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SR-8-C (86) PCD:PPA:SF:KG:PF f:\ppd\share\ccreport\deedta1 Council Meeting: 10/17/95 8e Santa Monica, californOi~T 1 7 f995 TO: Mayor and city Council FROM: city staff SUBJECT: Recommendation to Introduce for First Reading an Ordinance to Amend the Zoning Ordinance to Require Deed Restrictions for certain proj ects in Commercial Districts Which Receive a Density or Height Bonus INTRODUCTION This report recommends that the city council conduct a pUblic hearing and introduce for first reading the proposed Ordinance which would amend the Zoning Ordinance for the BCD, C2, C3, C3-C, C4, C6 and CM Zoning Districts to place deed restrictions on residential units developed within projects in commercial zoning districts that receive a density or height bonus. These deed restrictions would ensure that the residential units would remain in residential use for the life of the project and could not be converted to non-residential uses. BACKGROUND In July, 1993, the City Council adopted new development standards which permit residential uses by right in all commercial districts and provide for an FAR and height bonus for residential uses in most commercial districts if a specified amount of the project is residential and certain other requirements are met. As a follow-up to Council action, staff has drafted a Zoning Ordinance amendment to protect these residential units from conversion to non- 1 Be OCT , 7 1995 residential uses. The proposed Ordinance would require that residential units in projects in commercial zoning districts which receive a density or height bonus be deed restricted to remain in residential use for the life of the project. CEQA STATUS The proposed Text Amendments are categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Class 5 of the city of Santa Monica Guidelines for the Implementation of CEQA. PLANNING COMMISSION RECOMMENDATION On April 12, 1995 the Planning commission adopted a Resolution of Intention announcing its intention to hold a public hearing to consider amending the zoning Ordinance to deed restrict the residential units as outlined above. On May 17, 1995 the Planning Commission conducted a pUblic hearing and recommended that the city Council conduct a public hearing to consider the matter and adopt an Ordinance with the amendments to the zoning Ordinance as contained in Attachment A. ANALYSIS The zoning Text Amendments contained in the proposed Ordinance would prevent developments located in commercial zoning districts which received a density or height bonus for including residential 2 units, from converting the residential units to non-residential uses. The deed restriction language would be in effect for the life of the project. General Plan Conformance The proposed Text Amendments are consistent with policies contained in the Housing Element of the General Plan. In particular, Housing Element Policy #A-l.4 states: "Encourage and create incentives for the development of housing in conjunction with commercial development where appropriate." Additionally, Housing Element Policy # B-1.2 states: "Discourage the conversion of residential properties (including SRO housing) to other non-residential uses." BUDGET/FINANCIAL IMPACT The proposed Text Amendments will have no budget/financial impact. STAFF RECOMMENDATION It is recommended that the City Council conduct a public hearing and introduce for first reading the proposed Ordinance to amend the Zoning Ordinance for the BCD, C2, C3, C3-C, C4, C6 and CM zoning Districts based upon the following findings: FINDINGS 1. The proposed Text Amendments are consistent in principle with the goals, objectives, policies, land uses and programs of the city's General Plan, specifically with Housing Element Policy 3 statements #A- 1.4 and #B-l.2. These policies call for City action to encourage housing production in commercial zones and to preserve housing units created in these areas. 2. The pUblic health, safety and general welfare requires the adoption of the proposed Text Amendment language in order to preserve and encourage housing production throughout the commercial zoning districts of the City. Prepared by: Suzanne Frick, Director, PCD Karen Ginsberg, Planning Manager Paul Foley, Associate Planner Attachments: A. Proposed Ordinance Amending the Comprehensive Land Use and Zoning Ordinance 4 f:atty\muni\laws\mhs\deedord city council Meeting 10-17-95 Santa Monica, California ORDINANCE NUMBER (CCS) (City council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING ARTICLE IX OF THE MUNICIPAL CODE TO REQUIRE DEED RESTRICTIONS FOR CERTAIN PROJECTS IN COMMERCIAL DISTRICTS WHICH RECEIVE A DENSITY OR HEIGHT BONUS WHEREAS, existing Zoning Ordinance provisions grant a density or height bonus for projects in commercial districts which include a specified amount of area devoted to residential use and meet other criteria; and WHEREAS, a mechanism is needed to prevent buildings receiving such a bonus from being converted to non-residential or other uses inconsistent with the terms of the bonus; and WHEREAS, the City is desirous of insuring that the residential units in projects which receive density or height bonuses remain in residential use for the life of the project; and WHEREAS, the Housing Element of the General