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SR-400-004 (35) e .- -J City of Santa l'tlonicae City Council Report City Council Meeting: March 13, 2007 Agenda Item: -::r - c- To: Mayor and City Council From: Eileen Fogarty, Planning & Community Development Subject: Introduction and First Reading of a Proposed Ordinance to amend Santa Monica Municipal Code Section 9.04.08.16.020 (I) to allow the conversion of 7,492 square feet of ground floor parking area into office space in the C2 Neighborhood Commercial District. Recommended Action Staff recommends that the City Council introduce for first reading an ordinance modifying Santa Monica Municipal Code (SMMC) Section 9.04.08.16.020 to allow the conversion of 7,492 square feet of ground floor parking area into office space in the C2 Neighborhood Commercial District. Executive Summary On January 17, 2007 the Planning Commission unanimously recommended to the City Council approval of the proposed ordinance amendment, which was filed by the National Academy of Recording Arts and Sciences (NARAS) located at 3402 Pico Boulevard. NARAS proposes to convert ground floor parking area into office space; the ordinance would amend the C2 Neighborhood Commercial zoning district standards to permit the conversion. Specifically Santa Monica Municipal Code (SMMC) Section 9.04.08.16.020 (I) prohibits general office space in the C2 district on the ground floor within the first 150 feet from Pico Boulevard, Ocean Park Boulevard and Montana 1 Avenue in order to reserve the ground floor space for uses that promote walk-in clientele. The ordinance would allow general offices on the ground floor in the C2 district in situations where the existing building design, location, and site configuration preclude traditional pedestrian-oriented uses. Given these circumstances, the City Council should consider whether such existing conditions including topography, lot shape, surroundings and the existing building design are sufficient to warrant the proposed amendment. Discussion The proposed ordinance would allow for general offices on the ground floor of existing buildings located in the C2 district that have unique circumstances that preclude the ground floor space from being utilized for pedestrian-oriented uses that service the nearby residential neighborhoods. The ordinance amendment would apply only to those parcels with existing buildings that have ground floors that were designed and intended for uses other than pedestrian-oriented uses. Specifically, the ordinance provisions are as follows: . The building's front faqade and entrance is not oriented toward Montana A venue, Ocean Park Boulevard and Pico Boulevard; . The building has a finished ground floor which is more than 3 feet below the level of the adjacent sidewalk along Montana A venue, Ocean Park Boulevard, and Pica Boulevard; and . The building is setback a minimum of twenty (20) feet from the sidewalk along Montana A venue, Ocean Park Boulevard, and Pico Boulevard; and . When the building was initially developed, the ground floor was designed and intended for non-pedestrian-oriented uses. 2 The NARAS property is developed with a general office building constructed in 1969. The existing building is oriented with its front entrance towards 34th Street while the side of the building runs parallel to Pico Boulevard. Originally the building was designed with at grade parking and two floors of office space above. However, over time the parking area has been legally converted into additional office space. Now, the last remaining square footage devoted to parking is proposed to be converted to office space. This conversion, however, is not possible without the proposed ordinance because the C2 Zoning District does not allow ground floor office space to be located within the first 150 feet of the property from Pico Boulevard. Previous conversions were located beyond 150 feet from Pico Boulevard. Staff has analyzed the proposed ordinance language and supports modifying the C2 Zoning provisions to allow the conversion. The intent of the C2 Zoning district is to promote pedestrian orientation by ensuring that retail and service businesses occupy the ground floor. In situations where the topography, shape, design, orientation and intent of existing buildings is such that pedestrian-oriented uses cannot be accommodated on the ground floor, the allowance of office uses on the ground floor will not impair the district character and would promote the continued use of these existing buildings (Planning Commission staff report F:\CitvPlanninq\Share\PC\STRPT\06\06T A005(N.A.R.A.S. )\06T A005 PC Reportdoc). General Plan Consistency The proposed ordinance is consistent with land Use Objective 1.1 of the City's General Plan which requires, in part, a balance of land uses consistent with: "Insuring the fair treatment of property owners." The proposed ordinance allows for ground floor office 3 uses in the C2 zoning district when the site and building characteristics of existing buildings cannot adequately accommodate pedestrian oriented uses pursuant to the district standards. In addition, Land Use Element Policy 3.3.12 requires that projects minimize street front parking in order to enhance the pedestrian scale and character of streets. The conversion of the existing below grade parking at the street front to office uses is consistent with this policy. The proposed ordinance is also consistent with Land