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SR-8-A (120)~ ~ ~r ~ ' ' MAR 2 2 '~94 LUTM:PPD:SF:~M f:~ppd~share~ccreport~mlydccsr Council Meeting: March 22, 1994 Santa Manica, California STAFF REPORT TO: Mayor and City Counci~ FROM: City staff SUBJECT: Ordinance Madifying Interim Development Standards for Portions of the City Located in the Ml and C5 D~stricts. At its meeting an Mareh 8, 1994, the City Caunci~ introduced for first reading an ordinance mod~fying interim deve~opment standards for portions of the City located in the M1 and C5 Ra.stricts, nortYi of ~he Santa Monica Free~,aay and east af 19th Place Alley. The ordinance is now presented to the City Council for adaption. RECOMMENDATiON It is respectfully recommended that the accompanying ordinance be adopted. Prepared by: Dav~d Martin, Associate Planner 1 F`~ ` ~ ~ ~ ~ g ~ CA:atty\laws~cesar~mlc5dist.4 City Council Meeting 3-22-94 Santa Monica, California OR~INANCE NUMBER 1734 (City Council Series} AN ~RDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLI~HING II3TERIM dEVEL~PMENT STANDARDS FOR PORTIONS OF THE CITY LOCATED IN SELECTED AREAS OF THE M1 AND C5 DISTRICTS THE CITY COUNCIL OF THE CITY OF SANTA MON~CA~DOES ORDAIN AS FOLLOWS: SECTION I. Findinqs and Purpose. The City Council finds and declares: (A} At its March 16, 1993 meeting, the City Council approved a motzon directing staff to study selected areas af the C5 and M1 districts (the "Interim zoning Study Area") and to conduct enviranmental review of an option which would rezone the area to a new zoning designation to be known as "Ml/RD". The Interim Zoning Study Area is shown an the map attached hereto and incorporated herein as "Exhibit A". Certain portions of the Tnterim Zoning Study Area are further designated as the "Special Study Zone" an th~ map attached hsreto as "Exhibit A". (B) In order to protect the public health, safety and welfare, it is necessary, pending completion of the study and re- zoning of these areas to a zoning designation cansistent with the City Council's direction, to I~mit on an interim basis the maximum 1 bui].ding heiqht, floor area ratio, and permitted uses for the study area. (Cj On March 16, 1993, the City CounciZ directed staff to prepare an interim ordinance to implement the development standards proposed for the M1/RD district. On June 15, 1993, the City Council adapted ~rdinance 1686 (CCS), establishing interim develapment standards for the Interim Zoning Study Area for a period of farty-five days. (D} On July 2~, 1993, the City Councii adopted Ordinance 1694 (CCS), extending the interim development standards to January 10: 1995, in order to allow staff adequate time to analyze the proposed rezaning and to conduct the required environmental review. (E~ On September 28, 1993, the City Counci.~ adopted Ordinance ~707 {CCS) , which modified the int~rim ordinance in order ta protect city services and infrastructure and otherwise effectuate city p~licy. {F) Since the adaption of Ordinance 1707 (CCS)~ it has become apparent that a modification to the ordinance is necessar]r in order ta allaw existing primary schools a reasonabZe opportunity to expand at their current locations, There exists a present and im?~pdiate threat to the public safety health and we].fare shauld the interim ordinance not be modified and should exist~ng primary schools be prohibited from expanding at their current locations. SECTION 2. Interim Zoninq. Subject to the provi.sians of Sections 3 and 4 of this ordir~ance, the Planning Cammission and 2 City staff are diracted, after June 23, 1993, to disapprove any request for the issuance of a building permit, a tentative map. a tentative parcel map, an administrative approval, a development review permit, a canditional us~ permit, or any other City permit for the construction. erection, conversion, or moving of any structure located in tha area dasignated as the Interim Zoning Study Area an the map attached hereto as "Exhibit A", unless the project camplies with the follawing de~elopment standards: {A) Permitted Uses. (1) The foZlowing primary uses shall be permitted if conducted within an enclosed building (except where atherwise permitted), provided any office space included therewith is directly related to, ancillary to, and supportive af the primary permitted use on the same site and does not excaed fifty percent (54~~ of the gross floor area of the primary use: (a) Artist studios and art galleries. (b} Automabile repair and automabile paintinq facilities except those within 100 feet of a residential district. (c) Dance studias. {d) Domestic violence shelters. (e) Establishments engaged in research rElating ta, or the development, manufacturing, fabricating, assembly, testing, repair, servicing, or pracessing of, the followinq: {i) Aircraft parts other than engines. 