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SR-400-005 PCD:SF:JT:AS:JL:BR\f:\plan\share\Council\strpt\montanainterimord.extend021202.doc Council Mtg: February 12, 2002 Santa Monica, California TO: Mayor and City Council FROM: City Staff SUBJECT: Interim Ordinance Extending the Modifications to Development Standards, Uses Subject to a Performance Standards Permit, Uses Subject to a Use Permit, Prohibited Uses and the Development Review Threshold within the C2 Neighborhood Commercial District along Montana Avenue and Modifying the Permitted Uses on Montana Avenue to Include Existing Cinemas and the Maximum Floor Area Ratio for Existing Cinemas; and Declaring the Presence of an Emergency. INTRODUCTION The report recommends that the City Council adopt an interim ordinance extending for 24 months the modifications to development standards, uses subject to a Performance Standards Permit, uses subject to a Use Permit, prohibited uses and the development review threshold within the C2 Neighborhood Commercial District along Montana Avenue and modifying the permitted uses on Montana Avenue to include existing cinemas and establishing a maximum floor area ratio for existing cinemas. The current interim ordinance will expire on June 27, 2002, unless extended prior to that date. BACKGROUND On May 23, 2000, the City Council adopted Ordinance 1975 (CCS) establishing interim standards for the C2 District on Montana Avenue. This provided the City with forty-five days to review and recommend revisions to the Zoning Ordinance pertaining to development standards and uses to protect the public health, safety and welfare from 1 impacts associated with increased building sizes, increased development and business activities, and subsequent increases in vehicular and pedestrian traffic. The City Council subsequently adopted Ordinance 1978 (CCS) on June 27, 2000, which modified and extended Ordinance No. 1975 (CCS) for twenty-four months (i.e. until June 27, 2002), to provide staff with additional time to implement a permanent ordinance. Ordinance 1978 (CCS) requires staff to disapprove all applications for administrative approval and development review permits filed after May 23, 2000 for any development or thth business within the C2 District on Montana Avenue between 6 Court and 17 Street, unless the project or business complies with standards contained in the ordinance. It also allows existing cinemas as a permitted use and grants them minor increases in floor area. The ordinance furthers two objectives of the Land Use and Circulation Element: Objective No. 1.2, which requires that the City’s policies ensure compatibility of adjacent land uses with particular concern for protecting residential neighborhoods; and, Objective No. 1.7, which requires that neighborhood commercial districts protect and expand uses that provide for the day-to-day shopping and service needs of nearby residents. The need for the proposed ordinance remains the same as when the ordinance was originally adopted and subsequently extended. Copies of the May 23, 2000 and June 27, 2000 staff reports discussing Ordinance No’s. 1975 and 1978 (CCS) are attached hereto (Attachment C). Its extension is necessary to permit a comprehensive planning process that averts the negative impacts associated with increased building sizes, increased development and business activities, and subsequent increases in vehicular and 2 pedestrian traffic. It is also necessary to provide sufficient time to evaluate the effectiveness of the interim standards and allow public participation in their development prior to Planning Commission and City Council hearings to adopt a permanent ordinance. DISCUSSION No changes, other than to the proposed term, are proposed to Ordinance No. 1978 (CCS). Therefore, it will continue to address incidental food service establishments, floor area ratios (FAR), discretionary review thresholds, and existing cinemas and minor additions thereto. Incidental food service establishments are a neighborhood serving use that enhances Montana Avenue’s pedestrian character, but their concentration raises parking and traffic congestion concerns associated with slower patron turnover and parking availability. Incidental food service establishments would continue to be prohibited on an interim basis until, through a public planning process, the appropriate number of such businesses and development standards are determined. Given the low-scale character of the Montana Avenue streetscape, and the concern that recent development projects may not be consistent with the purpose and intent of a neighborhood commercial district, the interim ordinance will continue to provide for a 20% to 25% reduction in maximum permitted development. This will result in buildings that are more consistent with the typical FAR. However, there would be no reduction for mixed-use 3 projects where at least 30-percent of the development is of residential use. Because of the potential for larger-scale development to have an adverse impact on the surrounding area, development review thresholds will continue for projects of at least 5,000 square feet. This reduction will also facilitate greater