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SR-9-A (38)PCD KG AS WW F 1PLANISHAREICOUNCILISTRPTIMTAROW WPD Cou~cil Mtg October 13, 1998 TO Mayor and City Council FROM Crty Staff G~T ~ 3 ~ Santa Monica, Califomra SUBJECT Recommendat~on for the City Council ta Clarify th~ City's Palicy Regarding Use of the Exposition Rail Right-of-Way in the City of Santa Monica INTRQDUCTION This report prov~des background mformation for a policy discussion concerning the use af the Expos~tion Rail Right-of-Way The policy discussion js needed to establish the C~ty's posit~on related to non-trar~sportation use of the right-of-way Add~taonal ~nformatian related to how other ~urisdictions regulate use of the r~ght-af-way within their boundaries has been added to this report since ~ts last dis#ribution BACKGROUND Increas~ng ~nqu~ries to City staff and two Conditional Use Permit (CUP) applications regarding use of portions of the right-of-way, over extended periods of time, far non- transportation purposes ha~e prompted staff to s~aluate the rEght-of-way There is heightened i~terest in the right-o#-way, since it is o~e oi the few remaining #racts of open space in the City The City has, m the past, appro~ed Temporary Use PermEts (TUP} for use of the right-of-way for an initial six-month period, with one six-month extension For the temporary use to rema~n, or for other non-transpo~tation uses to exist on the right-of- way for an extended period of time, a CUP is required in acco~ciance with the Santa Monica Mun~cipal Code However, appro~ing a CUP for a long-term non-trar~sporiat~on 1 ~C~ ~3~ use could be m conflict w~th long-stand~n~ C~ty and Genera! Plan pal~cies Glear d~rect~on from Council regardGng use of the right-of-way w~ll assist interested potent~al users, City staff, and the property ov-mers, the Los Angeles County Metropofitan Transportation Author~ty (MTA) History of the R~qht-~of-Way The ExpasEt~on rarl rig~t-o#-way exte~ds between Downtown Los Angeles and the City of Santa Mon~ca, passing north of the Univers~ty of Southern Califomia and through portions of C~Iver City and the Che~iot Hills and Rancho Park Distr~cts of Los Angeles before entermg the Santa MoniCa C~ty lim~ts at Centinela Avenue Within the C~ty of Santa Monica, the right-of-way follows a southwest alignment, pass~ng through what has tradEtianally been the City's mdustrial district, between Olymp~c Boule~ard and Exposition BoulevardlMichigan Avenue {eas# of 22nd Street) and between Olympic Baulevard and Colorado Aver~ue (west of 22nd Street) HistorGCally owned and operated by the Southern Pac~fic Railraad Company, the right-of-way provrded the transport af persons and freight between the City of Santa Monrca and downtown ~os Angeles Passenger sernce along the corr~dor was terminated in the late 1950s, w~th ~nfrequent freight traff~c cont~n~~r~g through the 1980s. !n the early 19fi0s, no langer need~ng a d~rect connect~on to the ciowntawn area, Southern Pacific sold the portion of the raght-of-way west of Seventeenth Street to a ~ar~ety of pri~ate parties Currently, the Transportatior~ Department Administrat~on and Yarc~ Facil~ty ~s the only City-owned portion of the farmer right-of-way west af 17th Street ln 1989, the C~ty purchased the Bergamont Station property usmg manies from the Los 2 Angeles Caunty Transportation Cornm~ssion forfuture transportation purposes At the t~me of its purchase it was intended that this property would be ultimately used as a i~ght rail sw~tching statian Su~sequently, the ExposEtion right-af-way was purchased from Southern PacifEC m 1990 by the Los Ar~geles County Transportation Cammission {now the Metropol~tan Transporta#ion Aufhor~ty or MTA) In 1994, the MTA reieased a study outlin~ng se~era! altern~t~ves for reestabl~sh~ng trans,# serv~ce on the route, ~ncluding a busway and an at-g~ade light-rail lme No preferred a~ternative for the ExpositEOn right-of- way was adopted by the MTA and the alignment is not included m the Agency's currer~t 20- year plan 1n recent months, however, the MTA has been studying the feasibility of a low- cost, high-capacity, dedicated bus rvute that utilizes t~e right-of-way The results af tk~is study are scheduled to be presented to the MTA Board in t~e fall ANALYSIS Since the early ~ 980s, when discussions of a new regional rail transportat~on system for the Los Angeles area began, the City of Santa Monica has been a strong ad~ocate #or a transit or fixed-ra~l connectian to the City Thrvug~out the 1990s, particularly after formation of the MTA, the City worked aggress~~ely to include a rail co~nection to