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M-3/8/1988 193 CITY OF SANTA MONICA CITY COUNCIL MINUTES MARCH 8, 1988 A special meeting of the Santa Monica City Council was called to order by Mayor Conn at 6:27 p.m., on Tuesday, March 8, 1988, in the Council Chambers. Roll Call: Present: Mayor James P. Conn Mayor Pro Tempore Herbert Katz Councilmember David B. Finkel Councilmember William H. Jennings Councilmember Alan S. Katz Councilmember Christine E. Reed Councilmember Dennis Zane Also Present: City Manager John Jalili City Attorney Robert M. Myers Acting City Clerk Donna R. Betancourt DRAFT ZONING ORDINANCE: Council convened to continue to give direction to staff on revisions to the draft zoning Ordinance. Mayor Conn stated that at the meeting of March 5, 1988, a motion was made to give direction to staff regarding the the zoning ordinance, and that motion is on the table, with amendments to the motion being made, and council will continue to do that during this meeting. The pattern is to give direction in regard to each zoning category in terms of FAR, heights, and uses. Councilmember Reed clarified that Council at this meeting will be dealing with items that might need to be evaluated in an Environmental Impact Report, as well as parking issues. Mayor Pro Tempore H. Katz moved that whatever FAR Council sets for a district, that is the base FAR for the least intenstive use, automobile-wise, such as offices. If a developer, in the uses that are permitted within that zone, wishes to use a more intenstive automotive use, such as restaurants and/or medical, the FAR would then drop, and the number it drops to is left to staff to come back with recommendations, as well as recommendations regarding the workability of the motion. Second by Councilmember Finkel. At the suggestion of Councilmember Finkel, the maker of the motion changed "base FAR" to "maximum FAR." During discussion, it was determined that this motion is relevant to all "C" zones and "M" zones. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Finkel, Jennings, A. Katz, H. Katz, Zane, Mayor Conn Negative: councilmember Reed Mayor Pro Tempore H. Katz moved to direct staff, in the preparation of the EIR, to look at all substandard lots in the R-2, R-3, and R-4 zones, and come back with the number of lots. 1 March 8, 1988 194 Second by Councilmember Finkel. During discussion, staff indicated that a basic minimum lot size has been set, and all the substandard lots existing on the effective date of the chapter are to be grandfathered in. The maker of the motion requested that the question of whether they can add to those projects on a substandard lot be clearly stated. The motion was unanimously approved. Councilmember Reed moved (p. 49) to add Bed and breakfast as a permitted use with a CUP. [All page references are to the Fourth Draft of the Santa Monica Zoning Ordinance, dated November 1987]. Second by Councilmember Finkel. with the consent of the second, the maker of the motion indicated the intent to add this use in the R-2, R-3, and R-4 zones as a special category. During discussion, the second was withdrawn as the maker declined to amend the motion to include the exclusion of conversion possibilities. The motion was seconded by Councilmember A. Katz. Councilmember Zane moved an amendment to the main motion to include language that precludes the opportunity for the conversion of rental housing for this purpose. Second by Councilmember Finkel. The amendment was approved, Mayor Pro Tempore H. Katz opposed. The main motion, as amended, was approved by the following vote: Council vote: unanimously approved 7-0 Referencing Front Yard Setback, Councilmember Reed moved (p. 20) to amend the language to read, "20 feet or per the District Map, whichever is greater.tt Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. For the R2 Low Density Multiple Residential District, Mayor Pro Tempore H. Katz moved (p. 48) to restore parks and playgrounds and single family dwellings placed on a permanent foundation as permi tted uses. Second by Councilmember Reed. The motion was unanimously approved. During discussion, in response to Councilmember Zane's question regarding changing the map to change the boundaries of the zone, at what point is that done with respect to the different zoning designations, the City Attorney clarified that his understanding of the process to be followed is that the text will be adopted, after which specific notification will be made to property owners to do the districting map changes. In connection with both, a single Environmental Impact Report is being prepared to cover both land-use decision actions, which will be taken at two separate time periods. Forthe R3 Medium Density Multiple Family Residential District, Councilmember Reed moved (pp. 52-53) to add parks and playgrounds and single family dwellings placed on a permanent foundation as permitted uses, and bed and breakfast as a conditionally permitted use in the R-3 zone. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. 2 March 8, 1988 1'1.') Referencing Front Yard Setback, Councilmember Reed moved (p. 55) to amend the language to read, "20 feet or per the District Map, whichever is greater." Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. For the R4 High Density MUltiple Family Residential District, Councilmember Reed moved (p. 56) to restore parks and playgrounds and single family dwellings placed on a permanent foundation as permitted uses, and delete residential care facility as a permitted use, noting that they are already listed as a conditionally permitted use on p. 58. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. Councilmember Reed moved (p. 57) to add bed and breakfast as a conditionally permitted use and to delete hotels from the permitted uses and move them to the conditionally permitted uses. Second by Mayor Pro Tempore H. Katz. with no objection from the section, the portion of the motion regarding hotels was withdrawn upon advisement that they are already listed in the draft as a conditionally permitted use. The revised motion was unanimously approved. Mayor Pro Tempore H. Katz moved (p. 58) to restore libraries as a conditionally permitted use. Second by Councilmember Reed. The motion was unanimously approved. Referencing Front Yard Setback, Councilmember Reed moved (p. 59) to amend the language to read, "20 feet or per the District Map, whichever is greater." Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. For the RVC Residential-Visitor-Commercial District, councilmember Reed moved (p. 61) to add single family dwellings placed on a permanent foundation as a permitted use in section 9015.2. Second by Mayor Pro Tempore H. Katz. with the consent of the second, the maker included parks and playgrounds in the motion. The motion was unanimously approved. Councilmember Reed moved (p. 62) to restrict night clubs as a permitted use to on the pier or in existing hotels only. Second by Councilmember A. Katz. The motion was unanimously approved. Councilmember Reed moved (p. 62, subsection (m)) to direct staff to devise more specific language to limit the retail uses that are permitted in the RVC zone so as to truly tie to those that cater to the visiting public and so as not to create a whole new shopping center opportunity in the RVC, and to gi ve staff the discretion to recommend possibly a different use category. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. Councilmember Reed moved (p. 63) to add bed and breakfast as a conditionally permitted use. Second by Mayor Pro Tempore H. Katz_ During discussion, with the consent of the second, the maker amended the motion to make hotels and motels a 3 March 8, 1988 196 conditionally permitted use rather than a permitted use. The motion was unanimously approved. Councilmember Zane moved to create a Santa Monica pier Zone, that would be a separate zone out of the RVC zone, with a height standard of 35 feet, 2-story maximum on the pier proper, and north of the pier, be the appropriate standard there, and that the standards on the Ocean Avenue part of the Pier Zone be two stories, with a .5 FAR. The boundaries of this are inclusive of the pier, north of Seaside Terrace, south of the northern end of the Deauville site, and including the west side of Ocean Avenue. Second by Councilmember Finkel. During discussion, with the consent of the second, the maker included parking structures as a conditionally permitted use, as well as Mayor Pro Tempore H. Katz's suggestion that staff be directed to evaluate the implications of .5 FAR and .75 FAR on Ocean Avenue-facing lots. It was clarified that exclusive of the .5 FAR for Ocean Avenue-facing lots, the remainder of the area stays at 1.0 FAR, as provided by staff. The motion was unanimously approved. Councilmember Zane moved that on the Ocean Avenue-facing lots specifically, permitted uses would include restaurants, parking structure, parking space, cafes, snack shops, night clubs, bait shops and fishing supplies, fish markets or other retail uses otherwise permitted on the pier, and office space only as accessory to those uses. With respect to the other parts of the zone, permitted uses would be all the uses listed currently for the pier plus ocean-oriented recreational uses such as aquariums. Second by Mayor Pro Tempore H. Katz. wi th the consent of the second, the maker included in the motion counci1member Reed's suggestion that theaters be conditionally permitted uses in the pier Zone only. Councilmember Jennings moved an amendment to direct staff to study allowing office use above ground level along the non-Oceanfront-facing parcels in the zone, not including the pier. The motion failed for lack of a second. The main motion was unanimously approved. At 7: 45 p.m., the meeting was adjourned until following the adjournment of the regular Council meeting later in the evening. REGULAR CITY COUNCIL MEETING A regular meeting of the Santa Monica City council was called to order by Mayor Conn at 7:55 p.m., on Tuesday, March 8, 1988, in the Council Chambers. Roll Call: Present: Mayor James P. Conn Mayor Pro Tempore Herbert Katz Counci1member David B. Finkel Counci1member William H. Jennings Councilmember Alan S. Katz Councilmember Christine E. Reed Councilmember Dennis Zane 4 March 8, 1988 197 Also Present: City Manager John Jalili City Attorney Robert M. Myers Acting City Clerk Donna R. Betancourt Mayor Conn led the assemblage in the Pledge of Allegiance to the United states of America. Mayor Conn moved to consider only the Consent Calendar, Item 9-A regarding the election, Item ll-A regarding the Water Garden project, and Item 11-C, Closed Session, this evening. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. Mayor Pro Tempore H. Katz moved to hold a continued meeting on March 15, 1988, to consider the remaining items, with the exception of Items 8-A, 10-B, and 12-A. The motion was seconded and unanimously approved. Due to several councilmembers being out of town on March 22, the reguarly scheduled meeting date, Mayor Pro Tempore H. Katz moved to have a full agenda on March 29 and include three items (Items 8-A, 10-B, 12-A) from this agenda on the March 29 agenda. Second by Mayor Conn. During discussion, the motion was amended to consider Item 8-A this evening and Item 10-B at the March 15 meeting. The motion was unanimously approved. 5-A: MEDICAL OFFICE BUILDING/2336 SANTA MONICA BOULEVARD: Presented was the matter of an appeal of the Planning commission approval of Development Review 369, 2336 Santa Monica Boulevard, for a three story, 27,637 square foot medical office building with 122 parking spaces (Applicant: William Brantley for Parkside West Development. Appellant: Rosario Perry for Tom and Dolores Rheinschilds and Marc Sabatini) and a resolution certifying the Final Environmental Impact Report, continued from February 9, 1988. Councilmember Reed moved to open the public hearing and continue the item to March 15, 1988. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. 5-B: VACATION/PORTION OF 24TH STREET: Presented was the matter of a public hearing on the vacation of a portion of 24th Street between Santa Monica Boulevard and Santa Monica Place South, continued from February 9, 1988. Councilmember Reed moved to open the public hearing and continue the item to March 15, 1988. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. 5-C: SALE OF PROPERTY/1747 15TH STREET: Presented was the matter of a public hearing, adoption of a resolution authorizing the sale of property at 1747 15th Street to Community Corporation of Santa Monica for development of affordable housing, and authorization to city Manager to execute the necessary documents, continued from February 23, 1988. Mayor Pro Tempore H. Katz moved to open the public hearing and continue the item to March 15, 1988. Second by Councilmember Finkel. The motion was unanimously approved. 7-A: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Presented was the matter of a public hearing on the assessment of costs to repair damaged sidewalks, driveways and curbs at various locations (SR-88-107). 5 March 8, 1988 198 Councilmember Reed moved to open the public hearing and continue the item to March 15, 1988. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. 7-B: VACATION/22ND COURT: Presented was the matter of a public hearing to vacate a portion of 22nd Court located between Arizona Avenue and Santa Monica Boulevard. Mayor Pro Tempore H. Katz moved to open the public hearing and continue the item to March 15, 1988. Second by Councilmemher Finkel. The motion was unanimously approved. 7-C: VACATION/PICO PLACE NORTH: Presented was the matter of a pUblic hearing to vacate a portion of pico Place North from Appian Way to 122 feet northeasterly of Appian Way and to vacate two public service easements. Mayor Pro Tempore H. Katz moved to open the public hearing and continue the item to March 15, 1988. Second by councilmember Reed. Member of the public Anne sterman requested that she be able to speak as she was not notified by staff that this item would not be considered this evening. council allowed Ms. sterman to be heard. Ms. sterman, owner of the Drake Hotel, reaffirmed her concern regarding the proposal to vacate this portion of Pico Place North. The motion to continue the matter was unanimously approved. Mayor Conn moved to continue Items 8-B, 10-B, and Il-B to March 15, 1988. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. 12-A: DEVELOPMENT REVIEW/KENTUCKY FRIED CHICKEN/2727 PICO BOULEVARD: Presented was the matter of an appeal of Planning Commission denial of Development Review 400 to construct a 2,056 sq. foot Kentucky Fried Chicken fast food restaurant with 64 seats, drive-through service, and surface parking for 22 vehicles at 2727 Pico Boulevard (Applicant/Appellant: Robert W. Merriam). Mayor Pro Tempore H. Katz moved to open the public hearing and continue the item to March 29, 1988 . Second by Counci1member Reed. The motion was unanimously approved. 12-B: DEVELOPMENT REVIEW/SHERATON HOTEL/lllS 2ND STREET: Presented was the matter of an appeal of Planning Commission denial of Development Review 356 for as-story, 96,000 sq. foot, 270 space parking structure at 1115 2nd street (Applicant: Miramar Sheraton Hotel, W. G. Wells, President. Appellant: James Lunsford for Miramar Sheraton Hotel). Mayor Pro Tempore H. Katz moved to open the public hearing and continue the item to March 15, 1988. Second by Counci1member A. Katz. The motion was unanimously approved. Mayor Conn moved to continue Items 13-A, 14-A through 14-0, and 15 to March 15, 1988. Second by Mayor Pro Tempore H. Katz. Upon being advised by the City Clerk that the speaker has requested Item 13-A to be withdrawn, the motion was amended to reflect this change. The motion was unanimously approved. 6. CONSENT CALENDAR: The Consent Calendar was presented whereby all items are considered and approved in one motion unless 6 March 8, 1988 1.::1::1 removed from the calendar. Mayor Pro Tempore H. Katz moved to approve the Consent Calendar, reading resolutions and ordinances by title only and waiving further reading thereof. Second by Councilmember Reed. At the request of Councilmember Finkel, the maker and second deleted Item 6-E from the motion. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 6-A: MINUTES APPROVAL: The city council minutes of February 23 and March 1, 1988, were approved. 6-B; DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: Resolution No. 7572 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING A HEARING DATE FOR ANY PROTESTS OR OBJECTIONS TO THE REPORT OF THE SUPERINTENDENT OF STREETS REGARDING REPAIR OF SIDEWALKS, DRIVEWAYS AND CURBS (SR-B8-108)," setting a public hearing for April 12, 1988, was adopted. 