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O1841 (2) e e f:\ppd\share\bayside\bscord2 City Council Meeting 02-13-96 Santa Monica, California ORDINANCE NUMBER 1841 (CITY COUNCIL SERIES) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING ORDINANCE SECTION 9.04.02.030.142 ESTABLISHING A DEFINITION FOR BILLIARD PARLORS, AMENDING ZONING ORDINANCE SECTION 9.04.08.20.060 REGARDING THE C3-C DOWNTOWN OVERLAY DISTRICT PROPERTY DEVELOPMENT STANDARDS, ADDING PART 9.04.08.15 ESTABLISHING ZONING STANDARDS FOR THE BAYSIDE COMMERCIAL DISTRICT, AND AMENDING MUNICIPAL CODE SECTION 9.52.170 REGARDING SIGNAGE STANDARDS IN THE BAYSIDE DISTRICT SPECIFIC PLAN AREA WHEREAS, the Planning Commission adopted a Resolution of Intention to amend the development standards and permitted uses in portions of the C3 and C3-C districts of the City and create the Bayside commercial District ("BSe District"); and WHEREAS, the Planning commission held a public hearing on the BSC District standards and made recommendations to the City Council following the hearing; and WHEREAS, the city Council, concurrently with this Ordinance, has adopted an amendment to the Official Districting Map establishing the BSC District; and WHEREAS, the city council held a public hearing on the Bse District standards; and 1 e e WHEREAS, the city council f1nds and declares that the proposed amendment to establish zoning standards for the Bse District is consistent in principle with the goals, objectives, policies, land uses, and programs specified in the adopted General Plan, in that, consistent with Land Use and circulation Element Policies for the Downtown Core and Objective 1. 3, the development standards and permitted uses designated for the Bse District further the goal of reinforcing Downtown as the focus of the city supporting the greatest concentration of activity; and consistent with Objective 1.4, the development standards and permitted uses designated for the BSC District further the goal of recognizing the important role the Third street Promenade plays in making Downtown the activity focus of the city; and WHEREAS, the public health, safety, and general welfare require the adoption of the proposed amendment, in that the BSC District standards set appropriate standards for mixed-use development in the area in order to encourage residential development and allow non-residential growth in amounts sufficient to keep the city fiscally sound, and at a level that will protect the health and welfare of city residents and maintain quality of life standards, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: 2 e e SECTION 1. Section 9.04.02.030.142 of the Municipal Code is added to read as follows: 9.04.02.030.142 Billiard Parlor. portion thereof in which there tables. are four Any (4) establishment or or more billiard SECTION 2. section 9.04.08.20.060 of the Municipal Code is amended to read as follows: 9.04.08.20.060. Property Development Standards. The property development standards for the C3-C District shall be four stories, fifty-six feet and 2.5 FAR, except that floor area devoted to residential uses shall be discounted by fifty percent. For parcels bounded by 4th Court, 5th Court, Colorado Avenue and Wilshire Boulevard, the maximum height shall be six stories, seventy-six feet, and the FAR for commercial square footage shall not exceed 2.5. For such projects, no more than twenty percent of the second floors shall be devoted to retail uses, and the fifth and sixth floors shall be devoted entirely to residential uses. The top floor may contain a restaurant provided the same amount of square footage occupied by the restaurant is provided in residential square footage on the second, third or fourth floors. There shall be no limitation on the number of stories of any hotel, or structure containing at least one floor of residential uses, so long as the height does not exceed the maximum number of 3 e e feet permitted in this section. SECTION 3. Part 9.04.08.15 1S added to the Municipal Code to read as follows: Part 9.04.08.15 BSCD BAYSIDE COMMERCIAL DISTRICT 9.04.08.15.010. Purpose. The BSC District is intended to provide for a concentration of retail, entertainment, off1ce and housing uses in addition to complementary uses such as hotels and cultural facilities. The development standards for the Bse District are intended to permit a