sr-022310-7bCity Council Meeting: February 23, 2010
Agenda Item: ~ B
To: Mayor and City Council
From: Eileen Fogarty, Director, Planning & Community Development
Subject: Text Amendment Application 09TA-003 requesting re-establishment of
non-conforming ground floor office use following use by a charitable, youth
or welfare organization
Recommended Action
Staff recommends that the City. Council adopt an ordinance amending Section
9.04.08.16.020 of the Santa Monica Municipal Code to permit the reestablishment of
previously existing ground floor general office use that has not been expanded or
altered following occupancy by a charitable, youth or welfare organization, based on
specific conditions.
Executive Summary
Girl Scouts of Greater Los Angeles (GSGLA) owns and occupies atwo-story office
building at 2525 Ocean Park Boulevard, in the C2 Zoning District, originally built for
general office use in 1963. When GSGLA, anon-profit organization, moved into the
building, it transitioned from being anon-conforming use (general office on the ground
floor) to a conforming use (offices and meeting rooms for charitable, youth and welfare
organizations). GSGLA is now moving out of the building and states that it is having
difficulty selling the property because the ground floor must now comply with the current
C2 District permitted uses, which prohibit ground floor general office within 150 feet
from Ocean Park Boulevard. GSGLA is requesting to amend the Zoning Code to allow
reestablishment of anon-conforming ground floor office use as an exception to the
regulations prohibiting reestablishment of non-conforming uses after conversion to a
conforming use.
GSGLA's situation represents a hardship not envisioned by the Code or General Plan,
and an unintended consequence of provisions of the Code developed to encourage
charitable, youth and welfare organizations. The proposed language ensures that the
amendment's impact is narrow and does not allow expansion or return of ground-floor
office use when a building's ground floor has been converted to a more pedestrian-
friendly activity. Rather than creating an exception in the Non-conforming Buildings and
Uses chapter, the amendment modifies language in the C2 Permitted Uses section.
The proposed amendment includes a finding of consistency with the General Plan and
is categorically exempt from the provisions of the California Environmental Quality Act
(CEQA).
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The Planning Commission unanimously recommended adoption of the proposed
ordinance, with one adjustment that is included in staffs recommendation, at a public
hearing held on January 6, 2010.
Background
In 1963, a 15,867 square foot, two-story office building was constructed on the property
at 2525 Ocean Park Boulevard. The building included general office use on the first
floor. The Code was later amended for consistency with the City's 1984 Land Use
Element goals for Neighborhood Commercial Districts, which discouraged new ground
floor office use. As such, ground floor office use became legal, non-conforming.
GSGLA purchased the property for a primary office location in 2001, and occupied the
ground floor under the provisions of the Code allowing for office use by a charitable,
youth or welfare organization. During GSGLA's occupancy of the building, it was used
for the organization's administration and staff meeting purposes. The ground floor office
continued to be utilized for the same office-type uses that had always existed at the site.
However, GSGt.A's tenancy resulted in the conversion of anon-conforming use (ground
floor office) to a conforming use (offices and meeting rooms for charitable, youth and
welfare organizations).
The concept of permitting charitable office and meeting uses in the C2 Zoning District
without ground floor restrictions is intended to encourage such organizations, allowing
them more flexibility to locate near residential areas of the community that they serve.
GSGLA's situation highlights an unanticipated consequence of the Code; although
GSGLA has not altered the building or its ground floor use, its non-profit status has
made the building conforming. Once it has been removed, anon-conforming use-may
not be reestablished.
GSGLA now claims that the conforming status of the structure has become a burden for
the organization as it significantly limits the opportunity for subsequent owners or
tenants, and thus future potential buyers. According to their application and testimony
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before the Planning Commission, all prospective purchasers have been interested in the
building for general office use. To resolve this situation, in August 2009, GSGLA
submitted an application requesting to amend the Code to allow the reestablishment of
the non-conforming ground office floor use as an exception in SMMC Section
9.04.18.030(c) (Legal, nonconforming uses: Conversion to Conforming Use).