6-C: VACATION/DEWEY STREET: Resolution No. 7573 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING ITS INTENTION TO ORDER THE VACATION OF A PORTION OF DEWEY STREET, IN THE CITY OF SANTA MONICA, CALIFORNIA," was adopted, setting a public hearing for April 12, 1988, regarding the vacation of a portion of Dewey street between 4th Court and 5th street. 6-0: CONDOMINIUM/1006-10l4 CALIFORNIA: Resolution No. 7574 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING SUBDIVISION MAP OF TRACT NO. 45631" was adopted, approving Final Map 45631 for an 8-unit condominium project at 1006-1014 California Avenue. 6-F: COLLEGE FIREWORKS: A recommendation to approve Santa Monica College I s request for fireworks with their "celebrate America" program on July 3, 1988, was approved. 6-G: SULLY MILLER/STREET RESURFACING: Contract No. 5077 (CCS) was awarded to Sully Miller Contracting Co. in the amount of $651,599.10 for the 1987-88 Street Resurfacing Program, and the City Engineer was authorized to issue any change orders necessary to complete additional work to the extent of funds available in accordance with the Administrative Instruction on Change Orders. 6-H: SOLBERG + LOWE/OFFICE SPACE LEASE: A recommendation to authorize the city Manager to negotiate and execute Contract No. 5078 (CCS) with Solberg + Lowe Architects to lease 5,000 square feet of office space in the new airport administration building was approved. 6-1: CABLE TELEVISION FRANCHISE/CENTURY SOUTHWEST CABLE TELEVISION: A recommendation that the City Manager and City Attorney be directed to prepare a draft franchise and settlement agreement for Council review and consideration, and that the City take no action against Century Southwest Cable Television, Inc., to enforce either the expiration or termination of the franchise 7 March 8, 1988 :LUU until June 16, 1988, pending extension of the existing waiver by Century and the city that the delay will not waive any rights of either party, was approved. 6-J: KIRK PAPER/MISCELLANEOUS DUPLICATING PAPER: Bid No. 2162 was awarded to Kirk Paper company for a one-year period at specified unit prices and carton price break for items not listed on the bid, with renewal options for two additional years. 6-K: GREYHOUND/TRANSIT COACHES: Bid No. 2157 was awarded to Greyhound, Inc., in the amount of $1,796,710 for 10 transit coaches for the Municipal Bus Lines. 6-L: VALLEY CREST TREE CO./VISTA HILL NURSERY/TREES ON 3RD STREET MALL: Bid No. 2168 was awarded to Valley Crest Tree Company in the amount of $117,576 for 96 Jacaranda Acutifolia trees and to Vista Hill Nursery in the amount of $16,218 for 34 Cassia Leptophylla trees for the Santa Monica Mall located on 3rd Street between wilshire Boulevard and Colorado Avenue. END OF CONSENT CALENDAR 6-E: PARKING STRUCTURE NO. 5 IMPROVEMENTS: Presented was the matter of a resolution wa1v1ng competitive bidding and authorizing the city Manager to negotiate and execute contract for improvements to Parking structure No.5. Councilmember Finkel abstained from participation due to a possible conflict of interest. Councilmember Reed moved to adopt Resolution No. 7575 (CCS) entitled: IIA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA WAIVING COMPETITIVE BIDDING AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT FOR THE IMPROVEMENTS TO PARKING STRUCTURE NO. 5 ON THE OPEN MARKET, II reading by title only and waiving further reading thereof, thereby authorizing the City Manager to negotiate and execute a contract for the construction of improvements to parking structure NO.5, located at 1440 4th street, with interested qualified firms in the open market and authorizing the city Engineer to issue any necessary change orders to complete additional work in conformance with the Administrative Instructions. Second by Mayor Pro Tempore H. Katz. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Jennings, A. Katz, H. Katz, Reed, Zane, Mayor Conn Abstain: Councilmember Finkel 7-A: DAMAGED SIDEWALKS/DRIVEWAYS/CURBS: the evening. Considered earlier in 7-B: VACATION/22ND COURT: Considered earlier in the evening. 7 -C: VACATION/PICO PLACE NORTH: evening. Considered earlier in the 8 March 8, 1988 201 a-A: VEHICLE PARKING ON FRONT LAWNS: Presented was a staff report transmitting an ordinance for introduction and first reading adding Municipal Code Section 3385 prohibiting the parking of vehicles on front lawns. Discussion was held. The public hearing was declared opened. JOY Fullmer spoke to inquire as to which areas of the ci ty the ordinance appl ies and to express concern regarding enforcement. There being no one else wishing to be heard, the public hearing was declared closed. Councilmenlber Reed noted that the ordinance applies to those portions of the City in which there are legally required front yards. Mayor Pro Tempore H. Katz moved to introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 3385 TO THE SANTA MONICA MUNICIPAL CODE TO PROHIBIT PARKING OF VEHICLES ON FRONT YARDS," reading by title only and waiving further reading thereof. Second by Councilmember Reed. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 B-B: PLANNING, ZONINGf LAND USE FEES: The matter of the introduction and first reading of an ordinance adding Chapter 2A to Article IX of the Municipal Code establishing planning, zoning, and land use fees by resolution was continued to February 15, 1988. 9-A: SPECIAL JUNE ELECTION: Presented was a staff report transmitting resolutions pertaining to a special June municipal election. The following members of the public spoke in opposition to the proposal that councilmelllbers be selected by numbered seats: Brad Jones, William Coleman, RiChard FajardO, Irene zivi, Tony Vasquez, Julie Lopez Dad, Norman Curry, Paul DeSantis, Rose Kaufman, Douglas Willis, G. DiDomenko, Herman Rosenstein, Betty Mueller, and Daniel Cohen. Discussion was held. Mayor Conn moved to adopt Resolution No. 7576 entitled: t1A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SUBMITTING TO THE VOTERS SIX PROPOSED AMENDMENTS TO THE CITY CHARTER AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 7, 1988," reading by title only and waiving further reading thereof, submitting the fOllowing propositions to qualified electors of the city of Santa Monica: (a) Shall the City Charter be amended by adding Sections 1405-1407 to change the current city Council election procedures by providing for election of members to the City Council by numbered offices? (b) Shall the city Charter be amended by adding section 1905 to increase the city's expenditure authorization by $6,000,000 for each fiscal year during the four year period ending June 6, 1992 J for the purpose of maintaining and providing increased police and other protective services, for improving the safety of streets and neighborhoods, and for encouraging public involvement in the reduction of crime'? (c) Shall the city Charter be amended by adding section 1906 to increase the City's expenditure limitation by $9,500,000 for each fiscal year during the four year period ending June 6, 1992, for the purpose of capital improvements and 9 March 8, 1988 202 outlays for certain specified purposes including parks, pier preservation and improvement, street 1 ighting and street maintenance, libraries and police facilities? (d) Shall the City Charter be amended by adding Section 2015A to increase the City's expenditure limitation for each fiscal year during the four year period ending June 6, 1992, by an amount equal to the monies received from landlords in connection with tenant-approved conversions of rental units to be used for the purpose set forth in the Tenant ownership Rights Charter Amendment? (e) Shall Section 602 of the city Charter be amended to increase the monthly reimbursement for Councilmembers from $50 per month for Councilmembers and $150 per month for the Mayor to $600 per month for Councilmembers and $700 per month for the Mayor and to provide that the City Council may, by ordinance, increase those amounts once annually not to exceed either the amounts paid Councilmembers under state law in general law cities of the same population as the City of Santa Monica or five percent of the amount in effect at the time of passage of the ordinance? (f) Shall section 1005 of the city Charter be amended to allow the City Council, by