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SR-8A (15) tJ/Zt:(.#/t'?V <<5 f:\atty\muni\strpts\mhs\cmop.sr2 city council Meeting 9-16-97 Santa Monica, 8A SEP 1 6 1997 California -, TO: Mayor and city COUDell FROM: City Attorney SUBJECT: Ordinance Amending Santa Monica Municipal Code Part 9.04.08.28 Regardlng Authorized Uses and Property Development Standards in the CM Main Street Commercial District Introduction At its meeting on August 26, 1997, the City Council introduced for first reading an ordinance amending the authorized uses and property development standards in the CM Main Street Commercial District. The attached Ordlnance is now presented to the City Council for adoption. RECOMIVIENDATION It is respectfully recommended that the accompanying ordinance be adopted. PREPARED BY: Marsha Jones Moutrie, City Attorney Mary H. Strobel, Deputy city Attorney SEP 1 6 1997 r'<1 A "\",,- ,> () 'Ij 't!; '~ . .. CA:f:\atty\munl\laws\mhs\cmop.2d city Council Meetlng 9-16-97 Santa Monlca, California ORDINANCE NUMBER 1884 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE PART 9.04.08.28 REGARDING AUTHORIZED USES AND PROPERTY DEVELOPMENT STANDARDS IN THE CM_MAIN STREET COMMERCIAL DISTRICT WHEREAS/ on April 16/ 1997, an application was filed for an amendment to the Zonlng ordinance to allow more than 75 seats per restaurant in restaurants located north of Ocean Park Boulevard, on the east side of Main Street ln the CM Zonlng Dlstrict; and WHEREAS, the Planning Commission adopted a Resolution of Intention to amend Part 9.04.08.28 of the Zonlng Ordinance with respect to permitted uses, uses sUbJect to a performance standards permit, uses subJect to a use permit, and conditlonally permitted uses/ for parcels in the CM District wlth frontage on Second Street and which abut residentlally zoned property on at least one side yard; and WHEREAS I the Planning Commlssion adopted a Resolution of Intention to amend Part 9.04.08.28 of the Zoning Ordinance with respect to property developMent standards for parcels in the CM 1 '" District wlth frontage on Second street and which abut residentially zoned property on at least one side yard (herelnafter collectively the "CM amendments"); and WHEREAS, the Planning Cornmlssion held public hearings on the proposed CM amendments and made recommendations to the city Council following the hearings; and WHEREAS, the city council held a public hearing on the proposed CM amendments; and WHEREAS, the Clty Councll flnds and declares that the proposed CM amendments are conslstent ln princIple with the goals, objectives, policies, land uses, and programs specified in the adopted General Plan, as speclfied below: AllowIng more than 75 restaurant seats on the east side of Block 6 of the CM2 District while still preserving the village-like atmosphere of the neighborhood through an overall seatlng cap for Block 6, and the imposition of project specific conditions of approval wIth respect to hours of operation, delivery hours and location, is consistent with Land Use Element policy 1.6.7 which requires that the number and location of larger restaurants on Main street be limited or controlled to minimize adverse impacts to the surrounding neighborhood; 2 Carefully regulating uses allowed on parcels in the CM District with frontage on Second street and which abut residentially zoned property on at least one side yard, and requiring dlscretionary review of certain commerclal uses on those parcels to ensure that the location and configuration of the use is compatible with adjacent residences furthers Land Use Element Objective 1.1 which requires that the quality of life be protected in all residential neighborhoods, and Land Use Element Objective 1.2 which states that the City must "ensure compatibility of adjacent land uses, with particular concern for protecting residential neighborhoods; II Reducing FAR, requiring Second Street setbacks and slde yard setbacks, allow~ng slde yard walls, requiring bUllding siting that minimizes noise impacts and requiring the use of bUl1ding materials that are compatible with and complement the materials used in the adjacent residential neighborhood on parcels in the CM District with frontage on Second street and which abut residentially zoned property on at least one side yard furthers Land Use Element Objectlve 1.1 which requires that the quality of life be protected in all residential neighborhoods, and Land Use Element Ob)ectlve 1.2 which states that the Clty must "ensure compatlbility of adjacent land uses, with particular concern for protecting residential neighborhoods;" and 3 WHEREAS, the publlC health, safety, and general welfare require the adoption of the proposed amendments, as specified below: The removal of the 75 seat per restaurant cap for Block 6 wlll allow greater flexibility in design and operatlon of restaurant uses on that block, wlthout compromising the quality of life for neighboring residential uses, as an overall restaurant seating cap for the Block has been malntained, and any restaurant over 50 seats is subject to discretionary review during which location specific