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CITY OF SANTA MONICA
CITY COUNCIL MINUTES
MAY 3, 1988
A meeting of the Santa Monica City council was called to order by
Mayor Conn at 6:35 p.m., on Tuesday, May 3, 1988, in the Council
Chambers, having been adjourned from April 26, 1988.
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
(entered at 6:37 p.m.)
Also Present: city Manager John Jalili
Assistant City Attorney Joseph Lawrence
Deputy City Attorney Laurie Lieberman
Acting city Clerk Donna R. Betancourt
1. DRAFT ZONING ORDINANCE: Presented was the matter of Council
direction to staff on the Draft Zoning Ordinance.
[All page references are to the Fourth Draft of the Santa Monica
Zoning Ordinance, dated November 1987.]
For Subchapter lOB, Home Occupation permits, Councilmember Reed
moved (p. 299) to amend this section to include provision for
mail notice on the application for a home occupation permit,
within a 500 foot radius, with an opportunity for those being
noticed to comment back to the Zoning Administrator, and that the
home occupation permits have a specific term, either two or three
years, so there is a periodic renewal required and renotification
that would enable the review of any changed circumstances.
Second by Mayor Pro Tempore H. Katz. Discussion was held. With
no obj ection from the second, the maker amended the motion to
change the notification radius to 100 feet. Discussion was held.
At the suggestion of staff, and with the concurrence of the
second, the maker amended the motion to refer the matter to staff
to come back with a proposal to improve the existing process,
stressing that the initial intent of the motion not be lost, that
there be some notice and some opportunity for people to comment.
The motion was unanimously approved.
Councilmember Finkel moved (pp. 300-301) to direct staff to look
at subsections 9110.3{b) and 9110.3{k) and make appropriate
recommendations to Council as to what standards for "benign" and
inobtrusive activity might be appropriate to permit. Second by
Councilmember Zane. During discussion, at the suggestion of
Councilmember Reed, the maker and second amended the motion to
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delete reference to subsection 9110.3(b). The motion failed by
the following vote:
council vote: Affirmative: councilmembers Finkel, A. Katz, Zane
Negative: Councilmembers Jennings, H. Katz,
Reed, Mayor Conn
Councilmember Reed moved (p. 300) under subsection 9110.3(g) that
"reasonable courier servicesll be defined as no more than twice a
week. The motion died for lack of a second.
For Subchapter 10E, variances, Councilmember Zane moved (p. 316)
under Section 9113.4 to change the notification radius from 300
feet to 500 feet. Second by Councilmember Finkel. with no
objection from the second, the maker included in the motion that
it be made explicit that lIall property owners and tenants" mean
all commercial and residential property owners as well as
commercial and residential tenants. During discussion, the maker
amended the motion to withdraw the portion referring to 500 feet,
leaving the radius at 300 feet for notification for variances.
Second by Mayor Pro Tempore H. Katz. Discussion was held. The
amended motion was approved, Councilmember Jennings opposed.
For Subchapter 10F, Conditional Use Permits, councilmember Zane
moved (p. 320) under Section 9114.1 to add language spelling out
the 500 foot radius for notification. Second by Councilmember A.
Katz. The motion was unanimously approved.
For Subchapter lOG, Site Plan Review Permit, Councilmember
Jennings moved (p. 326) to add that if the height or FAR goes
over the as-of-right standard, the developer must establish to
the City's satisfaction that the increased FAR or height will not
result in more traffic generation than what would be generated by
the FAR and height allowed as of right, and that some amount of
usable open public space be provided in the project in order to
go over the basic allowed amount. Second by councilmember Zane.
Discussion was held. Councilmember Zane moved a substitute
motion to direct staff to develop standards which require that
for the purpose of granting a site review permit so as to provide
extra height and extra density above the established standard,
that an affirmative finding needs to be made that some
significant public objective would be achieved, and that no
excessive burdens would be created, with staff to bring back to
Council language and a procedure to reflect this, and some
criteria by which the decisionmakers can evaluate it, inclusive I
of the criteria set forth in Mr. Jennings' motion, including in
the motion that in the context of the Interim Zoning Ordinance,
no site review processes should be applied, and that by the time
the Zoning comes back for final adoption, the aforementioned
criteria and procedure should be developed for any future site
review approvals. Second by Mayor Pro Tempore H. Katz. During
discussion, with the concurrence of the second, the maker amended
the motion to limit it to the substance of the change, with the
question of what happens in the interim to be the subject of a
separate motion. The amended motion was unanimously approved.
