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O2207 Rf:\atty\muni\laws\barry\strategiczoningord inance1 0-03-062dC.doc City Council Meeting 10-3-06 Santa Monica, California ORDINANCE NUMBER 2207 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING ARTICLE 9 OF THE SANTA MONICA MUNICIPAL CODE TO MODIFY PROJECT DESIGN AND PROPERTY DEVELOPMENT STANDARDS FOR SPECIFIED USES IN CERTAIN RESIDENTIAL, COMMERCIAL AND INDUSTRIAL DISTRICTS IN THE CITY INCLUDING, BUT NOT LIMITED TO, STANDARDS RELATED TO PERMITTED BUILDING HEIGHTS, EXCEPTIONS TO THE HEIGHT LIMIT, UNIT DENSITY, PARCEL COVERAGE, FLOOR AREA AND ARCHITECTURAL DESIGN REVIEW CRITERIA, AND MODIFYING THE AFFORDABLE HOUSING PRODUCTION PROGRAM WHEREAS, in July 2004, the City commenced preparation of a new Land Use and Circulation Element of the General Plan and a comprehensive redrafting of the City's Zoning Ordinance; and WHEREAS, during the first phase of this project, staff implemented a broad public outreach program to educate, inform and receive feedback from the City's residents, business owners, and visitors; and WHEREAS, as part of this outreach, staff conducted four community workshops; met with over thirty-six community groups, City task forces, and boards and commissions; undertook telephone and internet surveys; conducted a youth planning program; and prepared an extensive transportation preference survey completed by 1 over 850 people and a walking tour guidebook that was completed by over 900 people; and WHEREAS, much of the input received through this outreach is contained in the Emerging Themes report which was presented to the City Council in April 2005; and WHEREAS, staff also evaluated the City's current Land Use and Circulation Elements with a particular focus on the City's success in meeting major land use, circulation, and urban design proposals; and WHEREAS, from the outset of this process, the community has responded to these many outreach efforts on a range of issues including issues related to diversity, growth, development activity, and town character. WHEREAS, this process culminated in the identification of certain key themes and goals that are critically important to the community, its quality of life and well-being; and WHEREAS, these themes and goals have been reviewed and further refined by the cc;>mmunity through continued outreach by staff at events such as the Santa Monica Festival in 2005 and 2006 and at public meetings by the City's decision-making bodies; and WHEREAS, these themes and goals reflect the analysis that was completed as part of the Land Use and Circulation Element's Opportunities and Challenges report; and WHEREAS, these key themes include: a unique city with a strong sense of community; a diverse and inclusive city; a safe and secure community; and an environmentally sustainable city; and 2 WHEREAS, key goals include maintaining an appropriate town-scale and balanced growth while encouraging certain types of development; and WHEREAS, these goals focus on the availability of affordable housing, retention of neighborhood character, development that is well-designed and consistent with the desired neighborhood scale, preservation of older buildings, adaptive reuse of historic properties, promotion of rental housing development and a need to advance good sustainable building practices; and WHEREAS, since these key concepts have been repeatedly articulated during this two year update process, it is appropriate to proceed now with their implementation; and WHEREAS, as reflected above, community input has demonstrated significant interest in preserving the scale and character of existing neighborhoods and in reducing development standards in some parts of the City to ensure that the height and scale of new buildings is consistent with the existing context while promoting certain types of development; and WHEREAS, the City Council directed staff to prepare the necessary analysis to implement the key themes that have emerged from the Land Use and Circulation Element effort and determined that an incentives-based approach would be the best approach to advance these key policies; and WHEREAS, most of the City's existing zoning districts are already protected by existing regulations that serve to maintain and enhance the scale and character of neighborhoods, including but not limited to, the single family neighborhoods and the 3 downtown commercial districts and no further regulation in these afeas is fequired at this time; and WHEREAS, for certain specified zoning districts, the proposed ordinance would retain current maximum build out potential in each of the residential and commercial districts fOf a discfete list of land uses. Other uses would be subject to feduced development standards, including modifications to maximum unit density, parcel coverage Of floOf area, and building height; and WHEREAS, the preferred permitted projects would include projects that comply with the Secretary of Interior's Standards for the Treatment of Historic Properties, specified Green Building projects, 100% affordable housing projects, apartments, community care facilities, and senior group housing. WHEREAS, other proposed changes would include elimination of many rooftop projections that contribute to overall building height and affect neighborhood compatibility; and WHEREAS, on August 16, 2006, the Planning Commission held a public hearing to adopt a Resolution of Intention which stated the Commission's intention to recommend modifications to the City's Zoning Ordinance to address the issues specified above; and WHEREAS, on September 6, 2006, the Planning Commission held a public hearing on the proposed ordinance and recommended that the City Council approve the proposed ordinance with certain specified modifications; and WHEREAS, the City Council considered the proposed ordinance on September 12,2006; and 4 WHEREAS, for the reasons detailed above, the proposed amendments are consistent in principle with the goals, objectives, policies, land uses and programs specified in the adopted General Plan, more specifically, Land Use Objective 1.1 which states that the quality of life for all residents should be improved by protecting the qualify of life in all residential neighborhoods and providing adequate housing for all income levels; Land Use Objective 1.2 which establishes the goal of ensuring compatibility of adjacent land uses, with particular concern for protection of residential neighborhoods, Land Use Element 1.10.1 which is to "encourage the development of new housing while still protecting the character and scale of the existing neighborhood," Housing Element Policy 1.3 which states establish and maintain development standards that support development while protecting quality of life goals; and WHEREAS, the public health, safety, and general welfare require the adoption of the proposed amendment in that this ordinance would adjust building heights, parcel coverage or floor area allowances, unit density and discretionary review criteria, as appropriate, in a limited number of the City's zoning districts thereby implementing consensus land use policies which have emerged from the Land Use and Circulation Elements and Zoning Ordinance update process to reflect fundamental community priorities and goals including encouragement of certain types of development, retention of neighborhood scale and character, promotion of development that is well-designed and consistent with desired neighborhood scale, retention of the community's social and cultural diversity, preservation of older buildings and the advancement of sustainable building practices; and 5 WHEREAS, Government Code Section 65863 