SR-02-12-2013-7BCity Council Meeting: February 12, 2013
Agenda Item: `- '-
To: Mayor and City Council
From: David Martin, Director of Planning and Community Development
Subject: Amendment to Interim Zoning Ordinance Number 2407 (CCS) to Modify
the Requirements for Ministerial Processing of 100% Affordable Housing
Projects of 50 or Fewer Units
Recommended Action
Staff recommends that the City Council introduce for first reading the attached
ordinance to modify Interim Zoning Ordinance Number 2407 (CCS), Section 3(d)
entitled "100% Affordable Housing Projects" to provide that housing projects of 50 or
fewer units are eligible to be processed with ministerial approval if a minimum of 25% of
the units are restricted to households with low, very low or extremely low income,
defined as 60% of Area Median Income (AMI) or less, and the remainder of the units
are restricted to moderate income at 80 %, effective January 8, 2013.
Executive Summary,
The proposed modification is intended to provide a greater mix in housing affordability
levels and addresses the City's need for low, very low and extremely low affordable
housing units. Currently a development project is eligible for administrative approval if
the proposed housing project of 50 units or less contains all moderate - income deed -
restricted units. The amendment would require that at least 25% of the affordable units
serve low income categories, defined as households at 60% of Area Median Income
(AMI) or less. Units serving moderate income households would be limited to 75% of
the total mix. Offering administrative approval is a valuable tool for the City to achieve
desired housing goals. With the loss of Redevelopment funds previously used toward
the creation of affordable housing, it is critical that the City find alternative ways to
address the housing needs of low income individuals and families. This provision would
be applicable to all projects that have not received an Administrative Approval before
January 8, 2013.
Background
Council directed staff, at its January 22, 2013 meeting, to return with an ordinance to
require a greater mix of affordable units, including a minimum percentage of low income
units, in the City's Interim Zoning Ordinance provision that allows ministerial processing
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of 100% Affordable Housing Projects of 50 or Fewer Units. Specifically, Council
requested that a minimum off 25% of the units be restricted to low income categories,
defined as households at 60% of Area Median Income (AMI) or less. The provisions
currently in place were adopted with the Interim Zoning Ordinance on February 8, 2011
that established standards while the Zoning Ordinance Update to implement the Land
Use and Circulation Element (LUCE) was underway. The current provision was included
as a way to support the City's desire to reduce barriers for the creation of affordable
housing. Affordable projects with 50 units or less were provided with an option for
ministerial processing if all the units were deed restricted to serve households with
incomes 80% or less of the AMI, a definition of a "moderate" income household.
Discussion
The dissolution of Redevelopment and the associated loss of the City's primary funding
source for affordable housing have affected the City's ability to produce housing for the
lowest household income categories. Historically, the City has annually invested
approximately $15 million of Housing Trust Funds to finance affordable housing through
loans and grants to non - profit housing developers. With the dissolution of
Redevelopment, the majority of the Housing Trust Fund dollars, as well as the City's
ability to leverage outside funding, is gone. The issue of affordable housing is of great
concern and has been the subject of several Council sessions, the most recent on
December 11 2012.
Southern California Association of Governments' (SCAG) projections and the City's
current Housing Element update process identify the need for a significant number of
low income housing units. This need is discussed in the February 28, 2012 Council
study session on housing.
The LUCE identifies affordable housing as one of the City's highest priorities and
identifies the creation of affordable housing as both a requirement and community
benefit. The overarching goal of the LUCE housing policy is to create significant new
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additional affordable housing opportunities where few or none currently exist (p. 3.3 -2
and 3.3 -11). The loss of Redevelopment is a significant change since the passage of
the original Interim Zoning Ordinance and necessitates a rethinking of the incentives
directed at the creation of affordable housing. The proposed change would encourage
a broadened mix of affordable housing stock and will direct resources toward the
housing needs of the lowest income residents
To date, the incentive to create moderate - income affordable housing units has been
effective. The units created serve as workforce housing and are meeting a need.
However, it is important that the City's housing stock continue to offer a mix in housing
affordability levels. The amendment would require that at least 25% of the affordable
units serve low income categories, defined as households at 60% of Area Median
Income (AMI) or less. Units serving moderate income households would be limited to
75% of the total mix.
The proposed amendment would apply to all 100% Affordable housing projects of 50 or
fewer units that have not received an Administrative Approval before January 8, 2013.
This amendment would not apply to 100% Affordable housing projects that are being
developed pursuant to a settlement agreement with the City.
Alternatives
As proposed, the amendment would require that at least 25% of the affordable units
serve low income categories, defined as households at 60% of Area Median Income
(AMI) or less. The remainder of the units would be restricted to moderate income at
80% AMI. City Council could elect to change the required percentage.
Environmental Analysis
The proposed ordinance is exempt from the provisions of the California Environmental
Quality Act (CEQA) pursuant to CEQA Section 15061(b)(3) which states that, if it can be
seen with certainty that the project (interim ordinance) has no possibility of significant
effect on the environment, it is not subject to CEQA review. The proposed ordinance
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merely changes the level of affordability requirements within the processing provisions
for the same size 100% affordable housing project. Projects that do not meet the size
or affordability requirements will be subject to discretionary review and evaluation
pursuant to CEQA.
Public Hearing
A notice for this public hearing was published at least 10 days prior to the hearing in the
Santa Monica Daily Press.
Financial Impacts & Budget Actions
There is no immediate financial impact or budget action necessary as a result of the
recommended action.
