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M-7/27/1988 367 CITY OF SANTA MONICA CITY COUNCIL MINUTES JULY 27, 1988 A meeting of the Santa Monica city Council was called to order by Mayor Conn at 6:30 p.m., on Wednesday, July 27, 1988, in the Council Chambers, having been adjourned from July 26, 1988. Roll Call: Present: Mayor James P. Conn Mayor Pro Tempore Herbert Katz councilmember David B. Finkel (arrived during Closed Session) councilmember William H. Jennings (arrived during Closed Session) 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 CLOSED SESSION: At 6:31 p.m., Council adjourned to Closed Session for the purpose of considering personnel matters. At 7: 10 p.m., Council reconvened with all members present. Mayor Conn announced there was nothing to report from Closed Session. 8-A: COMPREHENSIVE LAND USE AND ZONING ORDINANCE: Presented was an ordinance for introduction and first reading amending the Santa Monica Municipal Code by repealing Chapter I of Article IX of the Municipal Code and section 9516 of the Municipal Code and adding a new Chapter 1 to Article IX of the Municipal Code to adopt a Comprehensive Land Use and Zoning Ordinance; a resolution certifying the Final Subsequent Environmental Impact Report and Final Supplemental Environmental Impact Report on the Proposed Zoning Ordinance; and an ordinance for introduction and first reading implementing the new Comprehensive Land Use and Zoning Ordinance by adopting an Interim Districting Map. (The public hearing was concluded on July 26, 1988.) Discussion was held. Mayor Conn moved to adopt Resolution No. 7657(CCS) entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CERTIFYING THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT AND THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT ON THE PROPOSED ZONING ORDINANCE," reading by title only and waiving further reading thereof. Second by Councilmember A. Katz. The motion was approved by the following vote: Council vote: Unanimously approved 7-0 Mayor Conn moved to introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE SANTA MONICA MUNICIPAL CODE BY REPEALING CHAPTER 1 OF ARTICLE IX OF THE SANTA MONICA MUNICIPAL CODE AND 1 July 27, 1988 I 368 SECTION 9516 OF THE SANTA MONICA MUNICIPAL CODE AND ADDING A NEW CHAPTER 1 TO ARTICLE IX OF THE SANTA MONICA MUNICIPAL CODE TO ADOPT A COMPREHENSIVE LAND USE AND ZONING ORDINANCE," reading by title only and waiving further reading thereof, including amendments A through Y contained in the staff report dated July 27, 1988. Second by Councilmember A. Katz. Discussion was held. Regarding amendment W, with respect to residentially zoned lots with surface parking (Section 9080.4(d) (3)), Councilmember Zane moved to amend the main motion to return the struck language, cross out instead "any new use whether less intense or more intense," and replace it with, "any new use which under the Zoning Code requires more intense parking standards." Second by Councilmember Finkel. The maker and second accepted as friendly Councilmember Reed's suggestion to strike the word "precise" in the opening line. Discussion was held. The Planning Director indicated that Subsection 9080.4(d) (3) shall read: "The use or uses existing on the commercial parcel supported by the residential parking lot do not change. For purposes of this requirement, a change of use shall be defined as any new use which under the Zoning Ordinance requires more intense parking standards than the existing commercial use that exists on the effective date of this Chapter." On the advice of the City Attorney, "under the zoning Ordinance" was deleted from this language. The maker and second of the motion accepted as friendly Councilmember A. Katz's amendment to instruct staff to come back in one of the cleanup sweeps with some procedure that allows for diminutious changes to occur. The maker and second also incorporated as part of the motion the renumbering of the following two subsections. Discussion was held. The motion, as amended, was unanimously approved. Councilmember Zane moved under Subsection 9080.4(d) (1) that "for another use" should not be included, and that the recapture of these parking lots for residential uses should occur at any time when a commercial parcel adjacent or supported by the residential parking lot is not redeveloped. Second by Councilmember Finkel. Discussion was held. The motion failed by the following vote: Council vote: Affirmative: councilmembers Finkel, Zane, Mayor Conn Negative: Councilmembers Jennings, A. Katz, H. Katz, Reed [Page references in the following amendments to the main motion are all to the document (draft zoning ordinance) included with the staff report dated July 26, 1988.] Mayor Pro Tempore H. Katz moved (p. 6) to change the definition of 'Average Natural Grade' from the corners of a parcel to the corners of the structure proposed. Second by Councilmember A. Katz. Discussion was held. The motion failed by the following vote: Council vote: Affirmative: councilmembers H. Katz, Reed 2 July 27, 1988 369 Negative: councilmembers