does not apply to this proposed ordinance since the ordinance does not reduce the residential density for any land in the City; and WHEREAS, even if Government Code Section 65863 were to apply, the proposed ordinance complies with its provisions since as articulated above, the proposed ordinance is consistent with the City's adopted general plan, including its Housing Element, and the remaining sites identified in the housing element are adequate to accommodate the City's share of the regional housing needs; and WHEREAS, during the RHNA Planning Period of January 1, 1998, through June 30, 2005, the City issued building permits for 2,920 units, 132% of its RHNA target of 2,208 units; and WHEREAS, the City has issued building permits or planning approvals for approximately 1,000 additional units; and WHEREAS, the City has prepared an updated adequate sites analysis which demonstrates that the City continues to have sites for more than 4,500 housing units, with over half of these units located in the City's commercial districts which is more than adequate to accommodate the City's future share of regional housing need, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code Section 9.04.08.06.20 is hereby amended to read as follows: 6 Section 9.04.08.06.020. Allowed land uses. Table 9.04-1 (Land Uses Allowed in Multiple Family Residential Districts) identifies allowed land uses in the R2, R3, and R4 zoning districts. Land uses designated with the letter "P" are permitted in that district subject to standards referenced under the Additional Land Use Regulations column. Land uses designated with the letters "PSP" require a Performance Standards Permit and are subject to further standards set forth under the Additional Land Use Regulations column. Land uses designated with the letters "CUP" require a Conditional Use Permit and are subject to further standards set forth under the Additional Land Use Regulations column. Land uses designated with the letter "L" are limited uses only authorized in accordance with the standards set forth under the Additional Land Use Regulations column. Land uses that have no letter designation are not permitted in that particular district. Rooftop parking is not permitted in any multiple family residential district. Any land use not specifically authorized is prohibited. 7 TABLE 9.04-1 LAND USES ALLOWED IN MULTIPLE FAMILY RESIDENTIAL DISTRICTS LAND USE R2 R3 R4 ADDITIONAL LAND USE REGULATIONS Bed and breakfast facilities CUP CUP CUP 9.04.20.12 Boarding houses CUP CUP CUP 9.04.20.12 Child day care centers * CUP CUP CUP 9.04.14.030 9.04.20.12 Clubs or lodges CUP 9.04.20.12 Community care facilities * CUP CUP CUP 9.04.20.12 Congregate housing * P P P Domestic violence shelters * P P P Homeless shelters * CUP CUP 9.04.20.12 Hospice facilities * P P P Hotels, existing as of 1/1/95 L L 9.04.08.06.020 (a) Hotels with incidental businesses CUP 9.04.20.12 Large family day care homes * PSP PSP PSP 9.04.12.030 9.04.20.08 Libraries CUP CUP 9.04.20.12 Multi-family dwelling units P P P 9.04.08.06.020 (b) Multi-family apartments where 25% of the units are 3-bedrooms or larger, 66% of the remaining units are 2 bedrooms or larger, and P P P the project is registered with the USGBC to receive a LEED rating of silver or higher level * Municipal parking structures CUP 9.04.20.12 Neighborhood grocery stores CUP CUP CUP 9.04.14.080 9.04.20.12 Offices and meeting rooms for charitable, youth and welfare CUP CUP CUP 9.04.20.12 organizations One story accessory buildings over 9.04.08.06.020 (c) 14 feet in height or two story CUP CUP CUP 9.04.10.02.110 accessory buildings up to a 9.04.14.110 maximum height of 24 feet 9.04.20.12 One-story accessory buildings and P P P 9.04.08.06.020 (c) structures up to 14 feet in height 9.04.10.02.100 9.04.08.06.020 (c) One-story accessory living PSP PSP PSP 9.04.08.06.020 (d) quarters 9.04.12.080 9.04.20.08 Places of worship CUP CUP CUP 9.04.20.12 Private tennis courts PSP PSP PSP 9.04.12.060 8 9.04.20.08 Public parks and playgrounds P P P Residential care facilities * CUP CUP CUP 9.04.20.12 Rest homes CUP CUP CUP 9.04.20.12 Schools CUP CUP CUP 9.04.20.12 Senior group housing * P P P Senior housing * P P P Single room occupancy housing P P P Single-family dwellings * P P P 9.04.08.06.020 (e) Small family day care homes P P P Transitional housing * P P P Underground parking structures CUP CUP CUP 9.04.08.06.020 (f) 9.04.20.12 Yard sales P P P 9.04.08.06.020 (g) * Denotes Preferred Permitted Project per Table 9.04-2. Additional Preferred Permitted Projects include 100% affordable housing projects and projects that include the retention and preservation of a historic resource and comply with the Secretary of Interior's Standards for the Treatment of Historic Properties. USGBC shall mean the United States Green Building Council for certification under the Leadership Energy and Environmental Design Green Building Rating System (LEED). Additional Land Use Regulations for the R2, R3, and R4 Districts referenced in Table 9.04-1: (a) Hotels in existence as of January 1, 1995, or their replacement with a new hotel at an existing hotel site in conformance with the physical development standards in effect at the time of such replacement and located in a R2 or R3 zone in an area bounded by the centerline of Ocean Avenue to the west, the centerline of 14th Court to the east, the centerline of Wilshire Boulevard to the south and the centerline of Montana Avenue to the north, and including those R2 and R3 parcels on the north side of Montana Avenue within the east and west boundaries, provided: 9 (1) There is no increase in the floor area of the hotel after January 1, 1995; (2) Any increase in the number of rooms is accomplished through subdivision of rooms existing on January 1, 1995 and does not exceed five percent of the number of rooms existing on January 1, 1995, or five rooms, whichever is less; and (3) All other Zoning Ordinance requirements are met, including parking requirements for any addition of rooms after January 1, 1995. (b) Residential condominiums are also subject to the requirements set forth in subchapter 9.04.16 (Condominiums) and Chapter 9.20 (Subdivisions). (c) Accessory buildings shall be architecturally compatible with the principal structure(s). (d) One-story accessory living quarters are limited to fourteen feet in height. A minimum parcel area of ten thousand square feet is required. (e) Single-family homes, including manufactured housing, must be placed on a permanent foundation. 10 (f) Underground parking structures may be conditionally permitted only if the subject parcel or parcels were occupied by a surface parking lot at the time of adoption of this Chapter, the parcel(s) is not adjacent to a parcel in the C2 District, the ground level above the underground parking structure is used for residential or public park and open space uses, the structure is associated with an adjacent commercially zoned parcel, and the vehicle access to the underground parking is from the commercially zoned parcel and as far from the residentially zoned parcel as is reasonably possible. (g) Yard sales are limited to two per calendar year, for each dwelling unit, for a maximum of two days each. SECTION 2.Santa Monica Municipal Code Section 9.04.08.06.060 is hereby amended to read as follows: Section 9.04.08.06.060. Property development standards. All property in the R2, R3, and R4 Districts shall be developed in accordance with the standards set forth in Table 9.04-2, subsections (a) through (i) of this Section, and Section 9.04.08.06.070: 11 TABLE 9.04-2 PROPERTY DEVELOPMENT STANDARDS FOR THE R2, R3 AND R4 MUL TIPLE FAMILY RESIDENTIAL DISTRICTS