SR-062888-6c
.
y otJ / tJtfJ Lf
.
fo-C
CA:RMM:lld330a/hpc
City council Meeting 6-28-88
JUN 2 8 1988
Santa Monica, Car~fornia
STAFF REPORT
~,~
, /
',-- ! --..-/ .--.
TO;
Mayor and City Council
FROM:
City Attorney
Ordinance Amending Ordinance Numher 1441 (CCS)
Establishing Interim Height Limits,
Allowable Floor Area Ratios, and Property
Development Standards Pending Adoption of the
Draft Comprehensive Land Use and Zoning
Ordinance
SUBJECT:
At its meeting on June 14, 1988, the City Council
introduced for first reading an ordinance amending Ordinance
Number 1441 (CCS) establishing interim height limits, allowable
floor area ratios, and property development standards pending
adoption of the Draft Comprehensive Land Use and Zoning
Ordinance. The ordinance is now presented to the City Council
for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be adopted.
PREPARED BY: Robert M. Myers, City Attorney
Laurie Lieberman, Deputy City Attorney
(p-c
JUN 2 6 19B~
.
.
councilmember Reed moved to amend the main motion to exclude any
provision for an outdoor entertainment facility/amphitheatre from
any alternate proposed development for the site. Second by
Councilmember A. Katz. The amendment was accepted as friendly by
the maker and incorporated into the main motion.
It was requested that the main motion be voted on in two parts.
The motion to authorize the City Manager to negotiate and execute
an exclusive negotiating agreement with Santa Monica Beach
Development Partnership for the development of the 5-acre parcel
at 415 Pacific Coast Highway: to proceed with negotiation of a
long-term lease with Santa Monica Beach Development Partnership
for Council consideration; and to apply for and assist in
obtaining all necessary reviews and approvals for the project at
the state and local level including public hearings at various
stages, as amended to require staff to meet with the Recreation
and Parks Commission to review various components of the
agreement and to report back to Council; to establish a 90 day
time limit for the development of an exclusive negotiating
agreement; and to exclude any provision for an outdoor
entertainment facility/amphitheatre from any alternate
development proposal, was approved by the following vote:
Council vote: Affirmative: Councilmembers Finkel, Jennings, A.
Katz, H. Katz, Reed, and Mayor Conn
Negative: Councilmember Zane
The motion to undertake negotiations with Entrada Associates
should negotiations with Santa Monica Beach Development
Partnership prove unsuccessful was approved by the following
vote:
Council vote: Affirmative: councilmembers Jennings, A. Katz, H.
Katz, Reed, and Mayor Conn
Negative: Councilmembers Finkel and Zane
ll-B: CITY TREES: A recommendation to amend Municipal Code
Section 7610 regarding unauthorized removal of City trees and to
implement an informational program on the importance of design
efforts to incorporate City trees was continued to June 21, 1988.
11-C: CLOSED SESSION: Considered later in the evening.
13-A: DESTRUCTION OF STREET TREES: The request of James D.
Williams to address Council regardinq unnecessary destruction of
street trees as a result of new development was continued to June
21, 1988.
13 -B: TAX FREE CALIFORNIA BALLOT INITIATIVE: The request of
Boris Isaacson to address Council regarding the Tax Free
California Ballot Initiative was continued to June 21, 1988.
9
June 14, 1988
.
.
further, is hereby repealed or modified to that extent necessary
to affect the provisions of this ordinance.
SECTION 3.
If any section, subsection, sentence, clause,
or phrase of this ordinance is for any reason held to be invalid
or unconsti tutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of the ordinance.
The Ci ty 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 4. 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.
effective 30 days from its adoption.
The ordinance shall be
APPROVED AS TO FORM:
0.rt..-~-"lr V""- \-v~
ROBERT M. MYERS U
city Attorney
- 15 -
.
.
