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O2068 f:\plan/sha reI cou ncil/ordlma i n I ibpedo rient. doc City Council Meeting 3-11-03 Santa Monica, California ORDINANCE NUMBER 206S(CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 9.04.08.18.060 RELATING TO PROPERTY DEVELOPMENT STANDARDS IN THE C3 DOWNTOWN COMMERCIAL ZONING DISTRICT WHEREAS, the City's Zoning Ordinance requires buildings in the C3 Downtown Commercial district to provide one public entrance or other publicly accessible pedestrian-oriented use every one hundred feet of building facade at the street frontage; and WHEREAS, in light of recent events, security at municipal buildings has become a very important and challenging consideration in the design of public access points; and WHEREAS, the unique design, floor plan and secured access requirements of these buildings make it difficult to comply with all of the pedestrian oriented design standards; and 1 WHEREAS, the design, floor plan and publicly accessible space and configurations of municipal buildings are by their nature pedestrian oriented; and WHEREAS the Zoning Ordinance currently authorizes the Architectural Review Board to modify the requirements for other types of pedestrian oriented design elements if there are practical difficulties, unnecessary hardships or unusual circumstances associated with the project. However, no such modification is permitted to the requirement that public entrances or pedestrian oriented uses be provided every 100 feet of building fac;ade in the C3 district; and WHEREAS, this ordinance would allow the Planning Commission to review and approve modifications to this requirement provided there are practical difficulties: unnecessary hardships or unusual circumstances associated with the project; and WHEREAS, on January 8, 2003 and February 12, 2003 the Planning Commission conducted public hearings and forwarded a recommendation to the City Council to adopt a zoning ordinance text amendment to modify the development standards in the C3 zoning district to allow the Planning Commission to grant an exemption for municipal buildings from the requirement that one public entrance or other publicly accessible pedestrian-oriented use be provided every one hundred feet of building facade at the street frontage; and 2 WHEREAS, the City Council held a public hearing on the proposed Zoning Ordinance Text Amendments on February 25,2003; and WHEREAS, the proposed amendments are consistent in principle with the goals, objectives, policies, land uses, and programs specified in the adopted General Plan, specifically Land Use Element Objective 1.1 which states that the City's land use policies should encourage greater pedestrian access throughout the City. The modified text language will accommodate the unique design and the special need for limited pedestrian access points of larger municipal buildings, allow for flexibility in street-level building design while ensuring that the pedestrian oriented design objectives for the downtown are met, and require that the Planning Commission make appropriate findings that the pedestrian design modifications are not detrimental to the downtown area of the City; and WHEREAS, the City Council finds and declares that the public health, safety and general welfare require the adoption of the proposed amendments to the Zoning Ordinance amendment to allow the Planning Commission to modify the street level public entrance and pedestrian use requirements in order to accommodate the pedestrian access and security needs of larger municipal buildings. This text amendment will contribute to the public health, safety and general welfare of the community by allowing for more flexible street-level design standards in order to facilitate better design and more creativity in accomplishing pedestrian orientation and ensure that public safety and security objectives are achieved, 3 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS SECTION. 1 Santa Monica Municipal Code Section 9.04.08.18.060 is hereby amended to read as follows 9.04.08.18.060 Property development standards. All property in the C3 District shall be developed in accordance with the following standards: (a) Maximum Building Height. Three stories, not to exceed forty-five feet, except for the following: (1) For parcels in the area bounded by 5th Court, 6th Court, Colorado Avenue and Wilshire Boulevard, the maximum height shall be five stories, sixty feet; provided there is no retail above the first floor and only residential uses above the second floor. (2) For parcels in the area bounded by 6th Court, 7th Court, Colorado Avenue and Wilshire Boulevard and the north side of Wilshire Boulevard between 2nd Street and 7th Street, the maximum height shall be four stories, fifty feet; provided, there is no retail above the first floor and only residential uses above the second floor. There shall be no limitation on the number of stories of any hotel, detached parking structure, or structure containing at least one floor of residential use, so long as the height does not exceed the maximum number of feet permitted in this Section. 4 (b) Maximum Floor Area Ratio. 2.0, except that in the area bounded by 5th Court, 7th Court, Colorado Avenue and Wilshire Boulevard, and the area on the north side of Wilshire Boulevard between 2nd Street and 7th Street, the FAR for commercial square footage shall not exceed 1.5. Floor area devoted to residential uses shall be counted at fifty percent. (c) Minimum Lot Size. Seven thousand five hundred square feet. Each parcel shall contain a minimum depth of one hundred fifty feet and a minimum width of fifty feet, except that parcels existing on the effective date of this Chapter shall not be subject to this requirement. (d) Front Yard Setback. Landscaping as required pursuant to the provisions of Part 9.04.10.04. (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 perpendicularly cross 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 5 buffer required pursuant to the provisions of Part 9.04.10.04. (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 no closer than five feet to the interior side property line; provided, the parking or loading does not extend above the first floor level; and provided, a wall not less than five feet or more than six feet in height is erected and maintained along the side commercial parcel line. A required interior side yard shall not be used for access or for commercial purposes. (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 thirty thousand square feet of floor area, except that for applications involving the demolition and replacement of an existing single-purpose grocery store on a parcel which is not adjacent to a residentially zoned district, with a store which has a minimum of twenty-five thousand square feet of floor area, only a net new floor area addition of more than thirty thousand square feet shall be subject to 6 development review. Square footage devoted to residential use shall be reduced by fifty percent when calculating whether a development review permit is required, (h) ........ UI\lIIfMupted ...."~aoad....." .. ~8d ~ of .~ facade at the street frontage shall contain at least one public entrance or other publicly accessible pedestrian-oriented use. (i) Ground floor street frontage of each structure shall be designed with pedestrian-orientation in accordance with Section 9.04.10.02.440 of this Chapter. 0) The Planning Commission may exempt municipal buildings from the requirements of subsections (h) and (i) of this Section if both of the following findings of fact can be made in an affirmative manner: (1 ) That the strict application of the provisions of this Chapter would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of this Chapter or that there are exceptional circumstances or conditions applicable to the proposed development that do not apply generally to other development covered by this Chapter; (2) That the granting of an exception would not adversely affect surrounding properties or be detrimental to the district's pedestrian- oriented environment. SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such 7 inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 3. If any section, subsection, sentence, clause, or phrase of this ~1I fer any.....lftheld'b....~er uneonstlitu+ by . ~.of.*'Y 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 4. 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 from its adoption. APPROVED AS TO FORM: 8 Approved and adopted this 11th day of March, 2003. ? Q/l- RicHard Bloom, Mayor 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. 2068 (CCS) had its introduction on February 25, 2003, and was adopted at the Santa Monica City Council meeting held on March 11, 2003, by the following vote: Ayes: Council members: Feinstein, Mayor Pro Tem McKeown, Katz, Genser, Holbrook, Mayor Bloom Noes: Council members: None Abstain: Council members: None Absent: Council members: O'Connor ATTEST: ~ n~ ,k.,~ Maria M. Stewart, Ci~ Clerk