SR-9-D (3)~~
P&Z DKW:DB.f 1planlsharelpclstrpt1zc93001
Planning CommissEOn Mtg October 27, 1993
TO. The Honorable PIa~uung Commission
FROM Plamm~g Staff
SLTBJECT. Zone Change 93-001. General Plan Amendment 93-001
Address 1111 Second Street
Applicant Kent Y. Mouton, Esq.
INTRODUCTION
Santa Momca, California
Action Staff recoinmends that the Pianning Commission recommend to the City Council that the
zorung of a parcel contaming a hotel be changed from R3-NVa' to RVC This necessitates a
Zoning Ordanance Text Arnendment, an amendment to the Off cial Districting Map and an
amendment ta the General Plan map is a~so required
Recommendation AppzovaI based on the findings contained herem.
Permit Streamlinrn~ Expiration Date None.
SITE L~CATI41v~ AN~ DESCRIPTTON
The sub~ect ~roperty is a 15,000 square foot parcel located on the east side of Second Street
betr~een Califom~a A~enue and Vwiislure Boulevard ha~sing a frontage of I00 Feet Surround~ng
uses consist of tvvo- and three-stary~ apartment buildings in the R3-NW District to ~he north, a
commercial surface parking lat in the R~-l~TV4' Distnct to the south, a six-stor~T condomimum and
a three-stor~ ht~tel m the R3-NV-~ Distric~ to the east across Second Caurt alley, at~d a six- tQ ten-
story hotel xn the RVC (Residential Visitor Cammercial) District to ~e west. Existang on-srte
uses include an 18-story hotel u~th a restaurant on the top floor and visitor-serving retail uses on
the ground floor
Zomng DistrFCt. R3-NW {Medium Densrty Multiple Family Res~dent~al--North of Wilslure
Overlay} Distnct
Proposed by applicant to be zoned C3 (Downtow~n Commercial) District
Proposed by staff ta be zoned RVC (Res~c~ential Visitor Cammercial)
Dastrict
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Land L]se Dfstrict_ High Densit~~ Residential
Propose~ bti~ applicant to be amended to General Cornmercial District
Proposed by staff ta be amended to Ocean Front Special Dzstrict
Parcel Area 100' x 150" (15,000 sc~uare feet}
PR4~ECT DESCRIPTIO?~T
The applzcant proposes ta rezone the i 5,000 square faot parcel cantaining the Huntley Ho~el from
its current designation nf l~-NW to a designatian of C3, thereb~ eIiminattng the IegaI
noncanforming use status of the existu~g commercia~ ~ses on the site Tlus proposal necess~tates
an amendment to the Official Districting Map and the General Plan Map 5taff's
recommenc~ation to rezone the site to a de~ignatian of RVC would also re4uire a Zomng
Ordinance Text Amendrnent. No change is proposed to the existu~g uses or ta the ex~sting
building on the srte
MLJNICIPAL CODE AND GEI~TER.AL PLAN C4NFORMANCE
The proposed Zone Change and General Plan Amenctment would brmg a legal nanconformmg
hotel/restaurant use znto conformitv vs~th the Zanin~ Ordinance and the General Flan
CEQA STATUS
The proaect is categorically exempt from the provisions of CEQA; pursuant to Class 5(13) of the
City of Santa ~Vlomca Guidel~nes for Implementation of CEQA
RE~~T C~NTROL ~TATUS
The sub~ect parcel cantams no controlled rental unrts A Rent Control Clearance form far this
srte is an file ~jith the Planning and Zoning Dn~ision
FEES
The proposal is not sub~ect ta any special Plannzn~ and Zonmg related fees
PUBI.~IC NOTIFICATIQN
Pursuant to MunicFpai Code 5ection 9 Q4 20 22 Q~Q, notice of the public hearing was mailed ta
all aw°ners and residential and commexc~al tenants of propertr located wrth~n a 504 foo~ rad~us
of the project at least ten cansecutrne calendar days prior to the heanng A copy of the notice
is contauied in Attachment B
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ANALYSIS
Back~round
The existing 18-story building on the sub~ect propert~~ v~ras constructed ~n 1965 as a mixed-use
hotel / apartment buildmg / restaurant vsnth a total of 82 hoteI rooms, 33 t~v°o-bedroam units, 22
one-bedroom unrts, and a 7,500 square foot restaurant v~hich opened onto an outdoor deck No
Condrtional Use Permit or other discretionary permit was required for the pro~ect at that tune
In ~975, the owners of the building obtained a permit to remove all residential cooking facilities
m the bu~ldmg and divide all of the residential units into hotel rooms. At the time of the
conversion no dlscretionary permrts were requ~red because the sub~ect property was in the R4
(High Density Mult~ple Fam~l~= Reside~ntial} D~strict, in vvhich hotels w~ere permftted "by right "
The building currentl`~ conta~ns a total of 213 hatel zoams. a raoftop bar/restaurant ~th 240
seats, a ground floor Iobb~ «~ith some hotel-related retail uses, and three levels af suhterranean
park~ng.