ADDITIONAL R2 R3 R4 DEVELOPMENT REGULATIONS Minimum Parcel Dimensions: Area (square feet) 5,000 SF 5,000 SF 5,000 SF 9.04.08.06.060 (a) Width (feet) 50 50 50 Length (feet) 100 100 100 3 stories 2 stories 35 feet*; 4 stories 9.04.08.06.060 (b) Maximum Building Height 23 feet All others: 40 feet 9.04.08.06.060 (i) 2 stories 23 feet Maximum Parcel Coverage (MPC): 50%* 50% First Story All others: 50% 9.04.08.06.060 (c) 45% 85% of 1 st Story Second Story 90% of 1st MPC* 80% of 1st 9.04.08.06.060 (i) Story MPC All others: Story MPC 90% of 1 st Story MPC 60% of 1st Story 60% of 1st Third Story NA MPC* Story MPC 9.04.08.06.060 (i) All others: NA 50% of 1st Fourth Story NA NA Story MPC 9.04.08.06.060 (i) Coverage 20, or as 20, or as 20, or as established established established in the in the in the Minimum Front Yard Official Official Official Setback (feet) Districting Districting Districting Map, Map, Map, whichever whichever whichever is greater is greater is greater Minimum Rear Yard Setback 15 15 15 9.04.10.02.230 (feet Minimum Side Yard Setback 8 8 8 9.04.08.06.060 (d) 12 (feet) 1/1,500 SF* 1/1,250 All others: 9.04.08.06.060 (e) Maximum Unit Density SF* (dwelling unit / area) The lesser All others: 1 /900 SF 9.04.08.06.060 (t) of 9.04.08.06.060 (i) I / 2000 SF I / 1500 SF or 4 total Private Open Space: Four or five units 100 SF / 100 SF / 100 SF / 9.04.08.06.060 (g) Unit Unit Unit Six or more units 50 SF / 50 SF / 50 SF / Unit 9.04.08.06.060 (g) Unit Unit Development Review Permit Threshold (based on project 15,000 SF 22,500 SF 25,000 SF 9.04.08.06.060 (h) floor area) * Preferred Permitted Projects as listed in Table 9.04-1 Additional regulations for the R2, R3, and R4 Districts referenced in the Additional Development Regulation column of Table 9.04-2: (a) Parcels in existence prior to September 8, 1988 shall not be subject to the minimum parcel dimension requirements. (b) The maximum building height may be exceeded in each district provided the maximum roof height does not exceed thirty feet in the R2 District, forty feet in the R3 District, or forty-five feet in the R4 District subject to the following criteria: 13 (1) In the R2 District, the building volume above twenty-three feet shall not exceed fifty percent of the parcel coverage of the story immediately below the twenty-three foot height elevation, multiplied by seven. For purposes of calculating a story's parcel coverage, area measurements shall extend to the outside surface of exterior walls. No portion of the building volume above twenty-three feet shall encroach into a plane starting at twenty-three feet above the front setback line and sloping upward at a forty-five-degree angle toward the rear of the lot. Parapets extending above twenty-three feet shall be included in the building volume calculation. To determine the volume occupied by a parapet structure, two sets of parallel lines to form a rectangle shall be used to enclose the area, multiplied by the height of the parapet. (2) In the R3 District, the building volume above thirty-five feet shall not exceed fifty percent of the parcel coverage of the story immediately below the thirty-five-foot height elevation, multiplied by five. For purposes of calculating a story's parcel coverage, area measurements shall extend to the outside surface of exterior walls. No portion of the building volume above thirty-five feet shall encroach into a plane starting at thirty-five feet above the 14 front setback line and sloping upward at a forty-five-degree angle toward the rear of the lot. Parapets extending above thirty-five feet shall be included in the building volume calculation. To determine the volume occupied by a parapet structure, two sets of parallel lines to form a rectangle shall be used to enclose the area, multiplied by the height of the parapet. (3) In the R4 District, the building volume above forty feet shall not exceed fifty percent of the parcel coverage of the story immediately below the forty foot height elevation, multiplied by five. For purposes of calculating a story's parcel coverage, area measurements shall extend to the outside surface of exterior walls. No portion of the building volume above forty feet shall encroach into a plane starting at forty feet above the front setback line and sloping upward at a forty-five-degree angle toward the rear of the lot. Parapets extending above forty feet shall be included in the building volume calculation. To determine the volume occupied by a parapet structure, two sets of parallel lines to form a rectangle shall be used to enclose the area, multiplied by the height of the parapet. (4) Affordable housing projects are not subject to subdivisions (1), (2), and (3) of this subdivision (b) and may 15 extend to thirty feet in the R2 District, forty feet in the R3 District, and forty-five feet in the R4 District and shall have no limitation to the number of stories. (c) The maximum parcel coverage shall not exceed fifty percent of the parcel area or the parcel area remaining after deducting required front, side and rear yard setbacks, whichever is less. (d) The side yard setback for parcels less than fifty feet in width shall be sixteen percent of the parcel width, or four feet, whichever is greater. (e) No more than one dwelling unit shall be permitted on a parcel of less than four thousand square feet if a single-family dwelling existed on the parcel on September 8, 1988. (f) The density for affordable housing projects in which one hundred percent of the units are deed restricted for very low, low, or moderate income and located in an R2 or R3 District in the area bounded by the centerline of Ocean Avenue to the west, the centerline of 14th Court to the east, the centerline of Wilshire Boulevard to the south and the centerline of Montana Avenue to the north, but including those R2 and R3 zoned parcels on the north side of 16 Montana Avenue within the east and west boundaries, may be one dwelling unit for every twelve hundred fifty square feet in the R2 District, and one dwelling unit for every nine hundred square feet in the R3 District. (g) For purposes of the open space requirement, a residential dwelling unit shall mean any unit three hundred seventy-six square feet in area, or larger. Affordable housing projects may substitute one square foot of common open space for each square foot of required private open space. (h) A Development Review permit shall be required for projects that equal or exceed the established square foot floor area threshold. See Part 9.04.20.14 of the Zoning Ordinance. (i) In the R4 District on Pico Boulevard between 11th Street and Euclid Street, the following development standards shall apply: 17 Maximum Height Maximum Parcel Maximum Unit Coverage Density Preferred 4 stories, 40 feet First Story: 50% 1 unit / 900 SF of Permitted parcel area Projects (as Second Story: 80% listed in Table of 1 st story M PC 9.04-1 ) Third Story: 60% of 1st story MPC Fourth Story: 50% of 1 st story M PC Permitted 3 stories, 35 feet First Story: 50% 1 unit / 1,250 SF Projects of parcel area Second Story: 85% of 1st story MPC Third Story: 60% of 1st story MPC SECTION 3.Santa Monica Municipal Code Section 9.04.08.64.060 is hereby amended to read as follows: Section 9.04.08.64.060. Property development standards. All property in the R3R District shall be developed in accordance with the following standards: (a) Maximum Building Height. Two stories, not to exceed thirty feet, except that there shall be no limitation 18 on the number of stories of any affordable housing project, as long as the building height does not exceed thirty feet. (b) Maximum Floor Area Ratio. 