SR-9-B (19)
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peD KG AS WW SEP 2 2 1998
F \PLAN\SHARE\COUNCIL\STRPT\MTAROW WPD
Council Mtg September 22, 1998 Santa MOnica, California
TO Mayor and City Council
FROM City Staff
SUBJECT- Recommendation for the City Council to Clanfy the City's PolICY Regarding
Use of the EXposItion Rail Right-of-Way In the CIty of Santa MOnica
INTRODUCTION
ThiS report provides background information for a poliCY diSCUSSIon concerning the use of
the EXposition Rail Rlght-ot-Way The polley diSCUSSion IS needed to establish the City's
position related to non~transportatlon use at the right-at-way
BACKGROUND
Increasing InquIries to City staff and two Conditional Use PermIt (CUP) appllcattons
regarding use of portions at the nght-of-way, over extended penods of tIme, for non-
transportatIon purposes have prompted staff to evaluate the nght-ot-way There IS
heIghtened Interest In the nght-ot-way, since It 15 one of the tew remaining tracts at open
space In the City The City has, In the past, approved Temporary Use Permits (TUP) for
use of the nght-of-way for an Initial six-month penod, with one six-month extension For
the temporary use to remain, or for other non-transportation uses to eXist on the right-ot-
way for an extended penod of tIme, a CUP IS required In accordance with the Santa
Monica MunIcipal Code However, approving a CUP for a long-term non~transportatlon
use could be In conflict with long-standing City and General Plan poliCies Clear direction
from CouncIl regarding use of the nght-of-way WIll assist Interested potential users, City
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SEP 2 2 1998
staff, and the property owners, the Los Angeles County Metropolitan Transportation
Authority (MTA)
History of the Right-at-Way
The ExposItion raIl nght-of-way extends between Downtown Los Angeles and the CIty of
Santa Monica, passing north of the University of Southern California and through portIons
of Culver City and the Cheviot Hills and Rancho Park Dlstncts of Los Angeles before
entenng the Santa MOnica City limIts at Centlnela Avenue WIthIn the City of Santa
Monica, the rjght~of-way follows a southwest alignment, passing through what has
traditionally been the City's Industnal district, between Olympic Boulevard and EXposition
Boulevard/Michigan Avenue (east of 22nd Street) and between Olympic Boulevard and
Colorado Avenue (west of 22nd Street) Historically owned and operated by the Southern
PaCifiC Railroad Company, the nght-of-way proVIded the transport of persons and freight
between the City of Santa MOnica and downtown Los Angeles Passenger servJce along
the corndor was terminated In the late 19505, WIth Infrequent freIght traffiC continUIng
through the 19805 In the early 19605, no longer needing a direct connection to the
downtown area, Southern PacJfJcsold the portion of the nght-of-way west of Seventeenth
Street to a vanety of pnvate parties Currently, the Transportation Department
Administration and Yard FaCility IS the only City-owned portJon of the former flght-of-way
west of 17th Street
In 1989, the City purchased the Bergamont Station property uSing momes from the Los
Angeles County Transportation CommissIon for future transportation purposes At the time
of Its purchase it was Intended that thiS property would be ultimately used as a lIght raIl
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sWitching station Subsequently, the EXposition nght-of-waywas purchased from Southern
Pacific In 1990 by the Los Angeles County Transportation CommissIon (now the
Metropolitan Transportation Authorrty or MT A) In 1994, the MT A released a study
outlining several alternatIves for reestablishing transit service on the route, Including a
busway and an at-grade light-rail hne No preferred alternative for the EXpositIon nght-of-
way was adopted by the MTA and the alignment IS not Included In the Agency's current 20-
year plan In recent months, however, the MTA has been studYing the feasibility of a low-
cost, hIgh-capacity, dedicated bus route that utilizes the nght-of-way The results of this
study are scheduled to be presented to the MT A Board In the fall
ANALYSIS
Since the early 1980s, when discussions af a new regional rail transportation system for
the Los Angeles area began, the City of Santa Montca has been a strong advocate for a
transit or fixed-rail connection to the City Throughout the 19905, particularly after
formatton of the MTA, the City worked aggressively to Include a rail connectIon to Santa
Montca In the Agency's 20-year plan Despite these efforts, other alignments were given
precedence The City has continued to take measures to demonstrate support for and
commitment to uSing the flght-of-way for transportation purposes One such measure has
been to preserve the MT A~awned nght-af-way wIthin the City limits through General Plan
policies, ZOning OrdInance regulatIons, and the land use pol ICY decIsions of the Planmng
Commission and CIty CounCil The recently-approved Draft Open Space Element and
1984 Land Use Element policies Identify the future use of the nght~af-way as
transportation-related, potentIally combined with an open space/recreation use such as
bicycle and JoggIng paths
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Related City Policies and Ordinances
