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O1563 tit . CA:MHS:as15/hpadv City Council Meeting 1-22-91 Santa Monica, California ORDINANCE NUMBER l563(CCS) (city council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTIONS 9018.6 AND 9050.11 OF THE ZONING ORDINANCE REVISING PROPERTY DEVELOPMENT STANDARDS IN THE C3 ZONE AND REVISING PERFORMANCE STANDARDS FOR RESIDENTIAL USES IN COMMERCIAL DISTRICTS WHEREAS, on August 1, 1990 the Planning Commission conducted a public hearing on three proposed text amendments to the Zoning Ordinance which would encourage and facilitate the development of residential uses in commercial zones; and WHEREAS, the Planning Commission recommended that the Council approve the amendments; and WHEREAS, the city Council finds that the proposed amendments are consistent in principle with the goals, objectives, policies, land uses, and programs specified in the adopted General Plan in that the city's adopted 1987 version of the Housing Element has numerous pOlicies and objectives promoting housing development, with a particular emphasis on affordable housing. For example, a key goal is to "promote the construction of new housing;1t and one of the Element's policies is to "encourage and create incentives for the development of housing in commercial zones." Development of affordable housing is also of prime importance, as expressed by the commitment to "maintain and increase the supply of housing affordable to low and moderate income persons;" and - 1 - e e WHEREAS, the city council finds that the public heal th, safety, and general welfare require the adoption of the proposed amendments, in that the amendments will facili tate the development of affordable housing projects in the C3 zone as well as mixed-use projects in the commercial zones of the city, which is anticipated to result in more efficient use of resources through reduced reliance on the automobile for transportation, since the units will be located in commercial areas with ample pUblic transportation, and within walking distance of shopping and employment opportunities; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 9018.6 of the Santa Monica Municipal Code is amended to read as follows: Section 9018.6. Property Development Standards. All property in the C3 District shall be developed in accordance with the following standards: (a) Maximum Buildinq Heiqht. Three stories, not to exceed 45 feet except that in the area bounded by 6th and 7th street between Santa Monica Boulevard and Colorado Avenue, the maximum height may be 4 stories, 56 feet provided 50% of the project is restricted to residential uses. There shall be no limitation on the number of stories of any hotel, residential structure, or detached parking structure, so long as the height does not exceed the maximum number of feet permitted in this section. - 2 - e e (b) Maximum Floor Area Ratio. 2.0, except that the area bounded by 6th and 7th Street between Santa Monica Boulevard and Colorado Avenue, may have a maximum floor area ratio of 2.5 provided 50% of the proj ect is restricted to residential uses. In all areas of the C3 District, a rloor area ratio of 3.0 shall be permitted if at least 50% of the floor area of the project is restricted to residential uses, and not less than 49% of the new residential units are deed restricted for occupancy by low and moderate income households as defined in Municipal Code section 9421. (c) Minimum Lot Size. 7,500 square feet. Each parcel shall contain a minimum depth of 150 feet and a minimum width of 50 feet, except that parcels existing on the effective date of this Chapter shall not be subject to this requirement. (d) Front Yard Setback. Landscaping as required pursuant to the provisions of Subchapter 58. (e) Rear Yard Setback. None, except: (1) Where rear parcel line abuts a residential district, a rear yard equal to: 5' + (stories x lot width) 50' The required rear yard may be used for parking or loading to within 5 feet of the rear parcel line provided the parking or loading does not extend above the first floor level and provided that a wall not - 3 - e e less than 5 feet or more than 6 feet in height is erected and maintained along the rear commercial parcel line. Access driveways shall be permitted to perpendicularly cross the required rear yard provided the driveway does not exceed the minimum width permitted for the parking area. A required rear yard shall not be used for commercial purposes. (2) That needed to accommodate landscaping and screening for a rear yard buffer required pursuant to the provisions of Subchapter 5B. (f) Side Yard Setback. None, except: (1) Where the interior side parcel line abuts a residential district, an interior side yard equal to: 5' + (stories x lot width) 