SR-051088-6B (2)
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city Council Meeting 5-10-88
STAFF REPORT
TO:
Mayor and City council
FROM:
city Attorney
Ordinance 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 April 26, 1988, the City Council
introduced for first reading an ordinance 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
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CA:RMM:lld313b/hpc
City Council Meeting 5-10-88
santa Monica, California
ORDINANCE NUMBER
(City council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA ESTABLISHING INTERIM HEIGHT LIMITS,
ALLOWABLE FLOOR AREA RATIOS, AND PROPERTY DEVELOPMENT
STANDARDS PENDING ADOPTION OF THE DRAFT COMPREHENSIVE
LAND USE AND ZONING ORDINANCE
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 City Council conducted public hearings on the
Fourth Draft of the Comprehensive Land Use and zoning Ordinance
on February 16, February 29, and March 1, 1988. The City Council
has given extensive direction to staff regarding revisions to the
Fourth Draft of the Comprehensive Land Use and Zoning Ordinance
on March 5, March 8, AprilS, and April 19, 1988.
(b) The revisions to the Fourth Draft of the Comprehensive
Land Use and Zoning Ordinance will not be presented to the city
Council for several months.
(c) In order to ensure that development proceeds in a
manner not inconsistent with the new standards which will be
adopted by the City in its Comprehensive Land Use and Zoning
Ordinance and to ensure that scarce land resources are not
committed to development which is not in the best interests of
the City, this Ordinance establishes interim standards for
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development which will be effective until the city council adopts
the Fourth Draft of the Zoning Ordinance as amended by the city
Council.
(d) The City Council finds that the adoption of interim
development standards is preferable to enactment of a moratorium
on development.
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 IIArea Map," a copy of which is
attached to this Ordinance as Exhibit "A," as follows:
Area
Exception
standards
C2
2 stories, 30 feet
.75 FAR in all areas
except:
pi co Boulevard
2 stories, 30 feet
1. 0 FAR
C3
3 stories, 45 feet
2.0 FAR or
4 stories, 56 feet
2.5 FAR with Site
Review in all
areas except:
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C3C
C4
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6th and 7th 3 stories, 45 feet
Streets 2.0 FAR or
between Santa 4 stories, 56 feet
Monica Boulevard 2.5 FAR if the
and Colorado project is 50%
residential
5th street
between Wilshire
Boulevard and
Colorado
Auto Dealers
4 stories, 56 feet
2.5 FAR or
6 stories
3.0 FAR with site
Review in all
areas except:
3 stories, 45 feet
2.0 FAR or
4 stories
2.5 FAR with Site
Review
2 stories, 30 feet
1.5 FAR or
3 stories, 45 feet
2.0 FAR with site
Review in all
areas except:
2 stories, 30 feet
1.5 FAR or
3 stories, 45 feet
2.5 FAR 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
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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
C5
C6
cc
Ml & M2
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pico Boulevard
from Lincoln
Boulevard to
11th street
Pico Boulevard
from 21st to
31st streets
14th street
street from pico
Boulevard to the
I-10 Freeway
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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
1.0 FAR 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
3 stories, 45 feet
2.0 FAR or
4 stories, 56 feet
2.5 FAR with Site
Review
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
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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 east, the project
complies with R3 property development standards set forth in
Chapter 1 of Article IX of the Santa Monica Municipal Code.
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(c) 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 Pico 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.
(d) with regard to a project located in the boundaries of
the Mall Specific Plan area, the project complies with the
standards set forth in the Mall Specific Plan.
(e) The application for a project was deemed complete by
the city on or before April 29, 1988.
(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" if the missing
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information is supplied within two working days of the city I s
request. This Section is to be construed as mandatory and not
declaratory with respect to the time within which the city may
act before an application is automatical1y deemed complete.
(2) If an application for a project has been deemed
complete by the city on or before April 29, 1988, a subsequent
application for a project 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 Section shall not apply for purposes of
deeming an application complete under the Permit streamlining
Act.
(f) The project is determined to have a hardship exemption
pursuant to Section 3 hereof.
SECTION 3. Hardship Exemption Process.
(a) Any person claiming a hardship exemption from Section
5 of this Ordinance must substantiate the claims in a proceeding
under this Section. In such a proceeding, the person seeking the
hardship exemption shall have the burden of proof.
(b) Claims of hardship shall be determined by the City
Council. Claims shall be filed on a form approved by the City
Attorney. The City Council shall, within sixty (60) days of the
date of filing of a claim, hear and determine whether to grant or
deny the claim. Decisions of the City Council shall be
reviewable by writ of mandate, subject to the ninety (90) day
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time limitation set forth in Santa Monica Municipal Code Section
1400.
(c) In order to obtain a hardship exemption, the claimant
must show each of the fol1owing:
(1) The claimant incurred substantial expenditures or
liabilities, including expenditures for securing a removal or
other permit, if any, from the Santa Monica Rent Control Board
and for architectural drawings to develop a proj ect consistent
with City requirements in effect prior to the date of adoption of
this Ordinance.
(2) The expenditures or liabilities were incurred
prior to April 29, 1988.
(3) In determining what constitutes substantial
expenditures or liabilities, consideration should be given to the
nature and significance of the work performed, the dollar costs
of the expenditure, and the percentage of the total project costs
represented by the expenditures and liabilities.
(d) An application for a hardship exemption under this
Section shall be filed on or before June 15, 1988.
SECTION 4. 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.
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
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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 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 newspaper
within 15 days after its adoption.
effective 30 days from its adoption.
The ordinance shall be
APPROVED AS TO FORM:
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ROBERT M. MYERS
City Attorney
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