1.0. (c) Maximum Unit Density. For parcels of four thousand square feet or more, one dwelling unit for each one thousand two hundred fifty square feet of parcel area shall be permitted for the following preferred permitted projects: 100% affordable housing projects; projects that include the retention and preservation of a historic structure and that comply with the Secretary of Interior's Standards for the Treatment of Historic Properties; multi-family apartment units where 25% of the units are 3-bedrooms or larger, 66% of the remaining units are 2 bedrooms or larger and the project is registered with the USGBC to receive a LEED rating of silver or higher level; child day care centers; community care facilities; homeless shelters; congregate housing; domestic violence shelters; hospice facilities; large family day care homes; residential care facilities; senior group housing; senior housing; single family dwellings; and transitional housing. For all other projects on parcels of four thousand square feet or more, one dwelling unit for each one thousand five hundred square feet of parcel area shall be permitted. For parcels less than four thousand square feet, no dwelling 19 units shall be permitted, except that one dwelling unit may be permitted if a single family dwelling existed on the parcel on September 8, 1988. (d) Maximum Parcel Coverage. Fifty percent of the parcel area. (e) Minimum Parcel Size. Five thousand square feet. Each parcel shall contain a minimum depth of one hundred feet and a minimum width of fifty feet, except that parcels existing on September 8, 1988 shall not be subject to this requirement. (f) Front Yard Setback. The minimum required front yard setback shall be either twenty feet, or shall comply with the minimum front yard setback for the district as set forth in the Official Oistricting Map, whichever area is greater. (g) Rear Yard Setback. Fifteen feet. (h) Side Yard Setback. The minimum required side yard setback shall be determined in accordance with the following formula, except that for lots of less than fifty feet in width, the minimum required side yard setback shall 20 be ten percent of the parcel width, but in any event not less than four feet: 5' + (stories x lot width) 50' (i) Development Review. A Development Review Permit shall be required for any development of twenty-two thousand five hundred square feet or more in floor area. 0) Private Open Space. Any project containing four or more residential dwelling units shall provide the following minimum open space: one hundred square feet per unit for projects with four or five units, and fifty square feet per unit for projects of six units or more. For purposes of this requirement, "residential dwelling unit" shall mean any unit three hundred seventy-six square feet in area or larger. Affordable housing projects may substitute one square foot of common open space for each square foot of required private open space. (k) Upper-Level Stepback Requirements. (1) Additional Front Stepback Over Fourteen Feet in Height. For new structures or additions to existing structures, any portion of the front building elevation above fourteen feet exceeding seventy-five percent of the 21 maximum buildable front elevation shall be stepped back from the front setback line an additional average amount equal to four percent of parcel depth, but in no case resulting in a requirement stepback greater than ten feet. As used in this Section, "maximum buildable elevation" shall mean the maximum potential length of the elevation permitted under these regulations, which includes parcel width or length (as applicable), minus required minimum setbacks. (2) Additional Side Stepback Over Fourteen Feet in Height. For new structures or additions to existing structures, any portion of the side building elevation above fourteen feet exceeding fifty percent of the maximum buildable side elevation shall be stepped back from the side setback line an additional average amount equal to six percent of parcel width, but in no case resulting in a required step back greater than ten feet. (3) The upper-level stepback requirements may be modified subject to the review and approval of the Architectural Review Board if the Board finds that the modification will not be detrimental to the property, adjoining properties, or the general area in which the property is located, and the objectives of the stepback requirements are satisfied by the provision of alternative stepbacks or other 22 features which reduce effective mass to a degree comparable to the relevant standard requirement. SECTION 4.Santa Monica Municipal Code Section 9.32.170 is hereby amended to read as follows: Section 9.32.170. Architectural review district boundaries. Pursuant to Section 9.32.110 of the Santa Monica Municipal Code, an architectural review district is hereby established. Said architectural review district shall be composed of all commercial, industrial and residential areas within the corporate boundaries of the City, with the exception of those areas designated as R-1 Districts by Article 9 of the Santa Monica Municipal Code, and those structures designated as landmarks or contributing structures within Historic Districts pursuant to Chapter 6 of the Santa Monica Municipal Code. Non-contributing structures located within Historic Districts shall be subject to architectural review unless otherwise exempted by the ordinance that establishes procedures for the alteration of structures within the Historic District. Single-family structures, including accessory structures, in all districts in the City except for those structures located in the R2R Medium Density Multiple Family Coastal Residential District 23 are also exempt from Architectural Review Board district boundaries. SECTION 5.Santa Monica Municipal Code Section 9.04.08.34.060 is hereby amended to read as follows: Section 9.04.08.34.060. Property development standards. All property in the M 1 District shall be developed in accordance with the following standards: (a) Maximum Building Height. Two stories and thirty feet. or with approval of a Development Review Permit for 100% affordable artist studios only, three stories and forty-five feet. For recreational facilities associated with public or private primary or secondary schools, two stories and forty-five. Within fifty feet of a residential district, no portion of any structure shall exceed the maximum permitted height of the adjoining residential district. There shall be no limitation on the number of stories of any detached parking structure so long as the height does not exceed the number of feet permitted in this Section. (b) Maximum Floor Area Ratio. 1.0 or 1.5 for development of 100% affordable artist studios with approval of a Development Review Permit. 24 (c) Minimum Lot Size. Fifteen thousand square feet. Each parcel shall contain a minimum depth of one hundred fifty feet and a minimum width of one hundred feet, except that parcels existing on the effective date of this Chapter shall not be subject to this requirement. (d) Front Yard Setback. Landscaping as required pursuant to the provision of Part 9.04.10.04. (e) Rear Yard Setback. None, except: (1) Where the rear parcel line abuts a residential district, a rear yard equal to: 5' + (stories x lot width) 50' The required rear yard may be used for parking or loading to within five feet of the rear parcel line provided the parking or loading does not extend above the first floor level and provided that a wall not less than five feet or more than six feet in height is erected and maintained along the rear commercial parcel line. Access driveways shall be permitted to cross perpendicularly the required rear yard provided the driveway does not exceed the minimum width permitted for the parking area. A required rear yard shall not be used for commercial purposes. 