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SR-400-005-16 (5) '10 JUL 2 7 2004 PC D: S F :AS: PF :f:\plan\share\cou ncil\strpt\2004 \ T A04-005C2 Montana. doc. Council Mtg: July 27, 2004 Santa Monica, California TO: Mayor and Council members FROM: City Staff SUBJECT: Introduction and First Reading of An Ordinance Amending Permitted Uses, Prohibited Uses, Allowable Floor Area Ratios and the Development Review Threshold for the C2 Neighborhood Commercial District on Montana Avenue INTRODUCTION This report recommends that the City Council conduct a public hearing and introduce for first reading an ordinance that modifies permitted uses, prohibited uses, allowable floor area ratios (FAR) and the development review threshold for the C2 Neighborhood Commercial District on Montana Avenue. The proposed ordinance would enact permanent standards to replace the provisions of Interim Ordinance No. 2106 (CCS) relative to these items. Ordinance No. 2106 (CCS) is due to expire on September 11, 2004. The proposed ordinance is included in Attachment A. BACKGROUND On December 7, 1999, the City Council considered written communication and testimony from community organizations and concerned residents regarding increased business and development activity in the Montana Avenue neighborhood commercial district. Problems included inadequate parking for retail businesses with incidental food service; sidewalk intrusion from sidewalk dining and news racks, the lack of landscaping 1D 1 JUL 2 7 2004 at building frontages, and development incompatible with the scale of the existing neighborhood commercial district and adjacent residential neighborhood. The City Council directed staff to return with an interim ordinance to address the following issues: (1) Floor Area Ratio (FAR); (2) Discretionary review thresholds; (3) Sidewalk dining and incidental food service establishments; and (4) Setbacks and landscaping along Montana Avenue. Staff proposed an interim ordinance to the Council that addressed the above issues but did not recommend changes to the front setback or landscaping requirements as this issue would be better addressed as part of an overall streetscape plan for Montana Avenue (and will be addressed during the planning process to update the Land Use Element and revise the development standards in the Zoning Ordinance for the Montana Avenue neighborhood commercial district). On May 23, 2000 the City Council adopted Ordinance NO.1975 (CCS) amending the allowable floor area ratios, the development review threshold, permitted uses and prohibited uses in the C2 Neighborhood Commercial district along Montana Avenue. The provisions of Ordinance No. 1975 (CCS) were extended until September 11, 2004 by Ordinance No. 1978 (CCS) adopted on June 27, 2000, Ordinance NO.2040 (CCS) adopted on March 5, 2003 and Ordinance no. 2106 (CCS) adopted on January 13, 2004 to provide staff with additional time to implement a permanent ordinance. Ordinance No. 2106 (CCS) required staff to disapprove all applications for 2 administrative approval and development review permits filed after May 23, 2000 for any development or business within the C2 District on Montana Avenue between 6th Court and 1 th Street, unless the project or business complies with standards contained in the interim ordinance. It also allowed existing cinemas as a permitted use. ANAL YSIS Proposed Ordinance Floor Area Ratios (FAR) The Zoning Ordinance currently allows the following maximum floor area ratios (FAR) along Montana Avenue: Parcel Square Footage FAR FAR if at Least Thirty Percent of Project is Residential, or if at Least Eighty Percent of the project is a Grocery Store 0-7,500 7,501 - 15,000 15,000 - 22,500 22,501 and up 0.75 0.50 0.45 0.40 0.75 0.75 0.65 0.55 While development standards along Montana Avenue are the most restrictive commercial standards in the City, given the proximity to single family residential uses to the north and low density multi-family residential uses to the south, the low scale character of the street, and the concern that recent development projects may not be consistent with the purpose and intent of a neighborhood commercial district, a reduction in development standards is warranted. The following is recommended, which is consistent with the provisions of the interim ordinance: 3 FAR if at Least Thirty Percent of Project is Residential Parcel Square Footage FAR 0-7,500 7,501 - 15,000 15,001 - 22,500 22,501 and up 0.60 0.40 0.35 0.25 0.75 0.75 0.65 0.55 These standards provide a 20% to 25% reduction in maximum permitted development. This would result in buildings with FARs that are more consistent with the typical FAR in the area, which is .60 or less. The greatest percentage reduction is recommended for the larger parcels. No FAR changes are recommended for projects where at least 30% of the project is residential. In order to encourage mixed-use development, such incentives for residential development in commercial districts are appropriate. The proposed ordinance does not retain the existing FAR incentive for grocery stores as this use is well represented on Montana Avenue. Discretionary Review Threshold The discretionary review threshold in the C2 district is currently 11,000 square feet. Any project exceeding this size requires Planning Commission approval of a Development Review permit. The most recently approved projects in the area include a 2-story, 10,998 square foot building and a 2-story, 10,996 square foot building. Both projects are on approximately 15,000 square foot parcels and just under the threshold for Planning Commission review. Although these projects are consistent with the Zoning Ordinance, the community has expressed concern that this size of development is out of character with the existing building scale and incompatible with the single-family neighborhood to the north and multi-family neighborhood to the south. 