Item 8-A
Planning Commission Meeting: April 23, 2003 Santa Monica, California
TO: The
Honorable Planning Commission
FROM: Planning Staff
SUBJECT: Conditional
Use Permit 02-027
Address: 3205 Ocean Park Boulevard`
Applicant:
Jeanne Axler, M.D.
INTRODUCTION
Action:
Application for Conditional Use Permit 02-027 to allow the conversion of an
existing 1,309 square-foot tenant space from general office use to medical
office. Medical offices require a CUP provided that the use does not exceed 25%
of the total square footage of the building or 3,000 square feet, whichever is
less. The proposal meets all applicable
development standards.
Recommendation: Approve with Conditions.
Permit Streamlining Expiration Date: May 6, 2003
SITE LOCATION AND DESCRIPTION
The subject property consists of two parcels
developed together on the north side of Ocean Park Boulevard between 32nd
Street and 33 Street. The main parcel
fronting on Ocean Park Boulevard and containing the existing office building
consists of 17,598 square feet of area and the adjacent parking lot consists of
7,998 square feet for a total of 25,596 square feet. The street frontages along
both Ocean Park Boulevard and 32nd Street each measure approximately160
feet. Surrounding uses to the north
consist of an adjacent one-story multi-family residential building in an R2
zone, followed by single-family residential uses in an R1 zone; large-scale
commercial office, restaurant, retail and health club uses in the Santa Monica
Business Park located in the C5 zone to the south across Ocean Park Boulevard;
and smaller scale commercial uses in the C2 zone to the east (another office
building) and west (auto repair, hotel, cafe).
The existing on-site multi-tenant commercial structure includes 10
suites currently approved for general offices.
Zoning
District: C2 (Neighborhood Commercial) District (Parking lot zoned R2)
Land
Use District: Neighborhood Commercial
Parcel Area:
160’ x 159.98’ = 25,596 sq. ft.
PROJECT DESCRIPTION
The applicant proposes to change the use of a 1,309 square foot tenant space from general office use to medical office use. The medical office space will include a lobby, a physical therapy room, two treatment rooms and associated office support area. The proposal involves interior tenant improvements and the issuance of a business license. No exterior changes are proposed. There are 55 parking spaces on the property, including 53 in a surface lot and two in an enclosed garage. The proposed use would be the only medical office in the building and represents 8% of the total floor area of the building. All other uses at the site have valid City business licenses. The parking requirement for all current uses is 52 parking spaces, increasing to 53 spaces to accommodate the proposed use. This requirement is met with the 55 parking spaces that are provided on-site.
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
The proposed project is consistent with the Municipal
Code and in conformity with the General Plan as shown in Attachment A.
CEQA STATUS
The project is
categorically exempt from the provisions of the California Environmental
Quality Act (CEQA) pursuant to Section 15301 (a), Class 1, of the State
Implementation CEQA Guidelines in that the proposed conversion of general
office use to medical office use is a negligible expansion of an existing use
which involves minor interior alterations, including interior partitions to an
existing building.
HISTORIC RESOURCES INVENTORY STATUS
The existing
building on the project site was constructed in 1973. The subject property is not listed on the Historic Resources
Inventory.
RENT CONTROL STATUS
Commercial Exempt.
FEES
The project is not subject to any special City Planning
related fees.
PUBLIC NOTIFICATION
Pursuant to Municipal
Code Section 9.04.20.20.080 and in accordance with the posting requirements set
forth by the Zoning Administrator, prior to application filing the applicant
posted a sign on the property regarding the subject application. At least 8 weeks prior to the public hearing
date, the applicant submitted a photograph to verify the site posting and to
demonstrate that the sign provides 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. A copy of the site posting photograph is
contained in Attachment B. 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 and published in the “California” Section of The Los Angeles
Times at least ten consecutive calendar days prior to the hearing. A copy of the notice is contained in
Attachment C.
On February 11, 2003, the applicant was notified by
phone and in writing of the subject hearing date.
The applicant has not reported meeting with any
neighborhood groups regarding this request.
The subject property is located within the boundaries of the Friends of
Sunset Park neighborhood organization.
