SR-400-002 (8)
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PCjzc34cc
council Mtg: August 7, 1990
Santa Monica, calf~grni7a 1990
TO: Mayor and city council
FROM: city staff
SUBJECT: Recommendation to Introduce for First Reading an
Ordinance Adopting Zone Change 34 to Amend the Zoning
Districting Maps by Reclassifying a Parcel Located at
1548 Ninth street from R3A to M1.
INTRODUCTION
The proposed zone change would reclassify a 7,500 square foot
parcel from R3A, multi-family residential with a surface parking
overlay, to M1, industrial conservation. The site is adjacent to
a Southern California Edison substation which potentially makes
the site unsuitable for residential uses.
This project was originally brought before the City Council on
April 24, 1990. At that time concerns were raised regarding the
potential types of uses that could be performed on the newly
rezoned Ml parcel and how they would affect the adjacent
residents. The project was continued with staff being directed
to review possible solutions to restrict future uses on the
property and to allow for public comment on any new use proposed
for the property.
The ci ty Attorney has determined that the zone change can be
conditioned to require a Conditional Use Permit for any use
proposed for the site.
This would require the applicant to
submit detailed plans for the site to the Planning Commission.
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B-B
AUG OJ 199D
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Any Planning Commission decision would be appealable to the City
Council. The proposed ordinance also lists a series of
prohibited uses, including auto repair and painting,
manufacturing uses, outdoor storage of fleet vehicles, parking
lots, and retail sales. These prohibitions are intended to
provide protection to the nearby residences, and are consistent
with the applicant's intention to develop a warehousing use. The
applicant objects to these restrictions as being overly
inclusive, and feels that certain of the uses should be listed as
conditionally permitted.
This report recommends that following a public hearing, the city
council introduce for first reading the attached Ordinance
amending the Zoning District Maps as requested under Zone Change
34. The Zone Change would require that any use of the property
obtain an Conditional Use Permit. The Zone Change from R3A to Ml
is proposed by Stanley and Richard Robbins, and has been
recommended for approval by the Planning Commission.
BACKGROUND
On March 21, 1990, the Planning commission conducted a public
hearing on the subject zone change, and recommended approval by a
vote of 4-1.
ANALYSIS
Under Subchapter 10H of the Santa Monica Municipal Code (SMMC)
section 9l20.2(b), "an amendment of the Official Districting Map
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of the City shall only be initiated in one of the following
manners:
1. A resolution of intention by the Planning commission.
2. A resolution of intention of the City Council directing
the Planning Commission to initiate the amendment.
3. An application initiated by a citizen petition signed by
no less than 50 persons who are property owners or tenants
within the City of Santa Monica, pursuant to Subchapter
10J, Sections 9130.1 through 9130.6.11
The subject application for zone change was filed by Mr. Stanley
Robbins and Mr. Richard Robbins, and included a citizen petition
which was signed by 73 residents and property owners within the
City of Santa Monica (Attachment A) .
In reviewing the application for zone change the following find-
ings must be made in the affirmative manner:
1. The proposed amendment is consistent in principal with the
goals, objectives, policies, land uses and programs
specified in the adopted General Plan.
2. The public health, safety and general welfare require the
adoption of the proposed amendment.
Under the urban design objectives set forth in the Land Use Ele-
ment, a sensitive transition between commercial and residential
uses must be ensured through the use of appropriate height, bulk
and screening guidelines.
The subject property directly abuts a Southern California Edison
electrical substation.
The substation is located in the in-
dustrial conservation district, and the subject site is located
in the R3, mUlti-family residential district.
Under current
zoning standards, a 3 story, 6 unit residential development could
be constructed on the property in question. In that the subject
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site directly abuts the substation, there is little possibility
of providing a sensitive transition between the substation and
the residential use that could be developed on the subject site.
The substation would overshadow any residential development on
the parcel in question subjecting future residents to an unsight-
ly structure.
By rezoning the subject site to an HI zoning designation a 2
story/3D' industrial building with a maximum floor area ratio of
1.0 could be constructed. Uses such as artist studios, art gal-
leries, and industrial uses and small businesses which are en-
gaged in the manUfacturing, fabricating, testing, servicing, or
assembly of manufactured products would be permitted by right on
a Ml zoned parcel. Any automobile repair or automobile painting
facility would require a CUP in that the parcel, if rezoned,
would be directly abutting a residential district. A side yard
setback of 7' would be required adjacent to the residential dis-
trict if a 2 story building were developed on the parcel proposed
for rezoning.
