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 and Direction for a Hardship Exemption from the Downtown IZO to Allow a Change of Use for a Retail Use to Temporarily Occupy a Restaurant Space at 1140 Highland Avenue (Community Development Director Lundstedt).
DISCUSS AND PROVIDE DIRECTION
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Recommended Action
RECOMMENDATION:
Staff recommends that the City Council consider and provide direction on the hardship exemption from the Downtown IZO to allow a change of use for a retail use to temporarily occupy a restaurant space at 1140 Highland Avenue.
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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 (Attachment 1) as an Urgency Ordinance for the Downtown area. The IZO, Ordinance No. ORDU 14-0011, is a "time-out" and does not allow a change from one use classification to another, such as the subject request to change the restaurant use to a retail use. 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 3 (Attachment 1).
DISCUSSION:
Section 3 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 10 days in advance of a regular meeting of the City Council. The Ordinance states "Â…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 2 is the letter from the property owner requesting the exemption.
The subject site consists of a two-story multi-tenant building with two offices upstairs, and retail space (Current Events), an auto repair shop (off the Center Place alley), and a restaurant (vacant since January 2015, previously F-Grill) downstairs, as well as several parking spaces at the rear.
According to the property owner the total building is about 5,600 square feet (including offices, retail, restaurant and auto repair) and the subject vacant restaurant space is approximately 935 square feet. The restaurant space is currently the only vacant tenant space on the site, and the owner has indicated that it is a large percentage of their income from the property. Attachment 2 further outlines the owners request for a temporary (6-month) exemption to allow retail to replace the restaurant use. The applicant is proposing a jewelry/women's retail use and requests that the Council approve the hardship exemption.
CONCLUSION:
Staff recommends that the City Council review the request for a Hardship Exemption from the Downtown to allow a change of use for a retail use to temporarily occupy a restaurant space at 1140 Highland Avenue, and provide direction.
Attachments:
1. Ordinance No ORDU 14-0011-Downtown IZO- July 15, 2014
2. IZO Hardship Exemption Request Letter-1140 Highland- February 13, 2015