In 199D, pursuant to Ordinance 1 ~43 (CCS), the subject property r~~as do~~nzoned from R4 to Ri-
NVi~' V4~ile the R4 designation allowed hotels as a condit~onally permitted use at that t~me, ~he
new R3 designation prohibrted hotels. As a result, the hotel became a"legal nonconforming use,"
as defined in Sect~on 9.04 18 030 of the Zoning Ordmance
A legal nonconformmg use is one wluch law-fully existed on the effective date of this
Chapter, but ~~hich is not now permitted in the dFStrict u~ which it is located
As a legal nonconfarmmg use which was legally commenced without a Conditional Use Permit,
the hotel.'restaurant and retail uses on the site must be "discontinued and removed or altered to
conform" to the Zorung Ordinance ~~tlun 24 years of tYie 1990 date v~~hen the sub~ect parcel was
downzaned. pursuant to Section 9 04 18 040 of the Zoz~ng Ordinance By appl~~ing for a Zane
Change and General Plan Amendment, the applicant seeks to pre~ent the requirement of erther
demolfshing the existing structure or convert~ng rt to residentiai use ~y the year ZO1D
Proposed Zone ~hange
The applicant has proposed to change the property's zoning designation from R3-NW to C3.
~vhich «rould have resulted in a suigle parcel w7th a C3 designatian surrounded on all sides by
other zoning des~gnat~ons This was proposed by the applican# because hotels are permrtted "by
ri~ht" within the C3 District However, staff is recommending that the zaning designation be
changed to AVC, not C3, because the sub~ect parcel is located immediately east of a hotel ~n the
RVC District, and because the Residentia~-Visrtor Commercial deszgnation is appropnate for the
hatelfres#aurant use ~hich currently exists at the stte The purpose of the RVC District is to
"protect the existing residential mix in the area ~vhile providing for the concentration and
expansion of coastal-related lodging, dining, recreation. and shopping needs of taurists and others
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in the oceanfront area "
The proposed zone change from R3-~1W to RVC ~~ould result in the classification of the hotel
as a conforming use because the RVG s[andards allows hotels v~~ith a Condrtional Use Permit
The pra~ect v~ould remain nonconformmg as to deti~elopment standards i~ecause the building
exceeds the maxinnum hefght and number of stor~es perm~tted in the RVC Distnct. Pursuant to
Section 9 04.18 420{e} of the Zoning Qrdmance, the bui~ding would be required to conform wrth
exisung de~~elopment standards if it was damaged or destroyed ta an eYtent of mare thati one-half
of rts replacement cost. In bath the RVC arid R3-NW Di~tricts, a new struct~re on the site could
be a ma~mum of three stur~es ~f the existmg bu~ldmg was damaged or desiroyed over 50% of
its replacement cost
The Zanmg Ordmance allows e~sting uses to be converted onlr to new uses v~~hich axe pernutted
or condrtionall}: pernutted within the District where the use is iocated, and anly if the new use
is not more intensive as to parking requirements than the existmg use Under the exist~ng Ri-
NV4' designatton, if the parking reqiurements were not more tntensive than the ex~sting use, the
bulldtng could be con~erted to resrdential uses (Befor~ the year 2~ 1 ~, the ov~~ner would be
requued to make th~s con~ers~on ) Under the propose~ RVC designat~on, if parking requirements
v~~ere not more inter~sive than the existing use; the bu~lding could be converted to a residential
use, a retazl use, or any of the other uses or combination of uses which are permitted ~n the RVC
Dfstr~ct pursuant ta Section 9.04 12 020 of the ZonFng Qrdmance. With a Condit~anal Use Permit
or Performance Standards Permit, the ou~ner would be permltted to operate any of the uses listed
in Section 9.04 48 12 030-040 of the Zonmg Ordinance, assun~ing any required conditions u~ere
satisfied and the change of use ~~ould not resuIt in an intensification of parkmg requirements on
the site
Given the viabilit}- af the exastin~ hotel, staff believes it is unl~kely thai the o~vner of the b~zilding
would convert the existing uses unless requfred to by~ iav~~ or unless the building were damaged
o~~er 50% in a natural disaster ar fire Hawever, for purpases of comparison, the chart on the
next page is provided to illustrate the ma~or differences bet~ueen the R3-NW and RVC
designat~ons
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SELECTED STANDARDS APPLICABLE IN THE R3-iV'W AND RVC DISTRICTS
R3-NVV {Medium Densih~ Reaidential-
Narth of Wilshire)
RVC {Residential Visitor Commercial)
Permitted Uses
?Vlulti-family dwelling uruts, single family
dwellmg umts, residential care facilities,
congregate care facilities, transit~onal
housing, single raom occupancy housing,
homeless shelters, hospices
Condrtionally Permitted Uses
Bed and breakfast facilrties, child dai~ care
centers, nei~hborhood proeer}~ stores,
offices and rneetm~ roorns for charrtable
arganizatians, rest homes, schaols