greater amount of floor area per parcel than other zoning districts in order to encourage an increase in the mix of uses and level of activity in the area wh1le providing for development that maintains a sense of human scale and pedestrian-oriented character, consistent with the goals, object1ves, and policies of the General Plan. 9.05.08.15.015. Definitions. The following words or phrases as used in this Part shall have the following meanings: Bayside commercial District-1 CBSC-1) That area bounded by wilshire Boulevard on the north, Broadway on the south, Mall Court East on the east, and Mall Court West on the west. Bayside Commercial District-2 (BSC-2) That area bounded 4 e e by wilshire Boulevard on the north, Broadway on the south, Mall Court West on the east, and Second Street on the west, and that area bounded by Wilshire Boulevard on the north, Broadway on the south, Fourth street on the east, and Mall Court East on the west. Bayside commercial oistrict-3 (BSC-3) That area bounded by wilshire Boulevard on the north, Broadway on the south, Fourth Court Alley on the east and Fourth street on the west. Bayside Commercial oistrict-4 (BSC-4) That area bounded by Wilshire Boulevard on the north, Broadway on the south, Second street on the east, and First Court Alley on the west. Block One. That area bounded by Wilshire Boulevard on the north, Arizona Avenue on the south, Fourth Court Alley on the east, and Mall court East on the west. Block Two. That area bounded by Arizona Avenue on the north, Santa Monica Boulevard on the south, Fourth Court Alley on the east, and Mall Court East on the west. Block Three. That area bounded by Santa Monica Boulevard on the north, Broadway on the south, Fourth Court Alley on the east, and Mall Court East on the west. Block Four. That area bounded by Wilshire Boulevard on the north, Arizona Avenue on the south, Mall Court East on the east, and Mall Court West on the west. Block Five. That area bounded by Arizona Avenue on the north, Santa Monica Boulevard on the south, Mall Court East on the east, and Mall Court West on the west. Block six. That area bounded by Santa Monica Boulevard 5 e e on the north, Broadway on the south, Mall Court East on the east, and Mall Court West on the west. Block Seven. That area bounded by Wilshire Boulevard on the north, Arizona Avenue on the south, Mall Court West on the east. and First Court Alley on the west. Block Eight. That area bounded by Arizona Avenue on the north, Santa Monica Boulevard on the south, Mall Court West on the east, and First Court Alley on the west. Block Nine. That area bounded by Santa Monica Boulevard on the north, Broadway on the south, Mall Court West on the east, and First Court Alley on the west. Fast Food Food Court. A multi-tenant food service complex with at least four food service outlets where the complex is under common management, there is no table service, and tenants share common seating area. The size of the individual food service facilities shall be limited to 750 square feet and the complex must include a dedicated public passageway from the Third Street Promenade to the rear alley. 9.04.08.15.020. Permitted Uses. (1) The following uses shall be permitted in the BSC-1 portion of the Bse District. All uses shall be conducted within an enclosed building, except where otherwise specified: (a) Art galler1es. (b) Artist studios above the first floor and at the rear 75' of a parcel. 6 e e (c) Bakeries. (d) Barber or beauty shops. (e) Business colleges. (f) Child day care centers. (g) Cleaners. (h) Congregate housing. (i) Cultural facilities. (j) Dance studios. (k) Domestic violence shelters. (1) Exercise facilities. (m) General offices above the first floor and in the rear 75' of a parcel. (n) General retail. (0) Homeless shelters with less than fifty-five beds. (p) Medical, dental and optometrist clinics and laboratories above the first floor and in the rear 75' of a parcel. (q) Multifamily dwelling units. (r) Museums. (s) Outdoor newsstands. (t) Pawnbrokers. (u) Photocopy shops. (v) Places of worship. (w) Restaurants, subject to the limitations contained in Section 9.04.08.15.080. (x) Senior group housing. (y) Senior houslng. 