condltions of approval can be imposed limiting hours of operation, noise levels, and other project impacts to ensure that restaurants on that Block maintain a small-scale nelghborhood serving character which lS compatible with nearby resldential and commercial uses; Carefully regulatlng uses allowed on parcels in the eM DLstrict with frontage on Second street and which abut resldentially zoned property on at least one side yard, and requiring discretionary review of certaln commerclal uses on those parcels ensures that adjacent residential uses are protected from noise, traffic and other potential impacts assoclated with commercial land uses; Reducing FAR, requiring Second street and side yard setbacks, allowing side yard walls, requiring building siting that minimizes noise impacts and requlring the use 4 of building materlals that are compatible with and complement the rnater1als used in the adjacent residential neighborhood on parcels In the CM District with frontage on Second Street and which abut residentlally zoned property on at least one side yard ensures that adjacent residential uses are protected from nOlse, traffic and other potential impacts associated with commercial land uses, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Part 9.04.08.28 of the Santa Monica Municipal Code is amended to read as follows: 9.04.08.28.010 Purpose. The CM Dlstrict is intended to protect a special, hlstoric commercial district and adjoining resldential neighborhood by recognizing: (a) The Main Street Commercial District has historically accommodated a variety of uses, includlng commerc1al and resident1al uses, WhlCh have provided dally necessities, places of employment, and leisure time opportunities for those llvlng in the surrounding community and the greater Santa Monica area, as well as for the area's large number of tourists. The Maln Street Commercial District is established to provide mixed-use 5 development to accommodate housing, retail, commerclal, overnlght vIsitor and service uses. (b) The Main street CommercIal DIstrict directly adjoins residential neighborhoods of high density but principally low to moderate scale. Further, as a coastal commercial area it also adJoins popular beach recreation areas WhlCh regularly generate a substantial transient influx. The MaIn Street Commercial District is established to encourage physical improvements of low to moderate scale which wIll continue to be compatible with nearby commercial and residential uses and which will provide a balanced supply of goods and services consistent with the historical pattern. 9.04.08.28.020 Permitted uses. (a) Except for in those areas described In subsectlon (b), the followlng uses are permitted in the "eM" Main street CommercIal District, if the use is a single use occupying less than seventy-five hundred square feet, and is conducted within an enclosed building, the ground floor Main street frontage of which does not exceed seventy-five linear feet, unless otherwise indicated: (1) Appliance repair shops. (2) Art galleries. (3) Artist studios. 6 (4) Banks and savlngs and loan institutions. (5) Barber and beauty shops. (6) Bed and breakfast facillties provlded that any dlning facillty shall be llnited to use by registered guests only. only two such facillties may be permltted in the dlstrlct. (7) Chlld day care centers. (8) co~gregate housing. (9) Domestic violence shelters. (10) Florists and plant nurserles. (11) Furniture upholsterer's shops. (12) General offices. (13) General retail uses. (14) Homeless shelters with less fifty-five beds. than (15) Laundromats, dry cleaners. (16) Librarles. (17) Medlcal, dental and optometrist facilities above the first floor provided the use does not exceed a maximum of three thousand square feet. (18) Multi-farnl1y dwelling units. (19) Print or publlshlng shops. (20) Restaurants with forty-nlne or less seats. (21) Senior housing. (22) Senlar group housing. (23) Shoe repalr stores. 7 (24) Slngle famlly dwelling units. (25) Single room occupancy housing. (26) Tallors. (27) Theaters with seventy-five or less seats. (28) Trans1tional housing. (29) Wholesale stores where the public is invited. (b) On parc~ls with frontage on Second Street, and which abut residentially zoned property on at least one side yard, on that portlon of the parcel located within 75 feet of Second Street, permitted uses are limited to: (1) All uses permltted In the OP-2 Distrlct. (2) Artist studlOS. (3) Child day care facility. (4) General offlce above the first floor, provided the use does not exceed 4,000 square feet and all access is from Main street. (5) General retail, including art gallery, provided the use does not exceed 7,500 square feet and all access is from Main Street. (6) Shoe repair shops, provided all access is from Main Street. (7) Theaters, provlded the use does not exceed 7,500 square feet and 75 seats and all access is from Maln Street. 