Development Standards
M~imum Stories 3 Stones
IVlaximum Height 40'
M~imum Dens~~- 1 unit ger 1,25~ sq ft
Mimmum Front Yard Setback 20'
Minimum Side Yard Setback:
5' + (stories x lat width)
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Mmimum Rear Yard Setback 1~'
Permitted lises
Arts and crafts shops, retazl uses. all
resident~al uses (as pro~~ided in the Ri-NW
column}, entertainment and cultural
facihttes, museums, restaurants, schools
Candihonally Permitted Uses
Bed and breakfast facilities, child day care
centers. general affice t~ses abave the
gxound floar, hotels and motels, parking
facilities
Development Standards
Maximum Staries 3 Stories
Ma~mum Hei~ht 45'
Maximum I~ensrty 2 0 F A.R
Mznirnum Front Yard Setback: 5'
Mimmum Sfde Yard Setback•
5' + (stories x lot width}
54'
Minimum Rear Yard Setback• 1 S'
Text Amendment
The RVC zvne change groposed by staff necessitates tw-o text clarifications within ttte Zomng
Ordinance Section 9 04.08 12.Oba, "Maximum Buildmg Height and FAR.," ~vouId need to be
amenaed to specifically establish for RVC parceis on the east side of Secona Street the same
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RVC standards wh~ch app~y to the east s~de of Ocean Avenue between Colorado and Washington
A~~enues. Furthermore, staff recommends a change to the "Pertnitted Uses" sectaon of the RVC
standards w~uch ~~ll clarif~: that legally commenced hotels and motels exishng an the effect~ve
date of the Zon~ng Ordinance {September. 1988) are permitted uses. The "Condrtionally
Permitted Uses" sections of the RVC standards would also require an amendment to sgecify that
nevv hotels and motels r~~ould require a Canditional Use Permrt
General Plan Conformance
When the propert}~ ~vas dow°nzoned to R3-NV4' in 1990, the La~d Use and Circuiation Map af the
General Plan was not amended because the new zoning was more restnctive than the High
Density Housmg designatian on the nnap Because the General PIan's designat~on for High
Densit~.~ Housing specificallq allov~~s hotels, the existing use an the site is not in conflict ~~rth the
General Plan Hower•er, the proposed RVC zoning designat~on would be mare permissi~~e as to
use and deveiopment standards than the existin~ R~-NW designation and therefore requires that
the Land Use and Cuculation Map af the General Plan be amended to reflect the Special
Oceanfrant Disirzct designahon associated with the RVC Distnct
Nei~hborhood
The suhject parcel is located in an area characterized by a mix of uses, xncluding a parking lot
and car rental a~ency to the south m the Ri-NV4 D~stnct, a multifaFnily residential use ta the
narth, a hotel and a multifamily resxdential use to the east across an alley, and the Miramar Hote]
comple~ m the RVG D~strict to the west across 5econd Street. The density a~so varies greatly,
from the s~arface parking lot ta the south. to the 6-stary condominium to the east, to the Miramar
Hotel srte, ~s~ith a 6-stor~~ br;ck hotel buiIding ad~acent ta Second Street and a 10-story buildmg
elsewhere on the site The 18-story Huntley Hotel is the tallest building in the ~~icinity and one
of the tallest buildings in the Crty.
Staff belfeves that the RV C designahon is appropr~ate for this location and more compatible «-~th
the surroundin~ neighhorhood than a C3 zomng designatron because the Huntle~~ Hotel fs
immediately east of a contmuous band of comrnerc~ally-utilized properties zoned RVC
Furthermore, the hotel use is appropriate at thss location given its proxirrut~~ to the neighboring
fVliramar Hotel and its locauon ~inthin «Talking distance of the Third Street Promenade.
Future Zone Chan~e
Given the continuous band aF commercially-utilized parcels an the east side of Second Street
betz~reen Wilsh~re Boulevard and the Huntley Hotei, staff bei~eves rt may~ be prudent ta red~stnet
these parcels from the current Ri-NW des~gnat~on to a C3 (Do~vntou:n Commercial) or RVC
designation ar a combination thereof and requests guidance from the Plaruun~ Comm~ssion on
this issue
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Conclusian
The proposed Zone Change and General Plan Map Amendment w-iIl br~ng the Zorung Ordxnance
into confortmty v4~th the legally-commenced hatel and restaurant use iacatec~ at 1111 Second
Street, thereby preventing the eventual requirement that the hotel and restaurant be closed and
converted to a residential vse. Staff believes that the hotel's location ~s appropriate and that rt
is appropriate to rezone the property so that it may remain a hoteI in the future
RECOMlVIENDATION
It is recommended that the Piannin~ Commission recommend approval to the City Council of
tl~e following Zorung Ordmance Text Amendment to modify the Perm~tted Uses. Conditionally
Pernutted Uses, and Propert~ Development Stan.dards sections of the RVC Dist~-ict, Zane Change
93-001 and General Plan Land Use and Circ~latian Map Amendment 93-001, as outlined be~ow
and the based on the follawmg findings.