7 e e (z) Sidewalk cafes, subject to the provisions of the Outdoor Dining Standards for the Third Street Promenade, approved by Resolution of the City Council. (aa) Single-room occupancy housing. (bb) Tailors. (cc) Trade schools. (dd) Transitional hous1ng. (ee) Accessory uses which are determined by the Zoning Administrator to be necessary and customarily associated with and appropriate, incidental, and subordinate to, the principal permitted uses and which are consistent and not more disturbing or disruptive than permitted uses. (ff) Other uses determined by the zoning Administrator to be similar to those listed above and which are consistent and not more disturbing or disruptive than permitted uses. (2) The following uses shall be permitted in the BSC-2, BSC-3 and BSC-4 portions of the BSC District. All uses shall be conducted within an enclosed building, except where otherwise specified: (a) Art galleries. (b) Artist studios above the first floor. (c) Appliance repair shops. (d) Bakeries. (e) Banks and savings and loan institutions. (f) Barber or beauty shops. (g) Business colleges. 8 e e (h) Child day care centers. (i) Cleaners. (j) Congregate housing. (k) Cultural facilities. (l) Dance studios. (m) Domestic violence shelters. (n) ExerClse facilities. (0) General offices above the first floor and in the rear 75' of a parcel. (p) General retail. (q) Homeless shelters with less than fifty-five beds. (r) Laundromats. (8) Medical, dental and optometrist clinics and laboratories above the first floor and in the rear 50' of a parcel. (t) Multifamily dwelling units. (u) Museums. (v) Outdoor newsstands. (w) Pawnbrokers. (x) Party equipment rentals. (y) Photocopy shops. (z) Places of worship. (aa) Restaurants, subject to the limitations contained in Section 9.04.08.15.080. (bb) Senior group housing. (ec) Senior housing. (dd) single-room occupancy housing. 9 e e (ee) Tailors. (ff) Theaters. (gg) Trade schools. (hh) Transitional housing. (i~) Accessory uses which are determined by the Zoning Administrator to be necessary and customarily associated with and appropriate, incidental, and subordinate to, the principal permitted uses and which are consistent and not more disturbing or disruptive than permitted uses. (j j) other uses determined by the Zoning Administrator to be similar to those listed above and which are consistent and not more disturbing or disruptive than permitted Uses. 9.04.08.15.030. Uses subject to performance standards permit. (1) The following uses may be permitted in the BSC-1 portion of the BSC District subject to the approval of a Performance Standards Permit: (a) None. (2) The following uses may be permitted in the BSC-2, BSC-3 and BSC-4 portions of the Bse District subject to the approval of a Performance Standards Permit: (a) Sidewalk cafes, subject to the limitations contained in Section 9.04.08.15.080. 9.04.08.15.040 Conditionally permitted uses. (1) The follow1ng uses may be permitted in the Bse-1 portion 10 e e of the BSC District subject to the approval of a conditional use permit: (a) Bars, subject to the limitations contained in Section 9.04.08.15.080. (b) Billiard parlors. (c) Bowling alleys. (d) cinemas. (e) Clubs and lodges. (f) Convention and conference facilities. (g) Fast food food courts, subject to the limitations contained in section 9.04.08.15.080. (h) Homeless shelters with fifty-five beds or more. (i) Hotels and motels. (j) Nightclubs, subject to the limitations contained in section 9.04.08.15.080. (k) Open-air farmers markets. (1) Skating Rlnks. (m) Theaters. (2) The followlng uses may be permitted in the BSC-2, BSC-3 and BSC-4 portions of the Bse District subject to the approval of a conditional use permit: (a) Automobile parking lots and structures. (b) Bars, subject to the limitations contained in section 9.04.08.15.080. (c) Billiard parlors. (d) Bowling alleys. 11 e e (e) cinemas. (f) Clubs and lodges. (g) Convention and conference facilities (h) Homeless shelters with fifty-five beds or more. (i) Hotels and motels. (j) Nightclubs, subject to the limitations contained in section 9.04.08.15.080. (k) Open-air farmers markets. (I) Skating rinks. 9.04.08.15.050 Prohibited uses. The following uses are prohibited in the BSe-1, BSe-2, BSC-3 and BSC-4 portions of the Bse District: (a) Drive-in and drive-through restaurants. (b) Game arcades. (c) Fast food restaurants, except those located in a fast food food court. (d) Any use not otherwise authorized. 