SR-10-23-2012-7D 410-005/802-003City Council Meeting: October 23, 2012
Agenda Item: 70
To: Mayor and City Council
From: David Martin, Director of Planning and Community Development
Subject: Introduction and First Reading of an Ordinance to Amend SMMC Section
9.04.08.12.060 Regarding Roof Top Structures on the Santa Monica Pier
in the RVC — Residential Visitor Commercial District.
Recommended Action
Staff recommends that the City Council introduce for first reading the attached
ordinance which would permit roof top structures that constitute a third story if they
support roof deck dining associated with restaurants on the landmarked Santa Monica
Pier.
Executive Summary
On August 15, 2012, the Planning Commission conducted a public hearing and
forwarded a recommendation to the Council that Section 9.04.08.12.060 be amended to
allow roof top structures that constitute a third story if they support roof deck dining
associated with restaurants on the landmarked Santa Monica Pier. The proposed
ordinance would allow accessory structures such as bathrooms, server stations,
elevator lobby areas and storage areas provided that certain criteria are met.
Background
The applicant, Romana Pier, LLC, is currently building a new restaurant within an
existing tenant space in the Billiards Building on the landmarked Santa Monica Pier.
The space was previously used as a cabaret/restaurant. As part of the tenant
improvement, the applicant is raising the ceiling height of the first floor, expanding the
mezzanine to create a full second floor and proposing to create a new roof deck outdoor
dining area.
The new restaurant would occupy the eastern portion of a multi- tenant building. The
restaurant would occupy both the first and second floors of the tenant space and the
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existing outdoor dining area along the south side of the building. In addition, a new roof
deck dining area, ground floor outdoor dining patio and a second floor outdoor dining
balcony are part of the approved layout. The restaurant's outdoor dining areas,
including the new roof deck, occupy approximately 26% of the total restaurant floor
area. The roof deck dining is accessed from the interior of the restaurant space.
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PROPOSED RESTAURANT FACADE
Discussion
Proposed Ordinance
The proposed ordinance would allow structures that support roof deck dining to be
permitted to exceed the maximum story limit of the Residential- Visitor Commercial
District on the Santa Monica Pier. Currently, the Zoning Ordinance permits vents, ducts,
skylights, mechanical equipment and enclosures, elevator shafts, and stairwells to
exceed the height limit in all zoning districts except the R1 District. Vents, ducts and
skylights cannot exceed 25% of the total roof area, while mechanical equipment and
enclosures cannot exceed 30 %. The applicant's proposed roof deck dining support
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structures would not exceed the 30 -foot maximum building height but would constitute
an additional story and would cover approximately 3% of the building's roof area.
The following language is proposed to be added to SMMC Section 9.04.08.12.060(a) as
paragraph (4)
Buildings on the Santa Monica Pier may be three stories in height
provided that the third story is comprised of structures that support roof top dining,
including, but not limited to, restrooms, server stations, elevator lobby areas and
service /storage areas provided the area of all such structures, including mechanical
equipment and enclosures and vents, ducts and skylights does not exceed fifty -five
percent of the total roof area and the total building height does not exceed the maximum
height of the district when including the roof -top dining support structures. Maximum
building height for the buildings on the pier shall be measured from the pier platform and
not Averaae Natural Grade (ANG).
The underlined text represents language that has been added
Analysis
The Santa Monica Pier is a unique location, with ocean, beach, sunset and Palisades
bluffs views. The Pier is an ideal location for roof top dining as the location allows dining
patrons to enjoy the natural landscape. The current maximum allowable height for
buildings on the Pier is two stories, which is intended to maintain the Pier's open
character and low scale building environment. However, to better support roof top
dining, additional enclosed areas such as restrooms, server stations, elevator lobby
areas, and service /storage areas are needed. These support areas cannot be
constructed on the roof of an existing two story building without the space being
classified as a third story.
The proposed ordinance improves the operation of roof deck dining areas on the Pier.
As proposed, the area of third story structures housing restaurant support space would
be limited to 55% maximum roof coverage, and would include vents, ducts, skylights
and mechanical equipment and enclosures. This, together with the requirement that the
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structures not exceed the maximum allowable district height of 30 -feet, would minimize
the perceived mass of the additional projections.
