O2040
f:\atty\muni\laws\barry\monintordextend2d-1 . wpd
City Council Meeting 3-5-02
Santa Monica, California
ORDINANCE NUMBER 2040
(CCS)
(City Council Series)
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA EXTENDING THE MODIFICATIONS TO DEVELOPMENT STANDARDS,
USES SUBJECT TO A PERFORMANCE STANDARDS PERMIT, USES SUBJECT TO
A USE PERMIT, PROHIBITED USES AND THE DEVELOPMENT REVIEW
THRESHOLD WITHIN THE C2 NEIGHBORHOOD COMMERCIAL DISTRICT ALONG
MONTANA AVENUE AND MODIFYING THE PERMITTED USES ON MONTANA
AVENUE TO INCLUDE EXISTING CINEMAS AND THE MAXIMUM FLOOR AREA
RATIO FOR EXISTING CINEMAS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
Section . Findings and Purpose. The City Council finds and declares
(a) The Land Use Element of the General Plan identifies the commercial area
along Montana Avenue as a neighborhood commercial district. Objective #1.7 requires
that neighborhood commercial districts: "Protect and expand uses that provide forthe day-
to-day shopping and service needs of nearby residents".
(b) Objective #1.2 of the Land Use and Circulation Element requires that the
City's policies: "Ensure compatibility of adjacent land uses with particular concern for
protecting residential neighborhoods".
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(c) Montana Avenue is zoned C2 Neighborhood Commercial District. Consistent
with the General Plan, this district is intended to promote businesses providing
convenience goods and services used frequently by local residents while providing for a
scale and character of development that is consistent with pedestrian-orientation and
walk-in clientele. The Montana Avenue commercial district is surrounded by residential
districts.
(d) The commercial area along Montana Avenue is dominated by single story
buildings, scaled to the pedestrian. This street has historically provided a mix of
commercial uses, including retail and service businesses, which serve the adjacent
residential neighborhoods to the north and south.
(e) The existing cinema on Montana Avenue is a long-established and well-
known visual feature in the area and is consistent with the existing scale and character of
the district and the adjacent residential neighborhood.
(f) Recent trends have transformed the mix of businesses on Montana Avenue
from those that serve the local community to those that attract patrons from the larger
regional area. As a result, greater numbers of visitors are patronizing the area. This growth
and change has significantly increased the pedestrian and vehicular traffic in this area and
heightened the noise and congestion associated with these activities,
(g) The City Council has received extensive written communication and testimony
from the community regarding the impacts on area residents that have resulted from
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increased building size, increased development and business activity, and subsequent
increases in vehicular and pedestrian traffic within the area,
(h) There has been a proliferation of business establishments along Montana
Avenue that include incidental food service as part of their operation, The majority of these
establishments are located within a five block area between 7th Street and 12th Street and
in the two blocks between Euclid Street and 15th Street. This growth in incidental food
establishments led to a concurrent growth in sidewalk dining areas and related amenities.
This reduced the area available for pedestrian access even though there is an ever
increasing number of pedestrians, creates potential safety hazards, and negatively impacts
business establishments and patrons.
(i) More than fifty percent of existing properties in the commercial district along
Montana Avenue consist of parcels with 7,500 square feet or less which under the existing
Zoning Ordinance have the potential to be combined to accommodate larger scale
developments such as two recently approved 2-story projects of just under 11,000 square
feet on 15,000 square foot parcels.
U) Larger scale developments have the potential for adverse noise, traffic,
parking, aesthetic, privacy, light and air, and shade and shadow impacts on the single
family residential area to the north of Montana Avenue and on the low density multi-family
area to the south.
(k) New, larger developments in the commercial district along Montana Avenue
have the potential for incompatibility with the existing scale and character of the area and
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would not provide an appropriate transition between the commercial district and the
neighboring residential areas,
The potential for development and the allowable land uses under the current
standards contained in the Zoning Ordinance, including dining areas and outdoor
newsstands on the public sidewalk, pose a current and immediate threat to the public
health, safety and welfare of the nearby residents and the approval of permits for such
development would result in a threat to the public health, safety and welfare.
For the reasons stated above, the Zoning Ordinance requires review and
revision as it pertains to the appropriate development standards and uses in the C2 District
along Montana Avenue.
