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O1734 CA: atty\laws\cesar\m1C5dist. 4 city council Meeting 3-22-94 Santa Monica, california ORDINANCE NUMBER 1734 (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 "Interim Zoning 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". The Interim Zoning Study Area is shown on the map attached hereto and incorporated herein as "Exhibit A". certain portions of the Interim Zoning Study Area are further designated as the "Special study Zone" on the map attached hereto as "Exhibit A". (B) In order to protect the public health, safety and welfare, it is necessary, pending completion of the study and re- zoning of these areas to a zoning designation consistent with the City Council's direction, to limit on an interim basis the maximum 1 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 develc~"'1ent standards proposed for the MItRO district. On June 15, 1993, the City council adopted Ordinance 1686 (CCS), establishing interim development standards for the Interim Zoning study Area for a period of forty-five days. (D) On July 20, 1993, the City Council adopted Ordinance 1694 (CCS), 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. (E) On September 28, 1993, the City Council adopted Ordinance 1707 (CCS) , which modified the interim ordinance in order to protect city services and infrastructure and otherwise effectuate city policy. (F) Since the adoption of Ordinance 1707 (CCS) , it has become apparent that a modification to the ordinance is necessary in order to allow existing primary schools a reasonable opportunity to expand at their current locations. There exists a present and immediate threat to the pUblic safety health and welfare should the interim ordinance not be modified and should existing primary schools be prohibited from expanding at their current locaticns. SECTION 2. Interim Zoninq. Subject to the provisions of sections 3 and 4 of this ordinance, the Planning commission and 2 relating assembly, following: City staff are directed, after June 23, 1993, to disapprove any request for the issuance of a building permit, a tentative map, a tentative parcel map, an administrative approval, a development review permit, a conditional use permit, or any other City permit 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 AU, 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 permitted), provided any office space included therewith is directly related to, ancillary to, and supportive of the primary permitted use on the same site and does not exceed fifty percent (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 research the development, manufacturing, fabricating, repair, servicing, or processing of, the to, or testing, (i) Aircraft parts other than engines. 3 goods. metal. cardboard. accessories. equipment. ware. and artists materials. (ii) Apparel except leather and fur (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) Audio products. Metal, wood or canvas awnings. Coated, plated, and engraved Communication equipment. cut stone and stone products. Dance studios. Diecut paper and paperboard, and Electric components and (xi) Electric lighting and wiring (xii) (xiii) (xiv) (xv) (xvir (:~vii) (xviii) (xix) (xx) Fabricated textile products. Furniture and fixtures. Glass products. Jewelry, silverware, and plated Luggage. Musical instruments and parts. Office machines. Paperboard containers ana boxes. Pens, pencils, and other office 4 (xxi) toilet preparations. (xxii) (xxiii) watches, and clocks. (xxiv) apparatus. (xxv) ( xxv i) controlling instruments. (xxvii) athletic goods. Perfumes, cosmetics, and other Pharmaceutical products. Photographic and optical goods, Plumbing fixtures and heating Pottery and related products. Professional, scientific, and Toys, amusements, sporting and (xviii) Wooden containers. (xxix) Food products, except that no food consumption by the public or food take-out by the pUblic shall be permitted. (xxx) Products which are determined by the zoning Administrator to be similar to those listed above and which are consistent with, and not associated with more disturbance or disruption than, permitted products. (f) On-site production facilities for advertising purposes. (g) Establishments engaged in the wholesale distribution of the following: (i) Dry goods and apparel. 5 (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 allied products. (h) Homeless shelters with less than 55 beds. (i) Photography studios. (j) Public or private schools existing prior to September, 1988. (k) Public utility service centers and service yards. (l) Public utility substations. (m) S elf storage or public mini-warehouses. (n) Vet e r i n a r y clinics. (0) Warehouses. 6 (p) 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, which does not exceed fifty percent (50%) of the gross floor area of the primary use, so long as the office space is directly related, ancillary to, and supportive of the primary use located on the same site: 7 facilities, set construction facilities, sound studios, special effects facilities and other entertainment-related production operations. (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 which are determined by the Zoning Administrator to be similar to those listed above and which are consistent wi th, and not more disturbing or disrupti ve than, permitted uses. (3) General office uses existing as of June 26, 1993, shall be permitted provided that such uses may not expand by more than ten percent (10%) in floor area. (4) service stations shall l:I>e permitted provided that they are not located within 100 feet of a residential district and they comply with Section 9.04.12.130 of the Municipal Code. (5) Restaurants with 500 square feet of floor area or less shall be permitted. (6) No use, involving the manufacture, processing, or treatment of products, which by nature of the operation is likely to be obnoxious or offensive, whether by reason of emission of odor, dust, smoke, noxious gases, noise, vibration, glare, or heat or by reason of other impacts or hazards relating to materials, process, product wastes or by other methods, shall be 8 permitted unless mitigation measures are submitted and are acceptable to the zoning Administrator. (B) ConditionallY Permitted Uses. The following uses may be permitted subj ect to the issuance 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 structures. (8) Places of worship. (9) Residential uses located in the area designated as the Special Study Zones on the map attached hereto as "Exhibit A". (10) Restaurants with over 500 square feet of floor area. 9 (11) Retail sales of goods manufactured on the premises, provided that the floor space devoted to such use does not exceed twenty percent (20%) of the grass 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 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, conditionally permitted uses. (16) Any use permitted by section 2 (A) (2) above in which office space exceeds fifty percent (50%) of the gross floor area of the primary use, so long as the office space is directly related, ancillary to, and supportive of the primary use located on the same site. (C) Prohibited Uses. prohibited: The following uses shall be (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. 