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SR-02-13-1996-8A PCD:PPA:SF:KG:DM wpl share/ba YSIde/bsord2nd CouncIl Meetmg' February 13, 1996 Santa Momca, California 8A FEB 1 3 1996 TO: Mayor and Clty Councd FROM: CIty Staff SUBJECT' Ordinances of the CIty CounCll of the CIty of Santa Momca (1) Amending the OfficIal DIstnctmg Map to EstablIsh the BaysIde CommercIal DIstrIct m PortIons of the EXIstIng C3 and C3C DIstnCts and (2) Amendmg ArtIcle IX of the Santa Momca MumcIpal Code to Estabhsh Standards for the BaysIde CommercIal DIstnct INTRODUCTION At Its meeting on January 23, 1996, the CIty CouncIl mtroduced for first readmg (1) an ordmance amendmg the OffiCIal DIstnCtIng Map to establ1sh the BaysIde CommercIal DIstnct m portIOns of the eXIstmg C3 and C3-C DIstncts and (2) an ordmance amendmg ArtIcle IX of the Santa Momca MUnICIpal Code to estabhsh standards for the BaysIde Commercial DIstriCt The ordmances are now presented to the CIty CouncIl for adoptIOn RECOMMENDA TION Staff recommends that the accompanYing ordinances be adopted, Prepared by, Suzanne Fnck, DIrector of PCD Karen Gmsberg, Planmng Manager DaVId MartIn, ASSOCiate Planner 8A FEB , 3 1996 f:\ppd\share\bayside\bscmap City council Meeting 02-13-96 Santa Monica, California ORDINANCE NUMBER 1840 (CCS) (CITY COUNCIL SERIES) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE OFFICIAL DISTRICTING MAP TO ESTABLISH THE BAYS IDE COMMERCIAL DISTRICT IN PORTIONS OF THE EXISTING C3 AND C3C DISTRICTS WHEREAS, concurrently with adoption of this amendment to the Official Distrlcting Map to establish the Bayside Commercial District (~BSC District") ln portions of the eXlsting C3 and C3C Districts, the City Councll is adopting an amendment to the zoning Ordinance to establish authorized uses and property development standards for the Bse District; and WHEREAS, the City Council finds and declares that the proposed amendment to establish the BSC District in portions of the existing C3 and C3C districts is consistent in principle with the goals, objectives, policies, land uses, and programs specified in the adopted General Plan, In that, consistent with Land Use and Circulation Element policies for the Downtown Core and Objective 1.3, the development standards and permitted uses designated for the Bse District further the goal of reinforcing Downtown as the focus of the City, support1ng the greatest concentration of activity; and consistent with Objective 1.4, the development standards and permitted uses designated for the Bse District 1 J- further the goal of recognizing the important role the Third street Promenade plays in making Downtown the activity focus of the City; and WHEREAS, the public health, safety, and general welfare require the adoption of the proposed amendment, in that the BSC District standards set appropriate limits to development in the area, in order to allow growth in amounts sufficient to keep the city fiscally sound, and at a level that will protect the health and welfare of city residents and maintain quality of life standards; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. The Official Districting Map of the City of Santa Monica set forth in Exhlblt "AII is hereby adopted. SECTION 2. Any provlslon 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 the extent necessary to effect the provisions of the Ordinance. SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or 2 -4 unconstitutional by a decision of any court of 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 I sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. The Mayor shall sign and the city Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause this ordinance, or summary thereof to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: hltUL~~ ~~ MARSHA JONES M~UTRIE City Attorney'J 3 ;tJ 4..:/-= .. Mayor State of Cahforrua ) County of Los Angeles ) 5S CIty of Santa MOllica ) I, Mana M Stewart, CIty Clerk of the CIty of Santa MOnica, do hereby certIfy that the foregomg Ordmance No 1840 (CCS) had Its first readmg on January 23. 1996 and had Its second readmg on February 13. 