Prepared by: Ellen Gelbard, Assistant Director, Planning and Community Development
Approved:
Pin, Director
Planning and Community Development
Attachments: Proposed Ordinance
Forwarded to Council:
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Rod Gould
City Manager
City Council Meeting 02 -12 -13 Santa Monica, California
ORDINANCE NUMBER (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING INTERIM ORDINANCE NUMBER 2407 (CCS), WHICH
ESTABLISHED INTERIM DEVELOPMENT PROCEDURES PENDING
IMPLEMENTATION OF THE LUCE, INCLUDING MODIFICATIONS ADDRESSING
ORDINANCE APPLICABILITY, CM DISTRICT NON - CONFORMING USES, SHARED
PARKING AND FAR CALCULATIONS IN THE DOWNTOWN, EXEMPTIONS FOR
CITY PROJECTS, PROVISIONS RELATING TO THE PERMITTED NUMBER OF
RESTAURANTS IN THE CM DISTRICT, THE REPLACEMENT OF EXISTING PUBLIC
PARKING SPACES WITHIN PUBLIC PARKING STRUCTURES IN BSC -2 AND C3 -C
ZONING DISTRICTS, AND AUTHORIZATION OF EXISTING NONCONFORMING
AUTOMOBILE DEALERSHIP USES AND MINOR EXPANSIONS THERETO IN
RESIDENTIAL AND "A" OFF - STREET PARKING OVERLAY ZONES, TO MODIFY
THE REQUIREMENTS FOR MINISTERIAL PROCESSING OF 100% AFFORDABLE
HOUSING OF 50 OR FEWER UNITS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Findings and Purpose. The Council finds and declares:
(a) The City adopted a new Land Use and Circulation Element of the General
Plan of the City of Santa Monica ( "LUCE ") on July 6, 2010 but has not yet adopted
amendments to the City's Zoning Ordinance reflecting the LUCE's policies, goals and
standards.
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(b) The adoption of the LUCE was the culmination of a multi -year planning
process that commenced in 2004.
(c) The LUCE encompasses the community's vision of the City's future and is
designed to maintain the City's character, protect the City's neighborhoods, manage its
transportation systems, and encourage additional housing in a sustainable manner that
ensures a high quality of life for the City's residents.
(d) The LUCE implements the community's core values through its focus on
community character and neighborhood conservation, future trip reduction, vibrant and
walkable villages, integrated land use and transportation, local land uses and housing,
jobs tied to housing and transit, promotion of social and fiscal health and diversity,
sustainability, community benefits, open space, and implementation, phasing and
monitoring.
(e) The LUCE goals and policies are predicated on the integration of land use
and transportation including a focus on the type of land uses, the location of land uses,
the quality of projects, the amount of developmental change, and the pace of this
change.
(f) The LUCE was prepared with the general purpose of guiding and
accomplishing coordinated and harmonious development of the City which, in
accordance with existing and future needs, best promotes the public health, safety, and
general welfare, as well as efficiency and economy in the process of development.
(g) The LUCE substantially revises the City's land use policies, goals, and
standards.
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(h) The City's planning and zoning regulations are presently under
comprehensive review and revision in order to ensure that such regulations are
consistent with the General Plan as amended and consistent with the public health,
safety, and welfare. This comprehensive revision of the City's Zoning Ordinance is a
substantial project which is crucial to the community's long -term welfare as reflected in
the goals, policies, and standards of the LUCE. Major elements of the comprehensive
revision of the Zoning Ordinance are expected within 12 months.
(i) Certain critical areas of conflict between the LUCE and the existing Zoning
Ordinance have been identified by the City's Planning and Community Development
Department as it has reviewed pending applications subsequent to the adoption of the
LUCE.
Q) Zoning Ordinance Part 9.04.20.28 establishes the applicability and
procedures for issuance of administrative approvals which provide for the ministerial
administrative review and assessment of proposed developments subject to explicit
standards contained in the Zoning Ordinance.
(k) The administrative approval process is premised on the assumption that the
explicit standards in the Zoning Ordinance have been adopted to ensure that a
completed project is in harmony with existing or potential development in the area and
is consistent with the goals, objectives, and policies of the General Plan.
(1) However, this premise underlying the administrative approval process is no
longer applicable given the significant ways in which the LUCE differs from the prior
Land Use and Circulation elements including, but not limited to, the direct linkage
between land use and transportation policies and programs and the establishment of
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new development policies and standards which ensure that quality development
contributes to the character of the City.
(m) Additionally, the LUCE establishes a base height for each land use as a
baseline. Proposed development which seeks additional height above the base is
subject to discretionary review and must meet additional requirements consistent with
the community's broader social, environmental, and circulation goals. This approach is
defined in three tiers.
(n) Under the LUCE, Tier 2 and Tier 3 projects must provide community benefits
for the City and the neighborhood. More specifically, a developer seeking to develop a
Tier 2 or Tier 3 project must include certain preferred uses, beneficial project design
features, and provide critical amenities or meet other development standards that
address the community's core needs —it's social, cultural, physical, transportation and
environmental goals.
(o) The LUCE identifies five priority categories of community benefits —new
affordable and workforce housing, GHG emission and congestion reduction, physical
improvements to create connections and open space, social and cultural facilities, and
historic preservation.
(p) The existing Zoning Ordinance does not currently incorporate this tier
structure or establish a mechanism to prioritize and necessitate that projects participate
in the community benefit tier structure, which is the basis by which much of the LUCE
vision, goals, and policies will be achieved.
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(q) Additionally, the LUCE establishes 17 distinct land use designations. One of
these land use designations is the Downtown Core. The purpose of this designation is
to maintain and enhance the downtown area as the heart of the City and as a thriving,
mixed use urban environment. Unlike the other land use designations, the LUCE does
not establish new height and FAR development parameters, but instead provides that
the height and FAR along with other development standards shall be determined
through a specific plan process.
(r) At the time the initial interim ordinance was adopted, there were
approximately 700,000 square feet of administrative and development review projects,
not including development agreements, pending planning review. Of the 700,000
square feet, approximately 500,000 square feet was located within the Downtown Core.
Approximately half of the projects in the Downtown Core were Administrative Approvals
that did not require public review and need only comply with objective standards in the
existing Zoning Ordinance. Within the Downtown, bringing forward approximately
200,000 square feet of new development outside of the development agreement
process before the completion of the Downtown Specific Plan meant that nearly a
quarter of the growth anticipated in the Downtown could be constructed inconsistent
with the yet to be adopted Specific Plan. The Downtown Specific Plan will include a
circulation framework that will address the integration of Expo light rail into the
Downtown system, freeway access, direct parking structure access, and congestion;
establishing the foundation for future land use and transportation decisions. If these
Administrative Approvals had proceeded in a piecemeal fashion without these
components, it would have undermined the community vision set forth in the Downtown
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District goals and policies, as well as the Downtown Specific Plan process underway
and would have detrimentally affected the City's ability to implement LUCE goals and
policies, particularly with respect to: providing open spaces, trip reduction, coordinating
with adjacent sites, congestion management, and achieving community goals through
community benefits and quality urban design.
(s) Additionally, transit - oriented districts in the City's transitioning industrial areas
are not reflected in the current zoning ordinance, which allows uses that would now be
considered undesirable and inconsistent with the LUCE.
