ITEM 8-C
Council Mtg: May 23, 2000 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Recommendation to Adopt an Emergency Interim Ordinance to Modify Part 9.04.08.16 of Article IX of the Santa Monica Municipal Code Related to Allowable Uses and Development Standards in the C2 Neighborhood Commercial District on Montana Avenue.
INTRODUCTION
This report recommends that the City Council introduce for first reading an emergency interim ordinance to modify the allowable uses and development standards for the C2 Neighborhood Commercial district located along Montana Avenue. Staff recommends adoption of an emergency interim ordinance to allow for a comprehensive planning process to revise the development standards for the Montana Avenue commercial district.
BACKGROUND
On December 7, 1999, the City Council considered written communication and testimony from community organizations and concerned residents regarding increased business and development activity in the Montana Avenue neighborhood commercial district. Problems included inadequate parking for retail businesses with incidental food service; sidewalk intrusion from news racks, telephones and business activities including sidewalk dining; the lack of landscaping at building frontages; and development incompatible with the scale of the existing neighborhood commercial district and adjacent residential neighborhood.
The City Council directed staff to return with an interim ordinance to address the following issues:
(1) Incidental food service establishments;
(2) Floor Area Ratio (FAR);
(3) Discretionary review thresholds;
(4) Setbacks and landscaping along Montana Avenue.
The proposed interim ordinance is contained in Attachment A.
DISCUSSION
Incidental food service establishments
The Zoning Ordinance allows retail establishments such as coffee shops, bakeries and delicatessans to include seating for on-site consumption of food or beverages. These businesses are defined as incidental food establishments subject to the following restrictions: no orders are taken at tables or seats; total seating area is limited to 250 square feet, or 33% of the retail space, which ever is less; and no more than 20 seats are permitted. No additional off-street parking spaces are required for this use which is considered incidental and secondary to the primary retail business activity.
There are 19 business establishments along Montana Avenue that include incidental food service. The majority of these establishments are located within the 5 block area between 7th Street and 12th Street and in the 2 blocks between Euclid Street and 15th Street. Incidental food serving establishments are a neighborhood serving use that enhance Montana Avenue
=s pedestrian character by encouraging patrons to casually shop, walk, sit and enjoy pastry, coffee, juice and other deli-type fare. However, the community has raised concerns that the concentration of incidental food serving uses are contributing to the area=s parking and traffic congestion which result from a slower turnover of patrons and available parking spaces. The parking and traffic problems appear particularly acute in the multi-family district south of Montana Avenue since this area is fully developed with limited on-street parking available. Staff believes that the impacts of incidental food use require further analysis to determine the appropriate concentration of the use while ensuring Montana Avenue=s unique pedestrian character is maintained. Therefore, staff recommends that additional incidental food service establishments be prohibited on an interim basis until, through a public planning process, the appropriate number of such businesses for Montana Avenue is determined, together with any additional development standards needed to regulate the use.Floor Area Ratio
The Zoning Ordinance currently allows the following maximum floor area ratios (FAR) along Montana Avenue:
FAR if at Least Thirty Percent of Project is Residential, or if at Least Eighty Percent of the
Parcel Square Footage FAR project is a Grocery Store
0
B 7,500 0.75 0.757,501
B 15,000 0.50 0.7515,000
B 22,500 0.45 0.6522,501 and up 0.40 0.55
While development standards along Montana Avenue are the most restrictive commercial standards in the City, given the proximity to residential uses, the low scale character of the street, and the concern that recent development projects may not be consistent with the purpose and intent of a neighborhood commercial district, staff believes a reduction in development standards on an interim basis is warranted. The following is recommended:
FAR if at Least Thirty Percent of Project is Residential
Parcel Square Footage FAR
0
B 7,500 0.60 0.757,501
B 15,000 0.40 0.7515,001
B 22,500 0.35 0.6522,501 and up 0.25 0.55
These standards provide a 20% to 25% reduction in maximum permitted development. This would result in buildings with FARs that are more consistent with the typical FAR in the area, .60 or less. The greatest percentage reduction is recommended for the larger parcels. No FAR changes are recommended for projects where at least 30% of the project is residential. In order to encourage mixed use development, staff continues to support incentives for residential development in commercial districts. However, staff does not recommend that the interim ordinance retain the existing FAR incentive for grocery stores as this use is well represented on Montana Avenue.
