SR-6-E (30)
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MAR 2 " !J98
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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
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MAR 2 It 1998
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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%)
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(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
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(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
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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
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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
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MARSHA JONES MOUTRIE
City Attorney
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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
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Marla M Stewart. CIty tlerk