4 The majority of parcels along Montana Avenue are 7,500 square feet or less. Based on the FAR contained in the proposed ordinance, the maximum development on a 7,500 square foot parcel would be 4,500 square feet. A 4,500 square foot development, which is less than half the size of the most recent projects approved on Montana Avenue, would not significantly impact the intensity of uses or scale of development in the area. Development on sites 15,000 square feet or larger would likely result in projects that, at a minimum, are over 5,000 square feet. Additionally, 15,000 square foot sites could encompass two to three parcels, depending on the lot size. This potential development size could result in adverse impacts on the surrounding area. To allow closer review of the location, size, massing, and placement of such a proposed structure on the project site, the proposed ordinance recommends that the 5,000 square foot development review threshold contained in the interim ordinance be incorporated into the Zoning Ordinance. This reduced development review threshold will facilitate public participation in the permit process for new development on Montana Avenue. Sidewalk cafes and newsstands Sidewalk cafes associated with restaurants and outdoor newsstands can intrude into the pedestrian right-of-way, especially between ih Street and 1 ih Street where the distance between the curb and property line is only 10 feet. Street signs, light poles, traffic signals and their control boxes, parking meters, fire hydrants, etc, further reduce this sidewalk width. Although sidewalk cafes and newsstands enhance the pedestrian environment, areas of the Montana Avenue sidewalk are difficult to travel along on a busy day. For these reasons, these uses were prohibited by the interim ordinance. 5 In February 2003 the Council directed staff to analyze and develop standards for sidewalk dining that would increase the opportunities for outdoor dining. As a result, Ordinance No. 2088 (CCS) was adopted by the Council in July 2003 which established an approval process administered by staff for sidewalk dining areas City-wide of less than 200 square feet (Attachment B). Since these sidewalk dining areas enliven the sidewalk without a significant parking impact, additional off-street parking is not required pursuant to the provisions of the ordinance. To date, only 5 outdoor dining areas City- wide have been approved pursuant to the ordinance. Ordinance No. 2088 (CCS) was not applied to the Montana Avenue commercial area because of the interim ordinance. The provisions of Ordinance No. 2088 (CCS) can be applied on Montana Avenue in the proposed ordinance. Montana Avenue is one of the City's pedestrian intensive commercial areas and a reasonable provision for outdoor dining can enliven the street and promote pedestrian activity and sense of neighborhood. Based upon feedback from the 2 adjacent neighborhood groups and the Montana Avenue Merchants Association (see below), staff recommends that the Zoning Ordinance not be modified and newsstands again be permitted pursuant to approval of a Performance Standards Permit (PSP) and sidewalk cafes be permitted consistent with Interim Ordinance No. 2088 (CCS) or any other ordinance that might extend the provisions of Ordinance No. 2088 (CCS) which allows sidewalk cafes City-wide under specified conditions. Sidewalk cafes that do not conform to the provisions of Ordinance 6 No. 2088 (CCS) will be required to obtain a Performance Standards Permit. I ncidental food service establishments The Zoning Ordinance allows retail establishments such as coffee shops, bakeries and delis to include seating for on-site consumption of food or beverages. These businesses are defined as incidental food establishments subject to the following restrictions: no orders are taken at tables or seats; total seating area is limited to 250 square feet, or 33% of the retail space, which ever is less; and no more than 20 seats are permitted. No additional off-street parking spaces are required for this use because it is considered incidental and secondary to the primary retail business operation. The majority of the establishments offering "incidental food service are located within the 5 block area between ih Street and 1 ih Street and in the 2 blocks between Euclid Street and 15th Street. Incidental food serving establishments are a neighborhood serving use that enhance Montana Avenue's pedestrian character by encouraging patrons to casually shop, walk, sit and enjoy pastry, coffee, juice and other deli-type fare. However, the community has raised concerns that the concentration of incidental food serving uses are contributing to the area's parking congestion which result from a slower turnover of patrons and available parking spaces. The parking problems appear particularly acute in the multi-family district south of Montana Avenue since this area is fully developed with limited on-street parking available. The parking problems in the area and particularly south of Montana Avenue result from two basic factors: insufficient on-site residential parking and insufficient on-site 7 commercial parking. In some cases, on-site residential parking spaces are being used for storage or other non-parking purposes, necessitating the use of limited on-street parking spaces. In most cases, however, the parking demand generated by residential and commercial uses is not met on-site. This demand comes from residents and from the owners, employees and customers of the commercial businesses on Montana Avenue. Further, incidental food service uses, while popular, are not destination uses and are among a number of different types of businesses that attract local and other residents to stroll and shop along the Montana Avenue commercial district Based upon feedback from the nearby neighborhood organizations and the Montana Avenue Merchants Association, staff recommends that the prohibition against incidental food