SR-8-D (33)
PCD:PPA:SF:DM
f:\ppd\share\ccreport\lmsdorde
Council Meeting: November 15, 1994
tJQV 1 5 1994
Santa Monica, callfornia
8D~
..
TO: Mayor and City council
FROM: City staff
SUBJECT: Ordinance for Introduction and First Reading Extending
the Interim Development Standards and Permitted Uses for
Portions of the Ml and C5 Districts Located North of the
Santa Monica Freeway and East of Nineteenth Court Alley.
INTRODUCTION
This report recommends that the City council conduct a public
hearing and introduce for first reading the attached Ordinance
(Attachment A) which would extend the provisions of Ordinance 1734
(CCS) for five months, to June 10, 1995.
The Ordinance is
identical to Ordinance 1734 (CCS) which sets forth development
standards and permitted uses for the proposed Light Manufacturing
and Studio District, which is comprised of portions of the existing
M1 and! C5 Districts located north of the Santa Monica Freeway and
east of Nineteenth Court Alley.
BACKGROUND
On June 15, 1993 the city Council introduced for first reading
Ordinance 1686 (CCS), establishing interim development standards
for portions of the City located in the HI and C5 districts, north
of the Santa Monica Freeway and east of Nineteenth Court Alley. On
July 20, 1993, Council introduced for first reading Ordinance 1694
(CCS), extending the interim development standards to January of
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NOY 1 5 fa
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1995. On March 8, 1994 the Council introduced for first reading
Ordinance 1734 (CCS) which amended the existing interim ordinance.
At that time the Council also authorized staff to select a
consultant to prepare an Environmental Impact Report on the
proposed permanent standards.
In April of 1994 staff hired Christopher A. Joseph and Associates
to prepare the project EIR. Due to the staff time commitment to
the January earthquake recovery, the collection and analysis of the
project area land use base data was delayed, and therefore the
preparation of the Draft EIR by the consultant was also delayed.
The Draft ErR will be available for public review in late November
of this year.
The existing Interim Ordinance (Ordinance 1734 (CCS)) expires
January 10, 1995. In order to allow the Planning Commission and
City Council adequate time to obtain public input and adopt
permanent standards, it is necessary to extend the interim
ordinance. As stated above, the Draft EIR will be available in
late November. Based on this schedule, the EIR and plan will be
before the Planning commission in February of 1995 and the city
council in March or April of 1995. Therefore, staff is
recommending that the interim ordinance be extended for a period of
five months, to June 10, 1995 to allow sufficient time for Planning
Commission and City Council review of the permanent standards.
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BUDGET/FINANCIAL IMPACTS
The recommendation presented in this report does not have a budget
or fiscal impact.
RECOMMENDATION
It is recommended that he City Council adopt the attached
Ordinance, which extends the existing interim ordinance to June 10,
1995.
Prepared By:
Suzanne Frick, Director of PCD
Paul Casey, Acting senior Planner
David Martin, Associate Planner
Planning and community Development Department
Policy and Planning Analysis Division
Attachment:
A. Proposed Ordinance
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CA:f:\atty\muni\laws\mhs\m1c5dist.5
City Council Meeting 11-15-94
Santa Monica, Californla
ORDINANCE NUMBER
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
ESTABLISHING INTERIM DEVELOPMENT STANDARDS FOR
PORTIONS OF THE CITY LOCATED IN SELECTED AREAS OF THE
Ml AND C5 DISTRICTS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Findinqs and Purpose. The Clty Councll flnds and
declares:
(a) At its March 16, 1993 meeting, the City council
approved a motion directing staff to study selected areas of the C5
and Ml districts (the "Interim Zoning study Area") and to conduct
environmental review of an option which would rezone the area to a
new zoning designation to be known as "Ml/RD". The Interim Zoning
Study Area lS shown on the map attached hereto and incorporated
hereln as "Exhibit A".
Certain portions of the Interim Zonlng
Study Area are further designated as the IlSpeclal Study Zone" on
the map attached hereto as "Exhibit All.