3 (ii) Apparel except leather and fur goods. metal. cardbvard. aecessories. equipment. ware. and artists materials. (iii) Audio products. (iv) Metal, wood or canvas awnings. (v) Coated, p3ated, and engraved {viy Communicatian equipment. (vii) Cut stone and stone products. (viii) Dance studios. (ix) Diecut paper and paperboard~ and (x) Electric components and (xi) ~2ectric lighting and wiring (xii} Fabricated textile products. (xiii) Furniture and fixtures. (xiv) Glass products. (xv) Jewelry, silverware, and plated (xvi) Luggage. {x~ii} Musical instruments and parts. (xviii) Office machines. (xix) Paperbaard containe~s and boxes. (xx) Pens, penciZs, and other office 4 (xxi) Perfumes, cosmetics, and other toilet preparations. watches, and clocks. apparatus. controlling instruments. athletic goods. (xxii) Pharmaceutical products. (xxiii) Photagraphic and aptical goods, {xxivy Plumbing fixtures and heating (xxv) Pattery and related products. {xxvi) Professional, sCientific, and (xxvii} Toys, amusements, sporting and (xviii) Wooden containers. (xxix} Food products, except that no foad consumption by the public or food take-out by th~ public shall be permitted. (xxx) Products which are determined by the Zoning Administrator to be similar to those listed above and which are consistent with, and not associated with more disturhance or disruption than, permitted praducts. (f} On-site production facilities for advertising purposes. (g} Establa.shments engaged in the wholesale distribution af the foll~wing: (i) Dry gaods and appars2. 5 {ii) Electrical gaods. (iii) Groceries and relat~d products, except unpackaged ar unprocessed poultry and paultry products, fish and seafood, and fruit and vegetables. (iv} Hardware, plumbing, heating equipment and supplies. (v) Machinery. equipment, and supplies, except farm machinery and equipment. (vi) Mator vehicles and automotive equipment. kindred supplies. allied products. (vii) Pape~, paper products, and {viii) Pharmaceutical products and (h) Hameless she~ters with less than 55 beds, (i} Photography studios. (j) Public or private schoo~s existing prior to September, I988. (k) Public utility service centers and service yards. (1) Public utility substations.(m) S e 1 f storage or public mini-warehauses. (n) V e t e r i n a r y c7.inics. (o) Warehouses. 6 _ -~ _ _ ~ - - (pj Uses which are determined by the Zoning Administrator to be similar tfl those ~isted above and which are cansistent with, and not more disturbing or disruptive than, permitted uses. (2) The following primary uses shall be permitted if conducted within an enclosed building (except where otherwise permitted} and may include office space, which does not exceed fifty percent (50~) of the gross floor area of the primary use, so long as the office space is directly related, ancillary to, and supporti~e of the primary use located on the same site: (a) Broadcasting/eommunications, telecommunications facilities. (b) Design studios and offices for architects. (c) Drafting, printing, blueprinting and repraduction services. (d) Laboratories and facilities far medical testing and scientific research development and testing. {e) Publishing facilities. (f) Saftware and other computer--related production facilities. (g} Studias and offices for graphic design~rs. (hj Dutdoor or enclosed entertainment-related facilities including, without ~imitation, movie studios and production facilities, distribution facilitias, editing facilities~ catering facilities, printing facilities, past-production 7 facilities, set construction facilities, sound studios, special effects facilities and other entertainment-related productzon operations. (i) All uses customary ar incidental ta the productian or