25 (2) That needed to accommodate landscaping and screening for a rear yard buffer required pursuant to the provisions of Part 9.04.10.04. (f) Side Yard Setback. None, except: (1) Where the interior side parcel line abuts a residential district, an interior side yard equal to: 5' + (stories x lot width) 50' The interior side yard may be used for parking or loading no closer than five feet to the interior side property line provided the parking or loading does not extend above the first floor level and provided a wall not less than five feet or more than six feet is erected and maintained along the side commercial parcel line. A required interior side yard shall not be used for access or for commercial purposes. (2) That needed to accommodate landscaping required for a street side yard, landscape buffer and screening pursuant to the provisions of Part 9.04.10.04. (3) A ten-foot setback from an interior property line shall be required for portions of buildings that contain windows, doors or other openings into the interior of the 26 building. An interior side yard less than ten feet shall be permitted if provisions of the Uniform Building Code related to fire-rated openings in side yards are satisfied. (9) Development Review. Except for projects listed in Section 9.04.10.14.050, a development review permit is required for development of more than seven thousand five hundred square feet of floor area and any development with rooftop parking. Square footage devoted to residential use shall be reduced by fifty percent calculating whether a development review permit is required. SECTION 6.Santa Monica Municipal Code Section 9.04.08.28.060 is hereby amended to read as follows: Section 9.04.08.28.060. Property development standards. For purposes of property development standards, there shall be three zoning classifications within the CM district: CM-2, CM-3 and CM-4. All property in the CM District shall be developed in accordance with the following standards: (a) Maximum Building Height and FAR. Maximum building height, number of stories and floor area ratio shall be determined as follows: 27 (1) For parcels with frontage on Second Street, and which abut residentially zoned property on at least one side yard, for that area within one hundred feet of Second Street maximum building height, number of stories, and floor area ratio shall be: Max. Max. No. Of Max. FAR if 30% of the Project is Height Stories Max. FAR Residential 27' 2 .8 1.0 (2) For all other parcels in the CM District, maximum building height, number of stories and floor area ratio shall be: Max. Max. No. Of Max. Height Stories FAR CM-2 27' 2 .8 or 1.5 for preferred proiects* CM-3 27', or 35' for 2, or 3 for 1.5, or 2.0 for Preferred Preferred Preferred Permitted Permitted Permitted projects* projects* proiects* CM-4 27', or 35' for 2, or 3 for 1.5, or 2.0 fOf Preferred Preferred Preferred Permitted Permitted Permitted projects* projects* projects* *Preferred Permitted Projects include: 100% affordable housing projects; projects that include the retention and preservation of a historic structure and comply with the Secretary of Interior's Standards for the Treatment of Historic Structufes; child day cafe centers; congregate housing; domestic violence shelters; homeless shelters with less than 55 beds; mixed use 28 commercial-residential projects where at least 90% of the floor area at the second floor and above is dedicated toward residential uses, 25% of the residential units are 3-bedroom or larger, 66% of the remaining residential units are 2 bedrooms or larger, and the project is registered with the USGBC to receive a LEED rating of silver or higher level; places of worship; senior group housing; senior housing; and transitional housing. (3) Notwithstanding the above, Preferred Permitted projects on property in the CM-4 District may be developed to a maximum height of forty-seven feet, four stories and a 2.5 FAR, provided the following conditions are met: (i) The fourth floor does not exceed more than fifty percent of the third floor footprint; (ii) The fourth floor is set back a minimum of ten feet from the third floor street frontage(s); (iii) The fourth floor is set back a minimum of five feet from the third floor side and rear yard building frontages; (iv) The fourth floor setback at the street frontage is devoted to a roof garden or unenclosed terrace; (v) The development includes residential uses equal to or exceeding the floor area of the fourth floor; 29 (vi) The front yard setback at the ground floor level is double that required pursuant to subsection (b) of this Section. (4) There shall be no limitation on the number of stories of any structure whose floor area contains fifty percent or more residential uses as long as the height does not exceed the maximum number of feet permitted in the zoning classification of the CM District in which it is located, or as allowed by Section 9.04.1 0.14.030(a) of this Chapter. For purposes of calculating the FAR of any structure within the CM District, multi-residential units devoted strictly to apartment residential uses shall be computed at one-half the actual total floor area. (b) Front Yard Setback. (1) For parcels with frontage on Second Street and which abut residentially zoned property on at least one side yard, on that portion of the parcel located within seventy-five feet of Second Street, the front yard setback shall be twenty feet or fifteen feet if the average setback of adjacent dwelling(s) is fifteen feet or less. A one-story, covered or uncovered porch, open on three sides may encroach six feet into a front yard with a twenty-foot setback, if the roof does 30 not exceed a height of fourteen feet and the porch width does not exceed forty percent of the building width at the front of the building. (2) For all other parcels in the CM District, a front yard shall be provided in accordance with Part 9.04.10.04 of this Code. (c) Rear Yard Setback. A rear yard shall be provided and maintained. Such yard shall have a minimum depth as follows: (1) CM-2 District, East of the Centerline of Main Street. No rear yard shall be required for one-story structures and for the first floor of a two-story structure, provided that any portion of the first floor which is within five feet of the rear property line is not more than nine feet in height and is fully enclosed, Le., without windows, doors or ventilation openings permitting visual access to adjoining residential property. Any portion of the first floor that either exceeds nine feet in height or is not fully enclosed shall be at least five feet from the rear property line. The minimum rear yard requirement for the second-story portion of a two-story structure shall be twenty feet. 31 (i) Use of Rear Yard. Commercial use in the required rear yard is not permitted. Noncommercial uses and parking are permitted in the rear yard to the rear property line on the ground level. (ii) Use of Roof in Rear Yard. No portion of the first-floor roof within fifteen feet of the rear property line may be used for any purpose other than access for building maintenance and repair. The remaining setback area may be privately used (not open to the public) if enclosed with a solid six-foot barrier. (iii) Exception. There shall be no rear yard setbacks required where existing parking improvements and common ownership extend through to Second Street. (2) CM-2 District, West of the Centerline of Main Street. No rear yard shall be required for a one-story structure, provided that any portion of the first-floor