O1991
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CIty CouncIl MeeTIng 11-28-00
Santa Momca, Cahforma
ORDINANCE NUMBER 1991 (CCS)
(CIty CouncIl Senes)
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA MODIFYING THE DEVELOPMENT REVIEW THRESHOLDS IN THE
RVC RESIDENTIAL VISITOR, BCD, C2, C4, C5, C6, CM, CP, M1, AND
LMSD DISTRICTS TO 7,500 SQUARE FEET
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) A development reVIew permIt 18 Intended to allow the constructIOn of certaIn projects for
wlnch the deSIgn and sItmg could result In an adverse Impact on the surroundmg area such as
development that IS proposed to be bUIlt to a greater IntensIty and bUIldmg heIght than generally
permItted m the area
(b) A development reVIew permIt allows for the reVIew ofthe locatIOn, SIze, massmg and
placement of a proposed structure on the SIte, partIcularly as the project relates to the eXIstIng context
of the area III wruch It IS located The development reVIew process IS deSIgned to ensure that the
development IS compatIble '''lth and relates harmomously ~'lth the sUlToundmg neIghborhood
(c) The CIty'S Zomng Ordmance establIshes by zomng dtstnct square footage threshold
cntena for development reVIew permIts based upon the floor area of a project
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(d) A project that reqUIres a development reVIew permIt IS subject to pubhc reV1ew by the
Planmng ComrmsslOn, wIth appeal to the CIty Councll, whereas a project below the development
permIt reVIew threshold can be adnnnistratlvely approved.
(e) Presently, the CIty's development reVIew thresholds vary from 5,000 square feet III the
C2 dlstnct along Montana A venue to 30,000 square feet m the downtown zomng dlstncts, the
mdustnal zomng dIStnCtS, the C5 SpeCIal Office DIStnCt, portlOll5 of the RVC Resldennal VlSltor
CommercIal DIStnct and the C6 dIStnCt along Wllslure Boulevard
(f) The CIty Itself IS extremely dense WJ.th a land area of Just eIght square mlles and a
populatIon of approxImately 90,000 people Due to thIS denSIty, almost all of the CIty'S
commerClal/mdustnal dIStnCtS adJom resldentJ.al dIstncts Consequently, large development m these
commerclal/mdustnal dIstncts drrectly Impacts resldennal neIghborhoods
(g) The current development reVIew thresholds m the commercIal comdors of the CJ.ty are
too lngh smce these thresholds have resulted m the admmlstratIve approval ofproJects adjacent to
reSIdentIal areas that are sIgmficantly out of scale WIth the adJOlmng neIghborhood and that create
sIgmficant adverse Impacts on these neIghborhoods. Yet, gIven the mlmstenal nature of the
approval process, the CIty was not able to mItIgate or address these rmpacts
(h) More speCIfically, these larger scale developments have created adverse nQ1se, traffic,
parkmg, aesthetIc, pnvacy, 11ght and aIr, shade and shadow Impacts on these reSIdentIal areas and
are mcompatJ.ble WIth the eXlstmg scale and character of these neIghborhoods.
(1) Dunng the penod of January 1996 through June 2000, sIxty-mne (69) admmlstratIve
approvals were Issued both for new bUlldmgs and addInons throughout the CIty
(]) The average mean new bulldIng project SIze equaled 16,782 square feet WIth the medIan
project SIze equalmg 11,348 square feet
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(k) Recently completed adIllllllstratIvely approved projects located adjacent to resIdentIal
areas mclude a 21,341 square foot addJ.tlOn to a productIon studIO on EXpOS1tl0n Avenue and a
20,232 square foot school addmon on EuclId Other large projects recently admmIstrahvely
approved mclude two mIXed -use commercial/resIdentIal proJ ects on Montana A venue that wIll each
be Just less than 11,000 square feet and an 11,352 square foot mdustnal/office bwldmg on 16th
Street
(1) Reducmg the development reVIew threshold to 7,500 square feet would allow close reVIew
of the Impacts of large projects and enable the publIc to partIcIpate m thIS reVIew Reducmg the
development reVlew threshold would also ensure that admmIstrabve approval IS only avaIlable to
smaller scale developments wInch do not produce adverse Impacts on nearby reSIdentIal
neIghborhoods
(m) The typIcal lot SIze m the commercIal zone IS 7,500 square feet Consequently, the
proposed threshold would allow up to 1 0 FAR or a one story bwldmg occupymg the entIre lot or
a two story bwldmg occupymg a portIOn of the lot Such development would be generally
compatIble m scale WIth nearby multI-famIly developments smce resIdentlal developments m the
CIty are typIcally five to seven umt projects rangmg from 5,400 square feet to 8,200 square feet
ThIS level of development IS also consIstent WIth the scale of eXIstmg older developments.