CA:RMM:l1d331/hpc
City Council Meeting 6-28-88
Santa Monica, California
ORDINANCE NUMBER
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING ORDINANCE NUMBER 1441 (CCS)
ESTABLISHING INTERIM HEIGHT LIMITS, ALLOWABLE
FLOOR AREA RATIOS, AND PROPERTY DEVELOPMENT
STANDARDS PENDING ADOPTION OF THE DRAFT COMPREHENSIVE
LAND USE AND ZONING ORDINANCE
WHEREAS, the City Council adopted Ordinance Number 1441
(CCS) establishing interim height limits, allowable floor area
ratios, and property development standards pending adoption of
the draft Comprehensive Land Use and zoning ordinance: and
WHEREAS, the City Council desires to amend Ordinance Nnmher
1441 (CCS) to incorporate its policy with respect to counting
housing at 50% of its FAR in the areas of the downtown as
specified in deliberations on the Fourth Draft of the Zoning
Ordinance; and
WHEREAS, the City Council desires to amend Ordinance Number
1441 (CCS) to modify the height limits and FARS for 5th street
between Wilshire and Colorado Boulevard so that they are the same
as those established for the rest of the C3C zone district: and
WHEREAS, the City Council desires to amend Ordinance Numl)er
1441 (CCS) to delete reference to greater allowable FARS with
site review pending new criteria and procedures being developed
for site review,
- 1 -
.
.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
SECTION 1. section 2 of Ordinance Number 1441 (CCS) is
amended to read as follows:
SECTION 2. Notwithstanding Sections
2 or 4 of Ordinance Number 1321 (CCS), no
development shall be approved pursuant to
Ordinance
Number
1321
(CCS),
no
conditional use permit shall be approved
pursuant to Chapter 1 of Article IX of the
Santa Monica Municipal Code, and no
subdivision or parcel map shall be
approved pursuant to Chapter 3 of Article
IX of the Santa Monica Municipal Code,
unless one or more of the following
findings are made:
(a) The project meets the height
limit and maximum floor area ratio ("FAR")
for the zone district in which the project
is located as indicated on the "Area Map,"
a copy of which is attached to this
Ordinance as Exhibit "A," as follows:
~
Exception
Standards
C2
2 stories, 30 feet
.75 FAR in all areas
except:
Pice Boulevard
2 stories, 30 feet
l.OFAR
- 2 -
.
.
C3 3 stories, 45 feet
2.0 FAR or
4 stories, 56 feet
with Site
Review in all
areas except:
6th and 7th
Streets
between Santa
Monica Boulevard
and Colorado
C3C
C4
Auto Dealers
3 stories, 45 feet
2.0 FAR or
4 stories, 56 feet
2.5 FAR if the
project is 50%
residential
4 stories, 56 feet
2.5 FAR, excluding one
half of any square
footage devoted to
residential use from
the FAR calculation,
or 6 stories
with site Review
2 stories, 30 feet
1. 5 FAR or
3 stories, 45 feet
with Site
Review in all
areas except:
2 stories, 30 feet
1.5 FAR or
3 stories, 45 feet
with Site Review
Lincoln Boulevard 3 stories, 45 feet
north of the 1.5 FAR
Freeway
Lincoln Boulevard 2 stories, 30 feet
south of the 1.0 FAR
Freeway
South side of
pico Boulevard
from Ocean Avenue
to Fourth Court
Pico Boulevard
from 7th Street
to Lincoln
Boulevard
- 3 -
2 stories, 30 feet
1.0 FAR or
3 stories, 45 feet
1.5 FAR if 50% of
the project is
residential
2 stories, 30 feet
1. 0 FAR
.
pico Boulevard
from Lincoln
Boulevard to
11th Street
pico Boulevard
from 21st to
31st Streets
14th Street
Street from Pi co
Boulevard to the
I-IO Freeway
C5
.
2 stories, 30 feet
1. 5 FAR
2 stories, 30 feet
1.5 FAR or
3 stories, 45 feet
2.0 FAR with CUP
2 stories, 30 feet
1.5 FAR or
3 stories, 45 feet
2.0 FAR with CUP
3 stories, 45 feet
1. 0 FAR or
6 stories, 84 feet
with site
Review on parcels
of 5 acres or more
1.25 FAR for any
automobile dealer park
integrating more than one
dealership and if 50%
or more of the square
footage is for the
relocation of existing
automobile dealerships
in the City
C6 3 stories, 45 feet
2.0 FAR or
4 stories, 56 feet
with Site
Review
cc
HI & M2
- 4 -
4 stories, 56 feet or
6 stories, 84 feet with
Site Review
1.0 FAR on western side
of Main street
2.0 FAR from eastern
side of Main Street
to Fourth Street
2 stories, 30 feet or
3 stories, 45 feet for
artist studios with
site review
.
.