distribution of motion pictures and other forms of audio/~isual products, inciudinq, but nat iimited to, education and entertainment fi~ms Qr tapes. ( j) Uses which are determined by the Zonirig Administrator to be simiiar to those listed above and which are consistent with, and not more disturbing or disruptive than, permitted uses. (3) General office uses existing as of June 26, 1993, shal~ be permitted provided that such uses may not expand by raore than ten percent (10~) in floor area. (4) Service stations shall be permittad provided that they are not located withiz~ 10~ feet of a residential district and they comply with 5ection 9.Q4.12.130 of the Municipal Code. (5) Restaurant~ with 500 square feet of floor area or less shall be permitted. (6) No use, is~volving the manufacture, processing, or treatment of products, which by nature of the aperation is likely ta be obnoxious or offensi~e, whether by reasfln of emission of odor, dustE smoke, noxious gases, noise, vibration, g].are, or heat or by reason of other impacts ar hazards relating to materials, process, product wastes or by other methods, shall be 8 permitted un~ess mitigation measures are submitted and are acceptable to the Zoning Administrator. {B) Conditionallv Permitted Uses. The following uses may be permitted subject to the issuance af a Conditional Use Permit: (1} Aut~mobile dealerships. (2} Automobile repair and automobile painting faciiities, and expansion af existing facilities within 100 feet of any residential district. (3) Child day care centers. (4) Hea~th clubs and gymnasiums. {5) Homeless shelters with 55 beds or more. [6) ~utdoor storage af fleet vehicles if such vehicles are directly related ta the primary industrial or manufacturing operation on the site. (7) Parking and automobile starage lots and structures. (8) Places of worship. (9) Residential uses located in the area designated as the Special Study Zones on the map attached hereto as "Exhibit A" . (10) Restaurants with over 500 square feet of flaor area. 9 (11) Retail sales of goods manufactured on the premises, provided that the floor space devoted to such use daes not exceed tw~nty percent (20~) of the gross floor area of tha primary permitted use or ~,oaa squara feet, whichever is less. (12) Service stations within lOD feet of any residential district. (13) New public or priuate schools. {14y Any use of the ~ransportatian right of way for other than transportation purposes. (15) Uses which are determined by the Zoning Administrator to be similar to those listed above and which are consistent with, and not more disturbing or disruptive than, conditionally permitted uses. (16 ) Any use pe~mitted by sectian 2(A) ( 2) above in which office space exceeds fifty percent (50~) af the gross floor area of the primary use, sa long as the office space is directly related, ancill,ary to, and supportive of the primary use located an the same site. (C) Prohibited Uses. The fo~lowing uses shall be prohibited: f 1? or separated by an {2) (3} permitted or condi Rooftop parking on parcels directly abutting, a~ley from, a residential district. New general office uses. Any use not specifically authorized as a tionally permitted use. 10 (D) Property Develapment Standards. A1~ property in the area designated as Interim Zoning Study Area on the map attached hereto as "Exhibit A" shall be developed in accordance with the following standards: (1) Maximum Building Height. The maximum building height sha~l be two (2) stories, not ta exceed 30 feet, except that for projects involving the expansion of public or private elementary and secondary schools (Grades K through 12) existing prior to September 8, ~988, a maximum height af faur stor~es, 45 feet, sha11 be permitted. For projects located on property in the area designated Special Study Zone on the map attached hereto as "Exhibit A", a maximum h~ight o~ four (4) stories, not to exceed 45 f~et, may be permitted with the approval of a Conditional Use Permit for prajects containing at least 75 per cent res~dential uses. There shal~ be no limitation on the number of stories of any detached parking structure so lang as the height does nat exceed the number of feet permitted in the district. (2} Maximum Floar Area Ratia. Maximum Flaor Area Ratio sha~l be 