Background
The applicant is requesting a Conditional Use Permit
to legalize the establishment of a medical office in a two-story 15,930 square
foot, commercial building with 10 tenant spaces. The building is designed around a small central courtyard, where
a second floor exterior balcony provides access to the upper level tenant
spaces. The subject tenant space is on
the second floor of the structure and does not include any street frontage. The
applicant, a medical doctor, leased the subject space, moved into the premises,
and on March 12, 2002, submitted an application for a City business license. On
March 24, 2002, the Planning Division determined that the license could not be
approved because a Conditional Use Permit is required for the use in a C2
zone. The license was denied on May 15,
2002. On October 29, 2002, the subject CUP application was filed, requesting
legalization of the medical office.
The subject building was constructed in 1973 per City
Building Permit records. A 700 square foot storage/garage structure was built
in 1979. The building is currently
occupied by several tenants that are classified as general office uses (see
Attachment F, page A1). With the
exception of the medical office, all of the uses have current business licenses
and there are no other medical uses in the existing building. The previous
legal use established within the subject tenant space was a general office
use.
The applicant has continued to operate a medical office
despite the denial of a business license and pending a decision regarding this
Conditional Use Permit application. A
Code Enforcement case file was opened on March 18, 2003, and further action
will be pursued pending the final decision regarding this application.
Conditional Use Permit
Medical and dental offices are permitted by right within the C3, C4, C5 and C6 Districts, but are subject to the approval of a Conditional Use Permit in the C2 District in order to protect and enhance the pedestrian-oriented character of neighborhood commercial areas. A maximum of 25% of the building area or 3,000 square feet, whichever is less, may be devoted to medical and dental offices.
The Conditional Use Permit findings aim to ensure
that a proposed use is physically suitable for its site and compatible with
other uses on the site as well as those on surrounding properties. The use must comply with the intentions of
the General Plan and must not impair the integrity and character of the
district or be detrimental to the public interest, health, safety, convenience,
or general welfare. Lastly, a proposed
use must comply with any specific performance standards in the Zoning Code and
must not result in over-concentration of the use in the general vicinity.
There are no specific performance standards in the
Zoning Code for medical uses in the C2 zone.
The proposed use would be the only medical use at the subject site. Business license records show that in the
surrounding blocks, between 3000 and 3400 Ocean Park Boulevard on the north
side of the street (C2 zone), there is one dental office, one physician’s
office, a chiropractor and ten psychotherapy offices. These uses are generally located in a
number of large office blocks located in these four blocks.
The following sections explain aspects of the
proposed project that show how it meets all of the Conditional Use Permit
findings.
Parking and Circulation
The proposed medical office is an intensification of use because it has a higher parking requirement than the previous general office use. While the 1,309 square-foot space required four parking spaces for general office use (1 space for every 300 square feet of floor area), five spaces are required for the medical office (1 space for every 250 square feet of floor area). The use may be permitted if a sufficient number of parking spaces are supplied on-site for all uses on the property, including the additional space for the proposed use.
In 1973, 54 surface parking spaces were provided for
the original office building. In 1979,
a building permit was obtained allowing construction of a garage/storage
accessory structure and allowing the removal of two of the 54 parking
spaces. Thus, the requirement for the
site with 100% general office uses is 52 spaces. Presently, there are 53 striped surface spaces and two additional
covered spaces in the garage.
The conversion of 1,309 square feet of space to
medical office increases the parking requirement to 53 spaces (see
calculations, Attachment A). The surface
parking lot and a two-car garage that opens into the surface lot on the subject
property provide a total of 55 parking spaces.
This exceeds the number of parking spaces required to meet the
requirements of all uses on the site, including the change of use to medical
office. Therefore, the project complies
with the parking requirement of the Zoning Code.
The existing parking lot provides adequate
circulation through two entrances on Ocean Park Boulevard and on 32nd
Street. The surface lot parking spaces
are all standard size except for one designated disabled space. All parking spaces are clearly marked and
provide wheel-stops as required by Code.
The applicant proposes to operate during normal
office hours, generally between 9:00 a.m. and 5:00 p.m., Monday through
Friday. The office would not be open on
Saturdays or Sundays.
Neighborhood Compatibility
The limitations on medical office uses in the C2
(Neighborhood Commercial) District are intended to prevent pedestrian-oriented,
neighborhood-serving uses from being replaced by medical uses, which are
appointment-based and generally not designed to enhance interest on the
street. However, these uses are not
completely excluded from the zone because in certain circumstances with limited
numbers of such uses, they may not negatively impact the neighborhood.
In this case, the proposed medical office is on the
second floor of an office building in a space that is not visible from the
street. As it is not a
pedestrian-oriented space, the change of use does impact the streetscape along
Ocean Park Boulevard. It is also the
only medical office in the building.
