Santa Monica, California
Planning Commission Mtg: May 18, 1994
TO: The Honorable Planning Commission
FROM: Planning Staff
SUBJECT: Conditional Use Permit 94-004
Variance 94-006
Address: 1323 Ocean Avenue
Applicant: K. Momdjian Associates, L.P.
INTRODUCTION
Action: Conditional Use Permit for change of use from
residential to office use and Variance for the reduction of
required parking for the change of use for a designated City
landmark site.
Recommendation: Approval of the Conditional Use Permit to permit
change of use and Variance for reduction of parking.
Permit Streamlining Expiration Date: October 11, 1994
SITE LOCATION AND DESCRIPTION
The subject property is a 7500 square foot parcel located on the
east side of Ocean Avenue between Arizona Avenue and Santa Monica
Boulevard having a frontage of fifty feet. Surrounding uses
consist of Shangri-La hotel and office uses (RVC) to the north,
and multi-family residential and office uses (RVC) to the south,
a commercial parking lot (C3) to the east, and the Palisades Park
(DP with Beach Overlay) to the west. Existing on-site uses
include two residential units.
Zoning District: Residential-Visitor Commercial (RVC)
District
Land Use District: Oceanfront Special District
Parcel Area: 50' X 150' = 7,500 square feet
PROJECT DESCRIPTION
The applicant is requesting a Conditional Use Permit to allow the
conversion of the existing residential use to office use and a
Variance to allow the reduction of required parking for the
change of use. The proposed project site is a designated City
landmark known as the Gussie Moran House, which has been
completely restored by the owner.
CEQA STATUS
The project is categorically exempt from the provisions of CEQA,
pursuant to Class 1 - (21 and 25 ) of the City of Santa Monica
Guidelines for Implementation of CEQA.
RENT CONTROL STATUS
The proposed project is commercially exempt and the existing
units are not recorded with Rent Control.
FEES
The project is not subject to any special Planning and Zoning
related fees.
PUBLIC NOTIFICATION
Pursuant to Municipal Code Section 9.04.20.20.080, within 30 days
after the subject application was deemed complete, the applicant
posted a sign on the property stating the following information:
Project case number, brief project description, name and
telephone number of applicant, site address, date, time and
location of public hearing, and the Planning and Zoning Division
phone number. It is the applicant's responsibility to update the
hearing date if it is changed after posting.
In addition, pursuant to Municipal Code Section 9.04.20.22.050,
notice of the public hearing was mailed to all owners and
residential and commercial tenants of property located within a
500 foot radius of the project at least ten consecutive calendar
days prior to the hearing. A copy of the notice is contained in
Attachment B.
ANALYSIS
Background
The Gussie Moran House and site was designated a City landmark on
January 27, 1987. The Gussie Moran House and site is one of only
twenty five designated City landmarks in Santa Monica. Since
the landmark designation, the Gussie Moran House, the Carriage
House and landscaping have been fully restored. The applicant
is currently trying to lease the property while retaining the
historical elements and preserving the significance of the
property. To facilitate this effort, the applicant has requested
a Conditional Use Permit to allow the conversion of the existing
residential uses to office use and a Variance to allow the
reduction of required parking for the proposed office use.
Parking and Circulation
The applicant currently has 4 parking spaces for the existing
residential units which are provided in the Carriage House at the
rear of the subject site. The proposed project requires 13
parking spaces for office use. The applicant has requested a
Variance to allow the reduction of the required 13 parking spaces
to 4 parking spaces.
According to the applicant, given the number of employees
anticipated for the site, the existing four parking spaces are
sufficient. The applicant has agreed to provide transportation
demand management measures intended to reduce employee parking
needs. These include providing one parking space for each
employee who drives to work. Any additional parking spaces
needed shall be provided by leasing parking within 1,000 feet of
the subject site. Further, the proximity of public parking
structures #2 and #4 located to the east of the subject site will
satisfy the limited demand for visitor parking. The
transportation demand management measures are identified in
Conditions 15 and 16.
