O1707
ORDINANCE NUMBER
1707
(City council Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA ESTABLISHING INTERIM
DEVELOPMENT STANDARDS FOR
PORTIONS OF THE CITY LOCATED IN SELECTED AREAS OF THE M1 AND C5
DISTRICTS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Findinqs and Purpose. The City Council finds and
declares:
(A) At its March 16, 1993 meeting, the city Council
approved a motion directing staff to study selected areas of the C5
and M1 districts (the "study area"), and to conduct environmental
review of an option which would rezone the area to a new zoning
designation to be known as M1/RD.
(B) pending completion of the study and re-zoning of
these areas to a zoning designation consistent with the city
Council's direction, to protect the public health, safety, and
welfare, it is necessary to limit on an interim basis the maximum
building height, floor area ratio, and permitted uses for the study
area.
(C) On March 16, 1993 the city Council directed staff to
prepare an interim ordinance to implement the development standards
proposed for the M1/RO district. On June 15, 1993 the city Council
adopted Ordinance 1686 (CCS) , establishing interim development
standards for the study area for a period of forty-five days. On
July 20, 1993 the City Council adopted Ordinance 1694 (CCS),
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extending the interim development standards to January 10, 1995, in
order to allow staff adequate time to analyze the proposed rezoning
and to conduct the required environmental review. since the
adoption of Ordinance 1694 (CCS), staff has become aware of changes
that are required in order for the interim ordinance to be
consistent with city council's intent. There exists a current and
immediate threat to the public safety health and welfare should the
interim ordinance not be modified and projects not meeting the
standards of the interim ordinance be approved in that development
permitted under the existing standards could negatively impact city
services and infrastructure. Furthermore, the existing standards
could result in the construction of large office developments which
would be in conflict with existing city goals and policies.
SECTION 2. Interim Zoninq. Subject to the provisions of
sections 3 and 4 of this ordinance, the Planning commission and
City staff are directed, after June 23, 1993, to disapprove all
requests for the issuance of building permits and tentative maps,
tentative parcel maps, administrative approval, development review
permits, conditional use permits, or any other City permits for the
construction, erection, conversion, or moving of any structure
located in the area designated as the interim zoning study area on
the map attached hereto as "Exhibit A", unless the project complies
with the following development standards:
(A) Permitted Uses.
(1) The following primary uses shall be permitted
if conducted within an enclosed building (except where otherwise
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permitted), provided any office space included therewith is
directly related, ancillary to, and supportive of the primary
permitted use on the same site and does not exceed 50% of the gross
floor area of the primary use:
(a) Artist studios and art galleries.
(b) Automobile repair and automobile painting
facilities except those within 100 feet of a residential district.
(c) Dance studios.
(d) Domestic violence shelters.
(e) Establishments engaged in the research,
development, manufacturing, fabricating, assembly, testing, repair,
servicing, and processing of the following:
(i)
engines.
Aircraft
parts
other
than
(ii) Apparel except leather and fur
goods.
(iii)
(iv)
(v)
metal.
(vi)
(vii)
(viii)
(ix)
cardboard.
( x)
Audio products.
Awnings - metal, wood or canvas.
Coated, plated, and engraved
Communication equipment.
cut stone and stone products.
Dance studios.
oiecut paper and paperboard, and
Electric
components
and
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accessories.
equipment.
ware.
for advertising purposes.
and artists materials.
toilet preparations.
watches, and clocks.
apparatus.
controlling instruments.
(xi) Electric lighting and wiring
(xii)
(xiii)
(xiv)
(xv)
(xvi)
(xvii)
(xviii)
(xix)
(xx)
(xxi)
(xxii)
(xxiii)
(xxiv)
(xxv)
(xxvi)
(xxvii)
Fabricated textile products.
Furniture and fixtures.
Glass products.
Jewelry, silverware, and plated
Luggage.
Musical instruments and parts.
Office machines.
On-site production facilities
Paperboard containers and boxes.
Pens, pencils, and other office
Perfumes, cosmetics, and other
Pharmaceutical products.
Photographic and optical goods,
Plumbing fixtures and heating
Pottery and related products.
Professional, scientific, and
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(xxviii) Toys, amusements, sporting and
athletic goods.
(xxix) Wooden containers.
(xxx) Food products, except that no
public food consumption or public take-out shall be permitted.
(xxxi) Products which are determined by
the Zoning Administrator to be similar to those listed above and
which are consistent with, and not more disturbing or disruptive
than, permitted products.