1.0, except that for projects involvinq the expansion of public or private elementary and secondary schools {Grades K through 12) existing prior to September 8, 1988, a maximum floor area ratio of 1.5 sha~l be permitted. For projects 1QCated on property within th~ area designated Sp~cial Study Zone on the map attached hereto as "Exhibit A", the Maximum FZoor Area ratio shal~ be .65, except that a maximum tloor area ratio of ~.5 may be permitted with the appraval of a Canditional Use Perma,t for lI projects containing at least 75 per ce»t resident~al uses on such Special Study Zone designated property. (3) Minimum Lot Size, The minimum lot size shail be 15,000 square feet. Each lot shal~ contain a minimum depth of 150 feet and a minimum width of 1~0 feet, except that lots existzng on September 8, 1988 shall not be subject to this requirement. (4) Frflnt Yard Setback. A~1 landscaping shall be in accardance with the provisions of Part 9.04.10.04 of the Santa Monica Municipal Code. (5} Rear Yard Setback. No rear yard setback sha11 be required except: (a} Where the rear parcel Zine abuts a residential district, a rear yard equal to: 5' +(stories x lot width} 5a~ shall be required. The required rear yard may be used for parking or loading to within five (5} feet of the rear parcel line provided the parking or loading daes not extend above the first floor le~el and provided that a wa].1 not Zess than five (5} feet ar more than six {b) feet in height is erected and maintained along the rear cammercial parcel line. Access shall be permitted to crass perpendicularly the required rear yard pro~ided the driveway does not exceed the minimum width permitted far the parking area. A required rear yard sha~l not be used for commercial purposes. (b) Such r~ar yard setback as is necessary to accommodate landscaping and screening for a rear yard buffer 12 ~ _ _ - - _ : ~.~ - required pursuant to the provisions of Part 9.04.1U.04 of the Santa Monica Municipal Code. (6) Side Yard Setback. No side yard setback sha11 be required except: (a} Where the interior side parcel line abuts a residential distxict, an interioz side yard equal to: 5' +{stories x ~ot width) 50' sha~l be required. The interiar side yard may be used for parking or loading na closer than five (5} feet to the interior side prvperty ~ine provided the parking ar ~aadinq does nat extend abave the first f loor Ievel and provided a wall nat ~ess than f ive ( 5) feet Qr more than six (6) feet in height is erected and maintained along the side commerci.al parcel line. A required interior side yard sha1Z not b~ used for access or for commercial purposes. (b) Such side yard setback as is need~d to acca?~mQdate ~andscaping required for a street side yard, landscape buffer and screening pursuant ta the provisions of Part 9.04.10.04 of the Santa Monica Municipal Code. (c) For portions of buildings that contain windows, doors, ar other openings inta the interior of the building, a ten (10) foot setback from an interior property line shall be required. An interior side yard setback of less than ten (10) feet shall be permitted if provisions of the Uni.f~rm Building Code related to fire-rated openings in side yards are satisfied. 13 (E). Develo~ment Review. A Develop~ent Review Permit is required far any develapment of more than 30, OOa square feet of f loor area and for any develapment with raoftop parking. (F) Architectural Review. All new construction, new additions to existing buildings, and any other exterior improvements that requir~ issuance of a building permit shall be subject ta architectural review pursuant to the provisions of Chapter 9.32 af the Santa Manica Municipa]. Code. SECTION 3. Anblicability. Subject to Seetion 4 of this Ordinance, the requirements af Section 2 of this Ordinance sha~~ apply to all projects developed on any property in an area designated Interim Zoninq Study Area on the map attached hereto as "Exhibit A". SECTION 4. ~xempti.ans. The following applications are exempt from the provisions of Section 2 of this Ordinance: (A) Any building or structure for which a building permit, which has nat yet expired, was issued on or before June 15, 1993, but which has not obta~ned a Certificate of Occupancy as of the effective date of this Ordinance. {S) Any project far which a vesting tentative map app~ication was filed and deemed complete an or before June 15, 1933, which tentative map has not yet expired. {C) Any praject located on a property subject to a Development Agreement as of the effective date of this Ordinance. 