Item 6-A

Planning Commission Mtg: June 21, 2000

TO: The Honorable Planning Commission

FROM: Planning Staff

SUBJECT: Conditional Use Permit 00-003

Address: 1423 Second Street/BSC-2

Applicant: Community Corporation of Santa Monica (CCSM)

Action: Application for a Conditional Use Permit to allow a 600 square foot office expansion at the ground floor level in that portion of the parcel between 25 feet and 41 feet from the front parcel line and a 36 square foot office expansion (entry corridor) within the front 25 feet of the parcel in an existing building within the BSC-2 portion of the Bayside Commercial District.

Recommendation: Denial

Permit Streamlining Expiration Date: August 3, 2000

The subject property is located on the east side of Second Street between Santa Monica Boulevard and Broadway, having a frontage of 50' on Second Street. Surrounding uses consist of a two story commercial building on the adjacent parcel to the north (BSC-2), a City parking structure on the adjacent parcel to the south with office and retail spaces on the ground floor level (BSC-2), one and two story commercial buildings across the alley to the east (BSC-1), and one to three story commercial buildings across Second Street to the west (BSC-4).

Zoning District: BSC-2 (Bayside Commercial District - 2)

Land Use District: Downtown Core

Parcel Area: 7,500 square feet

Proposed is a Conditional Use Permit to allow the 636 square foot expansion of an existing ground floor office use. The project would the close the existing rear alley entry and add a new front entry to serve the existing ground floor office tenant, Community Corporation of Santa Monica (CCSM). The office expansion area is 16 feet deep and 37.5 feet wide (600 square feet). An entry area 8 feet deep and 4.5 feet wide (36 square feet) would be located within the front 25 feet of the parcel where office uses are not permitted. A 45 square foot portion of the retail space would be eliminated when the existing wall and storefront glass are relocated to accommodate the proposed office entry corridor. The expanded entry area and the new entrance corridor will provide CCSM with improved pedestrian visibility. Santa Monica Municipal Code Section 9.04.08.15.04(2)(h) allows general office uses on the ground floor in that portion of a parcel between 25 feet and 75 feet from the front parcel line subject to a Conditional Use Permit.

The proposed project is not consistent with the Municipal Code, as a 36 square foot portion of the office expansion would be located within the front 25 feet of the parcel where office uses are not permitted. The project is not consistent with the General Plan, including the Bayside District Specific Plan, which require ground floor pedestrian oriented uses to enhance and reinforce the pedestrian oriented character of the District. The analysis section of this report discusses in detail the project’s inconsistency with the General Plan and the Bayside District Specific Plan.

Categorically exempt pursuant to Class 1(a) of the State CEQA Guidelines in that the new office use is considered a minor alteration to an existing public structure.

Commercial exempt

The project is not subject to any special fees.

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 City Planning 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 for the Conditional Use Permit was mailed to all owners and residential and commercial tenants of property located within a 500 foot radius of the project address at least ten consecutive calendar days prior to the hearing and to all applicable neighborhood groups and associations including the Bayside District Corporation and the Chamber of Commerce. A copy of the notice is contained in Attachment A. The Bayside District Corporation Board of Directors recommends approval of the application as proposed (Attachment F).

In 1991 the City Council approved Development Review 90-007 consisting of a five story, 31,775 square foot mixed use building with ground floor retail and upper story residences. In September, 1997 the City Council adopted Ordinance #1885 to modify the pedestrian oriented use requirement in the downtown to allow general office uses on the ground floor in that portion of a parcel between 25 feet and 75 feet from the front parcel line subject to a Conditional Use Permit. General office uses are allowed by right on the ground floor in the BSC District if located in the rear 75 feet of the parcel. This ordinance enabled the Planning Commission to subsequently approve Conditional Use Permit 97-013 in 1997, to allow CCSM to construct a 620 square foot office expansion located between 41 feet and 75 feet from the front parcel line inside the existing building.

The proposed Conditional Use Permit would allow a 600 square foot office expansion located between 25 feet and 41 feet from the front parcel line and a 36 square foot office expansion (entry corridor) within the front 25 feet of the parcel in an existing building. The 36 square foot portion of the expansion within the front 25 feet of the parcel cannot be approved by the Planning Commission as office uses are not permitted within the front 25 feet of parcels in the Bayside District. While the applicant has been advised of this issue, the applicant believes that the corridor should not be considered office space as it cannot be used for office activities. Staff recognizes all floor areas related to the operation of an office, whether corridors, hallways or waiting rooms, to be part of the larger office area use. The existing 3,460 square foot office space currently occupies the majority of the ground floor commencing at 41 feet from the front parcel line and extending to the alley.