1996 and was passed by the followmg vote Ayes CouncIl members Abdo, Genser, Greenberg, Holbrook, O'Connor, Rosenstem Noes CounCIl members Ebner Abstam CounCIl members None Absent CouncIl members None ATTEST ~~,~~ C1ty Clerk \ S:\sp1561\cc1561 COUDCll Meetlng: February 13, 1996 Santa Monica, Californla RESOLUTION NO. 8997 feeS) (CITY COUNCIL SERIES) A RESOLUTION O? THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO ACT ON BEHALF OF THE CITY OF SANTA MONICA ON ALL MATTERS ASSOCIATED WITH THE ADMINISTR1UION AND IMPLEMENTATION OF THE VARIOUS FEDERALLY FUNDED HIGHWAY PROGRAMS OF THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991 THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The C1ty Courrell of the Clty of Santa Mon1ca does hereby approve and authorlze the C1ty Manager to act on behalf of the C1 ty of Santa Monlca on all matters assoclated with the adrrl1nlstratlon and ~mplementatlon of the varlOUS federally funded hlghway programs of the Intermodal Surface Transportation Efflclency Act of 1991. SECTION 2. ~he Clty Clerk shall certlfy to the adoptlon of thlS resolutlon, and thenceforth and thereafter the same shall be ln full force and effect. APPROVED AS TO FORM: ~ Clty Attorney 4 Adopted and approved thIS 13th of February, 1996 ~~.~ Mayor I hereby certIfy that the foregomg ResolutIon 8997 (CCS) was duly adopted at a meetmg of the CIty Counell held on the 13th of February, 1996 by the followmg vote Ayes CounCIl members Abdo, Ebner, Genser, Greenberg, Holbrook, O'Connor, Rosenstem Noes Counell members None Abstam CounCIL members None Absent CounCIl members None ATTEST ~~)~ City Clerk \ f:atty\muni\laws\jl\quake.res city council Meeting 2-13-96 Santa Monica, California RESOLUTION NUMBER 8996 (CCS) (City council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING THE EXISTENCE OF A CONTINUING LOCAL EMERGENCY WHEREAS, on January 17, 1994, an earthquake struck Southern California causing severe damage within the City of Santa Monica; and WHEREAS, on January 17, 1994, as a result of the earthquake the City's Director of Emergency Services issued a declaration of local emergency; and WHEREAS, on January 17, 1994, as a result of the earthquake a state of emergency was declared in the County of Los Angeles by the federal, state and county governments; and WHEREAS, as a result of the earthquake a state of local emergency continues to exist within the City of Santa Monica, NOW, THEREFORE, the City Council of the City of Santa Monica does resolve and proclaim as follows: SECTION 1. The City council declares that a state of local emergency continues to exist within the City of Santa Monica. SECTION 2. The city Council directs the Director of Emergency Services or his or her designee to take such actions as are appropriate to the fullest extent provided by federal, state and local law, to protect the public health, welfare, safety and property of the residents of the City of Santa Monica. SECTION 3. The city Council further authorizes the Director of Emergency Services or his or her designee to negotiate or execute such contracts, agreements, applications or other documents with such other federal, state or local agencies or other groups and organizations as are necessary to provide or to obtain emergency aid, assistance or services to the City of Santa Monica and to contract for the immediate expenditure of public funds to safeguard life, health or property, including when necessary to protect public health and safety to expedite, including, but not limited to shortening all required notice periods, or waive competitive bidding procedures for pUblic works and other City projects. SECTION 4. A copy of this Resolution shall be forwarded to the State Director of the Office of Emergency Services with a request that he or she find it acceptable. SECTION 5. 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: ~'1uvl jd{\~A' Jr/.A[~ MARSHA 30~aS MOUTkIE city Attor'l'ley Adopted and approved tlus 13th of February, 1996 M ~6/. ~ Mayor I hereby certIfy that the foregomg ResoluTIon 8996 (CCS) was duly adopted at a meetmg of the Cay CouncIl held on the 13th of February, 1996 by the followmg vote Ayes CouncIl members Abdo, Ebner, Genser, Greenberg, Holbrook, O'Connor, Rosenstem Noes CouncIl members None Abstam Councll members None Absent Councd members None ATTEST ~.