service be lifted. At present, incidental food service is limited to those that had authorization for such use prior to the interim ordinance. The merchants and neighbors indicated to staff that they wanted to continue to allow customers the opportunity to casually shop, walk, sit and enjoy a quick snack and beverage inside the establishment or on the sidewalk at other food and beverage serving establishments on the street. Community Outreach and Input The North of Montana Association (NOMA), Wilshire/Montana Neighborhood Coalition (Wilmont) and Montana Avenue Merchants Association all sent letters to the Council in March 2003 urging the return of sidewalk dining and incidental food service to Montana Avenue. The three groups expressed interest in allowing incidental food service and sidewalk cafes associated with existing retail and restaurants only, with the provision that safe pedestrian travel be assured along the sidewalk (Attachment C). These letters 8 were sent in support of Ordinance 2088 (CCS) referenced above. This support was re-iterated at a community meeting held on Thursday, May 13, 2004 where input from representatives of NOMA, Wilmont and the Montana Avenue Merchants Association again expressed support for outdoor dining, including incidental food service and sidewalk cafes on Montana Avenue with a minimum sidewalk clearance for pedestrians. The minimum required sidewalk clearance by law is 4'. Uses of the public sidewalk, including outdoor dining areas, are reviewed and approved by the Environmental and Public Works Management (EPWM) Department. Enforcement is a joint effort of the City's Code Compliance staff in the Building and Safety Division and EPWM. Feedback received at the public meeting supported the proposed 5,000 square foot development review threshold. No feedback was provided on the proposed reduction in the allowable floor area ratios. General Plan Land Use and Circulation Element Compatibility The proposed text amendments are consistent and reinforce the City's Land Use Element (LUE) policies and objectives. Specifically, the proposed text amendments are consistent with those City-wide objectives and the policies and objectives for the Neighborhood Commercial Districts and Urban Design which are intended to encourage the preservation of the City's neighborhoods, neighborhood serving uses and the pedestrian scale and character of public spaces. 9 . Objective #1.1 states (in part): "Ensure neighborhood participation in the City planning process". Decreasing the development review threshold to 5,000 square feet is consistent with this objective. . Objective #1.1 also states (in part): "Protecting the quality of life in all residential neighborhoods." Objective #3.2 states: "Protect the scale and character of residential neighborhoods adjacent to commercial areas." Reducing the allowable floor area ratios to ensure more compatible commercial development with the adjacent neighborhoods is consistent with this objective. . Objective #1.7 states: "Protect and expand uses that provide for the day-to-day shopping and service needs of nearby residents. The City shall encourage the provision of neighborhood commercial services within walking distance of all neighborhoods." Objective #3.3 states: "Enhance the pedestrian scale and character of streets and public spaces." Policy #3.3.13 requires that ground floor street frontage in neighborhood commercial districts feature pedestrian-oriented design qualities." Restoring opportunities for sidewalk dining is consistent with these objectives and policies. Planninq Commission Action The Planning Commission considered the text amendments recommended by staff at their meeting of June 16, 2004. The Commission agreed with the recommended ordinance amendments and asked staff to forward a recommendation to the Council that includes a limitation on the number of incidental food service establishments per block. Incidental food serving establishments such as bakeries and coffee shops with outdoor seating contribute to the pedestrian environment of the street, provide an opportunity for patrons to enjoy the outdoor environment in a communal setting, and offer a shorter- term and less expensive alternative for outdoor dining than a full service meal at a restaurant. Such uses are not destination businesses but, instead, serve to enhance the commercial district by allowing an amenity that enlivens the streetscape and makes 10 local businesses more attractive to potential patrons. Therefore, the proposed ordinance does not include a limitation on the number of incidental food serving establishments along Montana Avenue. Conclusion The proposed ordinance will lower allowable floor area ratios along Montana Avenue to ensure that commercial development is more compatible and in scale with the adjacent neighborhoods. The development review threshold will be lowered to 5,000 square feet to allow for closer review of the location, size, massing, and placement of proposed developments and facilitate greater public participation in the permit process for new development on Montana Avenue. Incidental food service, newsstands and sidewalk dining will be allowed on Montana Avenue to enhance the pedestrian environment, enabling neighbors and customers alike to enjoy the ambience of the street. CEQA STATUS The project is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b )(3) of the State Implementation Guidelines in that the project lowers density standards and the discretionary review threshold in the C2 zoning district along Montana Avenue. As a result, projects will be smaller in size and more projects will be subject to discretionary and environmental review. The project also lifts interim prohibitions against sidewalk cafes, incidental food service and newsstands. These uses are currently permitted by the Zoning Ordinance throughout the City, including all C2 Neighborhood Commercial Districts. As