public participation in the permitting process and is appropriate during a period when development standards are under revision in order to protect the area’s current scale of development. Finally, the ordinance allows for existing cinemas to continue operation and even provides for floor area increases of less than 300-square feet and expansion of their legal non- conforming status. This amendment was incorporated into the ordinance in response to community and Council support for the preservation of the Aero Theater. CONCLUSION The recommended term of the extension is 24 months, or until June 27, 2004. This length of extension is necessary to complete the process required for implementing a permanent ordinance, which will involve input from various neighborhood organizations. Further, given the City Planning Division’s current workload and the high priorities of other projects, including revisions to both multi-family and single-family development standards citywide, the City’s Noise Ordinance and the City’s Antenna Ordinance, a 24-month time period is recommended. CEQA 4 The proposed emergency interim ordinance is exempt from CEQA pursuant to CEQA Guidelines Sections 15061(b)(3) and 15301(e)(1). Section 15061(b)(3) provides that CEQA only applies to those projects that have the potential for causing a significant effect on the environment. The proposed development standards and permitted uses do not have this potential. Instead, these standards are environmentally beneficial. The proposed emergency interim ordinance results in additional limitations to the permitted uses on Montana Avenue and reduces the amount of development permitted in the area. Further, the reduced discretionary review threshold will require that smaller development projects are subject to Planning Commission review. As a result, these projects will be evaluated individually for CEQA compliance. The proposed modification to facilitate continued use of the Aero Theater for cinema purposes is categorically exempt from CEQA pursuant to Section 15301(e)(1) of the CEQA Guidelines in that it permits the minor expansion of an existing facility that is either 50% of the floor area of the structure before the addition, or 2,500 square feet, whichever is less. PUBLIC NOTICE A legal advertisement was published in the “California” section of the Los Angeles Times at least ten consecutive calendar days prior to the hearing. A copy of the notice is contained in Attachment B. BUDGET/FISCAL IMPACT 5 The recommendation presented in this report has no budget or financial impact. RECOMMENDATION Staff recommends that the Council adopt the attached emergency interim ordinance extending the emergency interim ordinance for 24 months. Prepared by: Suzanne Frick, Director Jay Trevino, AICP, Planning Manager Amanda Schachter, Principal Planner Jonathan Lait, AICP, Acting Senior Planner Bill Rodrigues, AICP, Associate Planner Planning and Community Development Department Attachment: A: Proposed Interim Ordinance B. Public Notice C. May 23, 2000 City Council Staff Reports D. June 27, 2000 City Council Staff Reports 6 Attachment B NOTICE OF A PUBLIC HEARING BEFORE THE SANTA MONICA CITY COUNCIL SUBJECT: Ordinance for Introduction and First Reading to amend Santa Monica Municipal Code Section 9.04.10.02.090 regarding Hazardous Visual Obstructions at driveway intersections with public rights-of-way, and to amend Section 9.04.10.02.080 regarding fence heights to ensure consistency with the Hazardous Visual Obstruction requirements. APPLICANT: City of Santa Monica WHEN: Tuesday, February 12, 2002 at 6:45pm WHERE: City Hall Council Chambers 1685 Main Street Santa Monica, California PROJECT DESCRIPTION The City Council will conduct a public hearing to consider Amendment of Santa Monica Municipal Code (SMMC) Section 9.04.10.02.090 regarding Hazardous Visual Obstructions at driveway intersections with public rights-of-way, and amendment of Section 9.04.10.02.080 regarding fence heights within a Hazardous Visual Obstruction area to ensure consistency with the Hazardous Visual Obstruction requirements. The proposed Zoning Ordinance amendment affects all Districts in the City. 7 HOW TO COMMENT You may comment at the City Council public hearing, or by writing a letter. Written information received before 3:00pm on the Wednesday before the hearing will be given to the City Council in their packet. Information received after that time will be given to the City Council prior to the meeting. Address your letters to: City Clerk Re: TA 00-003 1685 Main Street, Room 102 Santa Monica, CA 90401 MORE INFORMATION If you want additional information about this project, please contact Associate Planner Bruce Leach, at (310) 458-8341 or via e-mail at bruce-leach@santa-monica.org. Information is also available on the City’s web site at www.santa-monica.org. The meeting facility is wheelchair accessible. For disability-related accommodations please contact (310) 458-8341 or (310) 458-8696 TTY at least 72 hours in advance. All written materials are available in alternate format upon request. Santa Monica Bus Lines 1, 2, 3 and 7 serve City Hall. Pursuant to California Government Code Section 