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M-4/19/1988 I 258 CITY OF SANTA MONICA CITY COUNCIL MINUTES APRIL 19, 1988 A meeting of the Santa Monica City Council was called to order by Mayor Conn at 6:27 p.m., on Tuesday, April 19, 1988, in the Council Chambers, having been continued from April 5 and April 12, 1988. Roll Call: Present: Mayor James P. Conn Mayor Pro Tempore Herbert Katz Councilmember David B. Finkel Counci1member william H. Jennings Councilmember Alan S. Katz Councilmember Christine E. Reed Councilmember Dennis Zane Also Present: city Manager John Jalili Assistant City Attorney Joseph Lawrence Deputy City Attorney Laurie Lieberman Acting City Clerk Donna R. Betancourt Mayor Pro Tempore H. Katz moved to reverse the order of the agenda. Second by Councilmember Reed. The motion was unanimously approved. 3 . WITHDRAWAL OF RENT CONTROLLED UNITS: Presented was the request of Councilmember Finkel to discuss opposing sa 1784 regarding withdrawal of rent controlled units from the rental market. Counci1member Finkel opened discussion and moved that council go on record as being opposed to Senate Bill 1784 and to instruct the Mayor to write a letter to the members of the appropriate Committee, voicing Council's opposition to the bill. Second by Councilmember Zane. The motion was unanimously approved. 2. MINUTES APPROVAL: The City Council minutes of March 5 and March 8, 1988, were presented for approval, continued from April 12, 1988. Counci1member Zane moved to approve the minutes, incorporating the revisions as provided by the addendums of the City Clerk, adding that on p. 18 of the minutes for March 8, and in all other references to "the Mall, tI the minutes should be changed to read the "Third street Mall Specific Plan Zone. tI Discussion was held. Second by Councilmember Reed. The motion was unanimously approved. 1. DRAFT ZONING ORDINANCE: Presented was the matter of Council direction to staff regarding revisions to the Draft Zoning Ordinance, continued from April 5, 1988. [All page references are to the Fourth Draft of the Santa Monica Zoning Ordinance, dated November 1987]. 1 April 19, 1988 259 Regarding Subchapter 50, Parabolic Antenna Regulations, Mayor Conn moved (p. 183) to direct staff to rewrite this section to comply with the opinion written by the City Attorney in November 1987. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. Councilmember Jennings moved (p. 194) to direct staff to change "Family Day Care Homes" to "child Day Care centers. II Second by Councilmember Finkel. The motion was approved, Councilmember Reed opposed. Councilmember Zane moved (p. 202) to direct staff to develop language that would prohibit the practice of assigning parking spaces to individual uses within multi-use projects when the total parking requirement is based upon a shared-use concept. Second by Councilmember Reed. The maker accepted as friendly an amendment by Councilmember Reed to include in the motion allowing an exemption for handicapped spaces and car-pool spaces should they ever be designated. The motion was unanimously approved. Councilmember Reed moved (p. 204) to direct staff to add a section defining the parking access in the single-family zone as being from the alley when there are alleys, and that a variance opportuni ty exists for topographical reasons or other hardship cases, except for corner lots, which may use the non-front yard side of the property. Second by Mayor Pro Tempore H. Katz. Discussion was held. The motion was unanimously approved. Mayor Pro Tempore H. Katz moved (p. 205) to refer the matter of curb cuts to staff, and to hold the matter in abeyance until staff has had an opportunity to provide a recommendation. Second by councilmember Reed. Discussion was held. Councilmember A. Katz moved to amend the motion to include direction to staff to study the matter of alley egress. The amendment was accepted as friendly by the maker and second of the motion. Discussion was held. The motion was unanimously approved. Councilmember Zane moved (p. 205) to direct staff to study the provision of curb cuts at corner parcels where there are left-turn lanes, and make a recommendation as to whether they should be prohibited entirely, be regulated, or continue the current practice. Second by Councilmember Reed. Discussion was held. The motion was unanimously approved. Councilmember Reed moved (p. 206) under Section 9044.10 to add a sentence reading# "In all cases where mature street trees exist, I permission is granted to the appropriate administrative staff to reduce the driveway widths as necessary and practicable to save