14 ~ -~s~~ - ~_ i~- ~ ~-~:-+sr-~_.~.a-~a~.....---- -3_~`_~ ;~'~~:n °~ ~-~- ~ ~~~%-- n_~-- ~.~'~~~~'~--.~ '~`~~"~~~'° w' - ~~~=~~o--_ -~-~.`-`~-~.~ -~}' - ~ -~.. ~ _'"_°-~`"°~_,~~~~'.-z- :~ ° ' "- SECTION 5. This Ordinance shall ba of na further force and effect after January ~0, 1995, unless prior to that dat~, after a duly noticed pubiic hearing, the City CounciZ, by majarity vote, extends the interim ordinance as provided in Section 9.04.20.~6.060 of the Santa Monica Municipal Code. SECTION 6. Any provisions of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified ta that extent neeessary to effectuate the provisions of this Ordinance. SECTION 7. ordinance 1707 (CCS) is hereby rep~aled. SECTION 8. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutianal by a decision of any caurt of any competent jurisdiction, such decision shail not affect the va~idity of the remaining portions of this Ordinance. The City Council hereby declares that it wauld have passed this Ordinanc~, and ~ach and every section, subsectian, sentence, clause, or phrase not declared invalid or unconstitutianal without regard ta whether any portion of the Ord~nance wauld be subsequently declared invalid or unconstitutional. 15 SECTION 9. The Mayar shall sign and the City Clerk shall attest ta the passage of this Ordinance. The City Clerk shall cause the same to be pubiished once in the official newspaper within 15 days after its adoption. This Ordinance shal~ became effecti~e 30 days from its adopti~n. APPROVED A5 TO FORM: "~.~,~ . ~~_ 5 ~I,ec_~~ ~Ytr~1 , " 1 d'l[ ~'~,c~ MARS~A JONES ~ldUTRIE ! City Attarne~kj I6 Adopted and approved tlus 22nd day of March, 1994 ~ ~~~ Mayor I hereby certtfy that the forego~ng Ordmance No. 1734 (CCS} was duly and regul.arly adopted at a meetuig of the Ciry Counc~I on the 22nd day of March, i994, by the following Counc~i ~ote Ayes Councilmembers. Abdo, Genser, Greenberg, Olsen, Rosenscein, Vazquez Noes. Councilmembers• None Abstam Cauncilrnem~ers Nane Absent Councilmembers: Holbroak ATTEST. ~~~~ ~it~'~ _P_ ~ • ~ ~ City Clerk Ir~ter~m Zoning S#udy Area ~ ~ ~ ~ ,. ~ ~ ~ :. ~ ~{~ ~~~_ ' I J ` ^~r^ ~ E r ~ f - ~i , ~ I L . ! a rr ~r' ~ _ - • . r ~~ f ~ i u :-- -- ~ '.. ~. r .. sr~ = ti ~ i ~ • ~ ~ ~ _~ ~ f~ ~ ~ =' ~ . ~ ~ - _ 1 _ _ ~i-_ , _~ _ ~, , ! ~ ~ ~ ~irer-i ~-~~ r ~r r~ •,~ ~ rr ~ '~~ r ~ f . . . ~~'~~f r ri ~~ ~: ~~ ral~f f~~ ~ ;~ ~ ... ~. . ' r • r _ r~r~r :. ~ . ~ ~ r ~ ~~ ~ ~ f ~~ ~ ~!+` ~7 . ~ ' ff~r ~ ~~f~ ^ ~ ~r ~ ~. r~~ , , .~ ~ ~~ / r ~ ~~. . . . ~ ~~ .- ~ . . . ~,- - ^ . . . ~L1~ . - ..~ .s~ L ~~ ~ '*--- aoiaa. .~._ ~T~ l i - =~~ - ~y ~ ^ •~~ i ' I ~ . ~ ^~' ~~i _ 5 1 ~ • ~ ~ ^ ~ ~ - . .- : f =- - = -• ~. ~ ~ _. .~~ r ~ ~ rror,r„~ , ^-•---_. • • ~---~~ ~ ~ ~ ,.,,,' ~I ~ ~ . ' _ '"'rt'~"' . L _ ~A ~~t ~~ ~ intenm Zo~~~g Study Area ~ Special Study Zp~e EXHIB~~' "A" 1 ~~' LuTM:sF:DKw:DB:f:\p'lan\share~council\strpt\zc93Q01c Council Mtg: March 22, 1994 Santa Monica, Cali.fornia TO: Mayor and City Council FROM City Staff SUBJECT• Recommendation ta Approve Text Amendment 94-002 to amend the Nonconforming Build~.ngs and Uses Section of the Zoning ~rdinance to Permit the Cantinuation of Existing ~ote3.s Located in the i~TVtiT-R3 District and to Perrr~zt the Contlnuation o~ Corr~r~erczal Uses on the East Side of Second Street between Wilshire Boulevard and California Avenue, Recommendation to Deny Zone Change 93-001, Gen2ral P~an Amendment 93-001, and Text Amendment 94-001 to allcw the rezoning of 1111 2nd Street f~om a NW-R3 designation to an RVC designation, Address: ~111 Second Street and the NW--R3 Distrsct, Applicant: Kent Y. Mouton~ Esq , for Huntley Hotel and Second Street Corpora~ion INTRODT.I'CTION Th~s report recommends that the City Council approve 'Fex~ Amendment (TA) 94-0~2 ta amend the Nanconforrning Buildings and Uses Section of the Zoning Ordinance to permit the con~inuation of exi.sting hotels located ~n the NW-R3 [Medium Density Multiple Farni=y Resid~ntial Nor~h of Wilshire Overlay? District and to permi~ the contznuation