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SR 02-23-2016 11B City Council Report City Council Meeting: February 23, 2016 Agenda Item: 11.B To: Mayor and City Council From: David Martin, Director, Planning and Community Development, Development Services (PCD) Subject: Amendment to the Official Districting Map for 1419 19th Street Recommended Action Staff recommends that the City Council adopt a Resolution amending the Official th Districting Map for 1419 19 Street changing the zoning from Low Density Residential (R2) to General Commercial (GC). Executive Summary th During the update of the Zoning Ordinance in 2015, the parcel located at 1419 19 Street was identified as a parcel where the Land Use and Circulation Element (LUCE) land use designation was inadvertently changed from a commercial designation to a residential designation during the LUCE update. The Council consequently amended th the LUCE Map for 1419 19 Street returning it to a commercial designation; however, the zoning of the property on the Official Districting Map was not changed at that time. In order to make the zoning of the subject parcel consistent with the land use designation of the LUCE Map, the Official Districting Map needs to be amended changing the zoning of the property from Low Density Residential (R2) to General Commercial (GC). This report recommends that Council adopt a Resolution amending th the Official Districting Map for 1419 19 Street changing the zoning from R2 to GC. Background On May 12, 2015 (Attachment B), Council introduced for first reading an Ordinance to adopt a new Zoning Ordinance, new zoning and land use related chapters, and a new final Official Districting Map. Council also directed staff to commence procedures to th amend the LUCE Map designation of 1419 19 Street from a Low Density Residential designation to a General Commercial designation. This land use designation change would be consistent with the commercial zoning in existence at the time for the subject parcel and allow for the continued commercial use of the parcel. On June 3, 2015 (Attachment C), the Planning Commission voted to recommend to 1 of 4 th Council the adoption of a resolution to amend the LUCE Map for 1419 19 Street. On June 23, 2015 (Attachment D), the Council adopted a resolution approving the LUCE th Map amendment changing the land use designation of 1419 19 Street to General Commercial. However, the zoning of the property on the Official Districting Map was not changed at that time. In order to make the zoning of the subject parcel consistent with the land use designation of the LUCE Map, the Official Districting Map needs to be amended changing the zoning of the property from Low Density Residential (R2) to General Commercial (GC). The Planning Commission adopted a Resolution of Intention on November 18, 2015 (Attachment E) to consider this amendment to the Official Districting Map. On December 16, 2015 (Attachment F), the Planning Commission reviewed the proposed map amendment. The map amendment was technically denied as a motion to recommend approval of the map amendment failed by a vote of 3-3 with one Commissioner absent. Several Commissioners expressed concern that a commercially zoned property could result in a new medical office or auto dealership use on the subject site adjacent to residential uses to the south. Pursuant to Santa Monica Municipal Code (SMMC) Section 9.46.070(A), within 14 days after the Planning Commission action, the owner of the subject property filed a request for a hearing by the City Council on the proposed map amendment. Discussion thth 1419 19 Street is located on the east side of 19 Street south of Santa Monica Boulevard. A one-story commercial building is located adjacent to the north. Multi-unit residential buildings are located adjacent to the south and across an alley to the east. th An auto repair building is located across 19 Street to the west. The parcel is currently vacant but has historically been zoned and used commercially. Zoning maps dating back to 1960 show the subject parcel zoned commercially (C4). In 2 of 4 2007 the Planning Commission unanimously approved a hotel annex project for the site that, although was never constructed, supported the appropriateness of the parcel for a commercial project. Location and existing zoning - 1419 19 Street th Address APN Existing LUCE Existing Zoning Proposed Zoning Designation Change 1419 19 th St 4275009018 General Commercial Low Density General Commercial Residential (R2) (GC) th Council amended the LUCE Map designation of 1419 19 Street from a Low Density Residential designation to a General Commercial designation when it adopted the new Zoning Ordinance. However, the zoning of the property on the Official Districting Map was not changed at that time. The approved land use designation change is consistent with the commercial zoning in existence at the time for the subject parcel and allows for the continued commercial use of the parcel. The subject amendment to the Official th Districting Map will make the zoning of 1419 19 Street consistent with its existing land use designation. 