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O2312f:\atty\muni\laws\barry\SCD-City Text Amendment City CouncilORD0525102d City Council Meeting: 5-25-2010 Santa Monica, California ORDINANCE NUMBER 2312 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 9.04.08.35.050 AND 9.04.08.34.060 TO MODIFY THE ALLOWABLE HEIGHT FOR EXISTING SOLID WASTE TRANSFER STATIONS, MATERIAL RECOVERY FACILITIES, AND PUBLIC UTILITIES SERVICE CENTERS, OR THEIR IMPROVEMENT THERETO, IN THE M1 AND LMSD ZONING DISTRICTS AND TO EXEMPT THESE FACILITIES, OR THEIR IMPROVEMENT THERETO, FROM THE BUILDING VOLUME ENVELOPE REQUIREMENTS OF SANTA MONICA MUNICIPAL CODE SECTION 9.04.10.02.040. WHEREAS, the Zoning Ordinance currently limits the height of buildings in the M1 zone to 30 feet with exceptions for certain artist studios .and school-related recreational facilities to reach 45 feet in height; and WHEREAS, the Zoning Ordinance currently limits the height of buildings in the LMSD zone to 30 feet with exceptions for certain schools and entertainment-related facilities to reach 45 feet in height; and WHEREAS, on October 13, 2009; the City filed an application for a text amendmenf to allow the proposed Self Haul Facility and Materials Recovery Facility to reach a height of up to 45 feet in the M1 zone; and WHEREAS, on October 5, 2009, Southern California Disposal ("SCD") filed an application for a text amendment to allow the proposed SCD addition to reach a height of up to 35 feet in the LMSD zone; and 1 WHEREAS, the proposed text amendments are consistent in principle with the goals, objectives, policies, land uses, and programs specified in .the adopted .General Plan, in that Land Use Element Objective 1.9 for the Industrial Conservation District seeks to !'preserve existing and accommodate future' industrial and manufacturing use, particularly to provide employment for the low-skill and entry-level segment of the Santa Monica workforce." The improvement and continued use of the City Transfer Station and the expansion and continued use of the SCD transfer station will ensure the preservation of the existing industrial uses at these locations and employment for the current workforce; and WHEREAS, the public health, safety, and general welfare require the adoption of the proposed amendments, in that the proposed .amendments will allow for the improvement of the existing City Transfer Station facility and enclose the various operations that are currently conducted outdoors in unenclosed areas and the expansion of the existing SCD transfer .station building at its existing The additional building height will enable the facilities to accommodate certain trucks and equipment allowing municipal solid waste- and recyclable materials to be more efficiently processed. The diversion of recyclable materials from the waste stream contributes to creating a more sustainable City, and by providing an improved central location for the efficient transfer of construction and demolition debris, green waste, and food waste from both city collection trucks, private haulers, contractors, and residents, the amount of solid waste being delivered to local landfills from the City can be reduced. The City Transfer Station will also allow waste and debris at the site that was previously out in open air ` to be contained within confined and enclosed areas, limiting impacts 2 associated to noise and odors among others. The SCD transfer station addition will also continue to allow waste and debris at the site to be contained within a confined and enclosed area; and WHEREAS, on April 21, 2010, the Planning Commission reviewed and recommended the proposed text amendments, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code Section 9.04.08.35.050 is hereby amended to read as follows: 9.04.08.35.050 Property development standards. All property in the Light Manufacturing and Studio District shall be developed in accordance with the following standards:. (a) Maximum Building Height. The maximum building height shall be two stories, not to exceed thirty feet, except: (1) 'The following projects may have a maximum height of four stories, forty-five feet: 3 (A) Projects involving the expansion of public or private elementary and secondary schools (Grades K through 12) existing prior to September 8, 1988; (B) Entertainment-related facilities including sound stages, movie :studios, editing facilities, post- .production facilities, set construction facilities and special effects facilities; (C) Theaters. (2) Existing solid waste transfer stations, material recovery facilities, and public utility service centers, or their improvement thereto, may have a maximum height of two stories, 35 feet. Such existing structures, or their improvement thereto, shall'be exempt from the building volume envelope. 'requirements set forth in Section 9.04.10.02.040. (3) There shall be no limitation on the number of stories of any detached parking structure so long as the height does not exceed the number of feet permitted in the district. -.4 (b) Maximum Floor Area Ratio. Maximum floor area ratio shall be 1.0, except the following projects may have a floor area ratio of 1.5: (1) Projects involving the expansion of public or private elementary and secondary schools (Grades K through 12) existing prior to September 8, 1988; (2) With approval of a development review permit, projects .including artist studios, provided the additional .5 floor area ratio is devoted to artist studio use, and the commercial square footage does not exceed 1.0 floor area ratio. (c) Minimum Lot Size. The minimum lot size shall be fifteen thousand square feet, each lot shall contain a minimum depth of one hundred fifty feet and a minimum ~,vidth of one hundred feet, except that lots existing on the effective date of the ordinance codified in this Chapter shall not be subject to this requirement (d) Front Yard Setback. All landscaping shall be in accordahce with the provisions of Part 9.04.10:04 of this Code. 5 (e) Rear Yard Setback. No rear yard setback shall be required except:. , (1) Where the rear parcel line abuts a residential district, a rear yard equal to: 5' + (stories "lot width) 50' shall be re:~uired. The required rear-yard may be used for parking or loading to within five feet of the rear parcel lihe, 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 