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SR-8-A (59) ill. ..._~ CA:SSS:BB:se Counell Meetlng 02/24/81 - e ~ Santa Monlca, Californla STAFF REPORT 8',1} TO: Mayor and Clty Councll fEB 2 4 1981 FROM: Clty Attorney SUBJECT: Ordlnance for ~elntroduction Relating to Development Standards lD the C3 General Commerclal Dlstrlct. I~JTRODUCTION ThlS report transmlts for relntroductlon a proposed ordlnance revlSlng the property developMent standards ln the C3 General Commerclal Dlstrlct (Central BUSlness Dlstrlct). BACKGROUND In recent months lncreaSlng concern has been vOlced about probleMs assoclated wlth lncreased development ln the down- town business area, partlcularly with a rlse In vehlcular trafflc. The Plannlng COmM1SS10n consldered t~lS problem and On ~ovember 3, 1980 recoMMended to the Clty Councll that an ordlnance be adopted reduclng permlssible bUlldlng bulk and requlrlng an analysls of trafflc and parklng lmpact for new or changed development. At lts February 11, 1981 meetlng, contlnued froM February 10, 1981, Agenda Item 5-P, the City Council consldered for lntroductlon an ordlnance revlsing property development standards In the Central BUSlness Dlstrict. Followlng publ1C hearlng the Caunell dlrected the Clty Attorney to draft an ordlnance for relntroductlon, incorporatlng some provlsions of the proposed ordlnance then before lt and addlng several other prOVlslons. FEB 2 4 19o~ f-4 . - e ~~ THE PROPOSED ORDINANCE Seet~on 911GB of the Santa Monlca Mun~c~pal Code establ~shes developmentstandards for the C3 General Commerc~al D~striet. Th~s ordlnanee would add subseet~on 6, establlshlng a floor area (bulk) llmitatlon, subsect~on 7, requir~ng a parking and trafflC analysls, and subsectlon 8, prov~dlng exeeptlons to the requirements of subsectlons 6 and 7. Subsection 3 lS amended to allow a lesser rate of parklng for each use In a development upon a showlng that cOmRerclal and resldentlal uses w~th~n a buildlng wlll share park~ng spaces wlthollt substant1al confllct. Seetlon 9l16A is also amended to allow resldent~al use above the flrst floor level. The ordlnance also provldes a vested rlght standard and a hardshlp exceptlon. Sectlon 1 of the ordlnanee amends 9116A2u to permlt resldentlal use above the f~rst floor, rather than the fourth floor as presently requ1red. Seetlon 2 of the ord~nanee establlshes a floor area l~m~tatlon of 3.3 tlmes the horlzontal area of the eommerc~ally- zoned lot. It lS substantlally identlcal to the ordlnanee establlshlng a slmilar limltatlon In the CA/ep and C4 Dlstricts. The sectlon permlts the Plannlng Comm~sslon to allow overSlze bUlldlngs by lssulng a condltlonal use permlt based upon an envlronmental and fiscal analysls. It further provldes that areas devoted to apartment uses shall be computed at one-half the actual total adJusted floor area and that areas devoted to park~ng structures below the f1rst floor shall be excluded. -2- . - e . Sectlon 3 of the ordlnance requlres owners or developers of certaln proJects to prepare a park~ng and trafflc analys~s ldentlfYlng adverse impacts and measures to ellm1nate or mltigate them. Th15 analysls 1S requlred for any bUlld1ng of more than two stories and appl1es to new constructlon, addltlons to floor areas, and changes from retall to other use. Sect10n 4 provides an exceptlon to the requlrements re- gardlng bulk and park1ng and trafflc analysls. An exception may be granted by the Plannlng Dlrector,and the Plannlng Comm1ss10n on appeall upon a show1ng of severe hardsh1p, WhlCh was not created through the fault or lack of dlllgence of the appllcant. Sect10n 5 amends the off-street park1ng requ1rements in the C3_Dlstr1ct to allow a lesser rate for each use 1n a development upon a showlng to the Planning Dlrector, and the Plannlng Con~lss1on on appeall that commerc1al and res1dent1al uses wlthln a bU1ld1ng w1ll share park1ng spaces wlthout substantlal confl1ct. Sect10n 6 sets forth a vested rlght standard for proJects etherw1se subJect to thlS ord1nance. The standard 1S Slmllar to that used ~n the bulk ord~nance and prov1des that lf, on January 27, 1981, a person had expended sums 1n excess of 10% of the proJected costs of the proJect for purposes dlrectly related to the floor area of the buildlng, 1D good falth rellance on the nonexlstence of floor area llmltatlons and park1ng and trafflc study requ1rements, that person shall be deemed to have a vested rlght to complete the proJect. DeC1S1ons concernlng vested rlghts shall be made by the Planning CommlSS1on upon recommendatlon of the Plannlng Dlrector. Any dec1s10n may be appealed to the Clty Councll by any 1nterested party. -3- ~ e ALTERNATIVES The Clty Counc~l may 1ntroduce the ordlnance as drafted, mod~fy or reJect 1t. RECO~~ENDATIONS It lS respectfully recommended that the Clty Councll lntroduce the proposed ordlnance revislng the property development standards and permltted uses In the Central Business D1strlct. Prepared by: Stephen Shane Stark, Actlng Clty Attorney Bettylou Borovay, Deputy Clty Attorney Susan Carroll, Deputy City Attorney