1 Zone Change 93-001, amendment of the Otficial D~stnct~ng Map to shaw the
property located at 1111 2nd Street as RVC rather than R;-NW
2 General Plan Amendment 93-001, ~mendment af the Land Use and C~rculation. Map
of the General Plan to show the prapert~• Iocated at 111 i 2nd Street as part of the
Speczal Oceanfront District rather than the Hig~ Densrt}~ Residential Distnct.
3 Text Amendment of the Zomng Ordinance to clarif~ that legally commenced hatels
and motels v4~thin the RVC Distr~ct aze permitted uses re~ardless of whether they
requFred a conditional use pertnit at the time of construchvn, and to include RVC
properties an the east side of Second Street ~~rtlun the standards for properties on the
east side of Oeean Avenue betureen Co~orado and Califorma Avenues.
ZONE CHANGE / TEXT AMENDMENT FINDINGS
The proposed Zane Change is consisten~ in principle ~n~ith the g~als, ob~ectives, policies. Iand
uses a.nd programs specified fn the adopted General PIan, in that the General Plan Land Use
and Circulation Map is being amended to reflect the sub~ect parcel as a Special Oceanfront
des~gnation, ~isitor-serving uses are en~~sioned as permitted ~-~tlvn the Special Oceanfront
areas of the City, and the appl~cant daes not propose anj~ changes ta the exishng ~isitar-
sening uses on the site
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2. The gublic health. safety. and general welfare require the adophon of the proposed Zone
Change and Text Amendment, ;n that ttze proposed Zone Change and Text Amenc~ment
cianfies the Zoning Ord~nance and brings #he zonnag designation ~'or the site into
canformance wzth the existing legal use of the srte
GENERAL PLAN AMENDMENT FINDINGS
The proposed General Plan Amendment is consistent in princip~e with the goals, ob~ectives,
policies; land uses and programs specrfied in the adopted General Plan, in that the General
Plan Land Use and Circulahon Map is being a~nended ta reflect the use which existed on the
site prior to the onginal adoptian of the General Plan in 1984, and ~n that the existing use
is a ~isitor-s~rvmg use w~uch is consistent w~ith General Plan gu~delines for the oceanfront
~tiCl~~
2. The public hea~th, safety, and general welfare require the adoptian of the propased
amendment, in that the proposed General Plan Land Use and Cuculation Map Amendment
brings the land use designatfon rnto confornuty v~~th the land use w~uch legall~~ exists on-srte
Prepared by: Drummond Buckley. Associate Planner
Attachments
A Natice of Puhlic Hear~ng
B Radius and Location Map
C Photo~raphs of Site and Surrounding Properties
D Plot Plan Sho«7n~ Site and Surraunding Uses and Zoning Deszgnatians
DB
f lpian\sharelpclstrptizc93001
4ctober 21, 1993
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A~'AC~IVIENT D
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PLANNT.NG C~MMISSIDN
STAT~MENT OF OFFiCIAL ACTION
PROJECT
CASE NUMBER Zone Change 93-001, General Plan Amendment 93-[?~l
LOCATION I111 Second Street
APPLICANT I~ent Mouton, Esq.
CASE PLANNER: Drummond Suckley, Assoc,a*~ Planner
REQUEST Ztsmng of parcel to be changed from R3-NW to RVC
CEQA STATUS Categancally exempt pursil~~;. ta Class
PLANNING COMM~SSION ACTiON
11/3f93 Date
Approved based on the fo~lawing fin~ings and sub~ect to the condit~ons
below
Den~ed
X Other Recommendataon that C~ty Council take the following actians
1 Zone Change 93-001, amendment of the O~cial Distnctmg Map to
st~ow the property lacated at 111 I 2nd Stree~ as RVC rather than R3-NW
2 General Pian Amendment 93-OU1, amendment of tkte I and Use and
Cuculat~on Niap af the General Plan to shaw the property located at 1111
2nd Sveet as part af the Spec~al Qceanfront Dismct rather than the High
Densct~ Resident~a[ Distrzct
3 'Text Amendment of the Zan~nR 4rdmance to clar~f~~ that legall~~
commenced hotel5 and motels w~ithin the R~r'C District are Qermitted uses
reeart~iess of whethe,* the~~ rec~utred a eond~cional ~se permit at ihe t~rne
af conscrucuan, and ~o -nclude R~'C propert~es an tlte east s~de of Seca~d
S~reet w~ith~n che standards for prope~ties o~ the east side of Ocean Aven~e
between Colorado and Californsa Ayenues
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ZOI~ E CHANGE ' TEXT :~MENllMENT FINDINGS
1 The proposed Zone Change is consistent ui pnriciple with the ~oals, 0~7J~CCIV~S, gol~cies,
tand uses and pra~ams specified in the adopted General Plan, ui that the General Plan Land
Use and Circulatron Map is bema amended to reflect the sub~ect parcel as a Spec~al
Oceanfront deszgnatian. vtsitor-servmg uses are envisioned as permitted with~n the $~aecxal
Oceanfront areas of [he Cit~~, and the applicant does not propose any changes to the exisung
v~siior-5~rvmg uses on the site
2 T'he public health, safety, and general welfare require the adopt~on af the proposed Zone
Change and Text Amendment, m rhat the proposed Zone Change and Text Amendment
cl~es the Zoning Ordmance and bnngs the zon~n~ designation €or the site into
conformance with the existing legal use of the site.