65009(b), if this matter is subsequently challenged in Court, the challenge may be limited to only those issues raised at the Public Hearing described in this notice, or in written correspondence delivered to the City of Santa Monica at, or prior to, the Public Hearing. ESPAÑOL Esto es una noticia de una audiencia pública para revisar applicaciónes proponiendo desarrollo en Santa Monica. Si desea más información, favor de llamar a Carmen Gutierrez al número (310) 458-8341. APPROVED AS TO FORM: _________________________ Jay M. Trevino, AICP Planning Manager F:\PLAN\SHARE\COUNCIL\NOTICES\00TA003HazView.doc 8 Attachment C PCD:SF:JT:AS:PF\f:\plan\share\council\strpt\monintord.wpd Council Mtg: May 23, 2000 Santa Monica, California TO: Mayor and City Council FROM: City Staff SUBJECT: Recommendation to Adopt an Emergency Interim Ordinance to Modify Part 9.04.08.16 of Article IX of the Santa Monica Municipal Code Related to Allowable Uses and Development Standards in the C2 Neighborhood Commercial District on Montana Avenue. INTRODUCTION This report recommends that the City Council introduce for first reading an emergency interim ordinance to modify the allowable uses and development standards for the C2 Neighborhood Commercial district located along Montana Avenue. Staff recommends adoption of an emergency interim ordinance to allow for a comprehensive planning process to revise the development standards for the Montana Avenue commercial district. BACKGROUND On December 7, 1999, the City Council considered written communication and testimony from community organizations and concerned residents regarding increased business and development activity in the Montana Avenue neighborhood commercial district. Problems included inadequate parking for retail businesses with incidental food service; sidewalk intrusion from news racks, telephones and business activities including sidewalk dining; the lack of landscaping at building frontages; and development incompatible with the scale of the existing neighborhood commercial district and adjacent residential neighborhood. 9 The City Council directed staff to return with an interim ordinance to address the following issues: (1) Incidental food service establishments; (2) Floor Area Ratio (FAR); (3) Discretionary review thresholds; (4) Setbacks and landscaping along Montana Avenue. The proposed interim ordinance is contained in Attachment A. DISCUSSION Incidental food service establishments The Zoning Ordinance allows retail establishments such as coffee shops, bakeries and delicatessans to include seating for on-site consumption of food or beverages. These businesses are defined as incidental food establishments subject to the following restrictions: no orders are taken at tables or seats; total seating area is limited to 250 square feet, or 33% of the retail space, which ever is less; and no more than 20 seats are permitted. No additional off-street parking spaces are required for this use which is considered incidental and secondary to the primary retail business activity. There are 19 business establishments along Montana Avenue that include incidental food service. The majority of these establishments are located within the 5 block area ththth between 7 Street and 12 Street and in the 2 blocks between Euclid Street and 15 Street. Incidental food serving establishments are a neighborhood serving use that enhance Montana Avenue’s pedestrian character by encouraging patrons to casually shop, walk, sit and enjoy pastry, coffee, juice and other deli-type fare. However, the community has raised concerns that the concentration of incidental food serving uses 10 are contributing to the area’s parking and traffic congestion which result from a slower turnover of patrons and available parking spaces. The parking and traffic problems appear particularly acute in the multi-family district south of Montana Avenue since this area is fully developed with limited on-street parking available. Staff believes that the impacts of incidental food use require further analysis to determine the appropriate concentration of the use while ensuring Montana Avenue’s unique pedestrian character is maintained. Therefore, staff recommends that additional incidental food service establishments be prohibited on an interim basis until, through a public planning process, the appropriate number of such businesses for Montana Avenue is determined, together with any additional development standards needed to regulate the use. Floor Area Ratio The Zoning Ordinance currently allows the following maximum floor area ratios (FAR) along Montana Avenue: FAR if at Least Thirty Percent of Project is Residential, or if at Least Eighty Percent of the Parcel Square Footage FAR project is a Grocery Store 0 – 7,500 0.75 0.75 7,501 – 15,000 0.50 0.75 15,000 – 22,500 0.45 0.65 22,501 and up 0.40 0.55 While development standards along Montana Avenue are the most restrictive commercial standards in the City, given the proximity to residential uses, the low scale character of the street, and the concern that recent development projects may not be consistent with the purpose and intent of a neighborhood commercial district, staff