of commercza~ uses on the eas~ szde of Second Street between Wilshire Boulevard and California Avenue This ~epor~ also xecommenas ~hat the City Council deny Zane Change (ZC) 93-OD1, General Plan Amendment {GPA) 93-DOl, and Text Amenc~ment (TA) 94-001 to allow the rezonin~ of the 15,aoo square ioot Hun~ley Hotel parcel from its current NW-R3 (Medium Density Multiple Family Res~dential-North of Wilshire Ove~layl designation to an RVC tResidential Visitor Commercial) -i- des~gnation These amendments are no longer necessary in th~ event the Council approv~s the staff-r~commended Text Amendment On November 3, 1993, ~he Planning Commission voted 5 to 1 to recommend that the City Counc~~ adopt ZC 93-001, G~A 93-a01 and TA 94-001. However, on February 23, 199~, the Planning Comm3ssion voted 7~0 0 to recommend that the City Council adapt TA 54-002, thereby eliminating ~he need for the previous Text Amendrnent. The revised Text Amendment addresses the ~ssue of nonconforming cornmerc~al uses located in residential districts in a more comprehensiv2 manner. ANALYSIS Backqround The application far ZC 93-~O1, GFA 93-001 and TA 94-001 was initiated by the Huntley Hotel in May of 1993 in order ta eliminate the hotel`s nanconfarming use status which occurred when the ho~el property was rezoned fram R4 (High Density Multiple Family Residential) to NW-R3 in 1990 As a legal nonconfarming use which was legally commenced without a Conditianal Use Permit, the hotel/restaurant and retail uses on the site must be "discontinued and removed or altered ta conform" ta the Zonzng Ordinance within 2D years of the 199Q date when ~h2 sub~ect parcel was rezoned, pursuant to Section 9.04.18 040 of ~he Zoning Crdinance. The Zone Change, General Plan Amendment, and Text Amendment were intended to prevent the r~quirement of either demol~shing the existing structure or conver~ing it to - 2 - residential use by the year 2010. Planni~q Commission Action On November 3, 1993, the Planning Commissior_ considered this application and voted five to one in favor of recommending Council approval (Attachment D?. Planning Commission and staff were concerned that ather hotels in the area wexe tiubject to the same requirement and that the zssue should be addressed for the entire area (~ttachment E). In response to this concern, staff was directed to initiate the process for a Text Amendrnent to S~ction 9.04.18.040 (T~rmination of Nonconforrning build~ngs and Uses} of the Zoning Ordinance in order to al~ow ~xzsting hotels and ~ommerc~al uses in the NW-R3 Distrzct ta remain without allowing expansion flf these uses A Resalution af Intention on this matter was adopted, and on February 23, 1994, the Planning Commission vcLed to recommend that the City Council adopt TA 94- 002 to amend the nonconforming section of the Zaning Ordinance. The Planning Commiss~on staff report fo~ th~s prapos~d Text Amendment, including the Planning Comrn~ss~on's recommended findings, ~s contained in Attachment F. With t~e introduction of TA 94-002, the app~ica~t's original proposal for a Zane Change, General Plan Amendment and Text Arnen~ment tc ~he RVC Section of the Zoning Ordinance are no longer n~cessary. The applicant agrees tha~ adoption of TA 94- 002 wil~ acceptably address his concerns. ~herefore, staff is recommending that Council deny the original perrnits requested by - 3 - the appiicant and instead adopt TA 94-002. TA 94-002 amends the nanconfarming section of the Zoning Ordinance to allow existing hotels in the NW-R3 District and o~h~r carnrn~rcial uses on the east side of Second Street in the N-W-R3 D~strict ~a r~main in beyond the 20-year amortization period. The p~ecise ~ext is contained in Attachment G. Impac~ of TA 94-fld2 on Hotels in the NW-R3 District The~e are a number of exlsting non-conforming hotels in the nT[nT-R3 District. Among these are the Cal Mar Hotz'-_ lecated on the southwzst corner af Th~rd Stree~ and Califarnia Avenue; the Oc~ana hotel located on the northeast carner af Ocean Avenue and Idaho Avenue; and, the Sovereign Hotel, located on the northeast corner of Second Street and Idaho Avenue. ~t was not ~he in~ention of staff or vhe neighborhood as part of ~he North of Wilshire rezoning ~o prohib~t the continuation of exist~ng hatels in the NW-R3 