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
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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.
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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
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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.
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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).
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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.
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\
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
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ATTACHMENT A
PROPOSED ORDINANCE
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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
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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
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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.
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(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:
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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.
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(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.
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(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.
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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:
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ATTACHMENT B
SITE AERIAL PHOTOGRAPH
Electronic version of attachment is not available for review. Document is available for
review at the City Clerk's office and the Libraries.
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