believes a reduction in 11 rty Percent of Project is ResidentialFAR if at Least Thi development standards on an interim basis is warranted. The following is recommended: Parcel Square Footage FAR 0 – 7,500 0.60 0.75 7,501 – 15,000 0.40 0.75 15,001 – 22,500 0.35 0.65 22,501 and up 0.25 0.55 These standards provide a 20% to 25% reduction in maximum permitted development. This would result in buildings with FARs that are more consistent with the typical FAR in the area, .60 or less. The greatest percentage reduction is recommended for the larger parcels. No FAR changes are recommended for projects where at least 30% of the project is residential. In order to encourage mixed use development, staff continues to support incentives for residential development in commercial districts. However, staff does not recommend that the interim ordinance retain the existing FAR incentive for grocery stores as this use is well represented on Montana Avenue. Discretionary Review Threshold The discretionary review threshold in the C2 district is currently 11,000 square feet. Any project exceeding this size requires Planning Commission approval of a Development Review permit. Recently approved projects in the area include a 2-story, 10,998 square foot building and a 2-story, 10,996 square foot building. Both projects are on an approximately 15,000 square foot parcel and just under the threshold for Planning Commission review. Although these projects are consistent with the Zoning Ordinance, the community has expressed concern that this size of development is out of character with the existing building scale and incompatible with the single family neighborhood to the north and multi-family neighborhood to the south. 12 The majority of parcels along Montana Avenue are 7,500 square feet or less. Based on the interim ordinance’s recommended FAR, the maximum development on a 7,500 square foot parcel would be 4,500 square feet. Staff believes a 4,500 square foot development, which is less than half the size of recent projects approved on Montana Avenue, would not impact the intensity of uses or scale of development in the area. Development on sites 15,000 square feet or larger would likely result in projects that, at a minimum, are over 5,000 square feet. Additionally, 15,000 square foot sites could encompass two to three parcels, depending on the lot size. Staff believes the potential development size, could result in adverse impacts on the surrounding area. Therefore, in order to allow closer review of the location, size, massing, and placement of the proposed structure on the project site, the proposed emergency interim ordinance recommends a 5,000 square foot development review threshold. This reduced development review threshold will also facilitate greater public participation in the permit process for new development on Montana Avenue. Staff believes this is appropriate during a period when development standards are under revision in order to protect the area’s current scale of development. Setbacks and Landscaping The Council directed staff to address increased landscaping at the commercial building frontages along Montana Avenue. The Zoning Ordinance currently requires that new development provide a landscape area equal in square footage to 1.5 times the street frontage of the building parcel. Staff believes this provision ensures development projects incorporate landscaping into the project design in a manner consistent with the City’s pedestrian oriented policies and requirements. Specifically, Land Use Element Policy 3.3.3 states in part that “to enhance the pedestrian scale and character of streets and areas most likely to attract large numbers of pedestrians, the City shall reinforce the urban character and enhance the pedestrian environment by requiring that the majority of buildings in the Downtown and neighborhood commercial districts be built to the “build-to 13 line”. The purpose of the build-to line is to visually reinforce the building facade at the street level. In addition, the Land Use Element and Zoning Ordinance require pedestrian oriented uses and design at the street level in neighborhood commercial districts. Although some increase to public open space/landscaping requirements may be warranted to ensure sufficient area is provided for pedestrians while still accommodating amenities such as outdoor dining, street furniture, and newsstands, increasing landscaping requirements could result in buildings where landscaping becomes a barrier between the building and the street. This could adversely impact a building’s pedestrian oriented design in a manner inconsistent with the Land Use Element. Staff also met with representatives of NOMA, the Wilshire/Montana Neighborhood Association, and the Montana Avenue Merchants Association to better understand the concerns of these organizations. While increased landscape area was an issue identified, the more immediate concern was excess use of the public sidewalk to the degree that pedestrian use was impaired. In particular, the proliferation of sidewalk dining areas and the potential for outdoor newsstands on the public sidewalk could reduce the area available for pedestrian access, creating potential safety hazards and negatively impacting both business establishments as well as patrons. Staff is not recommending changes to the front setback or landscaping requirements as part of the emergency interim ordinance. Instead, this issue will be addressed during the planning process to revise development standards for the Montana Avenue neighborhood commercial district. However, to address the immediate conflict between pedestrians and other uses along the sidewalk right-of-way identified by the neighborhood and merchant organizations, the emergency interim ordinance prohibits permit approval of any sidewalk dining areas and outdoor newsstands on the public sidewalk. 