area. The proposed t~xt amendment will permit the existing commerGial uses identified to remain but will limit any expansion In addition, should the properties redevelop, ~he use and structure woald have to be cansistent with tne residential zoning requir~menrs. Conclusion Thz applicant's concerns regarding the noncanforming status of thz Huntley Hotel ar~ more simply r~so~ved with a Text Amendment - 4 - to the nonconforming sectian of the Zoning Ordinance than with a zone Chang~, General Plan Am~ndment, and Text Amendment to the RVC section of the Zoning Ordinance. An amendrnent to ~he noncanfarming section also resalves an ongaing prabl~m ~or severa~ other nonconforming hotels and commercial uses which also exist in the NW-R3 Dxstrict. Therefore, staff recommends that the Council deny ZC 93-OQ1, GPA 93-001, and Text Amendment 94- 001, and that the Council approve TA 94-002. PUBLIC NOTIFICATION Pursuant to Municipal Code Section 9.04.20.22.050, notice of the public heaxing was mailed to all owners and residen~ial and commercial tenants of property located within a 5Q0 taot radius of 1111 2nd Street at least ten consecutive calendar days p~ior to the hearing. A copy of the notice is contained in Attachment A. BUDGET/FINANCIAL IMPACT The recamm~ndat~on pr~sented in this repor~ does not have any budget or fisca~ irnpact RECOMMENDATION It is respectfully recommended that the Cauncil deny Zone Change 93-001~ G~neral P~an Amendment 93-Q01, and Text Amendment 94-OQ1 and di~ect the City Attorney's Office to prepare an ordinance consistent with the provisions set forth in Attachment G based upon the fallowing findings: ° 5 - ZONE CHANGE 93-001/TEXT AMENDMENT 94-001 DENZAL FINDINGS 1. The praposed Zone Change is inconsistent in principle with the goa~~, objectives, policies, land uses and programs specified ~n the adopted General Plan, in that it is inconsis~ent wi~h the General Plan designation for the subject praperty. 2. The public health, safety, and general welfare do not require the adoptiQn of the proposed Zone Change and Text Amendment, in that ~he applicant's concerns regarding the appl~cant's nanconforming use concerns are more simply resolved with a Text Amendment to the nonconforming sect~an of the Zoning Ordinance. GENERAL PLAN AMENDMENT 93-001 DENIAL FINDINGS 1. The proposed General Plan Amendment is inconsistent in prineiple wi~h the goals, abjectives, policies, Land uses and programs specified in the adopted General P~an, in that no zone change is necessary and that if a zone change were adap~ed, it would nat address the wider issue of all existing hotel and commercial uses in the NW-R3 District. 2. The public health~ safety, and general welfare da nat requi~e the adopt~on of the proposed amendmen~, in that th~ applicant`s nonconforming use concerns are mare simply resolved wi~h a Text Amend~ent to ~he ~oncanforming section of the Zoning Ordinance. TEXT AMENDMENT 94-002 APPROVAL ~INDINGS 1. The proposed t~xt amendment is consis~ent in principle with the goals, objectives, policies, land uses and programs spec3fied in the adopted General Plan, specifically Objectives 1.1 and 1 2 of the Land Use Elernent. Thes~ objectives call far pratecting the quality of life in alI resident2al neighborhoods, ensuring fair treatment of property awners and residents in the city, and ensuring compatibility of ad~acent land uses, with par~iculax concern for protecting residential nezghborhoods. 2 The public hea~th, safety, and genera~ welfare requires adoption of the proposed amendment, in that it wou~d serve to pro~ect the ecanomic vzabili~y of exist3ng commercial uses while maintaining the integrity of the existing residential neighborhoods and preventing the deleterious traffic and parking effects of increased non-residential development on the adjacent residential neighborhood. - 6 - Prepared by: Suzanne Frick, Director, LUTM D. Kenyon Webster, Planning Manager Drummond Buckley, Assoclate Planner Tad Read, Assoc~ate Planner Attachmer_~s : A Notice of PubZ~.c Hearing B Radius and Location Map C. Planning Comm=_ssion Staff Report D Planning Commjssion Statement of Official Ac~.zon E. Planning Commission Minutes F P~anning Commission Staff Report for Tzxt Amendment to Nor_canfarmirig Sect~on of 2oning Ordinance G. Proposed Text Amendment to the Nonconforming Section of the Zoning Drdinance H. ?hotogx-aphs o~ 117.1 Second Street Site and Surrounding Properties I. Plot Plan Showing 1111 Second Street Si~e and Surrounding Uses and Zon~ng Designations s~B f.