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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
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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
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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
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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
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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.
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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
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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
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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.
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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
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