O1999
f:\atty\muni\laws\barry\drintordextendjan23-1. wpd
City Council Meeting 2-13-01
Santa Monica, California
ORDINANCE NUMBER1999 (CCS)
(City Council Series)
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA EXTENDING THE MODIFICATIONS TO 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 Pmpose. The City Council finds and declares:
(a) A development review permit is intended to allow the construction of certain projects for
which the design and siting could result in an adverse impact on the surrounding area such as
development that is proposed to be built to a greater intensity and building height than generally
permitted in the area.
(b) A development review permit allows for the review of the location, size, massing and
placement of a proposed structure on the site, particularly as the project relates to the existing context
of the area in which it is located. The development review process is designed to ensure that the
development is compatible with and relates harmoniously with the surrounding neighborhood.
(c) The City's Zoning Ordinance establishes by zoning district square footage threshold
criteria for development review permits based upon the floor area of a project.
(d) A project that requires a development review permit is subject to public review by the
Planning Commission, with appeal to the City Council, whereas a project below the development
permit review threshold can be administratively approved.
(e) Presently, the City's development review thresholds vary from 5,000 square feet in the
C2 district along Montana Avenue to 30,000 square feet in the downtown zoning districts, the
industrial zoning districts, the C5 Special Office District, portions of the RVe Residential Visitor
Commercial District and the C6 district along Wilshire Boulevard.
(f) The City itself is extremely dense with a land area of just eight square miles and a
population of approximately 90,000 people. Due to this density, almost all of the City's
commercial/industrial districts adjoin residential districts. Consequently, large development in these
commercial/industrial districts directly impacts residential neighborhoods.
(g) The current development review thresholds in the commercial corridors of the City are
too high since these thresholds have resulted in the administrative approval ofprojects adjacent to
residential areas that are significantly out of scale with the adjoining neighborhood and that create
significant adverse impacts on these neighborhoods. Yet, given the ministerial nature of the
approval process, the City was not able to mitigate or address these impacts.
(h) More specifically, these larger scale developments have created adverse noise, traffic,
parking, aesthetic, privacy, light and air, shade and shadow impacts on these residential areas and
are incompatible with the existing scale and character ofthese neighborhoods.
(i) During the period of January 1996 through June 2000, sixty-nine (69) administrative
approvals were issued both for new buildings and additions throughout the City.
G) The average mean new building project size equaled 16,782 square feet with the median
project size equaling 11,348 square feet.
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(k) Recently completed administratively approved projects located adjacent to residential
,
areas include a 21,341 square foot addition to a production studio on Exposition Avenue and a
20,232 square foot school addition on Euclid. Other large projects recently administratively
approved include two mixed-use commerciaVresidential projects on Montana Avenue that will each
be just less than 11,000 square feet and an 11,352 square foot industriaVoffice building on 16th
Street.
(1) Reducing 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 in this review. Reducing the
development review threshold would also ensure that administrative approval is only available to
smaller scale developments which do not produce adverse impacts on nearby residential
neighborhoods.
(m) The typical lot size in the commercial zone is 7,500 square feet. Consequently, the
proposed threshold would allow up to 1.0 FAR or a one story building occupying the entire lot or
a two story building occupying a portion of the lot. Such development would be generally
compatible in scale with nearby multi-family developments since residential developments in the
City are typically five to seven unit projects ranging from 5,400 square feet to 8,200 square feet.
This level of development is also consistent with the scale of existing older developments.
(n) Reducing the development review threshold will not materially alter the City's incentives
for residential development or mixed use development in the City's commercial zones. More
specifically, in the City's commercial districts, the City will continue to either provide FAR bonuses
for the residential components of development projects or discount the residential floor area for the
purpose of calculating FAR.
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(0) Additionally, in determining whether a development review permit is required for new
development, floor area devoted to residential uses will continue to discounted by fifty percent
(50%). Thus, even with the proposed changes, residential development of up to 15,000 square feet
could be approved administratively. This would continue to permit administrative approval of
residential development that is two to three times the City average.
