SR-8A (50)
f:\atty\muni\strpts\mhs\aover.2d
city council Meeting 5-13-97
8A
MAY f 3 1997
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Santa Monica, California
TO: Mayor and City Council
FROM: city Attorney
SUBJECT: Ordinance of the city council of the city of Santa Monica
Amending Santa Monica Municipal Code sections
9.04.08.38.050 and 9.04.08.38.090 Regarding Conditionally
Permitted Uses and Design standards Applicable to Parking
Facilities in the "An Off-street Parking Overlay District
Introduction
At its meeting on May 6, 1997, the City Council introduced for
first reading an ordinance amending Santa Monica Municipal Code
sections 9.04.08.38.050 and 9.04.08.38.090 regarding conditionally
permitted uses and design standards applicable to parking
facili ties in the nA" off-street parking overlay district. The
ordinance is now being presented to the City Council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying ordinance be
adopted.
PREPARED BY:
Marsha Jones Moutrie, city Attorney
Mary H. strobel, Deputy city Attorney
8A
HAY 1 3 1997
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CA:f:\atty\muni\laws\mhs\Aover.2d
City Council Meeting 5-13-97
Santa Monica, California
ORDINANCE NUMBER 1878 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA
MUNICIPAL CODE SECTIONS 9.04.08.38.050
AND 9.04.08.38.090 REGARDING
CONDITIONALLY PERMITTED USES AND DESIGN STANDARDS
APPLICABLE TO PARKING FACILITIES
IN THE "A" OFF-STREET PARKING OVERLAY DISTRICT
WHEREAS, an application was filed to amend the Zoning
Ordinance to condltlonally permit municipal parklng structures,
either above or below grade, and to allow access to parking
facilities within in a required side yard, under certain
circumstances in the flAil Off-Street Parking Overlay District; and
WHEREAS, the Planning Commission held a public hearing on the
proposed amendment and made recommendations to the City Council
following the hearing; and
WHEREAS, the city Council held a public hearing on I the
proposed amendment on April 29, 1997; and
WHEREAS, the City Council finds and declares that the proposed
amendment is consistent in principle with the goals, objectives,
policies, land uses, and programs specified in the adopted General
Plan, in that the allowance of a below-grade parking structure and
adequate access thereto is consistent with the purpose of the "Au
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Off-street Parking Overlay District which is to' provide adequate
parking facilities to support important commercial corridors and
neighborhood commercial areas of the City, while at the same time
ensuring that each parking facility will not adversely affect the
environment or nearby residents, or diminish the integrity of the
residential district in which it is located; and
WHEREAS, the public health, safety, and general welfare
require the adoption of the proposed amendment, in that in order
that the public health, safety, and general welfare will be
adequately protected any above-grade parking structure which meets
the required criteria will require approval of a Conditional Use
Permit ensuring that any parking structure will not impal.r the
integrity and character of the district in which it is located;
that the subject parcel is physically suitable for the proposed
use; that the proposed use is compatible with existing and proposed
lands uses on the site, within the district and within the general
area; that there are adequate utilities, services and access; that
the proposed use is consistent with the goals, objectives and
policies of the General Plan; and that the proposed use will not
result in an overconcentration of such uses in the l.mrnediate area,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 9.04.08.38.050 of the Santa Monica
Municipal Code is amended to read as follows:
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9.04.08.38.050 conditionally permitted uses.
The following uses may be permitted in the A Overlay
District subject to the approval of a Conditional Use
Permit:
(a)
in the
located.
(b) Parking structures below the ground level if
all of the following conditions are met:
(1) The "A" parcel was in parking use on the
effective date of this Chapter.
(2) The facility is for the temporary parking
of transient motor vehicles and trucks.
(3) The parking structure is accessory to a
permitted commercial use.
( 4) The surface level of the "A" parcel is
All uses listed as Conditionally Permitted Uses
res idential district in which the parcel is
developed and maintained as landscaped open space for the
life of the commercial project.
(5) The entrance to the subterranean structure
is located on the commerc~ally zoned parcel.
(c) Municipal parking structures, either above
grade or below grade, if all of the following conditions
are met:
(1) The parking structure replaces a municipal
surface parking lot.
(2) The parcel size is a minimum of 40,000
3
square feet.
(3) The parcel is located in the North of
wilshire Overlay District.
SECTION 2. Santa Monica Municipal Code Section 9.04.08.38.090
is amended to read as follows:
9.04.08.38.090 Special design standards for all
parking facilities.
(a) Walls. Walls shall conform to the provisions of
section 9.04.10.02.080.
(b) Use of Required Yards. There shall be no access
to parking permitted wi thin the required s ide yard,
except access may be provided within a required side yard
that abuts a commercially-zoned parcel.
(c) Landscaping. At least fifty percent of the
required front yard area shall be landscaped pursuant to
the provisions of Part 9.04.10.04.
(d) Vehicle Access. Vehicle access to and from all
parking structures shall be located a minimum of twenty
feet or a greater dlstance if practical from any
residentially zoned parcel.
(e) Lighting. Lighting shall be provided pursuant
to the provisions of Section 9.04.10.02.270.
SECTION 3. Any provision of the Santa Monica Municipal Code or
appendices thereto, inconsistent with the provlsions of this
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Ordinance, to the extent of such inconsistencies and no further,
are hereby repealed or modified to that extent necessary to effect
the provisions of this Ordinance.
SECTION 4. 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 any 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.
SECTION 5.
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 within 15 days after its adoption.
This
Ordinance shall be effective 30 days from its adoption.
APPROVED AS TO FORM:
h0utL1u~ k~
MARSHA JO<<~S MOUTRIE
City Attorney
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am 0 emillOr, ?vlayor
State of Cahfomla )
County of Los Angeles) ss
City of Santa MOnIca )
1. Mana yI Stewart. CIty Clerk of the CIty of Santa ~vlomca, do hereby cert1~- that the foregomg
Ordmance 1\0 1878 (CCS) had ItS first readmg on Mav 6. 1997. and had ItS second readmg on
:\fav B. 1997 and \vas passed by the followmg vote
Aves
Couned members
Femstem. Genser. Mayor O'Connor, Rosenstem
1'\ oes
CouncIl members
None
Abstam
CouncIl members
Ebner. Greenberg. Mayor Pro Tern Holbrook
Absent
CouncIl members
None
ATTEST
~~,~-d-
City Clerk