Jennings, A. Katz, Zane, Mayor conn Abstain: councilmember Finkel Mayor Pro Tempore H. Katz moved (p. 7) to modify the definition of 'Awnings' from IIAwnings shall be collapsible...1I to "Awnings may be fixed or collapsible... II Second by Councilmember Zane. Discussion was held. The motion was approved, Councilmember Finkel opposed. Mayor Pro Tempore H. Katz moved (p. 7) under 'Boarding House' to delete the last sentence in the definition. Second by Councilmember Reed. The motion was approved by the following vote: Council vote: Affirmative: Councilmembers Jennings, A. Katz, H. Katz, Reed Negative: Councilmembers Finkel, Zane, Mayor Conn Mayor Pro Tempore H. Katz moved (p. 8) under ' Canopy' to add "wall II so that the definition reads " . . . shieldinq a doorway, window, or wall..." Second by Councilmember A. Katz. The motion was approved, Councilmembers Jennings and Reed opposed. Discussion was held. Councilmember Reed moved (p. 12) under subsection (3) of 'Floor Area' to reinsert the struck language, "or ramps between floors of a parking structure. II Second by Mayor Pro Tempore H. Katz. During discussion, the maker and second included councilmember Zane' s suggestion that "providing the ramp does not accommodate parking" also be reinstated. The motion was unanimously approved. Councilmember Zane moved (p. 12) under subsection (5) of 'Floor Area' to add IIExterior" preceding "Courtyards, arcades, atria..." to modify all of the following areas. Second by Councilmember Reed. The motion was unanimously approved. councilmember Reed moved (p. 13) that lIFloor area devoted to covered at-grade parking shall be counted at two thirds of the actual area if" be modified to add to the end of the phrase, lIall of the following conditions are met: II Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. councilmember Zane moved to direct staff to bring back as a clean-up item an evaluation of how rooftop parking should be counted in the calculation of FAR. It was determined that this direction is not critical to the introduction of the ordinance and should be held until later. Therefore, the motion was withdrawn. Mayor Pro Tempore H. Katz moved to direct staff to look at the definition of 'Parapet.' It was determined that this direction 3 July 27, 1988 I I 370 is not critical to the introduction of the ordinance, and the motion was withdrawn. Councilmember Reed moved (p. 17) under 'Large Family Day Care Homes I to add "the same" (making the definition read, "A home which provides family day care to the same 7 to 12 designated children daily ..."). Second by Mayor Pro Tempore H. Katz. During discussion, the second was withdrawn; therefore, the motion died for lack of a second. councilmember Zane moved to direct staff to develop a definition for 'Specialty Retail.' Not being critical to the introduction of the ordinance, this motion was withdrawn. Councilmember Reed moved (p. 42) under section 9002.7 to insert in line 6 the word "which" (making the definition read, " . . . purposes shall be issued which would be in conflict..." Second by Councilmember Zane. The motion was unanimously approved. Mayor Pro Houses as subsection motion was Tempore H. Katz moved (p. 45) to include Boarding subsection 9010.5(c) under 'Prohibited Uses, t with (c) becoming (d). Second by Councilmember Reed. The unanimously approved. councilmember Zane moved that Hospices be permitted in all residential zones and be listed as permitted uses. Second by Councilmember Reed, noting that this is as required by state law. The motion was amended to include that appropriate renumbering be done to maintain consistency. The motion, as amended, was unanimously approved. councilmember Zane moved (p. 54) under Section 9012.4 that Boarding Houses be a conditionally permitted use in the R2 zone. Second by Councilmember Finkel. During discussion, the motion was amended to include Boarding Houses as conditionally permitted uses in the R2, R3, and R4 zones, with the appropriate renumbering. The motion, as amended, was unanimously approved. councilmember Zane moved (p. 55) change "30 feet" to "27 feet. n second. under subsection 9012.6(a) to The motion died for lack of a Councilmember Zane moved (p. 56) under subsection 9012.6(h) to change "20,000 square feet" to "12,000 square feet." Second by Councilmember Finkel. Discussion was held. The motion failed by the fOllowing vote: Council vote: Affirmative: Councilmembers A. Katz, Zane Negative: Councilmembers Finkel, Jennings, H. Katz, Reed, Mayor Conn Councilmember Zane moved (p. 56) under subsection 9012.6(h) to change "20,000 square feet" to "15,000 square feet." Second by Councilmember Finkel. The motion was unanimously approved. 