(n) Reducmg the development reVIew threshold wIll not mat en ally alter the CI ty' s mcenhves
for resIdentIal development or mIXed use development m the CIty'S commercIal zones More
specIfically, m the CIty'S commercIal dIstncts, the CIty WIll contmue to eIther provIde FAR bonuses
for the resIdentlal components of development projects or dIscount the resIdentIal floor area for the
purpose of calculatmg FAR
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(0) AddItionally, m detenmnmg whether a development reVIew penmt IS reqUlred for new
development, floor area devoted to reSIdentIal uses wIll contmue to dIscounted by fifty percent
(50%) Thus, even wIth the proposed changes, reSIdenl1al development of up to 15,000 square feet
could be approved admmIstratIvely ThIS would contmue to permIt admmIstratIve approval of
resIdential development that IS two to three times the CIty average
(P) GIVen the cIrcumstances descnbed above, the Zomng Ordmance reqUlres reVIew and
reVISIOn as It pertams to the development reVIew permlt threshold m the Rye, BCD, C2, C4, C5,
CM, CP, Ml, and LMSD dtstncts
(q) Pendmg the study and possIble amendment of the Zomng Ordmance, It IS necessary, on
an mtenm baSIS, to modIfy the eXIstmg project deSIgn and development standards m these dIStnCtS
to estabhsh a 7,500 square foot threshold for reqUlnng a development reVIew permIt
(r) As descnbed above, there eXIsts a current and nnmedIate threat to the pubhc health,
safety, or welfare should the mtenm ordmance not be adopted and should development mconsIstent
wnh the contemplated reVISIons to the developments standards be allowed to occur. Approval of
addtuonal development mconsIstent wnh the proposed mtenm standards would result m a threat to
the publ1c health, safety, or welfare. Therefore, It IS necessary to establIsh on an mtenm baSIS the
follo,,"lng standards for the Rye, BCD, C2, C4, C5, CM, CP, MI, and LMSD dtstncts
SECTION 2 Intenm Zomng
(A) Except for Montana Avenue between SIxth Court and Seventeenth Street wInch IS subject
to Ordmance No. 1978 (CCS), no development or permIt shall be approved pursuant to Chapter 1
of ArtIcle IX of the Santa MOllIca MunICIpal Code for land In the C2 DIStnct, unless the follo\vlUg
findtng IS made'
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The project complIes wIth eXlstmg C2 DIStnCt property development standards except, a
development reVIew permIt IS requITed for any development of more than seven thousand five
hWldred square feet of floor area Square footage devoted to resIdentIal use shall be reduced by fifty
percent when calculatmg whether a development reVIew permIt IS reqUIred
(B) No development or permIt shall be approved pursuant to Chapter 1 of ArtIcle IX of the
Santa MOllIca MWllclpal Code for land m the C4 Dlstnct Wlless the follo"'1.ng fmdmg IS made:
The project complIes WIth eXIstIng C4 DIstnCt property development standards except, a
development reVIew permIt IS requITed for any development of more than seven thousand five
hWldred square feet offloor area Square footage devoted to reSIdentIal use shall be reduced by fifty
percent when calculatmg whether a development reVIew permIt IS reqUITed.
(C) No development or permIt shall be approved pursuant to Chapter 1 of ArtIcle IX ofthe
Santa MOllIca MunICIpal Code for land m the C5 Distnct Wlless the follOWIng findmg IS made
The project complIes WIth eXIstIng C5 DIStnct property development standards except, a
development reVIew permIt IS reqUIred for any development of more than seven thousand five
hundred square feet of floor area Square footage devoted to reSIdentIal use shall be reduced by fifty
percent when calculatmg whether a development reVIew permIt 15 reqUIred
(D) No development or permIt shall be approved pursuant to Chapter 1 of ArtIcle IX of the
Santa MOllIca MunICIpal Code for land In the C6 Distnct unless the followmg fIndmg IS made
The project complIes WIth eXIstIng C6 Dlstnct property development standards except, a
development reVIew permIt IS reqUIred for any development of more than seven thousand five
hundred square feet of floor area Square footage devoted to reSIdentIal use shall be reduced by fifty
percent when calculatmg whether a development reVl.ew permIt IS reqUITed.