GENERAL PLAN AMENDMENT FINDINGS
1 The proposed General Plan Amendment is con~istent in pruiciple wrth the goals, objectives,
pol~cies, land uses and programs specifed in the adopted Generai Ptan, in that the General
Plan Land Use and Cu~culation Map is being amended to reflect the use which existed on
the sue pnor to the ongmal adaptian of the General Plan in 1984, and m that the existmg
use ~s a visztor-servang use wYuch is consistent with General Plan guidelines for the
acean#'r~nt vicuuty
2 The publ~c health, safety, and general welfare require the adaptton of the proposed
amendment, jn that the proposed Generai Pian iand Use and Circulaiion Map Amendment
br~ngs the land use designatian Znto conformitv with tlie ~and use wiuch legally exists on-
site
V ~TE
Ayes Mechur. Pariee, Pyne. Werem~uk. Z~nner
I~avS BieiSCh
Abstain
A~sent O'Connor
'~OTICE
If t~i~ i~ a final decis~an not sub~e~t to it~rther appea! ~nder the C~n~ of Santa Monica
Comprehens~ti~e Land ~.~5e and Zontn~ Ord~nance the ume with~n wh~ch ~udicial reviev~• of th~s
dec~siqn mu5t b~ 50U~~I is go~erne~ b~ Code of C~vj] Procedure Secnon 109~ b, which
prc~~~~sion ha~ heen adopted b}~ tize Cit~~ purs~an~ to Mun~cjpal Code ~ect~on 1400
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I hereb~- certif~- that this Statement of Off~cial Artion accuratel~~ reffects the final
determination of the Planning Commissian of the City of Santa Monica.
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signature
Ralph Mechur, Cl~au~persan
Please Pr~nt Name ~~?~ T;tle
1 ~ r i~ c-~. ~
date
I hereby agree to the above conc~itians of appraval an~d acknowle~~e that failure to compl~~
with such conditiflns shall coastitute groe~nds for potential revocatioa of the permit
appraval.
Applicant's S2gnature
Pnnt tiame and Title
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Commisstoner Pyne made a mation to uphold the appeal with a direction to staff
~ to prepare and return with findings and canditaons to include the following: a
candition that the property owner w~ii secure the remameder of the req~ired
parking off-site to a rnaximum of 25 parking spaces; that the five tandem spaces
are approved but shall be designated as employee only spaces; and that the findings
and conditians will return on Decernber lst as a Consent Calendar item.
Comm~ssioner Parlee seconded the motion.
Th~ motion to uphold the appeal was agpmved by the fo~low~ng vate:
AYES. Breisch, Mechur, Parlee, Pyne, Weremiuk, Zinner,
ABSENT O'Connor
F. 2one Chan~e 43-~01, General Plan Amendment 93-001, 111 ~ 2nd Street, R3-NW,
Applicant: Kent Mouton, Esq. , Application for a Zone Clzange ta amend the
Official Districting Map desi~a~ion for a 15,OOQ square foot parcei fron~ its
current R3-NW (Meditim Densiiy Multiple Fam~iy Resic~ential) desi;~nation tv a C3
{Downtown Commercial~ designat~on. As a result of the propased Zan~ Chan~e,
the General Plan Land Use and Circ~lat~on Man would be required to be aznended
from High Density Residential to General Comm~rcial. The sub~ect pmperty
contains a hi~h-nse hotel (the Hunt~ev Hotel~ and restaurant {Tanner's). No
physical change or change of use to the existing condit~ans on the praperty is
proposed as a part of this application. (Plann~r: D. Buckley)
• Commissioner Breisch exgressed concem about other hotels in the general area af
the North of Wilshire O~+erlay Zone and which are not contiguous with the RVC
Distnct. He also expressed concern about certain W~Ishtre Boulevard properties.
