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SR-0 (61)LUTH:PS:DKWsb~ Senta Monic~, Ca~i~ornia K/interp5 Counc~~ Mtg: November 17, 2992 TO: liayor and City Council FRDK: City Staff SUSJECT: Appeal o€ Planninq Commission Interpretation of Section s044.3(e) Reqardinq Parkinq Requirements for Changes of Use Appe~lant: ~tayor xen Genser Thi~ repart sets farth an interpretation of ~on3ng Ord~.nance Sectian 9044.3(e) r~qardirig parkinq requ~re~ents for cha.nges of use. Essentially, the interpretatian relates to the ~ol~~~.ng question: in s~.te~ations ~rhere an exi~ting building r~hich does nut have ~dequate parlting und~r the present 2oninq ~rd~nance unde~gQes a ohange af use, when must the pragerty o~ne~r increase the amount of pa-rkinq ta ~eet the standards o€ the present 8on~ng 4rdinance for the entire pragerty? 2`~e interp~etation has broad app~icatian to a v~riety of situations, b~t was ~peci~ically generated ~n re~.ation to an Admin~strative Approval and occupancy Permit for 152o Broadway. Th~ interpretation af~ects n~eraus changes i~ ~.and use, and _ ~ .. ;~ adoption of a contrary interpretation would have aignif~cant effects on niueerous land uses, ~nclud3.ng residentiai u$es. The Zoninq 1ldministratvr and the Gity Attorney's affice da not concur in how section 9044.3(e) o~ the ordinunce should be ~nterpreted; act~on ar~ thia interpretat~on is ~.etended to provide reso3.ution of the matter. The 1-ttorney's Olfice providad the~r own in~erpretatian of the section to the Plann~ng Cam~issi.on whfch is attached to this report. The Pl.anning Co~mission concurred with Plannf.ng ~taff'e interpretata.on af the seotion by a four to t~o vate with one Ca~issioner absent; the Cammission's ~ction has been appealed to the Counail. In makinq the agpeal, the appe~lant indicated that he belf.eved that *The fnterpretation of the Zoninq adminfstra~or ie cont~ary to the app~.icab~e prr~v~.sions of the Kun~.c~.pa~ Cade.* ~! detai~ed explanation of this contention was not provided on the appeal for~. xo~aever, at the P~anning Comm~Lssion heerf~g on th~ ~atter, the appe],~ant indic~ted that he supported the reasoninq of the C~ty Attorney as set ~orth im m~ august 1~. is9Z ~ae~orandu~ (see attached). These issues are addressed below. _~,. ~3~ 3~ Section 9044.3(e) ~s part of the introductory provisfons of that seation of the ~oninq ordinance ~hiah set~ forth parking requ3r~ments. The section establishes when tha park~ng requirements of the ordinance apply to buildings if the build~nq~ were deve~.op~Q under different parking gtandards end ~hen there is a chanqe of use. The section atates as fo3.loWS: (e) For any new use of an ex~.etinq buildinq or ~tructure such that the new use wixl require parking spaces, parkinq spaces in the number specified in Section 9044.4 sI~a11 he pravided for the entire parcel. 1- copy o~ the Section is included as Exhibit A. Zon~nc~ ~d~ntinistration staff believes that there fa ~ord~.nq missing frvm this ~ect~on. Specifica~ly, staff bel~eves the section was intended to read "...such that th~ ne~ use wtl~ require aore parkinr~ spaces, parkinq spaces ~n the nu~ber speci~ied fn Sectfvn 9Q44.4 shs~l be provi,ded for th~ entire parcel." [wardxnq in bold added}, and that the seation ig nat log~cal unless it is interpreted that such a policy was intended, ~'his interpretatian has lanq standinq in the P~ar~ninq and ~on~ng Divis~on. In Decemxaer 198~, ehortly after the Zani.ng ordinance became e~fective, the Principal Planner for current planning issuefl a~rritten statement to the c~xrrent planning staff o~ hrn+ this secti.on shou~d be interprsted (see Exhib~t 8). This ~.nterpretation has been e~p~oyad sinc~ that time in nw~eraus ~ 3 _ , ;; ~ ; ~ ~ ~ situatiana. ~lthouqh this interpretat~on does not have the game legal statu~ ae one €fles~ wfth the P~.ann3ng Ca~missfvn, ~.t has been c~nsistently app~ied