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CouncIl Meetmg March 3, 1998
MAR 0 3 1998
Santa MOnIca, Califorrua
TO
The Mayor and CIty CouncIl
FROM
City Staff
SUBJECT
RecommendatIon to Introduce for FIrst Reading an Ordmance ModIfymg the
Development Standards in the C3 -C Downtown Overlay District on an Intenm
BaSIS
INTRODUCTION
Thts staff report recommends that Cay CouncIl approve for first reading a 45-day mterim
ordmance modifymg the standard applIed to the defimtlon offloor area in the C3-C Downtown
Overlay District The proposed mtenm ordmance would dIscount square footage devoted to
residentIal uses for purposes of calculatmg the development reVIew square footage threshold
BACKGROUND
On February 17, 1998 the City CouncIl directed staff to prepare an interim ordInance to discount
square footage devoted to reSidentIal uses m the C3-C Downtown Overlay Dlstnct Tills
dIrectIon was m response to a pubhc request to faCIlItate reSidentIal development m the downtown
area
DISCUSSION
Present standards proVIde that floor area dedicated to reSIdentIal uses in the C3-C Downtown
Overlay DIstnct IS elIgible to receIve a discount of 50% However, the present standards do not
allow a Similar floor area dIscount when calculatmg the square footage related to the
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MAR 0 3 198
Development Review Permit threshold The Development Review Penrut threshold establishes
when a project is subject to adnnmstratlve planmng penmts or discretionary planmng permits The
present threshold in the C3-C Overlay Dlstnct IS 30,000 square feet Any project over tlus
threshold 15 subject to discretIOnary reVlew and approval by the Plannmg Commission This
process reqUIres preparation of appropnate enVIronmental review, often consIsting of the
preparatlOn of an ImtlaI Study or EnVIronmental Impact Report (EIR)
The proposed mtenm ordinance would discount the floor area dedicated to reSidential uses for
purposes of calculating the Development Review Permit threshold ThIs approach is conSIstent
WIth Housing Element polices to encourage the production of housing m the commercial dlstncts
The mtenm ordinance would be effective for 45 days from the date of final adoption Staff WIll
return to Council WIth an extenSIOn of the mtenm ordmance, if necessary pendmg completion of a
permanent ordinance
BUDGET/FINANCIAL IMP ACT
The recommendation in the report wIll not have a budget or fiscal Impact
RECOMMENDATION
Staff recommends the Council mtroduce for first readmg the proposed intenm ordmance
Prepared by Suzanne Frick, Dtrector ofP]anrung and Commuruty Development
f\atty\mum\laws\barry\C3 -C wpd
City Counell Meetmg 3-3-98
Santa Monica, California
ORDINANCE NUMBER _ (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 Fmdmgs and Purpose The City Councll finds and declares
(a) The City has a long-standmg pohey of encouragmg residential development or Ollxed
use development m Its commercial zones
(b) In 1993, the City amended the Zomng Ordmance to condltlOnally permit residential
development in the Special Office Commercial (C5) and Industnal ConservatlOn (Ml) Districts,
and to pemut reSidential uses as a matter of right In most other commercial districts, IncludIng the
City's downtown dlstnct, the C3-C Downtown Overlay District ("C3-C DIstnct")
(c) Residential development In the City's C3-C Dlstnct helps to create an active and
VIbrant central commercIal dlstnct
(d) In addmon to perrmtting reSidentIal development in the C3-C District as a matter of
right, any floor area devoted to residential use IS eligible to receive aFAR (Floor Area RatlO)
discount offifty percent (50%)
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(e) Discounting floor area devoted to resIdential use in commercial distncts to encourage
resIdentIal development IS consistent with the CIty'S Land Use Element
(f) To further encourage new residenttal development m commercIal zones, the CIty
deSires to streamlIne the approval process for such development in comparison to other projects,
where appropnate
(g) Presently, the C3-C District standards reqUire a development reVIew permIt for any
new development of more than thirty thousand square feet of floor area No discounting for
reSIdentIal use IS authonzed
(h) The reqUirement of a development reVIew permIt adds addItIonal time and expense to
the reVIew of a project and also subjects a prOject to environmental review
(I) Given these CIrcumstances, the Zoning Ordmance reqUires reVIew and revision as It
pertams to the development review permit threshold m the C3-C Dlstnct for projects with floor
area devoted to resIdenttal use to ensure that the approval process for these projects is
streamlined as a way to further facilitate residential development
G) Pendmg the study and possible amendment of the Zonmg Ordmance, It IS necessary, on
an interim basis, to modify the eXIstmg special project deSIgn and development standards In the
C3 -C Dlstnct to prOVIde that for the purposes of asseSSIng whether a development review pernnt
IS reqUired for new development, floor area devoted to reSIdentIal uses shall be discounted by fifty
percent (50%)
(k) DIscountmg the floor area devoted to reSidential use wIll raise the threshold at which
residentIal projects must obtam a development review permIt, thereby reducmg the number of
reSIdential projects subject to tlus review
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(1) There is a current and Immediate threat to the publIc health, safety, or welfare because
opportunities to develop new housmg m the CIty without demolishmg eXIstmg housmg are very
lmuted given that the CIty encompasses only eight (8) square nules and 15 fully built out and
project applicants may choose to undertake commercial development rather than reSIdential
development unless the review process for residentIal development is streamlined Such a result is
counter to the CIty'S goal of encouragmg reSIdential development and could lead to greater traffic
rmpacts and congestIon in the City's downtown For these reasons, fatlure to adopt tlus mterim
ordmance would result m a threat to the pubhc health, safety, or welfare
SECTION 2 Intenm Zoning
No development or pemut shall be approved pursuant to Chapter 1 of Article IX of the
Santa Moruca MUllicipal Code for land In the C3 -C Downtown Overlay DIstrict unless the
followmg findmgs are made
(1) The project compltes with existing C3-C Downtown Overlay Dlstnct development
standards except, for purpose of deternunmg whether a development reVIew permIt is required
pursuant to Santa MOllica MUlliCIpaI Code Section 9 04 08 20 070(b), floor area devoted to
reSIdential uses shall be discounted by fifty percent (50%)
(2) The appltcation 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 Monica MUniCIpal Code Section 9 04 20 22 050, the City Council, by majority vote,
extends tins intenm ordinance
SECTION 4 Any provislOn of the Santa Momca Municipal Code or appendIces thereto
InCOnSIstent with the proViSIons of thIS Ordmance, to the extent of such inconSistenCIes and no
further, IS hereby repealed or modified to that extent necessary to effect the provislOns oftlus
Ordmance
SECTION 5 Ifany sectlOn, subsection, sentence, clause, or phrase of this Ordinance is
for any reason held to be mvahd or unconstitutIOnal by a deCISion of any court of competent
Junsdiction, such deCISiOn shall not affect the vahdIty of the remaming portIOns of this Ordmance
The City Council hereby declares that It would have passed tlus Ordmance and each and every
sectlOn, subsectIon, sentence, clause, or phrase not declared invahd or unconstItutional Without
regard to whether any portlOn of the ordinance would be subsequently declared mvalld or
unconstitutional
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SECTION 6 The Mayor shall sign and the City Clerk shall attest to the passage of this
Ordmance The City Clerk shall cause the same to be pubbshed once In the official newspaper
Wlthm 15 days after Its adoption Tills Ordlllance shall become effective thirty (30) days after its
adoptlon
APPROVED AS TO FORM
~ 1lIbt./ta
MARSHA mNES MOUtRrE
City Attorney
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