Neighborhood Compatibility
The proposed conversion of residential to office use is
compatible with the neighborhood and will not effect the
historical significance of the subject site. The proposed
project is compatible with the office, commercial and multi-
family uses in the area. The conversion of an older residential
structure to a commercial use is consistent with the current
function of other similar structures on this block of Ocean
Avenue.
Municipal Code Compliance
Absent approval of the Conditional Use Permit and Variance, the
proposed project is inconsistent with the requirements of the
Santa Monica Municipal Code (SMMC) and conforms with the General
Plan as shown in attachment A. The Parking Section of the SMMC
requires 13 parking spaces.
Although the project is inconsistent with the parking
requirements of the SMMC, staff believes that the proposed
project is consistent with the intent of the ground floor office
location requirement. Ground floor office use at the street
frontage is prohibited in the RVC District in order to encourage
more active, pedestrian oriented uses that are compatible with
the recreational character of the district. However, because the
proposed project ground floor office use would be located 46 feet
from the street frontage, which is also 26 feet beyond the
required 20 foot front yard setback, the office use is not
technically at the "street frontage". Given the location of the
landmark structure, the inclusion of an office use at the ground
floor neither detracts from nor enhances the site's pedestrian
orientation. The site's pedestrian orientation results from the
landmark property's architectural significance. In addition, the
proposed office use is consistent with existing ground floor
office uses north and south of the subject site.
The Parking Section of the SMMC requires one parking space for
each 300 square feet of office use. The proposed project would
require 13 parking spaces without the approval of a Variance to
reduce the required parking. Staff believes the existing 4
parking spaces for employees, the close proximity of public and
private parking facilities, public transit and the transportation
management measures identified in Conditions 15 and 16 will
satisfy the parking needs of the proposed office use.
Conclusion
In that the proposed office use is consistent and compatible with
the neighborhood and surrounding uses and will provide for a use
that preserves the historic significance of a City landmark, and
that the conditions of approval ensure that adequate parking will
be available to support the office use, staff recommends that the
Planning Commission approve the change of residential use to
office use and allow the reduction of parking required for the
change of use.
RECOMMENDATION
It is recommended that the Planning Commission approve
Conditional Use Permit 94-004 to allow the conversion of
residential uses to office use and Variance 94-006 to allow the
reduction of parking spaces required for the change of use.
VARIANCE FINDINGS
1. There are special circumstances or exceptional
characteristics applicable to the property involved,
including size, shape, topography, location, or
surroundings, or to the intended use or development of the
property that do not apply to other properties in the
vicinity under an identical zoning classification, in that
the four existing parking space for the City landmark site
combined with the close proximity of public and private
parking facilities and public transit will meet the parking
needs of the office use.
2. The granting of such variance will not be detrimental or
injurious to the property or improvements in the general
vicinity and district in which the property is located, in
that on-site parking will be adequately provided for
employees and visitors may use private and public parking
lots located to the east of the site. Per the project
conditions of approval, any additional parking needed for
employees shall be secured through a rental, lease or
license agreement in parking facilities located within
1,000 feet of the subject site.
3. The strict application of the provisions of this Chapter
would result in practical difficulties or unnecessary
hardships, not including economic difficulties or economic
hardships, in that, given the configuration of structures
on site, it is physically impossible to add the additional
nine parking spaces required by code.
4. The granting of a variance will not be contrary to or in
conflict with the general purposes and intent of this
Chapter, or to the goals, objectives and policies of the
General Plan, in that the Variance would allow the
reduction of required parking spaces while ensuring,
through the conditions of approval, that adequate employee
parking is secured off-site.
5. The variance would not impair the integrity and character
of the district in which it is to be located, in that any
needed off-site parking will be secured at existing parking
facilities within 1,000 feet of the subject site.
6. The subject site is physically suitable for the proposed
variance, in that four parking spaces exist on the site and
that any additional parking needed must be secured in
parking facilities located within 1,000 feet of the subject
site.
