SR-8-D (35)
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CA:f:\atty\muni\strpts\mlc5dist.6
City council Meeting 11-22-94
80
Santa Monica, cal'o~f~~
STAFF REPORT
TO: Mayor and City council
FROM: City Attorney
SUBJECT: Ordinance Establishing Interim Development Standards for
Portions of the city Located in Selected Areas of the
M1 and C5 Districts
At its meeting on November 15, 1994, the City Council
introduced for first reading an ordinance establishing interim
development standards for portions of the City located in selected
areas of the M1 and C5 Districts. The ordinance is now presented
to the city Council for adoption.
RECOMHEHDAT:rON
It is respectfully recommended that the accompanying
ordinance be adopted.
PREPARED BY: Marsha Jones Moutrie, City Attorney
NOV 2 2 199't
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CA:f:\atty\munl\laws\mhs\mlc5dist.6
City council Meeting 11-22-94 Santa Monica, California
ORDINANCE NUMBER 1777
(Clty Councll Serles)
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. Findlnqs and Purpose. The city Councll flnds and
declares:
(a) At its March 16, 1993 meeting, the City Council
approved a motlon dlrectlng staff to study selected areas of the C5
and Ml districts (the "Interlm Zoning study Area") and to conduct
environmental review of an option which would rezone the area to a
new zoning deslgnation to be known as llMl/RD". The Interim Zonlng
study Area is shown on the map attached hereto and lncorporated
here~n as "Exh~bit A".
certain portions of the Interim Zoning
Study Area are further designated as the "Speclal Study Zone" on
the map attached hereto as "Exhibit A".
(b) In order to protect the publlC health, safety and
welfare, it is necessary, pending completion of the study and re-
zoning of these areas to a zoning designation conslstent with the
City Council's dlrection, to limlt on an interim baSlS the maXlmum
1
bUllding height, floor area ratio, and permitted uses for the study
area.
(c) On March 16, 1993, the Clty Council directed staff
to prepare an interim ordinance to implement the development
standards proposed for the Ml/RD district. 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 Clty Council adopted Ordlnance
No. 1694 (CCS), extendlng the interim development standards to
January 10, 1995, in order to allow staff adequate tlme to analyze
the proposed rezoning and to conduct the required envlronmental
review.
(e) On september 28, 1993, the city council adopted
ordinance No. 1707 {CCS}, WhlCh modifled the lnterlm ordinance ln
order to protect clty services and lnfrastructure and otherwise
effectuate city policy.
(f) On March 22, 1994 the Clty Council adopted Ordlnance
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 is due to expire on
January 10, 1995.
(g) since the adoptlon of Ordinance No. 1734 (CCS), a
consultant has been hired to prepare an Environmental Impact Report
on the proposed standards. A Draft Environmental Impact Report
will be aval1able in November 1994. In order to provide adequate
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time for the plannlng commission and city council to obtain public
input and adopt permanent standards, it is necessary to extend the
lnterim ordinance until June 10, 1995.
(h) There exists a present and lmmediate threat to the pUblic
safety health and welfare should the interlm ordinance not be
modified and should development inconslstent with the contemplated
re-zoning of these areas be allowed to occur. Thus it is necessary
to extend the limitations on maXlmum building height, floor area
ratio, and permltted uses for the study area for an additlonal
three months, untll June 10, 1995.
SECTION 2. Interim Zoning. Subject to the provlslons of
Sections 3 and 4 of this ordinance, the Planning Commission and
City staff are directed, after June 23, 1993, to disapprove any
request for the issuance of a bUlld~ng permlt, a tentative map, a
tentatlve parcel map, an adThlnistrative approval, a development
reVlew permlt, a condltlonal use permlt, or any other City permit
for the construction, erection, conversion, or moving of any
structure located in the area deslgnated as the Interim Zoning
study Area on the map attached hereto as "Exhibit A", unless the
project complies with the follow~ng development standards:
(A) Permitted Uses.
(l) The following primary uses shall be permitted
if conducted wlthin an enclosed building (except where otherwise
permitted), provided any office space included therewith is
dlrectly related to, ancillary to, and supportlve of the primary
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permitted use on the same slte and does not exceed f~fty percent
(50%) of the gross floor area of the primary use:
(a) Artist studios and art galleries.
(b) Automobile repair and automobile palnting
faCllities except those within 100 feet of a resident~al district.
