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M-4/5/1988 234 CITY OF SANTA MONICA CITY COUNCIL MINUTES APRIL 5, 1988 A special meeting of the Santa Monica city Council was called to order by Mayor Conn at 6:24 p.m., on Tuesday, April 5, 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 Assistant City Attorney Joseph Lawrence Deputy City Attorney Laurie Lieberman Acting City Clerk Donna R. Betancourt Item 2 was considered prior to Item 1. 2. SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT: Presented was the request of Councilmember Reed to discuss support for SB 2285 regarding the South Coast Air Quality Management District. Councilmember Reed opened discussion and moved to support SB 2285 and direct staff to immediately communicate that support to Senator Presley and to the committees that will be hearing the bill. Second by councilmember Finkel. The motion was unanimously approved. 1. DRAFT ZONING ORDINANCE: Presented was the matter of council direction to staff on the Draft Zoning Ordinance. Mayor Conn reminded Council that there is a motion on the floor to direct staff, with the following changes (in addition to those made at the Council meetings of March 5 and March 8, 1988), to come back with a zoning ordinance. (All page references are to the Fourth Draft of the Santa Monica Zoning Ordinance, dated November 1987.) Councilmember Reed moved (p. 48) to direct staff to include language in all the multiple zone residential sections to reference the density bonus for low- and moderate-income units as provided for in the state law. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. Councilmember Zane moved (p. 51) to not exempt the construction of single-family homes in mUltiple-family districts from Architectural Review Board review. Second by Councilmember 1 April 5, 1988 235 Finkel. Discussion was held. councilmember Jennings opposed. Regarding Maximum Unit Density, Councilmember Reed moved (p. 55) to direct staff to include appropriate language to indicate that the standard applies only for parcels with existing dwelling units on them, and shall not be applied to vacant parcels of less than 4,000 square feet. Second by Mayor Pro Tempore H. Katz. During discussion, it was clarified that only existing single-family residences would be allowed on parcels of less than 4,000 square feet; vacant parcels of less than 4,000 square feet would have to stay vacant. The motion was unanimously approved. The motion was approved, Regarding conversion of residential units in R4 areas to hotel use, particularly in the area between Fourth Court and First Court, between Wilshire and Montana, Councilmember Zane moved (p. 56) to direct staff to evaluate that area for the problems associated with the conversion of existing residential units to transient occupancy uses such as hotels and to report to Council on the prevalency of the problem in that district. Second by Councilmember A. Katz. During discussion, the motion was clarified as direction to staff to evaluate the extent to which the problem exists in this area and bring back some options as to how best to preclude this type of conversion. The motion was unanimously approved. Regarding municipal and off-site parking structures in conjunction with hotel development in the R4 zone, Councilmember Zane moved (p. 58) to delete subsection (f) under section 9014.4 from the Zoning Code and ask staff to present the matter to Council as a separate discussion item between now and the adoption of the Zoning Code for a separate review. Second by Councilmember Finkel. Discussion was held. The motion was unanimously approved. Councilmember Zane moved to direct staff to revise the text of the Purpose section for all the commercial districts to reflect the actions that Council has taken. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. Councilmember Reed moved that throughout the document uses should be alphabetized by principal name rather than by adjective. The motion was duly seconded and unanimously approved. Councilmember Zane moved that for all commercial zones, the site review threshold be based upon a two lot standard, rounding down to the nearest thousand square feet. Second by Councilmember Finkel. Discussion was held. The motion was approved, Councilmembers Jennings and Reed opposed. Mayor Pro Tempore H. Katz moved that wherever mezzanine or 1/3 percent of the first floor relating to mezzanine is mentioned, it conform to the latest adopted edition of the Uniform Building Code. Second by Councilmember Reed. The motion was unanimously approved. 2 April 5, 1988 I 236 For the C3 Downtown Commercial District, Councilmember Zane moved (p. 81) to make convention and conference facilities permitted by conditional use permit. Second by Mayor Pro Tempore H. Katz. The maker and second amended the motion to direct staff to bring back an appropriate definition for 'small-scale' facilities with respect to conferences. The motion was unanimously approved. For the C3-C Downtown Overlay District, Councilmember Reed moved (p. a7) to add as a permitted use art studios above the first floor. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. Councilmember Reed moved (p. aa) to restore and define cultural facilities as a permitted use. Second by Councilmember A. Katz. The motion was unanimously approved. Councilmember Reed moved conference facilities as a by Mayor Pro Tempore H. approved. Councilmember Reed moved (p. 90) to put nightclubs under the conditionally permitted use section. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. (89) to restore convention and conditionally permitted use. Second Katz. The motion was unanimously Mayor Pro Tempore H. Katz moved (p. 90) to add drive-in and drive-through restaurants under prohibited uses. Second by Councilmember A. Katz. The motion was unanimously approved. For the C4 Highway Commercial District, Councilmember Reed moved (p. 9~) to add as a permitted use art studies above the first floor. Second by councilmember Finkel. The motion was unanimously approved. Councilmember Reed moved (p. 92) that automobile new automobiles be in the permitted use section the subject to performance standards section). held. The motion failed for lack of a second. dealerships for (moving it from Discussion was For C4 Highway commercial District, Councilmember Zane moved (p. 92) that restaurants be added to the conditional use permit category. During discussion, the motion was amended to put restaurants with 50 seats or less under permitted use, and restaurants with more than 50 seats under conditionally permitted uses. Second by Councilmember Reed. The motion was unanimously approved. Councilmember Jennings moved (p. 95) to move service stations from conditionally permitted uses to uses subject to performance standards. Second by Councilmember Reed. Discussion was held. The motion was unanimously approved. Councilmember Reed moved (p. 94) that automobile parking lots and garages be placed in the performance standards section. Second by Mayor Pro Tempore H. Katz. Discussion was held. Councilmember Jennings moved a substitute motion to create a new 3 April 5, 1988 237 category under section 9020.3 for automobile storage lots and leave the other kinds of parking lots and garages as conditionally permitted uses. with no objection from the second, the maker accepted this as a substitute to the main motion. Discussion was held. The motion failed. During discussion, it was clarified that Councilmember Zane IS earl ier motion regarding the two lot standard as the threshold for requiring a site review supersedes the motion passed on March 8, 1988 for the C4 zone (pp. 19-20 of the minutes for that date) and provides a standard formula for all commercial zones. For the C5 Special Office commercial District, Councilmember Reed moved (p. 101) to include service stations as uses subject to performance standards and delete them from the conditionally permitted use section. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. Councilmember Reed moved (p. 102) to permit no more than 25 percent of the total square footage of a development to contain the uses called out as incidental businesses in subsection (c) of Section 9021. 4. Second by Mayor Pro Tempore H. Katz. During discussion, the maker and second amended the motion to include adding I reproduction r to subsection (c) (4), and adding a new subsection to include · retail serving businesses. I The motion was approved, Councilmember A. Katz opposed. councilmember Reed moved (p. 103) to add to the prohibited uses, drive-in and drive-through restaurants. The motion was duly seconded and unanimously approved. For the C6 Boulevard Commercial District, Councilmember Reed moved (p. 106) to add art studios above the ground floor as a permitted use. Second by Councilmember Finkel. The motion was unanimously approved. Councilmember Zane moved (p. 106) to restore cultural facilities as a permitted use. Second by Councilmember A. Katz. The motion was unanimOUSly approved. Regarding the categories that have been deleted under permitted uses on pp. 106-107 and are to be reincluded by reference to some general category of retail, Councilmember Zane moved that when staff makes such a category in the definitions, they should include these uses within that category's definition. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. councilmember Reed moved (p. 108) to allow existing automobile dealerships to have small renovations (less than 50 percent expansion or replacement of existing square footage) under performance standards permits (over 50 percent would stay under conditionally permitted uses). The motion failed for lack of a second. Mayor Pro Tempore H. Katz moved the same motion, substituting 25 percent for 50 percent expansion. Second by Councilmember Reed. Discussion was held. Councilmember Zane moved a substitute motion to direct staff to evaluate and advise 4 April 5, 1988 I ':'';>0 council if there is a renovation expansion threshold beneath which a CUP is not necessary because there is no significant additional incursions created by the project. Mayor Pro Tempore H. Katz withdrew his motion and seconded Councilmember Zane's. The motion was unanimously approved. Councilmember A. Katz moved (p. 108) that replacement or renovation of existing new and used automobile dealerships or lots be eliminated from the conditionally permitted uses and moved to performance standards. Second by Councilmember Reed. Discussion was held. With no objection from the second, the maker of the motion incorporated councilmember Finkel's