structure which is within five feet of the rear property line does not exceed nine feet in height. Any portion of the first floor that exceeds nine feet in height shall be at least five feet from the rear property line. The minimum rear yard requirement for the second story of a two-story structure shall be five feet. 32 (3) CM-3 District. Rear yard requirements in the CM-3 District shall be the same as those required in the CM- 2 District, west of the centerline of Main Street, for one and two story structures. A minimum fifteen-foot rear yard setback for any portion of a third story is required. (4) CM-4 District. No rear yard setback is required except as may be required in subsection (a) of this Section. (d) Side Yard Setback. None, except where the interior side parcel line abuts a residential district. In those cases, an interior side yard shall be provided equal to: 5' + (stories x lot width) 50' On lots of less than fifty feet in width, the side yard shall be ten percent of the parcel width but not less than five feet. (e) Development Review. Except for projects listed in Section 9.04.10.14.050, a development review permit is required for any development of more than seven thousand five hundred square feet of floor area. Square footage devoted to residential use shall be reduced by fifty percent when calculating whether a development review permit is required. 33 (f) For parcels in the CM-2 District: parcels shall not be consolidated nor shall lots be tied if such consolidation or lot tie results in a parcel that exceeds six thousand square feet in size. Any parcel existing on the effective date of Ordinance Number 2207 (CCS) shall not be subject to this requirement. SECTION 7.Santa Monica Municipal Code Section 9.04.08.16.060 is hereby amended to read as follows: Section 9.04.08.16.060. Property development standards. All property in the C2 District shall be developed in accordance with the following standards: (a) Front Yard Setback. Landscaping as required pursuant to the provisions of Part 9.04.10.04. The building must comply with build-to-line requirements pursuant to the provisions contained in Section 9.04.10.02.050. (b) Maximum Building Height. Two stories, not to exceed thirty feet. (c) Maximum Floor Area Ratio. The maximum floor area ratio shall be determined as follows: 34 (1) C2 District on Montana Avenue, and for permitted projects on Ocean Park Boulevard, 26th Street and Pico Boulevard: Parcel Square Footage FAR if at Least Thirty Percent of Project is Residential FAR 0-7,500 7,501- 15,000 15,001- 22,500 22,501 and up 0.60 0.40 0.75 0.75 0.35 0.65 0.25 0.55 (2) C2 District on Ocean Park Boulevard and 26th Street, for Preferred Permitted projects only* Parcel Square Footage FAR 0-7,500 0.75 7,501- 0.50 15,000 15,001- 0.45 22,500 22,501 and 0.40 up FAR if at Least Thirty Percent of Project is Residential, or if at Least Eighty Percent of the Project is a Grocery Store 0.75 0.75 0.65 0.55 (3) C2 District on Pico Boulevard, for Preferred Permitted projects only*: 35 Parcel Square Footage FAR 0-7,500 1.00 7,501- 0.70 15,000 15,001- 0.60 22,500 22,501 and 0.50 up FAR if at Least Thirty Percent of Project is Residential, or if at Least Eighty Percent of the Project is a Grocery Store 1.00 1.00 0.85 0.75 *Preferred Permitted Projects include: 100% affordable housing projects; projects that include the retention and preservation of a historic structure and comply with the Secretary of Interior's Standards for the Treatment of Historic Structures; child day care centers; congregate housing; domestic violence shelters; homeless shelters with less than 55 beds; market rate apartment and condominium buildings where 25% of the residential units are 3-bedroom or larger, 66% of the remaining residential units are 2 bedrooms or larger, and the project is registered with the USGBC to receive a LEED rating of silver or higher level; mixed use commercial-residential projects where at least 90% of the floor area at the second floor and above is dedicated toward residential uses, 25% of the residential units are 3-bedroom or larger, 66% of the remaining residential units are 2 bedrooms or larger, and the project is registered with the USGBC to receive a LEED rating of silver or higher level; places of worship; senior group housing; senior housing; and transitional housing. (d) Minimum Lot Size. Seven thousand five hundred square feet. Each parcel shall have minimum dimensions of fifty feet by one hundred fifty feet, except that parcels existing on the effective date of this Chapter shall not be subject to this requirement. (e) Rear Yard Setback. None, except: 36 (1) Where rear parcel line abuts a residential district, a rear yard equal to: 5' + (stories x lot width) 50' The required rear yard may be used for parking or loading to within five feet of the rear parcel line provided the parking or loading does not extend above the first floor level and provided that a wall not less than five feet or more than six feet in height is erected and maintained along the rear commercial parcel line. Access driveways shall be permitted to cross perpendicularly the required rear yard provided the driveway does not exceed the minimum width permitted for the pqrking area. A required rear yard shall not be used for commercial purposes. (2) That needed to accommodate landscaping and screening for a rear yard buffer required pursuant to the provisions of Part 9.04.10.04. (f) Side Yard Setback. None, except: 37 (1) Where the interior side parcel line abuts a residential district, an interior side yard equal to: 5' + (stories x lot width) 50' The interior side yard may be used for parking or loading to within five feet to the interior side property line provided the parking or loading does not extend above the first floor level and provided a wall not less than five feet or more than six feet in height is erected and maintained along the side commercial parcel line. A required interior side yard shall not be used for access or for commercial purposes. (2) That needed to accommodate landscaping required for a street side yard, landscape buffer and screening pursuant to the provisions of Part 9.04.10.04. (3) A ten-foot setback from an interior property line shall be required for portions of buildings that contain windows, doors, or other openings into the interior of the building. An interior side yard less than ten feet shall be permitted if provisions of the Uniform Building Code related to fire-rated openings in side yards are satisfied. 38 (g) Development Review. A development review permit is required for any development of more than eleven thousand square feet of floor area, except that within the C2 District on Montana Avenue, a development review permit shall be required for any development of more than five thousand square feet. Square footage devoted to residential use shall be reduced by fifty percent when calculating whether a development review permit is required. SECTION a.Santa Monica Municipal Code Section 9.04.08.22.060 is hereby amended to read as follows: Section 9.04.08.22.060. Property Development Standards. There shall be no limitation on the number of stories of any hotel, detached parking structure, or structure containing at least one floor of residential use, so long as the height does not exceed the maximum number of feet permitted in this Section. All property in the C4 District shall be developed in accordance with the following standards: (a) Maximum Height and Floor Area Ratio. (1) For parcels in the C4 District fronting on Lincoln Boulevard south of the Santa Monica Freeway, Pico Boulevard between Ocean Avenue and 4th Court, and Pico 39 Boulevard between 7th Street