(c) Dance stUd10S.
(d) Domestic violence shelters.
(e) Establishments engaged in research
to, or the development, manufacturing, fabricating,
testing, repair, servicing, or processing of, the
relating
assembly,
following:
englnes.
goods.
metal.
cardboard.
accessories.
( ~)
Alrcraft
other
than
parts
(ii) Apparel except leather and fur
(iii)
( iv)
(v)
Audio products.
Metal, wood or canvas awnlngs.
Coated, plated, and engraved
(vi)
(vii)
(vlii)
(ix)
Communicatlon equlpment.
Cut stone and stone products.
Dance studios.
Diecut paper and paperboard, and
( x)
Electric
components
and
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equlpment.
ware.
and artlsts materlals.
toilet preparations.
watches, and clocks.
apparatus.
controlllng lnstruments.
athletic goods.
(xi) Electric lighting and wiring
(xii)
(xiil)
(xiv)
(xv)
(xvi)
( xvi i )
(XVill)
(xix)
(xx)
( xx 1 )
(XXil)
(xxiil)
(xxiv)
( xxv)
(XXV1)
(xxvii)
Fabrlcated textile products.
Furnlture and fixtures.
Glass products.
Jewelry, silverware, and plated
Luggage.
Musical instruments and parts.
Offlce machines.
Paperboard containers and boxes.
Pens, pencils, and other office
Perfumes, cosmetlcs, and other
Pharmaceutical products.
Photographlc and optical goods,
Plumbing fixtures and heating
Pottery and related products.
Professional, scientiflc, and
Toys, amusements, sporting and
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(xviii) Wooden containers.
(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 deternl1ned by
the Zoning Administrator to be sim~lar to those listed above and
which are conslstent with, and not assoclated with more d~sturbance
or disruption than, permitted products.
(f) On-slte production facillties for
advertising purposes.
(g) Establlshrnents engaged in the wholesale
dlstribution of the followlng:
(i) Dry goods and apparel.
(ii) Electrlcal goods.
(iii) Grocerles and related products,
except unpackaged or unprocessed poultry and poultry products, fish
and seafood, and fruit and vegetables.
(lV) Hardware, plumbing, heatlng
equlpment and supplies.
(v) Machlnery, equipment, and
supplies, except farm machinery and equipment.
(vi) Motor vehicles and automotive
equipment.
(vii)
Paper I
paper products,
and
kindred supplies.
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(V11i)
Pharmaceutical
products
and
allied products.
(h) Homeless shelters wlth less than 55 beds.
(i) Photography studios.
(j) Public or private schools exist1ng prior
to September, 1988.
(k) Publ1C utility serVlce centers and service
yards.
(1) Public util1ty substat~ons.
(m) Self storage or publ1C mlni-warehouses.
(n) Veterinary clin1cs.
(0) Warehouses.
(p) Uses Wh1Ch are determined by the zoning
Admlnistrator to be similar to those listed above and WhlCh are
consistent with, and not more disturbing or disruptive than,
perm1tted uses.
(2) The following primary uses shall be permitted
1f conducted withln an enclosed bu~lding (except where otherwise
permitted) and may include office space, w.hich does not exceed
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 pr1mary use located on the same site:
(a) B r 0 ad cas tin g I com m u n i cat ion s ,
telecommunications facilit1es.
(b) Deslgn studios and offices for archltects.
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(c) Drafting,
reproduction services.
(d) Laboratories and facilitles for medical
printing,
blueprinting and
testing and scientiflc research development and testing.
(e) Publishing faCllities.
(f) Software and other computer-related
production facilities.
(g) Studios and offices for graphic designers.
(h) Outdoor or enclosed entertainment-related
faclllties includlng, without 11mitation, movie studios and
productlon facllitles, distrlbution facilities, editlng facllities,
catering facilitles, printlng facilltles, post-production
facilities, set construction facllities, sound studios, special
effects fac~litles and other entertainment-related production
operations.
(i) All uses customary or lncldental to the
production or distribution of motion plctures and other forms of
aUdio/visual products, includlng, but not limited to, educatlon and
entertalnment fllms or tapes.
(j) Uses which are determined by the Zoning
Adminlstrator to be slmilar to those listed above and WhlCh are
conslstent wlth, and not more disturbing or disruptlve than,
permitted uses.