(b) In order to protect the public health, safety and
welfare, it is necessary, pending completion of the study and re-
zoning of these areas to a zoning designation consistent with the
City Council's direction, to llmit on an lnterlm basis the maximum
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building height, floor area ratio, and permitted uses for the study
area.
(c) On March 16, 1993, the city Council directed staff
to prepare an interim ordinance to implement the development
standards proposed for the MljRD dlstrict. On June 15, 1993, the
city council adopted Ordinance No. 1686 (CCS), establishing interim
development standards for the Interim Zoning study Area for a
period of forty-five days.
(d) On July 20, 1993, the city council adopted Ordinance
No. 1694 (CCS), extending the interim development standards to
January 10, 1995, ln order to allow staff adequate time to analyze
the proposed rezoning and to conduct the required environmental
review.
(el On September 28, 1993, the city council adopted
Ordinance No. 1707 (CCS) I which modified the interim ordinance in
order to protect city services and infrastructure and otherwlse
effectuate city POllCY.
(f) On March 22, 1994 the City Council adopted Ordinance
No. 1734 (CCS) which modified the interim ordinance to allow
existing primary schools a reasonable opportunity to expand at
their current locations. Ordinance No. 1734 lS due to expire on
January 10, 1995.
(g) Since the adoption of Ordlnance No. 1734 (CCS), a
consul tant has been hired to prepare an Environmental Impact Report
on the proposed standards. A Draft Environmental Impact Report
will be available in November 1994. In order to provide adequate
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time for the planning Connlsslon and City Council to obtain public
input and adopt perrranent standards, it is necessary to extend the
interim ordinance until June 10, 1995.
(h) There eXlsts a present and im~ediate threat to the public
safety health and welfare should the interim ordinance not be
modified and should development inconsistent wlth the contemplated
re-zoning of these areas be allowed to occur. Thus it is necessary
to extend the li~itations on maxi~un bUllding height, floor area
ratio, and perMitted uses for the study area for an additional
three months, until June 10, 1995.
SECTION 2. Interim Zoninq. Sub] ect to the provisions of
Sections 3 and 4 of this ordlnance, the Planning commission and
city staff are dlrected, after June 23, 1993, to disapprove any
request for the issuance of a bUlldlng per~lt, a tentative map, a
tentative parcel map, an admlnlstrative approval, a development
review permit, a conditional use pernit, or any other city permit
for the constructlon, erection, conversion, or moving of any
structure located ln the area deslgnated as the Interim Zoning
study Area on the map attached hereto as "Exhibit All, unless the
project complies with the following development standards:
(A) PerMitted Uses.
(1) The following pri~ary uses shall be permitted
if conducted wlthln an enclosed bUilding (except where otherwise
permitted), provlded any offlce space included therewith is
directly related to, ancillary to, and supportive of the primary
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permitted use on the same site and does not exceed fifty percent
(50%) of the gross floor area of the primary use:
(a) Artist studios and art galleries.
(b) Automoblle repalr and automobile painting
facilities except those within 100 feet of a residential district.
(c) Dance studios.
(d) Domestic violence shelters.
(e) Establishments engaged in research
to, or the development, manufacturing, fabricating,
testing, repair, servicing, or processlng of, the
relating
assembly,
following:
englnes.
goods.
meta l.
cardboard.
(1)
Aircraft
than
parts
other
(11) Apparel except leather and fur
(iii)
(iv)
(v)
Audio products.
Metal, wood or canvas awnings.
Coated, plated, and engraved
(vi)
(vii)
(viii)
(ix)
Communication equipment.
Cut stone and stone products.
Dance studios.
Diecut paper and paperboard, and
accessories.
(x)
Electric
and
components
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equipment.
ware.
and artists materials.
toilet preparations.
watches, and clocks.
apparatus.
controlling instruments.
athletic goods.
(xi) Electric lighting and wiring
(xii)
(xiii)
(xiv)
(xv)
(XV1)
(xvii)
(xviii)
(xix)
(xx)
(xxi)
(xxii)
(xxiii)
(XX1V)
(xxv)
(xxvi)
(XXVil)
Fabricated textile products.
Furniture and fixtures.
Glass products.
Jewelry, silverware, and plated
Luggage.
Musical instruments and parts.
Office machines.
