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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 1 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. kvb- j' Cry 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 2 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 3 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. u u t a r � m b x I ROOF TOP DINING SUPPORT STRUCTURES (3.18 %) MECHANICAL EQUIPMENT/DUCTS (5.88 %) = 1,038 SQ. FT. (9.06% OF TOTAL ROOF AREA) 12 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. 5 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: ,>7,—k - PLJ—Z_, David Martin, Director Planning and Community Development Attachments: A. Proposed Ordinance B. Project Plans 9 Forwarded to Council: Rod Gould City Manager ATTACHMENT A PROPOSED ORDINANCE 7 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 1 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 oil 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. 3 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). 0 (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. 7 (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 0 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, 9 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: All j e_ im 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.