a result, removing the interim prohibition of the uses will not result in any new environmental impacts. As individual 11 projects are submitted for approval, they will be individually reviewed pursuant to the California Environmental Quality Act. If it is determined that a project subject to CEQA has the potential to cause a direct physical change to the environment, additional analysis will be completed in accordance with the provisions and requirements of the California Environmental Quality Act. PUBLIC NOTIFICATION Pursuant to Government Code Section 65804, notice of the public hearing for the Text Amendment was published in the "California" Section of the Los Anqeles Times newspaper at least ten consecutive calendar days prior to the hearing. Notice of the public hearing was also sent to all neighborhood organizations, interested persons and organizations on the City's comprehensive mailing list, and posted on the City's Web site. A copy of the notice is contained in Attachment A. A public notice similar to the one published in the Los Angeles Times has been placed at the public planning counter to provide additional notification. BUDGET/FINANCIAL IMPACT The recommendation presented in this report does not have any budget or fiscal impact RECOMMENDATION It is recommended that the Council introduce for first reading the proposed ordinance contained in Attachment A. 12 Prepared by: Attachments: Suzanne Frick, Director Amanda Schachter, Planning Manager Paul Foley, Senior Planner City Planning Division Planning and Community Development Department A: Proposed Ordinance B: Ordinance No. 2088 (CCS) C: Letters to Council from NOMA, Wilmont and Montana Merchants Association, March 2003 D: Public notice 13 ATTACHMENT A PROPOSED ORDINANCE 14 F:\A TTY\M U N I\LA WS\BARRY\C2Montana.doc Council Meeting July 27, 2004 Santa Monica, California ORDINANCE NUMBER _ (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MODIFYING SANTA MONICA MUNICIPAL CODE SECTIONS 9.04.08.16.020, 9.04.08.16.050, AND 9.04.08.16.060 RELATIVE TO PERMITTED USES, PROHIBITED USES, AND DEVELOPMENT STANDARDS WITHIN THE C2 NEIGHBORHOOD COMMERCIAL DISTRICT ALONG MONTANA AVENUE WHEREAS, the Montana Avenue commercial district is zoned C2 Neighborhood Commercial District. Consistent with the General Plan, this district is intended to promote businesses providing convenience goods and services used frequently by local residents while providing for a scale and character of development that is consistent with pedestrian-orientation and walk-in clientele; and WHEREAS, the Montana Avenue commercial district is adjacent to a single-family residential district to the north and a multi-family residential district to the south; and WHEREAS, the commercial area along Montana Avenue is dominated by single- story buildings, scaled to the pedestrian and generally compatible with the adjacent residential neighborhoods. This street has historically provided a mix of commercial uses, including retail and service businesses, which serve the adjacent residential neighborhoods to the north and south; and WHEREAS, on December 7, 1999, the City Council heard testimony from nearby affected residents who expressed concerns regarding the impacts of increased development activity, building size, business activity and the increases in vehicular and pedestrian traffic within the area and directed staff to prepare an interim ordinance to preserve the neighborhood commercial character of the Montana Avenue commercial district by addressing issues related to building size, business activities within the public sidewalk, landscaping and setbacks; and WHEREAS, more than fifty percent of existing properties in the commercial district along Montana Avenue consist of parcels with 7,500 square feet or less which under the existing Zoning Ordinance have the potential to be combined to accommodate larger scale developments such as two 2-story projects of just under 11,000 square feet on 15,000 square foot parcels approved prior to the interim ordinance adoption; and WHEREAS, larger scale developments have the potential for adverse noise, traffic, parking, aesthetic, privacy, light and air, and shade and shadow impacts on the single family residential area to the north of Montana Avenue and on the low density multi-family area to the south; and WHEREAS, new, larger developments in the commercial district along Montana Avenue have the potential for incompatibility with the existing scale and character of the area and would not provide an appropriate transition between the commercial district and the adjacent residential areas; and WHEREAS, the existing cinema on Montana Avenue is a long-established and well-known visual feature in the area, is consistent with the existing scale and character of 2 the district and the adjacent residential neighborhood and is a pedestrian-oriented use that serves the adjacent neighborhoods and surrounding area; and WHEREAS, the existing cinema, however, is a legal, non-conforming use as cinemas are no longer permitted in the C2 district; and WHEREAS, for the reasons stated above, the Zoning Ordinance requires review and revision as it pertains to the appropriate development standards and uses in the C2 District along Montana Avenue; and WHEREAS, the City Council found and declared that the public health, safety and general welfare required the adoption of Ordinance Number 1975 (CCS) on May 23, 2000, Ordinance Number 1978 (CCS) on June 27, 2000, Ordinance Number 2040 (CCS) on March 5, 2003 and Ordinance 2106 (CCS) on January 13, 2004 which modified the development standards in the C2 Neighborhood Commercial district along Montana Avenue on an interim basis to reduce the rate of development and business activity and the resulting impacts associated with pedestrian and traffic circulation and parking, noise, and incompatible development on the adjacent residential areas to the north and south; and WHEREAS, the City Council, in adopting Ordinance 1975 (CCS), Ordinance 1978 (CCS), Ordinance 2040 (CCS) and Ordinance 2106 (CCS) found and declared that the public health, safety and general welfare required the adoption of the interim ordinances to ensure that new development in the commercial district along Montana Avenue is compatible with the existing scale and character of the area and provides a sensitive transition between the commercial district and the neighboring residential areas; and WHEREAS, on May 13, 2004 a community meeting was held to solicit input from 3 the community regarding the provisions of the interim ordinance and which of the provisions should be considered as part of a proposed ordinance amendment; and WHEREAS, on June 2, 2004 the Planning Commission conducted a public hearing to adopt a Resolution of Intention which stated the Planning Commission's intention to recommend to the City Council modification of Sections 9.04.08.16.020, 9.04.08.16.050 and 9.04.08.16.060 relative to permitted uses, prohibited uses and development standards in the C2 Neighborhood Commercial District along Montana Avenue; and WHEREAS, the Planning Commission held a public hearing on June 16, 2004 to consider the proposed ordinance amendments and forwarded a recommendation to the City Council on the proposed modifications to the permitted uses, prohibited uses and development standards in the C2 Neighborhood Commercial District along Montana Avenue; and WHEREAS, the City Council held a public hearing on July 27, 2004 to consider the proposed ordinance amendments; and WHEREAS, the Land Use Element of the General Plan identifies the commercial area along Montana Avenue as a neighborhood commercial district. Objective #1.7 requires that neighborhood commercial districts: "Protect and expand uses that provide for the day-to-day shopping and service needs of nearby residents"; and WHEREAS, Objective #1.2 of the Land Use and Circulation Element requires that the City's policies: "Ensure compatibility of adjacent land uses with particular concern for protecting residential neighborhoods"; and WHEREAS, the City Council finds and declares that the public health, safety and general welfare require the adoption of the proposed amendments to the City's 4 Comprehensive Land Use and Zoning Ordinance to regulate development within the C2 Neighborhood Commercial district along Montana Avenue to avert the negative impacts of development on traffic circulation, noise, neighborhood aesthetics and compatibility and pedestrian enjoyment and ensure that development is consistent with the public health, safety and welfare and is compatible with and relates harmoniously to the surrounding sites and neighborhood by reducing the allowable floor area ratios, reducing the development review thresholds to allow for environmental review and more public review and comment on larger developments; and WHEREAS, the issue related to street front landscaping within the Montana Avenue neighborhood commercial district is more appropriately addressed within the context of a city-wide update of the Land Use Element and Zoning Ordinance. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 9.04.08.16.020 of Article IX of the Santa Monica Municipal Code is amended to read as follows: 9.04.08.16.20 Permitted Uses. The following convenience goods and service type uses shall be permitted in the C2 district, if conducted within an enclosed building, except where otherwise permitted: (a) Appliance stores. (b) Appliance repair shops. (c) Art galleries. 5 (d) Artist studios above the first floor. (e) Branch offices of banks or savings and loan institutions. (f) Barber or beauty shops. (g) Child day care centers. (h) Cinemas in existence since May 23.2000. (i) Cleaners. U) Congregate housing. (k) Domestic violence shelters. (I) General offices above the first floor; and on the ground floor for parcels located at least one hundred fifty feet from Montana Avenue, Ocean Park Boulevard, or Pico Boulevard. (m) General retail and specialized retail uses. (n) Homeless shelters with less than fifty-five beds. (0) Laundromats. (p) Libraries. (q) Multifamily dwelling units. (r) Offices and meeting rooms for charitable, youth, and welfare organizations. (s) Photocopy shops. (t) Places of worship. (u) Plant nurseries (provided all supplies, except planted stock, are kept entirely within an enclosed building). 6 (v) Restaurants of fifty seats or less and at which no alcohol is served or consumed. (w) Schools. (x) Senior group housing. (y) Senior housing. (z) Shoe repair stores. (aa Single-family dwelling units. (bb) Single-room occupancy housing. (cc) Specialty offices. (dd) Tailors. (ee) Theaters with fewer than seventy-five seats. (ff) Transitional housing. (gg) 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 with and no more disturbing or disruptive than permitted uses. (hh) Other uses determined by the Zoning Administrator to be similar to those listed above which are consistent with and no more disturbing or disruptive than permitted uses. SECTION 2. Section 9.04.08.16.050 of Article IX of the Santa Monica Municipal Code is amended to read as follows: 7 9.04.08.16.050 Prohibited uses. (a) Cinemas, unless in existence since Mav 23,2000. (b) Drive-in and drive-through restaurants. (c) Firearms dealerships. (d) Parking structures located below the ground in conjunction with commercial development, except for parking below grade exclusively for residential uses. (e) Rooftop parking. (f) Any use not specifically authorized. SECTION 3. Section 9.04.08.16.060 of Article IX of the Santa Monica Municipal Code is amended to read as follows: 0& rj 9.04.08.16.60. ( Property development standards. All property in the C2 District shall be developed in accordance with the following standards: (a) Front Yard Setback. Landscaping as required pursuant to Santa Monica Municipal Code Part 9.04.10.04. The building must comply with build-to-Iine requirements pursuant to the provisions contained in Santa Monica Municipal Code Section 9.04.10.02.050. (b) Maximum Building Height. Two stories, not to exceed thirty feet. (c) Maximum Floor Area Ratio. The maximum floor area ratio shall be determined as follows: 8 (1) C2 District on Montana Avenue: Parcel Square FootaQe 0-7,500 7,501 - 15,000 5,001 - 22,500 22.501 and up FAR 0.60 .