SR-06-23-2015-7A - 400-001-10/404-04City Council Meeting: June 23, 2015
Agenda Item: 7A
To: Mayor and City Council
From: Marsha Jones Moutrie, City Attorney
Subject: Ordinance Repealing the Existing Zoning Ordinance, Chapter 9.04 of
Article 9 of the Santa Monica Municipal Code, and Adding a New Zoning
Ordinance, Chapter 9.01 Through Chapter 9.52, to Article 9 of the Santa
Monica Municipal Code to Adopt a Comprehensive Zoning Ordinance;
Repealing Chapters 9.08 Through 9.72 of Article 9 of the Santa Monica
Municipal Code and Adding New Chapters 9.53 Through 9.68 to Article 9
of the Santa Monica Municipal Code to Establish Land Use and Zoning
Related Provisions; and Implementing the New Zoning Ordinance By
Repealing the Existing Official Districting Map and Adopting a New Final
Official Districting Map
Recommended Action
Staff recommends that the City Council adopt the attached ordinance.
Executive Summary
At its meeting on May 12 2015, the City Council introduced for first reading an
ordinance repealing the existing Zoning Ordinance, Chapter 9.04 of Article 9 of the
Santa Monica Municipal Code, and adding a new Zoning Ordinance, Chapter 9.01
through Chapter 9.52, to Article 9 of the Santa Monica Municipal Code to adopt a
comprehensive Zoning Ordinance; repealing Chapters 9.08 through 9.72 of Article 9 of
the Santa Monica Municipal Code and adding new Chapters 9.53 through 9.68 to Article
9 of the Santa Monica Municipal Code to establish land use and zoning related
provisions; and implementing the new Zoning Ordinance by repealing the existing
Official Districting Map and adopting a new final Official Districting Map. The ordinance
is now presented to the City Council for adoption.
Prepared by: Marsha Jones Moutrie, City Attorney
roved: Forwarded to Council:
arsha Jo,4 Moutrie
City Attor ey
Attachments:
L�rl-
Elaine Polachek
Interim City Manager
A. Zoning Ordinance and Land Use and Zoning Related Provisions
B. Official Districting Map
C. Ordinance to Repeal the Existing Zoning Ordinance and Add a New Zoning
Ordinance, to Repeal Land Use and Zoning Related Provisions of the Santa
Monica Municipal Code and Add New Land Use and Zoning Related Provisions,
and to implement the New Zoning Ordinance by Repealing the Existing Official
Districting Map and Adopting the Final Official Districting Map — with the following
Exhibits:
1. Zoning Ordinance and Land Use and Zoning Related Provisions (see
Attachment A)
2. Official Districting Map (see Attachment B)
2
Reference:
Attachment A is available at
the City Clerk's Office
Filed with Staff Report,
06/23/2015, 7A
Within legislative
400 - 001 -10
Ordinance Repealing the Existing Zoning Ordinance - City of Santa Monica Page 1 of 7
ATTACHMENT C
ORDINANCE NUMBER _ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA REPEALING THE EXISTING ZONING ORDINANCE, CHAPTER 9.04 OF
ARTICLE 9 OF THE SANTA MONICA MUNICIPAL CODE, AND ADDING A NEW ZONING
ORDINANCE, CHAPTER 9.01 THROUGH CHAPTER 9.52, TO ARTICLE 9 OF THE SANTA
MONICA MUNICIPAL CODE TO ADOPT A COMPREHENSIVE ZONING ORDINANCE;
REPEALING CHAPTERS 9.08 THROUGH 9.72 OF ARTICLE 9 OF THE SANTA MONICA
MUNICIPAL CODE AND ADDING NEW CHAPTERS 9.53 THROUGH 9.68 TO ARTICLE 9 OF
THE SANTA MONICA MUNICIPAL CODE TO ESTABLISH LAND USE AND ZONING
RELATED PROVISIONS; AND IMPLEMENTING THE NEW ZONING ORDINANCE BY
REPEALING THE EXISTING OFFICIAL DISTRICTING MAP AND ADOPTING A NEW FINAL
OFFICIAL DISTRICTING MAP
WHEREAS, on July 6, 2010, the City adopted a new Land Use and Circulation Element
of the General Plan ( "LUCE "); and
WHEREAS, after the adoption of the LUCE, the City commenced a comprehensive
update of the City's Zoning Ordinance ( "Zoning Ordinance Update "); and
WHEREAS, this is the first comprehensive update of the City's Zoning Ordinance since
WHEREAS, the overarching objectives of the Zoning Ordinance Update are to ensure
that the update is consistent with and implements the policies and objectives of the LUCE,
addresses administrative and interpretation issues that arose with the current Zoning