Ms. Fnck proposed returning wrth a Resolution of Intention to discuss hotel z~ning
in residential areas
The applicant, Kent Mouton, was present to discuss the pro~ect.
Caminissianer Breisch asked the applicant why a Text Amendment would nnt
suffice for ttus request, u~stead of the Zone Change request. Mr. Mouton stated
that wauld work
Mr. Mo~ton expressed concern about w~at restrictions wo~d apg~y if the build~ng
was damaged and needed to be rebuilt, if thE zoning did not change.
Comrnfss~oner Parlee commen~ed that the only difference between the two zones
appears to he for height and FAR, wh1c1~ does not affect dens~ty. Ms Frick stated
that the permitted uses are different also.
~ O~e member of the pablic, Lou Moench, 10I S Montana Aven~e, Santa Mar~iea
90403, was present to speak
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Mr Mouton spake in rebuttal to the public comment
~ The Commission discussed the process far a Zone Change.
Chau Mechur closed the public hearing.
Cammissioner Pyne made a moti~n to approve the Zone C1~ange per staff's
recommendations #l, #2, and #3; with appraval of the Zone Change amend~ent
to the RVC; that the General Plan Amendment is apgroved; that the map will show
the property zoned as RVC, that the Text Amendment wi11 show that existing hotel
uses are permitted uses and new hatels wi~l require a CUP; and that the east side
af Ocean Avenue between Colorado and Califoriua Avenues w11i be zaned RVC.
Commissioner Parlee seconded the motion.
Commissioner Breisch expressed concern regarding the rezoning af any part of a
residential area to other uses. He s~ted that it does not seem necessary to rezone
and that the site would not be rebuilt as a thtee-story hoteL He a~sa cornmented
on tt~e non-existent relatians between the hotel and the neighborhood. He also
stated that he did not want to obstruct the hvtePs planc, but he felt it was not
COI]S15t~IIt pO11Cy
Commissioner Zinner e~cpressed suppart for Cnrr~missioner Breisch's view.
~ Chau Mechur cam~ented on the uniqueness of the He~ntley'S S1Lll~~l011.
Cornmiss~oner Weremiuk expressed agreement with Chair Mechur, and comm~nted
on the ~ocat~an of the hotel in relatian to the Miramar Hotel and her preference that
a hotel be rebuilt on that site, if needed.
Commissivner Zinner stated he wou~d vote with the ma~ority.
The motion was approved by the following vote:
AYES: Mechwr, Parlee, Pyne, Weremiuk, Z~nn~r; NOES Breisch;
ABSENT: O'Cannor.
Cha~r Mechur as~ced that a discussion be agendized for hotels in s~milar situations
to the Huntley Hote~. Ms Friek asked that staff be airected tn return with a
Resolutaon of Intention to discuss the issue of hotels as non-conforming uses in the
North of Wilshire/R-3 District. Chair Mechur stated he would prefer ~ess far~ai
discussion of r.~,is issue.
The Com~ussion discussed Text Amendments and rezoning existing parcels to
RVC.
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Commissioner Zinner made a motion to direct staff to introduce a Resal~t~on of
~~ Intention to discuss the tssue of Text Amendments for hotels in the North of
Wilshire/R-3 District
Commissioner Pyne seconded the mot~on, which was appro~ed by voice vote.
Chair Mechur expressed his concerns regarding this proposal. Ms. Frick stated
that the motion merely sets the process to discuss the subject with neighbors and
property owners regarding the zoning of certam properties.
Co~unissioner Pyne expressed disagreement with Chair Mechur and stated the need
to review hotel uses in residential areas. Ms. Fnck stated that the process can be
st~trCed w~th or without the Pla~ning Camm~s5loIl's uutiation.
9. PUBLIC HEARINGS:
A. Conditiana! Use Permit 93-OZa, FO1 Broadway, RVC, Applicant: ~O~III M~ani,
Application for a Conditionai Use Permit to allaw the sates of beer, wine and
liquor at an existin~ lU4-seat restaurant which is currendy bein~ remodelled in the
RVC fResic~ential Visitor Commercial) District. The applicatian aiso requu~es a
Tyge 47 (On Saie-General} License from the State of California Den~rl~u~nt of
Alcoholic $evera~e Contral. (Planner: D. Buckley)
Continued to December 1, 1993.
~ B. Appeal of VAR 93-010, 103$ Palisades Beach Road, R2B (Law Density Multiple
Residential Beach) Dismct, Applicant/Appellant Mr. and Mrs. Rovice Diener,
Appeal of Zonin~ Administratar appm~a~ of a Variance to permit the addition to
an existing sin~le family residence of a two-car ~arage with a 4' in-Iieu of the
minimum 7.4' side yard setback and a 13'6" in-lieu of the minimum 2U' front yard
setback required by code tn the R2B {Low Densiry Mult~ple Resident~al Beach)
I3istrict. The approved Variance differed fram t~e applicant's onginal request to
permit a side _yard setback of 1' instead of the 4' setback which was ~ranted by the
modification of setback requirements is permitted if certain findings are made.