~~ ~ Clty Clerk C f:\ppd\share\bayside\bscord2 city council Meeting 02-13-96 Santa Monica, California ORDINANCE NUMBER 1841 (CITY COUNCIL SERIES) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING ORDINANCE SECTION 9.04.02.030.142 ESTABLISHING A DEFINITION FOR BILLIARD PARLORS, AMENDING ZONING ORDINANCE SECTION 9.04.08.20.060 REGARDING THE C3-C DOWNTOWN OVERLAY DISTRICT PROPERTY DEVELOPMENT STANDARDS, ADDING PART 9.04.08.15 ESTABLISHING ZONING STANDARDS FOR THE BAYSIDE COMMERCIAL DISTRICT, AND AMENDING MUNICIPAL CODE SECTION 9.52.170 REGARDING SIGNAGE STANDARDS IN THE BAYS IDE DISTRICT SPECIFIC PLAN AREA WHEREAS, the Planning commission adopted a Resolution of Intention to amend the development standards and permitted uses in portions of the C3 and C3-C districts of the City and create the Bayside Commercial District (lIBSC Districtll); and WHEREAS, the Planning commission held a public hearing on the BSC District standards and made recommendations to the City Council following the hearing; and WHEREAS, the City Council, concurrently with this Ordinance, has adopted an amendment to the Official Districting Map establishing the BSC Distr1ct; and WHEREAS, the city council held a pub11C hearing on the BSC District standards; and 1 WHEREAS, the City Council finds and declares that the proposed amendment to establish zoning standards for the BSC District is consistent in principle with the goals, objectives, policies, land uses, and programs specified in the adopted General Plan, in that, consistent with Land Use and circulation Element Policies for the Downtown Core and Objective L 3, the development standards and permitted uses designated for the BSC District further the goal of reinforcing Downtown as the focus of the Ci ty supporting the greatest concentration of activity; and consistent with Objective 1.4, the development standards and permitted uses designated for the Bse District further the goal of recognizing the important role the Third Street Promenade plays in making Downtown the activity focus of the city; and 'f WHEREAS, the public health, safety, and general welfare require the adoption of the proposed amendment, in that the BSC District standards set appropriate standards for mixed-use development in the area in order to encourage residential development and allow non-residential growth in amounts sufficient to keep the city fiscally sound, and at a level that will protect the health and welfare of city residents and maintain quality of life standards, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: 2 SECTION 1. Section 9.04.02.030.142 of the Municipal Code is added to read as follows: 9.04.02.030.142 Billiard Parlor. portion thereof in which there tables. are four Any (4) establishment or or more billiard SECTION 2. section 9.04.08.20.060 of the Municipal Code is amended to read as follows: 9.04.08.20.060. Property Development Standards. The property development standards for the C3-C District shall be four stories, fifty-six feet and 2.5 FAR, except that floor area devoted to residential uses shall be discounted by fifty percent. For parcels bounded by 4th Court, 5th Court, Colorado Avenue and wilshire Boulevard, the maximum height shall be six stories, seventy-slx feet, and the FAR for commercial square footage shall not exceed 2.5. For such projects, no more than twenty percent of the second floors shall be devoted to retail uses, and the fifth and slxth floors shall be devoted entirely to residential uses. The top floor may contain a restaurant provided the same amount of square footage occupied by the restaurant is provided in residential square footage on the second, third or fourth floors. There shall be no limitation on the number of stories of any hotel, or structure containing at least one floor of residential uses, so long as the height does not exceed the maximum number of 3 feet permitted in this section. ~ SECTION 3. Part 9.04.08.15 is added to the Municipal Code to read as follows: Part 9.04.08.15 BSCD BAYSIDE COMMERCIAL DISTRICT 9.04.08.15.010. purpose. The BSC District is intended to provide for a concentration of retail, entertainment, office and housing uses in addition to complementary uses such as hotels and cultural facilities. The development standards for the ESe District are intended to permit a grea ter amount of floor area per parcel than other zoning districts in order to encourage an increase in the mix of uses and level of activity in the area while providing for development that mainta1ns a sense of human scale and pedestrian-oriented character, consistent with the goals, objectives, and