San#a Monica in the Agency's ZO-year pian Despite these efforts, ather alignments were given ~recedence The C~ty has cont~nued to take measures to demons#rate support for and commitment to using the right-of-way for transportation purposes Or~e such measure has been to presenre the MTA-owned right-of-way withEn the City lim~ts through General Plar~ polic~es, ~onmg ~rdmance regulations, and the land use policy decisions of the Planning Commission and City Council The recentky-approved Draft Open Space Element ar~d 1984 Land Use Element policies identify the future use af the right-of-way as ~ transporta#ian-related, poten#ially cambined with an apen spacelrecreation use suc~ as bicycle and ~ogg~ng paths Related City Pol~c~es and Ord~nances The Land Use and GErcutat~on Elements of the Genera( Pian contaGr~ the fof fowing policies related to the right-of-way • Policy 1 11 3 Encourage the retention of the Southern Pac~fic Ra~lroad r~ght-of- way as open s~ace Open space use of the r~ght-of-way shall also permit its use for transportafion purposes • Policy 3 3 16 Encourage fi~e- and twen#y-faot setbacks from #he streetfronk (~n the Spec~al ~ffice D~str~~t~ and ihe Southem Pacif~c Railroad r~ght-of-wa~r ~n order to allow for landscaping and useable public open space • Pol~cy 4 1 8 R~ght-of-way ~or new al#ernative transpvrtation facilities shall be reserved, iand uses sha11 be prohEbited that would preclude the tamely development of transpartat~on fac~l~t+es where rrg~t-of way ~s reqwred • Policy 4 5 3 The C~ty shoUld endorse the concept of rail rap~d trar~sit, e~#her heavy ra~1 or light rail, serving the C~ty of Santa Monica and shall promote locating a trans~t s#ation in the Downtown area The City should sekect the most appropriate type of transit system and the mast appropriate route after the pubfic review and consideration of the options available to the City Policy 4 6 3 Ass~st in the implementatron of a new Class I b~cycle route and pedestrian trail along the Southern Pacific Ra~lroad (MTA} right-of-way corridor when and ~f the right-of-way is abandoned as a rail line The Draft Open Space Element incluc4es the following policy related to the right-of-way Poiicy 4 3 The corrGdor shou~d be la~dscaped and ~mpro~ed as useable open space w~tho~t compromising potential transit use The r~ght-of-way is located w~thm ths LMSD (Light Manufacturing Studio District), M1 (Light Industrial District), and C5 ~Special OfFice District) Zon4ng Districts A CUP ~s required for "any use of t~e right-of-way for ather than transportat~on purposes" ~n all three Districts ~ Status of Riqht-of-Way Uses In the years since reguiar rarl apera#rons ceased, approxrmately 21 busrnesses ha~e expanded thekr act~vities anto the portion of the right-of-way east of 17~' Street that remains publically-owned These uses include • employee parkmg • access roadways • small buildrrtgs and structures • parkmg and storage of automobiles and del~~etylwork trucks • display and storage of plants in con~unct~on w~th a commercial nursery • construct~on stag~ng (storage of materials and equipment} and parking ~ storage of stone, rock, and lumber materials ~ vehicie fmpound ~ iandscapmg • b~llboards Status of MTA Leases Of the 21 existing uses, 6 ha~e leases wath the MTA, 9 had Sou#~ern Pac~fic leases that have bee~ continued by the MTA, 4 have MTA subleases, and 2 have no lease The leases ~aryfrom a three-black-long segment feased to Hastrngs Plast~cto a s~x-car parking area subleased to the Goodmar~ Center The two ~raperties that do not have a valid lease are both used for parkmgNehicle storage The MTA ~as notified these two b~sinesses that they ar~ using the properties illegally, but has not taken any further actior~ The CEty is also pursumg enforcement action to remove the uses The Southern Pacif~c ieases predate the CUP requirement, whic~ was established in 1984 in conJunction with adopt~on af the Land Use and Circulation Element Because tF~ese lease ho€ders began using the rEgf~t-of-way pnar to #he CUP requkrement, fhey are considered legal nor~-conforming uses All of the MTA leases were establ~s~ed after the 5 CUP requi~em~nt was established, howe~er, only one of those busmesses has ab#a~ned a CUP from the C~ty of Santa Man~ca MTA feases are issued on a month-to-month basis, w~th the lease being autamat~cally rer~ewed if no iease ~iolat~ans ha~e occurred Compliance with focal municjpal codes ~s a standard requirement of MTA leases, hower+er, the MTA places th~ responsibility of comply~ng w~tl~ local codes on the lease holder and does not requrre proof of lacal appro~als prior