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SR-8-A (101) , t /I~ -If) R-tlJ -.] CA:MHS:pkorsr2 City Council Meeting 12-15-92 Santa Monica, California SUPPLEMENTAL STAFF REPORT TO: Mayor and city council FROM: city Attorney SUBJECT: Ordinance Establishing Parking Requirements for Changes of Use on an Interim Basis and Declaring the Presence of an Emergency Attached as Exhibits "e" and "D" are two additional versions of an urgency interim ordinance establishing parking requirements for changes of use. In addition to addressing changes of use from residential use to commercial or industrial use, the attached ordinances also address new commercial or industrial use of existing commercial or industrial structures or buildings. The ordinances provide that for any new use of an existing commercial or industrial building or structure such that the parking standard for the new use results in a requirement of more parking spaces than would be required under current code standards for the existing use, code parking shall be required for the new use. The ordinance attached as Exhibit "Cn would be effective upon adoption. The ordinance attached as Exhibit "0" would exempt pending applications. PREPARED BY: Joseph Lawrence, Acting city Attorney Mary Strobel, Deputy City Attorney A-~,; "it:) R-4 ~ ~ ~ i.-~ ~ ~ _ - 1 - CA:MHS:pkgord3jhpadvjpc 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 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 provlde 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. (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, and that new uses of existing commercial or industrial buildings or structure provide code parking for the - 1 - new use when the parking standard for the new use results in a requirement of more parking spaces than would be required for the existing use. The Planning Commission of the City of 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 - 2 - Parking Amendments, such actions would residential housing scarcity unless an adopted to prevent such approvals. exacerbate existing interim ordinance is (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. (g) When industrial or commercial uses change to other residential or commercial uses, requiring new uses to provide code parking for the entire parcel may negatively impact the ability of a site to recycle to new uses, and may require the demolition and rebuilding of existing buildings on site in order to accomodate current code parking requirements. When the new use results in no intensification of parking requirements, such that the parking standard for the new use requires no more parking spaces than was required for the previous non-conforming use, public policy is better served by allowing such recycling of uses without requiring code parking. (h) The potential for disapproval of projects which involve new use of an existing commerical or industrial building or structure and do not intensify existing parking shortage on the basis that code parking is not provided for the entire parcel - 3 - poses a current and immediate threat to the public health, safety, and welfare of the residents, and the disapproval of permits for such development would result in a threat to public health, safety, and welfare by requiring the forced nonuse of existing structures or their demolition and rebuilding when the new use would not in fact intensify existing parking shortage. 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 unless on-site parking meets the following: (a) For any new commercial or industrial use of an existing residential building or structure, code parking is provided for the entire parcel. (b) For any new use of an existing commercial or industrial building or structure such that the parking standard for the new use results in a requirement of more parking spaces than would be required under current code standards for the existing use, code parking shall be provided for the new use. SECTION 3. Applicability. This ordinance shall apply to any project approval after its effective date. - 4 - 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. 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 public 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 th1s Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether - 5 - 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 cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective upon adoption. APPROVED AS TO FORM: JOSEPH LAWRENCE Acting city Attorney - 6 - CA:MHS:pkgord4jhpadvjpc 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 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 IIcode parking") because such uses predate the current zoning ordinance and constitute legal non-conforming 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 projects which involve changes of use from residential to commercial or industrial uses provide code parking for the entire parcel, and that new uses of existing commercial or industrial buildings or structure provide code parking for the - 1 - new use when the parking standard for the new use results in a requirement of more parking spaces than would be required for the existing use. The Planning Commlssion of the city of 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 - 2 - Parking Amendments, such actions would residential housing scarcity unless an adopted to prevent such approvals. exacerbate existing interim ordinance is (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. (g) When industrial or commercial uses change to other residential or commercial uses, requiring new uses to provide code parking for the entire parcel may negatively impact the ability of a site to recycle to new uses, and may require the demolition and rebuilding of existing buildings on site in order to accomodate current code parking requirements. When the new use results in no intensification of parking requirements, such that the parking standard for the new use requires no more parking spaces than was required for the previous non-conforming use, public policy is better served by allowing such recycling of uses without requiring code parking. (h) The potential for disapproval of projects which involve new use of an existing commerical or industrial buildlng or structure and do not intensify existing parking shortage on the basis that code parking is not provided for the entire parcel - 3 - poses a current and immediate threat to the public health, safety, and welfare of the residents, and the disapproval of permits for such development would result in a threat to public health, safety 1 and welfare by requiring the forced nonuse of existing structures or their demolition and rebuilding when the new use would not in fact intensify existing parking shortage. 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 unless on-site parking meets the following: (a) For any new commercial or industrial use of an existing residential building or structure, code parking is provided for the entire parcel. (b) For any new use of an existing commercial or industrial building or structure such that the parking standard for the new use results in a requirement of more parking spaces than would be required under current code standards for the existing use, code parking shall be provided for the new use. SECTION 3. Applicability. This ordinance shall not apply to any project the application for which was deemed complete before December 15, 1992. - 4 - 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. 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 public 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 - 5 - 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 cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective upon adoption. APPROVED AS TO FORM: JOSEPH LAWRENCE Acting City Attorney - 6 -