policies of the General Plan. 9.05.08.15.015. Definitions. The following words or phrases as used in this Part shall have the following meanings: Bayside commercial District-~ (BSC-~) That area bounded by Wilshire Boulevard on the north, Broadway on the south, Mall Court East on the east, and Mall Court West on the west. Bayside commercial District-2 (BSC-2) That area bounded 4 by wilshire Boulevard on the north, Broadway on the south, Mall Court West on the east, and Second street on the west, and that area bounded by Wilshire Boulevard on the north, Broadway on the south, Fourth street on the east, and Mall Court East on the west. Bayside c~m~ercial District-3 (BSC-3) That area bounded by Wilshire Boulevard on the north, Broadway on the south, Fourth Court Alley on the east and Fourth street on the west. Bayside commercial District-4 (BSC-4) That area bounded by wilshire Boulevard on the north, Broadway on the south, Second street on the east, and First Court Alley on the west. Block One. That area bounded by Wilshire Boulevard on the north, Arizona Avenue on the south, Fourth Court Alley on the east, and Mall court East on the west. Block Two. That area bounded by Arizona Avenue on the north, Santa Monica Boulevard on the south, Fourth Court Alley on the east, and Mall Court East on the west. Block Three. That area bounded by Santa Monica Boulevard on the north, Broadway on the south, Fourth Court Alley on the east, and Mall Court East on the west. Block Four. That area bounded by W1lshire Boulevard on the north, Arizona Avenue on the south, Mall Court East on the east, and Mall Court West on the west. Block Five. That area bounded by Arizona Avenue on the north, Santa Monica Boulevard on the south, Mall Court East on the east, and Mall Court West on the west. Block six. That area bounded by Santa Monica Boulevard 5 on the north, Broadway on the south, Mall Court East on the east, and Mall Court West on the west. Block Seven. That area bounded by Wilshire Boulevard on the north, Arizona Avenue on the south, Mall Court West on the east. and First Court Alley on the west. Block Eight. That area bounded by Arizona Avenue on the north, Santa Monica Boulevard on the south, Mall Court West on the east, and First Court Alley on the west. Block Nine. That area bounded by Santa Monica Boulevard on the north, Broadway on the south, Mall Court West on the east, and First Court Alley on the west. Fast Food Food Court. A multi-tenant food service complex with at least four food service outlets where the complex is under common management, there is no table service, and tenants share common seating area. The size of the individual food service facl1ities shall be limited to 750 square feet and the complex must include a dedicated public passageway from the Third Street Promenade to the rear alley. 9.04.08.15.020. Permitted Uses. (1) The following uses shall be permitted in the BSC-l portion of the Bse District. All uses shall be conducted within an enclosed building, except where otherwise specified: (a) Art galleries. (b) Artist studios above the first floor and at the rear 75' of a parcel. 6 (c) Bakeries. (d) Barber or beauty shops. (e) Business colleges. (f) Child day care centers. (g) Cleaners. (h) Congregate housing. (i) Cultural fa~ilities. (j) Dance studios. (k) Domestic violence shelters. (1) Exercise facilities. (m) General offices above the first floor and in the rear 75' of a parcel. (n) General retail. (0) Homeless shelters with less than fifty-five beds. (p) Med1cal, dental and optometrist clinics and laboratories above the f1rst floor and in the rear 75' of a parcel. (q) Multifamily dwelling units. (r) Museums. (5) Outdoor newsstands. (t) Pawnbrokers. (u) Photocopy shops. (v) Places of worship. (w) Restaurants, subject to the limitations contained in Section 9.04.08.15.080. (x) Senior group housing. (y) Senior housing. 7 (z) Sidewalk cafes, subject to the provisions of the Outdoor Dining standards for the Third street Promenade, approved by Resolution of the City council. (aa) single-room occupancy housing. (bb) Tailors. (cc) Trade schools. (dd) Transitional housing. (ee) Accessory uses which are determined by the Zoning Administrator to be necessary and customarily associated with and appropriate, incidental, and subordinate to, the principal permitted uses and which are consistent and not more disturbing or disruptive than permitted uses. (ff) Other uses determined by the zoning Administrator to be similar to those Ilsted above and which are consistent and not more disturbing or disruptive than permitted uses. (2) The followl.ng uses shall be permitted in the BSC-2, BSC-J and BSC-4 portions of the Bse District. All uses shall be conducted wlthln an enclosed building, except where otherwise specified: (a) Art galleries. (b) Artist studios above the first floor. (c) Appliance repair shops. (d) Bakeries. (e) Banks and savings and loan instltutions. (f) Barber or beauty shops. (g) Business colleges. 8 (h) Child day care centers. (i) Cleaners. (j) Congregate housing. (k) Cultural facilitles. (1) Dance studios. (rn) Domestic violence shelters. (n) Exercise facilities. (0) General offices above the first floor and in the rear 75' of a parcel. (p) General retail. (q) Homeless shelters with less than fifty-five beds. (r) Laundromats. (s) Medical, dental and optometrist clinics and laboratories above the first floor and in the rear 50' of a parcel. (t) Multifamily dwelling units. (u) Museums. (v) Outdoor newsstands. (w) Pawnbrokers. (x) Party equipment rentals. (y) Photocopy shops. (z) Places of worship. (aa) Restaurants, subject to the limitations contained in section 9.04.08.15.080. (bb) Senior group housing. (ce) Senior housing. (dd) single-room occupancy housing. 9 (ee) Tailors. (ff) Theaters. (gg) Trade schools. (hh) Transitional housing. (ii) Accessory uses which are determined by the Zoning Administrator to be necessary and customarily associated with and appropriate, incidental, and subordinate to, the principal permitted uses and which are consistent and not more disturbing or disruptive than permitted uses. (j j) other uses determined by the Zoning Administrator to be similar to those listed above and which are consistent and not more disturbing or disruptive than permitted uses. 9.04.08.~5.030. Uses subject to performance standards permit. (1) The following uses may be permitted in the BSC-1 portion of the BSC District subj ect to the approval of a Performance Standards Permit: (a) None. (2) The following uses may be permitted in the BSC-2, BSC-] and BSC-4 portions of the BSC District subject to the approval of a Performance standards Permit: (a) Sidewalk cafes, subject to the limitations contained in Section 9.04.08.15.080. 9.04.08.~5.040 Conditionally permitted uses. (1) The following uses may be permitted in the BSC-1 portion 10 of the BSC District subject to the approval of a conditional use permit: (a) Bars, subject to the limitations contained in Section 9.04.08.15.080. (b) Billiard parlors. (c) Bowling alleys. (d) Cinemas. (e) Clubs and lodges. ef) Convention and conference facilities. (g) Fast food food courts, subject to the limitations contained in section 9.04.08.15.080. (h) Homeless shelters with fifty-five beds or more. (i) Hotels and motels. (j) Nightclubs, subject to the limitations contained in Section 9.04.08.15.080. (k) Open-air farmers markets. (1) Skating Rinks. (m) Theaters. (2) The following uses may be permitted in the BSC-2, BSC-3 and BSC-4 portions of the BSC District subject to the approval of a conditional use permit: (a) Automobile parking lots and structures. (b) Bars, subJect to the limitations contained in Section 9.04.08.15.080. (c) Billiard parlors. (d) Bowling alleys. 11 (e) cinemas. (f) Clubs and lodges. (g) Convention and conference facilities (h) Homeless shelters with fifty-five beds or more. (i) Hotels and motels. (j) Nightclubs, subject to the limitations contained in Section 9.04.08.15.080. (k) Open-air farmers markets. (1) Skating rinks. 9.04.08.15.050 prohibited uses. The following uses are prohibited in the BSC-l, BSC-2, BSC-3 and BSC-4 portions of the BSC District: (a) Drive-in and drive-through restaurants. (b) Game arcades. (c) Fast food restaurants, except those located in a fast food food court. (d) Any use not otherwise authorized. 