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Councilmember Reed moved to direct staff not to hold the Zoning
Ordinance for the competion of the work that is necessary to
address the previous motion, and that further, they be directed
at such time as they bring the Zoning Ordinance back to council,
to also bring whatever document or ordinance is necessary to hold
the site plan review process in abeyance until such time as the
staff work is completed, but in no event longer than six months
after the adoption of the full Zoning Ordinance. Second by
Councilmember Zane. Discussion was held. Referencing the
earlier discussion with respect to site review permits having to
do with developing of standards to include afffirmative findings
of some significant public objective, Councilmember Zane moved a
substitute motion that that site review permit is the standard to
be applied when a developer wishes to exceed the as-of-right
height and density standard, and it is not to apply in the
instances where it is simply above the two-lot standard. Second
by Mayor Pro Tempore H. Katz. The chair clarified that the
process outlined in the Fourth Draft of the Zoning Ordinance
would stay in place for those projects that surpassed the
threshold, but that site review of projects above the by-rights
standard would be held in abeyance. Discussion was held.
Councilmember Zane moved a substitute motion that the prior
adopted motion shall apply only to those si te review permits
triggered by projects proposing to exceed the as-of-right height
and FAR standard, and both in the interim and until the standard
comes back to council, no proposals for site review above the
as-of-right height limit and FAR limit will be processed. Second
by Councilmember Finkel. Councilmember A. Katz moved an
amendment to limit the unavailability of site plan review permits
to when the FAR is exceeded but not the height. The amendment
was accepted by the maker and second and incorporated into the
motion. The maker clarified that this motion states that no site
review permits for excess FAR would be granted in the interim
period and those site review permits which are granted are
limited to those that are between the two-lot standard and the
as-of-right FAR, and further, that the only restriction is on
variations from FAR. The motion, as amended, was approved,
Councilmerober A. Katz opposed.
Councilmember Zane moved (p. 326) to increase the notification
radius from 300 feet to 500 feet, and clearly spell that out in
Section 9115.3. Second by Councilmember A. Katz. The motion was
clarified to apply only in those cases between the two-lot and
the as-of-right FAR standards, and the increased height. The
motion was unanimously approved.
For Subchapter 10H, Amendments of comprehensive Land Use and
Zoning Ordinance, Councilmember Zane moved (p. 330) under
subsection 912o.2(a) (3) to include specific notice of the same
sort that would apply in the case of a site review permit.
Second by Councilmember A. Katz. During discussion, the second
was withdrawn. Councilmember Zane moved to direct staff to
develop language to address the concern regarding notification
whenever a text amendment results in a change for a specific
parcel. Second by Councilmember A. Katz. The motion was
unanimously approved.
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Mayor Pro Tempore H. Katz moved (p. 333) to add a subsection
under section 9120.6 that for interim ordinances, there be a
variance procedure in the interim zoning ordinance. Second by
Councilmember Reed. The motion was unanimously approved.
Councilmember Zane moved (p. 333) under Section 9120.7 that the
vested rights standard be drafted to reflect applicable state law
and judicial precedent, whereby proj ects are vested upon the
basis of having made substantial expenditures in reliance upon
final approvals, not upon the final approval itself. Second by
Councilmember Finkel. Discussion was held. Councilmember Reed
moved to delete section 9120.7, thereby not providing a general
standard but giving Council the discretion to adopt individual
vesting standards particular to each circumstance. Second by
Councilmember A. Katz. The maker and second accepted the motion
as a friendly amendment to the main motion. The motion, as
amended, was unanimously approved.
For Subchapter 10L, General and Specific Plans, Councilmember
Reed moved (p. 340) to add a subsection under Section 9121.13 to
allow for the private initiation of a Specific Plan, and have
staff advise council as to whether a minimum size in number of
lots or acres for a Specie Plan area should be included. Second
by Councilmember Finkel. Discussion was held. The maker amended
the motion, to take into consideration the recommendations of
staff, that the language be drafted to allow the individual
property owners to request consideration before the Planning
Commission, and let the Commission decide whether or not the
request merits formal consideration. Second by Councilmember
Zane. The motion was unanimously approved.
Councilmember Zane moved (p. 341) under Section
capitalize "Specific Plan" in line 3. Second by
Tempore H. Katz. The motion was unanimously approved.
9121. 17
Mayor
to
Pro
For Subchapter 10K, Hearing Procedures, councilmember Zane moved
(p. 349) under subsection 9131.5(a) that the language regarding
the hearing notification radius be made consistent with prior
motions. Second by Mayor Pro Tempore H. Katz. The motion was
unanimously approved.
For Subchapter 10L, Appeals, Councilmember Zane moved that the
policy of the City should be that any Planning commissioner or
Councilmember may appeal to the Council. Upon determination that
this provision is included in the Draft, the motion was
withdrawn.
For Subchapter 10M, Enforcement, Councilmember Reed moved (p.
357) that the prior authorization of the City Council and the
intent thereto to include citation authority for the Zoning
Administrator be appropriately incorporated into Section 9150.5.
Second by Mayor Pro Tempore H. Katz. The motion was unanimously
approved.