+a 0.40 .W 0.35 .4a 0.25 .4Q FAR if at Least Thirty Percent of Proiect is Residential 0.75 0.75 0.65 0.55 fB(2) C2 District othor than Pico Boulev3rd on Ocean Park Boulevard: Parcel Square Footage 0-7,500 7,501 - 15,000 5,001 - 22,500 22,501 and up FAR 0.75 0.50 0.45 0.40 t21(3) C2 District on Pico Boulevard: Parcel Square Footage 0-7,500 7,501 -15,000 5,001 - 22,500 22,501 and up FAR 1.0 0.70 0.60 0.50 9 FAR if at Least Thirty Percent of Project is Residential, or if at Least Eighty Percent of the project is a Grocery Store 0.75 0.75 0.65 0.55 FAR if at Least Thirty Percent of Project is Residential, or if at Least Eighty Percent of the project is a Grocery Store 1.0 1.0 0.85 0.75 (d) Minimum Lot Size. Seven thousand five hundred square feet. Each parcel shall have minimum dimensions of fifty feet by one hundred fifty feet, except that parcels existing on the effective date of this Chapter shall not be subject to this requirement. (e) Rear Yard Setback. None, except: (1) Where rear parcel line abuts a residential district, a rear yard equal to: 5' + (stories x lot width) 50' The required rear yard may be used for parking or loading to within five feet of the rear parcel line provided the parking or loading does not extend above the first floor level and provided that a wall not less than five feet or more than six feet in height is erected and maintained along the rear commercial parcel line. Access driveways shall be permitted to cross perpendicularly the required rear yard provided the driveway does not exceed the minimum width permitted for the parking area. A required rear yard shall not be used for commercial purposes. (2) That needed to accommodate landscaping and screening for a rear yard buffer required pursuant to the provisions of Part 9.04.10.04. (f) Side Yard Setback. None, except: (1) Where the interior side parcel line abuts a residential district, an interior side yard equal to: 10 5' + (stories x lot width) 50' The interior side yard may be used for parking or loading to within five feet to the interior side property line provided the parking or loading does not extend above the first floor level and provided a wall not less than five feet or more than six feet in height is erected and maintained along the side commercial parcel line. A required interior side yard shall not be used for access or for commercial purposes. (2) That needed to accommodate landscaping required for a street side yard, landscape buffer and screening pursuant to the provisions of Part 9.04.10.04. (3) A ten-foot setback from an interior property line shall be required for portions of buildings that contain windows, doors, or other openings into the interior of the building. An interior side yard less than ten feet shall be permitted if provisions of the Uniform Building Code related to fire-rated openings in side yards are satisfied. (g) Development Review. A Development Review Permit is required for any development of more than eleven thousand square feet of floor area, except that within the C2 District on Montana Avenue, a Development Review Permit shall be required for any development of more than 5,000 square feet. Square footage devoted to residential use shall be reduced by fifty percent when calculating whether a development review permit is required. 11 SECTION 4. Ordinance No. 2088 (CCS) and any extension thereof shall apply to the Montana Avenue commercial district. SECTION 5. Any provision 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, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 6. 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. SECTION 7. 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 thirty days after its adoption. APPROVED AS TO FORM: 12 ATTACHMENT B ORDINANCE NO. 2088 (CCS) 15 f:\atty\munNaws\barry\sidewalk dining extension2d-1 Council Meeting 7-8-03 . Santa Monica, California ORDINANCE NUMBER~ (CCS) (City Council Series) AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA EXTENDING THE INITIAL INTERIM ORDINANCE ALLOWING ADMINISTRATIVE APPROVAL OF SIDEWALK CAFES AND WAIVING THE PARKING REQUIREMENT FOR SIDEWALK CAFES OF A SPECIFIED SIZE THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Findings and Purpose. The City Council finds and declares: (a) The current economic downturn has significantly impacted the City's business community. ~ (b) Restaurants have been especially hard hit by the drop in tourism and discretionary spending occasioned by present economic conditions. (c) Restaurants serve a critical role in the vitality of the City's commercial districts, provide an important source of tax revenue, and are essential to the overall health of the local economy. (d) Sidewalk dining can be an important component of a restaurant's operations since it provides dining opportunities that take advantage of the City's moderate climate and enhances the overall ambiance of the City. Sidewalk dining is particularly attractive during the summer and fall months. 