9.04.08.15.060 property development standards. All property in the sse Distrlct shall be developed in accordance with the following standards: (a) Maximum BUllding Height and FAR. Maximum building height, number of stories and floor area ratio shall be determined as follows: 12 Maximum Maximum Number Maximum District Height of stories FAR BSC-l 56' 4 3.0 BSC-2 56' 4 3.0 BSC-3 56' 4 3.0 BSC-4 45' 3 2.0 Notwithstanding the above: (1) There shall be no limitation on the number of stories of any hotel, parking structure, or structure containing at least one floor of residential use, so long as the height does not exceed the maximum number of feet permitted in this section. (2) Floor area devoted to residential uses shall be discounted by fifty (50) percent for the purposes of floor area ratio calculation. (3) Parcels of 151000 square feet or less within the Passageway Overlay Zone, as depicted in the Bayside District Specific Plan, may be developed to a maximum height of eighty-four (84) feet, and a 3.5 FAR provided the following conditions are met: (i) The top two floors are used exclusively for residential purposes. ( i i) All incl us ionary units required by Section 9.28 of the Municlpal Code are provided on site. (iii) Parking for the residential uses is provided on site, notwithstanding Section 9.04.10.08.030(m). 13 (iv) A passageway dedicated to the city of Santa Monica as a recorded easement is provided. (v) The dedicated passageway is a minimum of twelve e 12) feet in width and is well lighted and visually unobstructed from the Promenade to the alley. (vi) There shall be only one dedicated passageway permitted on each side of each block, however dedicated passageways existing as of the effective date of this Section shall not count toward this limit. e 4} Wi th the approval of a Development Review permit, parcels over 15,000 square feet within the Passageway Overlay Zone, as depicted 1n the Bayside District Specific Plan, may be developed to a maXlmurn height of eighty-four (84) feet, and a 3.5 FAR provided the following conditions are met: (i) The top two floors are used exclusively for residential purposes. (ii) All inclusionary units required by section 9.28 of the Municipal Code are provided on site. (iii) Parking for the residential uses is provided on site, notwithstanding Section 9.04.10.08.030(m). ( i v) A passageway dedicated to the city of Santa Monica as a recorded easement is provided. (v) The dedicated passageway is a minimum of twelve (12) feet in width and is well lighted and visually unobstructed from the Promenade to the alley. (vi) There shall be only one dedicated 14 passageway permitted on each side of each block, however dedicated passageways existing as of the effective date of this section shall not count toward this limit. (5) wi th the approval of a Development Review permit, parcels in the BSC-2 and BSC-3 Districts may be developed to a maximum height of eighty-four (84) feet, and a 3.5 FAR provided the following conditions are met: (i) The top two floors are used exclusively for residential purposes. (ii) All lnclusionary units requlred by Section 9.28 of the Municipal Code are provided on site. (iii) Parking for the residential uses is provided on slte, notwithstanding Section 9.04.10.08.030(m). (b) Bui Iding step backs. For new structures or additions to eXlstlng structures, any portion of a building elevation fronting on Second street, Third Street Promenade or Fourth street, above thirty (30) feet in helght shall be stepped back at a 36.9 degree angle measured from the horizontal. For buildings located in the Passageway Overlay Zone, there shall be no additional stepback requirement above fiftY-S1X (56) feet of building height. In addltion, for parcels one hundred feet (100) in depth measured from Wilshire Boulevard, Arizona Avenue, Santa Monica Boulevard or Broadway (cross streets) any portion of a building elevation fronting on the cross street, above thirty (30) feet in height, shall be stepped back fifteen (15) feet from the cross street. The Architectural ReVlew Board may allow the fifteen (15) foot stepback 15 to be provided only for the portion of the building above forty- five (45) feet in height lf the Architectural Review Board determines that such a stepback is necessary to maintain the District's existing character and to provide visual continuity with nearby structures. (c) Minimum Parcel size. For all zoning classifications in the BSC District, minimum parcel size shall be seven thousand five hundred square feet. Each parcel shall contain a minimum depth of one hundred fifty feet and a minimum width of fifty feet, except that legal parcels existing on the effective date of this Section shall not be subject to this requirement. (d) For all zoning classifications in the BSC District, a Development Review Permit 1S required for any new development of more than thirty thousand square feet of floor area and for any development with rooftop parking. 