9.04.08.15.060 property development standards. All property in the Bse District shall be developed in accordance with the follow1ng standards: (a) Maximum Building Height and FAR. Maximum building height, number of stories and floor area ratio shall be determined as follows: 12 e e Maximum Maximum Number Maximum District Height of stories FAR BSC-1 56' 4 3.0 BSC-2 56' 4 3.0 BSC-3 56' 4 3.0 BSC-4 45' 3 2.0 Notwithstanding the above: (1) There shall be no limitation on the number of stories of any hotel, parking structure, or structure containing at least one floor of residential use, so long as the height does not exceed the maXlmum number of feet permitted in this section. (2) Floor area devoted to residential uses shall be discounted by fifty (50) percent for the purposes of floor area ratio calculation. (3) Parcels of 15,000 square feet or less within the Passageway Overlay Zone, as depicted in the Bayside District Specific Plan, may be developed to a maximum height of eighty-four (84) feet, and a 3.5 FAR provided the following conditions are met: (i) The top two floors are used exclusively for residential purposes. (ii) All inclusionary units required by section 9.28 of the Municipal Code are provided on site. (iii) Parking for the residential uses is provided on slte, notwithstanding section 9.04.10.08.030(m). 13 e e (i v) A passageway dedicated to the City of Santa Monica as a recorded easement is provided. (v) The dedicated passageway is a minimum of twelve (12) feet in width and is well lighted and visually unobstructed from the Promenade to the alley. (vi) There shall be only one dedicated passageway permitted on each side of each block, however dedicated passageways existing as of the effective date of this Section shall not count toward this limit. (4) Wi th the approval of a Development Review permit, parcels over 15,000 square feet within the Passageway Overlay Zone, as depicted in the Bayside District Specific Plan, may be developed to a maX1mum height of eighty-four (84) feet, and a 3.5 FAR provided the following conditions are met: (i) The top two floors are used exclusively for residential purposes. (ii) All inclus10nary units required by Section 9.28 of the Municipal Code are provided on site. (iii) Parking for the residential uses is provided on site, notwithstanding section 9.04.10.08.030(m). (iv) A passageway dedicated to the City of Santa Monica as a recorded easement is provided. (v) The dedicated passageway 15 a minimum of twelve (12) feet in width and is well lighted and visually unobstructed from the Promenade to the alley. (vi) There shall be only one dedicated 14 e e passageway permitted on each side of each block, however dedicated passageways existing as of the effective date of this section shall not count toward this limit. (5) Wi th the approval of a Development Review permit, parcels in the BSC-2 and BSC-3 Districts may be developed to a maximum height of eighty-four (84) feet, and a 3.5 FAR provided the following conditions are met: (i) The top two floors are used exclusively for residential purposes. (ii) Alllnclusionary units required by Section 9.28 of the Munlcipal Code are provided on site. (iii) Parking for the residential uses is provided on site, notwithstanding Section 9.04.10.08.030(m). (b) Building Stepbacks. For new structures or additions to existing structures, any portion of a building elevation fronting on Second street, Third street Promenade or Fourth street, above thirty (30) feet in height shall be stepped back at a 36.9 degree angle measured from the horizontal. For buildings located in the Passageway Overlay Zone, there shall be no additional stepback requirement above fifty-six (56) feet of building height. In addition, for parcels one hundred feet (100) in depth measured from Wilshire Boulevard, Arizona Avenue, Santa Monica Boulevard or Broadway (cross streets) any portion of a building elevation fronting on the cross street, above thirty (30) feet in height, shall be stepped back fifteen (15) feet from the cross street. The Architectural Review Board may allow the fifteen (15) foot stepback 15 e e to be provided only for the portion of the building above forty- five (45) feet in height if the Architectural Review Board determines that such a stepback is necessary to maintain the District's existing character and to provide visual continuity with nearby structures. (c) Minimum Parcel Size. For all zoning classifications in the Bse District, minimum parcel size shall be seven thousand five hundred square feet. Each parcel shall contain a minimum depth of one hundred fifty feet and a minimum width of fifty feet, except that legal parcels existing on the effective date of this section shall not be subject to this requirement. (d) For all zoning classifications in the Bse District, a Development Review Permit is required for any new development of more than thirty thousand square feet of floor area and for any development with rooftop parking. 