4 July 27, 1988 371 subsection Second by Councilmember Katz moved (p. 65) under "50 feet" to "45 feet." The motion was approved, Mayor Pro Tempore H. 9014.6(a) to change Counci1member Zane. Jennings opposed. councilmember Zane moved (p. 60) under subsection 9013.6(h) to change "25,000 square feet" to "22,500 square feet." Second by Counci1member Finkel. The motion was approved, councilmember Jennings opposed. counci1member Reed moved (p. 68) under subsection 9015.2(k) to delete everything after I hotels,' making the subsection read, "Night Clubs wi thin hotels. II Second by Councilmember Finkel. The motion was unanimously approved. councilmember Zane moved (p. 68) under subsection 9015.2(n) to make it read, "Residential uses above the first floor..." During discussion, the motion was withdrawn when it was determined that the intent of the motion is accomplished under subsection 90l5.2(j). counci1member Zane moved to amend the language so that 'Aquariums' becomes 'Marine-oriented uses such as aquariums. I Second by Councilmember Reed. The motion was unanimously approved. Councilmember Zane moved (table on p. 71) that the two paragraphs following 'Pier Overlay' be numbered (a) and (b) and indented to clarify that they are part of the pier Overlay zone. Second by councilmember Reed. The motion was unanimously approved. Mayor Pro Tempore 9015.5 (b) to change councilmember Zane. H. Katz moved (p. 72) under subsection "70 percent" to "60 percent. II Second by The motion failed for lack of a majority. councilmember Zane moved (p. 72) under subsection 9015.5(g) to change "15,000 square feet of floor area on the Promenade" to 1110,000 square feet ..." and 1145,000 square feet of floor area in all other areas of the District" be changed to "30,000 square feet ..." The chair requested that the motion be divided into two separate motions. Councilmember Zane moved that the development review standard for the parcels fronting on the Promenade be 10,000 square feet. Second by Councilmember A. Katz. During discussion, it was determined that the Promenade is now all in the R3 zone, and the motion was withdrawn. councilmember Zane moved that the 45,000 square feet for all other areas be changed to 30,000 square feet. Second by Councilmember Finkel. The motion was approved by the following vote: council vote: Affirmative: Councilmembers Finkel, A. Katz, Zane, Mayor Conn Negative: Councilmembers Jennings, H. Katz, Reed 5 July 27, 1988 I 372 Councilmember Reed moved (p. 76) under subsection 90l6.6(d) to delete "None, except that needed to accommodate" and change the sentence to read, "Landscaping as required pursuant ..." Second by Mayor Pro Tempore H. Katz. During discussion, with the consent of the second, the motion was amended to make it general to all commercial districts. The motion, as amended, was approved, Councilmember Finkel opposed. Mayor Pro Tempore H. Katz moved (p. 77) under subsection 90l6.6(d) to change "shall comply" to "may comply" and make this change throughout the document for consistency. Second by Councilmember Reed. During discussion, at the suggestion of the Planning Director and with the consent of the second, the motion was amended to delete the entire sentence making reference to Section 9040.5, and make this change throughout the document. The motion, as amended, was unanimously approved. Mayor Pro Tempore H. Katz moved (p. 81) under subsection 9017.4(g) to delete "with up to two service bays," making the subsection read IIService stations." Second by Councilmember Finkel. The motion was unanimously approved. Regarding the C4 Highway Commercial District, Councilmember Reed moved that the height limit be 2 stories with 1.5 FAR for the north side of Broadway from 20th Street to 26th Street. Second by Mayor Pro Tempore H. Katz. The motion was amended to include Councilmember Zane's suggestion of a 30 foot height limit. The motion, as amended, was unanimously approved. Councilmember Zane moved (p. 95) under Section 9019.6 to direct staff to develop language to modify the provision so that the 50% discount for residential uses apply across the board in the Downtown District. During discussion, the motion was amended to include the City Attorney's suggestion that the second sentence of the section be revised to read: "With the exception of residential uses, where the development standards of this Subchapter are inconsistent with the Third street Mall Specific Plan, the standards contained in the Third Street Mall Specific Plan shall govern." Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. Councilmember Zane moved (p. 108) under subsection 9021.6(a) to delete the second sentence ("No portion of any structure shall exceed 45 feet within 150 feet of a residential district. ") . Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. Councilmember Zane moved (p. 108) under subsection 9021.6(b) to add "and relocating their entire operation to this site" to the end of the subsection. Second by Councilmember A. Katz. During discussion, the maker and second accepted Councilmember Reed IS modification to the motion to make it read, "relocating the entire retail sales and auto storage operations to this site. II The motion, as amended, was unanimously approved. 