Discussion
Applicant's Proposed Text Amendment
GSGLA proposed the following amendment to sub-section (c) of SMMC 9.04.18.030
(amendment in bold italics):
"A legal nonconforming use is a use which lawfully existed on the effective date of
the ordinance codified in this Chapter but which is either: (a) not now permitted in
the district in which it is located; or (b) now permitted by a performance standards
permit, use permit or conditional use permit but no such permits have been
obtained. A legal, nonconforming use shall comply with the following provisions:
(a) ... (b)
(c) Conversion to Conforming Use. If a nonconforming use is converted
to a conforming use, the nonconforming use may not be resumed, except if the
conforming use was established by a charitable, youth or welfare
organization use of a non conforming office building, the prior non-
conforming use maybe reestablished."
The applicant justified this request based on the particular characteristics of the use, the
zoning district, and hardship on the organization. The full application statement is
included as Attachment B. At the January 6 Planning Commission hearing, the
applicant stated that GSGLA now supports staffs substitute amendment proposal.
AnalYSis .
The Non-conforming Building & Uses chapter of the Zoning Ordinance sets forth rules
for dealing with the remnants of previous zoning eras, gradually removing them through
replacement with conforming uses and in some cases through amortization. Removal
of non-conforming conditions is a very strong principle in the Zoning Ordinance, and it is
important to carefully consider the ramifications of any change to this Code section.
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In the C2 Zoning District, in the interest of creating a sense of place and an active
neighborhood street environment, office use on the ground floor became prohibited. If
the building at 2525 Ocean Avenue were constructed today, it would require ground
floor retail or other pedestrian-friendly uses that activate the street environment. The
vision for this district will remain the same in the future, as the draft Land Use and
Circulation Element (LUCE) similarly discourages ground floor office use in
neighborhood commercial districts.
Recognizing the continuing importance of charitable, youth and welfare organizations in
the community, staff has developed alternate language that meets the needs of the
applicant while also maintaining the integrity of the Non-conforming Buildings and Uses
language in the Code. The proposed resolution (Attachment A) would modify the C2
Zoning District Permitted Uses Section [SMMC 9.04.08.16.020(1)]. This section already
includes one exception to the prohibition of ground floor office use for existing buildings.
The proposed language allows re-establishment of ground floor general office use in a
building initially designed with ground floor office use when the offices have been used
by a charitable, youth or welfare organization. The amendment's criteria require that
any portion of the ground floor space that was not altered by the charitable organization
may continue to be used for general office purposes, and specifies that no expansion of
the non-conforming use will be allowed. The criteria are intended to relieve the
hardship in cases where the occupancy of the charitable organization alone has
rendered the space non-conforming, while ensuring that the amendment does not allow
the replacement of any pedestrian-oriented use with ground floor office use. If
alterations have been made for more pedestrian-oriented ground floor uses, the return
of previous ground floor office use would not be consistent with the criteria and
therefore not permitted.
Commission Action
On January 6, 2010, the Planning Commission held a public hearing and unanimously
recommended staff's recommendation for adoption of the proposed text amendment..
The Commission recommended modifying the language to clarify that if alterations had
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been made to accommodate other uses in part of the ground floor area, only the area
that had not been altered could be re-established as general office use. The proposed
resolution incorporates this recommendation.
General Plan Consistency
The 1984 General Plan Land Use Element states clearly in a number of places that
pedestrian-oriented uses and building design are to be encouraged in neighborhood
commercial districts. Policy 1.7.1 requires "that a majority of the ground floor street
frontage ... be utilized for neighborhood commercial uses."
Chapter 2.4 of the draft LUCE describes the future vision for Ocean Park Boulevard as
a neighborhood boulevard. In the area between Centinela Avenue and 25th Street:
"As development occurs, new buildings include ground floor commercial uses
and local-serving offices or housing on the upper floors, which strengthen the
area's role as a neighborhood center."
Proposed LUCE policies promote active ground level uses and building facades that
attract pedestrians. The LUCE introduces new tools to achieve more vitality in the
neighborhood centers and generally maintains the previous vision for this area.
The narrow exception proposed by staff is consistent with these existing and draft LUCE
policies because it would only apply to existing ground floor office uses in buildings
designed for such use that were not converted to accommodate more pedestrian-
friendly activities.
Additionally, 1984 Land Use Element Objective 1.1 includes a number of bullet points
that define and qualify the overall objective to "Improve the quality of life for all residents
by providing a balance of land uses ..." One of these points is "Ensuring fair treatment
of property owners and residents in the City." The proposed text amendment would be
consistent with the objective of ensuring fair treatment in that it would provide a
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charitable organization the opportunity to purchase and sell an office building in the
same manner as any commercial property owner without changing the status of existing
ground floor office use, which could potentially affect the building's value. At the same
time, by specifying that the reestablishment of general office use is only permitted if it
has not been replaced by a preferable, compatible use, the proposed text amendment
remains consistent overall to the principles set forth for Ocean Park Boulevard as a
pedestrian-friendly neighborhood commercial district. Thus, the proposed zoning text
amendment is consistent in principle with the goals, objectives, policies, land uses and
programs specified in the adopted General Plan.