by the Planning staff in numerous s~tuatians, and is aiso consistent with prior practice under the grev~ous 8oning Ordinance, and with com~aon practice in cther ~urisdiations. Staff believes that the cansistent practice in ~nterprating thi~ sect~vn shou~d be g~.ven weiqht by the Council.. The 1988 interpretation ~as ba~sed on the premise that the sectfon wa$ intended to apply to cases where the chanqe in use reeulted in a higi~er parking require~aent (such aB a chanqe in use ~rom refi.dil to restaurent) . e~ copy cf the memorar~dum contain~nq the inter~aretation was provided ta the City ~-ttorney's O~fice in i988 foz their infarmat~on, ~t which time no reaponse was given, Zoninq ~dministr~tion staff believes thnt the sectivn is not co~plete unless it a~p~ies in situatians when there ~s a change of use wh~ch results in a higher parking requirement. if read w~thout th~s ir~teht, the sect~on language is redundant. ~l11 uses requfre parking spacea under the Zoning ordinance~ thue tihe phrase '~.,,such that the new use ~ill. req~ire parkinq ~paces...M is unnecess~r~r if the intent was to r~quire a parking upgrade for any change of use where existing parking is inadequate. This ~anguage would nat be redundant i~ the intent is understood as recommended in thi~ interpretation. The appel~ant has argued that since the Zonit~g Ordinance does not req~ire parking in th~ Downtawn Parki.ng Aggessment District, there are uses s~hich do not - ~ - .. -. -t r ~ .. require p~rking, and therefore staff'~ reasonin~ is invalid. ~'h~s arque~ent ~s flawed for two reasons: first, there is no parking exempt~on for the Downtown Assessment District in the ~oning Ozdinance (the provi~~ons of the District are expressed in a separate ordinance), ~nd second, parking fs required in the !-~e~sment District---but the Parkinq ~uthority, rather than the property vwner, ie~ required to provide adequ$te park~nq. The ~act that parking spaces are requi.red for any given use would not sesm to be ar~tical in determ~ning when an entire parcel ~hould be b~ought up to present-day parkinq standards. 5uch a requ~rement wouid be substant~al in thet case af the numerous {probably hundreds) af propertfes which do nat provide as many parking spaces as would be required for new develagment under the present Z~ning Ordinance . If one su3te in a hu~.3.df r~g wf th i.nadequate parking chang~d tenante ta a different use, parking for the entire site would have to be upqraded, regard~ess #.f the parking inten~ity a~ measured by the Zoning ~rdinance is not ahahqing. Zoning ~,dministr~tion staff be~ieves that the intent of the section was that parking requirements shou~d change when the intensity of the use ( as measured by parkf,ng standards for the oid use ver~us the new usej tncreases, and that the ob~ective of the requirement was to discourage changes of use which exacerbated parking prob~ems (su~h as conversion af a retail spsce to a restaurant3. ~t the time the sect~on was written, - 5 - r,.~ ~~ th~~ was of part~cui~r concern on Montana ~venue and Main stre~t. T'he pena}.ty for such a change af use (which 1.ntensifies parking deaiand) is that p~rking for the entire site must be upgraded to current standa~rds, which ~n tha case of numerous older properties, wou~d effectively preclude such a chnnqe o~ use since Iand for added park~ng spa.ces wau~d not be available. Sup}~artinq the interpretati€~n that the sectton is intended to apply ta situationa where the change of use result~ in a higher parking requir~ment is the wordinq o~ Se~tion 9044.2., wh~ch is the "~pp~icabi~ity" section of the 4ff-Street Park~ng rsquiremer~ts, precedinq Sectian 904~.3(e). This section states: Every use or change of use resultinq in a hiqher parking requfrement...ahs1l prav~de permanently nainta~ned off--street parking ares~ pursuant ta the ~aravisions of thfs Sulxh~pter. [E~phasis