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O1441 ~ e e CA:RMM:lld313b/hpc City council Meeting 5-10-88 Santa Monica, California ORDINANCE NUMBER 1441(CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING INTERIM HEIGHT LIMITS, ALLOWABLE FLOOR AREA RATIOS I AND PROPERTY DEVELOPMENT STANDARDS PENDING ADOPTION OF THE DRAFT COMPREHENSIVE LAND USE AND ZONING ORDINANCE THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Findings and Purpose. The City Council finds and declares: (a) The City council conducted public hearings on the Fourth Draft of the Comprehensive Land Use and Zoning Ordinance on February 16, February 29, and March 1, 1988. The City Council has given extensive direction to staff regarding revisions to the Fourth Draft of the Comprehensive Land Use and zoning Ordinance on March 5, March 8, AprilS, and April 19, 1988. (b) The revisions to the Fourth Draft of the Comprehensive Land Use and Zoning ordinance will not be presented to the City Council for several months. (c) In order to ensure that development proceeds in a manner not inconsistent with the new standards which will be adopted by the city in i ts Comprehensive Land Use and Zoning Ordinance and to ensure that scarce land resources are not committed to development which is not in the best interests of the city, this Ordinance establishes interim standards for - 1 - It e development which will be effective until the City Council adopts the Fourth Draft of the Zoning Ordinance as amended by the City council. (d) The city Council finds that the adoption of interim development standards is preferable to enactment of a moratorium on development. SECTION 2 . Notwithstanding sections 2 or 4 of Ordinance Number 1321 (CCS), no development shall be approved pursuant to Ordinance Number 1321 (CCS), no conditional use permit shall be approved pursuant to Chapter 1 of Article IX of the Santa Monica Municipal Code, and no subdivision or parcel map shall be approved pursuant to Chapter 3 of Article IX of the santa Monica Municipal Code, unless one or more of the following findings are made: (a) The project meets the height limit and maximum floor area ratio ("FAR") for the zone district in which the project is located as indicated on the "Area Map," a copy of which is attached to this Ordinance as Exhibit itA," as follows: Area Exception Standards C2 2 stories, 30 feet .75 FAR in all areas except: Pico Boulevard 2 stories, 30 feet 1. 0 FAR C3 3 stories, 45 feet 2.0 FAR or 4 stories, 56 feet 2.5 FAR with Site Review in all areas except: - 2 - C3C C4 e 6th and 7th streets between Santa Monica Boulevard and Colorado 5th street between Wilshire Boulevard and Colorado Auto Dealers e 3 stories, 45 feet 2.0 FAR or 4 stories, 56 feet 2.5 FAR if the project is 50% residential 4 stories, 56 feet 2.5 FAR or 6 stories 3.0 FAR with Site Review in all areas except: 3 stories, 45 feet 2.0 FAR or 4 stories 2.5 FAR with Site Review 2 stories, 30 feet 1. 5 FAR or 3 stories, 45 feet 2.0 FAR with Site Review in all areas except: 2 stories, 30 feet 1.5 FAR or 3 stories, 45 feet 2.5 FAR with site Review Lincoln Boulevard 3 stories, 45 feet north of the 1.5 FAR Freeway Lincoln Boulevard 2 stories, 30 feet south of the 1.0 FAR Freeway South side of Pico Boulevard from Ocean Avenue to Fourth Court pico Boulevard from 7th street to Lincoln Boulevard - 3 - 2 stories, 30 feet 1. 0 FAR or 3 stories, 45 feet 1.5 FAR if 50% of the project is residential 2 stories, 30 feet 1.0 FAR C5 C6 cc M1 & M2 e Pico Boulevard from Lincoln Boulevard to 11th street pico Boulevard from 21st to 31st streets 14th street street from pico Boulevard to the I-I0 Freeway - 4 - e 2 stories, 30 feet 1.5 FAR 2 stories, 30 feet 1.5 FAR or 3 stories, 45 feet 2.0 FAR with CUP 2 stories, 30 feet 1.5 FAR or 3 stories, 45 feet 2.0 FAR with CUP 3 stories, 45 feet 1. 0 FAR or 6 stories, 84 feet 1.0 FAR with site Review on parcels of 5 acres or more 1.25 FAR for any automobile dealer park integrating more than one dealership and if 50% or more of the square footage is for the relocation of existing automobile dealerships in the City 3 stories, 45 feet 2.0 FAR or 4 stories, 56 feet 2.5 FAR with Site Review 4 stories, 56 feet or 6 stories, 84 feet with Site Review 1.0 FAR on western side of Main Street 2.0 FAR from eastern side of Main Street to Fourth street 2 stories, 30 feet or 3 stories, 45 feet for artist studios with site review e e BCD 2 stories, 30 feet 1. 5 FAR or 3 stories, 45 feet 1.5 FAR if 50% of the project is residential RVC Pier Overlay: 2 stories, 30 feet santa Monica 1.0 FAR except: Pier. The 2 stories, 30 feet Oeauville site .5 FAR on parcels to the north, fronting on Ocean Seaside Terrace Avenue to the south, The Promenade to the west, and Ocean Avenue to the east West side of 3 stories, 45 feet Ocean Avenue 2.0 FAR from pica Boulevard to Seaside Terrace (Ocean Avenue Fronting Pareels Only) East side of 3 stories, 45 feet Ocean Avenue 2.0 FAR to First Court from Colorado Boulevard to California Avenue Pice Boulevard 3 stories, 45 feet to Vicente 2.0 FAR Terrace from west side of Ocean AVenue to The Promenade (b) With regard to a project on a parcel that is currently in residential use and located in the area bounded by Seaside Terrace on the north and pico Boulevard on the south, and on the west by the Promenade, and Ocean Avenue on the east, the project complies with R3 property development standards set forth in Chapter 1 of Article IX of the Santa Monica