PROPOSED ROOF TOP DINING PLAN
TOTAL BUILDING ROOF AREA = 11, 461 SQ. FT.
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ROOF TOP DINING SUPPORT STRUCTURES (3.18 %)
MECHANICAL EQUIPMENT/DUCTS (5.88 %) = 1,038 SQ. FT.
(9.06% OF TOTAL ROOF AREA)
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The roof top dining support structures proposed by the applicant and the mechanical
equipment and ducts of the restaurant comprise approximately 9.06% of the total roof
area. The existing mechanical equipment area supporting the adjacent tenants, Rusty's
Surf Ranch and SM Pier Seafood, comprises another approximately 9.6% of the
building's total roof area, for a total of approximately 18.66°/x. There are currently no
other two -story buildings on the Pier which could add the same roof top dining
structures.
Commission Action
The Planning Commission considered the proposed amendment at its meeting on
August 15, 2012. At that time, the staff proposed amendment limited roof top dining
support structures to 25% of the total roof area. However, the Commission was
concerned that the proposed 25 %, when combined with the existing 30% of roof area
for mechanical equipment and 25% for vents, ducts and skylights, was too high and
would add mass to the building and clutter the roof tops. The Commission
recommended retaining the existing maximum roof area of 55% but allowing the roof
top dining structures provided these elements could comply with this limitation. The
staff recommendation has been revised to address this intent.
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 minor alteration in land
use limitations in an urbanized area with relatively flat topography. 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.
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Public Hearing
Notices of the City Council public hearings were published in the Santa Monica Daily
Press a minimum of 10 days prior to the hearing in accordance with City requirements.
Financial Impacts & Budget Actions
There is no immediate Budget/Financial impact to the policy decision.
Prepared by: Paul Foley, Principal Planner
Approved:
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David Martin, Director
Planning and Community Development
Attachments:
A. Proposed Ordinance
B. Project Plans
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Forwarded to Council:
Rod Gould
City Manager
ATTACHMENT A
PROPOSED ORDINANCE
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Council Meeting: October 23, 2012
ORDINANCE NUMBER (CCS)
(City Council Series)
Santa Monica, California
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SECTION 9.04.08.12.060 OF THE SANTA MONICA MUNICIPAL CODE
TO PERMIT ROOF TOP STRUCTURES THAT CONSTITUTE A THIRD STORY WHEN
USED IN CONJUNCTION WITH ROOF DECK RESTAURANT DINING ON THE
SANTA MONICA PIER IN THE RVC — RESIDENTIAL VISITOR COMMERCIAL
DISTRICT.
WHEREAS, the maximum allowable height for buildings in the Residential Visitor
Commercial District (RVC) on the Santa Monica Pier is two stories, 30 -feet in height,
which is intended to maintain its existing low scale building environment; and
WHEREAS, the Santa Monica Pier is a unique location, with the ocean, beach,
sunset and Palisades bluffs views that are enjoyed by all visitors that make the Pier an
ideal location for roof top dining so that dining patrons may more fully enjoy the natural
landscape; and
WHEREAS, however, there are certain structures needed to support roof top
dining, such as restrooms, server stations, elevator lobby areas, and service /storage
areas that cannot be constructed on an existing two story building since they would
constitute a third story addition, thus making the addition of roof top dining to two -story
buildings on the Pier impossible;
WHEREAS, current Zoning Ordinance provisions permit certain structures that
do not constitute a story such as vents, ducts, skylights, mechanical equipment and
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enclosures, elevator shafts, and stairwells among others to exceed the height limit in all
zoning districts except the R1 District, but vents, ducts and skylights cannot exceed
25% of the total roof area and mechanical equipment and enclosures cannot exceed
30% of the total roof area in order to reduce the mass and height of buildings; and
WHEREAS, therefore, an amendment to the Zoning Ordinance would be
necessary to permit roof top dining support structures on two -story buildings even if they
do not exceed the maximum height in the RVC district on the Pier of 30 -feet; and