added~ This sect~.on, which inmediately precedes the s~ction in quest~an, cl~arly establiahe~ the principle that chanqe~ of ues which result in a higher park~ng requirement ~ust ~eet current ga-rking requi.rement~, and not that sr~y change of use results in such a requirement. Add~ng further weight to the in~e~rgretation ia the non-canfarsing use Section 9~80.4(d)(3), relat4ng to when coa~ercial parking lots on residentia~ land ~ay remain. This sectian states in part as fol~ows: ...Far purpa~es Af this requirement, a change og use sha~l be define~ as any new use which requires more intertse - 6 - ~~; ~~ parking ~tandgrds than exists on the effective date o~ thia Chapter. This ~ection sgain ~ets forth the cancept of requ~res~ents ~pplyinq whsn the chanqe of use involves more intense parking standards, as recom=aended 3.n this memorandum. Ci.ty attorney staf! have correct~y stated that this s~ction is independent af section 9044.3(e), but Planning staff believes that the conGept vf this section is directly pertinent to the ~nterpretation befo~e the Council. Staff reviewed varioua drafts of the Zaning Ordinance as bmckc~r4und to this int~rpretation. In the Second Draft of the ordinance, the section read as follows: For any new business that ~.ntensifies the use of ~n ~xisting building or structure, parkinq spaces in the m»~r specified in ~ection 9044.4 ahall be provided ~or the entire parcel. It is unclear what the ward "intensif~e~" fn this verBion means, In trie ~hird Draft of the ordinance issued ~n January ~987, the Applicabi~.ity section ward~ng ~s identica~ to that ultimately adapted. Hawevex, the wording of subsection (e) ie a~ foi}.ows: For any ner~ busines~ that inteneiff.es the use of an exi~tfng building or ~tructure such that the ne~r uee wil~ requ~.re addit~onal parking under thi~ sectfon. park~r'g spaces fn the nu~ber specff~~d ~~ Sect.~on 9044.4 sha3l be ~rovfded for the entire parcel. Without the language ~rhich was ~ined out, the wording of th~ sectian ie fncamplete, and clearly the section d~d not make sense and needed revisfon. , y ~ `~~ ~1 ~ ~ In the Fourth pr~ft of the ord~nance, the section read: For any new use ~~ an existinq buildinq or structure ~uch that the new use will require parking spacas in the nu~~r specified zn Section so44.4 shall be provided for trie entire parcel.. This section also is incomplete ar~d does not a~ake sense as written. By the time the Fifth Draft of the ~oning Ordinance was develop~d, the wordinq of the sectia~ had evolved to the adopted languaqe, Zoninq ~idmini$tration staff believes that in the process of refining the ~.anguage of the sectian, the f~real wording did not adequately expr~es~ tha City Counc~.l's int~nt, which was tc~ appiy t,he require~asnt w~en the new use had hig~er parkinq requirements. ~rt alternate interpretatian would he that the Counci2 de~fberately adopted tl~ie languaqe in quest~.on, and that the 1egf~lative history illustrates the~r intent. However, Zaning hdministrat~an $taff be3iewe~ that this section needs to be re~d in con~ur~ction ~aith the other sectiona of code ci~ted ~n thi.e m~m~oraredu~ {the "~ppYicab~~ity* ~ection, and the *Non--canfor~inq" aeation), as well as ~~th an understanding of th~ p3ann~nq principles which motivate the sect~an, and when this kiad of broad vie~ of the section is taken, the most ].aqical interpretatian is that the se~tion applies when t,he change of us~ invalves a nsw ~se wfth higher parking requ~re~ents. -B- ~, ~., ;~ : a contrary intergretation of th~.s section to that offered Dy the Zoninq Administr~tfon staff would have signifia~nt i~giicatfons, As applied currently, change~ of use ~nvalving permitted uses Which have identa.cal parking requirements as compared to the former use do not tr3.gger the requirement that th~ entire parce~ be brouqht up to current parking requfrenenta. This seens