the mature street trees. II Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. Councilmember Jennings moved (pp. 207-208) to modify Section 9044.12 to include a provision for marking full-size parking spaces as well as compact parking spaces. Second by Mayor Pro Tempore H. Katz. The motion was approved by the following vote: 2 April 19, 1988 I 260 Council vote: Affirmative: Councilmembers Finkel, Jennings, H. Katz, Zane Negative: Councilmembers A. Katz, Reed, Mayor Conn Mayor Pro Tempore H. Katz moved (p. 208) under Section 9044.13 to direct staff to provide a definition of Bumper Guards. Second by Councilmember Reed. During discussion, the maker and second amended the motion to incorporate councilmember Finkel's suggestion to require bumper guards where cars abut walls or structures, and to direct the Parking and Traffic Engineer to study the matter of allowing them in open areas of parking lots or restricting them as a possible safety hazard to pedestrians. The motion was unanimously approved. Mayor Pro Tempore H. Katz moved (p. 209) to direct staff to amend section 9044.18 to limit the requirement to the commercial and industrial districts, not residential. Second by Councilmember Reed. Discussion was held. The motion was unanimously approved. Councilmember Zane moved (p. 211) under Section 9044.22 to direct the city Attorney and the Planning staff to evaluate the advisability and legal feasibility of a policy requiring that on-site parking in commercial use be made available to the general public in the hours in which the commercial property is not in active use. The motion was duly seconded. Mayor Conn moved a substitute motion to make the availability of the parking permissible, with the situation creating where it will happen. Second by Councilmember Zane. The maker of the substitute motion included Councilmember Zane's amendment to direct staff to evaluate the implications and advisability of doing it on a generalized basis, and establish general policies under which circumstances it is applied. During discussion, Councilmember Zane restated the motion as direction that the zoning code include language to allow the City to establish as a condition of a development permit the requirement that the developer's on-site parking be made available to the general public in the non-operating hours of the development, and in addition, staff will evaluate under what circumstances that can be made a generalized condition of development within the City and report back the advisability and the circumstances of such policy. The motion was approved, Councilmember Reed opposed. For Subchapter 5G, Project Mitigation Measures, Mayor Pro Tempore H. Katz moved (p. 216) to amend subsection 9046.2(b) to reduce the fee for the remainder of the net rentable square footage from $5.00 to $4.00 per square foot. Second by Councilmember Reed. Discussion was held. Councilmember A. Katz moved a substitute motion to direct staff to study all the development-related fees and to return to Council wi th a package for proposed modifications. Second by Councilmember Reed. During discussion, the motion was clarified to apply to in-lieu fees, not processing fees. The motion was approved, Councilmember Zane opposed. 3 April 19, 1988 261 Councilmember A. Katz moved (pp. 219-220) to instruct staff to establish a base period for the inflation factor cited in the first paragraph of p. 220 and for all other places in the document where it is cited. Second by Councilmember Reed. The motion was unanimously approved. Councilmember Reed moved (p. 224) to modify subsection 9048.1(a) (2) to allow the demolition of residential buildings and structures subject to an appropriate removal permit having been issued by the Rent Control Board and subject to an approved plan for fencing and maintenance of the property, and to delete the existing requirement for an approved replacement project. Second by Mayor Pro Tempore H. Katz. During discussion, with no objection from the second, the maker amended the motion to include that all requirements of the city be incorporated as recorded against the deed of the property. Councilmember Z ane moved a substitute motion to refer the proposal to staff for evaluation, especially in light of the Ellis Act legislation, and to confer in the evaluation with the Rent Control Board, and to provide council, if possible, with a means to establish whether this creates loopholes of vulnerability under the Ellis legislation. Second by Councilmember Finkel. Discussion was held. The motion was unanimously approved. For Subchapter SI, Demolitions, Counci1member Reed moved (p. 224) to modify subsection 9048.1(d) to delete "more than 50 years old" and substitute "built prior to 1930." Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. For Subchapter 6, Performance Standards, Councilmember A. Katz moved (p. 231) to modify subsection 9050.3(b) to strike the words "front or" (thereby reading "...shall not be located in required side yards"). Second by Councilmember Finkel. The motion was unanimously approved. Councilmember Reed moved (p. 231) to modify subsection 9050.3(C) to adjust the requirement for the solid wall so that a solid wall is not required in the front yard or on any side yard on a corner parcel, so that the solid walls are those between other parcels, usually residential, and the Child Care Center, but that they are allowed to have an open fence in the front yard and on the street-side yard. Second by Mayor Pro Tempore H. Katz. Discussion was held. The motion was unanimously approved. Upon advisement by city Attorney staff that the California Health and Safety Code does not govern outdoor play areas for child day care homes, Councilmember Reed moved (p. 231) to modify subsection 9050.3 (b) to delete the reference to the California Health and Safety Code. Second by Mayor Conn. During discussion, with the consent of the second, the maker modified the motion to delete the reference to the California Health and Safety Code, and to direct the City Att6rney to research whether there are applicable outdoor play area standards that can be referenced in this paragraph. The motion was unanimously approved. 4 April 19, 1988 .- I I 262 Mayor Pro Tempore H. Katz moved (p. 233) to modify subsection 9050.4(a) (1.) to change 10 percent to 50 percent. Second by Councilmember Reed. Discussion was held. Counci1member Zane moved a substitute motion to modify subsections 9050.4(a) (1) and 9050.4(a) (3) that a 20 percent expansion of the auto dealerships be the standard by which the requirement to meet other kinds of performance standards is triggered. The chair ruled that this has already been voted on, and the whole debate is moot unless there is a motion to reconsider from someone on the prevailing side (p. 26 of minutes of March 8, 1988, meeting). Councilmember A. Katz moved (p. 233) to modify section 9050.4 to include boat, trailer, and motorcycle delearships under performance standards. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. councilmember Reed moved (p. 235) to refer subsection 9050.4(f) to staff for clarification of the language regarding compliance with IIArtic1e VII of this Chapter.1I Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. Councilmember Reed moved (p. 235) to modify subsection 9050 . 4 (g) (3) to change II two months II to "one year. II Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. Councilmember Reed moved (p. 235) to modify subsection 9050.4(g) (4) to delete lion site" and replace with "on private property (on or off-site) II and to indicate that shared facilities are acceptable for the purpose of off-loading. Second by Mayor Pro Tempore H. Katz. Discuss ion was held. The motion was unanimously approved. Discussion was held. Mayor Pro Tempore H. Katz moved (p. 234) to reconsider the question of parking requirements for auto dealerships. Second by Councilmember A. Katz. The motion was unanimously approved. Mayor Pro Tempore H. Katz moved (p. 234) to direct staff to return to Council with a standard, or group of standards, for viable parking requirements for auto dealerships, comparing Santa Monica to other cities, and also addressing the possibility of an auto dealership without service facilities, as well as a dealership with a combination of service and display facilities. Second by Councilmember Zane. Discussion was held. The motion was unanimously approved. Councilmember Reed moved (p. 236) to modify subsection 9050.4(k) to change the time limit for development of a test driving plan from "two months" to "one year." Second by Mayor Pro Tempore H. Katz. Discusion was held. The motion was unanimously approved. Councilmember Reed moved 9050.4(n) (3) to change " . . . landscaping and noise Mayor Pro Tempore H. Katz. (p. 238) to modify subsection "orll to "and" (thereby reading, absorbing materials..."). Second by The motion was unanimously approved. 5 April 1.9, 1988 263 Councilmember Reed moved (p. 239) to modify subsection 9050.4(q) (2) to change "which" to "and" (thereby reading, ". . . located below grade and is dedicated... ") . Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. Councilmember A. Katz moved (p. 242) under Section 9050.7 to direct staff to develop a definition of and performance standards for congregate housing. Second by Councilmember Finkel. During discussion, with no objection from the second, the maker amended the motion to give staff flexibility to either develop a new section or incorporate changes into the existing section. The motion unanimously approved. Councilmember Reed moved (p. 243) to amend subsection 9050.8(c) to change "16 feetll to "14 feet.1I Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. Councilmember Reed moved (p. 244) to amend Section 9050.9 to replace "videoll with II game" throughout the section. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. Councilmember A. Katz moved (p. 246) to amend subsection 9050.9(p) to exempt "acts of nature" or "acts of the City" from the provisions for abandonment. The motion failed for lack of a second. Councilmember A. Katz moved the same motion, deleting "acts of the city.1I The motion failed for lack of a second. councilmember Reed moved (p. 252) to delete subsection 9050.12(h). Second by Mayor Pro Tempore H. Katz. Discussion was held. The motion was unanimously approved. For Subchapter 7, Special Conditions for Conditional Uses, Councilmember Reed moved (p. 256) to amend subsection 9055.3(b) to conform child Day Care Centers to the action taken earlier with respect to Family Day Care Centers, i.e., to allow an open wall in the front yard part of the parcel, and on the side-yard if on a corner lot, and to only require the solid fence or wall on property lines that abut other properties. Second by Mayor Pro Tempore H. Katz. Discussion was held. The motion was unanimously approved. Discussion was held. Councilmember Reed moved to put the 42" height in the front yard for this section of the code as was done for the earlier section (section 9050.3(c)). Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. councilmember Finkel moved (p. 256) a general motion that I addresses section 9055.3 as well as a number of other sections, each of which is subsumed by the city Attorney's Memorandum of opinion No. 87-54 dated December 31, 1987, on the subject of proposed zoning ordinance provisions regulating child care, that all matters relating to child care be addressed separately on the basis of a presentation by the city Attorney's office when council has finished its page by page reading of the Draft Zoning Ordinance. Second by councilmember Jennings. The motion was approved, Councilmember Reed opposed. 6 April 19, 1988 I 264 Councilmember Zane moved (p. 257) to direct staff to develop an options paper as to strategies to pursue to preserve and encourage service stations in the community. Second by Councilmember A. Katz. Councilmember Reed moved to amend the motion that the study also address the economics the gasoline stations are faced with in complying with the City's law that they remove their old tanks and put in double-lined tanks and how those economics come into play with the issue of attempting to preserve uses. Second by Mayor Pro Tempore H. Katz. The amendment was accepted as friendly by the maker and second and incorporated into the main motion. The chair clarified that this does not have to be completed by July 5, but rather can be addressed after the Zoning Code is adopted. The motion was unanimously approved. councilmember Finkel moved (p. 264) under Section 9055.5 to direct staff to generate proposed standards for Council to consider with respect to existing auto repair shops concerning screening or visual blockage of the work areas from pedestrian view, repair of vehicles on the public street, and other such operational conditions. Second by Councilmember Zane. Discussion was held. The motion was unanimously approved. Councilmember Finkel moved that in consideration of the prior motion, to direct staff to consider the relative benefits of creating standards and enforcing them by means of the zoning ordinance as contrasted with a separate ordinance which might be dealt with through the City Attorney's office in the form of a criminal proceeding, and make appropriate recommendations with respect to which device, or both, council should most appropriately use. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. councilmember A. Katz moved (p. 267) under subsection 9055.5(0) to direct staff to develop a general clause that would allow an exemption for abandonment when it is outside the control of the owner-operator. Second by Councilmember Finkel. Discussion was held. The motion was approved, Councilmembers Jennings and Reed opposed. Councilmember A. Katz moved (p. 276) under subsection 9055.9(b) to direct staff to clarify "accessible.1I Second by Councilmember Finkel. The motion was unanimously approved. Mayor Pro Tempore H. Katz moved 9055.10(a) that the last sentence state the intent of the provision. and unanimously approved. For Subchapter 8A, New Condominiums, Mayor Pro Tempore H. Katz moved (p. 284) that subsection 9060.4(e) should be amended to read "...the CC & Rs shall be subject to Planning Commission and City council review...1I Second by Councilmember Finkel. The motion was unanimously approved. (p. 278) under subsection be reworded to more clearly The motion was duly seconded 7 April 19, 1988 265 For Subchapter 8B, Condominium conversions, Councilmember Reed moved (p. 286) that subsection 9061.1(a) be qualified to indicate that the removal of residential units from the rental market has been approved by the Rent Board "where applicable." Second by Mayor Pro Tempore H. Katz. The maker amended the motion to incorporate Councilmember Finkel's suggestion to use the same language used in the context of demolitions, i.e., adding " . . . when required." Second by Mayor Pro Tempore H . Katz. The motion was unanimously approved. It was clarified by the chair that the provision of subsection 9061.1 (a) will read: "Removal of residential units from the rental market has been approved by the Rent Control Board through issuance of a certificate of exemption or removal permit, when required." For Subchapter 9, Nonconforming Buildings and uses, Councilmember Reed moved (p. 291) under subsection 9080.2(a) (2) to specify that the replacement cost is determined at the time of application, with staff to clarify the language as they deem necessary. Second by Mayor Pro Tempore H. Katz. With no objection from the second, the maker included in the motion that this should also be stated in subsection 9080.2(a) (4). The motion was unanimously approved. Mayor Pro Tempore H. Katz moved (p. 291) under subsection 9080.2(a) (1) to strike the first sentence or to make a reference to subsection 9080.2(a) (3) with regard to the provision that no structural alterations shall be made. Second by Councilmember Finkel. Discussion was held. The motion was approved, Councilmember Zane opposed. Councilmember Reed moved to direct staff to draft separate language to cover legal nonconforming residential buildings and to have standards that are different and less restrictive than the standards that are proposed for nonresidential buildings, and bring back the language for Council to review. The motion was clarified to cover standards for repairs and alterations. Second by Councilmember Jennings. The motion was unanimously approved. Councilmember Reed moved (p. 292) to amend subsection 9080.2(b) (2) to provide that additions not in excess of 15 percent of the existing square footage of the whole building need to provide parking for the new space only, but if adding more than 15 percent of the square footage to a nonconforming commercial or manufacturing (not residential) building, the parking must be brought up to the standard for all the square footage in the building, including in the motion the concept that I cumulative enlargements after the ordinance is adopted will come under this provision. Second by Mayor Pro Tempore H. Katz. During discussion, with the consent of the second, the maker amended the motion to change the 15 percent threshold to 25 percent. The motion was unanimously approved. councilmember Reed moved (p. 295) under subsection 9080.4(d) to grandfather in perpetuity for the specific use in business as of the date of ordinance adoption the surface parking lots on residentially zoned parcels, including that these lots shall be 8 April 19, 1988 I 266 appropriately screened, with a three-year time period for the screening and landscaping, and stating that in no case can the 'R I lots be used for anything other than surface parking, and that the use shall terminate the minute that the specific use leaves the commercial part of the property or that there is a redevelopment that changes the specific use, thereby tying these lots to either a new auto dealer, or a savings and loan, or a grocery store, depending on the specific use at each parcel that relies on these lots. Second by Mayor Pro Tempore H. Katz. The maker and second amended the motion to include Councilmember A. Katz's suggestion that the screening requirement be changed to require that plans must be submitted within one year and accomplished within three years. During discussion, Councilmember Zane clarified the intention of the maker on the following aspects of the motion: with respect to the same precise use, and no intensification, the