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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 1 NOY 1 5 fa 80 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. 2 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 3 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 1 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 2 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 3 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 4 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 5 (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. 6 (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. 7 (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. 8 (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. 9 (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. 10 (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 11 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 12 (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 13 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". 14 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. 15 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 16