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
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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,
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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.
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(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
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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.
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(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:
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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,
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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.
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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
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~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 \.