SR-101204-1B
F:\PLAN\SHARE\COUNCIL\STOAS\2004\04APP003.doc
Council Mtg: October 12, 2004 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Certification of the Statement of Official Action for Appeal 04-003 of the
Planning Commission’s Denial of a Text Amendment (03TA-003),
Development Review Permit (03DR-002), and Conditional Use Permit
(03CUP-003) for the Property Located at 2834 Colorado Avenue to
Amend the Zoning Ordinance to Allow for the Construction and Use of the
Subject Property as 145-Apartment Units Developed in a Complex of
Eighteen Buildings Ranging in Height from Two to Four Stories with 228
Subterranean Parking Spaces. Applicant / Appellant: Colorado Creative
Studios, LLC.
INTRODUCTION
This staff report transmits for City Council certification the Statement of Official Action
for Appeal 04-003 of the Planning Commission’s denial of a request to amend the
zoning ordinance to allow for the construction and use of the subject property as a 145-
unit apartment complex.
On August 10, 2004 the City Council denied the appeal, upholding the Planning
Commission’s determination, by a vote of 5-0. The City Council’s decision was based
upon the findings contained in the attached Statement of Official Action.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any budget or fiscal impact.
RECOMMENDATION
It is recommended that the City Council approve the attached Statement of Official
Action.
Prepared by: Suzanne Frick, Director
Amanda Schachter, Planning Manager
Jonathan R. Lait, AICP, Acting Principal Planner
Bill Rodrigues, AICP, Associate Planner
Planning and Community Development
Attachment: Statement of Official Action
CITY OF SANTA MONICA
CITY COUNCIL
STATEMENT OF OFFICIAL
ACTION
PROJECT
CASE NUMBER: 04APP-003
LOCATION: 2834 Colorado Avenue
APPLICANT: Colorado Creative Studios, LLC
APPELLANT: Colorado Creative Studios, LLC
PROPERTY
OWNER: Colorado Creative Studios, LLC
CASE PLANNER: Bill Rodrigues, AICP, Associate Planner
REQUEST: Appeal (04APP-003) of the Planning Commission’s Denial
of a Text Amendment (03TA-003), Development Review
Permit (03DR-002), and Conditional Use Permit (03CUP-
003) for the Property Located at 2834 Colorado Avenue to
Amend the Zoning Ordinance to Allow for the Construction
and Use of the Subject Property as 145-Apartment Units,
of Which 10-Percent (i.e. 15 Units) Would be Set Aside for
Occupancy by Very-Low Income Households, Developed
in a Complex of Eighteen Buildings Ranging in Height
from Two to Four Stories with 228 Subterranean Parking
Spaces.
CEQA STATUS: The project is exempt from the provisions of the California
Environmental Quality Act (CEQA), pursuant to Section
15061 (b) (4) of the State Implementation Guidelines in
that environmental review is not required for projects that
will be rejected or disapproved by a public agency.
Notwithstanding the above, an Environmental Impact
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Report was prepared for the project, but not certified, that
identified significant, unavoidable, and unmitigable
impacts in the following areas: Transportation/Traffic and
Construction Effects. Specifically, traffic impacts would
occur to the intersections of Centinela Avenue/Nebraska
Avenue, Stewart Street/Olympic Boulevard, and Yale
Street/Colorado Avenue that would result in a lowering of
City intersection operation thresholds. Moreover, the
transportation traffic impacts would increase vehicle trips
on the following two neighborhood street segments: Yale
Street and Nebraska Avenue. Significant, unavoidable,
and unmitigable construction effects are related to
increased reactive organic compounds (ROC) emissions
due to the application of architectural coatings.
CITY COUNCIL ACTION
August 10, 2004 Date.
Approved based on the following findings and subject to the
conditions below.
X Denied.
______________ Other.
EFFECTIVE DATE OF ACTION:
August 10, 2004
EXPIRATION DATE OF ANY PERMIT GRANTED:
N/A
LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATES:
N/A
Each and all of the findings and determinations are based on the competent and
substantial evidence, both oral and written, contained in the entire record relating to the
Project. All summaries of information contained herein or in the findings are based on
the substantial evidence in the record. The absence of any particular fact from any
such summary is not an indication that a particular finding is not based in part on that
fact.
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FINDINGS
TEXT AMENDMENT FINDINGS
1. The proposed amendment is not consistent in principle with the goals, objectives,
policies, land uses, and programs specified in the adopted General Plan in that the
subject property is located in the Special Office District, which seeks to “provide
opportunity for office and advanced technology uses requiring large floor areas.”
