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O1907 f\atty\muru\laws\bany\C3-C wpd CIty Council Meet10g 3-24-98 Santa Maruca, Cahfornia ORDINANCE NUMBER1907 (CCS) (City Councd Senes) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MODIFYING THE DEVELOPMENT STANDARDS IN THE C3-C DOWNTOWN OVERLAY DISTRICT ON AN INTERIM BASIS THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS SECTION 1 Findings and Purpose; The City Councd finds and declares (a) The CIty has a long-standmg policy of encouragmg residenttaI development or mIxed use development 10 Its commercIal zones (b) In 1993, the CIty amended the Zoning Ordmance to condttlOnally permit residentIal development In the SpecIal Office Commercial (C5) and Industrial Conservahon (Ml) Districts, and to permit residentIal uses as a matter of nght m most other commercial distncts, 10cludmg the City's downtown district, the C3-C Downtown Overlay DIstnct ("C3-C Dlstnct") (c) ReSidentIal development m the CIty'S C3-C Dlstnct helps to create an achve and VIbrant central commercial district (d) In addItion to penruttmg residential development 10 the C3-C DIstrict as a matter of nght, any floor area devoted to reSIdential use IS eligible to receIVe a FAR (Floor Area Ratto) dIscount offifty percent (50%) 1 (e) Discounting floor area devoted to reSidential use in commercial distncts to encourage residential development is consistent with the CIty's Land Use Element (f) To further encourage new residential development in commercial zones, the City desires to streamline the approval process for such development 10 companson to other projects, where appropriate (g) Presently, the C3-C DIstnct standards reqUire a development reVIew penrut for any new development of more than thirty thousand square feet of floor area No discounting for residential use is authonzed (h) The reqUIrement of a development reVIew permIt adds additIOnal time and expense to the reView ofa project and also subjects a project to enVironmental reView (i) Given these Circumstances, the Zoning Ordmance reqUIres review and revision as it pertains to the development review permit threshold m the C3-C Dlstnct for projects with floor area devoted to residential use to ensure that the approval process for these projects is streamlined as a way to further facilItate residentIal development (j) Pendmg the study and possIble amendment of the Zoning Ordmance, It IS necessary, on an interim basIs, to modify the eXlstmg special project design and development standards in the C3-C District to provide that for the purposes of assessing whether a development reView permit IS required for new development, floor area devoted to residential uses shall be discounted by fifty percent (50%) (k) Discounting the floor area devoted to residential use wIll raise the threshold at which residential projects must obtain a development review permit, thereby reducmg the number of residential projects subject to this reView 2 (1) There IS a current and Immediate threat to the pubhc health, safety, or welfare because opportunities to develop new housmg in the CIty without demohshmg eXIsting housing are very limited glVen that the CIty encompasses only eight (8) square miles and IS fully butlt out and project applicants may choose to undertake commercial development rather than residentIal development unless the review process for resIdential development is streamlmed Such a result is counter to the City's goal of encouragmg resIdentIal development and could lead to greater traffic Impacts and congestIOn in the CIty'S downtown For these reasons, fadure to adopt this intenm ordinance would result m a threat to the public health, safety, or welfare SECTION 2 Intenm Zoning No development or pennlt shall be approved pursuant to Chapter 1 of Article IX of the Santa Maruca MUniCipal Code for land m the C3-C Downtown Overlay DIstnct unless the following findings are made (1) The project complies WIth eXIsting C3-C Downtown Overlay District development standards except, for purpose of determimng whether a development review pennit IS required pursuant to Santa Momca MuniCIpal Code Section 9 04 08 20 070(b), floor area devoted to residential uses shall be dIscounted by fifty percent (50%) (2) The application for a project was deemed complete on or after February 17, 1998 SECTION 3 This ordmance shall be of no further force and effect forty-five (45) days from the date of its adoptIon, unless pnor to that date, after a public hearing, noticed pursuant to 3 Santa Monica Municipal Code SectiOn 9 04 20 22 050, the City Council, by majonty vote, extends this mtenm ordmance SECTION 4 Any provision of the Santa Monica Municipal Code or appendices thereto mconsistent With the proVlsions oftrus Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of thts Ordinance SECTION 5 If any sectlOn, subsection, sentence, clause, or phrase oftrus Ordinance is for any reason held to be Invahd or unconstitutional by a decIsIon of any court of competent jurisdiction, such decisLon shall not affect the validIty of the remaining portions of this Ordmance The City Council hereby declares that It would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared mvalid or unconstItutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional 4 SECTION 6 The Mayor shall sign and the City Clerk shall attest to the passage oftlus Ordinance The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoptiOn This Ordmance shall become effective thirty (30) days after its adoption APPROVED AS TO FORM r~; 11.". J , iL-tL" 1rLa.trx-.-.. MARSHA JO S MOUTRIE City Attorney 5 L-~ Robert T Holbrook, Mayor State of Cahforrna ) County of Los Angeles) S5 CIty of Santa MOlllca ) L Mana M Stewart, CIty Clerk of the CIty of Santa MOlllca, do hereby certIfy that the foregomg Ordmance No 1907 (CCS) ,vas mtroduced for first readmg on March 3. 1998. and was adopted on March 24, 1998 by the follO\~ang vote Ayes Councll members Ebner, Femstem. Genser, Greenberg. Holbrook, O'Connor. Rosenstem :-..Joes CounCIl members ~one Abstam CounCIl members None Absent Councll members None ATTEST '---- ~~_~-J- Marla M Stewart. CIty Clerk