(3) General offlce uses existing as of June 26,
1993, shall be permltted provided that such uses may not expand by
more than ten percent (lO%) ln floor area.
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(4) service stations shall be permitted provlded
that they are not located wlthln 100 feet of a residential district
and they comply w~th section 9.04.12.130 of the Municipal Code.
(5) Restaurants with 500 square feet of floor area
or less shall be perrnltted.
(6) No use, involving the manufacture, processing,
or treatment of products, WhlCh by nature of the operation is
likely to be obnoxious or offensive, whether by reason of emission
of odor, dust, smoke, nOXlOUS gases, noise, vibration, glare, or
heat or by reason of other impacts or hazards relating to
materlals, process, product wastes or by other methods, shall be
permltted unless mitigatlon measures are submitted and are
acceptable to the Zoning Administrator.
(B) condltionally Permitted Uses. The following uses
may be permitted subject to the issuance of a Conditional Use
Permit:
(1) Automoblle dealershlps.
(2) Automoblle repair and automobile pa~nting
facllities, and expansion of existlng facillties within 100 feet of
any reSldentlal district.
(3) Child day care centers.
(4) Health clubs and gymnasiums.
(5) Homeless shelters with 55 beds or more.
(6) Outdoor storage of fleet vehicles if such
vehlcles are directly related to the prlmary industrial or
manufacturing operation on the site.
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(7) parking and automobile storage lots and
structures.
(8) Places of worsh1p.
(9) Residential uses located in the area
designated as the Special study Zones on the map attached hereto as
"Exhibit An.
(10) Restaurants with over 500 square feet of floor
area.
(II) 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
pr1mary perm1tted use or 2,000 square feet, whichever 1S less.
(12) Service stations within 100 feet of any
resldential district.
(13) New public or private schools.
(14) Any use of the transportation right of way for
other than transportation purposes.
(15) Uses which are determined by the Zoning
Admlnistrator to be siml1ar to those l~sted above and WhlCh are
consistent with, and not more disturbing or disruptive than,
cond~tlonally permitted uses.
(16) Any use permltted by sectlon 2 (A) (2) above in
which office space exceeds fifty percent (50%) of the gross floor
area of the primary use, so long as the office space is directly
related, ancillary to, and supportive of the primary use located on
the same site.
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(e) Prohib1ted Uses.
prohiblted:
The follow1ng uses shall be
(1) Rooftop parking on parcels d1rectly abuttlng,
or separated by an alley from, a resident1al d1strict.
(2) New general office uses.
(3) Any use not specifically authorized as a
permitted or conditionally permitted use.
(D) Property Development Standards. All property in the
area designated as Interim Zoning study Area on the map attached
hereto as lIExhlbit A" shall be developed 1n accordance with the
follow1ng standards:
(1) Maximum Build1ng He1ght. The maX1mum bU1ldlng
height shall be two (2) storles, not to exceed 30 feet, except that
for projects involv1ng the eXpanslon of public or prlvate
elementary and secondary schools (Grades K through 12) exist~ng
prior to September 8, 1988, a maximum height of four stories, 45
feet, shall be permitted. For projects located on property 1n the
area designated Special Study Zone on the map attached hereto as
"Exhibit All, a maXI-mum height of four (4) stories, not to exceed 45
feet, may be perm~tted with the approval of a Condit1onal Use
Perm1t for projects contain1ng at least 75 per cent res~dential
uses. There shall be no limitation on the number of storI-es of any
detached parking structure so long as the height does not exceed
the number of feet permitted in the district.
(2) Maximum Floor Area Rat~o. Maximum Floor Area
Ratio shall be 1.0, except that for proJects involv1ng the
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expansion of public or private elementary and secondary schools
(Grades K through 12) eX1stlng prior to September 8, 1988, a
maximum floor area ratio of 1.5 shall be perm~tted. For projects
located on property within the area deslgnated special study Zone
on the map attached hereto as "Exhibit AU, the Maximum Floor Area
ratlo shall be .65, except that a maximum floor area ratlo of 1.5
may be permitted with the approval of a Conditional Use Permit for
projects containing at least 75 per cent residential uses on such
Special Study Zone designated property.
(3) Min1mum Lot Size. The minimum lot Slze shall
be 15,000 square feet. Each lot shall contain a min~mum depth of
150 feet and a mlnlmum width 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 Wl th the provisions of Part 9.04.10.04 of the Santa
Monica Municipal Code.