This concluded direction on changes on a page-by-page basis; the
following directions are to sections throughout the document.
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Councilmember Reed moved (p. 295) , regarding subsection
9080.4(c), to direct staff to gather information and advise
Council who will be put out of business in five years on vehicle
storage lots and vehicle sales lots. Second by Mayor Pro Tempore
H. Katz. Discussion was held. The motion was unanimously
approved.
Councilmember Reed moved (p. 160) to add "hedges" into the
language of Section 9040.8, thereby reading, "Any fence, wall,
hedge, or flagpole shall comply "Second by Mayor Pro
Tempore H. Katz. Discussion was held. With the consent of the
second, the maker amended the motion to include authorization to
include an appropriate definition for hedges, and clarifying that
this does not include trees, but linear, densely planted hedges
acting as fences. The motion was unanimously approved.
Councilmember Zane moved in the C3C Zone (the Downtown Core
District) to adopt a policy of counting residential at 50 percent
of its FAR on all parcels in that zone, to encourage housing in
the mixed-use projects in the Downtown Zone. Second by
Councilmember Finkel. Discussion was held. with no objection
from the second, the maker included in the motion Mayor Pro
Tempore H. Katz's suggestion that staff be directed to evaluate
whether any modifications in parking standards should be required
as a consequence of this action. Councilmember Reed moved an
amendment to restrict the housing provision to above the second
floor. The motion died for lack of a second. Councilmember A.
Katz moved an amendment to limit residential uses to the second
floor and above. Upon advisement that this requirement is
already included, the motion was withdrawn. The motion was
approved, Councilmember Reed opposed.
Councilmember Finkel moved to direct staff to explore ways and
means of encouraging affordable housing in the C3C Zone and make
appropriate recommendations to Council. Second by Councilmember
Zane. The motion was unanimously approved.
Referencing city Attorney Memorandum Opinion Number 88-2, dated
March 8, 1988, which states that in the opinion of the city
Attorney's office, pursuant to current state law (Section 65852.2
of the Government Code), the prohibition of second units within
single-family residential zoned areas is unlawful, Councilmember
Finkel moved (p. 41) under subsection 9010.5(b) to instruct staff
to come back with recommendations for substitute language which
would come as close as possible to conforming to the spirit and
purpose which Council sought to achieve, and at the same time,
doing it in a fashion which is legal. Second by councilmember A.
Katz. The maker modified the motion to incorporate councilmember
A. Katz's suggestion that this not be limited to modifications to
this section but may be made a performance standard that affects
several sections. Discussion was held. Councilmember Jennings
moved a substitute motion to direct staff to prepare the
necessary findings, as best they can, to support the exclusion of
second dwelling units in the Rl areas, and to bring those
findings to Council for inclusion in the Zoning Ordinance when it
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is considered in July. Second by Mayor Pro Tempore H. Katz. The
motion was unanimously approved.
Referencing city Attorney Memorandum of Opinion Number 87-54,
dated December 31, 1987, regarding proposed Zoning Ordinance
provisions regulating child care, Councilmember Finkel moved that
all sections of the proposed ordinance referred to in the City
Attorney I s analysis (p. 4 of the Opinion) be amended so as to
bring them into conformity to the proposed language and the
proposed changes set forth in the Opinion (thereby conforming to
state law). Second by Councilmember A. Katz. councilmember A.
Katz clarified that in a number of sections, the city Attorney
noted that the section as it currently exists is not inconsistent
with state law, and in those cases, no change would be made.
councilmember A. Katz moved an amendment to strike from the main
motion references to subsections 9050.3(c) and 9050.3(d). Second
by Mayor Pro Tempore H. Katz. During discussion, the maker and
second modified the motion to adopt the proposals made in the
city Attorney Opinion, except to the extent that Council
directions to staff that have been voted on since the Opinion was
written are contrary to the Opinion, the subsequent directions to
staff govern. The motion was approved, Councilmember Finkel
opposed.
Councilmember Finkel requested that the record reflect the reason
for his no vote is that the effect of this may well be to make it
impossible or impracticable for us to have the very child care
centers and facil i ties that we want to have because of the
economic considerations, and he does not think that overriding
factor is outweighed by the concerns expressed about noise, and
he believes it is self-defeating.
Councilmember Reed moved an amendment (referencing p. B of the
city Attorney Opinion) to have the same minimum notice provisions
that are required of home occupation permits, thereby adopting
Option (3) outlined under section 9050.3(m) of the opinion, with
notice provision within a 100 foot radius, with performance
standards. Second by Mayor Pro Tempore H. Katz. The motion was
approved, Councilmembers Finkel and Zane opposed.
