SR-9-C (19)
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LUTM:SF:PF:cg/lcp2.word.ppd OCI 1 5 1991
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COUNCIL MEETING: October I, 1991 Santa Monica, California
TO: Mayor and City Council
FROM: city Staff
SUBJECT: Recommendation to Approve Land Use and Implementation
Plan of Local Coastal Program
INTRODUCTION
On April 16, 1991 the city council conducted a public hearing to
review the Draft Local Coastal Program (LCP). At the conclusion
of the public hearing, the Council directed staff to conduct a
public workshop to gather public input, and requested changes to
the draft document. The draft LCP presented to the Council
herein reflects changes as requested by council and revisions
made as a result of the pUblic comments. This report outlines
the significant changes made to the document and includes as an
attachment the previous staff report outlining the background and
purpose of the LCP. .
Staff recommends that the city Council conduct a public hearing
on the document and approve the LCP so that it may be forwarded
to the Coastal Commission for review and certification.
BACKGROUND
A Local Coastal Program (LCF) is required by state law. This
draft LCP incorporates revisions requested by the City Council at
the meeting of April 16, 1991, the California Coastal Commission
and the Planning Commission and includes revised standards
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OCT 1 5 '991
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resulting from the adoption of the 1988 zoning Ordinance and
Proposition s.
The City Council reviewed the LCP and held a public hearing on
April 16, 1991. The Council requested modifications and
clarification of specific policy language and changes to the
maps. council members also directed staff to modify and add goals
to the document which better reflect the City's policies related
to development. Specifically, the initial goals were modified
with language to identify persons of all socia-economic levels
with regard to the provisions of public recreational
opportunities. A new policy was added to encourage the
preservation of low and moderate income housing in the Coastal
Zone (Policy #5). The prior policy limiting residential parking
in the beach parking lots was removed and replaced with a policy
(Policy #25) that allows resident permit parking in the beach
parking lots on a monthly basis. A new policy was added (Policy
#84) that provides for new development standards for parcels
along Pacific Coast Highway between the Santa Monica Pier and the
northern City limits.
In addition to the above, changes were made to the Implementation
Plan that reflect changes made to the land use and development
policies.
Public Workshop Comments
A wide variety of issues were discussed (see attachment F ) and
expressed at the June 1, 1991 public workshop. Many of the
comments and issues raised by the public were already addressed
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in the document I however some modifications have been made to
better clarify the policy language. However, other issues were
not included such as increasing public safety and security,
litter and loitering in the beach particularly near the south
beach barbeque pi ts, bicycle safety, off-hour use of beach
parking lots for resident event parking, over-night parking at
meters for residents, the posting of ocean water quality test
results, and the issuance of permits for new alcohol outlets.
These are more generic citywide issues and should not be
addressed in the LCP.
The issue of Sea View Terrace as a public right-of-way was
discussed extensively, however the LCP still identifies the walk
street as a means for public access to the coast. City staff and
Coastal Commission staff believe this is a basic Coastal Act
policy issue.
Pacific Coast Highway Standards
Council asked staff to provide new policy language to modify the
development standards in the area bounded by Pacific Coast
Highway (PCH) to the west, the Pier to the south, and the City
limits to the north. This area is predominantly zoned Rl and R4
and the Coastal Commission staff has recommended limiting
development and intensification of residential uses. However, if
this occurs the only residential uses permitted would be single
family development with no ability for the development of
multiple family units. This position is not consistent with the
City's policies to encourage a mixture of housing opportunities
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and therefor staff is proposing that the area be zoned a mixture
of R2B and RVC. The R2B District would be established on all
existing residential parcels. Parcels under 40 feet in width
would be limited to one unit per parcel. Parcels wider than 40
feet would be permitted one unit for every 1500 square feet of
lot area. The development standards would be consistent with the
interim standards approved by the Council, with the exception of
lots over 40 feet in width. Parcels with greater width that
could accommodate more intense development would be limited to 23
feet in height for a flat roof and 30 feet in height for a
pitched roof. This new policy would create one zoning district
for all residentially zoned parcels and will lead to more
compatible development in the future.
Preservation of Affordable Housinq
A new section was added to the Implementation Section outlining
the City's responsibility in implementing the Mello Act,
Government Code section 65590. Policies 75 and 76 set forth the
pOlicy while the implementation section contains the action
required to achieve implementation based upon the opinion
prepared by the City Attorney's office.
