SR-400-005 (2)
PCD:SF:JT:AS:JL:BR\f:\plan\share\Council\strpt\montanainterimord.extend021202.doc
Council Mtg: February 26, 2002 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Introduction and First Reading of 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.
INTRODUCTION
The report recommends that the City Council introduce for first reading 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. This
interim ordinance extension came before the City Council on February 12, 2002 and was
inadvertently noticed and approved as an emergency ordinance. Therefore, the proposed
ordinance has returned for Council consideration as originally intended as an interim
ordinance. 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
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
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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
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
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
The proposed 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 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
The recommendation presented in this report has no budget or financial impact.
RECOMMENDATION
Staff recommends that the Council introduce for first reading the attached interim
ordinance extending the existing 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
ATTACHMENT B
Public Notice
NOTICE OF A PUBLIC HEARING
BEFORE THE SANTA MONICACITY COUNCIL
SUBJECT: PROPOSED 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;
THE INTERIM ORDINANCE ALSO PROPOSES TO MODIFY THE
ALLOWABLE USES IN THE C2 NEIGHBORHOOD COMMERCIAL
DISTRICT ON MONTANA AVENUE TO INCLUDE EXISTING CINEMAS
(THE AERO THEATER) AS A PERMITTED USE AND TO MODIFY THE
MAXIMUM FLOOR AREA RATIO FOR THIS USE
WHEN:
Tuesday, February 26, 2002 at 6:45 p.m.
WHERE:
City Hall Council Chambers
1685 Main Street
Santa Monica, California
PROJECT DESCRIPTION
The City Council will conduct a public hearing to consider extending for two years, an
interim ordinance to modify the allowable uses and development standards for the C2
Neighborhood Commercial district located along Montana Avenue. The proposed
ordinance will prohibit approval of additional incidental food serving establishments,
prohibit any new uses of the public sidewalk, reduce allowable floor area of new
developments and reduce the development review threshold for Planning Commission
review. The interim ordinance also proposes to modify the allowable uses in the C2
Neighborhood Commercial District on Montana Avenue to include existing cinemas (the
Aero Theater) as a permitted use. Additionally, the ordinance proposes a maximum 1.11
floor area ratio (FAR) for this use. Staff is recommending adoption of the interim ordinance
to allow for a comprehensive planning process to revise the development standards for the
Montana Avenue commercial district.
HOW TO COMMENT
You may comment at the City Council public hearing, or by writing a letter. Written
information received before 3:00 p.m. 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
1685 Main Street, Room 102
Santa Monica, CA 90401
MORE INFORMATION
For more information about this project, please contact Associate Planner Bill Rodrigues at
(310) 458-8341. Information is also available on the Citys web site at www.santa-
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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
El Concilio Municipal de la ciudad de Santa Monica tendra una audencia publica para
revisar applicaciones proponiendo desarrollo en Santa Monica. Para mas informacion,
llame a Carmen Gutierrez al numero (310) 458-8341.
APPROVED AS TO FORM
_____________________
JAY M. TREVINO
Planning Manager
F:\PLAN\SHARE\COUNCIL\NOTICES\montanainterimord.extend021202.doc
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ATTACHMENT C
May 23, 2000 City Council Staff Report
11
PCD:SF:JT:AS:PF\f:\plan\share\council\strpt\montanainterimord.AttachmentC.doc
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.
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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
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service. The majority of these establishments are located within the 5 block area between
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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 Avenues pedestrian character by encouraging patrons to casually shop, walk, sit
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and enjoy pastry, coffee, juice and other deli-type fare. However, the community has raised
concerns that the concentration of incidental food serving uses are contributing to the
areas parking and traffic congestion which result from a slower turnover of patrons and
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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 Avenues unique pedestrian character is maintained. Therefore, staff
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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
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Eighty Percent of the
Parcel Square Footage FAR project is a Grocery Store
0 7,500 0.75 0.75
B
7,501 15,000 0.50 0.75
B
15,000 22,500 0.45 0.65
B
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
development standards on an interim basis is warranted. The following is recommended:
FAR if at Least Thirty
Percent of Project is
Residential
Parcel Square Footage FAR
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
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
15
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.
The majority of parcels along Montana Avenue are 7,500 square feet or less. Based on
the interim ordinances recommended FAR, the maximum development on a 7,500 square
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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
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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 areas current scale of development.
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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 Citys
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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
A
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
A
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
17
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 buildings pedestrian oriented
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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
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organizations, the emergency interim ordinance prohibits permit approval of any sidewalk
dining areas and outdoor newsstands on the public sidewalk.
CONCLUSION
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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
ATTACHMENT D
June 27, 2000 City Council Staff Reports
PCD:SF:JT:AS:PF\f:\plan\share\council\strpt\montanainterimord.AttachmentD.doc
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
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 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
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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
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
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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.
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.
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
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