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SR-9-B (19) ~8 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 1 qB 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 2 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 3 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 4 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 5 -- 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 6 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 7 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 8 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 9 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 10 A TT ACHMENT A < - -- -- - -- MTA Right-of-Way )i{ ~ MTA Right-ofWay 'It ! !I' ..- .. 'i:I ~i IUttJf': ---r-~lJ 1 I' 1 1 I -.- cr I -.J I 1 Ie I U =:J c:::=o -~ =:J I m I I, ~I I ~I I ~l Sf I. ~! In" l I I , ilIUIIDn : Scb&d i ~~Dnve Park ~Padt I i ]f1 Y I I I ~ I I tt~ _~ ~ -~~=-~ h ~ .. , ~I ilH ~I WMIT"IIIiI'N'I'V"T ~i II I ~! 1 ~I I ! II" ~HI ~ 11510 iI. ~; If II ~~ II DitIrict Of6ces ==:J I llI' ~ I i II I ~I Sf I ~I I. "--~---- 1If ....,..,...,.,.. lOT I I I I I I I II I I I II lDlbnnobanS_~GoosnPne_S<_~ DmdMnlk SqIIcrrtxr9 1991l ----- - - .. q-6 -ol ~ q~;).J. -'1r 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 ... ~ 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 - .. ~ 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, ;;.. r j, .' J/{7 (<--{ /{; tiAJ/.(fLC VELMA C MARSHALL DIrector of Real Estate sm e,ty council polley - - - A