Paperboard containers and boxes.
Pens, pencils, and other office
Perfumes, cosmetics, and other
Pharmaceutical products.
Photographlc and optical goods I
Plumb1ng fixtures and heating
Pottery and related products.
Professional, scientific, and
Toys, amusements, sporting and
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(xviii) Wooden contalners.
(xxix) Food products, except that no
food consumption by the public or food take-out by the publlC shall
be permitted.
(xxx) Products which are determined by
the Zoning Administrator to be slmllar to those listed above and
which are consistent with, and not associated with more disturbance
or disruption than, permltted products.
(f) On-slte production facillties for
advertising purposes.
(g) Estab11shments engaged ln the wholesale
distrlbution of the following:
(i) Dry goods and apparel.
(ii) Electrlcal goods.
(ili) Groceries and related products,
except unpackaged or unprocessed poultry and poultry products, fish
and seafood, and fruit and vegetables.
(iv) Hardware, plumbing, heating
equlpment and supplies.
(v)
Machlnery,
equipment,
and
supplies, except farm machinery and equlpment.
(Vl) Motor vehlcles and automotive
equipment.
(vii)
Paper,
paper products,
and
kindred supplles.
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(viii)
Pharmaceutical
products
and
allied products.
(h) Homeless shelters with less than 55 beds.
(i) Photography studios.
(J) PubllC or private schools eXlsting prior
to September, 1988.
(k) Public utility service centers and service
yards.
(1) Public utlllty substations.
(m) Self storage or public mini-warehouses.
(n) Veterlnary cllnics.
(0) Warehouses.
(p) Uses which are determined by the Zoning
Adminlstrator to be similar to those listed above and which are
consistent with, and not more disturbing or disruptive than,
permitted uses.
(2) The following primary uses shall be permitted
lf conducted wlthin an enclosed bUlldlng (except where otherwise
permitted) and may include offlce space, which does not exceed
fifty percent (50%) of the gross floor area of the primary use, so
long as the office space is directly related, ancillary tOI and
supportlve of the primary use located on the same site:
(a) B r 0 a d cas tin g / com In u n i cat 1 0 n s ,
telecommunications facilities.
(b) Design studios and offices for architects.
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(c) Draftlng,
reproduction serVlces.
(d) Laboratories and facilities for medical
prlntlng,
blueprinting and
testing and scientlflc research development and testing.
(e) Publlshlng facilities.
(f) Software and other computer-related
production facilities.
(g) studios and offices for graphic desJ.gners.
(h) Outdoor or enclosed entertainment-related
facilltles including, without limitation, movie studios and
production facili ties, distribution facilities, editing facilitles,
caterlng facilities, printing facllltles, post-productlon
facllities, set construction facilities, sound studios, speclal
effects facilities and other entertainment-related productlon
operatlons.
(i) All uses customary or incidental to the
production or dlstrlbution of motion pictures and other forms of
audio/visual products, includlng, but not limited to, education and
entertainment films or tapes.
(J) Uses which are determined by the Zoning
Administrator to be similar to those listed above and which are
conslstent with, and not more dlsturbing or disruptive than,
permitted uses.
(3) General off ice uses existing as of June 26,
1993, shall be permitted provlded that such uses may not expand by
more than ten percent (10%) ln floor area.
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(4) Service statlons shall be permitted provided
that they are not located wlthln 100 feet of a residential district
and they comply wlth Sectlon 9.04.12.130 of the Munlclpal Code.
(5) Restaurants with 500 square feet of floor area
or less shall be permitted.
(6) No use, involving the manufacture, processing,
or treatment of products, which by nature of the operation is
likely to be obnoxious or offenslve, whether by reason of emission
of odor, dust, smoke, noxious gases, noise, vibration, glare, or
heat or by reason of other impacts or hazards relatlng to
materials, process, product wastes or by other methods, shall be
permltted unless mitlgatlon measures are submitted and are
acceptable to the Zoning Administrator.
(B) Condltlonally Permltted Uses.
may be permltted subject to the issuance of
Permit:
The following uses
a Conditional Use
(1) Automobile dealerships.