Ordinance, is easier to use, and clearly sets forth the City's zoning requirements; and
WHEREAS, the initial public review draft of the Zoning Ordinance Update was released
for public review on November 12, 2013; and
WHEREAS, commencing in December 2013 and continuing through March 2015, there
http : / /www.smgov.netldepartments /council/ agendas/ 2015 l2Ol5O623ls2Ol5O62307- A -3.htm 08/03/2015
Ordinance Repealing the Existing Zoning Ordinance - City of Santa Monica Page 2 of 7
were thirty -three (33) Planning Commission hearings overall on the draft Zoning
Ordinance Update, and related documents, with twelve (12) of these hearings on the Redline
Public Review Draft Zoning Ordinance Update, released on October 22, 2014, during which
time the Planning Commission received extensive public testimony and written submittals and
engaged in a lengthy deliberative process, with all provisions of this update having been
reviewed as well as multiple potential amendments to the LUCE; and
WHEREAS, on November 5, 2014, the Planning Commission adopted Resolution No.
14 -003 (PCS) announcing its intention to consider recommending to the City Council that the
City Council repeal the City's existing Zoning Ordinance, Chapter 9.04 of Article 9 of the Santa
Monica Municipal Code, and add a new Zoning Ordinance, Chapter 9.01 through 9.52, to
Article 9 of the Santa Monica Municipal Code; and
WHEREAS, on March 4, 2015, the Planning Commission adopted Resolution No. 15-
003 (PCS) recommending to the City Council that the City Council repeal the City's existing
Zoning Ordinance, Chapter 9.04 of Article 9 of the Santa Monica Municipal Code, and add a
new Zoning Ordinance, Chapter 9.01 through 9.52, to Article 9 of the Santa Monica Municipal
Code; and
WHEREAS, as detailed in Resolution No. 15 -003 (PCS) and in the recitals above,
adoption of the Zoning Ordinance Update and new Official Districting Map is necessary for
consistency in principle with the goals, objectives, policies, land uses and programs specified
in the LUCE and for the public health, safety, and general welfare; and
WHEREAS, the Zoning Ordinance Update would add the following new district
classifications that are not contained in the current Official Districting Map of the City: DSP
Downtown Specific Plan, MUBL (Mixed -Use Boulevard Low), MUB (Mixed -Use Boulevard),
GC (General Commercial), NC (Neighborhood Commercial), BTV (Bergamot Transit Village),
MUC (Mixed Use Creative), CCS (Conservation: Creative Sector), CAC (Conservation: Art
Center), PPC (Pedestrian- Priority Corridor Overlay), RP (Ground Floor Retail Priority Overlay),
http: / /www.smgov. net /departments /council /agendas/ 2015 /20l50623/s2015062307- A -3.htm 08/03/2015
Ordinance Repealing the Existing Zoning Ordinance - City of Santa Monica Page 3 of 7
IC (Industrial Conservation), OC (Office Campus), HMU (Healthcare Mixed -Use), OF
(Oceanfront), PL (Institutional /Public Lands), and OS (Parks and Open Space); and
WHEREAS, the Zoning Ordinance Update would delete the following district
classifications that are currently designated in the Official Districting Map of the City: R2R Low
Density Duplex District, RVC Residential- Visitor Commercial District, BCD Broadway
Commercial District, BSCD Bayside Commercial District; C2 Neighborhood Commercial
District, C3 Downtown Commercial District, C3 -C Downtown Overlay District; C4 Highway
Commercial District, C5 Special Office Commercial District, C6 Boulevard Commercial District,
CM Main Street Special Commercial District, CP Commercial Professional District, M1
Industrial Conservation District, LMSD Light Manufacturing and Studio District; PL Public
Lands District, TR Transportation Preservation District, N Neighborhood Commercial Overlay
District, DP Designated Parks District, BP Beach Parking District, R26 Low Density Multiple
Residential Beach District, R3R Medium Density Multiple Family Coastal Residential District,
and BR Boulevard Residential R -3 Overlay District; and