(t) Pending completion of the comprehensive update to the Zoning Ordinance, it
is essential that development be consistent with the General Plan so that the goals and
values of the community, as reflected in the LUCE, are not significantly undercut.
Adjusting the development standards as provided in this Ordinance will ensure that the
quality of life, the environment, the ability to move around the City, and the efficacy of
the ongoing planning process are preserved.
(u) Adoption of this ordinance would not prohibit any development, but would
instead provide an alternate process by which development is reviewed and approved
so as to ensure consistency with and appropriate implementation of the LUCE.
(v) Adoption of this ordinance would also not materially alter the City's
substantial incentives for residential or mixed use development in non - residential zoning
districts. These incentives would be preserved in local law and policy. For example,
residential development in all of the City's commercial districts would remain authorized.
Thus, residential development could still occur in over 80% of the City.
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(w) After the adoption of the initial interim ordinance, issues were raised relating
to the processing of projects that were in the pipeline prior to the effective date of the
initial interim ordinance which require the City to expeditiously consider and adjust the
applicability provisions of the interim ordinance to ensure fairness to project applicants
while preserving the City's ability to effectuate the goals and policies of the LUCE.
(x) After the interim ordinance was extended on April 26, 2011, it became
apparent that allowing two restaurants per block on the east side of Main Street north of
Ocean Park Boulevard will promote the general welfare by encouraging additional
investment in that neighborhood and strengthening the connection between Main Street
and the Civic Center.
(y) As detailed above and in the LUCE, the City's downtown is a thriving, mixed -
use urban environment for people to live, work, be entertained, and be culturally
enriched.
(z) This area has the greatest concentration of activity in the City, anchored by
the core commercial district, including the Third Street Promenade and Santa Monica
Place.
(aa) The City's publically owned parking structures in the BSC -2 and C3 -C zone
districts are essential to a vibrant, economically viable downtown area, providing
parking for the offices, restaurants, theaters, and residences.
(bb) The vast majority of the City's residents regularly visit downtown and use its
parking resources.
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(cc) The importance of the City's publically -owned parking infrastructure in the
City's downtown is reflected in the numerous studies and reports over the past dozen
years, including but not limited to the 2000 Downtown Parking Management Program,
the 2002 Downtown Parking Task Force strategic plan, the 2006 Downtown Parking
Program, and the 2009 Walker Parking Study.
(dd) These centrally located parking structures enable their users to park once
and then walk to multiple destinations.
(ee) This "Park Once" philosophy contributes to the Downtown's pedestrian
character and is a major underpinning of its success.
(ft) These parking structures are also operated in a manner to meet the City's
LUCE, transportation and economic goals.
(gg) The LUCE calls for a parking management approach which utilizes a
shared pool of parking resources creating a true shared parking district.
(hh) Given these fundamental goals, it is essential that these parking structures
be protected as precious resources to ensure that adequate parking is available and
that easy access is provided to the core of the Downtown thereby promoting its vitality.
(ii) The City has spent millions of dollars retrofitting and maintaining many of
these structures.
0i) In April 26, 2011, the California Supreme Court issued its decision in
California Redevelopment Association v. Ana Matosantos, affirming AB 1X26 which
provides for the dissolution of redevelopment agencies.
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(kk) In AB 1X26, the State legislature incorporated provisions that purport to
require properties formerly owned by the City's Redevelopment Agency to be sold so
that the proceeds can be transferred to the County auditor - controller for distribution to
taxing entities as property tax proceeds.
(II) In such event, to ensure replacement parking essential for the economic
viability of the City's downtown, there is a need for a development standard that
requires an owner to first obtain a final permit for a project providing replacement public
parking within the same district before an owner may remove, redevelop or convert a
parking structure in a manner that results in the removal of public parking spaces.
(mm) On April 11, 2006, the City Council adopted Interim Ordinance Number
2179 (CCS), after lengthy public outreach, environmental review, and hearings,
modifying auto dealership standards in various commercial and residential zoning
districts in the City to better balance the need for auto dealerships to expand and
develop a more urban format within a context of limited land availability and close
proximity to sensitive residential uses. This Ordinance was extended several times, but
expired August 8, 2010.
(nn) Consistent with LUCE goals and policies, it has and continues to be
contemplated that the provisions of the auto dealership interim ordinance would be
included in the Zoning Ordinance Update that is currently under preparation.
(oo) More specifically, Goal E8 of the LUCE states: "Allow for the expansion and
improved performance of automobile dealers in Santa Monica, recognizing their
contribution to the local economy and the revenue base of the General Fund." Further,
LUCE Policy E8.3 states: "Allow automobile dealers to reasonably expand in their
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current locations and otherwise respond to likely global changes in the automobile
industry as long as their redevelopment is in the urban auto dealership format and
incorporates mitigations to reduce any negative impacts on the surrounding residential
and nonresidential uses. The expansion may occur on existing parcels used for
automobile dealerships and on adjacent or proximate parcels."
(pp) Auto dealerships are important to the economic vitality of the City, and
readopting, with modification, certain of the auto dealership interim ordinance
provisions would encourage the retention of these dealerships by enabling these
dealerships to expand and modernize their operations in order to remain competitive in
the industry while ensuring that changes or improvements made on existing automobile
dealer lots are sensitive to and in keeping with the character of adjacent residential
areas.
(qq) The dissolution of the City's Redevelopment Agency and the associated
loss of the City's primary funding source for affordable housing have significantly
impacted the City's ability to produce housing for the lowest household income
categories. Historically, the City's Housing Division. invested approximately $15 million
of Housing Trust Funds annually to finance affordable housing through loans and grants
to non - profit housing developers. With the dissolution of redevelopment, the majority of
the Housing Trust Funds' dollars, as well as the City's ability to leverage these monies
with outside funding has been eliminated.
(rr) The LUCE identifies the production of affordable housing as one of the City's
highest priorities and many of the LUCE policies are targeted at the production of
affordable housing. For instance, LUCE Policy H1.2 provides that the City should
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"maintain programs to require and encourage the production of affordable housing for
very low -, low- and moderate income households," "seek additional opportunities to
increase the percentage of affordable housing as a component of for -sale and qualifying
rental residential and mixed -use housing projects," and "incentivize affordable housing
projects." LUCE Policy H1.3 provides that the City should "incentivize the creation of
new affordable housing opportunities."