ordinance, to provide for compensation of Planning Commissioners in the amount of $25 per meeting not to exceed $100 per month and to provide that the City council may, by ordinance, increase this amount by the annual increase in the Consumer Price Index? Second by Mayor Pro Tempore H. Katz. Discussion was held. Councilmember Finkel moved a substitute motion to delete Item (a) from the resolution. Discussion was held. The substitute motion failed by the following vote: Council vote: Affirmative: Councilmember Finkel Negative: Councilmembers Jennings, A. Katz, H. Katz, Reed, Zane, Mayor Conn Councilmember Finkel stated for the record that he is going to abstain from voting on the main motion but he wants to make it very clear what the significance of his abstention is. It.s a six part motion, as far as he is concerned, and he is not prepared to vote yes on all six. His position has been publicly, from the very beginning, that he cannot vote yes on the campaign reform proposition for reasons which have been discussed before, and he has said that he would abstain on that matter, and he is being denied the opportunity, as he sees it, to do that unless he also abstains on all the other items which he supports. So while he is going to abstain on this package motion, he does so unhappily because it is his intent to support the other resolutions and he is being deprived of the opportunity to do so. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Jennings, A. Katz, H. Katz, Reed, Zane, Mayor Conn Abstain: Councilmember Finkel Mayor Conn moved to adopt Resolution No. 7577 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA 10 March 8, 1988 203 AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE WRITTEN ARGUMENTS REGARDING MEASURES TO BE PLACED ON THE BALLOT AT THE SPECIAL MUNICIPAL ELECTION ON TUESDAY, JUNE 7, 1988, tI reading by title only and wa1v1ng further reading thereof, authorizing the fOllowing councilmembers to file written arguments as follows: Argument in favor of the addition of sections 1405-1407: Councilmembers A. Katz, Jennings, and Reed; argument in favor of addition of Section 1905: Mayor Conn and Mayor Pro Tempore H. Katz; argument in favor of addition of Section 1906: Mayor Conn and Mayor Pro Tempore H. Katz: argument in favor of addition of section 2015A: Mayor Conn and Mayor Pro Tempore H. Katz; argument in favor of amendment of Section 602: Mayor Conn and Councilmembers Finkel, Jennings, A. Katz, and Reed; argument in favor of amendment of section 1005: Mayor Conn and Councilmember Reed. Second by Mayor Pro Tempore H. Katz. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 Councilmember Reed moved to adopt Resolution No. 7579(CCS) entitled: ttA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY OF SANTA MONICA RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 7, 1988," reading by title only and waiving further reading thereof. Second by Mayor Pro Tempore H. Katz. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 Councilmember Reed moved to adopt Resolution No. 7578 (CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION OF THE CITY OF SANTA MONICA TO BE HELD ON JUNE 7, 1988, WITH THE STATEWIDE DISTRICT PRIMARY ELECTION TO BE HELD ON SAID DATE PURSUANT TO ELECTIONS CODE SECTION 23302," reading by title only and waiving further reading thereof. Second by Mayor Pro Tempore H. Katz. The motion was approved by the following vote: council vote: Unanimously approved 7-0 lO-A: PERCENT FOR ART: A recommendation to approve the 1987-88 Art Plan for the Percent for Art program was withdrawn at the request of staff. 10-B: SOCIAL SERVICES COMMISSION ROLE: The matter of a report from the Social Services Commission on the role of the Commission was continued to March 15, 1988. II-A: WATER GARDEN DEVELOPMENT: Presented was a staff report and recommendation regarding the water conservation agreement related to the Water Garden Development. Discussion was held. Sherman Stacey spoke on behal f of J. H. snyder company, the developer of the project, in support of exeoution of the compliance agreement. Mayor Pro Tempore H. Katz moved to approve 11 March 8, 1988 204 the staff recommendation, thereby approving the Compliance Agreement to Contract No. 506l(CCS). Second by Councilmember A. Katz. The motion was approved by the following vote: council vote: Unanimously approved 7-0 11-B: BIKE RENTAL FACILITIES: A Recommendation regarding bike rental facilities on the bike path was continued to March 15, 1988. 11-C: CLOSED SESSION: Held later in the evening. 12-A: DEVELOPMENT REVIEW/KENTUCKY FRIED CHICKEN/2727 PICO BOULEVARD: Considered earlier in the evening. 12-B: DEVELOPMENT REVIEW/SHERATON HOTEL/11lS Considered earlier in the evening. 2ND STREET: 13-A: HARDSHIP CAUSED BY LICENSE TAX: The request of Charles N. Tounj ian to address Council regarding hardship caused by the business license tax, continued from March 1, 1988, was withdrawn at the request of Mr. Tounjian. l4-A: STATE & LOCAL LEGAL CENTER: The request of Mayor Conn to discuss the request from the National League of Cities to support the State and Local Legal Center was continued to March 15, 1988. 14-B: INITIATIVE FILING FEE: The request of Counci1member Reed to discuss establishing a filing fee for citizen initiatives was continued to March 15, 1988. 14-C: MAIN STREET PARKING STRUCTURE: The request of Councilmember Reed to discuss consideration of items relating to the Main Street Parking structure was continued to March 15, 1988. 14-0: CHILDREN'S EDUCTIONAL MUSEUM: The request of Councilmember Jennings to discuss preparation of an RFP for a Children's Educational Museum for consideration in the Fiscal Year 1988-89 budget was continued to March 15, 1988. 15. PUBLIC INPUT - Continued to March 15, 1988 ADJOURNMENT: AT 9:50 p.m., the meeting was adjourned until after consideration of the Zoning Ordinance for the purpose of holding a Closed Session. RECONVENE SPECIAL MEETING At 10: 06 P. M., Mayor Conn reconvened the special meeting to continue Council direction to staff on the Zoning Ordinance. City Attorney Robert M. Myers stepped down from the dias; Assistant City Attorney Joseph Lawrence and Deputy City Attorney Laurie Lieberman were present. DRAFT ZONING ORDINANCE (continued): 12 March 8, 1988 205 continuing consideration of the RVC Residential-Visitor Commercial District, Councilmember Reed moved (p. 65) to delete The RAND Corporation site from the RVC zone (property bounded by Ocean Avenue, pico, Main street, and the freeway) and move it to the civic center District. Second by Mayor Pro Tempore H. Katz. Discussion was held. The motion was unanimously approved. Councilmember Zane moved (p. 65) to limit the RVC District to Ocean Avenue frontage on the west side of the street, from pico to Seaside Terrace only, limit the FARs to 2.0, and reduce the height limits to 45 feet and three stories. Second by councilmember Finkel. Discussion was held regarding councilmember zane's earlier motion to create the pier Zone, and whether it is a separate zone or an overlay within the RVC. Staff advised that the easiest route to take would be an overlay, otherwise a whole new district would need to be adopted and development standards and permitted uses established. with the consent of the second, the maker amended the motion to allow the Pier Zone to continue to be incorporated in the RVC, with the understanding that the previous discussion on the pier Zone limits the uses and density standards there and that the RVC extension does not by implication create any additional opportunities for densities or new uses. Councilmember Zane clarified that the boundaries limit the RVC to the pier Zone on the west side of Ocean Avenue south to Pico, excluding The RAND Corporation site, the residential sector that is west of Ocean Avenue, and the part of Ocean Avenue that is north of Colorado. The motion was unanimously approved. Councilmember Reed moved (p. 65) to include in the RVC zone the Ocean Avenue frontage back to First court, to California, with the same standards approved in the previous motion, 45 feet, three stories, and 2.0 FAR, thereby continuing the RVC zone north to California. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. Councilmember Zane moved that residental1y zoned parcels between Pico and the pier be excluded from the RVC zone and be left in residential use, leaving the RVC zone only to include Ocean Avenue frontage parcels, and rezone those residential parcels from R4 to RJ. During discussion, Councilmember Zane clarified the motion to include any parcel that is in residential use, and that the boundaries of this area are from pico to the pier, and bounded essentially by the Promenade on the west and by Ocean Avenue on the east, except for the parcels directly fronting on Ocean Avenue. Second by Councilmember Finkel. Discussion was held regarding nonconforming usage created by downzoning, and addressing regulations that would not allow building to R4 but would allow rebuilding to what is already built there. The maker revised the motion at Councilmember Jennings' suggestion to read "parcels immediately adjacent to Ocean Avenue," rather than Udirectly fronting on Ocean Avenue.u The maker further clarified that the intent of the motion is to protect the residential sector, with the motion to be understood that if there are, for example, motel uses that are two parcels in depth, that both parcels should remain in the RVC zone, and it is the properties 13 March 8, 1988 206 immediately behind them with residential uses on them that are intended to be downzoned to R3. Discussion was held. The motion was approved, Councilmember Reed opposed. Councilmember Reed requested the record to reflect that her no vote is because of the particular change in zone aspect of this motion. Councilmember Jennings moved that the standards applied along Ocean Avenue also apply to the area that is basically bounded by Ocean on the east, Pico on the south, Vicente Terrace on the north, with vicente Terrace extending all the way out to the beach, with the beach the western boundary. Second by councilmember Reed. The motion was approved, councilmember Finkel opposed. Regarding the Broadway Commercial District, Councilmember Reed moved to add into the Purpose section of the ordinance (Section 9016.1) some language that references the preservation of the existing automobile-related uses with regard to the storage of new vehicles, not to be used at any higher intensity, but essentially to denote in the Purpose section that Council is recognizing that portions of this district have been used for auto storage for dealers selling new automobiles, and intends to allow that use to continue, and other automobile-related uses such as gas stations and auto repair will also be allowed in this district. Second by Mayor Pro Tempore H. Katz. The motion was approved, Councilmember Finkel opposed. Councilmember Reed moved (p. 68) in subsection (n) of Section 9016.2 to delete the percent and insert "... that in no event shall any medical, dental, or optometrist office exceed 3,000 sqare feet." At the suggestion of Mayor Pro Tempore Katz, the maker amended the motion to read "25% or 3,000 square feet, whichever is less." Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. Councilmember Reed moved (p. 68) to add parks back in as an approved use, and delete the qualifier after Residental Uses in 9016.2 (r) and not specify on what floor they go, they can go on any floor. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. councilmemher Reed moved (p. 69) that under uses subject to performance standards, add in new automobile storage lots associated with new automobile dealerships only, i.e., the lots must be I inked to one of the auto dealerships. Second by Councilmember Jennings. During discussion, the motion was clarified to mean new cars, not new lots; existing lots would be covered if they seek new permits, or a new lot would come under this section. councilmember Finkel moved a substitute motion to only permit those lots on the phaseout basis proposed by staff. The motion failed for lack of a second. Discussion was held. The maker and second accepted as friendly an amendment by Councilmember Zane to require within three years sufficient landscaping to screen the lots. The motion was unanimously 14 March 8, 1988 207 approved. Councilmember Reed moved (p. 69) to delete residential uses generally as those subject to performance standards because they are allowed generally under the allowed section, and restore service stations in the conditionally permitted use language. Second by Mayor Pro Tempore H. Katz. At the request of Councilmember Zane, the two items were made as separate motions. The amended motion to delete residential uses from the uses subj ect to performance standards section was unanimously approved. Councilmember Reed moved to restore service stations to the conditionally permitted use section. Second by Mayor Pro Tempore H. Katz. The motion was approved, Councilmember Zane opposed. Councilmember A. Katz moved (p. 69) to delete auto repair shops as conditionally permitted uses. Second by Councilmember Finkel. During discussion regarding the effect of this motion on existing auto repair shops, the motion was withdrawn. Councilmember Reed moved (pp. 69-70) to have the maximum building height be as follows: 2 stories, not to exceed 30 feet, excepting that if 50% or more of the building is residential, the limit would be 3 stories, not to exceed 45 feet. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. Councilmember Zane moved that commercial uses be limited to the first floor. Second by councilmember Finkel. Discussion was held. The motion failed, Councilmembers Finkel and Zane in favor. Councilmember Reed moved (p. 70) that the front yard setback for all property be an minimum of 5 feet, an average of 10 feet, averaged pursuant to the design needs of the building. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. Councilmemher Zane moved that the section of Broadway from 26th Street to 20th street that is currently in the C5 District, the north side of Broadway, be moved into the Broadway Mixed Use District. Second by councilmember Finkel. Discussion was held. The motion was unanimously approved. It was moved, seconded, and unanimously approved to extend the ~eeting past 11:00 P.M. For the C2 Neighborhood commercial District, councilmember Reed moved to add as permitted uses banks or savings and loans functioning as branch offices, and restaurants under 50 seats without liquor licenses. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. councilmember Zane moved (p. permitted uses drive in and Second by Mayor Pro Tempore H. approved. 75) to delete as conditionally drive through food restaurants. Katz. The motion was unanimously 15 March 8, 1988 208 Councilmember Reed moved to add in the conditionally permitted use section any restaurants of any size and those restaurants under 50 seats that seek liquor licenses, and for the medical, dental, and optometrist office, provide that the use does not exceed 25% or 3,000 square feet, whichever is less. Second by Mayor Pro Tempore A. Katz. The motion was unanimously approved. Councilmember Jennings moved to delete conditionally permitted uses, as they subject to performance standards. Second The motion was unanimously approved. sidewalk cafes under are included in uses by Councilmember Reed. Councilmelnher Zane moved to put drive in and drive through restaurants under prohibited uses. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. Councilmember Jennings moved to move parking structures located below the ground from a prohibited use to a conditionally permitted use. Second by Councilmember A. Katz. Following discussion, councilmember Jennings withdrew the motion. Councilmember Reed moved (p. 76) in subsection (a) of section 9017.6, to put a period after mezzanine level, deleting the last phrase of the sentence. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. Mayor Pro Tempore H. Katz moved (p. 76) to restore subsection (c) of Section 9017.6, to provide that restaurants are limited to two per block. Second by Councilmember Zane. At the suggestion of the City Manager and with no objection from the second, the maker changed the motion to direct staff to study and return wi th recommendations. The motion was unanimously approved. For the C3 Downtown Commercial District, Councilmember Zane moved (pp. 83-84) to reduce the density standards to have a 3 story, 2.0 FAR for the as of right standard, and a 4 story, 2.5 FAR for the site review standard. Second by Councilmember Finkel. Mayor Pro Tempore H. Katz moved a substitute motion to direct staff to study both Councilmember Zane's motion and the motion to stay at 4 stories with a 2.0 FAR and 6 stories with a 2.5 FAR. The motion was duly seconded. The substitute motion was approved, Councilmember Zane opposed. Councilmember Reed moved (p. 80) to include under permitted uses art studios above the first floor. Second by Councilmember Finkel. The motion was unanimously approved. Councilmember Reed moved (p. 81) to delete cinemas as a permitted use and move them to the conditionally permitted use section. Second by Councilmember Finkel. The motion was unanimously approved. Councilmember Reed moved to add the bed and breakfast category as a conditionally permitted use. Second by Councilmember Finkel. The motion was unanimously approved. 