(P) Given the circumstances described above, the Zoning Ordinance requires review and
revision as it pertains to the development review permit threshold in'the RYC, BCD, C2, C4, C5,
C6, CM, CP, Ml, and LMSD districts.
(q) In lightofthese concerns, the City Council adopted Ordinance Number 1991 (CCS) on
November 28,2000, a forty-five day ordinance which modified the development review thresholds
in the RYC, BCD, C2, C4, C5, C6, CM, CP, Ml, and LMSD districts.
(r) Pending the study and possible amendment ofthe Zoning Ordinance, it is necessary, on
an interim basis, to extend the modifications to the existing project design and development
standards in these districts establishing a 7,500 square foot threshold for requiring a development
review permit.
(s) As described above, there exists a current and immediate threat to the public health,
safety, or welfare should the interim ordinance not be adopted and should development inconsistent
with the contemplated revisions to the developments standards be allowed to occur. Approval of
additional development inconsistent with the proposed interim standards would result in a threat to
the public health, safety, or welfare. Therefore, the City Council finds that the public health, safety
and general welfare require that the modifications to the development review thresholds be extended
and that the following standards for the RYC, BCD, C2, C4, C5, C6, CM, CP, Ml, and LMSD
districts on an interim basis.
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The project complies with existing C6 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 calculating whether a development review permit is required.
(E) No development or permit shall be approved pursuant to Chapter 1 of Article IX of the
Santa Monica Municipal Code for land in the CM District unless the following findings are made:
The project complies with existing CM 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 calculating whether a development review permit is required.
(F) No development or permit shall be approved pursuant to Chapter 1 of Article IX of the
Santa Monica Municipal Code for land in the CP District unless the following findings are made:
The project complies with existing CP 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 calculating whether a development review permit is required.
(G) No development or permit shall be approved pursuant to Chapter I of Article IX of the
Santa Monica Municipal Code for land in the BCD District unless the following findings are made:
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The project complies with existing 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 calculating 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 in the Ml District unless the following findings are made:
The project complies with existing Ml 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 calculating whether a development review permit is required.
(1). No development or permit shall be approved pursuant to Chapter 1 of Article IX of the
Santa Monica Municipal Code for land in the LMSD District unless the following findings are made:
The project complies with existing LMSD 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 calculating whether a development review permit is required.
(J) No development or permit shall be approved pursuant to Chapter 1 of Article IX of the
Santa Monica Municipal Code for land in the RVC District unless the following findings are made:
The project complies with existing RVC 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 calculating whether a development review permit is required.
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SECTION 3. The following projects shall be exempt from this ordinance:
(A) Projects that contain a minimum of eighty percent (80%) of floor area devoted to multi-
family residential use provided that at least fifteen percent (15%) of the housing units are deed-
restricted for households with incomes of eighty percent (80%) of median income or less and at least
ten percent (10%) of the housing units are deed-restricted for households with incomes of sixty
percent (60%) of median income or less.
(B) Affordable housing projects in which one hundred percent (100%) ofthe housing units
are deed-restricted for households with incomes of eighty percent (80%) of median income or less.
(C) Notwithstanding Subsection (A) of this Section, projects in the C2 and CM districts
which are required by the City's Zoning Ordinance to devote more than twenty percent (20%) of
floor area to pedestrian oriented uses shall also be exempt if these projects contain the maximum
percentage ofn;lulti-family residential use authorized by the Zoning Ordinance.
SECTION 4. This ordinance shall be of no further force and effect three years from the date
of its adoption, February 12,2004, unless prior to that date, after a public hearing, noticed pursuant
to Santa Monica Municipal Code Section 9.04.20.22.050, or any successor ordinance thereto, the
City Council, by majority vote, extends this interim ordinance.
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 effect the provisions of this
Ordinance.
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SECTION 6. Ifany section, subsection, sentence, clause, or phrase of this Ordinance is for
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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. This Ordinance shall be applicable to applications for development projects
deemed complete on or after October 24, 2000.
SECTION 8. 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 30 days from its adoption.
APPROVED AS TO FORM:
f1LLuhu~~
MARSHA JO~MOUTRIE
City Attorney
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