Municipal Code~ - 5 - e e (c) with regard to a project located on San vicente Boulevard in the area bounded by Ocean Avenue on the west and 7th street on the east, the property complies with R2 property development standards set forth in Chapter 1 of Article IX of the Santa Monica Municipal Code. With regard to a project located on R4 property in the triangular area bounded by Pico Boulevard on the north, by Little Ocean Avenue on the south, and by Big Ocean Avenue on the southeast, the project complies with R3 property development standards set forth in Chapter 1 of Article IX of the Santa Monica Municipal Code. (d) With regard to a project located in the boundaries of the Mall Specific Plan area, the project complies with the standards set forth in the Mall Specific Plan. (e) The application for a project was deemed complete by the City on or before April 29, 1988. (1) An application shall be deemed complete for purposes of this Ordinance within fifteen (15) days for subdivision maps and parcel maps, and thirty (30) days for all other permits, after the Planning Division receives a substantially complete application together with all information, reports, drawings, plans, filing fees, and any other materials and documents required by the appropriate application forms supplied by the City. If, within the specified time period, the Planning Division fails to advise the applicant in writing that his or her application is incomplete and to specify all additional information required to complete that application, the application shall automatically be deemed complete. An application is "substantially completetl if the missing - 6 - e e information is supplied wi thin two working days of the City I S request. This section is to be construed as mandatory and not declaratory with respect to the time within which the city may act before an application is automatically deemed complete. (2) If an application for a project has been deemed complete by the City on or before April 29, 1988, a subsequent application for a project of reduced scope on the same site, or a portion thereof, shall be deemed complete as of April 29, 1988, so long as such project application is filed prior to the effective date of the revised Comprehensive Land Use and Zoning Ordinance. (3) This section shall not apply for purposes of deeming an application complete under the Permit Streamlining Act. (f) The project is determined to have a hardship exemption pursuant to Section 3 hereof. SECTION 3. Hardship Exemption Process. (a) Any person claiming a hardship exemption from Section 5 of this Ordinance must substantiate the claims in a proceeding under this Section. In such a proceeding, the person seeking the hardship exemption shall have the burden of proof. (b) Claims of hardship shall be determined by the City Council. Claims shall be filed on a form approved by the City Attorney. The city council shall, within sixty (60) days of the date of filing of a claim, hear and determine whether to grant or deny the claim. Decisions of the City Council shall be reviewable by writ of mandate, subject to the ninety (90) day - 7 - e e time limitation set forth in Santa Monica Municipal Code Section 1400. (e) In order to obtain a hardship exemption, the claimant must show each of the following: (1) The claimant incurred substantial expenditures or liabilities, including expenditures for securing a removal or other permit, if any, from the Santa Monica Rent Control Board and for architectural drawings to develop a project consistent with City requirements in effect prior to the date of adoption of this Ordinance. (2) The expenditures or liabilities were incurred prior to April 29, 1988. (3) In determining what constitutes substantial expenditures or liabilities, consideration should be given to the nature and significance of the work performed, the dollar costs of the expenditure, and the percentage of the total project costs represented by the expenditures and liabilities. (d) An application for a hardship exemption under this Section shall be filed on or before June 15, 1988. SECTION 4. Any provision of the Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this ordinance. SECTION 5. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent - 8 - e e jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The city council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 6. The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. effective 30 days from its adoption. The ordinance shall be APPROVED AS TO FORM: .rl..rt~T \.v... ROBERT M. MYERS City Attorney ~ - 9 - e e I hereby certify that J /\ ---., ~~eg~ingM~::nance No, 1441(CCS) was duly and regularly introduced at a meeting of the city council on the 26th day of April 1988: that the said Ordinance was thereafter duly adopted at a meeting of the City Council on the 10th day of May 1988 by the following Council vote: Ayes: Counci1members: Finkel, Jennings, A. Katz f Reed, Zane, Mayor Conn Noes: counci1members: None Abstain: Councilmembers: None Absent: Councilmembers: H. Katz ATTEST: '-... /- - ~~:_--- Ci tY-3:~1erk -- .. -- - .'-W - . l - . ._.:_.....__.~ .- -~~.."'~r_~~...- --._---:oo~_ ~ _..__-.--.. ._ -. ~--~ >-!:;~~_.:tR:::.:.,",-~ ::.-- -C-.F...~-._._ _~__ -- ...-- ..-- ~~~~---.---------=-==--:---_-----_. ._----~----~-- -_ _- 'III II II ,i 1--..! -- ., I --...r i - , ----- I - I I I I I~ - I -'- w CZ 00 ON :I: >- a: 0;( 0-1 CD a: :I: W Cl> wO Z ~ f I.' I 1.' :' j I J/ -.,.