(Planner: D Buckley)
The applicantlappellant's representative, Sammy E~ Bayar of RTK Associates, was
present to discuss t~e prolect.
Cammissioner Parlee asked Mr. El Bayaz if he knew the histary of the praperry.
Mr. EI Bayar stated that the house was once owned by Cary Grant and Norma
Shearer and that it was built for Nornza Talmadge.
Chair Mechur closed the public hearing.
i
~~ 00025
~~
AT~'ACI~E~~' F
~- ~003~
~~ C
MEMORANDUM
PRQGRAM AND POLICY DEVELOPMENT DIVISION
LAND USE AND TRANSPORTATION MA1I~TAGEMENT DEPARTMFNT
CITY OF SANTA M011TICA
DATE: February 23, 1994
TO: The Planning Commission
FROM. Program and Policy Development Division Staff
SUBJECT: Publzc Hearing on Recommendation to the City Cauncil to Adop~ an Amendment
to the Noncanforming Buildings and Uses Sect~on of the Zoning Ordinance to
Permit the Continuation of Existing Hatels Located in the NW-R3 Zone District
and to Permit the Cont~n~at~on of Cornmercial Uses on the East Sicfe of Second
Street Between Wilshire Bouievard and California Avenue
IIV'TR~DUCTION
On January 5, 1994, the Planrung Corr~mission adopted a Resolution of Intent~on to recommend
an amen~ment to the Zon~ng Ordinance that would permit exist~ng hotels in the NW-R3 district
and exishng comrr~erc~al uses located vn the east side of Secand Street between Wilshire
Boulevard and Califarnia Avene~e to remaun indefin~tely. The public heanng on thss matter,
ortginally scheduled for January 19, was contir~ued to Febr~ary 23 due to the earthquake. Th~s
report prov~des background on this ~ssue and recommends that the Planning Commission conduct
a puhl~c hear~ng and recommend to the Csty Counc~l adoption af the proposed text amendmenr
1
~ ~JD03~
BACKGRUUND
On October 27, 1993, the Planning Commission approved a staff recammendat~on to rezone the
parcel cantaining the Huntley Hotel on Second Streei from R3-NW ta RVC. At the same time,
staff discu5sed the possib~lity af examimng the future zoning of the commercial ~-ses on tt~e south
si~e of the Huntley Hotel. These uses include a surface parlang iot, a car rental agency, and a
two-story bnck office building wh~ch is listed on the City's histonc resources inventary. The
iocation of these c~ses is shown in Fjgure I.
Because the area on the east side of Second Street was zoned resident~al as part of the North af
Wilshire downzanrng, and Section 9.()4. I8.{340 {Termi~ahon of noncflnforming bv~dFng and uses}
of the Zonsng Ordir~anee requires that ail nor~confarm~ng uses in residential distncts be remo~ed
or altered to conform to the requirements of the residenaal distr~ct with~n 20 years of the
adop~ion of the Zoning Ordinance (i.e., by 2008), the commercia] uses oR this block must
e~entual~y change, unless the Zoning Ordina~ce is amende~.
Staff examined a nurnber of alternat~ves for rezoning t~is block, mcluding rezonutg to C3 ar
RVC. After reviewing the options, staff concluded that the best option ~s to amend Section
9.04 1$.040, Terminat~on of Nonconforming Buildings and Uses, of the Zoning Ordinance rather
than rezone the block or amend the permitted uses in the zonir~g c~istrict.
Mauntaining residenual zan~ng for this block is consistent with the City's polic~es to mainta~n
2
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exist~ng housing and prvvide opportun~ties for new res~dential de~elopment. Furthermore, if the
City were to rezone the entire block to cornmercial use, th~s would allow intensi~ication of nori-
resident~al uses, particularly on the parcels currently de~oted ta surfaee parlang. AIthough
further intensificataon of non-res~denna~ uses would be campatible wrth commercial us~s in the
adjacent C3C Distrtct, staff believes that ~ntensificat~on of such uses could have negative parlang
and traffic impacts upon the ad~acent residentjal neighborhood
In addition to the cammercral uses on Second Street, there are a number of existing non-
conforming hotels in the NW-R3 District Among these are the Cai Mar Hotei lacated on the
sauthwest corner of Third Street and California Avenue, the Oceana hatel located on the
northeast corner of Ocean Avenue and Idaho Avenue, and, the Sovere~gn Hatel, located on the
northeast corner of Seconci Street an~i Tdaho Avenue The So~ereign operates pnmar~iy as
apartments with some umts operat~ng as hotel rooms. Figure 1 shows the boundaries of the
NW-R3 District and the locat~an of these hotels,
It was not the intent~on af Staff nr the ne~ghborhoai as part of the North of Wilshire rezomng
to prohibit the continnation of ex~sting hotels or other commercial uses in the NW-R3 azea The
proposed text amendment will permit the exishr~g comrrsercial uses ~dentified to remain but will
limit any expansion. In addition, should the propert~es redevelop, the use and structure would
ha~e to be consist~nt wrth the res~dential zonmg reyuirements.