The existing medical uses in the surrounding area are small in number as
cited above and are also located in larger office buildings where they do not
impact the street’s pedestrian orientation.
Therefore, there is not an over-concentration of medical office uses in
the immediate facility.
Adequate parking is provided in the on-site surface
parking lot for staff and customers. The
low-scale multi-and single-family residential neighborhood to the north would
thus not be impacted by the proposed use.
The applicant serves some patients from the
surrounding area in her practice and in this way, the proposed medical office
is also a neighborhood-serving use.
Conclusion
The proposed use meets the requirements of the Zoning
Code and does not negatively impact the pedestrian-oriented nature of the north
side of Ocean Park Boulevard. All
required parking is provided on site, and the proposal meets the intentions of
the provision allowing for up to 25% of a building or 3,000 square feet,
whichever is less, to be occupied with medical office uses.
Other than the recommended action, the Planning
Commission may:
Approve 02CUP-027 based upon revised findings and
conditions;
Deny 02CUP-027 without prejudice, based upon revised
findings; or
Deny 02CUP-027 based upon revised findings.
RECOMMENDATION
It is recommended that the Planning Commission
approve Conditional Use Permit 02CUP-027, subject to the following findings and
conditions:
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 SMMC Section 9.04.08.16.040(d) allows medical, dental,
and optometrist offices subject to the approval of a Conditional Use Permit and
provided that the use does not exceed 25% of the total square footage of the
building, or 3,000 square feet, whichever is less. Furthermore, the proposed use complies with the Zoning Code’s
parking requirement for such uses and no other modifications to the building
are proposed.
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 proposed medical office is the only medical office in the
existing building and would comprise approximately 8% of the existing office
building. Therefore, the proposed medical office use would not sufficiently
change the nature of the building’s use.
Additionally, the office is on the second floor of the office building
and does not impact street activity or pedestrian orientation of any ground
floor uses along the street frontages.
3. The subject parcel is physically
suitable for the type of land use being proposed in that the proposal does not
involve any new construction and the existing building is adequately designed
and provides sufficient parking to accommodate the proposed medical office use.
4. The proposed use is compatible with
the general office uses presently on the subject parcel in that these are
typical office uses whose needs are presently accommodated by the existing
parking and amenities provided on the property. The additional needs of the
proposed medical office can be absorbed without impacting these office uses
because parking is provided to accommodate the intensification of use. The additional site utilization generated by
patient visitation is not expected to be high due to the medical office’s
relatively small size and limitation of two treatment rooms and one physical
therapy room.
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 intensification of
the tenant space from general office to medical office is not visible to
surrounding uses and requires only a negligible increase in parking demand of
one parking space that is provided on-site.
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
proposed change of use involves a minor alteration to a relatively small tenant
space and no increase in facilities are anticipated.
7. Public access to the proposed use
will be adequate, in that the existing parking lot has adequate access from
both Ocean Park Boulevard and from 32nd Street, and pedestrian access to the
building is provided both from Ocean Park Boulevard and from the parking lot.
8. The physical location or placement of
the use on the site is compatible with and relates harmoniously to the
surrounding neighborhood, in that the subject tenant space is on the second
floor of an existing building and no new construction is proposed.
9. The proposed use is consistent with
the goals, objectives, and policies of the General Plan, in that the
Neighborhood Commercial land use designation in which the property is located
is intended to protect and foster development of neighborhood-serving
commercial uses, defined as those uses providing goods and services that cater
to the daily or weekly needs of local residents. Although medical office uses are not considered to be
neighborhood-serving uses, Policy 1.7.1 requires the majority of ground floor
uses to be neighborhood serving, but states, “Other commercial and residential
uses shall be permitted above the ground floor or at the rear of a
parcel.” The proposed medical office
use is on the second floor in an office space that is not street-oriented, and
is consistent with this policy.
10. The proposed use would not be
detrimental to the public interest, health, safety, convenience, or general
welfare, in that the proposal meets all Code requirements, including the
provision of parking, and a medical office does not generally result in
negative health or public safety impacts that would be detrimental to the
public interest or general welfare.
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 Subchapter 9.04.12 does
not include any special performance standards for medical office use in the C2
Zoning District.
12. The proposed use will not result in an
over-concentration of such uses in the immediate vicinity, in that the proposed
medical use is the only such use on the property and would occupy only 8% of
the total floor area of the building.