8 9.04.08.28.030 Uses subject to performance standards permit. (a) Except for in those areas descrlbed ln subsection (b), the followlng uses may be permitted in the eM District sUbJect to the approval of a performance standards permit: (1) Sldewalk cafes. (b) On parcels wlth frontage on Second Street, and which abut residentially zoned property on at least one side yard, on that portlon of the parcel located withln 75 feet of Second street, uses permltted wlth a performance standards permit are llmited to: (1) All uses permltted subject to a performance standards permlt in the OP-2 Distrlct. 9.04.08.28.035 Uses subject to a use permit. (a) Except for ln those areas described in subsection (b), the followlng uses are permltted in the eM District subject to the approval of a use permit: (1) Outdoor newsstands. (b) On parcels with frontage on Second Street, and WhlCh abut residentially zoned property on at least one side yard, on that portion of the parcel located within 75 feet of Second Street, uses permitted with a use permit are limited to: 9 (1) All uses permitted subJect to a use permit in the OP-2 Distr1ct. 9.04.08.28.040 Conditionally permitted uses. (a) Except for ln those areas described 1n subsection (b}l the following uses may be permitted 1n the eM District subject to the approval of a conditional use perm1t: (1) Bars. (2) Billiard parlors. (3) Bowllng alleys. (4) Business colleges. (5) Catering bus1nesses. (6) Dance studios. (7) Exercise facilities. (8) Fast-food and take-out establlshments. (9) Homeless shelters with fifty-five or more beds. (10) Medical1 dental and optometrlst facillties at the first floor or in excess of three thousand square feet. (11) Meetlng rooms for charitable, youth and welfare organ1zations. (12) Museums. (13) Music conservatories and instruction facllities. 10 (14) Places of worship. (15) Restaurants wlth flfty seats or more. (16) Retail stores w~th thirty percent or less of the total linear shelf d~splay area devoted to alcoholic beverages. (17) Slgn painting shops. (18) Theaters having more than seventy-five seats. (19) Trade schools. (20) Wine shops devoted exclusively to sales of wine. There shall be no llmit on the total linear shelf display area. (21) Any otherwise perrnltted uses in the CM Main street Cornrnerclal distrlct WhlCh occupy more than seventy-five hundred square feet of floor area. (22) Any otherWlse permitted uses in the CM Maln Street Commercial distrlct the ground floor Main street frontage of which exceeds seventy-flve linear feet. (23) All uses other than specifically prohibi ted uses, that are determined by the zoning Administrator to be simllar and consistent with those uses specifically permltted, subject to performance standards, or conditlonally permitted. (b) On parcels with frontage on Second street, and which abut resldentlally zoned property on at least one 11 side yard, on that portlon of the parcel located within 75 feet of Second Street, condltionally perm1tted uses are limited to: (1) Bed and breakfast facilities. (2) Boardlng houses. (3) Communlty care facillties. (4) General Office above the first floor, provided the use is between 4,001 and 7,500 square feet and all access is from Main street. (5) Homeless shelters. (6) Libraries. (7) Medlcal, dental, and optometrist facilitles above the flrst floor, provided the use does not exceed 3,000 square feet and all access is from Maln Street. (8) Museums, provided all access is from Main Street. (9) Neighborhood grocery store over 7,501 square feet. (10) Offices and meeting rooms for charitable, youth, and welfare organizatlons. (11) One story accessory buildings over fourteen feet in height or two story accessory buildings up to a maximum height of twenty-four feet. (12) Places of worship. (13) Residential care facllities. (14) Rest homes. 12 (15) Restaurants, provJ.ded the use does not exceed 4,000 square feet and all access is from Main street. (16) Schools. (17) Theaters, provided the use is between 7,501 and 9,000 square feet and all access is from Main Street. (18) U~derground parking structures providing the parcel was occupled by a surface parklng lot at the time of adoptJ.on of thlS Chapter, the parcel is not adjacent to a lot in the C2 District, the ground level above the underground parkJ.ng structure 1S used for residential or public park and open space uses, the structure is assOCJ.ated 'i-Jith an adJacent commercially zoned parcel, and the veh1cle access to the underground parking is from the commercially zoned parcel and as far from the residentially zoned parcel as is reasonably possible. 9.04.08.28.050 Prohibited uses. The following are speClflcally prohibited ln the CM District: (a) Automobile service facilltJ.es. (b) Bars above the flrst floor. (c) Cinemas. (d) Dr1ve-in or drlve-through uses. 13 (e) F~rearms dealershlps. (f) Game arcades. (g) Hotels. (h) L1quor stores other than those conditionally permitted. (i) Motels. 