(ss) The City is in the process of updating its Housing Element. The City's
Regional Housing Needs Assessment (RHNA) includes four hundred twenty -eight (428)
very low income housing units and two hundred sixty -three (263) low income housing
units.
(tt) The loss of redevelopment monies and the City's future affordable housing
goals as reflected in the RHNA necessitates that the City strengthen its incentives for
the production of housing which provide a greater mix in housing affordability levels and
address the City's need for low, very low and extremely low affordable housing units.
The proposed revision to the standards for the ministerial processing of 100%
affordable housing projects of 50 or fewer units directly addresses this effort.
(uu) In light of the above - detailed concerns, on February 8, 2011, the City
Council adopted Interim Ordinance Number 2345 (CCS) establishing interim
development procedures pending implementation of the LUCE through a revised Zoning
Ordinance; on April 26, 2011, the City Council adopted Ordinance Number 2356(CCS)
extending and amending Ordinance Number 2345 (CCS); on February 28, 2012, the
City Council adopted Ordinance Number 2394 (CCS), further extending and amending
Ordinance Number 2345 (CCS), and on August 28, 2012, the City Council adopted
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Ordinance Number 2407 (CCS) additionally extending and amending Ordinance
Number 2345 (CCS).
(vv) Pending completion of the City's review of its planning and zoning
regulations, it is necessary on an interim basis to modify the Zoning Ordinance as set
forth in Section 2, Section 3, Section 4, Section 5, and Section 6 of this Ordinance.
(ww) As detailed above and in the January 25, 2011, April 26, 2011, February
14, 2012, August 14, 2012, and February 12, 2012 City Council staff reports, there
continues to exist a current and immediate threat to the public health, safety, and
welfare should the interim zoning ordinance and necessary amendments not be
adopted and development of projects inconsistent with the LUCE be allowed to proceed
through the issuance of Administrative Approvals or Development Review Permits
which are not consistent with the explicit standards of the LUCE or with the tier structure
and the provision of community benefits.
SECTION 2. Interim Zoning Regulations
Notwithstanding any provision of the City's Zoning Ordinance to the contrary, the
issuance or extension of permits for either a new development project or for the
expansion of an existing development project that exceeds 7500 square feet
( "development project ") that does not comply with the interim zoning standards set forth
in Section 3, Section 4, Section 5, or Section 6 of this Ordinance is hereby prohibited
and no zoning permits or approvals, subdivision maps, building permits, or other land
use permit shall be approved, issued, or extended for a development project in
contravention of Section 3, Section 4, Section 5, or Section 6, during the pendency of
this Ordinance or any extension thereof.
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SECTION 3. Interim Zoning.
(a) Administrative Approvals. No development project shall be approved
pursuant to Santa Monica Municipal Code Section 9.04.20.28.020 [Administrative
Approvals] unless all of the following findings are made:
(1) The proposed development does not require discretionary review or approval
as established in the Zoning Ordinance, the LUCE, or this Interim Ordinance.
(2) The proposed development conforms precisely to the development
standards contained in both the Zoning Ordinance and in the LUCE for the zoning
district and land use designation in which the development is located.
(3) In the case of any inconsistency between the Zoning Ordinance and the
LUCE pertaining to any objective development standard or permitted use, the proposed
development conforms to the more restrictive development standard and is a permitted
use authorized by the LUCE.
(4) Additionally, notwithstanding subsection (c) of this Section, any pending
Administrative Approval application filed on or before March 11, 2011 for a housing
development project must meet the following Transportation Demand Management
requirements:
(i) Prior to the issuance of building permits, the property owner shall prepare,
implement, and maintain a Transportation Demand Management plan, to the
satisfaction of the City, including physical, operating and leasing conditions that will be
reasonably likely to result in attainment of a 1.50 a.m. and p.m. AVR among employees
at the development within three years and continued achievement and maintenance of
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the AVR targets thereafter. The following measures shall be included in the developer's
TDM plan:
(A) Transportation Information: Developer (and its successors and assignees)
shall provide, to the satisfaction of the City, bulletin boards, display cases, or kiosks,
displaying transportation information located where the greatest number of residents
and employees are likely to see them. This information shall also be provided annually
and upon signing of any lease, to residents and commercial tenants. Information shall
include, but is not limited to, the following:
Current maps, routes, fare information, and schedules for public transit
routes serving the site.
Telephone numbers and website links for referrals on transportation
information including numbers for the regional ridesharing agency and
local transit operators.
® Ridesharing promotional material supplied by commuter - oriented
organizations.
• Bicycle route and facility information, including regional /local bicycle maps
and bicycle safety information.
■ A list of facilities available for carpoolers, vanpoolers, bicyclists, transit
riders, and pedestrians at the site.
■ Walking maps and information about local services, restaurants, movie
theaters, and recreational activities within walking distance of the project.
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(B) Motorcycle Parking: Developer (and its successors and assignees) shall
provide two motorcycle parking spaces allocated in the commercial subterranean
parking level, if commercial parking is provided on -site.
(C) Bicycle Parking: Developer (or successors and assignees) shall provide
and maintain long -term, secure bicycle parking, such as a locked room or cage, for
commercial tenant employees at a rate of one space for each 5,000 sq. ft. of
commercial area, with a minimum of two spaces in City- approved locations. Long -term
secure bicycle parking for the residential component shall be one space per bedroom
and shall be provided in an enclosed, secure space (e.g. bike room, bike lockers).
Short -term bicycle parking for the residential component shall be 0.2 spaces /unit with a
minimum of 4 spaces.
(D) Bicycle, Vanpool, and Carpool Parking Spaces: Developer (or successors
and assignees) shall provide parking space in accordance with SMMC 9.04.10.08.050.
Preferential parking within the parking garage shall be provided for project employees
who carpool or vanpool to work. The charge for such parking spaces will be at a
reduced rate.
(E) Showers: A minimum of one women's and one men's shower and locker
facility shall be provided for employees of commercial uses on site who bicycle or use
another active means, powered by human propulsion, of getting to work or who exercise
during the day.
(F) Unbundling of Parking Spaces: If the City adopts an ordinance or other
legal mechanism which authorizes the unbundling of parking, the Applicant (or
Applicant's successors and assigns) shall in all leases it executes as landlord or
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residential units within the Project provide residential tenants with the option of leasing
parking space(s) separately from the residential unit. Any parking spaces not leased by
project residential tenants may be leased to any lessee on a month to month basis,
whether or not the lessee otherwise occupies or works at the project, provided project
residential tenants are given first priority to lease such spaces.