appropriate~ slnce ti~e perkinq iritensity o~ activity an the parcel would not chanqe, as ~easured by cade require~ents. For example, under Zoainq Administration staff'~ interpretation, a change of use in ons suite of a building fra~ office (requirement of i space/30o sr~, ft. of floor area) to xetai~. (aisv ~./3Q0 requirement~ wouid not triqg~r upgradinq of parking ~or the entire parcel. L~.kewise, e ch~nge o#' use froa~ indu~trial to art ga~lery space would not trigqer the requiresent, since both u~es have tiYe same 1/300 prxrking $tandard. Under the ~oni.ng Adm3.niatrator interpretation, a chanqe of use to a business with a hiqher parkfng standard (far exa~ple ~rom retail at 3.f300 to restaurant a~t 3/75) wauld trigger the ugqrade. The City I~ttorney wa~3.d ~-pply the park~ng upgrade requiresent to ~y change of use at a s~.te ~here there is inadequate garking. This would penalize changes af use which aotual].y reduce parking de~and, for example, s change of use fran batr t~se (at 1/50) to restaurant use {at ~/75), requ~rinq upgrade o€ park~nq an the entire parcel when parkinq demand i.s decreas3ng, and in ef~ect discouraging such a de~-intensification of use. Thie seems ~- 3 - '^~ ~~ contrary to qeneral pkanning principles and the objectives of the Zoninq ord~nance. If adopted as an #nterpretatfon, this would like~y force the ~aintenance of nigher-intensity uses, the redevelop~ent of the praperty and the removal of o~der buildinqs, or the need to apply far a parking variance. The interpretation of th~~ section Iikely affects hundreds of properties in Santa Monica, $ince mo~t existing buildings were not dev$ioped under current parking ~tand~rds, and in the nan-resident~al zaneg, a~ultipl~cfty of uses are ~ermitted. Tlie range of si.tuations af~ected wou~d depend upan the a~eaning given to "change of use." If the "chanqe of use" term fs na langer interpreted on the baffiis of parkir~q intensity, an interpretation would be needed as to what types of chanqes ~ere "chanqes of use." For example, changes of use could include such broad categories as "co~erc~al~~, "residential", and '~industriai*, or there could be finer-grained distir-ctions such ats "retai~#, "affice", "restauErant", ~sing~e-Pamily residential", "~u~ti-famiiy resi.dentinl", etc. Ig a broad i.nterpretati4n of "chanqe of use'~ were adopted, the secti~vn would fail to apply to a chanqe of u~e f.nvolving a change from retai~ to restaurant, since both are "co~meraial" uses. In that particu~ar ex~ap~.~, this would faci].itate the chanqe to a more parkfng--intense use, ~h~ch ~oning ~dmin~stration staff bel~.eves is contrary ta the section's ir~tent. If a~iner~-grained approach to de~ininq "chanq~ ot use" is emp~oyed, and if one lOflO --io- ., ~ ~, .~ ~- 4 sq. ~t. suite in a 5~,000 sq, Pt. buildinq not meeting current parking standards changed ~rom an office to a store, parking for the entire parce~ would have ta be upgraded ta current at~ndards, even though the change of use wou~d not chanqe parkinq demand, as establ~shed by the Zon~ng ordinance. ~his would se~m to be contrary to the general princ~ple of ~qr~ndparenting" since the parkfng demand a€ the net~ use is the same as the for~er use, resu~tinq in no change in the parkinq needs at the site. Related to the issue is hnw Subchapter 9, "Nonconforming Bui~dinqs and U~es" of the Zoning Ordinance interacts with this interpretation. Sectian 908E1.3 af the Ordinance defines "legal, nonconformi.nq" uses, and subsection (b} o€ that sectian indicatea that; If a Zegal, noncanforming use ceases operation for a continuous pexi.od of six months or sore, that use shali lose its legal, nonconforming status, and the premises on whic~ the con€arming use took place sha3.1 from then on be usec! for cvnforminq uses anl~... The appe3.lant and City ~,ttorney staff have in~icated that they 3~~i.eve this section