\plan\share\co~a.ncil\strpt\zc93001c - 7 - A~"I'AC~E~!' A ~- ~~~~~ NOTICE OF DEVEL~PMENT PROPOSAL Ta: Concerned Persons From: The City of Santa Monica Subject of Hearing: Zone Change 93-041, General Plan Amendment, 93-001, Teat Amendment 9001. 1111 2nd Street, NW-R3 Appl~cant Kent Mouton. Esq ~1 Public Hearmg ~;111 be held by the Crt~- Council on the follo~~~n~ request Recommendatian that the Cit~~ Council r~mend the Zomn~ Ordmance to permit the contmuatron of existmg hotels m the NW-R3 D~strict and to allo« the cont~nuation of existmg coinmercial uses located on the east s~de of Second Street bet~~~een ~~'ilshire Boule~~ard and Califorrua Avenue m the NV4'-R~ D15tI'ICT application for a Zone Chan~e to amend the Official District~ng ~1ap designation for a 15.000 square foot parcel fram its current ~~'-R3 (Vledium Densrty Multiple Family Residential) designation to an RV C(Residential `Tisrtor Commercial) designation As a result of the proposed Zone Change; the General Plan Land L'~ se and Circulation Map ~~ould be requ~red to be anaended from Hi~h Densit<< Residentia~ to General Commercial. and a TeYt :4mendment ~~~ould be required to clarif~- the RVC de~-elopment standards The sub~ect property contains a lugh-nse hote~ {the Huntle~~ Hote1) and restaurant (Topper' s) No ph~ sical change or change of use to the e~istin~ cond~tions on the propertz- is proposed as a part of this applicatian (Planner D Bucklej'. T Read) TIME: TUESDAY, ~VIARCH 22, 1994 AT 6:30 P.M. LOCATIOl~'. COLJNCIL CHANiBER, ROOM 213. CITY Hf1LL 168~ MAIN STREET, SANTA MONICA HOV6r TO COl~LMEI~TT The Cit~- of Santa Nlonica encourages public comment on this and other projects You or your representati~~e, or any other persons ma~- comment at the Crty Council"s public heanng, or bi- i~~itzng a ~etter Letters should be addressed to Cit~~ Council, Cit~- Glerk~ s Office 16$~ ~Vlatn Street. Room 102 Santa Monica, California 90401 - 1 - ~ t?C~OC~~ MDRE ~FORIvIATION If desired, further information on any app~ication maF be obtained from the Pianning and Zoning Division at tbe address above or by calling {310) 458-8341. The meetmg facility is handicapped accessible. If yau have any special needs such as sign lan~uage interpreting, please contact the Office of the Disabled at {310)458-$'701. Pursuant to Gaiifornia Go~~ernment Code Secnon 6~OQ9(b}, if thls matter is subsequentl~~ challenged in Court. the challenge may be lunited to anly those issues raised at the Public Hearing descnbed in this not~ce, or rn written correspondence de~ati~ered to the Cit~~ af Santa Manica at, or prior ta, the Pubiic Hearing Esto es un aviso sobre una audencia publica para revisar applicaciones propomendo desarrollo en Santa Vlon~ca Esto puedo ser de interes a usied. Si deseas mas informae~on, favor de liamar a Elsa Gonzaiez en la Di~-ision de Plantificacion al numero (314) 458-8341 ~' 00~1~t~ ATTI4C~MEIITT B ~, ~Y ~~JO~ 1 STR~Ci V L` ~ ' ~ 5 R ' ~ - ' 3I i 4 - ~ i ~ ~ I ~ ~ _ ~ 1t01 4 3 Fou4~H u.3 ~ ~ Q ' . r r ~ c Y c. _-- ~ }~ i- - ~ s L ' u ~ s ~ ~~ , S 4 u C6i:1' ~ _ ~ ' ~ o; x 1 TPG:' l N_ I ti' I L~ i T S R Q _ 0 3~zZ? - . R~ - 9. :~ ~c s- ~ _ - y TREET ~ _ y ~ .. , $ S ~ . ~ s~ ' _ S i -- C C E, F I j ~ N ~ " ~ i I ~a y ~ ~, " SOJK c I T ~ n 8 FlrT ~ l: S ' • i ~ _ ~o, ~ ~ • ' I . I _ ~ ~ ' i ' ~ ~ ~~J \ • S~cr.o~r F.++.~• ~•AI![2~ 4201 ,zo2 w • ~ s~ A F_ :~ ~ I 9 ~4~ . ~ _ Y ~~ ~I s" ~° ~ ~ 4All nw.r. ~ ~ ~ h ~el~ x ' - { 4~ w ' . .r _ $i ~~ C D E ` Ic v 0° €~ x ol ~ Ai `~ e~ a _ ~:us- _ =,~ c ~ J rR4C7 N e `~ 8 a ~ ~ , 5 N c ~ e v ^1[U1 V ~cx[P- }~~rt i"" ~ u'~ -no rne sr~o ~.s J _- STREET AQnRESS 111 i Second 5ireet APPL~CANTY _~~ ~~~~t.~i~.G, RA~IUS h1AP PLANiVlNG DEPl~ft7M~fti1T C]TY O~ SANTA VIbN~CA GALIFORN~A Y sa ~ x x ~ x ~~ ~' `l ~e s. . so .z ~ ~5t K G H x 9 Y S - -` - nc x i y- s. w = - ~ nr ~ ~ ~ PUBL1 C HEARlNC DATE DA'FE REFERENCE ATLAS MAP SHEET NO R~QUIRED Ft.4DIU5 300' ~ C~012 LEGAL DESCRIPTION Lots U S V, Block 97, CASE NO. Town of Santa Monica, Book 39, Pages k5-51 of ti~Visc. Recards Z~~E A~"I'ACHM~IITT C ~ ooa~ ~