14 CONCLUSION The proposed emergency interim ordinance is necessary to allow for a comprehensive planning process that will address the issue of development and over concentration of uses inconsistent with the pedestrian-oriented scale and character of the Montana Avenue neighborhood commercial district. Further, by reducing the maximum permitted FAR and lowering the discretionary review threshold, the emergency interim ordinance will ensure that new development in the area is compatible with the existing development scale and provides a sensitive transition between the commercial district and the neighboring residential areas. BUDGET/FINANCIAL IMPACT The recommendation presented in this report will have no budget or financial impacts. RECOMMENDATION It is respectfully recommended that the City Council adopt the emergency interim ordinance included in Attachment A. Prepared by: Suzanne Frick, Director Jay M. Trevino, AICP, Planning Manager Amanda Schachter, Principal Planner Paul Foley, Associate Planner Planning and Community Development Department Attachment: A: Proposed Emergency Interim Ordinance B: Notice of Public Hearing 15 Attachment D PCD:SF:JT:AS:PF\f:\plan\share\council\strpt\monintordextend2.wpd Council Mtg: June 27, 2000 Santa Monica, California TO: Mayor and City Council FROM: City Staff SUBJECT: Recommendation to Adopt an Emergency Interim Ordinance Extending the Modifications to Development Standards, Uses Subject to a Performance Standards Permit, Uses Subject to a Use Permit, Prohibited Uses and the Development Review Threshold Within the C2 Neighborhood Commercial District on Montana Avenue and Modifying the Permitted Uses on Montana Avenue to Include Existing Cinemas and the Maximum Floor Area Ratio for Existing Cinemas. . INTRODUCTION This report recommends that the City Council adopt a two year extension to the existing emergency interim ordinance modifying the allowable uses and development standards for the C2 Neighborhood Commercial District located along Montana Avenue. On May 23, 2000 the City Council adopted a 45-day emergency ordinance that modified the allowable uses and development standards in this area. This ordinance will expire on July 7, 2000 unless the proposed emergency interim ordinance (Attachment A) is adopted. In adopting the emergency interim ordinance, the Council directed staff to examine the impacts of the proposed development standards on small parcels to determine if any adjustments to the maximum allowable floor area ratio (FAR) on parcels less than 7,500 square feet were necessary. In addition, due to the Council and community support for preservation of the Aero Theater located at 1328 Montana Avenue, staff proposes, as part of the emergency interim ordinance, a modification to the permitted uses in the C2 district on Montana Avenue to include existing cinemas and to modify the maximum allowable 16 floor area ratio for cinemas to allow for a minor addition to the facility. BACKGROUND The 45-day emergency ordinance modified the allowable uses in the C2 District along Montana Avenue by prohibiting new incidental food serving establishments as well as sidewalk cafes and newsstands that use the public sidewalk. In addition, the emergency ordinance lowered the maximum allowable FAR and reduced the discretionary review threshold to require Planning Commission review for developments that exceed 5,000 square feet of floor area. Public testimony at the May 23, 2000 hearing identified a concern regarding the impacts of the proposed FAR reduction on small parcels. Specifically, since covered at-grade parking is included in FAR calculations, development on small parcels, particularly those less than 7,500 square feet, could be severely limited. Council directed staff to study if modifications to the proposed FAR reductions on smaller parcels were required. Council also expressed support for the preservation of the Aero Theater, a historically significant neighborhood movie house located at 1328 Montana Avenue. Since the building is a legal nonconforming use that also exceeds the maximum allowable FAR, any proposed preservation would preclude even minor alterations such as an expanded projection room or relocated walls to accommodate disabled access. Staff recommends ordinance changes to allow a new tenant to occupy the theater. DISCUSSION Floor area ratios on smaller parcels The 45-day emergency interim ordinance reduced maximum allowable FAR 17 in the following manner: FAR