Alternatives
Ih addition to the recommended action, the Council may consider the following with
respect to the project:
A1. Recommend the Text Amendment as proposed by the applicant or with revised
language.
A2. Recommend that the City Council deny TA 09-003
Environmental Analysis
The proposed ordinance is exempt from the provisions of the California Environmental
Quality Act (CEQA) pursuant to Section 15061(b)(3) in that it can been seen with
certainty that the proposed ordinance amendment does not have the potential to
significantly impact the environment, since it would only allow ground-floor commercial
office use in an existing building already designed for such use. There are no
reasonably foreseeable impacts such as a direct or indirect physical change in the
environment that would result from the adoption of the proposed ordinance.
Public Outreach
Pursuant to Municipal Code Section 9.04.20.22.050, notice of the public hearing was
published in the Santa Monica Daily Press at least ten consecutive calendar days prior
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to the hearing. At the request of staff, the applicant consulted with the adjacent
neighborhood association, Friends of Sunset Park (FOSP). FOSP submitted a
comment and testified at the Planning Commission hearing, stating that their main
concern was that the text amendment would not result in any new development of non-
pedestrian friendly facades in the city's commercial areas.
Financial Impacts & BudgetActions
The recommendation in this report does not have any budgetary or financial impacts.
Prepared. by: Elizabeth Bar-EI, AICP, Senior Planner, Community & Strategic Planning
Division
.Approved:
Forwarded to Council:
,....~,
Rod G~ ould ~--
City Manager
A. Draft Ordinance
B. Text Amendment Application
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Development
Attachments:
Al-I'ACHMENT A:
Draft Ordinance
f:\atty\muni\laws\barry\C2 Zoning District Text Amendment CC 2-23-10
City Council Meeting 2-23-10 Santa Monica, California
ORDINANCE NUMBER (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION
9.04.08.16.020 TO AUTHORIZE THE RE-ESTABLISHMENT OF A GROUND FLOOR
GENERAL OFFICE USE FOLLOWING A PROPERTY'S USE BY A CHARITABLE,
YOUTH. OR WELFARE ORGANIZATION
WHEREAS, prior to the adoption of the Land Use Element in 1984, ground floor
general office use was a permitted use in what now constitutes the C2 Zoning District;
and
WHEREAS, the City's Zoning Ordinance was subsequently amended to prohibit
ground floor office use in this district; and
WHEREAS, after ,this amendment, existing ground floor general office uses
became legal nonconforming; and
WHEREAS, after a legal nonconforming use is converted to a conforming use,
the nonconforming use may not be resumed; and
WHEREAS, the Zoning Ordinance permits ground floor office use by charitable,
youth, and welfare organizations in the C2 District; and
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WHEREAS, this authorization aids such organizations by providing them with
greater flexibility to locate near the residential areas of the community that they serve;
and
WHEREAS, once a building containing a legal non-conforming general office use
is occupied by a charitable organization, that use technically becomes conforming, but
only so long as it is undertaken by a charitable, youth, or welfare organization; and
WHEREAS, a 15,867 square foot, two-story office building was constructed in
1963 in the 2500 block of Ocean Park Boulevard with general office use on the first
floor, a location now zoned C2; and
WHEREAS,. this property was subsequently purchased by the Girl Scouts of
Greater Los Angeles (GSGIA); and
WHEREAS, GSGIA continued to use the ground floor for office use after it
purchased the property; and
WHEREAS, GSGLA now seeks to sell the property; and
WHEREAS, on August 20, 2009, the GSGtA filed a text amendment requesting
that the non-conforming use section of the Zoning Ordinance be modified to allow the
resumption of a general office use when a building has been continually used for office
purposes by a charitable, youth, or welfare organization; and
WHEREAS, staff has proposed alternative language to address GSGLA's
objective, an alternative which GSGIA now supports; and
WHEREAS, the Planning Commission reviewed the draft text amendment at a
public hearing on January 6, 2010; and
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WHEREAS, the Planning Commission unanimously recommended adoption of
the proposed amendment with one suggested modification; and
WHEREAS, the City Council held a public hearing on February 23, 2010; and
WHEREAS, the proposed amendment is consistent in principle with several of
the goals, objectives. and policies of the General Plan in that the amendment is
consistent with Land Use Element Objective 1.1 which includes a number of bullet
points that define and qualify the overall objective to "Improve the quality of life for all
residents by providing a balance of land uses .. ," with one of these points being
"Insuring fair treatment of property owners and residents in the City;" and
WHEREAS, the proposed text amendment would be consistent with the objective
of ensuring fair treatment in that it would provide a charitable organization the