BCD 2 stories, 30 feet
1.5 FAR or
3 stories, 45 feet
1. 5 FAR if 50% of
the project is
residential
RVC
pier OVerlay:
Santa Monica
Pier. The
Deauville site
to the north,
Seaside Terrace
to the south,
The Promenade
to the west, and
Ocean Avenue to
the east
West side of
Ocean Avenue
from pico
Boulevard to
Seaside Terrace
(Ocean Avenue
Fronting Parcels
only)
East side of
Ocean Avenue
to First Court
from Colorado
Boulevard to
california Avenue
pico Boulevard
to Vicente
Terrace from
west side of
Ocean Avenue to
The Promenade
2 stories, 30 feet
1. 0 FAR except:
2 stories, 30 feet
.5 FAR on parcels
fronting on Ocean
Avenue
3 stories, 45 feet
2.0 FAR
3 stories, 45 feet
2.0 FAR
3 stories, 45 feet
2.0 FAR
(b) With regard to a project on a
parcel that is currently in residential
use and located in the area bounded by
Seaside Terrace on the north and pi co
Boulevard on the south, and on the west by
the Promenade, and Ocean Avenue on the
- 5 -
.
.
east, the project complies with R3
property development standards set forth
in Chapter 1 of Article IX of the Santa
Monica Municipal Code.
Cc) with regard to a project
located on San Vicente Boulevard in the
area bounded by Ocean Avenue on the west
and 7th street on the east, the property
complies with R2 property development
standards set forth in Chapter 1 of
Article IX of the Santa Monica Municipal
Code. with regard to a project located on
R4 property in the triangular area bounded
by pice Boulevard on the north, by Little
Ocean Avenue on the south, and by Big
Ocean Avenue on the southeast, the project
complies with R3 property development
standards set forth in Chapter 1 of
Article IX of the Santa Monica Municipal
Code.
Cd) With regard to a proj ect
located in the boundaries of the Mall
Specific Plan area, the project complies
with the standards set forth in the Mall
Specific plan.
Ce) The application for a project
was deemed complete by the Ci ty on or
before April 29, 1988.
- 6 -
.
.
(1) An application shall be
deemed complete for purposes of this
Ordinance within fifteen (15) days for
subdivision maps and parcel maps, and
thirty (30) days for all other permits,
after the Planning Division receives a
substantially complete application
together with all information, reports,
drawings, plans, filing fees, and any
other materials and documents required by
the appropriate application forms supplied
by the city. If, within the specified
time period, the planning Division fails
to advise the applicant in writing that
his or her application is incomplete and
to specify all additional information
required to complete that application, the
application shall automatically be deemed
complete. An application is
"substantially complete II if the missing
information is supplied within two working
days of the city's request. This section
is to be construed as mandatory and not
declaratory with respect to the time
wi thin which the Ci ty may act before an
application is automatically deemed
complete.
- 7 -
.
.
(2) If an application for a
proj ect has been deemed complete by the
City on or before April 29, 1988, a
subsequent application for a proj ect of
reduced scope on the same site, or a
portion thereof, shall be deemed complete
as of April 29, 1988, so long as such
project application is filed prior to the
effective date of the revised
Comprehensive Land Use and Zoning
Ordinance.
(3) This
apply for purposes
application complete
Streamlining Act.
Section shall not
of deeming an
under the Permit
(f) The project is determined to
have a hardship exemption pursuant to
Section 3 hereof.
(g) This section shall not apply to
any property not specifically described in
subdivisions (a) through (d) .
SECTION 2. Any provision of the Municipal Code or
appendices thereto inconsistent with the provisions of this
Ordinance, to the extent of such inconsistencies and no further,
is hereby repealed or modified to that extent necessary to effect
the provisions of this ordinance.
- 8 -
.
.
SECTION 3.
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 the 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 inval id 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 the same to be published once in the official newspaper
within 15 days after its adoption.
effective 30 days from its adoption.
The ordinance shall be
APPROVED AS TO FORM:
~-1;~1" \n-. ~
ROBERT M. MYERS U
city Attorney
- 9 -
.
, '
. .
.
.....
.....
...
,. ....- --.....
III
, !'I
.. r
I."
;f:!
'I;!
. )1
;1.:
li'-
.1
J:i
)10
::c
roo
)10
~
p
...
;;
...
;>
:II
:.
I
:-