(G) Transportation Management Organization: Developer shall agree to
participate in a Transportation Management Organization serving its area and require
same of its tenants. If the City adopts a requirement that a Transportation Management
Organization be formed for the project's geographic area, property owner and tenants
shall participate in any specific strategies that may be implemented, including but not
limited to, support for transit use, shared parking, car sharing opportunity, and
pedestrian and bicycle improvements.
(b) Tier 2 and Tier 3 Development Projects. Notwithstanding the development
standards specified in the Zoning Ordinance, no development project which would
constitute a Tier 2 or Tier 3 project as established pursuant to LUCE Chapter 2.1 shall
be approved except City projects or projects developed pursuant to a development
agreement adopted pursuant to Santa Monica Municipal Code Chapter 9.48. City
projects are defined as City public works projects and City community facilities (e.g.
libraries, public parking structures, recycling centers, and community centers), not
including public /private partnerships, and City projects shall be deemed to meet the
community benefit requirements of Tier 2 and Tier 3 development projects.
(c) Downtown Core. Notwithstanding the development standards specified in
the Zoning Ordinance, no development project in the Downtown Core as delineated in
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the Land Use Designation Map approved by the City Council on July 6, 2010 shall
exceed 32 feet in height except City projects or projects developed pursuant to a
development agreement adopted pursuant to Santa Monica Municipal Code Chapter
9.48. However, development projects located entirely within the BSC1 Zoning District
shall not be subject to these interim standards provided that the development project is
less than the height and floor area of the existing building.
(d) 100% Affordable Housing Pro'ects. Notwithstanding subsection (b) and (c)
of this Section, affordable housing projects with 50 units or less
will continue to
be processed ministerialf if a minimum of twPntv_fi „® „nr
occuoancy b households with
�rc,eni nu io of Area Median Income or
less and the remainder
of the housing units are deed -
restricted or restricted by an agreement approved by the City for occupancy by
households with incomes of eighty percent (80 %) of median income or less `
�
Such affordable housing projects may also include non-
residential uses, as long as such uses do not exceed a maximum percentage of 33% of
the total floor area.
(e) Shared Parking The following administrative process is hereby established
authorizing property owners and tenants to request shared parking in the Downtown
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Core, except for projects that are processed through a development agreement. A
shared parking permit is intended to permit the owners of parking facilities to rent or
lease underutilized parking that is available in their facility to nearby residents, workers
or businesses while reserving sufficient parking supply needed for on -site uses.
(1) Permit Required.
A shared parking permit, approved by the Planning Director, or his /her designee,
shall be required and shall be issued prior to the commencement of a shared parking
use of any private parking facility that is otherwise limited to on -site users. The Planning
Director, or his /her designee, may establish additional conditions to further the intent of
this subsection (e) and ensure that parking spaces needed for the primary on -site uses
will be available during the hours needed for their use. A public hearing shall not be
required for issuance of a shared parking permit.
(2) Application.
Application for a shared parking permit shall be filed in a manner consistent with
the requirements contained in Municipal Code Part 9.04.20.20.
(3) Findings.
The Planning Director, or his /her designee, or Planning Commission on appeal,
may approve a shared parking permit application, in whole or in part, with or without
conditions, only when all of the following findings are made in an affirmative manner:
(i) The operation of the requested shared parking permit at the location
proposed and within the time period specified will not adversely impact the primary use
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of the parking facility for its intended on -site users, or otherwise endanger the public
health, safety, or general welfare.
(ii) The shared parking permit sets forth the maximum number of shared
parking spaces that are being approved for use by off -site users that will be available
during peak and off -peak parking demand periods so as to ensure that a sufficient
number of spaces will be provided to meet the greater parking demand of the
anticipated users.
(iii) Additional requirements, restrictions or agreements, as deemed necessary
by the Planning Director, or his /her designee, are included as a requirement(s) of the
shared parking permit to ensure that parking spaces needed for the primary on -site
uses will be available during the hours needed for their use.
The Planning Director, or his /her designee shall prepare a written decision
which shall contain the findings of fact upon which such decision is based and all
required conditions, if approved. The decision shall be mailed to the applicant and to
property owners and residents of parcels adjacent to the parcel for which the Shared
Parking Permit is requested. Copies of the decision shall also be provided to the
Planning Commission.
(4) Term of Permit.
A shared parking permit shall be valid for a one -year period from the date of
issuance unless a different period is set by the Planning Director, or his /her designee, or
the Planning Commission on appeal, as a condition of granting the shared parking
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permit. The permit shall renew automatically for additional one -year periods unless the
permit is modified or revoked in accordance with subsection (6) of this Section.
(5) Monitoring.
The permit holder shall grant City staff access to the parking facility for the
purpose of verifying parking availability prior to issuing the permit as well as to allow
random monitoring after the permit is issued.
(6) Modification or Revocation.
The City may modify or revoke an approved shared parking permit in accordance
with the following procedures:
(i) If the Planning Director designee receives evidence that the conditions of
the permit have not been met, or the permit granted is being or has recently been
exercised contrary to the terms of the approval or in violation of a specific statute,
ordinance, law, or regulation, the Planning Director designee shall serve notice of these
violations, either in person or by registered mail, on the owner of the property and on
the permit holder and shall provide the permit holder with a reasonable opportunity to
cure the violation(s).
(ii) If the permit holder or property owner has not responded to the notice
within 10 days or the Planning Director designee determines that the permit holder has
failed to cure the violation, the Planning Director designee may refer the matter to the
Zoning Administrator for a revocation hearing. Notice of hearing shall be published
once in a newspaper of general circulation within the City and shall be served either in
person or by registered mail on the owner of the property and on the permit holder at
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least ten days prior to such hearing. The notice of hearing shall contain a statement of
the specific reasons for revocation.
(iii) After the hearing, a shared parking permit may be revoked by the Zoning
Administrator or by the Planning Commission on appeal or review if any one of the
following findings is made:
fraud
(A) That the Shared Parking Permit was obtained by misrepresentation or
(B) That the conditions of the permit have not been met, or the permit granted
is being or has recently been exercised contrary to the terms of the approval or in
violation of a specific statute, ordinance, law, or regulation.