The appellant seeks to develop a 115,150-square foot, 145-unit multifamily
development in the Light Manufacturing and Studio District (LMSD), a use which is
not permitted in this zoning district. The site of the proposed development is
presently developed with approximately 38,000-square feet of warehouse-type
industrial buildings. The existing improvements would be demolished to facilitate
the development of the proposed project. The proposed text amendment would
authorize multifamily housing in the LMSD subject to a Conditional Use Permit,
allow a maximum height of four stories and 45-feet, and permit a maximum floor
area ratio of 1.5. The proposed text amendment is not consistent in principle with
the goals, objectives, policies, land uses and programs specified in the adopted
Land Use Element of the General Plan in that it does not provide opportunities for
new or expanded office and advanced technology land uses. The purpose of the
LMSD is to preserve existing light industrial uses, provide a location for studio-
related uses such as film and music production and post-production facilities, and
provide opportunities for artist live/work residential development. While not
satisfying the goals, objectives, and policies of the properties General Plan
designation, neither does the proposed project achieve any of the purposes of the
LMSD zone. Given current conditions in the City, the proposed text amendment
could significantly increase land values in the district and lead to a predominance of
housing developments at the expense of light industrial uses. The proposed text
amendment could result in the loss of small businesses and the jobs they created
and displace necessary community services. The proposed amendment raises
broad policy issues related to the appropriate mix and density of uses in the LMSD.
There is a need to protect housing from deleterious effects associated with industrial
uses and a need to preserve the currently permitted uses in the district. The
proposed text amendment would also not restrict density. The proposed project
would allow one dwelling unit for each 529-square feet, while the City’s R4 Zoning
District, which is the City’s most dense residential zone, only allows one dwelling
unit for each 900-square feet. Given the impacts of this project, a more intensive
review of the policy implications is necessary to guide this decision and to develop
regulations and design standards to guide this mix of uses.
2. The public health, safety, and general welfare does not require the adoption of the
proposed amendment in that the purpose of the Light Manufacturing and Studio
District (LMSD) is to preserve existing light industrial uses, provide a location for
studio-related uses such as film and music production and post-production facilities,
and provide opportunities for artist live/work residential development. The proposed
text amendment changes this purpose and could lead to housing taking over this
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zone in contravention to the provisions of the Land Use Element. There is a need to
protect housing from industrial uses and a need to preserve the currently permitted
uses in the LMSD zone. Without any limitations regarding unit density, the size,
scale, and associated impacts of residential development could be inconsistent with
the purpose of the Light Industrial and Manufacturing District.
DEVELOPMENT REVIEW PERMIT FINDINGS
1. The physical location, size, massing, and placement of proposed structures on the
site and the location of proposed uses within the project are not compatible with
and do not relate harmoniously to surrounding sites and neighborhoods, in that the
proposed project is too large, too tall, too dense, does not embody the standards
and principles of “Smart Growth” development, and would create unmitigable traffic
impacts in the surrounding neighborhood.
2. The rights-of-way cannot accommodate autos and pedestrians, including parking
and access, in that the environmental impact report prepared for the project
identified significant and unavoidable traffic impacts at the following intersections:
Stewart Avenue and Olympic Boulevard; Yale Street and Colorado Avenue; and
Centinela Avenue and Nebraska Avenue. Additionally, the project created a
significant and unavoidable traffic impact at the following street segments: Yale
Street and Nebraska Avenue.
3. The project is generally inconsistent with the Municipal Code and General Plan, in
that the purpose of the Light Manufacturing and Studio District (LMSD) is to
preserve existing light industrial uses, provide a location for studio-related uses
such as film and music production and post-production facilities, and provide
opportunities for artist live/work residential development. The proposed text
amendment changes this purpose and could lead to housing development
predominance in this zone in contravention to the provisions of the Land Use
Element. Without any limitations regarding unit density, the size, scale, and
associated impacts of residential development could be inconsistent with the
purpose of the Light Industrial and Manufacturing District. There is a need to
protect housing from industrial uses and a need to preserve the currently permitted
uses in the LMSD zone.
CONDITIONAL USE PERMIT FINDINGS
1. The proposed use is not one conditionally permitted within the subject district and
does not comply with all of the applicable provisions of the "City of Santa Monica
Comprehensive Land Use and Zoning Ordinance", in that, multiple-family
residential uses are not identified as a permissible use in the Light Manufacturing
and Studio District (LMSD). In response, the applicant applied for a text
amendment to add multiple-family residential uses as a use requiring City approval
of a conditional use permit. In that the Conditional Use Permit relies upon the
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proposed Text Amendment application being approved, and since the proposed
Text Amendment was denied, this finding in support of the Conditional Use Permit
cannot be made.
VOTE
Ayes: Feinstein, Genser, Holbrook, McKeown, O’Connor,
Nays:
Abstain:
Absent: Bloom, Katz
NOTICE
If this is a final decision not subject to further appeal under the City of Santa Monica
Comprehensive and Zoning Ordinance, the time within which judicial review of this
decision must be sought is governed by Code of Civil Procedures Section 1094.6, which
provision has been adopted by the City pursuant to Municipal Code Section 1.16.010.
I hereby certify that this Statement of Official Action accurately reflects the final
determination of the City Council of the City of Santa Monica.
_____________________________ _____________________________
MARIA M. STEWART, City Clerk Date
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