Plan contains Policy Statements #A- 1.4 and #B-1.2 which call for City action to encourage housing production in commercial zones and to preserve housing units created in these areas; and WHEREAS, on April 12, 1995, the Planning Commission adopted a Resolution of Intention announcing its intention to recommend amendment of the Comprehensive Land Use and Zoning Ordinance to 1 deed restrict residential units in projects located in commercial zoning districts which receive density or height bonuses; and WHEREAS, the Planning Commission held a public hearing on the proposed Zoning Text Amendments on May 17, 1995, and made recommendations to the City Council to adopt such amendmentsj and WHEREAS, the city council held a public hearing on the proposed Zoning Text Amendments; and WHEREAS, the City council finds and declares that the proposed zoning Text Amendments are consistent in principle with the goals, objectives, policies, land uses, and programs specified in the Housing Element of the General Plan in that the Housing Element calls for City action to encourage housing production and preserve housing units in commercial zones; and WHEREAS, the public health, safety and general welfare require the adoption of the proposed Text Amendments in order to preserve and encourage housing production throughout the commercial zoning districts of the city, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: Section 1. section 9.04.08.14.065 is hereby added to the Santa Monica Municipal Code to read as follows: 9.04.08.14.065 Deed Restrictions. Prior to issuance of a building permit for a project which has received a density or height bonus pursuant to this part, the 2 applicant shall submit, for City review and approval, deed restrictions or other legal instruments setting forth the residential use requirements for the project. Such restrictions shall be effective for the life of the project. SECTION 2. section 9.04.08.16.065 is hereby added to the Santa Monica Municipal Code to read as follows: 9.04.08.16.065 Deed Restrictions. Prior to issuance of a building permit for a project which has received a density bonus pursuant to this Part, the applicant shall submit, for City review and approval, deed restrictions or other legal instruments setting forth the residential use requirements for the project. Such restrictions shall be effective for the life of the project. SECTION 3. section 9.04.08.18.065 is hereby added to the Santa Monica Municipal Code to read as follows: 9.04.08.18.065 Deed Restrictions. Prior to issuance of a building permit for a project which has received a density or height bonus pursuant to this Part, the applicant shall submit, for City review and 3 approval, deed restrictions or other legal instruments setting forth the residential use requirements and retail use restrictions for the project. Such restrictions shall be effective for the life of the project. SECTION 4. section 9.04.08.20.065 is hereby added to the Santa Monica Municipal Code to read as follows: 9.04.08.20.065 Deed Restrictions. Prior to issuance of a building permit for a project which has received a density or height bonus pursuant to this Part, the applicant shall submit, for City review and approval, deed restrictions or other legal instruments setting forth the residential use requirements and retail use restrictions for the project. Such restrictions shall be effective for the life of the project. SECTION 5. section 9.04.08.22.065 is hereby added to the Santa Monica Municipal Code to read as follows: 9.04.08.22.065 Deed Restrictions. Prior to issuance of a building permit for a project which has received a density or height bonus pursuant to this Part, the applicant shall submit, for city review and 4 approval, deed restrictions or other legal instruments setting forth the residential use requirements of the project. Such restrictions shall be effective for the life of the project. SECTION 6. section 9.04.08.26.065 is hereby added to the Santa Monica Municipal Code to read as follows: 9.04.08.26.065 Deed Restrictions. Prior to issuance of a building permit for a project which has received a density or height bonus pursuant to this Part, the applicant shall submit, for city review and approval, deed restrictions or other legal instruments setting forth the residential use requirements for projects. Such restrictions shall be effective for the life of the project. SECTION 7. section 9.04.08.28.065 is hereby added to the Santa Monica Municipal Code to read as follows: 9.04.08.28.065 Deed Restrictions. Prior to issuance of a building permit for a project which has received a density or height bonus pursuant to this Part, the. applicant shall submit, for City review and 5 approval, deed restrictions or other legal instruments setting forth the residential use requirements for the proj ect . Such restrictions shall be effective for the life of the project. SECTION 8. 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 modified to that extent necessary to effect the provision of this Ordinance. SECTION 9. 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 unconstitutional. 6 SECTION 10. 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 official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: ~k~ MARSHA JONES MOUTRIE City Attorrt4y 7