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O1978 f \atty\munI\laws\barry\monlntordextend2-1 wpd CIty Council Meeting 6-27-00 Santa MOnica, California (CCS) ORDINANCE NUMBER 1978 (City CounCil Senes) AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA EXTENDING THE MODIFICATIONS TO 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 MODIFYING THE PERMITTED USES ON MONTANA AVENUE TO INCLUDE EXISTING CINEMAS AND THE MAXIMUM FLOOR AREA RATIO FOR EXISTING CINEMAS, DECLARING THE PRESENCE OF AN EMERGENCY THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS Section 1 Findings 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 d Istncts "Protect and expand uses that proVide for the day- to-day shopping and service needs of nearby reSidents" 1 (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" (c) Montana Avenue IS zoned C2 Neighborhood CommerCial Dlstnct Consistent with the General Plan, thiS district IS Intended 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 pedestrian-orientation and walk-In clientele The Montana Avenue commerCial district IS surrounded by reSidential districts (d) The commerCial area along Montana Avenue IS dominated by Single story bUildings, scaled to the pedestnan ThIS street has historically proVided a mix of commerCial uses, including retail and service bUSinesses, which serve the adjacent residential neighborhoods to the north and south (e) The eXisting cinema on Montana Avenue IS a long-established and well- known Visual feature in the area and IS consistent With the eXisting scale and character of the district and the adjacent residential neighborhood (f) 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 2 and change has significantly Increased the pedestnan and vehicular traffic In this area and heightened the nOIse and congestion associated with these activities (g) 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 pedestnan traffic Within the area (h) 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 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 pedestrians, creates potential safety hazards, and negatively Impacts bUSiness establishments and patrons (I) 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. U) Larger scale developments have the potential for adverse nOise, traffiC, parking, aesthetiC, privacy, light and air, and shade and shadow Impacts on the Single 3 family reSidential area to the north of Montana Avenue and on the low density multi-family area to the south (k) 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 (I) 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 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 (m) 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. (n) 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 District on Montana Avenue In a number of ways, Including the follOWing 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 4 uses of the publIc sIdewalk The mterlm development and land use standards are necessary to ensure that the character of the commercial dlstnct along Montana Avenue IS not Irreversibly changed to the detnment of the nearby resIdential areas (0) In lIght of the above-mentioned concerns, the City Council adopted Ordinance Number 1975 (CCS) on May 23,2000 modifying the development standards In the Zoning Ordinance However, that ordinance Will expire on July 7, 2000 (p) As deSCribed above, the City Council finds that another interim ordinance modifying and extending Ordinance Number 1975 (CCS) IS necessary because there eXIsts a current and Immediate threat to the publIC safety, health and welfare 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 mtenm standards would result In a threat to the public health, safety or welfare Consequently, thiS ordinance extends the proVISions of Ordinance Number 1975 (CCS), as modified, up to and Including June 27, 2002, establishing 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 an administrative approval, conditional use permit, performance standards permIt, use permit, development review 5 permit, and zoning conformance filed after May 23, 2000 for any development or business Within the C2 Dlstnct on Montana Avenue between Sixth Court and Seventeenth Street unless the project or business complies With the following standards 1 Permitted Uses. The followmg convenience goods and service type uses shall be permitted, If conducted Within an enclosed bUilding, except where otherwise permitted (a) Appliance stores (b) Appliance repair shops (c) Art galleries (d) Artist studiOS above the first floor (e) Branch offices of banks or savings and loan institutions (f) Barber or beauty shops (g) Child day care centers. (h) Cinemas In eXistence pnor to the effective date of Ordinance Number 1975 (eGS) (I) Cleaners. (j) Congregate housmg. (k) Domestic Violence shelters 6 (I) General offices above the first floor, and on the ground floor for parcels