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SR-8-A (98) < . I-A CA:JL:pkgordsr City Council Meeting 12-15-92 Santa Monica, California STAFF REPORT TO: Mayor and City council FROM: city Attorney SUBJECT: Ordinance Establishing Parking Requirements for Changes of Use from Residential to Commercial or Industrial Uses on an Interim Basis and Declaring the Presence of an Emergency At its meeting on November 17, 1992, the City Council, in the context of discussing the interpretation of current parking requirements, requested an interim ordinance establishing parking requirements for changes of use from residential to commercial or industrial uses. In response to this direction, two versions of the ordinance have been prepared. The ordinance attached as Exhibit "A" would apply to all project approvals after the effective date, December 15, 1992. The ordinance attached as Exhibit "B" would exempt pending applications. RECOMMENDATION It is respectfully recommended that the City Council adopt either the ordinance attached as Exhibit "A," or the ordinance attached as Exhibit liB". PREPARED BY: Joseph Lawrence, Acting City Attorney Mary H. Strobel, Deputy City Attorney i-A- CA:MHS:pkgordjhpadv City Council Meeting 12-15-92 Santa Monica, California ORDINANCE NUMBER (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING PARKING REQUIREMENTS FOR CHANGES OF USE FROM RESIDENTIAL TO COMMERCIAL OR INDUSTRIAL USES ON AN INTERIM BASIS AND DECLARING THE PRESENCE OF AN EMERGENCY THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: section 1. Findings and Purpose. The City council finds and declares: (a) Numerous existing commercial and industrial uses in the city do not provide parking in the amount required by the city's current zoning standards (hereinafter "code parking") because such uses predate the current zoning ordinance and constitute legal non-conforming uses, which results in a lack of parking for commercial and industrial uses. (b) The City has ini tiated the process to amend Part 9.04.10.08 of the zoning ordinance concerning off-~treet parking requirements (hereinafter "Parking Amendments") to provide, among other things, that projects which involve changes of use from residential to commercial or industrial uses provide code parking for the entire parcel. The Planning Commission of the City of - 1 - EXHIBit A Santa Monica adopted a Resolution of Intention regarding the Parking Amendments on November 4, 1992, and a public hearing concerning the Parking Amendments is scheduled for January 6, 1992 before the Planning Commission. A public hearing before the city council will also be held before the Parking Amendments may be adopted. (c) If the City receives and approves applications for changes of use from residential to commercial or industrial uses in which this parking policy is implicated before adoption of the Parking Amendments, such actions would exacerbate existing parking scarcity unless an interim ordinance is adopted to prevent such approvals. (d) There is a shortage of residential housing in the City which poses a current and immediate threat to the public health, safety and welfare of the residents. Approval of projects which involve changes of use from residential to commercial or industrial uses without requiring that code parking be provided for the entire parcel encourages the change of use from residential to other uses, thereby exacerbating the current lack of residential housing. (e) If the City receives and approves applications for changes of use from residential to commercial or industrial uses in which this parking policy is implicated before adoption of the Parking Amendments, such actions would exacerbate existing residential housing scarcity unless an interim ordinance is adopted to prevent such approvals. - 2 - (f) The potential for the approval of projects which involve a change of use from residential uses to commercial or industrial use wi thout requiring code parking for the entire parcel poses a current and immediate threat to the public health, safety, and welfare of the residents, and the approval of permits for such development would result in a threat to public health, safety, and welfare by exacerbating the existing parking and residential housing scarcity in the city. SECTION 2. Interim Zoning. The Planning Commission and city staff are directed to disapprove all requests for the issuance of building permits and tentative maps, tentative parcel maps, administrative approvals, development review permits, conditional use permits, or any other City permits for projects which involve a change of use from residential use to commercial or industrial use unless parking spaces in the amount specified in Section 9.04.10.08.040 of the Zoning Ordinance are provided for the entire parcel. SECTION 3. Applicability. This ordinance shall apply to any proj ect approval after its effective date. SECTION 4. This Ordinance shall be of no further force and effect 45 days from its adoption, unless prior to that date, after a public hearing, noticed pursuant to Santa Monica Municipal Code Section 9.04.20.22.050, the city Council, by majority vote, extends the interim ordinance for an additional 10 months and 15 days. - 3 - SECTION 5. This ordinance is declared to be an urgency measure adopted pursuant to the provisions of section 9.04.20.16.060 of the santa Monica Municipal Code and section 615 of the Santa Monica City Charter. It is necessary for preserving the publ ic peace, health and safety, and the urgency for its adoption is set forth in the findings above. SECTION 6. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 7. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, 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 Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION B. The Mayor shall sign and the city Clerk shall attest to the passage of this Ordinance. The City Clerk shall - 4 - cause the same to be publ ished once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective upon adoption. APPROVED AS TO FORM: - 5 - BEFORE DISTRIBUTION CHECK CONTENT OF ALL FOR CITY CLERK'S ACTION VOTE: Af f irma ti ve : At' ~t4UI"-If-#1 / ~ ve:.. ';:--' Negatl.ve: eL ~.I#.e.1.. ( ;~..c;". ./ Abstal.n: Absent: PROOF VOTES WITH ANOTHER PERSON BEFORE ANYTHING DISTRIBUTION: ORIGINAL to be sl.gned, sealed and filed in Vault. NEWSPAPER PUBLICATION (Date: I Department originating Staff report ( Ordinance only for Attorney (Claudia Thompson) 1 Cl.ty Manager Lynne Barrette ORDINANCES ONLY 1 Agency mentl.?ned l.n document or staff report (certi f l.ed? ) DISTRIBUTION OF RESOLUTION # Counc~l Meeting Date ~~~s-;l9~ Agenda Item -# /- A- Was it amended? /Yo J6~O Introduced: /~s-/cr-? Adopted: / ~ /; S- /7'.2... ALWAYS PUBLISH ADOPTED ORDINANCE Cross out Attorney's approval ORDINANCE # Subject f1le (agenda packet) Counter file Others: (Review for Airport Auditorium BU1.1d1ng Dept. C/ED F~nance General Servo Engineering Ll.brary Manager F~re departments who need to Parking Auth. Personnel Planning Police Purchasing CARS City Yards Transportatl.on Treasurer Water SEND FOUR COPIES OF ALL ORDINANCES TO: Dolores O'Brien Santa Mon1.ca Mun1.c1.pal Court 1725 Ma1n Street, Room lIB Santa Monica, CA 90401 SEND ONE COpy OF ALL ORDINANCES TO: Donna Christensen Book Publishing Co. 201 Westlake Avenue North Seattle, WA 98109-5293 1 1 know) 61f'~ I - 1 1 Total Copies (D CA:MHS:pkgord2/hpadv city Council Meeting 12-15-92 Santa Monica, California ORDINANCE NUMBER l660(CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING PARKING REQUIREMENTS FOR CHANGES OF USE FROM RESIDENTIAL TO COMMERCIAL OR INDUSTRIAL USES ON AN INTERIM BASIS AND DECLARING THE PRESENCE OF AN EMERGENCY THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: Section 1. Findings and Purpose. The city Council finds and declares: (a) Numerous existing commercial and industrial uses in the City do not provide parking in the amount required by the City'S current zoning standards (hereinafter "code parking") because such uses predate the current zoning ordinance and constitute legal non-conforming uses, which results in a lack of parking for commercial and industrial uses. (b) The City has initiated the process to amend Part 9.04.10.08 of the zoning Ordinance concerning off-street parking requirements (hereinafter "parking Amendments") to provide, among other things, that proj ects which involve changes of use from residential to commercial or industrial uses provide code parking for the entire parcel. The Planning commission of the City of - 1 - -.... - santa Monica adopted a Resolution of Intention regarding the Parking Amendments on November 4, 1992, and a public hearing concerning the Parking Amendments is scheduled for January 6, 1992 before the Planning commission. A public hearing before the City Council will also be held before the Parking Amendments may be adopted. (c) If the city receives and approves applications for changes of use from residential to commercial or industrial uses in which this parking policy is implicated before adoption of the Parking Amendments, such actions would exacerbate existing parking scarcity unless an interim ordinance is adopted to prevent such approvals. (d) There is a shortage of residential housing in the City which poses a current and immediate threat to the public health, safety and welfare of the residents. Approval of projects which involve changes of use from residential to commercial or industrial uses without requiring that code parking be provided for the entire parcel encourages the change of use from residential to other uses, thereby exacerbating the current lack of residential housing. (e) If the city receives and approves applications for changes of use from residential to commercial or industrial uses in which this parking policy is implicated before adoption of the Parking Amendments, such actions would exacerbate existing residential housing scarcity unless an interim ordinance is adopted to prevent such approvals. - 2 - (f) The potential for the approval of projects which involve a change of use from residential uses to commercial or industrial use without requiring code parking for the entire parcel poses a current and immediate threat to the public health, safety, and welfare of the residents, and the approval of permits for such development would result in a threat to public health, safety, and welfare by exacerbating the existing parking and residential housing scarcity in the City. SECTION 2. Interim Zoning. The Planning commission and City staff are directed to disapprove all requests for the issuance of building permits and tentative maps, tentative parcel maps, administrative approvals, development review permits, conditional use permits, or any other City permits for projects which involve a change of use from residential use to commercial or industrial use unless parking spaces in the amount specified in Section 9.04.10.08.040 of the zoning Ordinance are provided for the entire parcel. SECTION 3. Applicability. This ordinance shall not apply to any project the application for which was deemed complete before December 15, 1992. SECTION 4. This Ordinance shall be of no further force and effect 45 days from its adoption, unless prior to that date, after a public hearing, noticed pursuant to Santa Monica Municipal Code section 9.04.20.22.050, the City Council, by - 3 - majority vote, extends the interim ordinance for an additional 10 months and 15 days. SECTION 5. This ordinance is declared to be an urgency measure adopted pursuant to the provisions of Section 9.04.20.16.060 of the Santa Monica Municipal Code and section 615 of the Santa Monica City Charter. It is necessary for preserving the publ ic peace, health and safety, and the urgency for its adoption is set forth in the findings above. SECTION 6. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect the provisions of this ordinance. SECTION 7. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, 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 Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 8. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The city Clerk shall - 4 - cause the same to be published once ln the official newspaper within 15 days after its adoption. This Ordinance shall become effective upon adoption. APPROVED AS TO FORM: ($\, ~ ~ JO EPH'LAwRENCE A ing city Attorney - 5 - " Adopted and approved this 15th day of December, 1992. 9z ,d'~r I hereby certify that the foregoing ordinance No. 1660 (CCS) was duly and regularly introduced at a meeting of the city Council on the 15th day of December 1992: that the said Ordinance was thereafter duly adopted at a meeting of the city Council on the 15th day of December 1992 by the following council vote: Ayes: Councilmembers: Abdo, Greenberg, Holbrook, Rosenstein, Vazquez Noes: Councilmembers: Genser, Olsen Abstain: Councilmembers: None Absent: Councilmembers: None ATTEST: ------ city