The Land Use and Circulation Elements of the General Plan contain the following policies
related to the nght-of-way
. Policy 1 11.3 Encourage the retentIon of the Southern PacifIc RaIlroad nght-of-
way as open space Open space use of the nght-of-way shall also permit Its use
for transportation purposes
. Polley 3.3.16. Encourage flve- and twenty-foot setbacks from the streetfront (10
the Special Office Dlstnct) and the Southern PacifIc Railroad nght-ot-way In
order to allow for landscapmg and useable public open space
. Pellcy 4 1 8 Right-of-way for new alternative transportation faCIlities shall be
reserved, land uses shall be prohibIted that would preclude the timely
development of transportation facIlities where nght-of-way IS reqUired
. Policy 4 5 3 The City should endorse the concept of fall rapid transit, either
heavy rail or light rail, serving the City of Santa Monica and shall promote
locallng a transit station In the Downtown area The City should select the most
appropriate type oftranslt system and the most appropnate route after the publIC
reView and conSideration of the options available to the City
. Policy 4 6 3 ASSIst In the Implementation of a new Class I bIcycle route and
pedestnan trail along the Southern PaCific Railroad (MTA) right-of-way corndor
when and If the right-of-way IS abandoned as a rail line
The Draft Open Space Element Includes the followmg policy related to the nght-of-way
. Policy 4 3 The COrridor should be landscaped and Improved as useable open
space Without compromising potential transit use
The right-of-way IS located withIn the LMSD (Light Manufactunng StudiO Dlslnct), M1 (light
Industrial Dlstnct), and C5 (SpeCial Office Dlstnct) ZOning Dlstncts A CUP IS reqUired for
"any use of the right-of-way tor other than transportation purposes" In all three Districts
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Status at Right-of-Way Uses
In the years since regular rail operations ceased, approximately 21 businesses have
expanded their actIVIties onto the portion of the right-at-way east of 171tl Street that remains
publlcally-owned These uses Include
. employee parking
. access roadways
. small bUIldIngs and structures
. parking and storage at automobiles and delivery/work trucks
. display and storage of plants In conjunction with a commercial nursery
. construction staging (storage of matenals and equipment) and parking
. storage of stone, rock, and lumber matenals
. vehicle Impound
. landscaping
. bIllboards
Status of MT A Leases
Of the 21 eXlstlng uses, 6 have leases with the MTA, 9 had Southern PaCific leases that
have been continued by the MT A, 4 have MT A subleases, and 2 have no lease The
leases vary from a three-black-long segment leased to Hastings PlastiC to a six-car parking
area subleased to the Goodman Center The two properties that do not have a valid lease
are both used for parking/vehicle storage The MT A has notified these two busInesses
that they are uSing the properties Illegally, but has not taken any further action The City
IS also pursuing enforcement action to remove the uses
The Southern PaCific leases predate the CUP requirement, which was established In 1984
In conjunction with adoption of the Land Use and CIrculation Element Because these
lease holders began uSing the nght-of-way prior to the CUP requirement, they are
conSidered legal non-conforming uses All of the MTA leases were established after the
CUP reqUirement was established, however, only one of those bUSinesses has obtained
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a CUP from the City of Santa Monica
MT A leases are Issued on a month-to-month basIs, with the lease being automatIcally
renewed If no lease violations have occurred Compliance With local munIcipal codes IS
a standard requirement of MTA leases, however, the MTA places the responsibility of
complYIng With local codes on the lease holder and does not require proof of local
approvals pnor to ISSUing the lease CombIning the current MT A leases and subleases,
a total of 9 uses have not obtaIned required City permits to operate on the right-of-way
Only one of the eXisting uses (Amencan Botanical, the rose nursery at Stewart Street) has
obtaIned a CUP (CUP93-012) to permit use of the right-of-way This CUP was Issued
based on the nursery being consistent With and supportive of the landscaped character
deSired for the SpeCial Office District As a result, 9 different uses are currently not In
compliance With the CUP reqUirement The City IS proceeding With enforcement to ensure
that busmesses uSing the right-of-way are In conformance With ZOOlng Ordinance
requIrements
Issues Related to ManaHlng the RI!=Iht-of-Way
Preservation of the flght-of-way for transportation purposes has been a long standing City
policy, even though It may take several years before a transportation project, Implemented
either by the MT A or the City, occurs MT A IS currently evaluating the busway alternatives
Workshops WIll take place In October and adoption of the alternatives IS scheduled to
occur In November The Board must make a deCISion by December In order to retaIn
Federal funding for the project The deSign of a bikeway has not been 1n1tlated nor has
funding been procured It IS difficult to estimate when the flght-of-way may be used for a
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transportatlon project until after the MTA Board action