located at least one hundred fifty feet from Montana Avenue, Ocean Park Boulevard, or PICO Boulevard (m) General retaIl and specialized retail uses (n) Homeless shelters with less than fifty-five beds (0) Laundromats (p) Libraries (q) Multifamily dwelling units (r) OffIces and meeting rooms for chantable, youth, and welfare organizations (s) Photocopy shops (t) Places of worship (u) Plant nurseries (proVided all supplies, except planted stock, are kept entirely Within an enclosed bUilding) (v) Restaurants of fifty seats or less and at whIch no alcohol IS served or consumed (w) Schools (x) Senior group housing (y) Senior housIng (z) Shoe repair stores 7 (aa) Single-family dwelling umts (bb) Single-room occupancy housing. (cc) Specialty offices (dd) Tailors (ee) Theaters With fewer than seventy-five seats (ff) TransItional housing (99) Accessory uses which are determined by the Zomng Administrator to be necessary and customarily associated with, and appropriate, Incidental, and subordinate to, the prinCipal permitted uses and which are consistent With and no more disturbing or disruptive than permitted uses (hh) Other uses determined by the Zoning Administrator to be similar to those listed above which are consistent With and no more disturbing or disruptive than permitted uses 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 nght-of- way 8 4 Conditionally permitted uses. All uses permitted In Section 904,08.16040 of the Santa MOnica MuniCipal Code 5 Prohibited uses. (a) Cinemas, unless In eXistence prior to the effective date of Ordinance Number 1975 (CCS) (b) Dnve-In and drive-through restaurants (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 authonzed 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 904 10 02050 9 (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 060 040 035 025 075 075 0.65 055 CInemas In eXIstence prror to the effectIve date of Ordinance Number 1975 (CCS) may be permItted a maximum FAR of 1 11 (d) Minimum Lot Size. Seven thousand five hundred square feet Each parcel shall have mlnrmum 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 parkIng or loadIng to Within five feet of the rear parcel line prOVided the parkmg or loading does 10 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 dnveways shall be permitted to cross perpendicularly the required rear yard provided the driveway does not exceed the mlnlmum Width permitted for the parkmg area A required rear yard shall not be used for commercIal purposes (2) That needed to accommodate landscaping and screenmg for a rear yard bufferreqUlred pursuantto the provIsions of Part 904 1004 (f) Side Yard Setback. None, except (1) Where the Intenor Side parcellrne abuts a residential district, an Intenor Side yard equal to 5' + (stones x lot Width) 50' The Interior Side yard may be used for parking or loadmg to within 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 Intenor Side yard shall not be used for access or for commercIal purposes 11 (2) That needed to accommodate landscaping reqUired for a street sIde yard I landscape buffer and screening pursuant to the provIsIons of Part 904 1004 (3) A ten-foot setback from an In tenor property line shall be reqUired for portions of bUildings that contain windows, doors, or other openings Into the mtenor 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 five thousand square feet offloor area Square footage devoted to reSidential use shall be reduced by fifty percent when calculating whether a development review permit is required 7 Deed restrictions All projects and uses reqUlnng deed restnctlons 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 12 SECTION 3 This ordinance shall be of no further force or effect after June 27, 2002, unless pnor to that date, after a public heanng, noticed pursuant to Santa MOnica Municipal Code Section 9 04 20 22 050, the City CouncIl, by majority vote, extends this Intenm ordinance SECTION 4 This ordinance IS declared to be an urgency measure adopted pursuant to the proVIsions of Section 90420 16060 of the Santa Monica MUnicipal Code and Section 615 of the 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 13 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 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 upon Its adoption APPROVED AS TO FORM MARSHA JONE City Attorney 14 Adopted and approved this 27th day of June, 2000 State of California ) County of Los Angeles) ss City of Santa Montca ) I, Maria M Stewart, City Clerk of the City of Santa Momca, do hereby certify that the foregoing Ordinance No 1978 (CCS) had It'S introduction and adoption at the City CounCil meeting held on June 27,2000, by the following vote Ayes Council members Holbrook, Rosenstein, McKeown, Feinstein, Bloom, Mayor Genser Noes CounCil members None Abstain CounCil members None Absent CounCil members Mayor Pro Tem O'Connor ATTEST ~.~ ,~..,~ Mana M Stewart, City Clerk