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) Such- rear yard setback as is necessary to accommodate landscaping and screening for a rear yard L buffer required pursuant to the provisions of Part 9.04.10.04 of this Code. (f) Side Yard Setback. No side yard setback shall be required except: (1) Where the interior side parcel line abuts a residential district, an interior side yard equal to: 5' + (stories "lot width) 50' shall be required. "fhe interior side yard may be used for parking or loading no closer than 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; (~) Such side yard setback as is needed to accommodate landscaping required for a street side yard, 7 landscape buffer and screening pursuant to the provisions of Part 9.04.10.04 of this Code. (3) For portions of buildings that contain windows, doors, or other openings into the interior of the building, a ten-foot setback from an interior property line shall be required. An interior side yard setback of less than ten feet shall be permitted if provisions of the Uniform Building Code related to fire-rated opehings ih side yards are satisfied, (g) Building Stepback. Building stepbacks shall be provided pursuant to the requirements of Section 9.04.10.02.040, unless the Architectural Review Board finds that modification or elimination of this requirement will not be detrimental to the property, adjoining properties, or ,the general area in which the property is located and the objectives of the stepback requirement are satisfied by the provision of alternative stepbacks or other building features which redace effective mass to a degree comparable to ather relevant standards. (h) Olympic Boulevard Setback. Buildings shall be setback a minimum of twenty feet from Olympic Boulevard. 8 (i) Development Review. Except for projects listed in Section 9.04.10.14:050, a development review permit is required for any development of more than seven thousand five hundred square feet of floor area, for any development with rooftop parking, and for projects which include artist studios with a 1.5 floor area ratio, provided the additional 0.5 floor area ratio is devoted to artist studio use, and the commercial square footage does not exceed 1.0 floor area ratio: Square footage devoted to residential use shall be reduced by fifty percent when calculating whether a development review permif is required. SECTION 2. Santa Monica Municipal Code Section 9.04.08.35.050 is hereby amended to read as follows: 9.04.08:34.060 Property development standards. All property in the M1 District shall be developed in accordance with the following standards: (a) Maximum Building Height. Two stories and thirty feet or with approval of a development review permit for one hundred percent affordable artist studios only, three stories and forty-five feet. For recreational facilities associated with public or private primary or secondary schools, two stories and forty-five feet. Existing solid waste E transfer stations, material recovery facilities, and public utility service centers, or their improvement thereto, two stories and forty-five feet. These existing public utility service centers, solid waste`trarisfeP stations, and material recovery facilities, or their improvement thereto, shall be exempt from the building volume envelope requirements set forth in Section 9;04.10.02.040. Within fifty feet of a residential district, no portion of any structure shall exceed the maximum permitted height of the adjoining residential district. There shall be no limitation on the number of stories of any detached parking structure so long as the height does not exceed the number of feet permitted in this Section. (b) Maximum ;Floor Area Ratio. 1.0 or 1.5 for development of one hundred percent affordable artist studios with approval of a development review permit. (c) Minimum Lot Size. Fifteen thousand square feet. Each parcel shall contain a minimum depth of one hundred fifty feet and a minimum width of one hundred feet, except that parcels existing on the effective date of the ordinance codified in this Chapter shall not be subject to this requirement. 10 (d) Front Yard Setback. Landscaping as required pursuant to the provision of Part 9.04.10.04. (e) Rear Yard Setback. None, except: (1) Where the rear parcel line abuts a residential district, a rear yard equal to: 5' + (stories "lot width).. 50' 1-he 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 riot 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 screenng for a rear yard buffer required pursuant to the provisions of Part 9.04.10.04. 11 (f) Side Yard Setback. None, except: (1) Where the interior side parcel line abuts a residential district, an interior side yard equal to: 5' + (stories 'lot width) 50' The interior side yard may be used for parking or loading no closer than five feet to the interior side property line provided the parking or loading does not extend above the first floor level ahd provided a wall not less than five feet or more than six feet 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. 12 (g) Development Review. Except for projects listed in Section 9.04.10.14.050, a development review permit is required for development of more than seven thousand five hundred square feet of floor area and any development with rooftop- parking. Square footage devoted to residential use shall be reduced,by fifty percent calculating whether a development review permit is required. SECTION 3. 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, 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. 13 SECTION 5.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 be effective 30 days from its adoption. 14 APPROVED AS TO FORM: Approved and adopted this 26th day of May, 2010,E 1 State of California ) County of Los Angeles) ss. City of Santa Monica ) Shriv$r, Mayor I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 23.12 (CCS) had its introduction on May 11th, 2010, and was adopted at the Santa Monica City Council meeting held on May 25th, 2010, by the following vote: Ayes: .Council members: McKeown, Davis, Holbrook, O'Day, Bloom Mayor Pro Tem O'Connor, Mayor Shriver Noes: Council members: None Abstain: Council members: None Absent: Council members: None A summary of Ordinance No. 2312 (CCS) was duly published pursuant to California Government Code Section 40806. ATTEST: Maria Stewart, City erk