9.04.08.15.070. special project design and development standards. In all zonlng classifications in the BSC District, the following special project design and development standards shall apply: (a) Ground floor uses shall be pedestrian oriented uses for a minimum depth of seventy f1ve (75) feet measured from the front of the structures. (b) In any new or reconstructed building, a minimum of seventy (70) percent of the building facade at the street frontage at the ground floor level shall be designed with pedestrian 16 orientation, as defined in Part 9.04.02.030 of this Chapter, unless precluded by the presence of significant existing architectural features. (c) In any new or reconstructed building, clear untinted glass shall be used at the ground floor level to allow maximum visual access to the interior of buildings. Mirrored and highly reflective glass shall not be permitted at any level of a structure. (d) In any new or reconstructed building, walk-up facilities shall be recessed and provide adequate queuing space to avoid interruption of the pedestrian flow. (e) Security grills at the street level, shall be designed as an integral component of the building, shall be of the roll-down type, shall have an open web sufficient to provide ViSlbllity to the interior when the grill is in the closed positlon, and shall be placed to the lnterior of the outside glass. 9.04.08.15.080. Limitations on food uses and alcohol outlets. (a) The number of alcohol and food serving establishments in the Bse District shall be limited on a block by block basis. For purposes of this section, a food serving establishment shall include any restaurant, including, without limitation, any drive-through or drive-in restaurant, fast-food or take-out restaurant, or sidewalk cafe, and any use Which includes incidental food service. The number of food serving establishments and on-sale alcohol outlets in the Bse District shall not exceed 17 the limitations below. For purposes of this section, fast food food courts shall be counted as one food serving establishment and one alcohol outlet, even though individual tenants within a fast food food court may be required to obtain separate Conditional Use Permits in order to obtain an on-sale alcohol license. Block 1: Food Serving Establishments: 4, 0 of which may have a Type 41 (On-Sale Beer and Wine) or Type 47 (On-Sale General) Alcohol License, and 0 of which may be a fast food food court. However, no more than 2 food serving establishments shall be permitted on each side of Block 1. Type 48 (On-Sale General for Public Premise) Alcohol License: o. Other On-Sale Alcohol License Types: O. Block 2: Food Serving Establishments: 4, 2 of which may have a Type 41 (On-Sale Beer and Wlne) or Type 47 (On-Sale General) Alcohol License, and 0 of WhlCh may be a fast food food court. However, no more than 2 food serving establishments shall be permitted on each slde of Block 2. Type 48 (On-Sale General for Public Premlse) Alcohol License: o. Other On-Sale Alcohol License Types: o. Block 3: Food Serving Establishments: 8, 7 of which may have a Type 41 (On-Sale Beer and Wine) or Type 47 (On-Sale General) Alcohol License, and 0 of which may be a fast food food court. However I no more than 6 food serving establishments shall be permitted on the west side of Block 3. Type 48 (On-Sale General for Public Premlse) Alcohol License: O. other On-Sale Alcohol License Types: O. 18 Block 4: Food Serving Establishments: 18, 10 of which may have a Type 41 (On-Sale Beer and Wine) or Type 47 (On-Sale General) Alcohol License, and 1 of which may be a fast food food court. Type 48 (On-Sale General for Public Premise) Alcohol License: o. other On-Sale Alcohol License Types: O. Block 5: Food Serving Establishments: 16, 10 of which may have a Type 41 (On-Sale Bee~ and Wine) or Type 47 (On-Sale General) Alcohol License, and 1 of which may be a fast food food court. Type 48 (On-Sale General for Public Premise) Alcohol License: o. Other On-Sale Alcohol License Types: O. Block 6: Food Serving Establishments: 18, 11 of which may have a Type 41 (On-Sale Beer and