and 11 th Street, and for permitted projects in areas defined in subdivisions (2), (3) and (4) of this subsection (a), maximum height shall be two stories, not to exceed thirty feet, and the floor area ratio shall be determined as follows: FAR if at Least Thirty Percent of Project is Residential, or if at Least Eighty Percent of Parcel Square Footage FAR the project is a Grocery Store 0-7,500 1.0 1.0 7,501-15,000 0.70 1.0 15,001-22,500 0.60 0.85 22,501 and up 0.50 0.75 (2) For Preferred Permitted project developments* on parcels in the C4 District fronting on Broadway, Santa Monica Boulevard, and 14th Street between Pico Boulevard and the Santa Monica Freeway, the maximum height shall be two stories, not to exceed thirty feet, and the floor area ratio shall be determined as follows: FAR if at Least Thirty Percent of Project is Residential or Automobile Dealership with CUP, or if at Least Eighty Percent of the Parcel Square Footage FAR project is a Grocery Store 0-7,500 1.5 1.5 7,501-15,000 1.0 1.5 15,001-22,500 0.90 1.3 22,501 and up 0.80 1.15 (3) For Preferred Permitted project developments* on parcels in the C4 District fronting on Lincoln Boulevard 40 north of the Santa Monica Freeway, the maximum height shall be three stories, not to exceed forty-five feet, and the floor area ratio shall be determined as follows: FAR if at Least Thirty Percent of Project is Residential, or if at Least Eighty Parcel Square Footage FAR Percent of the project is a Grocery Store 0-7,500 1.5 1.5 7,501-15,000 1.0 1.5 15,001-22,500 0.90 1.3 22,501 and up 0.80 1.15 (4) For_Preferred Permitted project developments* on parcels in the C4 District fronting on Pico Boulevard between 21st Street and 31st Street, subject to Section 9.04.08.22.060(a)(5), the maximum height shall be two stories, not to exceed thirty feet, and the floor area ratio shall be determined as follows: FAR if at Least Thirty Percent of Project is Residential, or if at Least FAR with CUP Parcel Square Eighty Percent of the Pursuant to Section Footage FAR project is a Grocery Store 9.04.08.22.060(a)(5) 0-7,500 1.5 1.5 2.0 7,501-15,000 1.0 1.5 2.0 15,001-22,500 0.90 1.3 2.0 22,501 and up 0.80 1.15 2.0 *Preferred Permitted Projects include: 100% affordable housing projects; auto dealerships; projects that include the retention and preservation of a historic structure and comply with the Secretary of Interior's Standards for the Treatment of Historic Structures; child day care centers; congregate housing; domestic violence shelters; homeless 41 shelters with less than 55 beds; market rate apartment and condominium buildings where 25% of the residential units are 3-bedroom or larger, 66% of the remaining residential units are 2 bedrooms or larger, and the project is registered with the USGBC to receive a LEED rating of silver or higher level; mixed use commercial-residential projects where at least 90% of the floor area at the second floor and above is dedicated toward residential uses, 25% of the residential units are 3-bedroom or larger, 66% of the remaining residential units are 2 bedrooms or larger, and the project is registered with the USGBC to receive a LEED rating of silver or higher level; places of worship; senior group housing; senior housing; funeral parlors; and transitional housing. (5) Subject to the approval of a conditional use permit, a project on a City-owned parcel in the C4 District fronting on Pico Boulevard between 21st Street and 31st Street shall be permitted a FAR bonus and a height of three stories, forty-five feet, if the project contains a full service grocery store having at least five thousand square feet of gross floor area. (b) Minimum Lot Size. Seven thousand five hundred square feet. Each parcel shall contain a minimum depth of one hundred fifty feet and a minimum width of fifty feet except that parcels existing on the effective date of this Chapter shall not be subject to these requirements. (c) Front Yard Setback. Landscaping as required pursuant to the provisions of Part 9.04.10.04. (d) Rear Yard Setback. None, except: 42 (1) Where rear parcel line abuts a residential district, a rear yard equal to: 5' + (stories x lot width) 50' The required rear yard may be used for parking or loading to within five feet of the rear parcel line provided the parking or loading does not extend above the first floor level and provided that a wall not less than five feet or more than six feet in height is erected and maintained along the rear commercial parcel line. Access driveways shall be permitted to perpendicularly cross the required rear yard provided the driveway does not exceed the minimum width permitted for the parking area. A required rear yard shall not be used for commercial purposes. (2) That needed to accommodate landscaping and screening for a rear yard buffer required pursuant to the provisions of Part 9.04.10.04. (e) Side Yard Setback. None, except: (1) Where the interior side parcel line abuts a residential district, an interior side yard equal to: 43 5' + (stories x lot width) 50' The interior side yard may be used for parking or loading to within five feet to the interior side property line provided the parking or loading does not extend above the first floor level and provided a wall not less than five feet or more than six feet in height is erected and maintained along the side commercial parcel line. A required interior side yard shall not be used for access or for commercial purposes. (2) That needed to accommodate landscaping required for a street side yard, landscape buffer and screening pursuant to the provisions of Part 9.04.10.04. (3) A ten-foot setback from an interior side property line shall be required for portions of buildings that contain windows, doors, or other openings into the interior of the building. An interior side yard less than ten feet shall be permitted if provisions of the Uniform Building Code related to fire-rated openings in side yards are satisfied. (f) Development Review. Except for projects listed in Section 9.04.10.14.050, a development review permit is required for any development of more than seven thousand 44 five hundred square feet of floor area and for any development with rooftop parking. Square footage devoted to residential use shall be reduced by fifty percent when calculating whether a development review permit is required. SECTION 9.Santa Monica Municipal Code Section 9.04.08.26.060 is hereby amended to read as follows: Section 9.04.08.26.060. Property development standards. All property in the C6 District shall be developed in accordance with the following standards: (a) Maximum Building Height. Three stories, not to exceed forty-five feet for Preferred Permitted projects*; for all others: two stories, not to exceed thirty feet. There shall be no limitation on the number of stories of any hotel, detached parking structure, or structure containing at least one floor of residential use, so long as the height does not exceed the maximum number of feet permitted in this Section. (b) Maximum Floor Area Ratio. The maximum floor area ratio shall be determined as follows: 45 FAR for FAR for all FAR if at Least Thirty Percent of Preferred other Project is Residential, or if at Least Parcel Square Permitted permitted Eighty Percent of the project is a F ootaQe proiects* projects: Grocery Store 0-7,500 2.0 1.5 2.0 7,501-15,000 1.4 1.0 2.0 15,001-22,500 1.2 0.90 1.75 22,501 and up 1.0 0.80 1.5 *Preferred Permitted Projects include: 100% affordable housing projects; auto dealerships; projects that include the retention and preservation of a historic structure and comply with the Secretary of Interior's Standards for the Treatment of Historic Structures; child day care centers; congregate housing; domestic violence shelters; homeless shelters with less than 55 beds; market rate apartment and condominium buildings where 25% of the residential units are 3-bedroom or larger, 66% of the remaining residential units are 2 bedrooms or larger, and the project is registered with the USGBC to receive a LEED rating of silver or higher level; mixed use commercial-residential projects where at least 90% of the floor area at the second floor and above is dedicated toward residential uses, 25% of the residential units are 3-bedroom or larger, 66% of the remaining residential units are 2 bedrooms or larger, and the project is registered with the USGBC to receive a LEED rating of silver or higher level; places of worship; senior group housing; senior housing; funeral parlors; and transitional housing. (c) Minimum Lot Size. Seven thousand five hundred square feet. Each parcel shall contain a minimum depth of one hundred fifty feet and a minimum width of fifty feet, except that parcels existing on the effective date of this Chapter shall not be subject to this requirement. (d) Front Yard Setback. Landscaping as required pursuant to the provision of Part 9.04.10.04. (e) Rear Yard Setback. None, except: 46 (1) Where rear parcel line abuts a residential district, a rear yard equal to: 5' + (stories x lot width) 50' The required rear yard may be used for parking or loading to within five feet of the rear parcel line provided the parking or loading does not extend above the first floor level and provided that a wall not less than five feet or more than six feet in height is erected and maintained along the rear commercial parcel line. Access driveways shall be permitted to cross perpendicularly the required rear yard provided the driveway does not exceed the minimum width permitted for the parking area. A required rear yard shall not be used for commercial purposes. (2) That needed to accommodate landscaping and screening for a rear yard buffer required pursuant to the provisions of Part 9.04.10.04. (f) Side Yard Setback. None, except: (1) Where the interior side parcel line abuts a residential district, an interior side yard equal to: 47 5' + (stories x lot width) 50' The interior side yard may be used for parking or loading to within five feet to the interior side property line provided the parking or loading does not extend above the first floor level and provided a wall not less than five feet or more than six feet is erected and maintained along the side commercial parcel line. A required interior side yard shall not be used for access or for commercial purposes. (2) That needed to accommodate landscaping required for a street side yard, landscape buffer and screening pursuant to the provisions of Part 9.04.10.04. (3) A ten-foot setback from an interior property line shall be required for portions of buildings that contain windows, doors, or other openings into the interior of the building. An interior side yard less than ten feet shall be permitted if provisions of the Uniform Building Code related to fire-rated openings in side yards are satisfied. (g) Development Review. Except for projects listed in Section 9.04.10.14.050, a development review permit is required for any development of more than seven thousand 48 five hundred square feet of floor area and any development with rooftop parking. Square footage devoted to residential use shall be reduced by fifty percent when calculating whether a development review permit is required. SECTION 10.Santa Monica Municipal Code Section 9.56.170 is hereby amended to read as follows: Section 9.56.170. Adjustments or waivers. (a) A multi-family project applicant may request that the requirements of this Chapter be adjusted or waived based on a showing that applying the requirements of this Chapter would effectuate an unconstitutional taking of property or otherwise have an unconstitutional application to the property. (b) To receive an adjustment or waiver, the applicant must submit an application to the Director of Resource Management, or his/her designee, at the time the applicant files a multi-family project application. The applicant shall bear the burden of presenting substantial evidence to support the request and set forth in detail the factual and legal basis for the claim, including all supporting technical documentation. 49 (c) In making a determination on an application to adjust or waive the requirements of this Chapter, the Director of Resource Management, or City Council on appeal, may assume each of the following when applicable: (1) The applicant is subject to the affordable housing requirement of this Chapter; (2) The applicant will benefit from the inclusionary incentives set forth in this Chapter and the City's Municipal Code; (3) The applicant will be obligated to provide the most economical affordable housing units feasible in terms of construction, design, location and tenure. (d) The Director of Resource Management shall render a written decision within ninety days after a complete application is filed. The Director's decision may be appealed to the City Council if such appeal is filed within fourteen consecutive calendar days from the date that the decision is made in the manner provided in Part 9.04.20.24, Sections 9.04.20.24.010 through 9.04.20.24.040 of this Code. (e) If the Director of Resource Management, or City Council on appeal, upon legal advice provided by or at the 50 behest of the City Attomey, determines that applying the requirements of this Chapter would effectuate an unconstitutional taking of property or otherwise have an unconstitutional application to the property, the affordable housing requirements shall be adjusted or waived to reduce the obligations under this Chapter to the extent necessary to avoid an unconstitutional result. If an adjustment or waiver is granted, any change in the use within the project shall invalidate the adjustment or waiver. If the Director, or City Council on appeal, determines that no violation of the United States or California Constitutions would occur through application of this Chapter, the requirements of this Chapter remain fully applicable. SECTION 11.This Ordinance shall not alter or modify Ordinance Number 2186 (CCS), an interim ordinance modifying zoning regulations pertaining to automobile dealerships, associated automobile parking structures and automobile storage lots. Ordinance Number 2186 (CCS) shall remain in full force and effect. SECTION 12.This Ordinance shall apply to all development applications determined complete after November 15, 2006, unless the application includes a subdivision map which required the prior approval of the City Engineer. As to development applications requiring prior City Engineer subdivision map approval, this Ordinance shall apply to such applications determined complete after January 8, 2007. 51 SECTION 13. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 14. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every secti'on, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 15. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: 52 Approved and adopted this 3rd day of October, 2006. 4JT~ Robert T. Holbrook, Mayor State of California ) County of Los Angeles) ss. City of Santa Monica ) I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2207 (CCS) had its introduction on September 26, 2006, and was adopted at the Santa Monica City Council meeting held on October 3, 2006, by the following vote: Ayes: Council members: Bloom, Genser, McKeown, O'Connor, Noes: Council members: Katz Abstain: Council members: Mayor Holbrook Absent: Council members: Mayor Pro T em Shriver ATTEST: