Measure for Measure

By Jorge Casuso

Oct. 16 -- Literally taking measures, the City Council Tuesday night gave the final go-ahead to an ordinance restricting Promenade frontages but let stand the method for measuring the rear setbacks in multi-family neighborhoods.

To stem the influx of large corporate chains to the popular shopping strip, the interim ordinance requires new or expanding businesses to have a Promenade frontage that does not exceed 50 linear feet.

The measure -- which was extended for one year -- exempts theaters, cinemas, museums and cultural facilities that add to "the overall vitality and diversity of the district," as well as establishments that provide goods or services that are not otherwise available in the district.

The ordinance also exempts businesses if "the conditions of the proposed site would make it physically or practically infeasible for the use to occupy a Third Street Promenade frontage of no more than 50 feet."

"I'm concerned… we don't open the door to hybrid businesses," said Councilman Michael Feinstein, noting that a retail business might try to incorporate entertainment to skirt the limits.

"The idea is to discourage someone from doing the devious," said Councilman Herb Katz. He noted that if a Conditional Use Permit is granted "that commits the property to that use at that width."

"The use permit," said Planning Director Suzanne Frick, "is based on that use. If that use is eliminated, then they lose the right" to the exemption.

If the 50-foot limit is expected to deter formula chains from moving in, council members feared that changing the way rear setbacks in multi-family neighborhoods are measured would decrease new housing.

Revisited at the behest of the Planning Commission, the council contemplated an interim ordinance that would require measuring rear setbacks from the property line, instead of from the middle of the alley.

The Planning Commission was concerned that measuring from the middle of the alley, instead of the property line, was resulting in "undesirable building mass and unit density." Instead of a five-foot setback, the new ordinance would result in a 15-foot setback, according to planning staff.

"The Planning Commission was concerned because they saw including a portion of the public right-of-way in determining development seemed wrong," said Jay Trevino, the City's planning manager. That was "coupled with a concern of over development (resulting in) too much intensity."

In addition, Trevino said, the larger setback would make it easier for motorists to maneuver in and out of garages.

But Councilman Herb Katz countered that the alleys are in fact private property and questioned the wisdom of changing a measurement standard that had been in place for more than a quarter century. The proposed measure, he argued, would result in fewer units built in a City desperately in need of housing.

"The alleys do belong to private property," said Katz, who is an architect. "It is part of their property. We are changing something, and it is taking away from somebody's property. If we are allowing this, what are we getting? We are cutting housing, and I am definitely not supporting it."

"It's strange," said Councilman Bob Holbrook. "The last thing I thought we'd consider doing is reduce housing in Santa Monica."

In the end, the council decided top table the measure until the City's planning staff finishes revisiting the general development standards, which have to come back to the council in spring for any revisions.

"This is piecemeal planning," Katz said. "I think this is the wrong approach, and we should put it of. We should take the staff report and fold it into the other recommendations."

"I tend to agree with Mr. Katz," said Councilman Ken Genser

If ultimately approved, the ordinance would likely exempt affordable housing.

If approved Tuesday, the new standard would have affected between eight and ten projects. While two applicants -- whose current projects would not be affected -- worried about the potential impacts of the proposed measure, Frick said it was too soon to tell.