if at Least Thirty Percent of Parcel Square Footage FAR Project is Residential 0 7,500 0.60 0.75 B 7,501 15,000 0.40 0.75 B 15,001 22,500 0.35 0.65 B 22,501 and up 0.25 0.55 Staff has analyzed the parcel sizes and floor area ratios of all of the parcels in the C2 District along Montana Avenue using Los Angeles County Assessor information. A majority of the parcels within the C2 District on Montana Avenue are 7,500 square feet or less. The median parcel size in the district is 6,000 square feet. The prevailing FAR, average FAR and median FAR for all sized parcels ranges from 0.58 to 0.60. Staff believes an FAR increase above .60 would result in buildings inconsistent with Montana Avenues low scale = character. Since the Council direction was to maintain the existing character of Montana Avenue through the emergency interim ordinance pending further study, staff does not recommend increasing the emergency interim ordinance FAR for parcels 5000 square feet. In addition, staff does not recommend exempting at-grade covered parking from floor area calculations since exempting these parking areas would increase the size and mass of proposed buildings. Aero Theater The Aero Theater is a legal nonconforming use as cinemas are not a permitted use in the C2 District. In addition, the building currently exceeds the C2 District and emergency interim ordinance maximum allowable floor area. Renovations are anticipated to allow re- use of the facility for cinema purposes that will include improvements to comply with 18 current Building Code as well as minor modifications to expand and add a projection booth. These minor alterations will result in both a floor area increase of less that 300 square feet as well as an expansion of the legal nonconforming use. In response to the community and the Council support for preservation of the Aero, staff proposes that the emergency interim ordinance identify existing cinemas as permitted uses on Montana Avenue as well as allow existing cinemas to expand by no more than 300 square feet, for an FAR not to exceed 1.11. These modifications will preserve an existing use which has served the neighborhood for over sixty years. This structure is an established and familiar visual feature in the neighborhood that is consistent with the existing scale and character of Montana Avenue and the adjacent residential community. Therefore, staff believes the proposed modification to the emergency interim ordinance to facilitate preservation of the Aero Theater is consistent with the Councils intent to protect the areas character pending == further study. CEQA STATUS The proposed emergency interim ordinance is exempt from CEQA pursuant to CEQA Guidelines Sections 15061(b)(3) and 15301(e)(1). Section 15061(b)(3) provides that CEQA only applies to those projects that have the potential for causing a significant effect on the environment. The proposed development standards and permitted uses do not have this potential. Instead, these standards are environmentally beneficial. The proposed emergency interim ordinance results in additional limitations to the permitted uses on Montana Avenue and reduces the amount of development permitted in the area. Further, the reduced discretionary review threshold will require that smaller development projects are subject to Planning Commission review. 19 As a result, these projects will be evaluated individually for CEQA compliance. The proposed modification to facilitate continued use of the Aero Theater for cinema purposes is categorically exempt from CEQA pursuant to Section 15301(e)(1) of the CEQA Guidelines in that it permits the minor expansion of an existing facility that is either 50% of the floor area of the structure before the addition, or 2500 square, whichever is less. CONCLUSION The proposed emergency interim ordinance is necessary to allow for a comprehensive planning process that will address development and over concentration of uses inconsistent with the pedestrian-oriented scale and character of the Montana Avenue neighborhood commercial district. Further, by reducing the maximum permitted FAR and lowering the discretionary review threshold, the emergency interim ordinance will ensure that new development in the area is compatible with the existing development scale and provides a sensitive transition between the commercial district and the neighboring residential areas. Finally, by modifying the emergency interim ordinance to permit existing cinemas in the C2 District along Montana Avenue and allow existing cinemas minor increases in floor area, the Aero Theater can be re-used to serve the residents of the neighborhood as it has for sixty years. BUDGET/FINANCIAL IMPACT The recommendation presented in this report will have no budget or financial impacts. RECOMMENDATION It is respectfully recommended that the City Council adopt the emergency interim ordinance included in Attachment A. 20 Prepared by: Suzanne Frick, Director Jay M. Trevino, AICP, Planning Manager Amanda Schachter, Principal Planner Paul Foley, Associate Planner Planning and Community Development Department Attachment: A: Proposed Emergency Interim Ordinance B: Notice of Public Hearing 21