Furthermore, in the 3000-3400 blocks of Ocean Park Boulevard, there are
13 other uses that are either medical uses or similar, such as psychotherapy,
which are generally located in large office buildings. These offices are
scattered throughout the office buildings in this area, with no more than four
offices in any particular building.
CONDITIONS
Plans
1. This approval is for those plans
date-stamped as received on January 6, 2003, 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. Final parking lot layout and
specifications shall be subject to the review and approval of the
Transportation Management Division.
4. 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.
Environmental Mitigation
5. Ultra-low flow plumbing fixtures are
required on all new development and remodeling where plumbing is to be
added. (Maximum 1.6 gallon toilets and
1.0 gallon urinals and low flow showerhead.)
6. To mitigate solid waste impacts, prior
to issuance of a Certificate of Occupancy, project owner shall submit a
recycling plan to the Department of Environmental and Public Works Management
for its approval. The recycling plan
shall include 1) list of materials such as white paper, computer paper, metal
cans, and glass to be recycled; 2) location of recycling bins; 3) designated
recycling coordinator; 4) nature and extent of internal and external pick-up
service; 5) pick-up schedule; 6) plan to inform tenants/ occupants of service.
Validity of Permits
7. 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.
8. 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 City Planning Division. Failure to comply with this condition shall
constitute grounds for potential permit revocation.
9. 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 if
the rights granted are not exercised within one year from the permit’s
effective date. Exercise of rights
shall mean actual commencement of the use granted by the permit. One six-month extension 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 changed since project approval. Additionally, the rights associated with
this approval shall expire if the establishment ceases operation for a period
of one year or longer.
Miscellaneous Conditions
10. The permitted hours of operation for
the medical office shall be limited to Monday through Friday from 8:00 a.m. to
5:00 p.m. only.
11. 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.
12. No exterior activities such as
deliveries, trash disposal or other maintenance activities generating noise
audible from the exterior of the building shall be conducted between 6:00 p.m.
and 8:00 a.m. Monday through Friday. No
such activities shall occur on Saturday and Sunday when the medical office is
closed.
13. Prior to issuance of a Business
License, the applicant shall post a notice at the entry to the medical office
stating that the site is regulated by a Conditional Use Permit and that the
Statement of Official Action, which includes the establishment’s conditions of
approval, is available upon request.
This notice shall remain posted at all time the establishment is in
operation.
Prepared by: Elizabeth Bar-El, AICP, Associate Planner
Attachments:
A. Municipal Code and General Plan
Conformance
B. Site Posting Photo
C. Notice of Public Hearing
D. Radius and Location Map
E. Photographs of subject building
F. Plot Plan, Floor Plans
ATTACHMENT A
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
|
CATEGORY |
LAND USE
ELEMENT |
MUNICIPAL
CODE |
PROJECT |
|
Permitted
Use |
Neighborhood
Commercial |
Medical, dental, and optometrist offices subject to the approval of a Conditional Use Permit and provided that the use does not exceed 25% of the total square footage of the building, or 3,000 square feet, whichever is less. 15,939 x .25 = 3984.75 sq.
ft. Therefore, 3,000 square feet is
the maximum floor area permitted. [SMMC 9.04.08.16.040(d)] |
1309
square feet of medical office. The
proposed use is the only medical office in the building. Project
complies subject to CUP approval. |
|
% Walls
Demolished |
N/A |
|
No
proposal to demolish walls. |
|
% Sq. Ft.
Added |
N/A |
|
No
additional floor area is proposed. |
|
Parking
Access |
Alley
access is encouraged when alley exists. |
Alley
access is required when alley exists, with exceptions per Sec.
9.04.10.08.080. |
No alley
access. Parking access exists from
both Ocean Park Boulevard and 32nd Street. |
|
Parking
Space Number Compact
Parking |
N/A |
Medical
and dental offices and clinics 1,000 square feet or greater: 1
space for each 250 square feet of floor area 1,309 / 250 = 5.236 or 5
spaces General Office uses: 1 space for each 300 square
feet of floor area. 1309 / 300 = 4.36 or 4
spaces Ž 1 additional space required. Per Building
Permit (1979): 52 spaces required. Total
required: 52 + 1 =
53 parking spaces 40% of total parking requirement may be compact spaces. [SMMC
9.04.10.08.040] |
The
project site contains 55 parking spaces.
53 spaces are in an existing surface lot and two are in an enclosed
garage. No re-striping is
necessary. Complies with Zoning Code. All
parking spaces provided are regular spaces. |