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(E) No development or penmt shall be approved pursuant to Chapter I of ArtIcle IX of the
Santa MOnIca MunICIpal Code for land m the CM Dlstnct unless the followmg findmg IS made
The project complIes wIth eXlstmg eM Dlstnct property development standards except, a
development reVIew permIt IS requITed for any development of more than seven thousand five
hundred square feet of floor area Square footage devoted to reSIdentIal use shall be reduced by fifty
percent when calculatmg whether a development reVIew pennlt IS reqUIred
(F) No development or permIt shall be approved pursuant to Chapter 1 of ArtIcle IX of the
Santa MOllica Mumclpal Code for land m the CP DIStnCt unless the followmg findrng IS made
The project complIes WIth eXlstmg CP Dlstnct property development standards except, a
development reVIew permIt IS reqUIred for any development of more than seven thousand five
hundred square feet offIoor area Square footage devoted to reSIdentIal use shall be reduced by fifty
percent when calculatmg whether a development reVIew permIt is requITed
(G) No development orpenmt shall be approved pursuant to Chapter I of ArtIcle IX ofthe
Santa MOnIca Mumclpal Code for land m the BCD Dlstnct unless the followmg findmg IS made
The project complIes WIth eXlstmg BCD DIStrIct property development standards except, a
development reVIew permIt IS reqUIred for any development of more than seven thousand five
hundred square feet of floor area. Square footage devoted to reSIdentIal use shall be reduced by fifty
percent when calculatmg whether a development reVIew permIt IS reqUIred
(H) No development or permIt shall be approved pursuant to Chapter 1 of ArtIcle IX of the
Santa MOnIca MunICIpal Code for land m the Ml Dlstnct unless the followmg findrng IS made
The project complIes WIth eXlstmg Ml DIStrIct property development standards except, a
development reVIew pennlt IS requITed for any development of more than seven thousand five
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hundred square feet of floor area Square footage devoted to resIdentIal use shall be reduced by fifty
percent when calculatmg whether a development reVIew permIt IS requITed.
(I) No development or permIt shall be approved pursuant to Chapter 1 of Anlcle IX of the
Santa MOllica Mumclpal Code for land m the LMSD DIStrict unless the folIowmg findmg IS made'
The project complIes WIth eXlstmg LMSD Dlstnct property development standards except,
a development reVIew permIt IS requITed for any development of more than seven thousand five
hundred square feet of floor area Square footage devoted to reSIdentIal use shall be reduced by fifty
percent when calculatmg whether a development reVIew permIt IS requITed.
(J) No development or permIt shall be approved pursuant to Chapter 1 of ArtIcle IX of the
Santa MOllica MunICIpal Code for land m the RVC Dlstnct unless the followmg findmg IS made
The project complIes wIth eXlstmg RVe DIStnct property development standards except,
a development reVIew permIt IS reqUITed for any development of more than seven thousand five
hundred square feet of floor area Square footage devoted to reSIdentIal use shall be reduced by fifty
percent when calculatIng whether a development reVIew permIt IS reqUIred
SECTION 3 The followmg projects shall be exempt from thIs ordmance:
(A) MIXed-use proJ ects that contam a mllllIDum of eIghty percent (80%) of floor area devoted
to multI-famIly reSIdentIal use
(B) Affordable housmg projects m whIch one hundred percent (100%) ofthe unItS are deed-
restncted for households WIth lUcomes of eIghty percent (80%) of medIan lUcorne or less.
SECTION 4. TIns ordmance shall be of no further force and effect forty-five days from the
date of Its adoptIon unless pnor to that date, after a publIc heanng, notIced pursuant to Santa MOllica
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MUUlcIpal Code SectlOn 9.042022050, or any successor ordmance thereto, the CIty CouncIl, by
maJonty vote, extends thIS mtenm ordmance
SECTION 5 Any provIsIOn of the Santa MOnIca MunICIpal Code or appendIces thereto
InCOnsIstent WIth the provlslons of thIS Ordmance, to the extent of such InCOnsIstencIes and no
further, IS hereby repealed or modIfied to that extent necessary to effect the provlSlons of tills
Ordmance.
SECTION 6 If any sectIOn, subsectlOn, sentence, clause, or phrase of thIS Ordmance IS for
any reason held to be InvalId or unconstItutlOnal by a deCISIon of any court of competent JUrIsdICtIOn,
such deCISIOn shall not affect the valIdIty of the remaInIng portIOns of thIS Ordmance. The CIty
CounCIl hereby declares that It would have passed thIS Ordmance and each and every sectIon,
subsectIOn, sentence, clause, or phrase not declared mvalId or unconstItutlOual WIthout regard to
whether any portion of the ordmance would be subsequently declared mvahd or unconstItutIOnal
SECTION 7 This Ordmance shall be applIcable to applIcatIOns for development projects
deemed complete on or after October 24, 2000
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SECTION 8. The Mayor shall SIgn and the CIty Clerk shall attest to the passage of thIS
Ordmance The CIty Clerk shall cause the same to be publIshed once III the officIal newspaper
wIthm 15 days after Its adoptIon. Tills Ordmance shall become effectIve 30 days from ItS adoptIon.
APPROVED AS TO FORM
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MARSHA JONES MOUTlUE
CIty Attorney
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Adopted and approved this 28th day of October I 200~
~^,^C\J~ ^-
Ken Genser,- ~ayor .....
State of California )
County of Los Angeles) ss
City of Santa MOnica )
I, Mana M Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No 1991 (CCS) had It'S introduction on November 14,2000, and
was adopted at the Santa MOnica City Council meeting held on November 28,2000, by
the following vote
Ayes' Council members McKeown, Feinstein, Bloom, Mayor Genser
Noes. Council membeffi. Rosenstein, Holbrook, Mayor Pro Tem O'Connor
Abstain Council members None
Absent Council members None
ATTEST
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Mana M Stewart, City 'clerk