The City has consistently advocated for the EXposition Corndor and protected Its use for
transportation even though Implementation of a tranSIt alternative was In the future In
managing the nght-of-way the City has been concerned WIth the following Issues
. DeveloplnR a constituency In several other locations In Southern California
where property owners have utilized publicly-owned nghts-ot-way as an Integral
part of their bUSiness (I e access, construction of structures, and use tor
parking), relocation of these uses has proven to be a highly senSitIve and
controversial Issue BUSiness and property owners With Interest In the nght-of-
way may In fact oppose any alternate use or try and delay Implementation of
speCifiC transportation projects If the process of removIng users from the nght-
of-way In the CIty of Santa MOnica becomes controversial or contentiOUS, It could
be detrimental to the City's ability to achieve Its long-term transit goals Funding
and Interagency support could be Jeopardized In the event of local OppOSition
. Consistency With the General Plan Projects located on the right-at-way must be
consistent With the policies of the General Plan which speCify that land uses
which would preclude the timely development of the nght-of-way for
transportation use should be prohibited Therefore, many projects may not meet
these consistency requIrements
. Coordination With the MT A Although In Violation of City requirements, the MT A
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has leased portions ofthe nght-of-way In the City of Santa Monica The nght-of-
way IS one of the largest remaining undeveloped areas In the City and has the
potential of generating revenue for the MT A In addition, the nght-af-way IS
located In close proximity to several eXisting film production faCilities, making It
convenient for location shoaling and construction of outdoor sets Many of the
proposed right-of-way uses can be approved by the City wIth a TUP, however It
appears some applicants would prefer use of the property for long periods
thereby reqUiring a CUP ISSUIng a CUP to allow for the long-term and/or
permanent use of the nght-of-way for uses other than transportation or open
space IS, however, Inconsistent With the General Plan As a result, several
recent CUP applications have been denied
Strate~les To Address POSSible General Plan and Zonln!=! OrdInance Inconsistencies
Two polley options regarding the long-term use of the nght-of-way are presented to the
City Council for their consideration These options are as follows
1) RetaIn TUP process Continue With the current polley of preserving the rlght-
of-way for future transit uses Limit non-transportation use of the nght-of-way to
short-term uses that can be addressed With a TUP ThiS approach would be
consistent With the General Plan, the City's land use poliCIes, and the long-term
goals of the City In terms of supporting a transIt system along thiS route
2) Allow Duratlonal CUPs Another approach for certain limited types of uses
that want to use the nght-of-way for longer than one year could be through the
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establishment of a duratlonal CUP Minor adjustments to the ZOning Ordinance
would be needed to clanfy the cntena for approving a duratlonal CUP Only
those uses that would not In any way preclude the future use of the nght-of-way
for transportation purposes, and therefore are consistent with the General Plan,
and that are consistent with the type and character of land use encouraged In the
applicable Zoning Dlstncts would be permitted Examples of appropnate uses
may Include plant nurseries, landscaped open spaces adjacent to a bUilding, and
limIted storage of construction matenals Examples of prohIbited uses may
Include parking, storage of vehicles, storage of large quantities of construction
matenals, and permanent structures The City Council may also wish to
investigate Issuing a duratlonal CUP that Includes a unIform expIration date for
all nght-of-way uses By clearly limiting the duration of nght-of-way uses, the
potential for developing a constItuency that has based the viability of their
businesses on uSing the nght-of-way would be reduced, thus faCilitating removal
of the uses when a transit project IS ready for Implementation
Conclusion
The nght-of-way IS a valuable resource to the City In terms of providing an enhanced
transportation connection between the City of Santa MOnica, Culver City, and Downtown
Los Angeles Preserving the nght-of-way for future transportation uses IS In keeping with
established City poliCIes In light of Its value for transportation purposes, the nght-of-way
should be managed and maintained In a clear and eqUitable fashion until a transportation
project IS ready to be Implemented A clear polICY position related to use of the MT A nght-
of-way would benefit property owners and City staff and enhance coordination With the
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MTA
BUDGET/FISCAL IMPACT
The recommendation presented In thIs report does not have any budget or fiscal Impact
RECOMMENDATION
It IS recommended that the City Council provide direction to staff on the City's position
related to non-transportation uses of the nght-of-way
Prepared by Suzanne Frick, Director