WHEREAS, on April 26, 2012 an application for an amendment to the Zoning
Ordinance to permit roof top dining support structures on buildings on the Pier that did
not exceed the maximum height of 30 -feet but did constitute a third -story was filed with
the City; and
WHEREAS, on August 15, 2012 the Planning Commission forwarded a
recommendation to the City Council to approve a Zoning Ordinance modification to
permit such structures provided the structures along with all other roof top projections
including vents, ducts, skylights, mechanical equipment and enclosures, elevator shafts,
and stairwells among others do not exceed a total of 55 per cent of the total roof area;
and
WHEREAS, in forwarding the recommendation the Planning Commission found
the proposed Zoning Ordinance modification is consistent in principle with the goals,
objectives, policies, land uses, and programs specified in the adopted General Plan, in
that the text amendment is limited to the Santa Monica Pier and within the City's Beach
and Oceanfront District that serves the city and the region as a well -used public
recreation amenity; and
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WHEREAS, specifically, the proposed zoning modification is in keeping with City
Wide Goal LU18, which states that the Beach and Oceanfront is to be celebrated as the
City's most valuable natural, recreational and public asset and is further supported by
Policy D18.8 which encourages visitor - serving uses in commercial areas west of Ocean
Avenue between Colorado Avenue and Pico Boulevard. ;and
WHEREAS, roof top dining is consistent with this goal and policy in that dining
patrons may more fully enjoy the natural landscape, which includes the ocean, beach,
sunsets and the Palisades bluffs and upholds the goals and policies by allowing a
visitor - serving restaurant use with incidental roof deck dining service within a tenant
space that has been vacant for more than 10 years and would allow other two -story
spaces on the Pier to incorporate roof -top dining; and
WHEREAS, on October 23, 2012, the City Council considered the proposed
Zoning Ordinance amendment; and
WHEREAS, for the reasons stated above and as further detailed in the October
23, 2012 Council staff report, the proposed zoning modification is consistent in principle
with the goals, objectives, policies, land uses and programs specified in the adopted
General Plan; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
Section 1. SMMC Section 9.04.08.12.060 of the Santa Monica Municipal Code
is hereby amended to read as follows:
9.04.08.12.060 Property development standards.
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All property in the RVC District shall be developed in accordance with the
following standards:
(a) Maximum Building Height and FAR. Maximum building height, number
of stories and floor area ratio shall be determined as follows:
S
Table 9.04.08.12.060
MAXIMUM BUILDING HEIGHT AND FAR
(1) Properties Bounded
Maximum
Maximum
Maximum
by
Number
Height
FAR
the following Streets
of Stories
Pier Overlay:
a. Santa Monica Pier. The
Deauville site to the north,
Seaside Terrace to the
south, The Promenade to
the west, and Ocean
Avenue to the east, except
parcels fronting on Ocean
Avenue.
30'
2
1.0
b. Parcels fronting on
Ocean Avenue
30'
2
.5
c. Replacement of Sinbad'
s building only on the Santa
Monica Pier.
40'
3
1.0
d. Amusement rides on the
Santa Monica Pier.
85' for one Ferries Wheel;
55' for one Roller Coaster;
45' for all other amusement rides
West of Ocean Avenue
from Pico Boulevard to
Seaside Terrace (Ocean
Avenue Fronting Parcels
Only).
45'
3
2.0
East side of Ocean Avenue
to First Court from
Colorado Avenue to
California Avenue.
45'
3
2.0
For parcels located along
the Pacific Coast Highway
between the Santa Monica
Pier and the north City
limits.
23'
2
0.5
flat roof
Fable 9.04.08.12.060
MAXIMUM BUILDING HEIGHT AND FAR
roof
(2) As used in this Section, a "pitched roof' is defined as a roof with at least
two sides having no less than one foot of vertical rise for every three feet of horizontal
run. The walls of the building may not exceed the maximum height required for a flat
roof.
(3) There shall be no limitation on the number of stories of any hotel, parking
structure or Affordable Housing Project, as long as the height does not exceed the
maximum number of feet permitted in this Section. Maximum building height for the pier
platform shall be measured from the pier platform rather than average natural grade.