3 of 4 Financial Impacts and Budget Actions There is no immediate financial impact or budget action necessary as a result of the recommended action. Prepared By: Tony Kim, Principal Planner Approved Forwarded to Council Attachments: A. Resolution Amending the Official Districting Map (with Exhibit) - 1419 19th St B. Planning Commission Meeting - June 3, 2015 C. City Council Meeting - June 23, 2015 D. Planning Commission Meeting - November 18, 2015 E. Planning Commission Meeting - December 16, 2015 F. City Council Meeting - May 12, 2015 G. Public comments H. Powerpoint 4 of 4 Add to 11-B 02/23/16 councilmtgitems From:Paula Larmore <plarmore@hlkklaw.com> Sent:Wednesday, February 17, 2016 4:13 PM To:councilmtgitems; Pam OConnor; Terry OÔDay; Gleam Davis; Kevin McKeown Fwd; Tony Vazquez; Ted Winterer; Sue Himmelrich Cc:David Martin; Jing Yeo; Tony Kim; Marsha Moutrie; Barry Rosenbaum; Denise Anderson-Warren Subject:Agenda Item 11.B: 1419 19th Street Zoning Map Clean-Up Amendment Attachments:CC.1001.PJL (ZO Clean Up Map Amendment) 2016.02.17.pdf Follow Up Flag:Follow up Flag Status:Flagged DearCouncilmembers, InadvanceofyourFebruary23 rd hearing,Ihaveenclosedaletterofsupportfor{ƷğŅŅ͸ƭrecommendationtoamendthe th ZoningMapdesignationfor141919StreettoGeneralCommercialconsistentwithitsLUCEMapdesignationandprior commercialzoning. Sincerely, tğǒƌğW͵\[ğƩƒƚƩĻ|AttorneyatLaw 1250SixthStreet,Suite200|SantaMonica,CA90401 hʹ(310)6564311|Cʹ(310)3923537|plarmore@hlkklaw.com bhL/9hC5L{wL.Lhb:Thisemailmessagecontainsinformationthatmaybeconfidentialandprivileged.Unless youaretheaddressee(orauthorizedtoreceivemessagesfortheaddressee),youmaynotuse,copyordisclosethis message(oranyinformationcontainedinit)toanyone.Ifyouhavereceivedthismessageinerror,pleaseadvisethe senderbyreplyemailanddeletethismessage.Nothinginthismessageshouldbeinterpretedasadigitalorelectronic signaturethatcanbeusedtoauthenticateacontractorotherlegaldocument. 1 Add to 11-B 02/23/16 (310) 656-4311 plarmore@hlkklaw.com February 17, 2016 VIA EMAIL DELIVERY Santa Monica City Council 1685 Main Street, Room 102 Santa Monica, CA 90401 th Re: 1419 19 Street Zoning Map Amendment Hearing Date: February 23, 2016 Agenda Item: 11.B Our File No. 22266.001 Dear Councilmembers, th I am writing on behalf of the owner of 1419 19 Street (the “Property”) in support th of Staff’s recommendation to amend the Zoning Map designation for 1419 19 Street to General Commercial consistent with its LUCE Map designation as General Commercial and its prior commercial (C4) zoning. As you may recall, the Property was inadvertently mapped residential during the 2010 LUCE process; last year the Council fixed the LUCE Map by changing the Property back to commercial. The item before you is to bring the Zoning Map into consistency with the LUCE. A. Consistency with LUCE Map The Property is designated General Commercial by the LUCE Map. Add to 11-B 02/23/16 Santa Monica City Council February 17, 2016 Page 2 Last year, the City Council voted to change this Property’s LUCE designation to General Commercial consistent with its prior commercial (C4) zoning. This change was consistent with the Council’s actions to generally change the lots that were inadvertently changed by the LUCE (both residential to commercial and commercial to residential) back to their pre-2010 LUCE district. As you are aware, the LUCE changed more than 100 lots from residential to commercial. This is one of very few situations where the Council deliberatively changed the LUCE map back to commercial from its interim 2010- LUCE residential designation to fix an inadvertent error in the 2010 LUCE map. th Amending the Zoning Map designation for 1419 19 Street to General Commercial will bring the Zoning Map into consistency with the LUCE Map as required by the LUCE and Zoning Ordinance. The purpose of the Zoning Ordinance is to implement the General Plan, including with respect to the LUCE’s land use classifications. (SeeLUCE p. 5.0-11 and SMMC §9.01.020.) And, the Zoning Ordinance explicitly states that the “Zoning Ordinance and any amendment thereto shall be consistent in principle with the goals, objectives, land uses, and programs specified in the adopted General Plan.” (SMMC §9.01.040(C)) The proposed amendment to the th Zoning Map designation for 1419 19 Street to General Commercial is necessary for the Zoning Map to be consistent with the LUCE Map. B. History of Commercial Zoning This Property has a long history of commercial (C4) zoning. The Property was zoned commercial on both the 1984 LUCE Map and 1988 Zoning Map. And, our review of pre-1984 zoning maps (from about the 1970s) shows the Property as commercial. We have not been able to find any prior zoning maps showing this Property’s zoning as residential. th Prior C4 Zoning for 1419 19 Street Add to 11-B 02/23/16 Santa Monica City Council February 17, 2016 Page 3 C. History of Commercial Use Although the Property is currently vacant, the City’s records (business license, rent control and building and safety) document that the structures that previously existed on the property were leased for non-residential purposes to several schools. And, the Rent Control Board determined that the previously existing structures were never used for rental housing purposes. In addition, in December 2007, the Planning Commission (including Gleam Davis, Julie Lopez Dad, Jay Johnson, Hank Koning, Terry O’Day, Gwynne Pugh and Jim Ries) unanimously voted to approve a hotel annex for the Best Western (which is located across the alley to