(n) Pending completion of this review and revision, in order to protect the public
health, safety and welfare, it is necessary on an interim basis to change the current
development standards and land uses which can occur within the C2 District on Montana
Avenue in a number of ways, including the following: reduce allowable floor area ratios;
reduce the development review thresholds to allow for environmental review and more
public review and comment on larger developments; and prohibit sidewalk cafes and other
uses of the public sidewalk. The interim development and land use standards are
necessary to ensure that the character of the commercial district along Montana Avenue
is not irreversibly changed to the detriment of the nearby residential areas.
(0) In light of the above-mentioned concerns, the City Council adopted Ordinance
Number 1975 (CCS) on May 23,2000 modifying the development standards in the Zoning
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Ordinance and adopted Ordinance Number 1978 (CCS) on June 27,2000. However, that
ordinance will expire on June 27, 2002.
(p) As described above, the City Council finds that another interim ordinance
extending Ordinance Number 1975 (CCS) and Ordinance Number 1978 (CCS) is
necessary because there exists a current and immediate threat to the public safety, health
and welfare should development and land uses inconsistent with the contemplated
revisions to the development standards and land uses in the C2 District on Montana
Avenue be allowed to occur. Approval of additional development or land uses inconsistent
with the proposed interim standards would result in a threat to the public health, safety or
welfare. Consequently, this ordinance extends the provisions of Ordinance Number 1975
(CCS) and Ordinance Number 1978 (CCS) up to and including February 27, 2004,
establishing on an interim basis the following standards for the C2 District on Montana
Avenue.
SECTION 2. Interim Zoning.
City staff is directed to disapprove all applications for an administrative approval,
conditional use permit, performance standards permit, use permit, development review
permit, and zoning conformance filed after May 23, 2000 for any development or business
within the C2 District on Montana Avenue between Sixth Court and Seventeenth Street
unless the project or business complies with the following standards:
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1. Permitted Uses. The following convenience goods and service type uses
shall be permitted, if conducted within an enclosed building, except where
otherwise permitted:
Appliance stores.
Appliance repair shops.
Art galleries,
Artist studios above the first floor.
Branch offices of banks or savings and loan institutions.
(f) Barber or beauty shops.
Child day care centers.
Cinemas in existence prior to the effective date of Ordinance Number
1975 (CCS).
(i) Cleaners.
U) Congregate housing.
Domestic violence shelters.
(I) General offices above the first floor; and on the ground floor for
parcels located at least one hundred fifty feet from Montana Avenue,
Ocean Park Boulevard, or Pica Boulevard.
General retail and specialized retail uses.
Homeless shelters with less than fifty-five beds.
Laundromats.
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(p) Libraries.
(q) Multifamily dwelling units.
(r) Offices and meeting rooms for charitable, youth, and welfare
organizations,
Photocopy shops.
(t) Places of worship,
Plant nurseries (provided all supplies, except planted stock, are kept
entirely within an enclosed building).
Restaurants of fifty seats or less and at which no alcohol is served or
consumed.
(w) Schools.
(x) Senior group housing.
(y) Senior housing.
(z) Shoe repair stores,
Single-family dwelling units,
Single-room occupancy housing,
Specialty offices.
(dd) Tailors,
Theaters with fewer than seventy-five seats.
Transitional housing.
...,
Accessory uses which are determined by the Zoning Administrator to
be necessary and customarily associated with, and appropriate,
incidental, and subordinate to, the principal permitted uses and which
are consistent with and no more disturbing or disruptive than
permitted uses.
Other uses determined by the Zoning Administrator to be similar to
those listed above which are consistent with and no more disturbing
or disruptive than permitted uses,
2. Uses subject to performance standards permit.
Large family day care homes.
3. Uses subject to use permit.
Outdoor newsstand, except those on a public sidewalk or right-of-way.
4, Conditionally permitted uses. All uses permitted in Section 9.04.08.16.040
of the Santa Monica Municipal Code.
5. Prohibited uses.
(a) Cinemas, unless in existence prior to the effective date of Ordinance
Number 1975 (CCS).
(b) Drive-in and drive-through restaurants.
(c) Firearms dealerships.
(d) Incidental food service.
(e) Outdoor newsstands on public sidewalk or right-of-way
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(f) Parking structures located below the ground in conjunction with
commercial development, except for parking below grade exclusively
for residential uses.
(g) Rooftop parking,
(h) Sidewalk cafes.
(i) Any use not specifically authorized.