9.04.08.15.070. Special project design and development standards. In all zoning classifications in the Bse District, the following specla1 project design and development standards shall apply: (a) Ground floor uses shall be pedestrian oriented uses for a minimum depth of seventy five (75) feet measured from the front of the structures. (b) In any new or reconstructed building, a minimum of seventy (70) percent of the building facade at the street frontage at the ground floor level shall be designed with pedestrian 16 e e orientation, as defined in Part 9.04.02.030 of this Chapter, unless precluded by the presence of significant existing architectural features. (c) In any new or reconstructed building, clear untinted glass shall be used at the ground floor level to allow maximum visual access to the interior of buildings. Mirrored and highly reflective glass shall not be permitted at any level of a structure. (d) In any new or reconstructed building, walk-up facilities shall be recessed and provide adequate queuing space to avoid interruption of the pedestrian flow. (e) Security grills at the street level, shall be designed as an integral component of the building, shall be of the roll-down type, shall have an open web sufficient to provide visibility to the interior when the grill is in the closed position, and shall be placed to the interior of the outside glass. 9.04.08.15.080. Limitations on food uses and alcohol outlets. (a) The number of alcohol and food serving establishments in the Bse District shall be limited on a block by block basis. For purposes of this sectlon, a food serving establishment shall include any restaurant, including, without limitation, any drive-through or drive-in restaurant, fast-food or take-out restaurant, or sidewalk cafe, and any use which includes incidental food service. The number of food serving establishments and on-sale alcohol outlets in the Bse District shall not exceed 17 e e the limitations below. For purposes of this section, fast food food courts shall be counted as one food serving establishment and one alcohol outlet, even though individual tenants within a fast food food court may be required to obtain separate Conditional Use Permits in order to obtain an on-sale alcohol license. Block 1: Food Serving Establishments: 4, 0 of which may have a Type 41 (On-Sale Beer and Wine) or Type 47 (On-Sale General) Alcohol License, and 0 of which may be a fast food food court. However, no more than 2 food serving establishments shall be permitted on each side of Block 1. Type 48 (On-Sale General for Public Premise) Alcohol License: O. Other On-Sale Alcohol License Types: o. Block 2: Food Serving Establ i shments : 4, 2 of which may have a Type 41 (On-Sale Beer and wine) or Type 47 (On-Sale General) Alcohol License, and 0 of which may be a fast food food court. However, no more than 2 food serving establishments shall be permitted on each side of Block 2. Type 48 (On-Sale General for Public Premise) Alcohol License: o. Other On-Sale Alcohol License Types: o. Block 3: Food Serving Establishments: 8, 7 of which may have a Type 41 (On-Sale Beer and Wine) or Type 47 (On-Sale General) Alcohol License, and 0 of which may be a fast food food court. However, no more than 6 food serving establishments shall be permitted on the west side of Block 3. Type 48 (On-Sale General for Public Premise) Alcohol License: o. Other On-Sale Alcohol License Types: O. 18 e e Block 4: Food Serving Establishments: 18, 10 of which may have a Type 41 (On-Sale Beer and Wine) or Type 47 (On-Sale General) Alcohol License, and 1 of which may be a fast food food court. Type 48 (On-Sale General for Public Premise) Alcohol License: o. other On-Sale Alcohol License Types: o. Block 5: Food Serving Establishments: 16, 10 of which may have a Type 41 (On-Sale Beer and