9.04.08.28.Q60 property development standards. For purposes of property development standards, there shall be three zoning classiflcations within the eM district: CM-2, CM-] and CM-4. All property ln the CM District shall be developed in accordance with the following standards: (a) Maximum Buildlng Height and FAR. Maximum building height, number of stories and floor area ratio shall be determlned as follows: (1) For parcels with frontage on Second street, and which abut residentially zoned property on at least one side yard, for that area withln 100 feet of Second street maximum building helght, number of stories, and floor area ratio shall be: Max. Helght Max. No. Of Storles Max. FAR Max. FAR If 30% of the project is Resldential 27' 2 .8 1.0 14 (2) For all other parcels in the eM Dlstrict, maximum bUllding helght, number of stories and floor area ratio shall be: Max. Max. Max. Helght No. Of FAR stories CM-2 27' 2 1.5 CM-3 35' 3 2.0 CM-4 35' 3 2.0 (3) Notwithstandlng the above, property in the CM-4 Dlstrict may be developed to a maXlmum helght of forty-seven feet, four storles and a 2.5 FAR, provided the following conditions are met: (1) The fourth floor does not exceed more than fifty percent of the third floor footprint; (ii) The fourth floor lS set back a mlnimum of ten feet from the third floor street frontage(s) ; (lli) The fourth floor is set back a mlnimum of five feet from the third floor slde and rear yard building frontages; (iv) The fourth floor setback at the street frontage is devoted to a roof garden or unenclosed terrace; 15 (v) The development includes resident1al uses equal to or exceedlng the floor area of the fourth floor; (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 1n the zoning classification of the CM District in which it is located, or as allowed by Section 9.04.10.14.030(a) of thlS Chapter. For purposes of calculating the FAR of any structure Wl thin the CM Dlstrict, multi-residential units devoted strictly to apartment resldential uses shall be computed at one-half the actual total floor area. (b) Front Yard Setback. (1) For parcels wlth frontage on Second street and which abut residentially zoned property on at least one side yard, on that portion of the parcel located wlthin 75 feet of Second street, the front yard setback shall be twenty feet or fifteen feet if the average setback of adjacent dwelllng(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 16 twenty foot setback, If the roof does 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 1n the CM District, a 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 mainta1ned. Said yard shall have a m1nimum depth as follows: (1) CM-2 DIstrict, East of the Centerl1ne of Main street. No rear yard shall be requ1red for one-story structures and for the first floor of a two-story structure, provided that any portlon of the f1rst floor which is w1th1n five feet of the rear property line 1S not more than nine feet in he1ght and IS fully enclosed, 1. e. , without windovls, doors or ventIlation openings permitting visual access to adjo1n1ng residential property. Any portion of the first floor that either exceeds nine feet in he1ght or is not fully enclosed shall be at least five feet from the rear property line. The minimum rear yard requ1rement for the second-story portIon of a two-story structure shall be twenty feet. 17 (1) 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. (il) 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 requIred where existIng parkIng common ownership extend through to yard setbacks Improvements and 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. (3) CM-3 Dlstrlct. 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, 18 for one and two story structures. A minimum flfteen-foot rear yard setback for any portion of a thlrd story is required. (4) CM-4 Dl5tr1.ct. No rear yard setback 1.5 required except as may be required In subsectlon (a) of this Sectlon. (d) Side Yard Setback. None I except where the lnterior slde parcel line abuts a residential dlstrlct. In those cases, an interior side yard shall be provided equal to: 5' + (stories x lot width) 50' On lots of less than flfty feet in width, the side yard shall be ten percent of the parcel width but not less than five feet. (e) Development Review. A development reVlew permit is required for any development of more than eleven thousand square feet of floor area. 9.04.08.28.065 Deed restrictions. Prior to issuance of a bUlldlng permit for a project which has received a density or helght bonus pursuant to this Part, the applicant shall submit, for City review and approval, deed restrIctions or other legal l.nstruments setting forth the resldentlal use 19 ,. requ~rements for the project. Such restr~ctions shall be effective for the life of the proJect. 