(f) Establishments engaged in the wholesale
distribution of the following:
(i) Dry goods and apparel.
(ii) Electrical goods.
(iii) Groceries and related products,
except unpackaged or unprocessed poultry and poultry products, fish
and seafood, and fruit and vegetables.
(i v) Hardware, plumbing, heating
equipment and supplies.
(v) Machinery, equipment, and
supplies, except farm machinery and equipment.
(vi) Motor vehicles and automotive
equipment.
(vii)
Paper,
paper products,
and
kindred supplies.
(viii)
Pharmaceutical
products
and
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allied products.
(g) Homeless shelters with less than 55 beds.
(h) Photography studios.
(i) Public or private schools existing prior
to September 1988.
(j) Public utility service centers and service
yards.
(k) Public utility substations.
(1) Self storage or public mini-warehouses.
(m) veterinary clinics.
(n) Warehouses.
(0) Uses which are determined by the Zoning
Administrator to be similar to those listed above and which are
consistent with, and not more disturbing or disruptive than
permitted uses.
(2) The following primary uses shall be permitted
if conducted within an enclosed building (except where otherwise
permitted) and may include office space so long as the office space
is directly related, ancillary to, and supportive of the primary
use located on the same site:
(a) Broadcasting/communications,
telecommunications facilities.
(b) Design studios and offices for architects.
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(c) Drafting,
reproduction services.
(d) Laboratories and facilities for medical
testing and scientific research development and testing.
(e) Publishing facilities.
(f) Software and other computer-related
printing,
blueprinting and
production facilities.
(g) studios and off ices for graphic designers.
(h) Outdoor or enclosed entertainment related
facilities including, without limitation, movie studios and
production facilities, distribution facilities , editing facilities,
catering facilities, printing facilities, post-production
facilities, set construction facilities, sound studios, special
effects facilities and other entertainment-related production
operations.
Administrator to
(i) All uses customary or incidental to the
production or distribution of motion pictures and other forms of
audio/visual products, including, but not limited to, education and
entertainment films or tapes.
(j) Uses determined by the Zoning
be similar to those listed herein which are
and no more disruptive or disturbing than,
consistent with,
permitted uses.
(3) General off ice uses existing as of June 26,
1993, provided that such uses may not expand by more than 10%.
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(4) No use involving the manufacture, processing,
or treatment of products which by nature of the operation, are
likely to be obnoxiou~ or offensive by reason of emission of odor,
dust, smoke, noxious gases, noise, vibration, glare, heat or other
impacts or hazards by way of materials, process, product wastes or
other methods shall be permitted unless mitigation measures are
submitted and are acceptable to the Zoning Administrator.
(5) Service stations provided they are not located
within 100 feet of a residential district and they comply with
section 9.04.12.130 of the Municipal Code.
(6) Restaurants with 500 square feet of floor area
or less.
(B) Conditionally Permitted Uses. The following uses
may be permitted subject to the approval of a Conditional Use
Permit:
(1) Automobile dealerships.
(2) Automobile repair and automobile painting
facilities, and expansion of existing facilities within 100 feet of
any residential district.
(3) Child day care centers.
(4) Health clubs and gymnasiums.
(5) Homeless shelters with 55 beds or more.
(6) Outdoor storage of fleet vehicles if such
vehicles are directly related to the primary industrial or
manufacturing operation on the site.
(7) Parking and automobile storage lots and
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structures.
(8) Places of worship.
(9) Residential uses located in the "Special Study
Zone".
(10) Restaurants with over 500 square feet of floor
area.
(11) Retail sales of goods manufactured on the
premises, provided that the floor space devoted to such use does
not exceed 20% of the gross floor area of the primary permitted
use or 2,000 square feet, whichever is less.
(12) Service stations within 100 feet of any
residential district.
(13) New public or private schools.
(14) Any use of the transportation right of way for
other than transportation purposes.
(15) Uses determined by the Zoning Administrator to
be similar to those listed herein which are consistent with, and no
more disruptive or disturbing than conditionally permitted uses.
(C) Prohibited Uses. The following uses shall be
prohibited:
(1) Rooftop parking on parcels directly abutting,
or separated by an alley from, a residential district.
(2) New general office uses.
(3) Any use not specifically authorized as a
permitted or conditionally permitted use.