At their January 6, 1994 meet~ng, the Board of D~rectars af the Wilsh~re-MoRtana Neighborhood
3
Caalition approved a mot~on ta support th~ text amer~dment propased by staff.
REGQMMENDATION
It is recommended that the Plannir~g Commissian conduct a pubLc heanng and recommend to the
City Council adopt~on of the Text Amendment set forth in F~chibit A based on the findings below.
FINDINGS
1. The proposed text amendment is consistent in pr~nciple with the goals, ab~ect~ves, pol~cies,
land uses and programs specified in the adopted General Plan, specxfically Ob~e~t~~es 1 1 and
1.2 af the Land Use Element These obje~t~ves call for protecting the quaIity of tife in all
resident~ai neighhorhoods, ensuring fair treatment of property owners and residents in the city,
and ensuring compat~bility of ad~acent land uses, with part~cular concern for pratect~ng residential
neighborhoods.
2. The public hea~th, safety, and general welfare requires adoption of the proposed amendmer~t,
in that it would serve to protect the econom~c ~iab~lity of existing commercial uses while
maintaaning the integrsty of the exist~ng resident~al neighborhoods and prevenung ~he deleterious
traffic and parlang effects af xncreased non-res~dentiai development on the ad3acent residentaal
neighborhood.
4
~ oaa34
Prepared by: Suzanne Frick, Dtrector of LUTM
Tad Read, Associace Planner
Exh~bit A Text Amer~dment concerning existing hotels in the NW-R3 Distr~ct and existmg
commercial uses lacated on the east s~de of Second Street between Wilsture
Boulevard and Californ~a A~enue
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AT~A~HMEN~' G
9 44.1$.040
Terminatian af nonco~forming buildings and uses
Nonconfarming commercial or industrial buildings ~d uses in :";. D:, ~~, ti~D' D2' ~,, ~
~~a D"`" residential d~stricts shali be disconhnued and removed or aitered to c~nform to the
•~~lll 1~ ~ V
provisions af this Chapter within tt~e foilowing t~me Iimits from the effect~ve date of this Chapter:
(a) A nanconforming use which does not occupy a structure, ather that those ~ses
listed below: 1 year.
(b) Ail bui~dings on the property used as a part af a business conducted on the
property: 20 years.
(c) Vehicle storage lots and vehicle sales lots: 5 years.
(d) Parlang lots on residentially zoneci parcels sha11 be permitted to remain prov~ded:
(1) The commercial parcei supported by tt~e res~dent~al parking lot is not redevelaped
for another use.
(2) The lot remains as a surface le~el parking lot.
(3} The use or uses existing on the commercial parcel supported by the residential
parlnng lot do nat change For purposes of this requirement, a change of use shall be defined
as any ^ew use which requ~res more ~ntense parking standards than exists on the effect~ve date
Qf this Chapter.
(4) The square footage of the exxsung commerc~al building on the commercial parcel
is not added to or enlarged beyond 50~ af the floor area existing on the effective date af th~s
Chapter.
(5) The required parking for any new addi~on or exparts~an t~nder 50~ is nvt located
on the resident~ally zoned parking lot. A parlang lot on a resident~aliy zoned parcel shall revert
ta residential use when one or more of the abvve conditions are not met.
(e} Existing hoteLs Iocated in the ~TW-R3 District shall be permitted to remai~ bat
shall be subject ta the provisivns of Section 9.a4.18.U20 and 9.04.18.03a.
(~ Existing commercial uses and buiidings located iu the NW-R3 District on the
east side of Second Street between ~'ViLshire Boulevard and California Avenue shall be
pe~-mitted to remain but shall be subject to the pro~isians of Section 9.04.18.020 aad
9.04.18.030.
{e}(g) Existing eommercial or industr~al uses in res~der~tial districts with ~alid conditional
use permits that da not canta~n t~me l~mits: 5 years.
The Planning Cammission may extend the 5 year period, but in na case mare than 1D
years, provide~ the appltcant demonstrates that excepcional circumstances prevented the
termination of the use. A pubiic hearing s~all be conducted in accordance with the prov~szons
for condttianal use perrrtits in Part 9.04.20.22.
{#~(h} Notwithstanding any other provisian of this Section, if a condit~onal use permit for
an extsung ca~nmercial or industr~al use in a resident~al dtstrict has a specific t~tne period that
s~ch condit~onal ~se termir~ates, the cond2tional ~se perm2t shall term~nate pursuant to the p~rmit
and not t~is Sect~on. {Pr~or cvde § 9080 4)
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