the northeast) on this Property. Although this project was not constructed, the Planning Commission’s unanimous approval supports the appropriateness of this Property for General Commercial zoning. D. Retaining the R2 Zoning Would Limit the Number of Homes that can be Provided on the Site Retaining the R2 Zoning for the Property would be inconsistent with the Property’s LUCE designation and would unnecessarily restrict the number of housing units that could be built on the Property. The R2 zoning standards, including the four- unit cap, are intended to protect existing residential neighborhoods and serve as disincentives to demolishing existing rent controlled housing and replacing it with new market-rate housing. This disincentive has no applicability to the Property given that it is vacant and has never been developed with rent controlled housing. E. Appropriateness of General Commercial Designation and Zoning Ordinance Regulations for the General Commercial Zone Given the Property’s location and adjacent uses, General Commercial is the appropriate land use designation for the Property. The General Commercial designation is low scale with a maximum of two stories for commercial buildings and three stories for residential buildings. In addition, the 2015 Zoning Ordinance includes development standards (minimum 10 foot setback and upper level daylight plane/stepback requirements) to ensure any new development is respectful of and provides an appropriate transition to the existing two-story residential building to the south. Further, the vast majority of commercial uses require a conditional use permit in the General Commercial zone, which allows the City discretion to ensure any new development will be compatible with the neighborhood. Add to 11-B 02/23/16 Santa Monica City Council February 17, 2016 Page 4 In sum, we ask you to amend the Zoning map for the Property to General Commercial consistent with its LUCE map designation, prior commercial zoning, and the Staff’s recommendation. Sincerely, Paula J. Larmore cc: David Martin Jing Yeo Tony Kim Marsha Jones Moutrie Barry Rosenbaum Denise Anderson-Warren Morad Memarzadeh Add to 11-B 02/23/16 councilmtgitems From:Jacqueline Bowles <jacqui.bowles@gmail.com> Sent:Saturday, February 20, 2016 1:35 PM To:councilmtgitems Subject:1419 19th street zoning Dear Santa Monica City Council, I am resident who has lived in this neighborhood for many years. I have enjoyed this area as a residential/commercial mix. However, the recent growth of commercial development has begun to erode the the appeal of this my neighborhood. The traffic, the noise and the overall congestion are destroying what was once a nice mix. I strongly oppose the change from low density residential to general commercial. Jacqueline Bowles 1436 20th Street 1 Item 11.B CITY COUNCIL HEARING 1419 19Street th February 23, 2016 CITY COUNCIL February 23, 2016 Official Districting Map Amendment th 1419 19Street Item 11.B CITY COUNCIL HEARING 1419 19Street th February 23, 2016 829 1447 Recommend that the City Council adopt a Resolution th amending the Official Districting Map for 1419 19 Street changing the zoning from Low Density Residential (R2) to General Commercial (GC). Action BackgroundDiscussionConclusion Item 11.B CITY COUNCIL HEARING 1419 19Street th February 23, 2016 1419 19Street th •Existing vacant parcel 829 •Historically zoned Highway Commercial (C4) 1447 Background ActionDiscussionConclusion Item 11.B CITY COUNCIL HEARING 1419 19Street th February 23, 2016 •–Council directed staff to consider amending the May 2015 829 th LUCE Map designation of 1419 19St from Low Density Residential to General Commercial 1447 •–Commission voted to recommend to Council June 2015 adoption of resolution to amend LUCE Map •–Council approved resolution June 2015 •–Commission adopted Resolution of November 2015 Intention to consider Official Districting Map amendment •–Commission technically denied the map December 2015 amendment (3-3 vote) Background ActionDiscussionConclusion Item 11.B CITY COUNCIL HEARING 1419 19Street th February 23, 2016 Existing LUCE Proposed Zoning AddressAPNExisting Zoning DesignationChange 829 Low Density 1419 19 th St4275009018General CommercialGeneral Commercial (GC) Residential (R2) 1447 Discussion ActionBackgroundConclusion Item 11.B CITY COUNCIL HEARING 1419 19Street th February 23, 2016 Existing LUCE Proposed Zoning AddressAPNExisting Zoning DesignationChange 829 Low Density 1419 19 th St4275009018General CommercialGeneral Commercial (GC) Residential (R2) Discussion ActionBackgroundConclusion Item 11.B CITY COUNCIL HEARING 1419 19Street th February 23, 2016 829 Proposed Official Districting Map amendment for 1419 19 th 1447 Street from R2 to GC •Council direction •Consistent with LUCE Map designation •Consistent with historical commercial C4 zoning Conclusion ActionBackgroundDiscussion Item 11.B CITY COUNCIL HEARING 1419 19Street th February 23, 2016 829 1447 Recommend that the City Council adopt a Resolution th amending the Official Districting Map for 1419 19 Street changing the zoning from Low Density Residential (R2) to General Commercial (GC). Conclusion ActionBackgroundDiscussion Item 11.B CITY COUNCIL HEARING 1419 19Street th February 23, 2016 CITY COUNCIL February 23, 2016 Official Districting Map Amendment th 1419 19Street