A written determination of modification or revocation of the shared parking permit shall
be mailed to the property owner and the permit holder within ten days of such
determination.
(7) Appeals.
Any person may appeal the approval, conditions of approval, denial, modification
or revocation of a shared parking permit to the Planning Commission if filed within
fourteen consecutive calendar days of the date the decision is made in the manner
provided in Municipal Code Part 9.04.20.24, Sections 9.04.20.24.020 through
9.04.20.24.040.
(f) Floor Area Calculations in the Downtown Core. In the Downtown Core,
below -grade floor area shall not be included when calculating a project's floor area ratio
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(FAR). However, such below -grade floor area shall be counted in establishing a
project's parking requirements.
(g) Non - conforming Uses in CM District. An existing use in the CM District shall
be considered no longer existing if that use is changed to another type of use or if for a
period of one year such use has not been in regular operation. Regular operation shall
be considered being open for business to the general public during such use's
customary business hours.
(h) Notwithstanding the provisions of Section 9.04.08.28.070 of the Zoning
Code, two restaurants per block shall be allowed on the east side of Main Street north
of Ocean Park Boulevard and south of Pico Boulevard.
(i) No removal, redevelopment or conversion of a parking structure in BSC -2 and
C3 -C zone districts, publically owned as of February 14, 2012, which results in the loss
of parking spaces above the ground floor shall be permitted unless the final permit to
commence construction for a project providing the one -to -one replacement of this
parking has been issued in the same zoning district and this replacement parking will be
offered to the public at rates comparable to the most recent rates offered to the public
for the removed parking spaces.
SECTION 4. Automobile Dealerships in Residential and "A" Off - Street
Parking Overlay Zones:
Lots designated ( "A ") Off - Street Parking Overlay District, Low Density Multiple -
Family Residential District (R2), or Medium Density Multiple Family Residential District
(R3) that are contiguous to and were used legally in conjunction with an automobile
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dealership in operation on August 14, 2012, which automobile dealership uses have not
subsequently been abandoned ( "Qualifying Lots "), may be developed as an automobile
storage structure or parking structure provided these uses are operated in conjunction
with an automobile dealership on the associated and adjacent commercial lot and the
development is undertaken pursuant to subsections (a) through (1) of this Section. The
expansion of automobile dealership support areas shall be authorized if undertaken
pursuant to subsection (m) of this Section:
(a) Maximum Parcel Coverage: 50% of residential parcel area.
(b) Maximum Building Height:
(1) R2 Zone: 23 feet, excluding four feet of the required parapet.
(2) R3 Zone: 28 feet, excluding four feet of the required parapet.
(c) Setbacks:
(1) A minimum 20 foot setback from the property line adjacent to a
public street.
(2) A minimum 15 foot setback shall be provided from the property line
opposite the street facing property line. Where an alley is present, this distance may be
measured from the alley centerline.
(3) Except when subsection (c)(2) of this Section applies, a minimum 8
foot setback shall be provided between any above grade structure and a property line
that is shared with an adjacent residential property that is not used as part of an
automobile dealership.
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(d) Inventory Storage on Surface Lots. A qualifying lot may be used for
surface inventory storage only if the following conditions are met:
(1) Any displaced required parking shall be relocated to another off-
street location that is:
(A) Located within 750 feet of the qualifying lot, or
(B) Located within 300 feet of a public transit line that connects
the off - street location with the dealership and the dealership provides free bus passes to
its employees, or
(C) Serviced by a dealership - provided shuttle between the off-
street location and the qualifying lot which has been approved by the City's Director of
Planning.
(2) The displaced parking shall be returned to the qualifying lot if the
criteria of subsection (d)(1) are no longer met.
(e) Prohibited Uses. No portion of a residentially zoned parcel may be used
for auto repair work, rental car use, automobile washing, outdoor display of vehicles,
commercial signage, storage tanks, inventory storage on surface lots (except as
provided in subsection (d) of this Section), or any other use not specifically identified in
this Section 4.
(f) Rooftop Parking: Rooftop parking is permitted subject to the special
standards set forth in Section 5.
(g) Exemption from additional multi - family development standards: Except as
set forth or modified herein, the property development standards of Santa Monica
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Municipal Code Section 9.04.08.06.060 and Santa Monica Municipal Code Section
9.04.08.06.070 shall not apply in order to accommodate the specific structural and
design requirements of parking and automobile storage structures.
(h) Approval Process: A Conditional Use Permit (CUP) and Development
Review (DR) Permit shall be required for the development of any parking structure or
automobile storage lot. The CUP shall be subject to the standards set forth in Section
6. The DR Permit shall be subject to Santa Monica Municipal Code Part 9.04.20.14.
(i) ARB Review: All new construction, new additions to existing buildings and
any other exterior improvements that require issuance of a building permit shall be
subject to architectural review pursuant to the provisions of Chapter 9.32 of this
Chapter.
Q) Design Standards. Parking structures constructed under these provisions
shall be subject to the design standards set forth in Section 5.
(k) Use to revert to residential: Structures constructed under these provisions
on residential parcels without an "A Off- street Parking Overlay designation shall be
permitted to remain only when operated in conjunction with an automobile dealership on
the adjacent commercial lot. If the automobile dealership use is abandoned, the parking
structure shall be removed or incorporated into a residential project on the residential
parcel(s) within 3 years.
(1) Housing Impact Fee: Parking structures and automobile storage lots
constructed on parcels designated as Low Density Multiple - Family Residential (R2) and
Medium Density Multiple Family Residential (R3), without an "A" Off - Street Parking
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Overlay designation, may be subject to an Affordable Housing Fee established by
resolution of the City Council to mitigate the impact of the loss of the potential
development of affordable housing on these sites.
(m) A floor area expansion of existing automobile dealerships in the
Residential and A Off - Street Parking Overlay Zones that is less than 750 square feet
shall be permitted by -right provided that:
1) The expanded floor area is utilized for an ancillary support function,
including, but not limited to, customer waiting area, offices, vehicle parts storage or
vehicle parts display;
2) The height of the expansion shall be no more than 1 story and shall
not exceed 23 feet;
3) None of the expanded area is utilized for auto repair activities,
including but not limited to service bays, body work, oil change and lubrication, or radio,
stereo, or phone installation;
4) The square footage expansion may maintain the existing building
lines adjacent to public rights of way, subject to Architectural Review Board approval.
