O1975
f,\atty\mum\laws\barry\monlntord-1 wpd
City Council Meeting 5-23-00
Santa Momca, California
ORDINANCE NUMBER 1975
(CCS)
(City CounCil Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
MODIFYING DEVELOPMENT STANDARDS, USES SUBJECT TO A
PERFORMANCE STANDARDS PERMIT, USES SUBJECT TO A USE
PERMIT, PROHIBITED USES AND THE DEVELOPMENT REVIEW THRESHOLD
WITHIN THE C2 NEIGHBORHOOD COMMERCIAL DISTRICT ALONG MONTANA
AVENUE AND DECLARING THE PRESENCE OF AN EMERGENCY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS
Section 1 Fmdlnqs and Purpose The CIty CounCil finds and declares
(a) The Land Use Element of the General Plan Identifies the commercial area
along Montana Avenue as a neIghborhood commercial district. ObjectIve #1.7 requires
that neighborhood commercial districts "Protect and expand uses that provIde forthe day-
to-day shopping and service needs of nearby reSidents",
(b) Objective #1 2 of the Land Use and Circulation Element requires that the
City's poliCies' "Ensure compatIbility of adjacent land uses with particular concern for
protecting reSidential neighborhoods"
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(c) Montana Avenue IS zoned C2 Neighborhood Commercial Dlstnct. Consistent
wIth the General Plan, thIs district IS mtended to promote businesses providing
convenience goods and services used frequently by local resIdents while providing for a
scale and character of development that is consistent with pedestnan-onentatlon and
walk-m clientele The Montana Avenue commercial dlstnct IS surrounded by reSidential
districts
(d) The commercial area along Montana Avenue IS dominated by smgle story
bUildings, scaled to the pedestrian This street has hlstoncally provided a mix of
commercial uses, mcludlng retail and service busmesses, which serve the adjacent
residential neighborhoods to the north and south.
(e) Recent trends have transformed the mix of businesses on Montana Avenue
from those that serve the local community to those that attract patrons from the larger
regional area. As a result, greater numbers of vIsitors are patronizing the area ThiS growth
and change has Significantly Increased the pedestnan and vehicular traffic in thiS area and
heightened the nOise and congestion assocIated With these activities.
(f) The City CounCIl has received extensive wntten commUnication and testimony
from the community regarding the Impacts on area reSidents that have resulted from
Increased bUildIng Size, Increased development and business actiVity, and subsequent
Increases In vehIcular and pedestrian traffic wlthm the area
(9) There has been a proliferatIon of business establishments along Montana
Avenue that Include inCidental food service as part of their operation. The maJonty of these
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establishments are located within a five block area between 7th Street and 12th Street and
In the two blocks between Euclid Street and 15th Street ThIS growth In InCIdental food
establishments has led to a concurrent growth In Sidewalk dining areas and related
amenitIes. ThiS has reduced the area available for pedestnan access at a tIme when there
IS an ever Increasing number of pedestnans, creates potential safety hazards, and
negatively Impacts business establishments and patrons
(h) More than fifty percent of existing properties In the commercial dlstnct along
Montana Avenue consist of parcels With 7,500 square feet or less which have the potential
to be combIned to accommodate larger scale developments such as two recently approved
2-story projects of Just under 11,000 square feet on 15,000 square foot parcels.
(i) Larger scale developments have the potential for adverse nOIse, traffic,
parking, aesthetiC, pnvacy, light and air, and shade and shadow Impacts on the Single
family reSidential area to the north of Montana Avenue and on the low denSity multi-family
area to the south.
(J) New, larger developments In the commercial dlstnct along Montana Avenue
have the potential for incompatibility With the existing scale and character of the area and
would not proVide an appropnate tranSition between the commercial dlstnct and the
nelghbonng reSidential areas.
(k) The potential for development and the allowable land uses under the current
standards contained In the Zoning OrdInance, including dIning areas and outdoor
newsstands on the public Sidewalk, pose a current and Immediate threat to the public
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health, safety and welfare of the nearby residents and the approval of permits for such
development would result In a threat to the public health, safety and welfare.
(I) For the reasons stated above, the Zoning Ordinance requires review and
revision as It pertains to the appropriate development standards and uses in the C2 District
along Montana Avenue
(m) Pending completion of thiS review and reVISIon, In order to protect the public
health, safety and welfare, it is necessary on an interim basIs to change the current
development standards and land uses whIch can occur Within the C2 Distnct on Montana
Avenue In the following manner reduce allowable floor area ratios, reduce the
development review thresholds to allow for environmental review and more public review
and comment on larger developments, and prohibit sidewalk cafes and other uses of the
publiC sIdewalk The Intenm development and land use standards are necessary to ensure
that the character of the commercial district along Montana Avenue is not Irreversibly
changed to the detriment of the nearby reSidential areas.
(n) As described above, there eXists a current and Immediate threat to the public
safety, health and welfare should the interim ordinance not be adopted and should
development and land uses inconsistent With the contemplated revisions to the
development standards and land uses in the C2 Dlstnct on Montana Avenue be allowed
to occur Approval of additional development or land uses inconsistent With the proposed
Interim standards would result In a threat to the public health, safety or welfare. Therefore,
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It is necessary to establish on an Intenm basIs the following standards for the C2 District
on Montana Avenue,
SECTION 2. Interim Zoning
City staff IS directed to disapprove all applications for administrative approval and
development review permits fIled after May 23. 2000 for any development or business
Within the C2 District on Montana Avenue between Sixth Court and Seventeenth Street
unless the project or business complies With the following standards
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Permitted Uses.