requires a parkinq upgrade if a u~e w~.thin a buflding ~ith ~nadequate parking spaces is ceased for six ~onths or 3aore. Pl~nning staff does not concur, and #~elieves that this aection governs ~, and not the physical elements of buiidfng~3, such as parking, floor area, or setbacks. There are separate sect~ons, in some cases with timelines far co~~~iance with current stans~ards. gavernir~g nancQnfor~inq build~ng~. Thi$ sect~on has never been interpreted by P~.anning staff to require _ ~~ _ f~i~ +~ r ~ bufldinqs wh~ch have besn empty for six months or more to ~eet current physica~ development standards (i.e., $ resident~al building with sideyards ane ~oot short of current require~enta having to be de~olisherl or remodeled to ~eet current standards where such building has been unoccupied for six ~onths vr ~or~). Follo~inq through with the agpellant~s and City ~ttorney's ~nterpret~tion would resuit in potentially devasteting Gonseq~ences to aI~ types o~ iand u~es in the C3ty, 3ncZuding housinq. For example, a single famiiy home with Iess than two parkinq spaces ~hich was unoccupied ~or six ~onths or ~rore could nvt be reoccupied without current cade parking laeinq gronided, or an apart~ent in a re~idential bufiding with inadequate parking which was empty for sfx months or mere couid not lae occupied un}.esa code garking was pravided for the bni~.ding. Sf~ilariy, ~f a reta~l space ~n a bui~d~ng laaking fu3.l code parking ~ras e~apty for six month~ or more, the space could not be leased to any business unless code parkfnq were provided. Particularlp ~n a difffcu].t econa~y, ~.t is not unusua2 for residentia3 or ~ther types af properties to be unoccupied far six aonths or more Mhile an agpropriate buyer ar tenant is sought. The reaults of ~o].iow~.ng the City attorney's ~nd appe~iant's interpretation an thia issue wauld i~ke~y reduce the availabi~ity of hausing as wel~. as p~aces r~here business aou~d be cr~nducted, in aaatt~an ta having ~ic~rtifica~t advers~ impaets on progerty owner~, and potential~y the City itself throuqh reduction~ in revenues from - ~2 - ;~,~ ~ f ~ utility taxes, business ~~cense ~ees, seles taxes, and other sources. Pianning ~taff beiieves that these outcomes would be undes~rable, are not consistent with the overall ~ntent of th~ ~aning Ord~nance, and that the interpretation ~hich wauld ~end to these can~equences ia incons~.stent with ths specific proviBior~s of the ordinance, ~n discussion of this issue at the Pxanning Commissfan, the appellant indfcated t~iat so~eone in this situation could apply far a variance ~rom hav~ng to prov~de fuil code parking in the~e types of situations. Hawever, the variance proce~g typically takes two to three months to camplete (assuming no agpeal, which ~oould add two to three ~dditianal mvnths to the process), and can entaik not insignificant expense {for the fi~.inq fee, preparation af notffication lists, and in some cases leqal and architectural services), F111811yr emp~oying the interpretatian adopted by the Planning Commisston wou~d elimi.nate the need for any suoh variance. Council Authoritv Under Section 9~4~.3 of the ~oninq Ordinance, the Zoning ~idninf.strator m~y ti}.e a r~rritten ~nterpretation wi.th the Planning Cvmmiseion. The interpretation becomes effective 14 days from the date the item appearffi on the Cvm~issfon's agenda unle~s changed by the Commissian by its own actian or on appea2. Any person may, withi~ the 14 day pe~iod, appeal the fnterpretation - ].3 - . •:1 ~ ,; to the Commission. I~ such appeal is fil~d, it is requfred to be hesrd w~thin 60 dayQ. ~rxy action o~ the Com~is~ion on interpretations may be appealed to the C~ty Counc~~. In thi~ case, an appea~ ha~ been f~~ed and a f~na~ deter~fnation on the inte~pretatian ~oday be made by the City Council. Bud~etfFinsncial Imoact T~e reco~a-mend~tion 4f thia repart wou~d not have budqet or financiai i~upacts. A Contrary conclusion could have an unknown financial impact on the Ci,ty by making unuseable, except at considerabie ~xpense, buiidings which do not a~et current parking standards. it is respectfu2ly recommended that the City Cattnci~. reje~t the ~ppeal, and adopt the Planning Ca~mission's interpretation that Sectian 9044. 