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O1877 CA:f:\atty\muni\laws\mhs\roof City council Meeting: 4-15-97 santa Monica, California ORDINANCE NUMBER 1877 (CCS) (City council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING ZONING ORDINANCE SECTIONS 9.04.08.18.040, 9.04.08.18.050, AND 9.04.08.18.060 TO ALLOW ROOFTOP PARKING ON PARCELS DIRECTLY ABUTTING OR SEPARATED BY AN ALLEY FROM A RESIDENTIAL ZONE IN THE C-3 ZONING DISTRICT WHEREAS, on April 1, 1996, an application was filed for an amendment to Zoning Ordinance Part 9.04.08.18 to allow, under specified circumstances, the construction of rooftop parking in the C3 zoning District; and WHEREAS, on March 5, 1997 the Planning commission held a pUblic hearing on the proposed Amendment, and recommended city Council adoption; and WHEREAS, the City council held a public hearing on the proposed Amendment; and WHEREAS, the city council finds and declares that the proposed amendment is consistent in principle with the goals, objectives, policies, land uses, and programs specified in the adopted General Plan in that the allowance of rooftop parking on commercial parcels 1 is consistent with the purpose of the C3 (Downtown Commercial District) which is to provide adequate parking facilities to support important commercial corridors and neighborhood commercial areas of the city, while at the same time ensuring that each parking facility will not adversely affect the environment, residential properties that abut or are separated by an alley from the subject site, or diminish the integrity of the commercial district in which it is located; and WHEREAS, the City Council finds and declares that the public health, safety, and general welfare require the adoption of the proposed amendment in that any proposed rooftop parking which meets the required criteria will require approval of a Conditional Use Permit thus ensuring the integrity and the character of the district will not be impaired, and ensuring that the proposed use is compatible with existing and proposed land uses on the site, and within the district's general area, that there are adequate utilities, services and access, and that the proposed use will not result in an overconcentration of such uses in the immediate area; and WHEREAS, the public health, safety and general welfare require the adoption of the proposed amendment in order to provide more flexibility for site development within the downtown commercial district thereby preserving the quality of life in the adjacent and surrounding areas, 2 NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. section 9.04.08.18.040 of the Santa Monica Municipal Code is amended to read as follows: 9.04.08.18.040 conditionally permitted uses. The following uses may be permitted in the C3 District subject to the approval of a Conditional Use Permit: (a) Automobile parking structures. (b) Bed and breakfast facilities. (c) Billiard parlors. (d) Bowling alleys. (e) Cinemas. (f) Clubs and lodges. (g) Convention and conference facilities. (h) Expansion or intensification of automobile repair facilities existing as of July 11, 1995. (i) Funeral parlors and mortuaries. (j) Homeless shelters with fifty-five beds or more. (k) Liquor stores. (l) Nightclubs. (m) Open-air farmers markets. 3 (n) Service stations. (0) Skating rinks. (p) Take-out restaurants. (q) Rooftop parking. Section 2. section 9.04.08.18.050 of the Santa Monica Municipal Code is amended to read as follows: 9.04.08.18.050 Prohibited uses. (a) Drive-in, restaurants. (b) Firearms dealerships. (c) Any use not specifically authorized. drive-through and fast-food Section 3. section 9.04.08.18.060 of the Santa Monica Municipal Code is amended to read as follows: 9.04.08.18.060 property development standards. All property in the C3 District shall be developed in accordance with the following standards: (a) Maximum Bui14inq Heiqbt. Three stories, not to exceed forty-five feet, except for the following: (1) For parcels in the area bounded by 5th Court, 6th Court, Colorado Avenue and wilshire Boulevard, the 4 maximum height shall be five stories, sixty feet provided there is no retail above the first floor and only residential uses above the second floor. (2) For parcels in the area bounded by 6th Court, 7th Court, Colorado Avenue and wilshire Boulevard and the north side of Wilshire Boulevard between 2nd street and 7th street, the maximum height shall be four stories, fifty feet provided there is no retail above the first floor and only residential uses above the second floor. There shall be no limitation on the number of stories of any hotel, detached parking structure, or structure containing at least one floor of residential use, so long as the height does not exceed the maximum number of feet permitted in this section. (b) xaximum Floor Area Ratio. 2.0, except that in the area bounded by 5th Court, 7th Court, Colorado Avenue and Wilshire Boulevard, and the area on the north side of Wilshire Boulevard between 2nd street and 7th street, the FAR for commercial square footage shall not exceed 1.5. Floor area devoted to residential uses shall be counted at fifty percent. (c) Minimum Lot size. 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 parcels existing on the effective date of this Chapter shall not be subject to this requirement. 5 (d) Front Yard Setback. Landscaping as required pursuant to the provisions of Part 9.04.10.04. (e) Rear Yard setback. None, except: (1) Where rear parcel line abuts a residential district, a rear yard equal to: 5' +(stories x lot widthl 50' The required rear yard may be used for parking or loading to within five 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 feet or more than six 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 Part 9.04.10.04. (f) Side Yard setback. None, except: ( 1) Where the interior side parcel line abuts a residential district, an interior side yard equal to: 6 5' +{stories x lot width} 50' The interior side yard may be used for parking or loading no closer than five 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 feet or more than six 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 Part 9.04.10.04. (3) A ten-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 ten 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 development review permit is required for any development of more than thirty thousand square feet of floor area, except that for applications involving the demolition and replacement of an existing single-purpose grocery store on a parcel which is not adjacent to a residentially zoned district, 7 with a store which has a minimum of twenty-five thousand square feet of floor area, only a net new floor area addition of more than thirty thousand square feet shall be subject to Development Review. (h) Maximum uninterrupted Building Facade. Everyone hundred feet of building facade at the street frontage shall contain at least one public entrance or other publicly accessible pedestrian oriented use. (i) Ground floor street frontage of each structure shall be of a pedestrian oriented design. SECTION 4. 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, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. 8 SECTION 5. 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 6. 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: ~~}~~ MARSHA J,gNES MOUTRIE City Attorney 9 ~nn~~ State of CalIfornIa ) County of Los Angeles) ss Cny of Santa MOllIca ) I, Mana M Stewart, CIty Clerk of the Cny of Santa f\.1omca, do hereby certIfy that the foregomg Ordmance 1'"0 1877 (CCS) had Its first readIng on Apn18. 1997, and had Its second readmg on Apn115. 1997 and was passed by the follO\vmg vote Ayes CouncIl members F eInstem, Genser, Greenberg, Mayor Pro Tern Holbrook, Mayor O'Connor ~oes Council members None AbstaIn CouncIl members Rosenstem Absent CouncIl members Ebner ATTEST ~ ~ ~AAt- CIty Clerk \.