WHEREAS, in order to implement the proposed Zoning Ordinance Update it is
necessary to designate the properties in the City subject to the new district classifications; and
WHEREAS, on March 4, 2015, the Planning Commission adopted Resolution No. 15-
005 (PCS), announcing its intention to consider recommending to the City Council that the City
Council adopt a new Official Districting Map of the City; and
WHEREAS, on March 18, 2015, the Planning Commission adopted Resolution No. 15-
008 (PCS), recommending to the City Council that the City Council adopt a new Official
Districting Map of the City; and
WHEREAS, proposed Chapters 9.53 through 9.68 of Article 9 of the Santa Monica
Municipal Code are land use and zoning - related and include, but are not limited to, the
Transportation Demand Management ( "TDM ") Program, Land Divisions, Architectural Review,
Landmarks and Historic Districts, Signs, the Affordable Housing Production Program, and
http: / /www.smgov.netldepartments /council/ agendas/ 2015 l20l50623ls20l5062307- A -3.htm 08/03/2015
Ordinance Repealing the Existing Zoning Ordinance - City of Santa Monica Page 4 of 7
linkage fee programs; and
WHEREAS, consistent with current law, these chapters would continue to be included in
Article 9 of the Santa Monica Municipal Code but would not technically be part of the Zoning
Ordinance itself; and
WHEREAS, in general, these chapters have been altered from current law simply to
reflect the new numbering system being utilized for the Zoning Ordinance except for those
additional changes that have been made to comport with State law, to be consistent with new
provisions in the Zoning Ordinance, to implement the LUCE, to correct clerical errors, or to
clarify ambiguity; and
WHEREAS, of all of these chapters, only the TDM Program has been significantly
revised because of its intricate relationship to the parking section of the Zoning Ordinance
Update; and
WHEREAS, since these chapters are not part of the current Zoning Ordinance, none of
these provisions were included as part of the Commission's formal recommendation set forth
in Resolution No. 15 -003 (PCS); and
WHEREAS, an Initial Study /Negative Declaration (State Clearinghouse #2013121053)
has been prepared for this project in accordance with the California Environmental Quality Act;
and
WHEREAS, the Initial Study /Negative Declaration concluded that adoption of the
proposed Zoning Ordinance Update, LUCE amendments, LUCE map amendments, and land
use and zoning related chapters would not result in new significant impacts on the environment
that have not been previously examined or adequately addressed in the Land Use and
Circulation Element Program Environmental Impact Report (State Clearinghouse
#2009041117); and
WHEREAS, on May 5, 2015, the City Council adopted the Initial Study /Negative
http: / /www.smgov. net /departmentsleouncillagendasl 2015 l20l50623ls20l5062307- A -3.htm 08/03/2015
Ordinance Repealing the Existing Zoning Ordinance - City of Santa Monica Page 5 of 7
Declaration; and
WHEREAS, on May 12, 2015, the City Council introduced this ordinance for first
reading,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
ORDAIN AS FOLLOWS:
SECTION 1. Pursuant to Santa Monica Municipal Code Section 9.04.20.16.040, the
City Council does hereby repeal the City's existing Zoning Ordinance, Chapter 9.04 of Article 9
of the Santa Monica Municipal Code, inclusive, and adopts a new Zoning Ordinance, Chapter
9.01 through 9.52, inclusive, to Article 9 of the Santa Monica Municipal Code and pursuant to
Santa Monica City Charter Section 615, the City Council does hereby repeal Chapter 9.08
through Chapter 9.72 of Article 9 of the Santa Monica Municipal Code, inclusive, and adds
Chapter 9.53 through Chapter 9.68, inclusive, to Article 9 of the Santa Monica Municipal Code
to establish land use and zoning related provisions. Chapters 9.01 through 9.68 are set forth in
Exhibit 1, attached to this Ordinance and incorporated herein by reference in their entirety.