1 (e) Currently, the City allows the establishment of sidewalk dining in all commercial districts and the Residential Visitor Commercial District subject to the approval of a Performance Standard Permit and either a licensing agreement or a Sidewalk Use Permit. (f) Santa Monica Municipal Code Section 9.04.12.120 establishes the general zoning requirements that govern sidewalk cafes. Specific design guidelines have also been developed that govern the placement and operation of outdoor dining uses along the Promenade, Transit Mall and Ocean Avenue. (g) On February 11, 2003, the City Council directed staff to analyze and develop standards for sidewalk dining that would increase the opportunities for outdoor dining. (h) There are two current impediments to establishing sidewalk dining - the parking requirements that must be met and the need to obtain a Performance Standards Permit. (i) Excluding the Bayside District, if a restaurant expands into a sidewalk area, parking is required for the new area. While this additional parking may only consist of one or two new parking spaces, it is extremely difficult for existing businesses to locate this additional parking or obtain a parking variance. Requiring that a performance standard permit be obtained is unnecessary given the carefully crafted standards that must be met. 0) Sidewalk cafes will still need to receive any necessary approval from the City's Environment and Public Works Management and Resource Management departments. 0) The City Council finds and declares that the public health, safety and general welfare requires adoption of an interim ordinance to waive the parking requirement for any outdoor dining area of 200 square feet or less and to allow for administrative approval of sidewalk dining in order to provide assistance to the City's restaurants given the current 2 economic conditions and the critical role that restaurants play in the vitality of the City's commercial districts and the overall health of the local economy. (k) For these reasons, the City"s zoning and planning regulations should be revised as they pertain to sidewalk dining to modify the processing and parking requirements. (I) Pending completion of these permanent revisions, in order to protect the public health, safety, and welfare, it is necessary on an interim basis to change current development standards as they relate to sidewalk dining. (m) These interim standards will serve to promote sidewalk dining and assist restaurants to survive during this difficult economic period (n) In light of these concerns, the City Council adopted Ordinance Number 2083 (CCS) on June 24,2003 which allowed for administrative approval of sidewalk cafes and waived the parking requirement for sidewalk cafes of a specified size. However, this ordinance will expire on August 15, 2003 unless extended. Extension of this ordinance will provide the City with adequate time to review whether the interim ordinance has assisted ~ the City in improving the pedestrian environment and the economic vitality of the City's commercial districts. (0) As described above, there exists a current and immediate threat to the public safety, health, and welfare should this interim ordinance extending the initial interim ordinance not be adopted and sidewalk dining not be allowed consistent with these proposed revisions. Consequently, it is necessary for this ordinance to extend the provisions of Ordinance Number 2083 (eCS) up to and including August 6, 2004, establishing on an interim basis the following development standards. 3 SECTION 1. Penni! Reauired for Sidewalk Cafes. All sidewalk cafes for which an administrative application was deemed complete on or after June 10, 2003 shall confonn to the provisions of this Section: (a) Applicability. Sidewalk cafes shall be considered a permitted use in all commercial districts' and the Residential Visitor Commercial District subject to administrative approval pursuant to Santa Monica Municipal Code Section 9.04.20.28 et seQ. A sidewalk cafe shall comply with the property development standards set forth in this Section and the property development standards for the district in which it is to be located as set forth in the City's Zoning Ordinance except to the extent inconsistent with this Section. (b) Accessory Use. A sidewalk cafe shall be conducted as an accessory use to a legally established restaurant or other eating and drinking establishment that is located on a contiguous adjacent parcel. (c) Design Guidelines. Sidewalk cafes on the Third Street Promenade shall comply > with the adopted Third Street Promenade Outdoor Dining Standards. Sidewalk cafes on the Transit Mall shall comply with the adopted Outdoor Dining Standards for Santa Monica Boulevard and Broadway. Sidewalk cafes on Ocean Avenue shall comply with the adopted Outdoor Dining Standards for Ocean Avenue. (d) Barriers. If barriers are provided, they shall be in the manner required by the City including any applicable design guideline. (e) Enclosure. Awnings or umbrellas may be used in conjunction with a sidewalk cafe, but there shall be no permanent roof or shelter over the sidewalk cafe area. Awnings 4 shall be adequately secured, retractable, and shall comply with the provisions of the Uniform Building Code adopted by the City and any applicable design guideline. (f) Fixtures. The furnishings of the interior of the sidewalk cafe shall consist only of movable tables, chairs and umbrellas. lighting fixtures may be permanently affixed onto the exterior front of the principal building. Fixtures shall also comply with any applicable design guideline. (9) Refuse Storage Area. No structure or enclosure to accommodate the storage of trash or garbage shall be erected or placed on, adjacent to, or separate from the sidewalk cafe on the public sidewalk or right-of-way. Sidewalk cafes shall remain clear of litter at all times. (h) Hours of Operation. The hours of operation of the sidewalk cafe shall be limited to the hours of operation of the associated restaurant or other eating and drinking establishment. (i) Parking. Sidewalk cafes that do not exceed two hundred square feet in area shall not be required to provide any additional parking. Sidewalk cafes that exceed that amount shall comply with parking requirements established in Santa Monica Municipal Code Section 9.04.10.08.040. SECTION 2. This Ordinance shall apply to any administrative application for a sidewalk cafe deemed complete after June 10, 2003. 