SECTION 5. Special Standards for Parking Structures and Automobile Storage
Lots Associated with Automobile Dealerships.
Parking structures and automobile storage lots associated with an automobile
dealership shall comply with the following special project design standards:
(a) Design Standards:
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(1) Except for emergency -only pedestrian exists required by the Building
Officer, parking structure walls facing property lines that are adjacent to a residential
use shall be solid and decorative subject to the approval of the ARB. Openings may be
permitted adjacent to a public street or commercially zoned property.
(2) Non -skid or other similar surface treatment on both floors and ramps
of the parking structure shall be required to prevent tire squeals. This material shall be
subject to the review and approval of the Director of Planning and Community
Development.
(3) Light sources shall be designed to contain direct and diffuse lighting
and glare on the subject property.
(4) Rooftop parking on parcels that directly abut or are separated by an
alley from a residential district is only permitted if the parking structure provides a 6 foot
parapet on the side of the parking structure closest to the residential district. This
parapet shall be solid and have a surface density of 4 pounds per square foot.
(5) In order to minimize noise and air impacts, exhaust vents and other
mechanical equipment associated with a parking structure shall be located as far from
residential uses as feasible consistent with the Chapter 8 of the Santa Monica Municipal
Code.
(6) Floor area dedicated to employee and customer parking and vehicle
storage shall not apply to refuse and recycling requirements in Santa Monica Municipal
Code Section 9.04.10.02.150 and Section 9.04.10.02.151 unless otherwise required by
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the Director of Environmental and Public Works Management or his /her designee in
order to protect the public health, safety, and general welfare.
(7) Parking structures developed in lots designated Parking ( "A ") Overlay,
Low Density Multiple - Family Residential (R2), or Medium Density Multiple Family
Residential (R3) shall also comply with the following additional requirements:
(A) Ingress and egress shall be from the adjacent commercial lot. The Planning
Commission may approve an alternative access plan that minimizes impacts to adjacent
residential uses if it determines that access from the commercial lot is precluded by
existing commercial development.
(B) At least 10% of the parking spaces within a structure shall be maintained and
designated for employee parking only, unless the Planning Commission determines
based on an employee parking demand analysis that sufficient parking is otherwise
provided either on -site or at an acceptable off -site location.
(C) If the structure is developed in conjunction with development on adjacent
commercial lots, the project shall be designed so that building mass increases toward
the commercial street and architectural elements that are permitted to exceed height
limits are located away from adjacent residential uses to the greatest extent feasible.
(D) Notwithstanding Santa Monica Municipal Code Section 9.04.10.02.170, a
four foot unexcavated area shall be provided along the entire length of a property line
shared by an automobile dealership and an adjacent residentially zoned property. Fifty
percent of the required yard area adjacent to a public street shall remain unexcavated
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(E) Notwithstanding Santa Monica Municipal Code Section 9.04.10.02.170, a
landscaped buffer of minimum five -foot width shall be required along the property line
adjacent to a residential use. The buffer shall include a hedge to be maintained up to
12 feet in height where adjacent to a residential side yard and 42 inches in height where
adjacent to a residential front yard. The Planning Commission may reduce or waive any
part of this requirement if such reduction or waiver is consistent with the public health,
safety, and general welfare.
(F) At least fifty percent of the required yard area set forth in subsection (c)(1) of
Section 4 adjacent to a public street shall be landscaped pursuant to the provisions of
Santa Monica Municipal Code Part 9.04.10.04. Fifty percent of the unexcavated area
within this required yard shall be landscaped.
SECTION 6. Performance Standards Permit and Conditional Use Permit
Requirements: Automobile dealerships, automobile storage lots and parking structures
subject to a performance standards permit or a conditional use permit shall comply with
the following standards:
(a) Parking and Vehicle Storage. On -site employee and customer parking
shall be provided at no charge. Employee and inventory parking may be provided as
tandem and shall not be subject to Santa Monica Municipal Code Part 9.04.20.26.
Except as otherwise provided in this Section, parking shall comply with Santa Monica
Municipal Code Part 9.04.10.08.
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Areas designated for employee and customer parking shall not be used for
vehicle storage or display. Non -skid or other treatment shall be applied to the surface
of the parking structure utilized by vehicles to avoid tire squeals.
(b) Landscaping. Screening of outdoor display and non - display areas shall
comply with the provisions of Santa Monica Municipal Code Part 9.04.10.04. A
minimum two -foot landscape and decorative curb strip, where feasible, shall be
provided along the street frontage perimeter of all outdoor vehicle display areas.
Landscape materials shall be designed to provide an opaque visual buffer at least
twelve inches in height. Applicable setback requirements shall be expanded as
necessary to require a minimum five -foot landscaped area adjacent to any abutting
residential property not used as part of the dealership operation.
Final design treatment shall be subject to review and approval by the
Architectural Review Board. All surface parking areas not used for vehicle display shall
be subject to the parking lot screening requirements of Santa Monica Municipal Code
Part 9.04.10.04.
(c) Lighting. All lighting shall comply with Santa Monica Municipal Code
Sections 9.04.10.02.270 and 9.04.10.02.280.
(d) Loading and Unloading of Vehicles. Loading and unloading of vehicles is
permitted only in accordance with this subsection. The dealership operator shall be
responsible and liable for any activities of a common carrier, operator, or other person
controlling such loading or unloading activities to the extent any such activities violate
the provisions of this subsection (d).
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(1) Loading and unloading of vehicles is limited to the hours of eight
a.m. to five p.m. Monday through Saturday. Loading and unloading of vehicles is
prohibited on Sunday and legal holidays.
(2) Vehicle off - loading shall not be permitted in the public right of way
or residential area and shall occur on site or off -site. The applicant shall prepare and
submit to the Transportation Management Division for approval a plan that complies
with all requirements of this subsection (d) to be included in a form prepared by
Transportation Management Division.
(e) Storage of Vehicles. No automobile dealership owner, operator, or
employee, for any period of time on any public street or alley, shall park or store
vehicles for sale, to be repaired, that have been repaired, or that are part of an
automobile rental operation associated with the dealership.
(f) Repair of Vehicles. The repair and service facility portion of an automobile
dealership shall comply with the provisions of Santa Monica Municipal Code Section
9.04.14.050.