10 (D) Property Development Standards. All property in the area designated as Interim Zoning study Area on the map attached hereto as "Exhibit A" shall be developed in accordance with the following standards: (1) Maximum Building Height. The maximum building height shall be two (2) stories, not to exceed 30 feet, except that for projects involving the expansion of public or private elementary and secondary schools (Grades K through 12) existing prior to September 8, 1988, a maximum height of four stories, 45 feet, shall be permitted. For projects located on property in the area designated special study Zone on the map attached hereto as "Exhibit A", a maximum height of four (4) stories, not to exceed 45 feet, may be permitt,ed with the approval of a Conditional Use Permit for projects ~ontaining at least 75 per cent residential uses. 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. Maximum Floor Area Ratio shall be 1.0, except that for projects involving the expansion of public or private elementary arid secondary schools (Grades K through 12) existing prior to September 8, 1988, a maximum floor area ratio of 1.5 shall be permitted. For projects located on property within the area designated Special Study Zone on the map attached hereto as "Exhibit A", the Maximum Floor Area ratio shall be .65, except that a maximum floor area ratio of 1.5 may be permitted with the approval of a Conditional Use Permit for 11 projects containing at least 75 per cent residential uses on such Special Study Zone designated property. (3) Minimum Lot Size. The minimum lot size shall be 15,000 square feet. Each lot shall contain a minimum depth of 150 feet and a minimum width of 100 feet, except that lots existing on September 8, 1988 shall not be subject to this requirement. (4) Front Yard Setback. All landscaping shall be in accordance with the provisions of Part 9.04.10.04 of the Santa Monica Municipal Code. (5) Rear Yard Setback. No rear yard setback shall be required except: (a) Where the rear parcel line abuts a residential district, a rear yard equal to: 5' +(stories x lot width) 50' shall be required. The required rear yard may be used for parking or loading to within five (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 five (5) feet or more than six (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) Such rear yard setback as is necessary to accommodate landscaping and screening for a rear yard buffer 12 required pursuant to the provisions of Part 9.04.10.04 of the Santa Monica Municipal Code. (6) Side Yard Setback. No side yard setback shall be required except: (a) Where the interior side parcel line abuts a residential district, an interior side yard equal to: 5' +(stories x lot width) 50' shall be required. The interior side yard may be used for parking or loading no closer than five (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 five (5) feet or more than six (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) Such side yard setback as is needed to accommodate landscaping 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) For portions of buildings that contain windows, doors, or other openings into the interior of the building, a ten (10) foot setback from an interior property line shall be required. An interior side yard setback of less than ten (10) feet shall be permitted if provisions of the Uniform Building Code related to fire-rated openings in side yards are satisfied. 13 (E). 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. (F) Architectural Review. All new construction, new addi tions to existing buildings, and any other exterior improvements that require issuance of a building permit shall be subj ect to archi tectural 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 proj ects developed on any property in an area designated Interim Zoning Study Area on the map attached hereto as "Exhibit An. 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 tentat_ ~ map application was filed and deemed complete on or before J_ - 3 15, 1993, which tentative map has not yet expired. (C) Any project located on a property subject -':'0 a Development Agreement as of the effective date of this Ordinance. 14 SECTION 5. This ordinance shall be of no further force and effect after January 10, 1995, 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 effectuate the provisions of this Ordinance. SECTION 7. Ordinance 1707 (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 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 any portion of the Ordinance would be subsequently declared invalid or unconstitutional. 15 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: -&t 16 Adopted and approved this 22nd day of March, 1994. 8t ~A Mayor I hereby certify that the foregoing Ordinance No. 1734 (CCS) was duly and regularly adopted at a meeting of the City Council on the 22nd day of March, 1994; by the following Council vote: Ayes: Councilmembers: Abdo, Genser, Greenberg, Olsen, Rosenstein, Vazquez Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: Holbrook ATTEST: ~~-ef /4~ City Clerk ............. .............. ............. ................ ............. :.:.:.:.:.:.:.:.:.:.:.:.~ .............. ........... Interim Zoning Study Area :=:::::::::::::::::::::::::::::=:::::t:=:::=::::::::. I 10 10 r ~ jU'IIIIIIII' 10 I ! ~ JCNllIL - ..- ,- I ...... ....... ff;@ Interim Zoning Study Area O r............ ~[E]].'.'..'. :.;.;.;-:.;.:.:;: .:.:.:.:.:.:.:: .................. ............... r::'" ...:::lll~"P... I ........................ ..,. - ........... I:;::::;:::;:;:::::;:;:::::: :;;;;;::;] .\~[lI\\~:r f,;;;:::::~;;;;;;:: ........ I _ ,u.ft'1H ~ Special Study ~ Zone EXHIBI-T "A"