All uses permitted In Section 9 04.08 16 020 of the
Santa MOnica MUnicipal Code
2 Uses subject to performance standards permit.
(a) Large family day care homes.
3. Uses subject to use permit.
(a) Outdoor newsstand, except those on a publiC sidewalk or rlght-of-
way
4. Conditionally permitted uses. All uses permitted In Section 9.04.08 16 040
of the Santa Monica Municipal Code
5. Prohibited uses.
(a) Cinemas
(b) Drive-in and drive-through restaurants
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(c) Firearms dealershIps.
(d) Incidental food service
(e) Outdoor newsstands on public sidewalk or right-of-way
(f) Parking structures located below the ground in conjunction with
commercial development, except for parking below grade exclusIvely
for residential uses.
(g) Rooftop parking
(h) Sidewalk cafes.
(I) Any use not speCifically authorized.
6 Property development standards. All property shall be developed In
accordance with the following standards
(a) Front Yard Setback. Landscaping as required pursuant to Santa
MOnica MUnicipal Code Part 9.04 10.04 The bUilding must comply
with bUlld-to-lIne requirements pursuant to the prOVIsIons contained
In Santa MOnica MUniCipal Code Section 9 04.10.02.050
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(b) Maximum Building Height. Two stones, not to exceed thirty feet
(c) Maximum Floor Area Ratio. The maxImum floor area ratio shall be
determined as follows'
Parcel Square Footage
FAR
FAR If at Least Thirty
Percent of Project IS
Residential
0-7,500
7,501 -15,000
15,001 - 22,500
22,501 and up
0.60
0.40
0.35
0.25
0.75
075
0.65
0.55
(d) Minimum Lot Size. Seven thousand five hundred square feet Each
parcel shall have minimum dimensions of fifty feet by one hundred
fifty feet, except that parcels eXlstmg on the effective date of thiS
Chapter shall not be subject to thiS requirement
(e) Rear Yard Setback. None, except:
(1) Where rear parcel line abuts a reSidential dlstnct, a rear yard equal
to'
5' + (stones x lot Width)
50'
The required rear yard may be used for parkmg 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
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Access dnveways 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.
(2) That needed to accommodate landscaping and screening for a
rear yard buffer requ Ired pursuant to the provIsions of Part 9.04.1 0 04
(f) Side Yard Setback. None, except:
(1) Where the intenor side parcel line abuts a residential district, an
Intenor side yard equal to'
5' + (stones x lot width)
50'
The Intenor side yard may be used for parking or loading to within five
feet to the Intenor 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 intenor 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 904 1004
(3) A ten-foot setback from an intenor property line shall be required
for portions of buildings that contain Windows, doors, or other
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openings mto the mtenor of the building. An mterlor 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.
(9) Development Review. A Development Review Permit IS
required for any development of more than five thousand
square feet offloor area Square footage devoted to residential
use shall be reduced by fifty percent when calculatmg whether
a development review permit IS required
7 Deed restrictions. All projects and uses requiring deed restrictions pursuant
to Santa Monica MUnicipal Code Section 9.04 08 16 065.
8 Special project design and development standards. All projects shall
comply With the proVIsions of Santa Monica MUnicipal Code SectIon
9 04 08 16 070
9 Architectural review. All projects shall comply with the provIsions of Santa
Monica MUnicipal Code Section 9 04.08.16.080.
SECTION 3 ThiS ordinance shall be of no further force or effect forty-five (45) days
from the date of ItS adoption, unless prior to that date, after a public heanng, noticed
pursuant to Santa MOnica MUnicipal Code Section 90420.22.050, the City Council, by
majority vote, extends this mterlm ordmance
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SECTION 4. ThIs ordinance IS declared to be an urgency measure adopted
pursuant to the provisions of Section 9.04 20.16 060 of the Santa Monica MUnicipal Code
and Section 615 ofthe Santa MOnica City Charter. As set forth In the findings above, thiS
ordinance is necessary for preserving the public peace, health, safety, and welfare As an
urgency measure, this ordinance IS effective Immediately upon adoption
SECTION 5. 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
SECTION 6. 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 7. The Mayor shall sl9n 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
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newspaper within 15 days after Its adoptIon. This Ordinance shall become effective upon
ItS adoption
APPROVED AS TO FORM
fltuAt1hu1 III AI:k2f
I ~ARSH.AJONES MOUTRIE
City Attorney
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Adopted and approved this 23rd day of May, 2000.
State of California )
County of Los Angeles) 5S
City of Santa Momca )
I. Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing
Ordinance No 1975 (CCS) had 11"S mtroductlon and adoption at the City Council meeting held on
May 23rd, 2000, by the following vote:
Ayes: Council members
Holbrook, Rosenstein, McKeown, Feinstein, Bloom. Mayor
Pro Tern O'Connor. Mayor Genser
Noes' Council members
None
Abstain Council members.
None
Absent: Council members
None
ATTEST:
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Maria M. Stewart, C1ty Clerk