(g) Queuing of Vehicles. An adequate on -site queuing area for service
customers shall be provided. On -site driveways may be used for queuing but may not
interfere with access to required parking spaces. Required parking spaces may not
double as queuing spaces.
(h) Test Driving. Test driving shall not be done on residential streets or alleys.
For the purposes of this subsection, streets which are designated by the City as major
collector streets shall be permissible areas for test driving. Each dealership operator
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shall have an affirmative obligation to inform all its personnel of this requirement and to
ensure compliance with it. The applicant shall prepare and submit to the Transportation
Management Division for approval a plan that complies with all requirements of this
subsection (h) to be included in a form prepared by Transportation Management
Division.
Existing dealerships shall submit plans to the Transportation Management
Division for approval that satisfy the requirements of this subsection if such plans are
not already on file.
(i) Control of Alley Traffic. Notwithstanding the prohibition of alley use for test
driving, each dealership operator shall present to the Transportation Management
Division, at the same time of the filing of an application for a permit for a new dealership
or substantial remodeling, plans for slowing traffic flow in alleys adjacent to their uses,
with the objective of minimizing dangers to pedestrians and neighboring vehicle
operations, and of minimizing noise and other environmental incursions into the
neighborhood. Such plans shall be designed to limit the maximum speed to fifteen miles
per hour and may include measures such as speed bumps or dips, one -way traffic
patterns, increased signage, parking and loading prohibitions and similar measures.
(j) Circulation. The location of entries and exits from automobile dealerships,
automobile centers, and automobile storage lots shall be located as far away from
adjacent residential properties as is reasonably feasible and shall be directed to
commercial streets and away from residential areas by means of signage and design.
The interior circulation system between levels shall be internal to the building and shall
not require use of public ways or of externally visible or uncovered ramps, driveways or
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parking areas. No arrangement shall be permitted which requires vehicles to back into
an alley or other public way. Compliance with this subsection Q) shall be subject to
review by the Transportation Management Division.
(k) Noise Control.
(1) There shall be no outdoor loudspeakers. Interior loudspeakers shall
produce no more than forty -five dba at a boundary abutting or adjacent to a residential
parcel, under normal operating conditions (e.g., with windows open if they are likely to
be opened).
(2) All noise generating equipment exposed to the exterior shall be
muffled with sound absorbing materials to minimize noise impacts on adjacent
properties and shall not be operated before eight a.m. or after six p.m. if reasonably
likely to cause annoyance to abutting or adjacent residences and shall at all times be in
compliance with the City's Noise Ordinance.
(3) Rooftop storage areas shall be screened with landscaping and /or
noise absorbing materials to minimize noise impacts on adjacent properties.
(1) Toxic Storage and Disposal.
(1) Gasoline storage tanks shall be constructed and maintained under
the same conditions and standards that apply for service stations.
(2) There shall be full compliance with the terms and conditions of all
applicable federal, state, and local laws relating to the storage and disposal of toxic
chemicals and hazardous wastes.
(m) Air Quality.
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(1) Use of brake washers shall be required in service stalls or areas
which perform service on brakes employing asbestos or other materials known to be
harmful when dispersed in the air.
(2) All mechanical ventilating equipment shall be directed to top story
exhaust vents which face away from abutting or adjacent residential properties.
(3) Exhaust systems shall be equipped with appropriate and
reasonably available control technology to minimize or eliminate noxious pollutants
which would otherwise be emitted.
(n) Hours of Operation. Unless otherwise approved by the Planning
Commission, if the dealership is within one hundred feet of a residential district,
operation of the dealership shall be prohibited between the hours of ten p.m. and seven
a.m.
(o) Vehicle Stacking Equipment: Vehicle- stacking equipment shall be
permitted within parking structures and on surface lots for employee parking and vehicle
storage when screened with an eight -foot high solid masonry wall. The wall shall be set
back from the property line at least two feet so that a landscaped buffer of up to two feet
in width can be provided. Parking spaces in lifts shall not be applicable in calculating a
dealership's parking requirement. If the structure is located in an R2, R3 or A lot, the
spaces provided on lifts shall not be included in the base used for calculating the
required 10% provision of employee parking spaces. In addition, these spaces shall
not count toward fulfilling the 10% employee parking requirement. Vertical spaces
above employee parking shall be used for employee parking; spaces above inventory
shall be used for inventory. The Planning Commission may reduce the wall height
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requirement to a minimum of six feet and may reduce or waive the landscaped setback
area if such reduction or waiver is consistent with the public health, safety, and general
welfare. All facilities shall comply with the City's Noise Ordinance.
(p) Accessory Automobile Rental Agency Requirements. The following
special standards shall apply to accessory automobile rental agencies located within
automobile dealerships:
(1) No more than ten percent of the total interior floor area of the
automobile repair or automobile painting facility or a maximum of seven hundred fifty
square feet, whichever is less, shall be devoted to the accessory automobile rental
agency operation;
(2) The accessory automobile rental agency shall only operate during
the hours of operation of the automobile repair or automobile painting facility;
(3) Vehicles may only be rented to customers of the automobile repair
or automobile painting facility;
(4) No exterior signage shall be permitted for the accessory automobile
rental agency; and
(5) The accessory automobile rental agency shall not be advertised or
marketed as an independent automobile rental agency.
(q) Plan Verification. All dealerships shall submit a letter annually in June
affirming their continued use of their test - driving, vehicle off - loading, and alley traffic
control plans. Any changes to approved plans shall require approval of the
Transportation Management Division.
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SECTION 7. Applicability.
Except for subsections (e) through (g) of Section 3 which shall be
applicable to existing and future development, this Ordinance shall apply to any
development project which has not received its discretionary planning entitlements (e.g.,
development review permit, variance, architectural review permit, conditional use
permit) or has not filed any requested extension to these planning entitlements as of
March 11, 2011 unless the development project has otherwise obtained a vested right
to proceed. Discretionary project applications that were filed prior to the effective date
of Ordinance Number 2345 (CCS) and which are subject to its provisions and any
extension thereto shall automatically be converted to a development agreement with
fees already paid to be applied towards the development agreement deposit.
SECTION 8. 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 effect the provisions of this Ordinance.
SECTION 9. 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.
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SECTION 10. This Ordinance shall be of no further force or effect after
August 14, 2013, 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 11. 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 30 days after its adoption.
APPROVED AS TO FORM:
AMA SHA J NE o OUTRIE
City Attorney
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