(2) Automobile repair and automoblle painting
facilities, and expanslon of eXlsting facilities within 100 feet of
any resldentlal dlstrlct.
(3) Child day care centers.
(4) Health clubs and gymnaslums.
(5) Homeless shelters wlth 55 beds or more.
(6) Outdoor storage of fleet vehlcles if such
vehicles are directly related to the primary lndustrial or
manufacturing operation on the site.
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(7) Parklng and automobile storage lots and
structures.
(8) Places of worship.
(9) Residential uses
located
in
the
area
deslgnated as the Special study Zones on the map attached hereto as
IIExhibit A".
(10) Restaurants with over 500 square feet of floor
area.
(11) Retail sales of goods manufactured on the
premises, provided that the floor space devoted to such use does
not exceed twenty percent (20%) of the gross floor area of the
primary permitted use or 2,000 square feet, whichever is less.
(12) SerVlce stations within 100 feet of any
residential district.
(13) New publlC or private schools.
(14) Any use of the transportation right of way for
other than transportation purposes.
(15) Uses which are determlned by the Zoning
Administrator to be slmilar to those listed above and which are
consistent with, and not more disturbing or disruptive than,
condltlonally permltted uses.
(16) Any use permitted by section 2 (A) (2) above in
which office space exceeds flfty percent (50%) of the gross floor
area of the primary use, so long as the office space lS directly
related, ancillary to, and supportive of the prlmary use located on
the same site.
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(C) Proh1b1ted Uses.
prohibited:
The following uses shall be
(1) Rooftop parking on parcels directly abutting,
or separated by an alley from, a residential dlstrict.
(2) New general office uses.
(3) Any use not specifically authorized as a
permltted or conditionally permitted use.
(D) Property Development Standards. All property in the
area designated as Interim Zonlng study Area on the map attached
hereto as "Exhibit A" shall be developed in accordance w1th the
following standards:
(1) Maximum Building Height. The maximum building
height shall be two (2) stories, not to exceed 30 feet, except that
for projects involving the expansion of publlC or private
elementary and secondary schools (Grades K through 12) existing
prior to September 8, 1988, a maximum height of four stories, 45
feet, shall be permitted. For projects located on property in the
area designated Special study Zone on the map attached hereto as
"Exhiblt All, a maximum height of four (4) stories, not to exceed 45
feet, may be permitted with the approval of a Condltional Use
Permit for projects containlng at least 75 per cent residential
uses. There shall be no limitation on the number of stories of any
detached parklng structure so long as the height does not exceed
the number of feet permitted in the district.
(2) Maximum Floor Area Ratio. Maximum Floor Area
Ratio shall be 1.0, except that for projects involvlng the
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expansion of public or private elementary and secondary schools
(Grades K through 12) eXlstlng prior to September 8, 1988, a
maXlmum floor area ratio of 1.5 shall be permltted. For projects
located on property within the area deslgnated Special Study Zone
on the map attached hereto as "Exhibit All, the Maximum Floor Area
ratio shall be .65, except that a maximum floor area ratio of 1.5
may be permitted with the approval of a Conditional Use Permit for
proJects contalning at least 75 per cent residential uses on such
Special Study Zone designated property.
(3) Minimum Lot Size. The mlnlmum lot size shall
be 15,000 square feet. Each lot shall contain a minimum depth of
150 feet and a minimum wldth of 100 feet, except that lots existing
on September 8, 1988 shall not be subject to this requlrement.
(4) Front Yard Setback. All landscaping shall be in
accordance with the provisions of Part 9.04.10.04 of the Santa
Monica Munlc~pal Code.
(5) Rear Yard Setback. No rear yard setback shall
be required except:
(a) Where the rear parcel line abuts a
residential district, a rear yard equal to:
51 +(stories x lot width)
50'
shall be required.
The required rear yard may be used for parking or loading
to within five (5) feet of the rear parcel llne provided the
parking or loading does not extend above the first floor level and
provlded that a wall not less than flve (5) feet or more than six
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(6) feet in height is erected and maintained along the rear
commercial parcel llne.
Access shall be permitted to cross
perpendicularly the required rear yard provided the driveway does
not exceed the mlnlmum wldth permltted for the parking area. A
required rear yard shall not be used for commercial purposes.