The proposed ground floor office expansion is inconsistent with a number of Land Use Element (LUE) and Bayside District Specific Plan goals, objectives and policies. General Plan Land Use Element Policy 1.3.4 requires that a majority of ground floor street frontage on a block by block basis be active pedestrian-oriented uses (shop-fronts, cultural activities, cafes, and other uses catering to walk-in traffic) in order to promote pedestrian activity at the ground floor (Attachment E). Currently 45% (270 foot linear frontage) of Second Street’s east side 600 foot linear frontage and 63% (378 foot linear frontage) of Second Street’s west side 600 foot linear frontage are occupied by pedestrian oriented uses. The combined percentage of pedestrian oriented uses including the east and west side of Second Street is 54%. Therefore, while the 1400 block of Second Street is currently consistent with LUE Policy 1.3.4, increasing the size of the subject office space will strengthen the building’s office component. Further, reducing the retail area limit leasing options and, therefore, make the space more difficult to lease. The Plan requires Second Street to reinforce and complement the activity and uses located on the Promenade thorough a combination of pedestrian oriented and service related retail businesses. Limiting the size of ground floor office space is essential to facilitating pedestrian oriented uses on Second Street.

A key Specific Plan land use and zoning issue is increasing the retail component in the Plan area. This issue has been identified as a high priority by both City residents and area users. The Specific Plan also encourages uses that will generate pedestrian and expanded retail activity on Second and Fourth Streets. To accomplish this, the Specific Plan emphasizes the need for additional retail services. In addition, General Objective 3.2I requires the Plan to emphasize the need for additional retail services for area residents, office workers, as well as the visitor population. The expanded office use will reduce the size of the available retail space and limit the opportunity for a future retail or pedestrian oriented use. A small retail space will be less favorable for leasing by a pedestrian oriented type of use than a larger space. A 783 square foot retail space with a depth of 25 feet and a width of 33.5 feet would have limited area available for display and inventory storage, making the space more difficult to lease.

The Bayside District Specific Plan recognizes the central core of the City as the City’s primary shopping and entertainment area. The district is intended to accommodate the daily and special shopping needs of nearby and district residents, to serve as the outdoor destination point for both residents and visitors and to provide for new dining, entertainment and cultural facilities. Objective 4.1 of the Specific Plan recognizes the important role the Bayside District can play in making Downtown the activity focus of the City and, therefore, encourages the maintenance of existing facilities on the Third Street Promenade and the expansion of retail uses and urban design elements throughout the Bayside District.

The Specific Plan contains a number of policies that emphasize the importance of maintaining and requiring pedestrian oriented uses on the ground floor street frontage of Second and Fourth Streets. The Plan also encourages office uses in the District but above the first floor of structures. The objective is to promote the development of uses necessary to maintain the economic viability of the Bayside District, including retail and specialty commercial uses, eating establishments, entertainment facilities and professional offices. The larger goal is to direct office use above the first floor of structures and within the rear half of structures in order to facilitate the development of pedestrian oriented retail uses on the ground floor or in the front half of the ground floor of structures.

Specific Plan Policy 4.1.18 permits the division of the ground level of existing structures and to accommodate in their alley-facing portion, offices, service, or retail uses which are not pedestrian intensive. The objective is to preserve the majority of the ground level for intensive pedestrian oriented uses and allow for limited office uses within the rear portion of existing structures. The existing and proposed office expansion combined with the ground level entry and lobby area that serve the residential uses above the first floor, would occupy 89 percent of the ground floor space. The remaining 783 square foot retail space will constitute only 11 percent of the ground floor area of the existing building.

General Plan Land Use Element Policy 1.4.2 requires that the ground floor street frontage be devoted to pedestrian oriented uses on Second Street and Fourth Street between Broadway and Wilshire Boulevard. In order to promote ground floor pedestrian oriented uses, sufficient ground floor spaces should be made available for potential pedestrian oriented uses. Small spaces may not be conducive for viable retail uses. Thus, a small space may likely remain vacant.

Office uses may be appropriate on the ground floor in that portion of a parcel between 25 feet and 75 feet from the front parcel line if the retail space has substantial width (i.e. 100’). A 25 foot deep retail space may be acceptable if the width provides sufficient square footage to support viable pedestrian oriented uses. As proposed, the width of the subject retail space is 33.5 feet (measured from the interior face of walls) limiting and restricting retail display and inventory storage space. In addition, the proposal will result in a 36 square foot corridor area which would be located within the front 25 feet of the parcel further restricting the limited area available for a pedestrian oriented use.

The proposed Conditional Use Permit to allow a 600 square foot office expansion located between 25 feet and 41 feet from the front parcel line and a 36 square foot office expansion (entry corridor) within the front 25 feet of the parcel (where office use is not permitted) in an existing building will reduce the opportunity for a ground floor pedestrian oriented use in the subject building. Therefore, the project is not consistent with the objectives of the Bayside District Specific Plan which encourages pedestrian oriented uses on Second and Fourth Streets. In addition, the 36 square foot portion of the office, located within the front 25 feet of the parcel, is not consistent with the Municipal Code as office uses are not permitted within the front 25 feet of a parcel.

It is recommended that the Planning Commission deny CUP 00-003 to expand office use portion of the parcel between 25 feet and 41 feet of the front parcel line and to that portion of the parcel between the front parcel line and 25 feet of the front parcel line to accommodate an office entry corridor.