Discretionary Review Threshold
The discretionary review threshold in the C2 district is currently 11,000 square feet. Any project exceeding this size requires Planning Commission approval of a Development Review permit. Recently approved projects in the area include a 2-story, 10,998 square foot building and a 2-story, 10,996 square foot building. Both projects are on an approximately 15,000 square foot parcel and just under the threshold for Planning Commission review. Although these projects are consistent with the Zoning Ordinance, the community has expressed concern that this size of development is out of character with the existing building scale and incompatible with the single family neighborhood to the north and multi-family neighborhood to the south.
The majority of parcels along Montana Avenue are 7,500 square feet or less. Based on the interim ordinance
=s recommended FAR, the maximum development on a 7,500 square foot parcel would be 4,500 square feet. Staff believes a 4,500 square foot development, which is less than half the size of recent projects approved on Montana Avenue, would not impact the intensity of uses or scale of development in the area. Development on sites 15,000 square feet or larger would likely result in projects that, at a minimum, are over 5,000 square feet. Additionally, 15,000 square foot sites could encompass two to three parcels, depending on the lot size. Staff believes the potential development size, could result in adverse impacts on the surrounding area. Therefore, in order to allow closer review of the location, size, massing, and placement of the proposed structure on the project site, the proposed emergency interim ordinance recommends a 5,000 square foot development review threshold. This reduced development review threshold will also facilitate greater public participation in the permit process for new development on Montana Avenue. Staff believes this is appropriate during a period when development standards are under revision in order to protect the area=s current scale of development.Setbacks and Landscaping
The Council directed staff to address increased landscaping at the commercial building frontages along Montana Avenue. The Zoning Ordinance currently requires that new development provide a landscape area equal in square footage to 1.5 times the street frontage of the building parcel. Staff believes this provision ensures development projects incorporate landscaping into the project design in a manner consistent with the City
=s pedestrian oriented policies and requirements. Specifically, Land Use Element Policy 3.3.3 states in part that Ato enhance the pedestrian scale and character of streets and areas most likely to attract large numbers of pedestrians, the City shall reinforce the urban character and enhance the pedestrian environment by requiring that the majority of buildings in the Downtown and neighborhood commercial districts be built to the Abuild-to line@. The purpose of the build-to line is to visually reinforce the building facade at the street level. In addition, the Land Use Element and Zoning Ordinance require pedestrian oriented uses and design at the street level in neighborhood commercial districts. Although some increase to public open space/landscaping requirements may be warranted to ensure sufficient area is provided for pedestrians while still accommodating amenities such as outdoor dining, street furniture, and newsstands, increasing landscaping requirements could result in buildings where landscaping becomes a barrier between the building and the street. This could adversely impact a building=s pedestrian oriented design in a manner inconsistent with the Land Use Element.Staff also met with representatives of NOMA, the Wilshire/Montana Neighborhood Association, and the Montana Avenue Merchants Association to better understand the concerns of these organizations. While increased landscape area was an issue identified, the more immediate concern was excess use of the public sidewalk to the degree that pedestrian use was impaired. In particular, the proliferation of sidewalk dining areas and the potential for outdoor newsstands on the public sidewalk could reduce the area available for pedestrian access, creating potential safety hazards and negatively impacting both business establishments as well as patrons.
Staff is not recommending changes to the front setback or landscaping requirements as part of the emergency interim ordinance. Instead, this issue will be addressed during the planning process to revise development standards for the Montana Avenue neighborhood commercial district. However, to address the immediate conflict between pedestrians and other uses along the sidewalk right-of-way identified by the neighborhood and merchant organizations, the emergency interim ordinance prohibits permit approval of any sidewalk dining areas and outdoor newsstands on the public sidewalk.
CONCLUSION
The proposed emergency interim ordinance is necessary to allow for a comprehensive planning process that will address the issue of development and over concentration of uses inconsistent with the pedestrian-oriented scale and character of the Montana Avenue neighborhood commercial district. Further, by reducing the maximum permitted FAR and lowering the discretionary review threshold, the emergency interim ordinance will ensure that new development in the area is compatible with the existing development scale and provides a sensitive transition between the commercial district and the neighboring residential areas.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report will have no budget or financial impacts.
RECOMMENDATION
It is respectfully recommended that the City Council adopt the emergency interim ordinance included in Attachment A.
Prepared by:
Suzanne Frick, Director
Jay M. Trevino, AICP, Planning Manager
Amanda Schachter, Principal Planner
Paul Foley, Associate Planner
Planning and Community Development Department
Attachment: