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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 1 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. 2 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 3 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 4 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 5