O1777
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City Council Meeting 11-22-94 Santa Monica, California
ORDINANCE NUMBER 1777
(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
Ml AND C5 DISTRICTS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Findinqs and Purpose. The City Council flnds 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
envlronmental review of an option which would rezone the area to a
new zoning designation to be known as "Ml/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
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building height, floor area ratio, and permitted uses for the study
area.
(e) On March 16, 1993, the City Council directed staff
to prepare an interim ordinance to implement the development
standards proposed for the Ml/RD district. On June 15, 1993, the
city council adopted Ordinance No. 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
No. 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 No. 1707 (CCS), which modified the interim ordinance in
order to protect city serVlces and infrastructure and otherwise
effectuate city policy.
(f) On March 22, 1994 the City Council adopted Ordinance
No. 1734 (CCS) which modif ied the interim ordinance to allow
existing primary schools a reasonable opportunity to expand at
their current locations. Ordinance No. 1734 is due to expire on
January 10, 1995.
(g) Since the adoption of Ordinance No. 1734 (CCS), a
consultant has been hired to prepare an Environmental Impact Report
on the proposed standards. A Draft Environmental Impact Report
will be available in November 1994. In order to provide adequate
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time for the planning Commission and city Council to obtain public
input and adopt permanent standards, it is necessary to extend the
interim ordinance until June 10, 1995.
(h) There exists a present and immediate threat to the public
safety health and welfare should the interim ordinance not be
modified and should development inconsistent with the contemplated
re-zoning of these areas be allowed to occur. Thus it is necessary
to extend the limitations on maximum building height, floor area
ratio, and permitted uses for the study area for an additional
three months, until June 10, 1995.
SECTION 2. Interim Zoning. 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 any
request for the issuance of a building permit, a tentative map, a
tentative parcel map, an administrative approval, a development
review permit, a condltional use permit, or any other City permit
for the construction, erectlon, 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
permitted), provided any office space included therewith is
directly related to, ancillary to, and supportive of the primary
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permitted use on the same site and does not exceed flfty 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
relating to, or the development, manufacturing, fabricating,
assembly, testing, repair, servicing, or processing of, the
following:
(i)
engines.
Aircraft
other
parts
than
(ii) Apparel except leather and fur
goods.
( iii)
( iv)
(v)
metal.
(vi)
(vii)
(viii)
( ix)
cardboard.
(x)
accessories.
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
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equipment.
ware.
and artists materials.
toilet preparations.
watches, and clocks.
apparatus.
controlling instruments.
athletic goods.
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(xi) Electric lighting and wiring
(xii)
(xiii)
(xi v)
(xv)
(xvi)
(xvii)
(xviii)
(xix)
(xx)
(xxi)
(xxii)
(xxiii)
(xxiv)
(xxv)
( xxv i )
(xxvii)
Fabricated textile products.
Furniture and fixtures.
Glass products.
Jewelry, silverware, and plated
Luggage.
Musical instruments and parts.
Office machines.
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
Toys, amusements, sporting and
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(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.
(ii) Electrical goods.
(iii) Groceries and related products,
except unpackaged or unprocessed poultry and poultry products, fish
and seafood, and fruit and vegetables.
(iv)
Hardware,
plumbing,
heating
equipment and supplies.
(v)
Machinery,
equipment,
and
supplies, except farm machinery and equipment.
(vi) Motor vehicles and automotive
eqUl.pment.
(vii)
Paper,
paper products,
and
kindred supplies.
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(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.
{I} Public utility substations.
(m) Self storage or public mini-warehouses.
(n) Veterinary clinics.
(0) Warehouses.
(p) 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 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
supportlve of the primary use located on the same site:
(a) B r 0 a d cas tin g I com m un i cat ion s ,
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 offices 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.
(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
Admlnistrator to be similar to those listed above and which are
cons1stent with, and not more disturbing or disruptive 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.
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(4) Service stations shall be 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
permitted unless mitigation measures are submitted and are
acceptable to the Zoning Administrator.
(B) Conditionally Permitted Uses. The following uses
may be permitted subject to the issuance of a Conditional Use
Permit:
(1) Automobile dealerships.
(2) Automobile repair and automobile painting
facilities, and expansion of existlng 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.
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(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.
(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 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 Wh1ch 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 sectlon 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.
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(e) 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.
(D) Property Development Standards. All property in the
area designated as Interim Zoning study Area on the map attached
hereto as IrExhlbit 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 permitted with the approval of a Conditional Use
Permit for projects containing 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
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expansion of public or private elementary and 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
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
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(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 lS necessary 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. 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
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side commercial parcel line. A required interior side yard shall
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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.
(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
additions to existing bUlldings,
and any other exter ior
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.
Subj ect to Section 4 of this
ordinance, the requirements of section 2 of this Ordinance shall
apply to all projects developed on any property in an area
designated Interim Zoning study Area on the map attached hereto as
"Exhibit AU.
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SECTION 4. Exemotions. 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 after June 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 tha t extent necessary to
effectuate the provisions of this Ordinance.
SECTION 7. ordinance No. 1734 (CCS) lS hereby repealed.
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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.
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:
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State of CalIfornIa )
County of Los Angeles ) SS
CIty of Santa Moruca )
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I. Clance E. Dykhouse. CIty Clerk of the CIty of Santa Monica, do hereby certify that the
foregomg Ordmance No. 1777 (CCS) had Its first readmg on November 15, 1994 and had
Its second readmg on November 22, 1994 and was passed by the followmg vote:
Ayes CouncIlmembers
Noes CouncIlmembers:
Abstam CouncIlmembers
Absent: CouncIlmembers'
Abdo, Genser, Holbrook, Olsen, Vazquez
Greenberg
Rosenstem
None
ATTEST
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CIty Clerk