(5) Rear Yard Setback. No rear yard setback shall
be required except:
(a) Where the rear parcel line abuts a
resldential district, a rear yard equal to:
5' +(storles 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
provided that a wall not less than five (5) feet or more than six
12
(6) feet in height is erected and maintained along the rear
commercial parcel llne.
Access shall be permltted to cross
perpendicularly the required rear yard provlded the driveway does
not exceed the mlnimum wldth permitted 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 landscaping 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) Side Yard Setback. No side yard setback shall
be required except:
(a) Where the lnterior side parcel line abuts
a residential distrlct, an lnterior side yard equal to:
5' +(stories 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 helght is erected and maintained along the
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s~de commercial parcel line. A required inter lor side yard shall
not be used for access or for commerclal purposes.
(b) Such slde yard setback as lS needed to
accommodate landscaplng required for a street side yard, landscape
buffer and screening pursuant to the provlsions of Part 9.04.10.04
of the Santa Monica Municipal Code.
(c) For portions of buildings that contain
windows, doors, or other openings into the interior of the
building, a ten (IO) foot setback from an interior property line
shall be required. An interlor side yard setback of less than ten
(10) feet shall be permltted lf provlslons of the Uniform BUllding
Code related to fire-rated openings ln side yards are satlsfled.
(E). Development Review. A Development Review Permit lS
required for any development of more than 30,000 square feet of
floor area and for any development wlth rooftop parklng.
(F) Architectural Review. All new constructlon, new
addltions to existlng buildings, and any other exterior
improvements that require issuance of a bUllding permit shall be
subject to architectural review pursuant to the provisions of
Chapter 9.32 of the Santa Monica Municipal Code.
SECTION 3. Appllcability. SubJect to Section 4 of thlS
Ordinance, the requlrements of Sectlon 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
"Exhibit A".
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SECTION 4. Exempt~ons. The followlng applications are exempt
from the provisions of Section 2 of this Ord1nance:
(A) Any building or structure for WhlCh a buildl.ng
permit, which has not yet expired, was issued on or before June 15,
1993, but which has not obtained a Certlfl.cate of Occupancy as of
the effective date of this Ordinance.
(B) Any project for which a vesting tentative map
appllcatlon was filed and deemed complete on or before June 15,
1993, which tentative map 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. ThlS Ordinance shall be of no further force and
effect after June 10, 1995, unless prior to that date, after a duly
noticed public hearlng, 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 provisions of the Santa Monlca Municl.pal Code
or appendices thereto inconsistent with the provisions of this
Ordinance, to the extent of such inconslstencles and no further,
are hereby repealed or modif ied to that extent necessary to
effectuate the provlsions of thlS Ordinance.
SECTION 7. Ordinance No. 1734 (CCS) is hereby repealed.
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SECTION 8.
If any sectlon, subsectlon, sentence, clause or
phrase of this Ordlnance is for any reason held to be invalid or
unconstitutional by a decision of any court of any competent
JuriSdiction, such declsion shall not affect the validity of the
remaining portl.ons of this Ordinance.
The city Councll hereby
declares that l.t would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not declared
lnvalid or unconstitutional without regard to whether any portion
of the Ordinance would be subsequently declared invalld or
unconstltutional.
SECTION 9.
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 off icial newspaper
within 15 days after its adoption.
ThlS Ordinance shall become
effective 30 days from its adoptlon.
APPROVED AS TO FORM:
l1l4.U ~4-~-Iu.,
MARSHA JON MOUTRIE
City Atto Y
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, .
~M~~
State of Cahforma )
County of Los Angeles ) ss
CIty of Santa Momca )
L Clance E Dykhouse, CIty Clerk of the CIty of Santa Momca, do hereby cemfy that the
foregomg Ordmance No 1777 (CCS) had Its fIrst readmg on November 15, 1994 and had
Its second readmg on November 22. 1994 and was passed by the followmg vote
Ayes Councllmembers
Abdo, Genser, Holbrook, Olsen, Vazquez
Noes CouncIlmembers
Greenberg
Abstam CouncIlmembers
Rosenstein
Absent CouncIlmembers
None
ATTEST
V~d /4~
CIty Clerk
8E
NOV 2 2 199't
See Item CC/RA-4
NOV 2 2 1994
8E