5 SECTION 3. This Ordinance shall be of no further force or effect after August 6, 2004 unless prior to that date, after a public hearing, noticed pursuant to Santa Monica Municipal Code Section 9.04.20.22.050, the City Council, by majority vote, extends this interim ordinance. SECTION 4. Any provision 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, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 5. 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. SECTION 6. 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 6 newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: ~1kM' MARSHA JO S MOUTRIE 0<.e City Attorney 7 Approved and adopted this 8th day of July, 2003. J--Qt Richard Bloom, Mayor State of California ) . County of Los Angeles.) ss. City of Santa Monica ) I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2088 (CCS) had its introduction on June 24,2003, and was adopted at the Santa Monica City Council meeting held on July 8, 2003, by the following vote: Ayes: Council members: Feinstein, Mayor Pro Tem McKeown, Katz, Genser, Holbrook, O'Connor, Mayor Bloom Noes: Council members: None Abstain: Council members: None Absent: Council members: None - ATTEST: \..LQ~. ~...".A Maria M. Stewart, ity Clerk ATTACHMENT C LETTERS OT COUNCIL FROM NOMA, WILMONT AND MONTANA MERCHANTS ASSOCIATION, MARCH 2003 310-391-9996 RESOURCE MGMT ADMIN. 288 P04 OCT 14 ~03 10:08 Wilshire Montana Neighborhood Coalition P.O. Box 607 Santa Monica, CA. 90406 To Whom It M2y Concern: March 18,2003 The Board Qf the Wilshire/Montana Neighborhood Coalition passed the following resolution during a board meeting on Mareh 17,2003. "Those aspects of the Montana Ave. Master Plan moratorium, necessary to allow "the new outdoor dining guidelines~ to apply to Montana Ave. should be lifted" The board fuels outdoor dining is to be encoWliged; residents enjoy outdoor dining a 1d it adds to the ambience of Montana Ave. However, the board also feels its important t) establjsh and follow guidelines that insure comfortable safe pedestrian use oCtbe sidewalks. Beuys6-s.9lt~ Se~rctwy Wilshire/Montana Neighborhood CoaJit ion ce. Montana Ave. Merchants Organization 310-391-9995 RESOURCE MGMT ADMIN. 288 P05 OCT 14 '03 10:08 NORTH OF MONTANA ASSOCIATION PMB 516, 1007 Montana Avenue Santa Monica, CA90403 To: SANTA MONICA CITY COUNCIL 1 PLANNING COMMISSION Hono:"able Council Members and Commission Members, The North ot Montana Association board and members are in agre4~ment with the Montana Avenue Merchants Association',and we urge that outside dining permits should be reinstated and new ones approved (where applicable) for a.lready eXlstin& x-estaurant'5 and ..ncidental food places. Respectfully, :>e~~ lo~ Sheila Wells, Chair NOMA Marcil 10, 2003 310-391-9996 RESOURCE MGMT ADMIN. 288 P03 OCT 14 ~0310:08 mon+"'~~ A"tJt~", m eot"t:"--' ~ A ssoc.:, 0-. ~', O~ ~\ CD mo"^~o-.~ A"e.'Y'''e.. '3\0" 3~5" 5S5CJ' Sc..~,,"Lmon;L~J c.o.. C\c'Io 3 . q ~..,. 3'o..:lCoo-.oo~ lYlo "'~A.Y\_ A~c",,<<. mc~c..\.w...-..~ A .soe.l...:-\.i_--- \., (4f'\ ~~f.~C'--'~ '-t":-\-\" ~ nc.j~"''btrrS . ~~'" ~",a. "",",~",.-,. m."",~",~ ~ ~ lnomA ~ ~'L.1'V\O~-r) -\~~~ cu......~iJe ~,~ ,~~ r~,..~..\-s $t~6~' S) \)<<. r&'\ne"~.o-..trc'.R o..'O.l. 1'\e~ cl.\",\~ f~-~-\" OI.rpN_Jl ~.,.c. o.rf'\c.a.\.~') ~o~ o-'''c''~?r 4!..,x 'I~~ ;~~ r e.!J'to-.uV"~~~s ~~ \~C!',cl.e,,~o-.' c.ocul p\Q.'~~ . -:!~~e. \\-~ W~ ,.,.....- Y"f\ Q"It'\ ~~,.,.. Av.. W"\.J e. c.. ~o..\ or YY\o~~~Y\~ A-t/t Y"W<<.. yY\erc~~+ A.s.e,...:'~'o'1\ 4-l W~ \'Y\ 0.. r ...'" \ c) J 01. 0 0 3 ATTACHMENT D PUBLIC NOTICE NOTICE OF A PUBLIC HEARING BEFORE THE SANTA MONICA CITY COUNCIL SUBJECT: Montana Avenue C2 Neighborhood Commercial District Ordinance Amendment A public hearing will be held by the City Council to consider the following request: Introduction and first reading of an ordinance to amend the Santa Monica Municipal Code to modify permitted uses, prohibited uses and property development standards in the C2 Neighborhood Commercial District along Montana Avenue. The proposed amendments require modifications to Section 9.04.08.16.020, Section 9.04.08.16.050 and Section 9.04.08.16.060 of the Municipal Code. DATE/TIME: TUESDAY, July 27,2004, AT 6:45 p.m. LOCATION: City Council Chambers, Second Floor, Santa Monica City Hall 1685 Main Street, Santa Monica, California HOW TO COMMENT The City of Santa Monica encourages public comment. You may comment at the City Council public hearing, or by writing a letter. Written information will be given to the City Council at the meeting. Address your letters to: City Clerk Re: Montana Avenue Ordinance Amendment 1685 Main Street, Room 102 Santa Monica, CA 90401 MORE INFORMATION If you want more information about this project or wish to review the project file, please contact Paul Foley, Senior Planner at (310) 458-8341, or bye-mail at paul-foley@santa-monica.org. The Zoning Ordinance is available at the Planning Counter during business hours and on the City's web site at www.santa-monica.orq. The meeting facility is wheelchair accessible. For disability-related accommodations, please contact (310) 458-8341 or (310) 458-8696 TTY at least 72 hours in advance. All written materials are available in alternate format upon request. Santa Monica Big Blue Bus Lines numbered 1, 2, 3, 5, 7, 8, 9, and 10 serve City Hall. Pursuant to California Government Code Section 65009(b), if this matter is subsequently challenged in Court, the challenge may be limited to only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City of Santa Monica at, or prior to, the public hearing. ESPANOL Esto es una noticia de una audiencia publica para revisar applicaci6nes proponiendo desarrollo en Santa Monica. Si deseas mas informaci6n, favor de lIamar a Carmen Gutierrez en la Divisi6n de Planificaci6n al numero (310) 458-8341. APPROVED AS TO FORM: ~/~~tLl~ AMANDA SCHAC ER Planning Manager f:\plan\share\cc\notices\2004 \ T A04-005C2Montana.doc