6. Property development standards. All property shall be developed in
accordance with the following standards:
Front Yard Setback. Landscaping as required pursuant to Santa
Monica Municipal Code Part 9.04.10.04. The building must comply
with build-to-line requirements pursuant to the provisions contained
in Santa Monica Municipal Code Section 9.04.10.02.050
Maximum Building Height. Two stories, not to exceed thirty feet.
Maximum Floor Area Ratio. The maximum floor area ratio shall be
determined as follows:
Parcel Square Footage
FAR
FAR if at Least Thirty
Percent of Project is
Residential
0-7,500
7,501 - 15,000
15,001 - 22,500
22,501 and up
0.60
0.40
0.35
0.25
0.75
0.75
0.65
0.55
Cinemas in existence prior to the effective date of Ordinance Number 1975 (CCS) may be
permitted a maximum FAR of 1.11.
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(d) Minimum Lot Size. Seven thousand five hundred square feet. Each
parcel shall have minimum dimensions of fifty feet by one hundred
fifty feet, except that parcels existing on the effective date of this
Chapter shall not be subject to this requirement.
(e) Rear Yard Setback. None, except:
(1) Where rear parcel line abuts a residential district, a rear yard equal
to:
5' + (stories x lot width)
50'
The required rear yard may be used for parking or loading to within
five feet of the rear parcel line provided the parking or loading does
not extend above the first floor level and provided that a wall not less
than five feet or more than six feet in height is erected and maintained
along the rear commercial parcel line.
Access driveways shall be permitted to cross perpendicularly the
required rear yard provided the driveway does not exceed the
minimum width permitted for the parking area. A required rear yard
shall not be used for commercial purposes.
(2) That needed to accommodate landscaping and screening for a
rear yard buffer required pursuantto the provisions of Part 9.04.1 0.04,
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(f) Side Yard Setback. None, except:
(1) Where the interior side parcel line abuts a residential district, an
interior side yard equal to:
5' + (stories x lot width)
50'
The interior side yard may be used for parking or loading to within five
feet to the interior side property line provided the parking or loading
does not extend above the first floor level and provided a wall not less
than five feet or more than six feet in height is erected and maintained
along the side commercial parcel line. A required interior side yard
shall not be used for access or for commercial purposes.
(2) That needed to accommodate landscaping required for a street
side yard, landscape buffer and screening pursuant to the provisions
of Part 9.04.10.04.
(3) A ten-foot setback from an interior property line shall be required
for portions of buildings that contain windows, doors, or other
openings into the interior of the building. An interior side yard less
than ten feet shall be permitted if provisions of the Uniform Building
Code related to fire-rated openings in side yards are satisfied
(g) Development Review. A Development Review Permit is
required for any development of more than five thousand
square feet of floor area. Square footage devoted to residential
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use shall be reduced by fifty percent when calculating whether
a development review permit is required
7, Deed restrictions. All projects and uses requiring deed restrictions pursuant
to Santa Monica Municipal Code Section 9.04.08.16.065,
8. Special project design and development standards. All projects shall
comply with the provisions of Santa Monica Municipal Code Section
9.04.08.16.070.
9. Architectural review. All projects shall comply with the provisions of Santa
Monica Municipal Code Section 9.04.08.16.080.
SECTION 3. Ordinance Number 2035 (CCS) is hereby repealed.
SECTION 4. This ordinance shall be of no further force or effect after February 27,
2004, unless prior to that date, after a public hearing, noticed pursuant to Santa Monica
Municipal Code Section 9.04.20.22.050, the City Council, by majority vote, extends this
interim ordinance.
SECTION 5. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary to
affect the provisions of this Ordinance.
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SECTION 6. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed this
Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 7. The Mayor shall sign and the City Clerk shall attest to the passage of
this Ordinance. The City Clerk shall cause the Sc;lme to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall become effective thirty
days after its adoption.
APPROVED AS TO FORM:
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Adopted and approved this 5th day of March, 2002,
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2040 (CCS) had it's introduction on February 26, 2002 and
was adopted at the Santa Monica City Council meeting on March 5, 2002 by the
following vote:
Ayes: Council members: O'Connor, Bloom, Genser, Mayor Pro Tem McKeown,
Mayor Feinstein
Noes:
Councilmembeffi: None
Abstain: Council members: None
Absent: Council members: Holbrook, Katz