(D) Pro?erty Development Standards. All property in the
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area designated as the interim zoning study area on the attached
map shall be developed in accordance with the following standards:
(1) Maximum Building Height. Maximum building
height shall be 2 stories, 30 feet, except that for projects
located on parcels designated "special study zones" on the attached
map, a maximum height of four stories, 45' may be permitted with
the approval of a Conditional Use Permit for projects containing at
least 75% residential. There shall be no limitation on the number
of stories of any detached parking structure so long as the height
does not exceed the number of feet permitted in the district.
(2) Maximum Floor Area Ratio. 1.0. For projects
located on properties designated "special study zones" on the
attached map, .65, except that a maximum floor area ratio of 1.5
may be permitted with the approval of a Conditional Use Permit for
projects containing at least 75% residential on such "special study
Zone" designated properties.
(3) Minimum Lot Size. 15,000 square feet. Each
parcel shall contain a minimum depth of 150 feet and a minimum
width of 100 feet, except that parcels existing on September 8,
1988 shall not be subject to this requirement.
(4) Front Yard Setback. Landscaping as required
pursuant to the provisions of Part 9.04.10.04 of the Santa Monica
Municipal Code.
(5) Rear Yard Setback. None, except:
(a) Where the rear parcel line abuts a
residential district, a rear yard equal to:
10
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 less than 5 feet or more than 6 feet in height is
erected and maintained along the rear commercial parcel line.
Access shall be permitted to cross perpendicularly 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.
(b) That needed to accommodate landscaping and
screening for a rear yard buffer required pursuant to the
provisions of Part 9.04.10.04 of the Santa Monica Municipal Code.
(6) Side Yard Setback. None, except:
(a) 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.
(b) That needed to accommodate landscaping
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required for a street side yard, landscape buffer and screening
pursuant to the provisions of Part 9.04.10.04 of the Santa Monica
Municipal Code.
(c) 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.
(7) Development Review. A Development Review
Permit is required for any development of more than 30,000 square
feet of floor area and for any development with rooftop parking.
( E) Architectural Review. All new construction, new
additions to existing buildings, and any other exterior
improvements that require issuance of a building permit shall be
subject to architectural review pursuant to the provisions of
Chapter 9.32 of the Santa Monica Municipal Code.
SECTION 3. APplicability. Subject to section 4 of this
Ordinance, the requirements of Section 2 of this Ordinance shall
apply to all projects developed on any parcel in the area
designated interim zoning study area on the map attached as
"Exhibit A". Notwithstanding any other provision of this
ordinance, during the pendency of this Ordinance, any property that
is designated as a "special study zone", and which is destroyed in
whole or in part by earthquake, fire or other natural disaster, may
be rebuilt to its pre-existing floor area ratio.
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SECTION 4. Exemptions. The following applications are exempt
from the provisions of Section 2 of this Ordinance:
(A) Any building or structure for which a building
permit, which has not yet expired, was issued on or before June 15,
1993, but which has not obtained a certificate of Occupancy as of
the effective date of this Ordinance.
(B) Any project for which a vesting tentative map
application was filed and deemed complete on or before June 15,
1993, which tentative map has not yet expired.
(C) Any project located on a property subject to a
Development Agreement as of the effective date of this Ordinance.
SECTION 5. This Ordinance shall be of no further force and
effect 16 months and 15 days from its effective date, unless prior
to that date, after a duly noticed public hearing, the City
council, by majority vote, extends the interim ordinance as
provided in Section 9.04.20.16.060 of the Santa Monica Municipal
Code.
SECTION 6. Any provisions 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 7. Ordinance 1694 (CCS) is hereby repealed.
SECTION 8. If any section, subsection, sentence, clause or
phrase of this Ordinance is for any reason held to be invalid or
unconsti tutional by a decision of any court of any competent
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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 any portion
of the Ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 9.
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 30 days from its adoption.
APPROVED AS TO FORM:
~~
LAWRENCE
city Attorney
ppd\ord\m1rdord
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Adopted and approved this 12 th
day of October
,1993.
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I hereby certify that the foregoing Ordinance No. 1707 was duly and regularly
introduced at a meeting of the City Council on the 28th day of Sep'temher
1993; that the said Ordinance was thereafter duly adopted at a meeting of the City Council
day of October
,1993 by the following vote:
on the 12th
AYES: Abdo, Greenberg, Holbrook, Rosenstein, Vazquez
NOES: Genser, Olsen
ABSTAIN:
ABSENT:
ATTEST:
~
. City Clerk