SR-400-004 (21)
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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
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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.
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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
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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.
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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.
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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.
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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
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