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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" 1 '~'''; \, Ll ~ 0 (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 2 ,-J I" l . ~ --'-- ~ 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 3 < '-" . I ,.., .... --..- "'V-i..t.... 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, 4 ~\~. l3 ~ '.i.. 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 1 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 5 .1: ;.... . , ,Ul.Lt (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 6 101,. ...-''h t. ... - i ~ ~J (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 7 , lj L 0 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 ., 8 ... b ',ll L 7 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 9 .~ f(,.' lj II i a 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 10 ;,\ Jot. l, Vi. j 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 11 :. ~, '- lJ =. 0 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: -- ~la~ _~~ Maria M. Stewart, C1ty Clerk