16 March 8, 1988 209 Councilmember A. Katz moved (p. 83) to move drive in and drive through fast food restaurants to prohibited uses. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. Councilmember A. Katz moved (p. 84) that minimum lot size should be corrected to read "Each parcel shall contain a minimum depth of 150 feet and a minimum width of 50 feet..." The motion was duly seconded and unanimously approved. In regard to residential uses above the first floor, Mayor Pro Tempore H. Katz moved to direct staff to develop standards regarding stepbacks to provide light and air. Second by Councilmember A. Katz. The motion was unanimously approved. Councilmember Zane moved that the section of the proposed C3 zone that is currently in the M zone, the area containing Richards Surgical, the City bus yards, and the trailer park, remain in the M zone. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. Councilmember Zane moved that 6th and 7th streets between Santa Monica Boulevard and Colorado be made a Mixed Use Overlay Zone in the C3, reduce the standards there to :3 stories, 2.0 FAR as of right, 4 stories, 2.5 FAR with site review, and require that to get the 4th story there must be 50% residential in the use. Second by Councilmember Finkel. Discussion was held. With the consent of the second, the maker amended the motion to direct staff to evaluate and recommend a range between 3:3% and 50% housing in order to get the 4th story. The motion was approved, Councilmember Reed opposed. councilmember Reed moved (p. 83) to move automobile parking lots and garages, billiard parlors, bowling alleys, and clubs and lodges, from condi tionally permitted uses into the performance standards section. Second by Councilmember Jennings. During discussion, staff advised that they need predetermined standards for these Uses. Councilmember Reed moved an amended motion to move only automobile parking lots to the performance standards section. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. Councilmember Zane moved to reduce the density standards in the Wilshire Boulevard part of the C3 zone, from 2nd to 7th street, to 3 stories, 2.0 FAR as of right, and 4 stories, 2.5 FAR with site review. Second by Councilmember Finkel. During discussion, it was determined that this direction had already been given. For the C3-C Downtown Overlay District, Councilmember Zane moved to reduce the FAR on both sides of 5th Street within this zone to 3 stories, 2.0 FAR as of right and 4 stories, 2.5 FAR with site review. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. For the C3-C section generally (with the exception of the 5th Street area covered in councilmember Zane I s previous motion), Councilmember Reed moved the Planning Commission recommendation 17 March 8, 1988 210 with a slight adjustment, which is 4 stories, 2.5 FAR and 6 stories, 2.5 FAR with site review. Second by Mayor Pro Tempore H. Katz. Discussion was held. Councilmember A. Katz moved a substi tute motion for 2.5 FAR and 3 . 0 FAR wi th si te review. Second by Councilmember Jennings. Discussion was held. Councilmember Zane moved an amendment to leave the Mall (all references to uMall" are to the Third street Mall Specific Plan zone) at existing standards as adopted when the Third street Mall Specific Plan was adopted, namely to leave the 3.5 FAR at the four parcels potentially at Broadway and Wilshire, with site review at those ends, 84 feet maximum height at those zones, 56 feet maximum height with the provided-for stepbacks on all the other parcels on the Mall zone. The maker and second of the substitute motion accepted the amendment as friendly. The substitute motion as amended was approved, Councilmember Reed opposed. Councilmember Zane moved in the non-Mall part of the C3-C zone, basically 2nd and 4th Street, to reduce the FAR to 2.5 as of right and with site review. Second by Mayor Pro Tempore H. Katz. The motion was clarified to include everything in the C3-C Zone, outside of the Third street Mall. The motion was unanimously approved. For the C4 Highway Commercial District, Mayor Pro Tempore H. Katz moved that for Santa Monica Boulevard, to direct staff to study the SMRR recommendation, the 1.5 FAR studied at 2.0, and the 2.0 studied at 1.75, 2.0, and 2.25, to get a variable to see where these numbers are. The motion failed for lack of a second. Councilmember Zane moved on Santa Monica Boulevard to have an as of right standard of 1. 5 FAR, 2 stories, 30 feet, and a site review standard of 3 stories, 45 feet, 2.0 FAR. Second by Councilmember Finkel. Discussion was held. The motion was unanimously approved. For the automobile dealers only, Councilmember Reed moved the Planning Commission recommendation, which is 3 stories, 45 feet, 2.5 FAR. Second by Councilmember Jennings. During discussion, the motion was clarified to apply to both existing and new dealers in the sale of new automobiles. Councilmember Finkel moved an amendment to adopt the same standard as those for Santa Monica Boulevard. During discussion, the amendment was withdrawn. The maker and second included in the motion Councilmember zane's suggestion that these standards be with site review (without site review the standards for Santa Monica Boulevard would be observed) . The motion was approved, Councilmembers Finkel and Zane opposed. Councilmember Zane moved on Pica Boulevard from 21st to 31st Streets, to restore the language (With Approval of a Conditional Use Permit) (pp. 96-97) all the way down to Minimum Lot Size. (This motion includes 14th Street between pico and the freeway.) Second by Councilmember A. Katz. The motion was unanimously approved. 18 March 8, 1988 211 Counci1member Reed moved (p. 97) corrected to a "minimum depth of 150 50 feet. Second by Councilmember unanimously approved. On pico Boulevard from Ocean Avenue to 4th Court, Councilmember Zane moved to reduce the as of right standard to 2 stories, 30 feet, 1.0 FAR, and 3 stories, 45 feet, 1.5 FAR if housing is above the first floor. Second by Councilmember Finkel. During discussion, the motion was clarified to pertain to the south side of Pico, not including the civic Center site. It was also clarified that there is no percentage of housing required but to have 3 stories, only the first floor would be commercial, the next two would have to be housing. councilmember A. Katz moved a substitute motion to be 2 stories, 1.0 FAR if it is all commercial, 3 stories, 1.S FAR if it is SO% residential, and all the residential would have to be on the second and third floors. Second by Mayor Pro Tempore H. Katz. The substitute motion was approved by the following vote: that Minimum Lot size be feet and a minimum width of A. Katz. The motion was Council vote: Affirmative: Councilmembers Finkel, A. Katz, Reed, Zane, Mayor Conn Negative: Councilmembers Jennings, H. Katz Councilmember Zane moved (p. 99) that 25,000 feet be the threshold for requiring a site review program in all commercial zones. Second by Councilmember Finkel. During discussiont with no objection from the second, the maker amended the motion to pertain to only the C4 zone. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Finkel, A. Katz, Zane, Mayor Conn Negative: Councilmember Jennings, H. Katz, Reed For the C5 Special Office Commercial District, Councilmember Finkel moved the Planning commission recommendation, modified to 3 stories 1. 0 FAR, 6 stories 1.0 FAR with site review (the Planning Commission recommended site review on S acre parcels). Second by Mayor Pro Tempore H. Katz. The motion was approved, councilmember Jennings opposed. Mayor Conn moved that the area north of Olympic, east of Stewart, to centinela and to Colorado be taken out of CS and left in the M zone, leaving residential alone. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. Councilmember Zane moved that the district bounded by Michigan on the north and Exposition on the south between stewart street and 22nd street be kept in M zone and not upzone it to C5. Second by Councilmember Reed. The motion was unanimously approved. 19 March 8, 1988 212 Councilmember Jennings moved that the area north of Michigan, south of Olympic and Olympic to 22nd, presently basically American Appliance, be kept in the M zone. Second by councilmember Reed. The motion was approved, Councilmember A. Katz opposed. During discussion, it was been left in the M zone. clarified that there will the zoning will be M.) clarified that both trailer parks have (Later in the evening it was further not be an M2 District, only an Ml, so For the C6 Boulevard Commercial District, Councilmember Zane moved it be 3 stories, 2.0 FAR as of right, 4 stories, 2.5 FAR with site review. Second by councilmember Jennings. The motion was unanimously approved. For the C-P Commercial Professional District, Councilmember Zane left the dias due to a possible conflict of interest. councilmember Reed moved (p. 129) that subsection (b) underprohibited uses be clarified to read helicopter landing facilities. Second by Mayor Pro Tempore H. Katz. The motion was approved, Councilmember Zane abstaining. For the CC civic District, Councilmember Reed moved (p. 133) that the Purpose section be amended to add a clause at the end of the first sentence, so it will read, "The CC District is intended to provide for the retention of the major concentration of government and cultural facilities at the Santa Monica civic Center, and the office and educational uses at The RAND corporation." Second by Mayor Pro Tempore H. Katz. During discussion, with the consent of the second, the maker amended the motion to replace the clause relating to The RAND Corporation with nand nonprofit office and educational and research uses." The motion was unanimously approved. On the portion of the Civic Center site between Main and Ocean Avenue, Councilmember Zane moved that the FAR be 1.0. Second by Councilmember Finkel. Councilmember A. Katz moved a substitute motion to direct staff to study the range of 1.0 to 1.5. Second by Councilmember Finkel. Councilmember Reed moved a substitute motion to expand the range being studied to 1.0 to 2.0, 4 stories by right, 6 stories with site review. Second by Mayor Pro Tempore H. Katz. The substitute motion was approved by the following vote: council vote: Affirmative: Councilmembers Jennings, A. Katz, H. Katz, Reed Negative: Councilmembers Finkel, Zane, Mayor Conn councilmember A. Katz moved that the maximum FAR on the eastern side of the CC District (the Civic Center) be 2. O. Second by Mayor Pro Tempore H. Katz. The motion was approved by the fOllowing vote: 20 March 8, 1988 213 council vote: Affirmative: Councilmembers Finkel, A. Katz, H. Katz, Zane, Mayor Conn Negative: Councilmembers Jennings, Reed For the PL Public Lands District, Mayor Pro Tempore H. Katz moved (p. 144) to eliminate the PL District and substitute an Open Space Overlay District. Second by councilmember A. Katz. During discussion, it was clarified that the intent is to have an open space overlay over current zoning wherever those open spaces currently exist in order to have site review if and when the use changes. It was further stated that this should be applied to all municipal parks, all school sites that have open space on them, and the remaining small pieces of open spaces at Santa Monica College. The motion was unanimously approved. For the 'A' Off-Street Parking Overlay District, Councilmember Reed moved (p. 148) to include under conditionally permitted uses below-grade parking when the surface is landscaped open space. Second by Mayor Pro Tempore H. Katz. The motion was approved, Councilmember Zane opposed. Councilmember Reed moved (p. 148) to add a requirement under Section 9032.5 that "An intensification of use on an adjacent commercial parcel, which is supported by one of the 'A I lots, would automatically trigger a full site review of the supporting 'A' lot." Second by Mayor Pro Tempore H. Katz. During discussion, the second was withdrawn. Councilmember Zane moved that all currently IAI zoned lots may retain their lA' designation provided that the adjacent commercial use remains at the same intensity. Second by Mayor Pro Tempore H. Katz. Discussion was held. The motion was unanimously approved. Councilmember Zane moved that all 'AI designated lots that are now not in parking uses should have their 'AI designation removed and they will be residental. Second by Mayor Pro Tempore H. Katz. The motion was approved, Councilmember Jennings opposed. Councilmember Jennings requested the record to reflect that his no vote is because he believes this is going to destroy a very valuable buffer between residential and commercial areas. Councilmember Zane moved that 'A' lots revert to residential uses if their adjacent commercial property is approved for new development (the new development would provide its own parking according to existing standards). Second by Mayor Pro Tempore H. Katz. During discussion, with the consent of the second, the motion was revised as follows: wi th respect to I A ' lots, a change of use (staff will provide the definition) or an intensification or expansion of square footage by up to between 10-30% (staff will provide the specific number) would trigger a site review (Of the total development package), with the potential for retaining the 'A' lot. Discussion was held. The motion was approved, councilmember Jennings opposed. 21 March 8, 1988 214 Councilmember Jennings requested the record to reflect that he thinks this is going to result in a loss of a lot of surface parking for uses that we all support. Councilmember Reed moved (p. 148) to delete "or below" from the first line of subsection (a) of Section 9032.6. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. Mayor Pro Tempore H. Katz moved to use staff recommendations on parking standards as a base for the EIR. The motion was duly seconded. Discussion was held. The motion was approved, Councilmember Reed opposed. Councilmember Reed moved (p. 149) for development standards for above grade parking structure facilities the following maximum height recommendations: R2A, surface parking only; R3A, two parking levels above grade, not to exceed 20 feet; R4A, three parking levels above grade, not to exceed 30 feet; Subterranean Level, change to "Any number of levels..." Second by Mayor Pro Tempore H. Katz. Discussion was held. The motion was unanimously approved. Councilmember Zane moved that parcels on San vicente between Ocean Avenue and 7th street, currently R3 and R4, be downzoned to R2. Second by Councilmember Finkel. Discussion was held. with 0 Objection from the second, the maker amended the motion to include directing staff to modify the nonconforming use language so as to permit accommodation of existing higher density residential uses. Mayor Pro Tempore H. Katz moved a substitute motion to do a density overlay to the R2 standard in this area. There being so second to the substitute motion, the main motion as amended was approved, Councilmembers Reed and A. Katz opposed. with regard to the RVC District, councilmember Zane moved that retail be limited to the ground floor only. Second by Councilmember Finkel. Discussion was held. councilmember A. Katz moved a substitute motion that offices and retail above the first floor require a CUP. During discussion, with no objection from the second, the maker restated the main motion to make retail and general office use incidental to principal uses, and clarified that the area concerned is from pica to the pier, the west side of Ocean Avenue. with no objection from the maker or second, the chair restated the motion to incorporate the substi tute motion. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Finkel, H. Katz, Zane, Mayor Conn Negative: Councilmembers Jennings, A. Katz, Reed Regarding the Rl zone, Councilmember Reed moved that staff be directed to devise a regulatory system for issuing permits for room rentals in the single family zones, and that part of that permit issuing include notification to residents adjacent under 22 March 8, 1988 215 the standards, and also ensure that a parking space onsi te be provided in addition to the 2 covered spaces regularly required for a single-family house. The motion failed for lack of a second. Mayor Pro Tempore H. Katz moved to not legally allow any room rental in the RI zone. Second by Councilmember Reed. The motion died as the chair ruled this a reconsideration of a prior motion, and therefore must be made by someone on the prevailing side of the original motion. councilmember Jennings moved that the concept of nonconforming use not apply to residential. As this is not directly relevant to the EIR, the motion was not considered at this time. Regarding parking standards, councilmember Reed moved (p. 194) to allow tandem parking for projects that have some dedicated low- to moderate-income units and that the tandem parking be allowed up to 30% of the total number of parking slots allowed for the particular proj ect. Second by Councilmember Zane. The motion was approved, Mayor Pro Tempore H. Katz opposed. councilmember Reed moved to permit uncovered parking on the rear half of a residential lot in the multiple-residential zones. Second by Councilmember Finkel. Mayor Pro Tempore H. Katz requested to go on record that he is going to vote no on this he thinks it is a mixed standard. The motion was approved, Mayor Pro Tempore H. Katz and Councilmember Jennings opposed. councilmember Reed moved to require 1 guest parking space for every 10 housing units and this would apply to projects of 10 units or greater. The motion failed for lack of a second. councilmember Reed moved that for hotels and motels, the requirement be changed to 1 space for each additional 1,000 square feet. During discussion, the maker changed the requirement to 500 square feet. Second by Councilmember Jennings. Mayor Pro Tempore H. Katz moved a substitute motion to make the requirement 200 square feet. Second by Councilmember Finkel. The substitute motion was unanimously approved. Councilmerober Reed moved that for both categories of senior group housing the requirement for guest spaces be 1 for every 10 units. Second by Councilmember A. Katz. The motion failed, councilmembers A. Katz and Reed in support. Councilmember Reed moved (p. 195) under auto repair to delete the 2 spaces per service bay and leave the other standard there. The motion failed for lack of a second. councilmember Reed moved to change the requirement to 1 space per service bay. The motion failed for lack of a second. Councilmember Reed moved for auto sales to delete the 2 spaces per service stalls. Second by Mayor Pro Tempore H. Katz. Discussion was held. Mayor Conn moved a substitute motion to delete the 3 spaces for each 1,000 square feet of interior and exterior office and display area. Second by Councilmember Reed. The motion was approved by the following vote: 23 March 8, 1988 Lib Council vote: Affirmative: Councilmembers Jennings, A. Katz, Reed, Mayor Conn Negative: Councilmembers Finkel, H. Katz, Zane Councilmember Reed moved on the self-service or coin-operated auto washing to reduce the 3 spaces for each washing stall to 2. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. Councilmember Jennings moved (p. 194) to change Family Day Care Home to Child Day Care Centers. Second by Councilmember A. Katz. This motion was not considered at this time as it is not relevant to the EIR. Councilmember Jennings moved (p. 195) on auto service station and auto service station with mini-mart the following standard for both: 2 spaces per service bay plus 3 spaces if full service, 1 space if self service, plus 1 space for each 100 square feet of retail. Second by Councilmember Reed. The motion was unanimously approved. Councilmember Reed moved (p. 196) on restaurants to evaluate 1 space per 4 seats. Second by Mayor Pro Tempore H. Katz. The motion was approved by the following vote: Council vote: Affirmative: councilmembers Jennings, H. Katz, Reed, Mayor Conn Negative: Councilmembers Finkel, A. Katz, Zane Councilmember Reed moved (p. 197) under private high schools that the standard be increased to 20 generally plus 5 spaces per classroom. Second by Mayor Pro Tempore H. Katz. The motion was approved, Councilmembers Finkel and Zane opposed. Councilmember Reed moved on private colleges that the standard be increased to 50 spaces generally plus 20 per classroom. The motion failed for lack of a second. councilmember A. Ratz moved (p. 195) on auto repair to change to 3 spaces per 1,000 square feet. Second by Mayor Pro Tempore H. Katz. During discussion it was determined that this is a more stringent standard and the motion was withdrawn. Councilmember Jennings moved (p. 196) on general office to change to 1 space per 300 square feet. Second by Councilmember Reed. The motion was approved, Mayor Pro Tempore H. Katz opposed. Mayor Pro Tempore H. Katz moved (p. 199) on warehousing to change to 1 space per 1,000 square feet up to 10,000 feet, and then decrease it at 1 for 2,500 after that. Second by Councilmember Zane. The motion was unanimously approved. 24 March 8, 1988 217 councilmember Jennings moved under light and limited industrial manufacturing, change to 1 space per 500 square feet. Second by Councilmember A. Katz. The motion was unanimously approved. Councilmember Finkel moved (p. 200) under cinemas to add "whichever provides the max1mum number of cars. tI During discussion, it was determined that this was a more stringent standard and the motion was withdrawn. Councilmember Jennings moved (p. 201) under m1n1mum parking requirements for places of worship or assembly, change the "plus" to "or" and add "whichever is greater. II Second by councilmember A. Katz. The motion was approved, Mayor Pro Tempore H. Katz opposed. Regarding performance standards, Councilmember Zane moved to incorporate the triangle bounded by Pico, Big Ocean Avenue and Little Ocean Avenue in the Ocean Park downzoning. Second by Councilmember Finkel. During discussion, with the consent of the second, the motion was revised to include the parcel in downzoning of R4 to R3 motion made earl ier. The motion was approved, Mayor Pro Tempore H. Katz opposed. Councilmember A. Katz moved (p. 233) under subsection (a) (1) of section 9050.4, to change 10 percent to 50 percent. Second by Councilmember Reed. The motion was approved, Councilmembers Finkel and Zane opposed. Councilmember A. Katz moved (p. 236) on queuing of vehicles to change the requirement to one-half space per service bay. Second by Councilmember Reed. The motion was approved, Councilmember Finkel opposed. Councilmember Reed moved (pp. 239-240) under automobile rental agencies to add a prohibition of external loud speakers. Second by Mayor Pro Tempore H. Katz. Councilmember A. Katz moved a substitute motion to take all auto sales requirements, including egress and ingress and noise abatement language, and put it into the auto rental section. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. Councilmember Jennings moved to delete the top paragraph on p. 234. Second by Councilmember Reed. The motion was approved, councilmember Finkel opposed. ADJOURNMENT: At 2:59 A.M., the Special Meeting was adjourned. On April 5, 1988, at 6:00 P.M., a Special Meeting will be held to continue direction to staff, continuing page-by-page from page 48. RECONVENE REGULAR COUNCIL MEETING At 3:01 a.m., Mayor Conn reconvened the regular Council meeting, adjourned earlier in the evening. 25 March 8, 1988 218/219 CLOSED SESSION: Presented was a request for Closed Session for the purpose of considering personnel matters and threatened litigation, pending litigation and litigation to be commenced by the city. At 3:01 a.m., Council adjourned to Closed Session to consider the following cases: Shell oil Company v. City of Santa Monica, Ninth Circuit Court Case No. 86-6013: and Santa Monica Carousel Corporation v. City of Santa Monica, et al., Los Angeles Superior Court Case No. C 398648. At 3:10 a.m., Council reconvened. Mayor Conn announced that there was nothing to report. ADJOURNMENT: AT 3: 10 a.m., the meeting was adjourned to 7: 30 P.M. on Tuesday, March 15, 1988, to consider Items 5-A, S-B, S-C, 7-A, 7-B, 7-C, 8-B, 10-B, II-B, 11-C, I2-B, 14-A, 14-B, 14-C, l4-D, and 15. ATTEST: ~ ~/" / ::t,/L~ad..J-r--- --- _V l'" Donna ~~ancourt Acting City Clerk . Conn 26 March 8, 1988