to issuing the lease Combining the cu~rent MTA leases and subleases, a total of 9 uses ha~e not obtained requ~red C~ty permits to operate on the nght-of-way Only one of the ex~sting uses (American Botanical, the rose nursery at Stewart Street) has obtained a CUP {CUP93-OZ2) to permrt use of the right-of-way Th~s CUP was rssued based on the n~rsery being cons~stent with and supporti~e of t~e landscaped character desired for the Special Office DistrECt As a result, 9 difFe~ent uses are currently not rn compliance w~th the CUP requiremer~t The City is praceed~ng with enfflrcement to er~sure that businesses usrng tt~e ngnt-of-way are m corrforinance witn Zonmg 4rd~nance requ~rements Develapment S#andards for Riqht-of-Way ~n Other Jurisd~ckions Staff contacted C~ty of Los Angeles and Cul~er Crty Pianrn~g departmen# staff to ~nquire about development standards and regulations reiated to the Expos~tian R~ght-of-Way in the respecti~e cities B~th the City of Los Angeles and the City of Cul~er City have created a special zonEng clesignation for the r~g~t-of-way Los Angeles has zoned the right-of-way as PF (Public Fac~lities) Permitted uses in this 6 zone are as follaws "no buildings, str~ctures, or land shall be used ar erected except agnculture uses, p~ablEC park~ng under treeway rrg~ts ot way, trre and polECe stations, government buildings offices and servECe facilities with an appropnate CUP, pubhc libraries, post offices, public health faci~Eties, public schools, a~nd ~oint de~elopment public and pr~~ate uses ~ermitted in the most restrictive ad~om~ng zane " 1n Culver C~#y #he right-of-way ~s zoned T-9 (Transportation) Perm~tted uses are the operation and ma~ntenance of any transportation bus~ness includ~ng private rights-af-way, easements, railroads, raFlways, pEpe lines, pole lines, conduits, bus ianes, ar airports, and automo~ile park~ng, when de~eloped in accordance with t[~e pro~is~flns of the Zonmg Code Proh~bited uses are the construction af dwellings, ad~~rtasing s~gns, and commercial or mdustr~aE buildings Issues Related to Manaqinq the Riqht-o#-Way Preservation of the right-of-way for transportation purposes has been a long standing City policy, e~en though it may take se~eral years before a transportation pro~ect, implemented either by the MTA or the City, occurs MTA is currently evaluati~g the busway alternati~es Workshops will take place in October ar~d adoption af the alternati~es ~s scheduled to accur in No~ember The Board must make a decisian by December ~n order to retain Federal fundmg for the pro~ect Tk~e design of a b~keway has no# been mitiated nor has fundmg been procured It ~s difficult ta estimate when the right-of-way may be used for a transportatEOn pra~ect unt~l after the MTA Board action The City has consistently ad~ocated for the Exposit~on CorrEdor and protected its use for transportation e~en though implementation of a trans~t alternative was m the future In 7 managing #he right-of-way the City has been concerned with #he follow~ng issues • De~ekopkng a const~t~ency In se~erak o#her locatiar~s m Southern Cal~fornia where property owners ha~e utilized publicly-owned r~ghts-of-way as an integral part of the~r business (i e access, cons#ruc#ion of struc#ures, and use for park~ng), reloca#ion of these ~ses has proven to be a}~ighly sens~t~~e arld controversial jssue Busir~ess and property owners with interest in the right-of- way may in fact oppose any aiternate use or try and delay implementation of specif~c transporkat~on pro~ects If the prpcess of removing ~sers from the right- of-way in the C~ty of Santa Monica becomes contro~ersial ar contentious, it could be detr~men#al to the City's ability to achieve its long-term transat goals Funding and rnteragency support could be ~eopard~zed ir~ the event of local oppos~tion • Conststency with the General Plan Pro~ects located an the r~ght-of-way must be consistent with the policies of the General Plan which specify that land uses wF~ich would preclude the t~mefy development of the right-of-way far transportat~on use sf~ould be prohibited Therefore, many p~-o~ects may not meet these consistency requaremenfs ~ Coord~nat~on with the MTA Although m violation of City r~quirements, the MTA has leased port~ons of the right-of-way ~n the C~ty of Santa Monica The right-of- way is one of the largest remainmg undevelaped areas in the City and has the potent~al of generatmg revenue for the MTA In additian, the r~ght-of-way is located m close proxim~ty to several exist~ng fiim product~an facil~t~es, makmg it s convenient for location shoot~ng and construction ot outdoor