(4) Buildings on the Santa Monica Pier may be three stories in height
provided that the third story is comprised exclusively of structures that support roof top
dining, including but not limited to, restrooms server stations elevator lobby areas and
service /storage areas provided the area of all such structures, including mechanical
equipment and enclosures and vents, ducts and skylights does not exceed fifty -five
percent of the total roof area and the total building height does not exceed the maximum
height of the district when including the roof -top dining support structures. Maximum
building height for the buildings on the pier shall be measured from the pier platform and
not Average Natural Grade (ANG).
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(b) Maximum Unit Density. For parcels located along the Pacific Coast
Highway between the Santa Monica Pier and the north City limits, those parcels greater
than four thousand square feet, one dwelling unit for each fifteen hundred square feet of
parcel area is permitted. For parcels less than four thousand square feet, no dwelling
units shall be permitted except that one dwelling unit may be permitted if a single family
dwelling existed on the parcel on September 9, 1988. No more than one dwelling unit
shall be permitted on a parcel forty feet or less in width.
(c) Maximum Parcel Coverage. Seventy percent except that for parcels
located along the Pacific Coast Highway between the Santa Monica Pier and the north
City limits, the maximum parcel coverage shall be fifty percent.
(d) Minimum Lot Size. Five thousand square feet. Each parcel shall contain
a minimum depth of one hundred feet and a minimum width of fifty feet, except that
parcels existing on September 9, 1988, shall not be subject to this requirement.
(e) Front Yard Setback. (1) Thirty -five feet along the west side of Ocean
Avenue south of Colorado Avenue, twenty feet on the east side of Ocean Avenue south
of Colorado Avenue and five feet on all other streets, except that for parcels located
along the Pacific Coast Highway between the Santa Monica Pier and the north City
limits, the front yard setback shall be twenty feet or as shown on the Official Districting
Map, whichever is greater. (2) At least thirty percent of the building elevation above
fourteen feet in height shall provide an additional five -foot average setback from the
minimum required front yard setback.
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(f) Rear Yard Setback. Fifteen feet, except that for parcels located along the
Pacific Coast Highway between the Santa Monica Pier and the north City limits, the
beach rear yard setback shall be fifteen feet for parcels one hundred feet or less in
depth, fifty -five feet for parcels over one hundred feet in depth.
(g) Side Yard Setback. The side yard setback shall be determined in
accordance with the following formula, except for lots of less than fifty feet in width for
which the side yard shall be ten percent of the parcel width but not less than four feet:
5 + (stories x lot width)
6181
For parcels located along the Pacific Coast Highway between the Santa Monica
Pier and the north City limits, at least twenty -five percent of the side elevation above
fourteen feet in height shall provide an additional four -foot average setback from the
minimum side yard setback.
(h) Development Review. Except for projects listed in Section
9.04.10.14.050, a development review permit is required for any development of more
than seven thousand five hundred square feet of floor area and for any development
with rooftop parking. Square footage devoted to residential use shall be reduced by fifty
percent when calculating whether a development review permit is required.
(i) View Corridor. For parcels located along the Pacific Coast Highway
between the Santa Monica Pier and the north City limits, any structure with seventy feet
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or more of frontage parallel to the Pacific Coast Highway shall provide an unobstructed
view corridor between Pacific Coast Highway and the ocean. The view corridor shall be
a minimum of twenty continuous feet in width measured from the property line abutting
and parallel to Pacific Coast Highway and shall remain unobstructed by any structure or
portion thereof.
Q) Parking. For parcels located along the Pacific Coast Highway between
the Santa Monica Pier and the north City limits, uncovered parking may be located in
the front half of the parcel and within the required front yard setback.
(k) Pedestrian Orientation. Ground floor street frontage of each structure
shall be designed with pedestrian orientation in accordance with Section 9.04.10.02.440
of this Chapter
Section 6. 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 7. 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,
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or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
Section 8. 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 official
newspaper within 15 days after its adoption. This Ordinance shall become effective 30
days from its adoption.
APPROVED AS TO FORM:
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ATTACHMENT B
Electronic version of attachment is not available for review. Document is available for
review at the City Clerk's office and the libraries.
Additional attachments
available for review in the
City Clerk's Office.