7. There are adequate provisions for water, sanitation, and
public utilities and services to ensure that the proposed
variance would not be detrimental to public health and
safety, in that subject site is developed and contains
access to all relative infrastructure necessary for office
use.
8. There will be adequate provisions for public access to
serve the subject variance proposal, in that the employee
parking will be provided on-site or leased off-site and any
needed visitor parking is available at public parking
structures that are accessible from the site.
9. The strict application of the provisions of Chapter 10 of
the City of Santa Monica Comprehensive Land Use and Zoning
Ordinance would result in unreasonable deprivation of the
use or enjoyment of the property, in that the required
parking would not allow office use on the subject site.
CONDITIONAL USE PERMIT FINDINGS
1. The proposed use is one conditionally permitted within the
subject district and complies with all of the applicable
provisions of the "City of Santa Monica Comprehensive Land
Use and Zoning Ordinance", in that the proposed project is
a ground floor office use setback 46 feet from the street
frontage.
2. The proposed use would not impair the integrity and
character of the district in which it is to be established
or located, in that the existing structure is a designated
City landmark and its conversion to office space is
compatible with the mixed commercial, office and multi-
family neighborhood.
3. The subject parcel is physically suitable for the type of
land use being proposed, in that the existing structure
has been located at the project site for nearly 100 years
and that similar adjacent structures have also been
converted to office use.
4. The proposed use is compatible with any of the land uses
presently on the subject parcel if the present land uses
are to remain, in that office use is permitted in the RVC
District and is compatible with existing commercial and
office uses in the neighborhood that are also located at
the ground floor.
5. The proposed use would be compatible with existing and
permissible land uses within the district and the general
area in which the proposed use is to be located, in that
the office use is compatible with the surrounding
commercial, office and multi-family uses in the area.
6. There are adequate provisions for water, sanitation, and
public utilities and services to ensure that the proposed
use would not be detrimental to public health and safety,
in that the Gussie Moran House has been recently restored
and the Carriage House is new construction and both are
adequately served by the infrastructure.
7. Public access to the proposed use will be adequate, in that
the site is adequately served by existing streets and
alleys.
8. The physical location or placement of the use on the site
is compatible with and relates harmoniously to the
surrounding neighborhood, in that office use in the
existing structures of a City landmark site is compatible
with the commercial and multi-family uses in the
neighborhood.
9. The proposed use is consistent with the goals, objectives,
and policies of the General Plan, in that the allowance of
office use at the site will not alter the residential
appearance of the Landmark structure and will be compatible
with the recreational and residential character of the
Oceanfront District in the Land Use Element of the General
Plan.
10. The proposed use would not be detrimental to the public
interest, health, safety, convenience, or general welfare,
in that the office use will occur in an existing structure
that is a City landmark.
11. The proposed use conforms precisely to the applicable
performance standards contained in Subchapter 9.04.12 and
special conditions outlined in Subchapter 9.04.14 of the
City of Santa Monica Comprehensive Land Use and Zoning
Ordinance, in that no special performance standards are
required and that the proposed project CUP would allow an
office use at the ground floor that is setback 46 feet from
the street frontage in the Resident-Visitor Commercial
district and a variance for the reduction of required
parking is required.
12. The proposed use will not result in an overconcentration of
such uses in the immediate vicinity, in that the proposed
project office use is located in a mixed use commercial and
multi-family residential area.
CONDITIONS
Plans
1. This approval is for those plans dated 04/12/94, a copy of
which shall be maintained in the files of the City Planning
Division. Project development shall be consistent with
such plans, except as otherwise specified in these
conditions of approval.
2. The Plans shall comply with all other provisions of Chapter
1, Article IX of the Municipal Code, (Zoning Ordinance) and
all other pertinent ordinances and General Plan policies of
the City of Santa Monica.
3. Minor amendments to the plans shall be subject to approval
by the Director of Planning. A significant change in the
approved concept shall be subject to Planning Commission
Review. Construction shall be in conformance with the
plans submitted or as modified by the Planning Commission,
Architectural Review Board or Director of Planning.
Landmarks Commission
4. Prior to consideration of the project by the Landmarks
Commission, the applicant shall review disabled access
requirements with the Building and Safety Division and make
any necessary changes in the project design to achieve
compliance with such requirements. The Landmarks
Commission, in its review, shall pay particular attention
to the aesthetic, landscaping, and setback impacts of any
ramps or other features necessitated by accessibility
requirements.
5. Plans for trash enclosures and signage shall be subject to
review and approval by the Landmarks Commission.
Miscellaneous Conditions
6. The operation shall at all times be conducted in a manner
not detrimental to surrounding properties or residents by
reason of lights, noise, activities, parking or other
actions.
7. No medical office use shall be permitted at the site.
8. Street and/or alley lighting shall be provided on public
rights-of-way adjacent to the project if and as needed per
the specifications and with the approval of the Department
of General Services.
Validity of Permits
9. In the event permittee violates or fails to comply with any
conditions of approval of this permit, no further permits,
licenses, approvals or certificates of occupancy shall be
issued until such violation has been fully remedied.
10. Within ten days of Planning Division transmittal of the
Statement of Official Action, project applicant shall sign
and return a copy of the Statement of Official Action
prepared by the Planning Division, agreeing to the
Conditions of approval and acknowledging that failure to
comply with such conditions shall constitute grounds for
potential revocation of the permit approval. By signing
same, applicant shall not thereby waive any legal rights
applicant may possess regarding said conditions. The
signed Statement shall be returned to the Planning Di-
vision. Failure to comply with this condition shall
constitute grounds for potential permit revocation.
11. This determination shall not become effective for a period
of fourteen days from the date of determination or, if
appealed, until a final determination is made on the
appeal. Any appeal must be made in the form required by
the Zoning Administrator. The approval of this permit
shall expire one year from the permit's effective date
unless the rights granted herein are exercised. One three-
month extension of the one year period may be permitted if
approved by the Director of Planning. Applicant is on
notice that time extensions may not be granted if
development standards relevant to the project have become
more restrictive since project approval. Further, this
approval shall expire if there are no office uses on the
site for more than one year.
Special Conditions
12. The four existing parking spaces must be maintained on-site
at all times.
13. Whenever the Main House (originally constructed as a single
family residence and consisting of approximately 2,820
square feet) is used as a residence, then at least two on-
site parking spaces shall be reserved for the Main House.
14. Whenever the Carriage House (added in approximately 1989
and consisting of approximately 1,780 square feet) is used
as a residence, then at least two on-site parking spaces
shall be reserved for the Carriage House.
15. Whenever any portion of the property is used for commercial
offices, then at least one (1) parking space shall be
provided for each employee who drives a motor vehicle to
work at the property. If greater numbers of parking spaces
are required for office employees than are available on-
site, then the property owner or commercial tenant shall
own, rent, lease or license the number of additional
parking spaces needed to satisfy this condition within
1,000 feet of the project site.
16. Owner shall institute parking demand management measures
for commercial tenants of the property. Such measures
shall be intended to reduce parking by employees. Such
measures may include, but are not limited to, the
following: (A) Education and marketing to alert commercial
tenants and their employees to available alternative means
of transportation; (B) Ensuring that bus schedules are
readily available to employees; (C) Making bus tokens and
passes available to employees at a 50% discount; and (D)
Installing bike racks and making showers and lockers (or
closets) available to employees. Parking need not be
provided for any employee who does not regularly drive a
motor vehicle to work.
Prepared by: Patrice McCartney, Associate Planner
Attachments:
A. Municipal Code and General Plan Conformance
B. Notice of Public Hearing
C. Radius and Location Map
D. Photographs of Site and Surrounding Properties
E. Plot Plan, Floor Plans