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SR-6-E (30) ~ 1901- (pf. ~.j~iO MAR 2 " !J98 f \atty\munl\strpts\bar\C3-C sr2 City Council Meeting 3-24-98 Santa Monica, Callfomla TO Mayor and City Council FROM City Attorney SUBJECT Ordinance Modifying the Development Standards In the C3-C Downtown Overlay Dlstnct on an Interim BasIs Introduction At ItS meeting on March 3, 1998, the City Council Introduced for first reading an ordinance modifying the development standards In the C3-C Downtown Overlay Dlstnct on an Intenm baSIS The ordinance IS now presented to the City Council for adoption Recommendation It IS respectfully recommended that the accompanYing ordinance be adopted PREPARED BY Marsha Jones Moutne, City Attorney Barry Rosenbaum, Deputy CIty Attomey 1 fo6 MAR 2 It 1998 --- -- - . . ~ . f\atty\muni\laws\barry\C3-C wpd City Council Meetmg 3-24-98 Santa MOnIca, Cahfornia ORDINANCE NUMBER1907 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MODIFYING THE DEVELOPMENT STANDARDS IN THE C3-C DOWNTOWN OVERLAY DISTRICT ON AN INTERIM BASIS THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS SECTION 1 Fmdings and Purpose The CIty Councll finds and declares (a) The City has a long-standmg pohcy of encouraging reSidential development or mixed use development m its commercial zones (b) In 1993, the City amended the Zoning Ordinance to condItIOnally permit reSidential development In the SpeCIal Office CommercIal (C5) and Industrial ConservatIon (Ml) DIstncts, and to penmt reSIdentIal uses as a matter of nght In most other commercial dIstricts, mcluding the City'S downtown distnct, the C3-C Downtown Overlay Dlstnct CC3-C Distnct") (c) ReSidential development III the City'S C3-C Dlstnct helps to create an active and VIbrant central commercial distnct (d) In addition to permIttmg reSidential development In the C3 -C DIstrict as a matter of nght, any floor area devoted to residential use IS ehgIble to receIve aFAR (Floor Area RatIO) discount of fifty percent (50%) 1 -- --- - 4 . . - (e) Discounting floor area devoted to reSidential use In commercial dlstncts to encourage residential development IS conSistent WIth the City's Land Use Element (f) To further encourage new residential development in commercial zones, the City desires to streamline the approval process for such development in companson to other projects, where appropnate (g) Presently, the C3-C Dlstnct standards reqmre a development reView permit for any new development of more than thirty thousand square feet offIoor area No discounting for residential use IS authonzed (h) The reqUIrement of a development revIew penmt adds additiOnal nme and expense to the reVIew of a project and also subjects a project to envIronmental review (1) GIVen these clfcumstances, the Zonmg Ordmance requires review and reVIsion as it pertams to the development review penrut threshold In the C3-C District for projects with floor area devoted to residential use to ensure that the approval process for these projects IS streamlmed as a way to further facllitate reSidential development (j) Pending the study and possible amendment of the Zonmg Ordmance, It IS necessary, on an intenm basis, to modifY the eXIstmg specIal project design and development standards in the C3-C Distnct to provide that for the purposes of assessing whether a development reView permit 15 required for new development, floor area devoted to residenttal uses shan be dIscounted by fifty percent (50%) (k) DIscounting the floor area devoted to reSIdential use will raise the threshold at which reSidential projects must obtain a development review peront, thereby reducing the number of reSidential projects subject to tlus reVIew 2 I . . . (I) There is a current and Immediate threat to the pubhc health, safety, or welfare because opportunities to develop new housmg in the CIty without demohshmg eXIstIng housmg are very hnuted given that the City encompasses only eight (8) square mdes and IS fully budt out and project appbcants may choose to undertake commercIal development rather than resIdentlal development unless the revtew process for residentlal development IS streamlIned Such a result IS counter to the City's goal of encouragIng resIdential development and could lead to greater traffic impacts and congestion in the CIty'S downtown For these reasons, failure to adopt tills Interim ordmance would result m a threat to the public health, safety, or welfare SECTION 2 Interim Zonin!: No development or permit shall be approved pursuant to Chapter I of ArtIcle IX of the Santa MOnIca MUnIcipal Code for land In the C3-C Downtown Overlay DIstnct unless the following findIngs are made (1) The project complIes WIth existIng C3-C Downtown Overlay Dlstnct development standards except, for purpose of deternunIng whether a development review permit IS required pursuant to Santa MOllIca MuniCIpal Code SectlOn 9 04 08 20 070(b), floor area devoted to residential uses shall be discounted by fifty percent (50%) (2) The apphcatlOn for a project was deemed complete on or after February 17, 1998 SECTION 3 This ordinance shall be of no further force and effect forty-five (45) days from the date of Its adoptIOn, unless pnor to that date, after a publIc heanng, notIced pursuant to 3 , . Santa Momca Murnclpal Code Section 9042022050, the CIty CouncIl, by maJonty vote. extends this intenm ordmance SECTION 4 Any provision of the Santa Moruca Municipal Code or appendices thereto inconsistent with the proVisions ofthts Ordinance, to the extent of such mconsIstencies and no further, IS hereby repealed or modified to that extent necessary to effect the proVIsions of thIs Ordmance SECTION 5 If any section, subsection, sentence, clause, or phrase of this Ordmance is for any reason held to be invalId or unconstitutIonal by a decIsIon of any court of competent JunsdIction, 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 Ordmance and each and every sectIOn, subsectIOn, sentence, clause, or phrase not declared mvalid or unconstitutIonal Without regard to whether any portion of the ordmance would be subsequently declared mvaIid or unconstitutional 4 . . ~ . SECTION 6 The Mayor shaH sIgn and the City Clerk shall attest to the passage of this Ordinance The CIty Clerk shall cause the same to be published once m the officIal newspaper within 15 days after its adoption ThIs Ordmance shall become effectIve tlurty (30) days after Its adoptlOn APPROVED AS TO FORM ,~ ~~, ,/ ." f "I .I . , . ~,,-'....L- " J v,,~ MARSHA JONES MOUTRIE City Attorney 5 . . > ~ . ?IfL-~ Robert T Holbrook. Mayor State of CalIfornia ) County of Los Angeles) S5 CIty of Santa MOnica ) 1. Mana 1\1 Stewart. CIty Clerk of the CIty of Santa MOnica. do hereby certIfy that the foregomg Ordmance Ko 1907 (CCS) was mtroduced for first readmg on March 3. 1998. and was adopted on March 24. 1998 by the follm..vmg vote Ayes CouncIl members Ebner. Femstem. Genser. Greenberg. Holbrook. O'Connor. Rosenstem Noes CouncIl members None Abstam CounCll members' None Absent CouncIl members Kone ATTEST "- ~~-~~ Marla M Stewart. CIty tlerk