opportunity to purchase and sell an office building in the same manner as any
commercial property owner without changing the status of existing ground floor office
use, which could potentially affect the building's value; and
WHEREAS, at the same time, by specifying that the reestablishment of general
office use. is only permitted if it has not been replaced by a preferable, pedestrian-
oriented use, the proposed text amendment remains consistent overall with the
principles set forth for Ocean Park Boulevard as apedestrian-friendly neighborhood
commercial district; and
WHEREAS, the public health, safety and general welfare requires the adoption of
the .text amendment in that the change in the status of the property owned by a
charitable organization from legal non-conforming to conforming can become a burden
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as this change significantly limits the opportunity for subsequent owners or tenants and
thus future potential purchasers of the property,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 9.04.08.16.020 is hereby
amended to read as follows:
9.04.08.16.020 Permitted uses.
The following convenience goods and service type
uses shall be permitted in the C2 District, if conducted within
an enclosed building, except where otherwise permitted:
(a) Appliance stores;
(b) Appliance repair shops;
(c) Art galleries;
(d) Artist studios above the first floor;
(e) Branch offices of banks or savings and loan
institutions;
(f) Barber or beauty shops;
(g) Child day care centers;
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(h) Cinema buildings in existence since May 23,
2000;
(i) Cleaners;
Q) Congregate housing;
(k) Domestic violence shelters;
(I) General offices above the first floor; and on the
ground floor for parcels located at least one hundred fifty feet
from Montana Avenue, Ocean Park Boulevard, or Pico
Boulevard, except general office uses shall also be allowed
on the ground floor within one hundred fifty feet of Montana
Avenue, Ocean Park Boulevard, and Pico Boulevard in
buildings in existence since January 17, 2007 avh+s# if either
subdivision (1) or subdivision (2) of this subsection (I) apply:
(1) The building has #aa~e all of the following
characteristics:
{-~-}(~ The building's front facade and entrance is not
oriented toward Montana Avenue, Ocean Park Boulevard,
and Pico Boulevard, and
~2}(~ The building has a finished ground floor which
is more than three feet below the level of the adjacent
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sidewalk along Montana Avenue, Ocean Park Boulevard, or
Pico Boulevard, and
{3}~ .The building is set back a minimum of twenty
feet from the sidewalk along Montana Avenue, Ocean Park
Boulevard and Pico Boulevard, and
{4}~ When the building was initially developed, the
ground floor was designed and intended for non-pedestrian
uses, or;
(2) The building has all of the following
characteristics:
(A) When the building was initially developed the
ground floor was designed and intended fior general office
use, and was legally constructed and occupied in that
manner, and
(B) The ground floor was subsequently occupied
by a charitable, youth or welfare organization, and
(C) The charitable, youth, or welfare organization
continued to use the ground floor or a portion thereof, for
office use during the entire period that it occupied the
property, and
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~D) OnIV those portions of the ground floor that were
continuously used by the charitable, youth or welfare
organization for office use may be resumed for general office
use, no expansion of this general office use can occur and if
this general office use is subsequently converted to another
use or otherwise terminated, this general office use cannot
be resumed again except in accordance with this subdivision
(m) General retail and specialized retail uses;
(n) Homeless shelters with less than fifty-five beds;
(o) Laundromats;
(p) Libraries;
(q) Multifamily dwelling units;
(r) Offices and meeting rooms for charitable, youth,
and welfare organizations;
(s) Photocopy shops;
(t) Places of worship;
(u) Plant nurseries (provided all supplies, except
planted stock, are kept entirely within an enclosed building);
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(v) Restaurants of fifty seats or less and at which no
alcohol is served or consumed;
(w) Schools;
(x) Senior group housing;
(y) Senior housing;
(z) Shoe repair stores;
(aa) Sidewalk cafes not more than two hundred
square feet in area, subject to the limitations contained in
Section 9.04.10.02.460;
(bb) Single-family dwelling units;
(cc) Single-room occupancy housing;
(dd) Specialty offices;
(ee) Tailors;
(ff) Theaters with fewer than seventy-five seats;
(gg) Transitional housing;
(hh) Accessory uses which are determined by the
Zoning Administrator to be necessary and customarily
associated with, and appropriate, incidental, and subordinate
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to, the principal permitted uses and which are consistent with
and no more disturbing or disruptive than permitted uses;
(ii) Other uses determined by the Zoning
Administrator to be similar to those listed above which are
consistent with and no more disturbing or disruptive than
permitted uses.
SECTION 2. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with. the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 3. If any section, subsection, .sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the
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official newspaper within 15 days after its adoption. This Ordinance shall
become effective 30 days from its adoption.
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APPROVED AS TO FORM:
ATTACHMENT B
Text Amendment Application
ATTACIiMENT TO APPLICATION
Application for Amendment of Comprehensive Land Use and Zoning Ordinance/General Plan
Amendment
Applicant: Girls Scouts of Greater Los Angeles
Property location; 2525 Ocean Park Boulevard, Santa Monica, CA (Citywide)
#1. PROPOSED WORDING FORTEXTAMENDMENT
Santa Monica Municipal Code Section 9.04.18.030
Leeal, non-conforming uses, Paraeraoh Icl Conversion of conforming Use: If a nonconforming use is
converted to a conforming use, the non conforming use may not be resumed, except if the conforming
use was established by a charitable, youth or welfare organization use of a non conforming office
building, the prior non conforming use may be reestablished.
#2 REASONS FOR PROPOSED AMENDMENT
In 2002, the Angeles Council of the Girl Scouts, a subsidiary of the Girl Scouts of Greater Los Angeles
{GSGLA) purchased the building located at 2525 Ocean Park Boulevard consisting of approximately
14,100 rentable square feet, to be used as general office and administrative space for their operations.
The building was zoned C2 but as it had always been used. as general office space since its construction,
this prior office uses were permitted as a "legal, non-conforming use". Unknowingly, when the Girl
Scouts purchased and occupied this building, they lost this status and it reverted to Neighborhood
Commercial District for only Permitted uses, as under City of Santa Monica Municipal Code Part
9.04.08.16 C2 Neighborhood Commercial District. Section 9.04.08.16.020 Permitted uses {r) Office and
meeting rooms for charitable, youth and welfare organizations, the Girls Scouts qualify as a permitted
use. This permanently prevents on a go-forward basis any other user other than a permitted use to
occupy this building, which is not suitable for retail business.
GSGLA desires to close this office due to its reorganization. They are hoping to sell this building as they
are in critical need for the proceeds from this sale to fund current Girl Scout programs that serve 67,000
members in the Greater Los Angeles area, and approximately 500 members located in the City of Santa
Monica. Not being able to sell to an office user due to the loss of this status for the ground floor has
made it impossible to sell this building.
GSGLA strongly believes this text amendment is warranted for the following reasons:
1. This location is in an office location with only other office buildings in the area. There is no
pedestrian retail traffic in this block.
2. There is no street parking along this section of Ocean Park Boulevard, and property has a red no
parking zone for the entire length of this. block which would not lend itself to retail or other
permitted uses.
3. GSGLA has only used this location for office and general administrative purposes. Retaining the
office use on the ground floor has no negative impact to the neighborhood. There would be no
additional traffic, noise, construction or parking as a result of allowing this to remain for office
use.
4. The loss of the ability to put an office user in this building has resulted in an unintended
negative consequence as GSGLA is now unable to sell or lease this building to the logical user, an
office tenant, resulting in a severe negative financial consequence for this non-profit group.
5. This proposed text amendment addresses/fixes the current negative impact on the value of the
non profit office space and the ability of non profit organizations to buy/sell/lease property that
falls into this "unintended consequences" category. If a property loses its status to be able to
lease to an office user on its ground floor because it is sold/ bought/ leased by a non profit or to
a nonprofit that only uses it for office use as well, this text amendment reestablishing the
property to prior use and removes any discrimination/unintended consequences to the non
profit.
6. This amendment supports the status quo and helps non profit organizations without impacting
any other users, residents, or companies in Santa Monica,