9.04.08.28.070 special project design and development standards. Projects 1n the eM District shall comply with the following specIal proJect design and development standards: (a) First-floor uses must be pedestrian oriented uses; (b) Restaurants and bars are limited to a total of two establishments per block unless otherwIse spec1fied in this Sectlon. For purposes of thlS Section, an establishment may be a restaurant, a restaurant with a bar or a bar. A restaurant with a bar shall be consIdered one establishment. A block 1S defined as both sides of Main street and the adJacent sIdes of adJoining side streets. PortIons of Main Street to be designated "Blockll for the purpose of thIS SectIon are: Block 1: South city Limits to MarIne Street. Block 2: Marine street to Pier Avenue. Block 3: pier Avenue to Ashland Avenue. Block 4: Ashland Avenue to Hill. Block 5: HIll to Ocean Park Boulevard. Block 6: Ocean Park Boulevard to Hollister Avenue (total of 4 restaurants and bars permItted in this block). Block 7: Hollister Avenue to Strand. Block 8: 20 Strand to Paclfic. Block 9: Paclfic to Bicknell. Block 10: Bicknell to Bay. Block 11: Bay to Pico Boulevard; (c) North of Ocean Park Boulevard restaurants shall be subj ect to the follmnng requirements: (1) Only one restaurant on the east slde of each block shall be permitted, (2) No more than two hundred seats per each block shall be permitted, except that no more than four hundred seats shall be permitted In Block 6; (d) On-sale alcohol outlets may not exceed twelve In number north of Ocean Park Boulevard. Of the twelve total on-sale outlets, no more than flve shall have on-sale general licenses; (e) Bars may not exceed four In number south of Ocean Park Boulevard, nor two in number north of Ocean Park Boulevard; (f) Existing uses and existing number of seats shall count toward the total number of bars and restaurants and seatlng requirements permitted within the district; (g) An existing use shall be considered no longer existing If that use is changed to another type of use or if for a period of six months, such use has not been in regular operation. Regular operation shall be considered being open for business to the general pUblic during such use's customary business hours; 21 ~ ~ (h) In structures housing mixed commerc1.al and residential uses, parking above the first floor shall be allowed. (i) S1.de yard walls up to 10 feet in height may be permitted on parcels with frontage on Second street and which abut res~dent1ally zoned property on at least one slde yard on that portlon of the parcel located with~n 75 feet of Second Street, subject to Zoning Adminlstrator approval. (j) For all parcels with frontage on Second Street and which abut residentially zoned property on at least one slde yard, pedestrlan and vehlcular access to all uses located within 75 feet of Second street shall be from Main Street, except for residentlal uses where access may be from Second street. (k) For all 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 75 feet of Second street, new development shall incorporate the following deslgn elements: (1) A landscaped buffer not less than 5 feet wide shall be provided and malntained along the entire side yard adjacent to the residentially zoned property. Landscaping in this area shall lnclude one tree per every five linear feet planted not less than five feet apart and not less than five feet in helght when planted. 22 -ll (2) Any bUllding courtyards or open publlC spaces shall lncorporate landscaping and buildlng materials designed to minimize potential noise impacts. (3) Building materials shall be nonreflective and shall complement materlals utilized in the adjacent residential neighborhood. (4) Buildings shall be sited to mlnlIDlze noise 1mpacts In the adJacent residential nelghborhood. (5) In lleu of the requirements ln this subsection (k), the Architectural Review Board may approve other buf fer ing plans, des 19ns , and bu lldi ng materials that satlsfy the intent of these requirements. SECTION 2. Any provislon of the Santa Monlca Municipal Code or appendices thereto, lnconsistent with the provislons of this Ordlnance, to the extent of such inconsistencies and no further, are hereby repealed or modlfled to that extent necessary to effect the provisions of thlS Ordinance. SECTION 3. If any sectlon, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decislon of any court of any competent jur1sdiction, such decision shall not affect the validity of the remaining portlons of this Ordlnance. The city Council hereby declares that It would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared 23 .. ~ invalid or unconstltutional without regard to whether any portion of the Ordlnance would be subsequently declared invalid or unconstitutlonal. SECTION 4 . The Mayor shall slgn and the Clty Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause this ordinance, or a summary thereof to be published once in the offlClal newspaper within 15 days after its adoption. ThlS Ordinance shall be effective 30 days from its adoption. APPROVED AS TO FORM: ,"";. -<:/ h I ! . I /' ' .' J: /1 r'; 71.:' Ji/ // "-'j ___ f , J JJ.-L-- G-I...-A'__ "'v....I.....~-G- ",' ~ MARSHA JONES MOUTRIE City Attorney 24 ~ , // ~ (X2#1- Pam O'Connor. Mavor I . State of CalIfonua ) County of Los Angeles ) ss Cny of Santa Momca ) 1. Mana M Stewart. CIty Clerk of the CIty of Santa :\1omca. do hereby certIfy that the foregomg Ordmance No 1884 (CCS) had ItS first readmg on August 26. 1997. and had Its second readmg on September 16. 1997 and was passed by the follO\vmg vote Ayes CouncIl members Ebner. Femstem. Genser. Greenberg. RosensteIn. O' Connor Noes CouncIl members Holbrook Abstam CouncIl members None Absent Council members None ATTEST '-- ~ ~ ~~._~oA- Mana M Stewart. Cl\'y Clerk