The applicant has indicated that a warehouse facility would be
constructed on the property. Such a development would not re-
quire approval by the Planning Commission, but would require Ad-
ministrative Approval and Architectural Review Board Approval.
In staff's view, the development of a 2 story/3D' building, along
with the provision of a required 7' side yard setback, would pro-
vide the reasonable transition spoken of in the urban design
guidelines set forth in the land use element.
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While the loss of residential property to rezoning, and the
resultant loss of residential housing, has always been a primary
concern of the Planning Commission and the city, development of
the subject parcel with a mUlti-family residential project may
not be the most suitable use for the subject property. In that
the site has never been developed with residential housing, there
is no loss of housing stock, only the loss of an unrealized hous-
ing potential of six units which could be built on the lot.
In the public hearing conducted by the Planning Commission, an
issue was brought up by a member of the public regarding the
minimum lot size requirement for parcels within the Hl zoning
district. Under SMMC Section 9030.6(c), a 15,000 square foot
minimum lot size is required with a minimum width of 100 feet and
a minimum depth of 150 feet. Parcels existing on the effective
date of the adoption of zoning ordinance were not subject to this
requirement. It was argued that since the rezoning would result
in a newly created Hl parcel, it would be subject to the minimum
lot size requirement. However, it is not a new parcel since the
subject parcel was in existence on the date the zoning ordinance
was adopted, and therefore the minimum lot size requirements
would not apply.
Finally, there is the issue of noise impacts on any residential
development on the subject site. The transformers emit a con-
stant hum, that according to a noise scale contained in the Noise
Element, has a level of 50 dBA. This faIls between light traffic
and normal conversation. While the noise level of the trans-
formers is not considered extreme, the fact that it is constant,
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could be perceived as an annoyance, and might create problems for
adjacent residential tenants.
Program Number 2 of the Noise Element states as its goal, "Pre-
vent future noise problems through an integrated planning pro-
cess". Specifically, Program Number 2 proposes, as a medium
range program for achieving a quieter environment in Santa Moni-
ca, the rezoning of properties to create land uses compatible
with the noise environment. The proposed rezoning of the subject
site would therefore provide the necessary transition to achieve
a quieter environment for existing and/or future residential
development in the area.
In view of the potential adverse effects on nearby residences of
an industrial use developed on the property, the attached or-
dinance would require a Conditional Use Permit for any new use
developed on the site. In addition, the ordinance would prohibit
a number of uses otherwise permitted or conditionally permitted
in the Ml zone. These include auto repair and painting, manufac-
turing uses, auto storage or parking, and retail sales. While
consenting to the requirement for a CUP for any new use and
agreeing in concept with certain uses being prohibited, the ap-
plicant's representative has indicated that they feel the pro-
posed list of prohibited uses is overly inclusive, and that cer-
tain of these uses should be treated as conditionally permitted.
A letter from the applicant's representative regarding this issue
is attached. However, the ordinance provisions are not in con-
flict with the warehouse use planned by the applicant, and would
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provide an added level of protection for the residential neigh-
borhood near the site.
CEQA STATUS
The subject proposal is exempt from CEQA under the General Rule
exemption. since any new use will require the granting of a CUP,
which is in turn subject to CEQA, the proposed zone change in and
of itself will not cause any environmental effects.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any
budget or fiscal impact.
RECOMMENDATION
In that it is appropriate to provide a reasonable transition
between heavy industrial uses and residential development, and
the public health, safety, and general welfare would best be
served, approval of the Zone Change 34 is recommended. It is
recommended that the City council introduce for first reading the
attached Ordinance adopting Zone Change 34 to reclassify a parcel
of property at 1548 Ninth Street from R3A to MI. The ordinance
requires that any new use on the property obtain a conditional
Use Permit and prohibits certain uses otherwise permitted or con-
ditionally permitted in the Ml zone.
FINDINGS
1. The proposed amendment of the Official Districting Map is
consistent in principle with the goals, objectives, policies,
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land uses, and programs specified in the adopted General Plan
in that rezoning the parcel in question from R3A to Ml would
allow a reasonable transition from industrial to mUlti-family
residential uses.
2 . The publ ic health, safety I and general wel fare require the
adoption of the proposed amendment in that development of
mUlti-family residential development adjacent to an electri-
cal substation could subject future residents to deleterious
environmental effects and disturbing noises.
Prepared by: Larry Miner, Associate Planner
Paul Berlant, Director of Planning
Planning Division
Community and Economic Development Department
Attachments: Parcel Map
Proposed Ordinance
1m
PC/zc34cc
08/02/90
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