SECTION 2. Pursuant to Santa Monica Municipal Code Section 9.04.20.16.040, the
City Council does hereby repeal the City's existing Official Districting Map, adopted by
Ordinance Number 1622 (CCS) and periodically revised thereafter, and adopts a new Official
Districting Map of the City as set forth in Exhibit 2, attached to this Ordinance and incorporated
herein by reference in its entirety.
SECTION 3. The repeal of existing Chapter 9.04 through Chapter 9.72, inclusive, of
Article 9 of the Santa Monica Municipal Code shall not in any manner affect the prosecution for
violations thereof, which violations were committed prior to the effective date hereof, nor shall
the repeal of said Chapter affect any prosecution or action which may be pending or may
hereinafter be filed in any court for the violation of any of the provisions of said Section. As to
any such violations of said Chapter and as to any such prosecution or pending prosecution or
action, said Chapter shall be deemed to continue and be in full force and effect.
http: / /www.smgov. net /departments /council /agendas/ 2015 /2Ol5O623/s2Ol5O62307- A -3.htm 08/03/2015
Ordinance Repealing the Existing Zoning Ordinance - City of Santa Monica Page 6 of 7
SECTION 4. Existing Chapter 9.04 through Chapter 9.72, inclusive, of Article 9 of the
Santa Monica Municipal Code shall be deemed and be in full force and effect to the extent
provided in Section 9.01.040D of the new Zoning Ordinance.
SECTION 5. In light of the changes in the City's physical environment that have
occurred since the instigation of the Land Use and Circulation Element adoption process, over
a decade ago, and recognizing that priorities and policies have evolved during this time frame,
the City Council hereby directs staff to commence the following work effort and to report to the
City Council every six months on its progress:
a. Review and establish within eighteen (18) months zoning standards
for Pico Boulevard along with the development of zoning standards for the
Pico Neighborhood.
b. Reevaluate the feasibility analysis for project prototypes to
determine whether the Transportation Impact Fee, Parks and Recreation
Development Impact Fee, and the Affordable Housing Commercial
Linkage Fee can be increased greater than a factor of 14% for Tier 2
projects.
C. Consider the appropriate planning processes to establish zoning
standards in a neighborhood -by- neighborhood manner to address the
uniqueness of each area.
d. Analyze whether tenants in common could have the right to convert
their residential building into a condominium.
e. Analyze the appropriateness of the housing /office ratio of the
approved Bergamot Area Plan.
f. Review whether 2nd floor balconies should qualify as parcel
coverage when the R1 District zoning standards are re- evaluated.
g. Assess whether there are mechanisms to ensure that LiveNVork
units can be more affordable to artists.
SECTION 6. Any provision of the Santa Monica Municipal Code or appendices thereto,
http: / /www.smgov.netldepaltments /council/ agendas/ 2015 l20l50623ls2015062307- A -3.htm 08/03/2015
Ordinance Repealing the Existing Zoning Ordinance - City of Santa Monica Page 7 of 7
except Chapter 6.20, 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 7. 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.
SECTION 8. Any typographical or clerical errors in this Ordinance may be remedied by
the City Attorney with the assistance of the City Clerk and shall not constitute an alteration
within the meaning of City Charter Section 615.
SECTION 9. 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.
APPROVED AS TO FORM:
MARSHA JONES MOUTRIE
City Attorney
http:// www. smgov. netldepartmentsleouncillagendasl 2015 l20l50623ls20l5062307- A -3.htm 08/03/2015