6 July 27, 1988 373 During consideration of the CP Commercial Professional District, councilmember Zane left the dais due to a possible conflict of interest. For the CC civic center District, it was clarified that the amendments as set forth in the staff report dated July 27, 1988, (amendment M) remove the 2.0 FAR for this district. For the H1 Industrial Conservation District, councilmember Reed moved (p. 138) under section 9030.2 to add under the permitted use section a subsection to include the expansion of an existing nonconforming use by no more than one lot subject to development review. Second by Councilmember Zane. During discussion, with the concurrence of the second, the motion was amended to make the language read, "Existing nonconforming office uses may expand by no more than one parcel with development review." Discussion was held. The motion, as amended, was approved, Mayor Pro Tempore H. Katz abstaining. For the A Off-Street parking OVerlay District, Councilmember A. Katz moved (staff recommendations one and three on p. 3 of the staff report dated July 27, 1988) to delete Section 9032.2 and renumber the sections that follow, and adopt a new section, Section 9050.15 that establishes performance standards for parking lots. Second by Mayor Pro Tempore H. Katz. During discussion, with the consent of the second, the maker amended the motion to provide that when the Planning staff comes back with their site review threshold criteria (in approximately 6 months), that they include in that the possibility that if no surface parking is used in the R or A lot after development, that there would be some kind of bonus under the site review threshold criteria; if part of that surface area is open space and part is used for parking, the bonus would decline; if all is used for surface parking, there would be no bonus. During discussion, the Planning Director suggested that, because the staff report of July 27 may have confused the issue and caused a motion contrary to the intent of Council, the motion be amended so that I wi th reference to p. 149 of the ordinance, the language be left as is, thereby deleting the surface parking as a right today, with staff to come back when the criteria for the site review threshold are developed with the information regarding bonuses that was requested in the motion. With the consent of the second, the maker amended the motion to instruct staff to return to Council as part of their work on the site review threshold criteria with a procedure for providing bonuses for underground parking and leaving the surface area landscaped, and a sliding scale for intermediate levels of landscaping. It was clarified that the motion does not make any changes to the ordinance. The motion, as restated, was unanimously approved. For Project Design and Development Standards, councilmember Reed moved (p. 165) under Section 9040.8 to add the phrase, "except that on corner parcels within five feet of an intersection, the fence, wall, or hedge height shall not exceed 36 inches," so that the last sentence in subsection (a) and subsection (b) are consistent with respect to the height of a fence within five feet 7 July 27, 1988 I I 374 of an intersection, regardless of whether it is a front yard or side yard fence. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. Councilmember Jennings moved (p. 170) under Section 9040.17 to provide that underground parking in residential areas is totally underground and does not extend above the surface of the land on either side. The motion died for lack of a second. Councilmember Zane moved to extend the meeting to midnight. Second by Mayor Pro Tempore H. Katz. The motion was unanimously approved. Councilmember Finkel moved to direct staff that all areas which are contemplated by the July 27, 1988, memorandum from Public Counsel be placed in the clean-up study area wi th respect to Child Care Facilities, and come back with recommendations. The motion was duly seconded and unanimously approved. Councilmember A. Katz moved (p. 231) under subsection 9046.3(c) (6) to establish January 1, 1988, as the basis point upon which the inflation adjustments will be calculated. Second by Mayor Pro Tempore H. Katz. During discussion, upon advisement by the city Attorney that the basis for the inflation factor is included in subsection 9046.2(c), the motion was withdrawn. Councilmember Reed moved (p. 245) to add to the end of subsection 9050.4(a)(2), "except that an expansion of the land area which accommodates no net increase but only a relocation of a use shall be permitted. It Second by Mayor Pro Tempore H. Katz. Discussion was held. The motion failed for lack of a majority vote. Councilmember Reed moved (p. 402) under Section 9133.3 to create subsection (d) to read, "Low-income Housing. The Zoning Administrator may approve a reduced parking permit for the reduction in the number of parking spaces required for low to moderate income housing development provided additional documents, covenants, deed restrictions, or other agreements as may be deemed necessary by the Zoning Administrator are executed. n Second by Mayor Pro Tempore H. Ka tz . wi th no objection from the second, the motion was amended to include direction to activate this process, with staff to come back with refined standards. Discussion was held. The motion, as amended, was unanimoUSly approved. Councilmember Finkel moved to direct staff to study the suggestions proposed in the letter dated July 27, 1988, from Lawrence & Harding regarding Home Occupation Permits, including in the motion Councilmember Reed's request that the prior action Council took with regard to home occupation permits, which was to request that the staff investigate a notice radius, renotification process, and sunset provisions, be included in the study, and bring it all back to Council. The motion, as amended, was duly seconded and unanimously approved. 8 July 27, 1988 375 The main motion to introduce the ordinance, as amended, was approved by the following vote: Council vote: Unanimously approved 7-0 Mayor Conn moved to introduce for first reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA IMPLEMENTING THE NEW COMPREHENSIVE LAND USE AND ZONING ORDINANCE BY ADOPTING AN INTERIM DISTRICTING MAP, n reading by title only and waiving further reading thereof. Second by Councilmember A. Katz. Councilmember Zane moved to amend the map to make the area east of the Promenade, west of Appian Way, from Seaside Terrace near the pier up to Vicente Terrace, an R3 zone. The maker and second of the main motion accepted this as a friendly amendment. Councilmember Zane moved that the civic Center Trailer Park in the currently proposed MI zone be changed to the R-MH designation. Second by Councilmember Finkel. Discussion was held. Because of planning and legal considerations, Mayor Conn moved a substitute motion to ask staff to look at this parcel and come back with recommendations. Second by Mayor Pro Tempore H. Katz. The substitute motion was approved, Councilmember Zane opposed. Councilmember Zane requested that the record reflect that the people who voted for this motion should go over and explain it to the residents. Councilmember Reed moved to amend the Broadway Commercial District, therefore the north side of Broadway from 20th Second by Councilmember Zane. The approved. map to delete from the leaving in the C4 zone, street to 26th street. motion was unanimously Councilmember Jennings moved to amend the map to include the Washington School property, located on the east side of 4th street between Raymond and Ashland, in the PL OVerlay zone. The motion was duly seconded and unanimously approved. Discussion was held. Councilmember Jennings moved to include all of Los Arnigos Park, at 5th and Ocean Park Boulevard, in the PL Overlay zone. Second by Councilmember Reed. The motion was unanimously approved. The main motion to introduce the ordinance, as amended, was approved by the following vote: Council vote: Affirmative: Councilmembers Finkel, Jennings, A. Katz, H. Katz, Zane, Mayor Conn Negative: Councilmember Reed 9 July 27, 1988 I I 376 councilmember Reed requested that the record reflect that she is in concurrence with the criticisms made by Mr. Christopher Harding with regard to the map. Mayor Pro Tempore H. Katz moved to direct staff to go further with their analysis and recommendations regarding differential intensity of development based upon uses. Second by Councilmember A. Katz. The motion was approved, councilmember Reed opposed. Councilmember A. Katz moved to direct staff to study the issues raised in the letter dated July 27, 1988, from CIPA and come back with recommendations to provide meaningful incentives for residential uses in the commercial zones. Second by Councilmember Finkel~ The maker and second accepted as friendly councilmember Zane's suggestion that the motion include that the Downtown be treated as a priority because of some immediate needs to address the housing potentialities there. The motion, as amended, was unanimously approved. Councilmember Finkel moved that staff be directed to study the following issues and return to Council with recommendations: an evaluation of how rooftop parking should be counted in the calculation of FAR; develop definitions for Parapet and Specialty Retail; parking for shelters; more specificity under subsection 9015.2(1), retail uses that cater to the visiting public; look at different thresholds for development review in different parts of C4 zone; add "berm" language to section 9041..7; allow less parking for low and moderate income units where deed restricted; Public Lands near the airport. Second by Councilmember A. Katz. The motion was unanimously approved. Mayor Pro Tempore H. Katz moved to direct staff to come back with a method for handling variances as adjustments for unusual situations. The motion was duly seconded and unanimously approved. councilmember Zane moved to direct staff to evaluate the issue of developing standards for height variances based upon archi tectural amenities, and advise Council as to what sort of design standards may be included as circumstances under which Council might permit additional height, but not density. Second by Mayor Pro Tempore H. Katz. Discussion was held. The motion was approved, councilmembers Jennings and Reed opposed. ADJOURNMENT: At 11:55 p.m., of Ruth Mills. memory 10 \ '---.J July 27, 1988