Use Element Policies 1.7.1 and 1.7.3. . Policy 1.7.1 calls for ground floor uses to be utilized for neighborhood commercial uses on the majority of a block and allows other commercial and residential uses at the rear of parcels and above the ground floor. This policy is intended to require neighborhood uses in situations where pedestrian access is available. As such, the use would contribute to the areas' walkability while providing needed goods and services. The proposed ordinance is applicable to only those existing buildings where such ground floor space is not easily accessible by pedestrians. . Policy 1.7.3 which calls for the preservation of the concentration of neighborhood commercial uses on Pico Boulevard from 31st Street to Centinela Avenue. Specifically, the concentration of neighborhood serving uses along Pico Boulevard are located from 31st Street to 34th Street and the proposed conversion of office space at 3402 Pico Boulevard will not disturb the concentration of the core uses of this neighborhood commercial node. 4 Staff notes that Policy 1.7.11 requires that the ground floor street frontage of properties in the neighborhood commercial district be utilized for pedestrian- oriented uses. However, as noted earlier, the unique topographic site conditions, location, design characteristics and intended use of the existing buildings included in the ordinance preclude the use of the ground floor for pedestrian- oriented uses. The ordinance addresses existing buildings that have been constructed in such a manner that the ground floor is more than 3 feet below the sidewalk level or where the building is setback more than 20 feet from the sidewalk. In either case, a building with these characteristics is not inconsistent with Policy 1.7.11 in that the ground floor street frontage in the existing building is not designed in a manner that reinforces the pedestrian environment. Therefore, the proposed ordinance will not alter the goals, objectives, land uses, and programs in the adopted General Plan. Commission Action On January 17, 2007 the Planning Commission, acting in a quasi-judicial role, voted unanimously to recommend approval to the City Council of the proposed ordinance. In its review of the project, the Commission found that the proposed amendment language is consistent with the General Plan and is required to continue the useful life of an existing office building that has site characteristics including location, configuration and topography which could not adequately accommodate ground floor pedestrian oriented uses. The Commission's action is reflected in the Planning Commission Statement of Official Action F:\CitvPlanninQ\Share\PC\STOAS\2006\06T A005-06V AR020 .doc). 5 Alternatives In addition to the recommended action, the City Council could consider the following with respect to the project: 1. Adopt the proposed ordinance with modified text language and findings. 2. Direct staff to return with a revised ordinance with modified text language based on Council's direction; or 3. Disapprove the proposed ordinance. Environmental Analvsis The project is exempt from the California Environmental Quality Act (CEQA) pursuant to Class 1, Section 15301(a) and Class 5, Section 15305 of the State CEQA Guidelines, in that the proposed ordinance to allow ground floor general office uses on parcels within 150 feet of Pico Boulevard does not result in an increase in floor area as it involves only alterations of existing space and is, therefore, a minor alteration to an existing facility and will not result in a change in land use or density. Public Outreach The public notice for this project was published in the Santa Monica Daily Press and mailed to all property owners and occupants within 500 feet of the subject property. 6 \ BudQetlFinanciallmpact The recommendation presented in this report does not have a budget or financial impact. Prepared by: Bradley J. Misner, AICP, Senior Planner Forwarded to Council: Attachments: A - Proposed Ordinance B - Site Aerial Photograph 7 ATTACHMENT A PROPOSED ORDINANCE 8 f:\atty\muni\laws\barry\06T A005(NARAS) City Council Meeting 3-13-07 Santa Monica, California ORDINANCE NUMBER (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO AMEND SANTA MONICA MUNICIPAL CODE SECTION 9.04.08.16.020 TO PERMIT GENERAL OFFICE ON THE GROUND FLOOR WITHIN 150 FEET OF MONTANA AVENUE, OCEAN PARK BOULEVARD, AND PICO BOULEVARD IN THE C2 ZONING DISTRICT SUBJECT TO SPECIFIED CRITERIA WHEREAS, Santa Monica Municipal Code Section 9.04.08.16.020 specifies those uses which are permitted by right in the C2 Neighborhood Commercial Zoning District; and WHEREAS, general office uses on the ground floor within 150 feet of Montana Avenue, Ocean Park Boulevard, and Pico Boulevard are not presently permitted in this district; and WHEREAS, the proposed text amendment would modify this provision; and WHEREAS, on September 21, 2006, the National Academy of Recording Arts and Science filed an application for a text amendment substantially similar to the proposed text amendment; WHEREAS, general office uses could appropriately be located on the ground floor within this 150 foot distance under limited, specific criteria; and 1 WHEREAS allowing general office uses on the ground floor within this 150 distance under these criteria is desired and will not negatively impact the surrounding neighborhood; and WHEREAS, on January 17, 2007, the Planning Commission held a public