sets Many of the proposed right-of-way uses can be appro~ed by the City with a TUP, hawe~er it appears some appl~cants would prefer use of the property for lang perEOds there~ay requir~ng a CUP Issuing a CUP to allow for the long-term and/or permanent use of the right-of-way for uses other than transportation or open space ~s, howe~er, mcons~stent w~#h the General Plan As a resuit, se~eral recent CUP appl~cations F~ave been den~ed Strateqies To Address Poss~ble General Plan and Zoninq Ordmance inconsistencies Three strategy options regardmg the Ipng-term use of the right-of-way are presented to the City Council for cons~derat~an These optGOns are as follows 1} Retain TUP process Continue with the current policy of preserving the right- of-way far future transit uses Limit non-transportation use of the nght-of-way to short-term uses that can be add~essed with a TUP This approach would be consistent with the General Plan, the City's land use policies, and the I~ng-term goals of the City ir~ terms of supportmg a trans~t system alang this route 2) Allow Durational CUPs Another approach for cerkam limited types of uses that want to use the right-af-way for longer than one year could be through the establishment of a durational CUP Minor ad~ustments to the Zornng Ordinance would be needed to clar~fy the criteria for appro~ing a durational CUP Only those uses that would not m any way preclude the future use af the right-of-way far transportatian purposes, and therefore are cor~sistent w~th the General Plan, 9 and t~at are consEStent with the type and character of land use encouraged m the applacable Zoning Districts would be permitted Exampies of appropriate uses may mclude paant nurseries, landscaped open spaces adJacent to a building, and limited storage of construction materials Examples of prohibited uses may include parking, storage of ~ehicles, storage of large quantiti~s of construc#ion ma#er~als, and permanent structures T1~e C~ty Council may also wfsh to mvestigate ~ssumg a duratronal CUP that i~cluc~es a un~form expr~atron date for ali nght-af-way uses By clearly limiting t~e duration of r~ght-of-way uses, the potentiai for de~eloping a constituency tF~at has based #he ~iability of their businesses on using #he right-of-way would be reduced, thus facil~tating removal of the uses when a transit pra~ect is ready for impiementat~vn. 3) Establish New ZanEnq Desiqnation An approach which would be consistent with the ckties of Los Angeles and Culver Gity would be to establish a new zon~ng desrgnation for the right-of-way which wouid allow very Irmrt~d and temporary uses to exist on the right-of-way unt~f such time as a transit pro~ect is ready fvr ~mplementatian Cvnclusion The right-of-way is a ~aluable resource to the C~ty in terms of pro~~ding an enhanced transpartation connectGan between the City af Santa Monica, Culver City, and Downtown Los Angeies Preserv~ng the right-of-way for future transpo~tation uses is in keeping wEth establEShed City polrcEes ~os Angeies and Culver City h~~e also taken steps to preserve and protect the right-of-way by giv~ng ~t a zonmg designat~on and specifically identifying io limited permitted uses In light of its ~alue for transportation purposes, the right-o# way should be managed and mamtamed ~n a clear and equ~table fashion until a transportation project is ready to be implemented A clear policy positEOn related ta use of the MTA right- of-way wauld benefit property awners and City staff and enhance coordmation wit~ the MTA BUDGETlFISCAL IMPACT The recommendation presented in this report c~oes not ha~e any budget flr fiscal impact RECOMMENDATION It ~s recommended that the City Council establish a new zoning designation to protect #he r~gf~t-of-way fortransportation purp~ses while allow~ng ~ery limited and temporary uses to ex~st Prepared by Suzanne Fr~ck, Directar Karen Ginsberg, Planning Manager Amanda Schachter, Sen~or Planner Walker Weils, Associate Planner City Plann~ng D~vision Planning and Community De~elapment Department Attachment A Map of r~ght-of-way ~i ATTACHMENT A 1~ ~ ~ ~~ ~ ~~. ~~~~ ~~.._....~~~ ~~~ ~~, _-_ ... ~~~~~~ ~ ~ ~ _ _ _-.::~ ~- .~ ~ ~ .. ~..~~ _..._-_,~F - _ . .~~ ~ ~ ~ ~ ,~- ° ~~ ~ ~ --- ----..._ ~ ~ ' ~~ ~~ ~- ~ ~ ~ ~ ~ ~ ~ ..~ --.~~ a 4 ~~ ~ ~~ ~ ~~ _~ ~ , , , ~~ ~ ~ ' - ~ ~~ /~ ~ "-~"' , ~^'d` n p ~ ~ ~ ~o ~ :.,~.~.. ~ ~~ .. ~ ~ ~~~~ . ~ ~:~ . ~ ~ . .~ ~ J$ ~ .___ . _ Y~ ~~ ~ ~ ~~ ~ ~ _.~ . ~.~ - - ~ ~ ~ ~~ ~ - ~ ~ ~ ~~ ~ _ ...~. _ _ ~~ J ~ _ .... ~ __ ~ _ ~ ~ - ~ ~__ ~ . i .. ~ - ~ ~ ~ ~ ~ ~ ~~ : ~ ~ ~ ~~ - ~ ~ i _. , .-.~ d ~ ~...r..~~~ - - ..~,^.... -.,..,.... ~f