Councilmember Finkel requested that the record reflect the reason
for his no vote is that this motion, just as the past motion, is
designed to try to cut the guts out from under the very set of
regulations which were created to make it possible to have child
care centers. The effect of this motion will be to inflame I
neighors to make protests, to stir up the argument and debate,
and that is going operate counter to the goal Council is trying
to achieve.
Councilmember A. Katz moved an amendment under section 9050.3(d),
as amended previously, that "solid wall" be changed to "solid
fence. .. Second by Councilmember Finkel. The motion was
unanimously approved.
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Councilmember Jennings moved an amendment (p. 256 of the Draft
Zoning Ordinance) under subsection 9055.3(b) to leave the
language as adopted by Council in the page-by-page direction on
outdoor play areas and fences and walls. The motion was
withdrawn when it was determined this direction was not
necessary.
Councilmember Jennings moved an amendment to delete the reference
in the City Attorney Opinion to on-site parking for child day
care centers. Second by Mayor Pro Tempore H. Katz. The motion
was unanimously approved.
Councilrnember Zane moved an amendment (p. 9 of city Attorney
Opinion and pp. 256-257 of the Draft referring to subsection
9055.3(b)) to add a section on outdoor play areas, adjust the
numbering, and make the section consistent with what Council has
adopted for Large Family Day Care Homes. The motion was
withdrawn when it was determined this direction was not
necessary.
Councilmember A. Katz moved an amendment to forbid having more
than one facility within 1,000 linear feet, as opposed to a 1,000
foot radius (subsection 9050.3(1)). Second by Councilmember
Finkel. Discussion was held. The motion was approved,
Councilmember Reed opposed.
The main motion on the child care policy, as amended, was
approved, Councilmember Reed opposed.
Councilmember Reed requested that the record reflect that she did
not agree with the Memorandum of the City Attorney in certain
specific instances, and wasn't given an opportunity to completely
review it against each section of the Zoning Code.
Councilmember Reed moved to put Fifth street back into the
Downtown Core (C3C) for the same height and FAR standards, noting
that, based on council's prior action, the site review portion
will not be taking effect immediately. Second by Mayor Pro
Tempore H. Katz. The motion was approved, councilmember Finkel
opposed.
Councilmember Finkel requested that the record reflect his no
vote is based on the fact that he believes that Fifth Street is
the present savior of Fourth street.
Regarding the interim and proposed R-l zoning ordinances,
Councilmember Reed moved to reword the requirement for Front Yard
Setback (Section 2(e) of Ordinance No. 1424(CCS) sec.2(e) and
subsection 9010.6 (e) of the Draft) to read, "...25 percent of
'allowable building width' must be set back an additional five
feet. f1 Second by Councilmember A. Katz. Discussion was held.
The motion was amended to direct staff to look at the three
points raised in the April 19, 1988, letter from Koning,
Eizenberg (those on allowable building width, side yard formula,
and the existing tradeoffs to side yards in the rear two-thirds
of the lot to allow for greater flexibility for plantings and to
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save existing trees) and return with staff recommendations.
Second by Mayor Pro Tempore H. Katz. The motion was unanimously
approved.
Mayor Pro Tempore H. Katz moved to treat the 'A' lots in the same
manner as the I R' lots (Council direction on April 19, 1988),
with the exception of intensity, allowing the intensity to
increase by some number, to allow remodeling at approximately 25
to 30 percent (without losing the 'A' lot), with staff to return
with recommendations regarding intensity. Second by
Councilmember A. Katz. During discusion, the maker clarified the
intent of the motion to be to allow 'A' lots to stay, in
perpetuity, if the use does not change 1 if there is development
in some form, either a partial or total rebuild, the 'A' lot
would be lost and all parking would have to be provided on-site.
with no objection from the second, the maker amended the motion
to allow expansion by subterranean parking in the 'A' lot, with a
landscaped surface, allowing ingress and egress only on the
existing commercial property. It was further clarified that the
'A I lot is not to be counted as part of the parcel for the
purpose of calculating the FAR. Discussion was held.
Councilmember Jennings moved a substitute motion to direct staff
to incorporate appropriate requirements or incentives, whichever
works best, for underground parking for the 'A' lots upon
redevelopment, substantial remodel, or expansion of the adjacent
commercial property, with the surface of the I A' lots being
appropriately landscaped as open space, with the entrance and
egress to the parking solely through the commercially zoned lot,
and with the 'A' lot not being used for the purposes of
calculating the FAR. Second by councilmember Reed. During
discussion, the motion was amended to replace "substantial
remodelll with "50 percent remodel." The motion, as amended, was
unanimously approved.
The main motion, to approve the Draft Zoning Ordinance, as
amended by Council actions on March 5, March 8, April 5, April
19, and May 3, 1988, was approved by the following vote:
Council vote: Unanimously approved 7-0
ADJOURNMENT: At 11:30 p.m., the meeting
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Donna R. Betancourt
Acting City Clerk
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