(b) Such rear yard setback as is necessary to
accommodate landscaplng and screenlng for a rear yard buffer
required pursuant to the provisions of Part 9.04.10.04 of the Santa
Monica Municipal Code.
(6) Slde Yard Setback. No slde yard setback shall
be required except:
(a) Where the lnterior side parcel llne abuts
a residential dlstrlct, an lnterlor slde yard equal to:
5' +(storles x lot width)
50'
shall be required.
The interior side yard may be used for parking or loading
no closer than five (5) feet to the interior side property line
provided the parking or loading does not extend above the first
floor level and provided a wall not less than five (5) feet or more
than six (6) feet in height is erected and maintained along the
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side commercial parcel line. A required lnterior side yard shall
not be used for access or for commercial purposes.
(b) Such side yard setback as 1S needed to
accommodate landscap1ng required for a street side yard, landscape
buffer and screening pursuant to the provisions of Part 9.04.10.04
of the Santa Monica Mun1cipal Code.
(c) For portlons of buildings that contain
windows, doors, or other openlngs into the interior of the
building, a ten (10) foot setback from an interior property line
shall be required. An lnterior slde yard setback of less than ten
(10) feet shall be permitted 1f provisions of the Uniform Building
Code related to flre-rated open1ngs ln slde yards are satisfied.
(E). Development Review. A Development Review Permit is
required for any development of more than 30,000 square feet of
floor area and for any development with rooftop parking.
(F)
Architectural Review.
All new construct1on, new
addit10ns to eXlsting bUlldings, and any other exterior
improvements that require issuance of a building permit shall be
subject to architectural review pursuant to the provisions of
Chapter 9.32 of the Santa Monica Municipal Code.
SECTION 3. Applicability. SubJect to Sectlon 4 of this
Ordinance, the requirements of Section 2 of this Ordinance shall
apply to all projects developed on any property in an area
designated Interim Zoning Study Area on the map attached hereto as
"Exhibi t A".
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SECTION 4. Exemptions. The following applications are exempt
from the provisions of Section 2 of th1S Ordinance:
(A) Any buildlng or structure for which a building
permit, which has not yet expired, was 1ssued on or before June 15,
1993, but which has not obtained a Certlflcate of Occupancy as of
the effective date of this Ordinance.
(B) Any project for which a vesting tentative map
application was filed and deeMed complete on or before June 15,
1993, which tentative nap has not yet expired.
(C) Any project located on a property subject to a
Development Agreement as of the effective date of this Ordinance.
SECTION 5. This Ordinance shall be of no further force and
effect after June 10, 1995, unless prior to that date, after a duly
noticed public hearing, the City Council, by majority vote, extends
the interim ordinance as provided in section 9.04.20.16.060 of the
Santa Monica Municipal Code.
SECTION 6. Any provlsions of the Santa Monica Municipal Code
or append1ces thereto lnconsistent T.-lith the provisions of this
Ordinance, to the extent of such lnconslstencies and no further,
are hereby repea 1 ed or rod 1 fled to that extent necessary to
effectuate the provisions of this Ord1nance.
SECTION 7. Ordinance No. 1734 (CCS) 15 hereby repealed.
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SECTION 8.
If any section, subsection, sentence, clause or
phrase of this Ordinance is for any reason held to be invalid or
unconsti tutional by a decision of any court of any competent
jurisdiction, such decislon shall not affect the validity of the
remaining portions of this Ordlnance.
The Cl ty council hereby
declares that it would have passed this Ordinance, and each and
every section, subsectlon, sentence, clause, or phrase not declared
invalid or unconstitutlonal wlthout regard to whether any portion
of the Ordinance would be subsequently declared invalid or
unconstitutlonal.
SECTION 9.
The Mayor shall sign and the city Clerk shall
attest to the passage of this Ord1nance.
The City Clerk shall
cause the same to be published once in the offlcial newspaper
within 15 days after its adoption.
This Ordinance shall become
effective 30 days from its adoptlon.
APPROVED AS TO FORM:
~~Jt,..~
MARSHA J~ES MOUTRIE
City Attorney
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