1. The proposed use does not comply with all of the applicable provisions of this Chapter because a 36 square foot (8’x4.5’) area, which will serve as the entrance corridor for the CCSM reception area, will be located between the front property line and 25 feet from the front property line where office uses are not permitted. Office uses are conditionally permitted only in that portion of the parcel between 25 feet and 75 feet from the front parcel line in the BSC-2 District.

2. The proposed use would impair the integrity and character of the District in which it is to be established or located, in that the expansion of the office use will substantially reduce the size of the space in the front portion of the building dedicated for a pedestrian oriented use. The use will effectively reduce the available retail space from 1,471 square feet to 783 square feet, making it less attractive for most types of retail uses. In addition, the small size of the retail space combined with the relatively narrow width (33.5’) and shallow depth (25’) would restrict the necessary display and inventory storage area of a retail operation. Without adequate display and retail area, the space could remain vacant and not contribute to the goal of increased pedestrian oriented activities.

3. The subject parcel is not physically suitable for the type of land use being proposed, in that the proposed office expansion will result in the reduction of the width of the retail space from approximately 37.5 feet to 33.5 feet (measured from the interior face of walls) in order to accommodate the office expansion. The limited width of the retail space combined with the 16 foot reduction in its depth, will render a small, 783 square foot, retail space. In order to encourage uses that will generate pedestrian activity on Second Street, it is necessary to limit the size of office expansions on parcels with narrow widths. Extending office uses further into the front portion of parcels maybe appropriate on wider parcels where sufficient square footage would remain for retail uses. In addition, the limited size of the parcel and the configuration of the existing development is not physically suitable for the proposal as the 36 square foot portion of the office entry corridor would be located within the front 25 feet of the parcel where office uses are not permitted.

4. The proposed use is not consistent with the goals, objectives, and policies of the General Plan, and the Bayside District Specific Plan in that the expansion of the existing office in that area of the parcel between 25 feet and 41 feet of the front parcel line would significantly reduce the size of the retail space. General Plan Land Use Element Policy 1.4.2 requires that the ground floor street frontage be devoted to pedestrian oriented uses on Second Street. General Plan Policy 1.3.4 further states that a majority of ground floor street frontage on a block by block basis be active pedestrian oriented use (shop-fronts, cultural activities, cafes, and other uses catering to walk-in traffic) in order to promote pedestrian activity at the ground floor. Specific Plan requires that the east side of Second Street reinforce and complement the activity and uses located on the Promenade through a combination of pedestrian oriented and service related business. Therefore, the expansion of the office use towards the front of the building and the resultant loss of retail area will not facilitate pedestrian oriented uses on the east side of Second Street as retail opportunities would be reduced. In addition only 45% of Second Street’s east side frontage is occupied by pedestrian oriented uses. The reduction of the retail space would limit the opportunity for increasing the pedestrian oriented uses on Second Street’s east side.

The Specific Plan encourages the expansion of retail uses and urban design elements throughout the Bayside District. The proposal would reduce the size of the existing retail area and consequently limit the expansion of retail uses. Specific Plan Policy 4.1.2 requires that ground floor street frontage be devoted to pedestrian oriented uses on Second Street. Policy 4.1.6 encourages development of offices above the first floor of structures throughout the Bayside District. The purpose of these policies is to provide for the development of uses that are necessary to maintain the economic viability of the Bayside District. Further, Specific Plan Policy 4.1.18 permits the accommodation of offices and other uses that are not pedestrian intensive in the alley-facing portions of existing structures. As proposed, only 11 percent of the ground floor of the existing building would be allocated for retail use. The remaining 89 percent of the ground floor of the subject building would be used for office and other non-retail uses. Therefore, the proposal is not consistent with the above policies, as adequate area for a viable retail use on the ground floor level will not be maintained. In addition, in order to promote ground floor pedestrian oriented uses, sufficient ground floor spaces need to be made available for potential pedestrian oriented uses. Small spaces may not be conducive for viable retail uses. A small 783 square foot space 25 feet deep and 33.5 feet wide could be difficult to lease because of its small size and limited area for display and inventory storage area.

5. The proposed use would be detrimental to the public interest, health, safety, convenience, or general welfare, in that the office use expansion would be inconsistent with Municipal Code as a 36 square foot portion of the office expansion will be located within the front 25 feet of the parcel where office use is not permitted. In addition, the project would be inconsistent with the objectives and goals of the Bayside District Specific Plan to require ground floor pedestrian oriented uses that enhance and reinforce the pedestrian oriented character.

Prepared by: Art Bashmakian, Project Planner

Attachments:

B.  Public Hearing Notice

C. Radius and Location Map

D. Photographs of Site

E. Floor Plans

F. Table Describing Uses on Second Street

G. Letter from Bayside District Corporation

H. Applicant’s Findings

The following tables describe the uses fronting 600 foot long Second Street between Broadway and Santa Monica Boulevard:

East Side of Second Street (600 foot total frontage)

Total 600’ 100%

Total Pedestrian Oriented Uses 270’ 45%

West Side of Second Street (600 foot linear frontage)

Total 600’ 100%

Total Pedestrian Oriented Uses 380’ 63%