hearing on the proposed zoning text amendment which would amend Section 9.04.08.16.020 to permit general office uses on the ground floor within 150 feet of Montana Avenue, Ocean Park Boulevard, and Montana Avenue in the C2 Neighborhood Commercial District, subject to limited, specified criteria; and WHEREAS, the Planning Commission unanimously forwarded a recommendation that the City Council adopt the proposed zoning ordinance amendment; and WHEREAS, the City Council held a public hearing on the proposed Zoning Ordinance Text Amendment on March 13, 2007; and WHEREAS, the City Council finds and declares that the proposed amendment is consistent in principle with the goals, objectives, policies, land uses, and programs specified in the adopted General Plan, specifically Land Use Element Objective 1.1 which provides that the quality of life for all residents should be improved by providing a balance of land uses consistent with "insuring the fair treatment of property owners;" since the proposed text amendment allows for ground floor office uses within 150 feet of Pico Boulevard, Ocean Park Boulevard, and Montana Avenue only when the site and building characteristics of existing buildings cannot adequately accommodate pedestrian oriented uses pursuant to the district standards and Land Use Policy 1.7.3 which calls for the preservation of the concentration of neighborhood commercial uses 2 along Pico Boulevard from 31st Street to Centinela Avenue and the current concentration of neighborhood serving uses along Pico Boulevard are located from 31 st Street to 34th Street and the proposed ordinance will not disturb this concentration; and WHEREAS, the City Council finds and declares that the public health, safety, and general welfare requires the adoption of the proposed ordinance in that by permitting general office uses on the ground floor within 150 feet of Montana Avenue, Ocean Park Boulevard, and Pico Boulevard in the C2 Neighborhood Commercial District under the specified circumstances will ensure a balance of land uses and will not adversely impact surrounding uses, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code Section 9.04.08.16.020 is hereby amended to read as follows: 9.04.08.16.020 Permitted uses. The following convenience goods and service type uses shall be permitted in the C2 District, if conducted within an enclosed building, except where otherwise permitted: (a) Appliance stores. (b) Appliance repair shops. (c) Art galleries. 3 (d) Artist studios above the first floor. (e) Branch offices of banks or savings and loan institutions. (f) Barber or beauty shops. (g) Child day care centers. (h) Cinema buildings in existence since May 23, 2000. (i) Cleaners. G) Congregate housing. (k) Domestic violence shelters. (I) General offices above the first floor; and on the ground floor for parcels located at least one hundred fifty feet from Montana Avenue, Ocean Park Boulevard, or Pico Boulevard, except general office uses shall also be allowed on the Qround floor within 150 feet of Montana Avenue, Ocean Park Boulevard, and Pico Boulevard in buildinQs in existence since January 17, 2007 which have all of the following characteristics: 4 f.1L.The buildinQ's front facade and entrance is not oriented toward Montana Avenue, Ocean Park Boulevard, and Pico Boulevard. (2) The buildinQ has a finished Qround floor which is more than three feet below the level of the adjacent sidewalk alonQ Montana Avenue, Ocean Park Boulevard, or Pico Boulevard; and (3) The building is setback a minimum of twenty (20) feet from the sidewalk alonQ Montana Avenue, Ocean Park Boulevard and Pico Boulevard: and (4) When the buildinQ was initially developed, the Qround floor was desiQned and intended for non-pedestrian uses. (m) General retail and specialized retail uses. (n) Homeless shelters with less than fifty-five beds. (0) Laundromats. (p) Libraries. (q) Multifamily dwelling units. (r) Offices and meeting rooms for charitable, youth, and welfare organizations. 5 (s) Photocopy shops. (t) Places of worship. (u) Plant nurseries (provided all supplies, except planted stock, are kept entirely within an enclosed building). (v) Restaurants of fifty seats or less and at which no alcohol is served or consumed. (w) Schools. (x) Senior group housing. (y) Senior housing. (z) Shoe repair stores. (aa) Sidewalk cafes not more than two hundred square feet in area, subject to the limitations contained in Section 9.04.10.02.460. (bb) Single-family dwelling units. (cc) Single-room occupancy housing. (dd) Specialty offices. (ee) Tailors. (ff) Theaters with fewer than seventy-five seats. 6 (gg) Transitional housing. (hh) Accessory uses which are determined by the Zoning Administrator to be necessary and customarily associated with, and appropriate, incidental, and subordinate to, the principal permitted uses and which are consistent with and no more disturbing or disruptive than permitted uses. (ii) Other uses determined by the Zoning Administrator to be similar to those listed above which are consistent with and no more disturbing or disruptive than permitted uses. SECTION 2. Any provision 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, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. 7 SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: r- J 8 ATTACHMENT B SITE AERIAL PHOTOGRAPH Electronic version of attachment is not available for review. 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