suggestion that staff define 'renovation' and 'replacement.' councilmember Zane moved a substitute motion to refer this to staff along with the expansion issue (the prior motion). Councilmember A. Katz accepted the substitute motion. The motion was unanimously approved. Mayor Pro Tempore H. Katz requested that staff also provide a definition of 'expansion.' Under Councilmember Main street Special Commercial District, councilmember Reed moved (p. 114) to include art studios above the first floor as a permi tted use. Second by Councilmember Finkel. The motion was unanimously approved. Councilmember Reed moved (p. 114) that line (b) (13) be adjusted to indicate 'Ice cream stores (retail ice cream only, incidental seating allowed)' with staff to define that better. At the suggestion of Mayor Pro Tempore H. Katz, the maker amended the motion to read ' Ice cream/yogurt/frozen desserts.' Second by Mayor Pro Tempore H. Katz. During discussion, the second was withdrawn. Mayor Pro Tempore H. Katz moved to put 'Ice cream/yogurt/frozen dessert stores' in line (b)(13). Second by Councilmember Finkel. The motion was unanimously approved. During discussion, it was clarified that the previous motion did not address seatinq. Mayor Pro Tempore H. Katz moved that line (b) (13) read 'retail ice cream only, no seating.' Second by Councilmember Finkel. Upon further discussion, it was determined that Mayor Pro Tempore H. Katz's motion that was voted on was to add yogurt and frozen desserts to line (b) (13), and did not address the seating requirement. Therefore I the second motion was unnecessary and was withdrawn. councilmember A. Katz moved (p. 116) to delete line (1) under section 9023.5 and refer to the Main Street committee along with incidental seating for ice cream parlors. The motion was restated as instruction to staff to seek input from those concerned with Main Street and discuss this item and the possibility of incidental seating for frozen dessert establishments. The motion failed for lack of a second. Discussion was held. Councilmember A. Katz moved to ask staff to refer to organized groups focused on Main Street for their recommendations concerning changes to the maximum floor area ratio. Second by Mayor Pro Tempore H. Katz. The maker and second incorporated into the motion Councilmember Zane' s suggestion that a recommendation the groups be asked to discuss 5 April 5, 1988 241 Mayor Pro Tempore H. Katz moved (p. 140) to delete 'wholesale' from subsection (h) and define 'warehouse. ' Second by Councilmember A. Katz. The motion was unanimously approved. Under the PL Pub 1 ic Lands District, M~yor Pro Tempore H. Katz moved (po 147) to direct staff to check the 1,500 pound capacity provision included in subsection (b) under Section 9032.3. Second by Counci1member Finkel. The motion was unanimously approved. Under the same sUbsection, Councilmember Reed moved to reduce the time period to 24 hours. Second by Councilmember Jennings. Mayor Pro Tempore H. Katz moved a substitute motion to change the provision to 24 hours except weekends. Second by CouncilmeJI1ber Finkel. During discussion, the maker and second wi thdrew the substitute motion. The main motion was approved I Councilmember Finkel opposed. Mayor Pro Tempore H. Katz noted (p. 148) tha subsection (a) of Section 9032.5 also contains the 1,500 pound capacity referred to in the prior motion. For the N Neighborhood Commercial overlay District, councilmember Reed moved (p. 153) to add art studios above the first floor as a permitted use. second by Councilmember Finkel. The motion was unanimously approved. Counci1member Reed moved (p. 154) to reverse the order of sUbsections (q) and (r). Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. moved to by Mayor direct Conn. staff to define The motion was M?yor Pro Tempore H. Ka tz 'specialty retail.' Second unanimously approved. Under project Design and Development Standards, Councilmember Reed moved (p. 156) under subsection (a) of Section 9040.3 to delete the second sentence. Second by councilmember Zane. Mayor Pro Tempore H. Katz moved a substitute motion to direct staff to look at the County and city of Los Angeles for their definition of average natural grade. The substitute motion died for lack of a second. The main motion was unanimously approved. I -" Councilmember Jennings moved (p. 157) under subsection (3) (d) to strike the word 'not.' The motion was duly seconded and unanimously approved. Mayor ~ro Tempore H. Katz moved (p. 158) to allow landscaping and I to redefine the build-to-line so it doesn't mean build to, it means an averaging with a minimum amount of landscaping of 5 feet. Second by Councilmember Finkel. The motion was unanimously approved. Mayor Pro Tempore H. Katz, with the concurrence of council, gave further direction to staff that in Section 9040.5, line 5 should read "... shall extend to the front. . . . ,. 8 April 5, 1988 I 242 Counci1member Jennings moved (p. 158) to insert 'or' in line 3 so that it reads .....above 2 stores or 30 feet...... Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. Mayor Pro Tempore H. Katz moved (p. 160) to amend subsection (a) to provide for an eight foot wall for public right-of-ways, including alleys. Second by councilmember Reed. The motion was unanimously approved. Councilmember Reed moved (p. 160) to amend subsection (c) to read "Fence or wall height shall be measured from the existing grade on the lowest side of the fence or wall, excepting that when the wall is between residential and other higher uses, such as commercial or manufacturing, the height shall be measured from the residential side of the wall..." During discussion, the motion was amended to change 'residential side' to highest side.' Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. Councilmember Reed moved (p. 160) in Section 9040.9 that one-story accessory buildings shall be 14 feet. Staff advised their understanding is 10 foot with a flat roof, 14 feet with a pitched roof. The maker amended the motion to so reflect, with direction to staff to advise Council if an RV (recreational vehicle) does not fit within the 10 foot constaints. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. Mayor Pro Tempore H. Katz moved to direct staff to clarify where covered parking is required to be a garage and where it is required to be a carport. Second by councilmember A. Katz. The motion was unanimously approved. Counci1member A. Katz moved (p. 161) under subsection (a) of Section 9040.9 to delete 'along the entire street side of a corner parcel.' Second by councilmember Zane. The motion was unanimously approved. Councilmember Reed moved (p. 161) under subsection (b) to change '4 feet' to '5 feet.' Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. Counci1member Reed moved (p. 162) that the standard in section 9040.10 be changed to 14 feet. Second by Councilmember Zane. The motion was unanimously approved. (This change should also be reflected in subsection (c) of this Section.) Councilmember Reed moved (p. 163) that Section 9040.11 be moved to immediately follow section 9040.8. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. Mayor Pro Tempore H. Katz moved (p. 163) under Hazardous Visual Obstructions to reference that there is an ordinance in effect on this (Ordinance No. 1171(CCS)) and to incorporate that ordinance into the Zoning Ordinance so that it can be enforced. The motion was duly seconded and approved, Councilmember Finkel abstaining. 9 April 5, 1988 243 Councilmember A. Katz moved (pp. 163-164) under section 9040.13 to direct staff to develop a maximum height for the screening. Second by Mayor Pro Tempore H. Katz. The maker accepted Mayor Pro Tempore H. Katz I s amendment to coordinate this with the existing screening ordinance (Ordinance No. 1105(CCS)). The motion was unanimously approved. Councilmember A. Katz moved (p. 164) under Section 9040.14 to delete the word 'solid.' Second by Councilmember Jennings. The motion was unanimously approved. Councilmember A. Katz moved (p. 164) under section 9040.15 to direct staff to develop a standard for the minimum number of refuse cans for mini-malls. During discussion, the motion was modified to require that the Department of General Services I guidelines specifically address the number of garbage cans per store or frontage in mini-malls. Second by Councilmember Reed. The motion was unanimously approved. Councilmember Zane moved (p. 164) under section 9040.15 to direct staff to bring back to Council language which reflects the discussion in the 3rd street Mall Specific Plan allowing for the consolidation of trash into regional receptacles on a block-by-block basis. Second by Mayor Pro Tempore H. Katz. Discussion was held. The motion was unanimously approved. Councilmember Reed moved (p. 166) under the third set of projections in the chart that n...canopy and that are raised...1I be changed to It... canopy and that may be raised..." Second by Councilmember A. Katz. The motion was unanimously approved. Oiscussion was held regarding section 9040.17 (p. 165). Counci1member Jennings moved to modify the language to provide that the unexcavated area is along both side property lines, not just one of them, so that both residential sides are protected. The motion failed for lack of a second. Councilmember Reed moved (p. 167) under the last projection in the chart under Section 9040.18 to require that all mechanical equipment (air conditioning and spa/swimming pool) be enclosed for the purpose of sound-proofing. Second by Mayor Pro Tempore H. Katz. During discussion, with the concurrence of the second, the maker adjusted the language of the motion to state the equipment must be enclosed in such a manner and be located in such a way that there is a minimum sound impact on the adjacent neighbors. The motion was unanimously approved. Counoilmember Reed moved (p. 172) under Section 9040.27 that staff be directed to bring the outdoor lighting standards into conformance with the Building Code. Second by Mayor Pro Tempore H. Katz. The motion was approved. Councilmember Zane moved (p. 173) to direct staff to revise Section 9040.31 to eliminate unnecessary uses of bells, gongs, etc., even when below the 45 decibel standard. Second by Councilmember Reed. The motion was restated that the language 10 April 5, 1988 I I 244 should permit such uses only where it is demonstated that alternative technology cannot provide the same function without the noise, and the burden is on the developers to provide the evidence that they cannot conform. The motion failed. Councilmember Reed moved (p. 175) to add a section regarding the need for increasing the front-yard setbacks on the walk-streets in the community, the setbacks be 25 feet measured from the edges of the sidewalks, with the street names included in the section (Copeland Court, Arcadia Terrace, and Seaview Terrace). Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. Councilmember Jennings moved (p. 175) under Section 9040.35 to change the second line from I... only that parcel zoned...' to , . . . only that portion zoned...' Second by Mayor Conn. The motion was unanimously approved. For Landscaping Standards, Councilmember Reed moved (p. 176) under Section 9041. 2 to delete "Except" from line 9, thereby including R1A parcels in ARB review. Second by Mayor Pro Tempore H. Katz. Discussion was held. The motion was unanimously approved. Mayor Pro Tempore H. Katz moved (p. 177) that subsection (b) of Section 9041.6 be modified to include setbacks of 5 foot, with averaging of 10 foot. Second by Councilmember Reed. The motion was unanimously approved. Councilmember A. Katz moved (p. 177) that subsection (c) be changed to read 10 feet rather than 15 feet. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. Mayor Pro Tempore H. Katz moved (p. 177) under subsection (a) of Section 9041. 7 that berming be included up to approximately 3 feet wherever it abuts a public right-Of-way. Second by Councilmember Finkel. During discussion, the motion was clarified to apply to surface parking lots throughout the city. The motion was unanimously approved. Mayor Pro Tempore H. Katz moved to include water conservation language in the landscaping plan. Second by Councilmember A. Katz. The motion was unanimously approved. Discussion was held. Councilmember Zane moved to direct the City Attorney to draft an Interim Zoning Ordinance, which shall provide that the standards adopted by the Council in its revision of the Zoning Code, shall apply to all projects for which applications are not substantially complete prior to April 15, 1988. In those cases where the Council directed staff to review a range of heights and FARs, the lowest standard under review shall apply. proj ects deemed Substantially complete prior to April 15 shall be processed under the standards and procedures in effect as of this date, April 5, 1988. The City shall be free to approve or deny such projects in the same manner in which it does so now, as of this date, AprilS, 1988. Projects which are 11 April 5, 1988 245 denied under those standards and procedures shall, if an application is resubmitted, be processed under the proposed Interim Zoning Code. Second by Councilmember Finkel. Discussion was held. Councilmember Reed moved that Mr. zane's motion be tabled and be removed from the table upon completion of the voting on the Draft Ordinance. Second by Councilmember Jennings. The motion failed. Discussion was held. councilmember A. Katz moved a substitute motion to direct staff to draft an Interim Ordinance dealing with FARs and heights, to take effect on April 15, 1988, and bring back to Council as soon as possible. In addition, the ordinance should provide all the safeguards vis-a-vis hardship exemptions, etc., that were included in the Ocean Park downzoning. The maker and second of the main motion accepted this as a friendly amendment to the main motion. Councilmember A. Katz moved an amendment to use a mid-range of FARS and heights to be studied rather than the lowest range. Second by Councilmember Reed. Discussion was held. councilmember Finkel moved a substitute motion to move forward with the motion in its form at the lower levels of development. Upon determination that this is included in the main motion, Mr. Finkel withdrew his motion. During discussion, with concurrence of the second, the maker revised the main motion to read IIdeemed complete," replacing "substantially complete." The maker and second accepted as the intent of the main motion staff1s understanding that Ordinance No. 1321(CCS) will be amended to include the FARs and the district boundaries as reflected in council actions as of March 8, using FARs in the Fourth Draft of the Zoning Ordinance as written unless amended on March 8. The amendment failed by the following vote: Council vote: Affirmative: Councilmembers Jennings, A. Katz, Reed Negative: Councilmembers Finkel, H. Katz, Zane Mayor Conn Oiscussion was held. Councilmember Finkel moved to extend the meeting to 11:30 p.m. Second by Mayor Pro Tempore H. Katz. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Finkel, A. Katz, H. Katz, Zane, Mayor Conn Negative: Councilmembers Jennings and Reed Oiscussion was held. Mayor Pro Tempore H. Katz moved an amendment to the main motion to use April 29, 1988, as the date certain for the Interim Ordinance. Second by Councilmember Reed. Oiscussion was held. The amendment was approved by the following vote: Council vote: Affirmative: councilmembers Jennings, A. Katz, H. Katz, Reed 12 April 5, 1988 I I 246 Negative: Councilmembers Finkel, Zane, Mayor Conn The main motion, as amended, was approved by the following vote: Council vote: Unanimously approved 7-0 ADJOURNMENT: At 11:17 p.m., the meeting was adjourned to 6:00 P.M. on Tuesday, April 19, 1988. ATTEST~ ~ ( _I"' J -:D Ir':-c~{)V4r--~-~ Donna~ancourt Acting City Clerk 13 April 5, 1988