Wine) or Type 47 (On-Sale General) Alcohol License, and 1 of which may be a fast food food court. Type 48 (On-Sale General for Public Premise) Alcohol License: o. Other On-Sale Alcohol License Types: O. Block 7: Food Serving Establishments: 4, 2 of which may have a Type 41 (On-Sale Beer and wine) or Type 47 (On-Sale General) Alcohol Llcense, and 0 of which may be a fast food food court.. However, no more than 2 food serving establishments shall be permitted on each side of Block 7. Type 48 (On-Sale General for Public Premise) Alcohol License: o. Other On-Sale Alcohol License Types: o. Block 8: Food Serving Establishments: 4, 2 of which may have a Type 41 (On-Sale Beer and Wine) or Type 47 (On-Sale General) Alcohol License, and 0 of which may be a fast food food court. However, no more than two food serving establlshments shall be 19 permitted on each side of Block 8. Type 48 (On-Sale General for Public Premise) Alcohol License: o. other On-Sale Alcohol License Types: o. Block 9: Food Serving Establishments: 8, 6 of which may have a Type 41 (On-Sale Beer and Wine) or Type 47 (On-Sale General) Alcohol License, and 1 of whlch may be a fast food food court. Type 48 (On-Sale General for Public Premise) Alcohol License: o. Other On-Sale Alcohol License Types: 1. 9.04.08.15.090 Architectural review. All new construction, new additions to existing buildings, 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 this Article. SECTION 4. section 9.52.170 of the Munlcipal Code is amended to read as follows: 9.52.170 Bayside District Specific Plan Area. The standards for signs contained in the approved Bayside District Specific Plan shall prevail over conflicting provisions contained in Sections 9.52.130, 9.52.140, 9.52.150, and 9.52.160 with respect to signs on buildings located within the Bayside District Specific Plan area. SECTION 5. Notwithstanding the limitations on food serving ... 20 establishments and alcohol outlets set forth in section 3 (to be codified at Municipal Code section 9.04.08.15.080), a maximum of two separate food service establishments with up to two on-sale alcohol licenses shall be allowed, provided the establishments are contained in the buildings located at 1201-1221 Third street Promenade, none of the two restaurants contain more than 200 seats, and the total number of seats does not exceed 360. This exemption does not affect the requirement to obtain any other city permits, including, without limitation, conditional Use Permits or alcohol exemptions for the sale of alcohol at the individual food service establishments. This exemption shall expire one year from the effective date of this Ordinance unless an application for such establishment(s) has been subm1tted and deemed complete by that date. section 6. The provisions of this ordinance shall not apply to any project for which an application was deemed complete prior to January 23, 1996. Any such project may however elect to be governed by the provisions of this ordinance rather than those in effect at the time the project was deemed complete. SECTION 7. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of the Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or rnodlfled to that extent necessary to effect the provision of th1s Ordinance. 21 SECTION 8. Ordinance 1770 (CCS) is hereby repealed. SECTION 9. Ordinance 1820 (CCS) is hereby repealed. SECTION 10. 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 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 any portion of the Ordinance would be subsequently declared invalid or unconstltutlonal. SECTION 11. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause this ordinance, or a summary thereof to be published once in the official newspaper withln 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: ~5~~~ MARSHA JONES $OUTRIE city Attorney'./ 22 ~ 4l-.1l . ~ Mayor State of Cahforma ) County of Los Angeles) 55 Cay of Santa MOllica ) I, Mana M Stewart, City Clerk of the CIty of Santa MOnica, do hereby eerufy that the foregomg Ordmanee No 1841 (CCS) had Its fIrst readlllg on January 23_ 1996 and had Its second readlllg on February 13. 1996 and was passed by the folloWlllg vote Ayes Counell members Abdo, Genser, O'Connor, Rosenstelll Noes Counell members Greenberg, Holbrook, Ebner Abstalll Counell members None Absent CouncIl members None ATTEST CIty Clerk