use of the 'R' lot for parking be grandfathered in perpetuity; if there is a new use that is less intense in its parking demand than the existing use, the 'Rl lot would be lost (any change of use, up or down, immediately triggers loss of the lot); if the same use intensifies owing to some kind or rehab or addition and requires additional parking, that parking would have to found elsewhere, but the 'R ' lot would not lost. wi th no obj ection from the second, the maker amended the motion to include a 25 percent standard for expansion of the existing specific uses as long as the existing parking can support that expansion. The maker clarified the intent is for Council to vote on the policy outlined in the motion, and direct staff to draft the language in the proper way. Councilmember Zane moved a substitute motion that so long as the same precise use with no intensification continues, under those circumstances, grandfather the parking on the 'R' lot in perpetuity; if there is a new use, whether less intense or more intense, or if there is a redevelopment of the property, the lR' lots revert to residential use. The motion was duly seconded. Discussion was held. Councilmember A. Katz moved an amendment to strike the word "redevelopment" from the second clause in the substitute motion. Second by Mayor Pro Tempore H. Katz. The amendment failed by the following vote: Council vote: Affirmative: Councilmembers Jennings, A. Katz, H. Katz Negative: Councilmembers Finkel, Reed, Zane, Mayor Conn Councilmember Finkel requested that the record reflect that his no vote is for two reasons: No distinction is drawn between uses, which he thinks is crucial~ and what this motion is doing is encouraging the development of uses which are not neighborhood friendly. The substitute motion was unanimously approved. 9 April 19, 1988 267 Councilmember Reed moved (1) that direction be included in the rewriting that staff will be doing that the people who have the advantage of using the I R I lots have to file a plan for the landscaping and appropriate screening within one year and accomplish that wi thin three years from the adoption of this ordinance; and (2) to specify that up to 25 percent of the existing use square footage may be added for that same use as long as the parking to support the new square footage is already being provided or can be shown to be provided on their parcel. Second by Mayor Pro Tempore H. Katz. At the request of Councilmember Zane, the motion was divided into two parts. The motion as stated in part (1) was unanimously approved. As a restatement of part (2) of the motion, councilmember Reed moved that up to 25 percent of the existing square footage can be added to be used for the same use that is there now, as long as a showing can be made that the parking can be provided for the new square footage with the existing parking. Second by Mayor Pro Tempore H. Katz. Councilmember A. Katz moved an amendment to the motion to change the threshold to 50 percent if the parking is adequate for that expansion. Second by Mayor Pro Tempore H. Katz. The motion was approved by the following vote: council vote: Affirmative: Councilmembers Jennings, A. Katz, H. Katz, Mayor Conn Negative: Councilmembers Finkel, Reed, Zane The main motion, as amended, was approved by the following vote: Council vote: Affirmative: councilmembers Jennings, A. Katz, H. Katz, Reed, Mayor Conn Negative: councilmembers Finkel, Zane Councilmember Reed moved (p. 295) under subsection 9080.4(c) to direct staff to gather the information that goes to the question of 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. During discussion, the maker included in the motion direction to staff to include a discussion of what Council did vis-a-vis Broadway and how it relates to this. Council did not vote on this motion. Councilmember Jennings moved (p. 294) under Section 9080.4 to delete the residential zones from the termination of I nonconforming buildings and uses. Second by Mayor Pro Tempore H. Katz. At the suggestion of the city Manager, the motion was amended by the maker and second to give direction to staff to look into this problem. The motion was unanimously approved. ADJOURNMENT: At 11:19 p.m., the meeting was adjourned to 6:00 p.m. on Tuesday, April 26, 1988. (If there is inadequate time on this date to conclude instruction to staff on the zoning ordinance, the alternate date is May 3, 1988, at 6:00 p.m.). The 10 April 19, 1988 I 268 meeting was adj ourned in memory of Spencer Eastman and Alan Paton. ATTEST: /,,,,- " ~tj&4'c~~-~ DONNA R. BETANCOURT Acting City Clerk , I j f 11 April 19, 1988