Wine) or Type 47 (On-Sale General) Alcohol License, and 1 of which may be a fast food food court. Type 48 (On-Sale General for Public Premise) Alcohol License: o. other On-Sale Alcohol License Types: o. Block 6: Food Serving Establlshments: 18, 11 of which may have a Type 41 (On-Sale Beer and Wine) or Type 47 (On-Sale General) Alcohol License, and 1 of which may be a fast food food court. Type 48 (On-Sale General for Public Premise) Alcohol License: o. other On-Sale Alcohol Llcense Types: O. Block 7: Food Serving Establishments: 4, 2 of which may have a Type 41 (On-Sale Beer and Wine) or Type 47 (On-Sale General) Alcohol License, and 0 of which may be a fast food food court.. However, no more than 2 food serving establishments shall be permitted on each side of Block 7. Type 48 (On-Sale General for Public Premise) Alcohol License: o. Other On-Sale Alcohol License Types: o. Block 8: Food Serving Establishments: 4, 2 of which may have a Type 41 (On-Sale Beer and Wine) or Type 47 (On-Sale General) Alcohol License, and 0 of which may be a fast food food court. However, no more than two food serving establishments shall be 19 e e permitted on each side of Block 8. Type 48 (On-Sale General for Public Premise) Alcohol License: O. Other On-Sale Alcohol License Types: O. Block 9: Food Serving Establ1shments: 8, 6 of which may have a Type 41 (On-Sale Beer and Wine) or Type 47 (On-Sale General) Alcohol License, and 1 of which may be a fast food food court. Type 48 (On-Sale General for Pub11C premise) Alcohol License: O. Other On-Sale Alcohol License Types: 1. 9.04.08.15.090 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 this Article. SECTION 4. section 9.52.170 of the Municipal Code is amended to read as follows: 9.52.170 Bays1de D1strict Specific Plan Area. The standards for signs contained in the approved Bayside District Specific Plan shall prevail over conflicting provisions contained in sections 9.52.130, 9.52.140, 9.52.150, and 9.52.160 with respect to signs on buildings located within the Bayside District Specific Plan area. SECTION 5. Notwithstanding the limitations on food serving ... 20 e e establishments and alcohol outlets set forth in section 3 (to be codified at Municipal Code Section 9.04.08.15.080), a maximum of two separate food service establishments with up to two on-sale alcohol licenses shall be allowed, provided the establishments are contained in the buildings located at 1201-1221 Third Street Promenade, none of the two restaurants contain more than 200 seats, and the total number of seats does not exceed 360. This exemption does not affect the requirement to obtain any other city permits, including, without limitation, Conditional Use Permits or alcohol exemptions for the sale of alcohol at the individual food service . ~ establlshments. This exemption shall expire one year from the effective date of this Ordinance unless an application for such establishment(s) has been submitted and deemed complete by that date. section 6. The provisions of this ordinance shall not apply to any project for which an application was deemed complete prior to January 23, 1996. Any such project may however elect to be governed by the provisions of this ordinance rather than those in effect at the time the project was deemed complete. SECTION 7. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of the Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect the provision of this Ordinance. 21 e e SECTION 8. Ordinance 1770 (CCS) is hereby repealed. SECTION 9. Ordinance 1820 (CCS) is hereby repealed. SECTION 10. 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 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 11. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause this ordinance, or a summary thereof 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: ~~#~ ~U-~ city Attorney 22 e e ~~~-~ Mayor State of CahforllIa ) County of Los Angeles) ss CIty of Santa MOllIca ) I, Mana M Stewart, CIty Clerk of the CIty of Santa Moruca, do hereby certIfy that the foregomg Ordmance No 1841 (CCS) had Its first readmg on January 23_ 1996 and had Its second readmg on February 13, 1996 and was passed by the followmg vote Ayes CouncIl members Abdo, Genser, O'Connor, Rosenstem Noes Councll members Greenberg, Holbrook, Ebner Abstam CouncIl members None Absent CouncIl members None ATTEST CIty Clerk ~.~J \