Karen Ginsberg, Planning Manager
Amanda Schachter, Semor Planner
Walker Wells, ASSOCiate Planner
City Planning DIVIsion
Planning and Community Development Department
Attachment A Map of right-of-way
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September 22, 1998
CIty of Santa Maruca
Los Angeles County CIty Clerk
1685 Mam Street, Room 102
Metropolitan Santa MOllica, CA 90401
1 ransportatlon
Authority RE Public Hearing To Be Held On Tuesday, September 22, 1998
POLICY DISCUSSION REGARDING LAJ\'D USE REGuLATIONS FOR
One Gateway Plaza MTARIGHT OF WAY
Los Angeles. CA
900[2 MT A recently receIved notIce of the subject pubhc heanng regardmg land use
regulatIOns for MT A RIght of Way earher thIS week AddItIOnal tIme would be
213 922 6000 reqUired to fully respond to the Issues In the staff's report, however. please conSIder the
content of thIs letter m your deltberauons thiS evemng
The City of Santa Moruca has actIvely supported the preservatIOn ofMT A-owned nght
of way \\,thm Its cIty hmIts for transportatIon purposes, an effort which MT A has
applauded However, pendmg the Implementation of a tranSIt project. MT A IS faced
with the reahty of ownmg a long narrow stretch of undeveloped land located m an
mdustnal area of the CIty Ownership of the land poses an ongomg mamtenance and
secunty habllity to the MT A
The City's General Plan prohIbIts any use of the MT A nght of way except for
transportatIon purposes ThIS restrictIon prevents the MT A from effectIvely managing
ItS real property assets and has the effect oflllrutmg MIA's abilIty to maXimIze revenue
opporturutles from the mtenm uses of the nght of way
.-\5 a polIcy, 1\.fT A leases It nght of way on an mtenm baSIS untIl It IS needed for a
transIt project Support from the City In facIlltatmg the mtenm use IS requested
In the Staff's Report several Issues related to managmg the nght of way were Identified
In response to the concerns raIsed, the followmg comments are offered
. Developmg a ConstItuency MT A IS careful to mdude In aU of Its leases the nght
to termmate the use of the property If It IS needed for a funded transIt project
PerrrusslOn IS demed to construct any pennanent Improvements on the property or
to use It to meet any CItY-Imposed occupancy reqUlrements or code-reqUired
parkmg SItuatIOns are aVOid whereIn a tenant would be forced out of busmess If
the lease were to be termmated Tenants are remmded repeatedly that their tenancy
IS only mtenm and temporary
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CIty of Santa Maruca
September 22, 1998
Page 2
. ronslstency wIth the General Plan MT A did not have the opporturuty to provIde mput to the
Planmng COmmIssion and CIty Council at the tIme the General Plan and Zorung Ordmances
were drafted MT A IS the only property owner m the restnctlve zonmg dlstncts who IS
specifically restncted from allowmg Its property to be used for any mtenm use wIthout
applicatIOn first being made for a temporary or a condltlonal use permIt We respectfully
request the CIty to be fleXible m Its regulatIOn of the MT A nght of way
. Coordmation With the MT A The General Plan enVISIOns the nght of way bemg used by plant
nursenes or landscaped open space There has been nommal mterest expressed by adjacent
property owners m thiS type of development In addItIOn these types of uses provIde lmuted
econorrue return to M1 A
With regard to the two polley optIOns presented to the CIty CouncIl, 1.IT A offers the followmg
comments
. :MTA supports the abandonment of the Temporary Use PermIt process (TUP) The
TUP IS valId for a SIX month penod oftlme TYPically uses of MT A's nght of way IS either for
a few days (1 e filrrung purposes) or on a month-to-month baSIS untIl MIA needs the property
or the tenant no longer reqUlres the property
. l\'ITA supports adoption of the DurationaI Conditional Use PermIt We belIeve thiS
process provldes more flexlbIltty m MT A's efforts to lease the nght of way However, It IS
recommended that the term of each CUP comclde WIth the tenn of M1 A's lease In other
words, when 1.11 A tennmates the lease, the CUP would automatIcally expIre M1 A has the
abilIty to retneve posseSSIOn of the property under the termmatlOn provlSlon of the lease,
whIch would take no more than 180 days AdditIOnally, MT A would then have more
fleXibility as to future uses of the same property, Without havmg to comply WIth an eXIstIng
valid CUP from the City
In conclUSIon, MT A requests that the CIty remove the severe restnctlons placed on the use of
nght of way In addItIOn, It IS requested that the permItted uses of the nght of way be expanded
to Included the followmg
. surplus parla.ng (non-code reqUIred)
. storage of operatmg vehicles andlor matenals
. constructlon stagIng
. secondary dnveways
. other uses whIch do not reqUIre permanent structures
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CIty of Santa Momca
September 22, 1998
Page 3
MTA applauds the CIty Council's efforts to establIsh a much-needed clear mtenm land use pohcy
regardmg MTNs nght of way We apprecIate your the opportumty to participate m developmg
clear and equItable gUIdehnes
[(ereIY,
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J/{7 (<--{ /{; tiAJ/.(fLC
VELMA C MARSHALL
DIrector of Real Estate
sm e,ty council polley
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