City Attorney Review and Comments
The City Attorney reviewed the draft LCP and made a number of
recommendations for changes to the text. These changes have been
incorporated into the document and were mostly minor in nature to
clarify ambiguities or inaccuracies. As recommended by the City
Attorney new development policies # 81 and #82 were added to
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ensure that the authority to prohibit or limit development and
the standards by which it may be built rests with the city
council and the people of Santa Monica. Policy #81 states that
the City council or the people may "by ordinance, resolution,
initiative, referendum, or charter amendment" prohibit or limit
any type of development. Policy #82 makes it clear that any
development standards contained in the LCP are not to be
considered entitlements but maximum development intensities and
that the city council and the people "by ordinance, resolution,
initiative, referendum, or charter amendment" may reduce any
development standards.
OTHER RECOMMENDED CHANGES
In addition to the changes noted previously, staff is
recommending changes to facilitate the pier Development.
Presently the development standards for the Pier are 2 stories
30' with a 1.0 floor area ratio. As part of the Pier
development, a fun zone with a ferris wheel and roller coaster
are proposed. Both of these features exceed the 30' height
limitation on the Pier. Therefore, in order to accommodate these
structures, staff is recommending the following changes to the
policy and Implementation sections:
policy 89: Building height shall not exceed 2 stories 30 feet
above the Pier deck and the floor area ratio shall
not exceed 1. O. Amusement rides shall not exceed a
height of 1151 above the Pier deck.
New Zoning Districts
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As a result of establishing new standards for Pacific Coast
Highway and the residential area between the Pier and Pi co
Boulevard, and implementing the general policies of the LCPt
several new zoning designations will need to be added to the
Zoning Ordinance. The following are the proposed new zoning
designations and required development permits:
0 Coastal-Zone Overlay District. This overlay covers all
properties in the Coastal Zone and triggers the requirement
for a Coastal Development Permit.
0 R2B Low Density Multiple Residential Beach District. This
district is intended to provide a low density multiple family
residential neighborhood designed to prevent burdens on
public facilities, to afford protection from the deleterious
environmental effects of larger scale development and to
protect the existing character and state of the residential
neighborhood in the beach area.
0 R3R Medium Density MUltiple Family Coastal Residential
District. This district is intended to provide a broad range
of housing within medium density multiple family residential
neighborhoods free of disturbing noises, excessive traffic,
and hazards created by moving automobiles. This district is
also intended to prevent burdens on the public facilities
that larger scale developments create, to protect the area
from deleterious environmental effects and maintains the
existing character and state of the residential neighborhood
adjacent to the beach.
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0 Coastal Development Permit. This replaces the permit
application to the Coastal Commission and outlines the
administrative and appeal processes.
0 Administrative Coastal Permit. This permit would apply to
development projects that require administrative approval.
The procedures are spelled out for such permits.
0 Local Coastal Program. Future amendments to the LCP are
inevitable as modifications to the General Plan, Zoning
Ordinance I and other policies occur. This section outlines
the procedures to prepare, amend, and adopt the LCP.
In addition, miscellaneous amendments to the Zoning Ordinance are
necessary to implement specific pOlicies. Those amendments are
identified in the Implementation Section of the Draft LCP.
Potential Conflicts with Coastal Commission
with the some of the revisions lllade to the document, it is
anticipated Coastal Commission staff will have difficulty in
recommending approval of the document. Specifically, Coastal
staff has indicated they will not support resident parking in the
public beach parking lots, they may not support the proposed
multiple family designation along Pacific Coast Highway, and they
may not support the new policies recommended by the City
Attorney, policies 81 and 82. Until the document is forwarded
to the Coastal Commission, the exact position of the Coastal
commission staff will not be known. Staff will keep the Council
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informed of the progres s of the LCP and any issues the Coastal
Commission may object to in the document.
CEQA
The California Environmental Quality Act (CEQA) exempts
preparation of Local Coastal Programs from environmental review,
pursuant to Section 21080.9 and 21080.5 and Division 20, Chapter
6 of the Public Resources Code. As per the provisions of both,
this program contains the elements and analyses required for
certification of the Land Use Plan of the LCP. The majority of
the LCP Policies reflect existing city policies contained in the
Zoning Ordinance, Land Use and Circulation Element, Ocean Park
Rezoning, North of wilshire Rezoning, and Proposition s. with
the exception of Proposition S, each of the documents were
analyzed through a separate EIR that provided information and
evaluated impacts.
ADOPTION PROCESS
Timely adoption of the LCP by the City and certification by the
Coastal Commission are critical for several reasons.
