TO:
Honorable Mayor and Members of the City Council
THROUGH:
Mark Danaj, City Manager
FROM:
Marisa Lundstedt, Community Development Director
Laurie Jester, Planning Manager
SUBJECT:Title
Council Consideration of a Clarification for a Previously Approved Hardship Exemption from the Downtown IZO for a Change of Use for a Retail Use to Occupy a Vehicle Repair Space, to Temporarily Allow a Portion of the Retail Use to Partially Occupy the Café area on the Highland Streetfront at 1140 Highland Avenue (Community Development Director Lundstedt).
APPROVE
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Recommended Action
RECOMMENDATION:
Staff recommends that the City Council approve the Hardship Exemption clarification to temporarily allow a portion of the approved retail use to partially occupy the café area on the Highland Avenue streetfront at 1140 Highland Avenue, for a period not to exceed 8 months.
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FISCAL IMPLICATIONS:
There are no known fiscal implications to the City of Manhattan Beach with the recommended action.
BACKGROUND:
An Interim Zoning Ordinance (IZO) was adopted in July 2014, extended in August 2014, and extended again on July 7, 2015 (Attachment 2) as an Urgency Ordinance for the Downtown area. The IZO will expire on July 15, 2016. The IZO, Ordinance No. ORDU 15-0017, is a “time-out” and does not allow a change from one use classification to another. The purpose of the IZO is to maintain the status quo of uses in the Downtown while the area is being studied and new guidelines and regulations are developed. The IZO allows for a Hardship Exemption as stated in Section 5.
A Hardship Exemption for this location was approved on June 16, 2015 to allow a retail use to occupy a portion of the auto repair space, off of Center Place. The vacant Highland Avenue restaurant-café space will be reconfigured and remodeled and an addition will connect the café with the new retail space. A portion of the retail space will flow into the café, tying the spaces together.
DISCUSSION:
Section 5 of the IZO allows review of a Hardship Exemption if an application is filed in writing, contains all documentation to support the hardship claim, and it is filed 30 days in advance of a regular meeting of the City Council. The Ordinance states “…The City Council shall grant a hardship exemption upon making a finding that denial of the exemption and enforcement of this Ordinance against the applicant’s property would result in the applicant being deprived of all economically viable use of the property. The City Council may consider other factors in order to determine hardship.”
Attachment 1 is the letter from the business owner and the property owner requesting a clarification of the previously approved Hardship Exemption to allow the Highland streetfront portion of the café space to temporarily be used for retail. This phased approach will allow the business to operate through the summer and to the end of the year, about 6 to 8 months, using about 650 square feet of the approximate 950 square foot streetfront café space for retail use. The auto repair space off of Center Place will be used primarily for the retail storage of the rental equipment. After the peak season, while the plans are being reviewed through the plan check process by the City and the Health Department, the business owner will then complete phase 2. This will entail completing the café, constructing an addition to tie the café and retail space together and other site improvements. The plans are still conceptual and the final design and layout may be adjusted as needed to meet parking, Building Safety, Health Department and other requirements. According to the business owner, plans have been submitted to the Health Department for approval, and his architect is in the process of preparing the detailed plans for City plan check approval. Staff has met with the business owner and the architect on numerous occasions to help them work through the Code requirements. The business owner has also informed us that the request is time-sensitive as he needs to move out of his current location by August 15th.
CONCLUSION:
Staff recommends that the City Council approve the Hardship Exemption clarification to temporarily allow a portion of the approved retail use to partially occupy the café area on the Highland Avenue streetfront at 1140 Highland Avenue.
Attachments:
1. IZO Hardship Exemption Clarification Letter-Nikau Kai- July 28, 2015
2. Ordinance No ORDU 15-0017-Downtown IZO- July 7, 2015