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SR-400-004 (21) e ~t7- tPP~ e (,~s DEt 9 1986 C/ED:RAS:RM:nh Council Mtg: December 9, 1986 Santa Monica, California TO: Mayor and City Council FROM: city staff SUBJECT: Recommendation to Adopt Text Amendment to SMMC Section 9148, Conditional Use Permits. INTRODUCTION This report recommends that the City Council direct the City Attorney to prepare an ordinance to allow uses which are consistent with the Land Use Element of the General Plan but prohibited by the existing Zoning Ordinance to be sUbject to the discretionary review of the Conditional Use Permit process. BACKGROUND The applicant for the requested text amendment is Thomas Daniel Neveau. The text amendment would allow his office building project at 1636 Fifth street in the Land Use Element's Downtown Frame to include residential uses, subject to subsequent approval of a Conditional Use Permit. The Land Use Element encourages residential uses in the Downtown Frame, but the site's Ml zoning prohibits residential uses. The proposed text change would become part of the present Zoning Ordinance and would be eliminated when the pending new Zoning Ordinance is adopted. In the interim, the proposed amendment would provide a mechanism through which certain uses permitted by the Land Use Element but in conflict with the existing Zoning - 1 - 6-s DEe - 9 1986 e e Ordinance could be considered by the Planning Commission. Example of other situations where this process might be used are given in the attached November 10, 1986, Planning Commission staff report. On November 10, 1986, the Planning Commission voted 5-2 (Burns, Farivar, Israel, Perlman, Latimer voting yes, Nelson and Hecht voting no) to transmit to the City Council a recommendation to approve the following amendment to the text of the zoning Ordinance: PROPOSED TEXT CHANGE section 9148.G: Other provisions of this Article notwithstanding, uses not otherwise permitted in any residential, commercial or industrial district may be permitted on a given site subject to the approval of a Conditional Use Permit provided the proposed use is specifically identified as a permitted use for the Land Use Element District in which the site is located on the Land Use Element Map in the Land Use Element of the General Plan of the City of Santa Monica. The minority viewpoint on the Commission favored limiting the amendment to apply only to proposed residential uses. The majority view felt that the Conditional Use Permit process would afford adequate protection against inappropriate projects being approved and, therefore, could be more broadly worded. BUDGET/FISCAL IMPLICATIONS The recommendation contained in this report will have no budget or fiscal impacts on the City. - 2 - e e RECOMMENDATION It is respectfully recommended that the Council direct the City Attorney to prepare an ordinance amending Article IX, Chapter 1, Section 9148 as set forth above with such ordinance to return to the Council for a public hearing at its first reading. Prepared by: Richard Mills, Associate Planner R. Ann siracusa, Director of Planning Planning Division Community and Economic Development Department Attachment: A. November 10, 1986, Planning commission staff Report, as approved by Planning Commission RAS:RM:nh CC9148 ll/18/86 - 3 - e e AT T A C l{fIIH:NT" p.... CITY PLANNING DIVISION Community and Economic Develop~ent Depa~t=ent MEHORANDUH DATE: November 10, 1986 TO: The Honorable Planning commission FROH: R. Ann Siracusa, Director of Planning SUBJECT: Proposed zoning Ordinance Text Amendment To section 9148, conditional Use Permits. Applicant: Thomas Daniel Neveau Sm1}!ARY There are certain areas of the City where uses specifically permi tted by the Land Use Element are prohibited by the Zoning Ordinance. The proposed text change would add Section 9148G to the Municipal Code to provide a mechanism, the Condit::..onal Use Permit process through which these uses may apply for approval. PROPOSED TEXT CHANGE Section - 9148.G: other provisions of this Article no~~~~hstandlngr uses not otherWlse per",ltted ln any reslcentlal, co!",~erclal or ~ndustrl.al dis";:rl.c~ !'lay be ?er:n~::ed on a given slte subJect to the approval of a Condl~~onal Use ?er~~~ provlded the proposed use is speclfically identif~ed as a pe=:1~t.ted use for the Land Use Element Distric~ ~n which the 51te 15 located on the Land Use Element Hap in the Land Use Ele:-ent of the General Plan of the City of Santa Monica. PROPOSED PROJECT The applicant's project consists of a mixed-use Office/residential building at 1636 Fi=th street. This site is in the Downtown Frame as designated in the Land ~se E~ement. The Land Use Element encourages residential uses in the Dmmtmm (reference LUE policy 1.3.5). The underlyir.g zcnlng on the parcel is Ml, however, which prohibits res ide:1tial uses. As a resul t, in approving DR 344 for the proj act I the Cor-.:nissicn stated that no residential use was approved and that any future residential use would be subject to laws then in effect. with the proposed text change, the applicant would be able to apply for a Conditional Use Perl'li t to have a residential use in h~s bU11ding, consistent with language in the Land ~se Elenent. - 1 - e e CEQA STATUS The proposed text amend~ent qualifies for a General Rule Exemption in that it does ~ot specifically approve any project, but merely allows certain uses which are consistent with the General plan to be subject to discretionary review on a case-by-case basis. No CEQA requirements are waived for any future project. ANALYSIS The general situations where the proposed text amendment could be utilized include, but may not be limited to: A. The C4 District portions of the Broadway Mixed-Use District -- The Land Use Element allows all-residential construction, but the C4 District prohibits an all-residential building. B. The R4 District portions of the Oceanfront District -- except for hotels, visitor-serving uses are prohibited in the R4. District, but encouraged in the Land Use Element (e.g., commercial use of the vacant ground floor Promenade frontage in the Sea castle build~~g is presently prohibited) . C. The Ml and M2 District portions Residential uses are prohibited encouraged by the Land Cse Element. of the in the Dm.,rntm.,rn Frame - "11:" zones I but The revised Zoning Code will bring zoning into consistency with the Land Use Elenent when adopted. During the interim period, this change would permit applications for such uses to be accepted and considered by the Planning Commission. Conclusion The proposed text amendnent is a reasonable request which will enable a wider range of projects consistent with the Land Use Element to be reviewed and processed. RECOI:!MENDATION It is respectfully reco~~ended that the Planning transmit to the City Cour.c~l a recommendation to proposed text amendment based on the findings below. commission adopt the FI~mINGS 1. The public necessity, public convenience, general welfare and good zoning practice requ~re the proposed text change ~n that: a. The Land Cse and Circulation Elements of the General Plan of the city of Santa Monica were substantially revised on October 23, 1984. - 2 - . I 1..---. e . b. The city's present zoning Ordinance (Chapter 1, Art~cle IX of the Municipal Code) is not consistent with all aspec~s of the Land Use and circulation Elements of the General Plan and is under comprehensive revie,., and revlsion to make it consistent with the General Plan. - c. Until the Zoning Ordinance is made consistent wi-:.~ the General Plan, there will remain certain locations in the city where uses are permitted by the Land Use Ele~ent but prohibited by the Zoning Ordinance. Implementation of the General Plan is thus hindered in these locations. d. The proposed text amendment will allow uses specifically identified in the Land Use Element, but prohibited by t~e Zoning Ordinance, the opportunity to be reviewed via the Conditional Use Permit process and approved when appropriate findings can be made by the Planning Commission, or City Council on appeal, justifying the proposed use. e. It is in the interest of the public peace, health, safety and welfare to provide mechanisms such as this one which increase the potential to implement the City's General. Plan. Prepared by: Richard Mills, Associate Planner RH:nh ZonOrdTA 11/03/86 - 3 -