50' The interior side yard may be used for parking or loading no closer than 5 feet to the interior side property line provided the parking or loading does not extend above the first floor level and provided a wall not less than 5 feet or more than 6 feet in height is erected and maintained along the side commercial parcel line. A required interior side yard shall not be used for access or for commercial purposes. (2) That needed to accommodate landscaping required for a street side yard, landscape buffer and screening pursuant to the provisions of Subchapter 5B. - 4 - e e (3) A 10 foot setback from an interior property line shall be required for portions of buildings that contain windows, doors, or other openings into the interior of the building. An interior side yard less than 10 feet shall be permitted if provisions of the Uniform Building Code related to fire rated openings in side yards are satisfied. (g) Development Review. A review Permit is required for any development of more than 30,000 square feet of floor area and for any development with rooftop parking. SECTION 2. Section 9050.11 of the Santa Monica Municipal Code is amended to read as follows: section 9050.11. Residential Uses in Commercial Districts. The purpose of this Section is to ensure that residential uses in commercial districts are not adversely impacted by adj acent commercial uses. Residential units are desired by residents of commercial uses. Residential units are desired by residents of this City because of their convenience and the environment they create. However, the potential traffic, noise, and safety impacts of this use require that special regulations be imposed in the interest of nearby businesses and the residents of the housing units. The following special conditions shall apply to residential units in commercial districts: - 5 - e e (a) Location. The residential units not be located on the ground floor street front except where specifically permitted. Residential units may be located on the ground floor provided they are at least 50 feet from the front property line. (b) Access. The residential units shall have a separate and secured entrance and exit that is directly accessible to the parking. (c) parkinq. Residential use parking shall comply with Subchapter 5E. Parking may be shared when the commercial or manufacturing use generates a parking demand primarily during the hours of 8:00 A.M. to 5: 00 P.M., Monday through Friday. However, at least one parking space for each residential unit shall be provided at all times, clearly marked for residential use only, and shared use of this space shall not be permitted. (d) Noise. Residential units shall be constructed so that interior noise levels do not exceed 55 decibels for more than 60 minutes in any 24 hour period and 45 decibels for more than 30 minutes between the hours of 11:00 P.M. and 7:00 A.M. (e) Lightinq. All lighting shall comply with Section 9040.27. (f) Design. The floors devoted to residential units shall provide an exterior appearance and character which denotes it as housing and is visibly different from the commercial or manufacturing floors - 6 - e e through the use of patios, changes in fenestration, and appropriate levels of detail, while maintaining a cohesive quality. (g) Landscaping. minimize traffic noise creating streets. (h) Refuse storaqe and Location. The residential units shall maintain a separate refuse storage container separate from that used by the commercial and manufacturing business. It shall be clearly marked for residential use only and use by commercial and manufacturing businesses is prohibited. unique rooftop Landscaping shall be used to with the possibility of gardens overlooking the SECTION 3. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 4. If any section, subsection, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this 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 - 7 - e e any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 5. 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. This Ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: ~~.~ R?BERT M. MYERS U Cl.ty Attorney - 8 - e It Adopted and approved this 22nd day of January, 1991. O?JC "'"'jIMayor I hereby certify that the foregoing Ordinance No. 1563 (CCS) was duly and regularly introduced at a meeting of the City council on the 8th day of January 1991~ that the said Ordinance was thereafter duly adopted at a meeting of the City Council on the 22nd day of January 1991 by the following Council vote: Ayes: Councilmembers: Genser, Holbrook, Katz, Olsen Vazquez, Zane, Mayor Abdo Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Counci1members: None ATTEST: ~ '...... - ~ -~ - - .~ N~ ~~ :iF-< , ~ _ - t ~."'- ~ CJ.ty ~Cl~ ./' _ __-_~ _,