3( e) appZiea when the chanqe of use in~-oi~eB a new use with ~ higher park~.nq requirament than the former use. Prepared by: Pau~ V, Berlant, LUT~t ~irector D. ICenyon webster, aating 8on~ng ~dainistrator Exhibit A: Municipal Code Section 9044.3(e) Exhibit B: December 29, 1998 Principal Planner Nemorandus Exhihit C: Municipa~ Code Seetion 9080.4(dJ{3) Exhibit D: Auqust 12, 1932 City Attart~ey apinian Exhi.bit E: August 2b, k992 Appeal E~chibit F: August 19, 1992 Letter ~rvm ~3onaid Ne].gon Exhibit G: Auqust 17, 2992 I.etter trom Christapher Hs~rdinq ~xhfbit H: P3anning Cammission Minutes, auc~st 19, 1992 - i4 - ~ :~ ~ c A T~'A CI-~ME~" 1~ J~ « t CA:MHS:pkgord2/hpadv City Council Meeting 12-35-92 OR~INANCE NUMBER Santa Monica, California (City Councii Series) AN ORDINANCE OF THE CYTY COUNC~L ~F THE CITY OF SANTA MONICA ESTABLISHING PARKING REQUIREMENTS F~R CHANGES OF USE FROIri RESIDENTIAL TO CDI~iERCIAL OR INDUSTRIAL USES ON AN INTERIM BASIS AND DECLARING THE PRESENCE 4F AN EMERGENCY THE CITY C~UNCIL OF THE CITY OF SANTA M4NICA DQES ~RDAIN AS FOLLAWS : Sectian 1. Findinqs and Purpose. The City Council finds and declares: (a) Numerous existing CpmmE'.x'Ckd1 and industrial uses in the City do not prov~.de parking in the amount required by the City's current zoning standards {hereinafter "code par~ing") because such uses predate the current zaning ordinance and constitute legal non-conforming uses, which results in a laok of parking for commercial and industrial uses. (b} The City has initiated the process to amend Part 9,04.1a.08 of the Zoninq Ordinance concerning off-street parking requirements (hereinafter "Parking Amendments") to provide, amanq other things, that pro~ects which invalve changes af use from residenti.al tn commercia~ or industrial uses provide code parking for the entire parcel. The Planninq Cammission of the City of - 1 - ~' ~ ~ ~ _~ ~ . `~ ~ ~~~~ . ! (f) The potential for the appraval of projects which involve a chanqe of use fr~m resident~a~ uses to cammerciaZ or industrial use without requiring code parking for the entire parcel poses a current and immediate threat to the public health, safety, and welfare of the residents, and the approval of permits far such de~elopment would result in a threat to public heaZth, safety, and welfare by exacerbating the existinq parking and residential housing scarcity in the City. SECTION 2. Interim Zoning. The Pianning Commission and City staff are directed to disapprove all requests for the issuance o€ kauil.ding perma.ts and tentative maps, tentative parcel maps, administrative approvals, deve~opment review permits, conditional use permits, or any other City permits for prajects whzch involve a change of use from residential use to commercial or industrial use unless parking spaces in the amount specified in Section 9.04,10.08.04a of the Zoninq Ordinance are provided for the entire parcel. SECTIDN 3. Applioability. This ordinance shall not apply to any project the application far which was deenEed complete before December 15, 1992. - SECTTON 4. This Ordinance shall. be of no further farce and effect 45 days from its adoption, unless prior to that date, after a public hearing, noticed pursuant to Santa Monica Municipal Code Section 9.04.20.22.050, the City Cauncil, hy r ~ ~ r - 3 - • • cause the same to be published once in the off~cial newspaper within 15 days after its adoption. This Ordinance shall became effective upon adagtion. APPROVED AS TO F~RM: Jd EPH LA NCE A ing City Attorney - 5 - ~~, Js