First, preparation and adoption of Santa Monica's LCP is a
long-overdue accomplishment, one whose process began over
thirteen years ago. During this time, over 58% of all coastal
jurisdictions have had LCFs certified by the state. In Los
Angeles county, Santa Monica remains one of only four cities (out
of eleven coastal cities) that have not had at least an LUP
certified. Years of delay have left Santa Monica behind other
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cities in fulfilling its legal obligation and obtaining total
permit authority over its coastal development.
Second, the California Coastal Conservancy has approved
$1,000,000 in assistance to the City for restoration of the pier
Carousel Park. However I by the terms of the agreement, the City
cannot encumber $850,000 of these funds until an LCP is
certified. This situation has created a continuing negative
balance in the pier fund and resulted in significant costs for
santa Monica, as the city had to utilize its own General fund
monies for the project. The Conservancy has notified the City of
its intention to cancel the grant if the City does not adopt an
LCP in a timely fashion. Similarly, potential Conservancy funds
for other common area improvements on the pier cannot be accessed
until the LCP is certified.
Finally, the City has been awarded grant monies of up to $57,305
from the state for preparation of the Implementation Plan section
of the LCP. This agreement reimbursed the City for work
completed up through September 10, 1990. Potential for future
grants may be contingent upon timely progress in adopting the
LCP.
PUBLIC NOTIFICATION
Notice of the public hearing before the City council was
advertised in the The outlook on August 27, 1991. Notification
of the public hearing was also mailed on August 27, 1991 to all
persons who attended the public workshop, to over 500 persons on
the City's general notification list, the Neighborhood Support
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Center, and to representatives from the neighborhood
organizations. A copy of the notice is attached for Council
review.
BUDGET/FISCAL IMPACT
Approval of this document will not result in financial or
budgetary impact other than those noted above regarding grant
monies.
CONCLUSION
In light of the development policies in Santa Monica, which have
changed with the adoption of the Zoning Ordinance, the Land Use
and Circulation Element, Housing Element, and Proposition S, the
LCP reflects existing policies. Once the LCP is adopted, any
future changes to development standards or policies will result
in amendments to the LCP as well.
The LCP represents a body of information, analysis, and policies
that for the most part, have been reviewed and analyzed since
1987. Since that time, the community, regulatory agencies, the
Planning conunission and the California Coastal Commission have
all had input into the formation of the LCP. Accordingly, the
revised document modifies the 1987 version by making it
consistent with new City policies. Ultimately, it is a document
designed to comply with the state's coastal Act and result in a
certified Local coastal Program for the City of Santa Monica.
RECOMMENDATION
Staff recommends that the City council:
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1- Conduct a public hearing on the proposed Local Coastal
Program.
2. Adopt the attached resolution and forward the document
to the California Coastal Commission for review and
certification.
Prepared by: Paul Berlant, Director of LUTM
Suzanne Frick, Planning Manager
Paul Foley, Associate Planner
Attachments: A. Resolution Approving Draft LCP
B. August 1991 Draft LCP
c. April 9, 1991 City council staff Report
D. Comments and issues from June 1991 Public
Workshop
E. Public Notice
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City council Meeting: 10/1/91 Santa Monica, California
RESOLUTION NO.
(City council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
ADOPTING THE LOCAL COASTAL PROGRAM AND
TRANSMITTING THE LOCAL COASTAL PROGRAM TO THE
CALIFORNIA COASTAL COMMISSION
WHEREAS I in November, 1990, the City staff submitted a
draft Land Use Plan to the Planning Commission: and
WHEREAS, on November 14 and 28, December 6 and 19, 1990,
and January 23, 1991, the Planning Commission held public
hearings on the Local Coastal Program and approved it with
certain modifications: and
WHEREAS I on April 16, October 1, 1991, and October 15,
1991 the City Council held a public hearing on the Local Coastal
Program and adopted it with certain modifications I
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
RESOLVE AS FOLLOWS:
SECTION l. Pursuant to Public Resources Code Section
305101 the City council certifies that the adopted Land Use Plan
of the Local Coastal Program, attached hereto, is intended to be
carried out in a manner in full conformance with the California
Coastal Act, and that it contains, in accordance with guidelines
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established by the Coastal Commission I materials sufficient for a
thorough and complete review.
SECTION 2. The City Council does hereby authorize the
transmittal of the approved Local Coastal Program to the
California Coastal commission for its consideration.
SECTION 3. The City Clerk shall certify to the adoption
of this Resolution, and thenceforth and thereafter the same shall
be in full force and effect.
APPROVED AS TO FORM:
ROBERT M. MYERS
city Attorney
w/lcpres
10/10/91
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