O2102
F:\ATTY\MUNI\LAWS\BARRY\DRThresholds2d-1.doc
City Council Meeting 12-16-03 Santa Monica, California
ORDINANCE NUMBER 2102 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS
9.04.08.12.060, 9.04.08.14.060, 9.04.08.16.060, 9.04.08.22.060, 9.04.08.24.060,
9.04.08.26.060, 9.04.08.28.060, 9.04.08.30.060, 9.04.08.34.060 AND 9.04.08.35.050
TO MODIFY DEVELOPMENT REVIEvv THRESHOLDS AND ADDING SECTION
9.04.10.14.050 TO EXEMPT CERTAIN HOUSING PROJECTS FROM THE MODIFIED
DEVELOPMENT REVIEW THRESHOLDS.
WHEREAS, Sections 9.04.08.12.060(h), 9.04.08.14.060(g), 9.04.08.16.060(g),
9.04.08.22.060(f), 9.04.08.24.060(g), 9.04.08.26.060(g), 9.04.08.28.060( e),
9.04.08.30.060(h), 9.04.08.34.060(g), and 9.04.08.35.050(i) of the Santa Monica Zoning
Ordinance require the filing of a Development Review Permit application for projects
exceeding eleven thousand to thirty thousand square feet in floor area, depending on
the zoning district; and
WHEREAS, Section 9.04.10.14.030 of the Santa Monica Zoning Ordinance
provides special housing development standards and incentives to facilitate the
development of alternative housing development in the City, particularly affordable
housing; and
1
WHEREAS, a Development Review Permit application is required for the
construction of certain projects for which the design, siting, and size could result in
adverse impacts on the surrounding area such as development that is proposed to be
built to a greater intensity and building height than generally permitted in the area; and
WHEREAS, the development review process is designed to ensure that the
development is compatible with and relates harmoniously with the surrounding
neighborhood; and
WHEREAS, a project that requires a development review permit is subject to
public review by the Planning Commission, with appeal to the City Council, whereas a
project below the development permit review threshold can be administratively
approved; and
WHEREAS, the City itself is extremely dense with a land area of just eight
square miles and a population of approximately 85,000 people. Additionally, about
300,000 people work in the City and approximately 500,000 people visit the City on
weekends; and
WHEREAS, during recent years, the City has experienced an unprecedented
economic prosperity; and
WHEREAS, some of the housing developers during this period have taken
advantage of the opportunity to build multiple, large, identical or nearly identical projects
on lots in close proximity pursuant to administrative approvals; and
WHEREAS, while these projects helped the City achieve its goal of promoting
housing, the impact upon residents and businesses of the building boom in general and
2
the building of multiple identical or similar large projects on the same block has been
substantial and dire; and
WHEREAS, high development review thresholds have resulted in the
administrative approval of projects adjacent to residential areas that are significantly out
of scale with the adjoining neighborhoods and that create significant adverse impacts on
these neighborhoods such as noise, traffic, parking, aesthetic, privacy, light and air, and
shade and shadow; and
WHEREAS, the ministerial nature of the approval process has resulted in the
City's inability to mitigate or address these impacts; and
WHEREAS, reducing the development review threshold to 7,500 square feet
would allow thorough review of the impacts of large projects and enable the public to
participate in this review. Reducing the development review threshold would also
ensure that administrative approval is only available to smaller scale developments
which produce far fewer adverse impacts on nearby residential neighborhoods.
However, adoption of this ordinance wc~!d not prohibit any uses currently authorized in
the subject districts; and
WHEREAS, reducing the development review threshold would not alter the City's
substantial commitment to promotin!;;{c5idci-.~~al uses in non-residential zoning districts
which is manifest in City policy and law; and
WHEREAS, residential development in all of the City's commercial districts would
still be authorized. Thus, residential development could still occur in over 80% of the
City's acreage; and
3
WHEREAS, City policy provides substantial development incentives for
residential housing. For instance, in certain districts, certain floor area devoted to
residential use is eligible to receive additional FAR (Floor Area Ratio); and
WHEREAS, the City has eliminated the restriction on the number of stories that
can be built if the structure contains at least one floor of residential use and has
increased the maximum height of projects with a designated number of floors of
residential use; and
WHEREAS, the City's Affordable Housing Production Program housing fees are
also discounted for residential development in commercial areas; and
WHEREAS, this ordinance exempts project~ that are one hundred percent
affordable to households with incomes of eighty percent of median income or less or
projects that contain a minimum of eighty percent (80%) of floor area devoted to multi-
family residential use provided that at least fifteen percent (15%) of the housing units
are deed-restricted for households with incomes of eighty percent (80%) of median
income or less or at least ten percent (10%) of the housing units are deed-restricted for
households with incomes of sixty percent (60%) of median income or less. Projects in
the C2 and CM districts which are required by the City's Zoning Ordinance to devote
more than twenty percent (20%) of floor area to pedestrian oriented uses shall also be
exempt if these projects contain the maximum percentage of multi-family residential use
authorized by the Zoning Ordinance and the affordable units specified above; and
.
WHEREAS, the ordinance's exemptions for affordable housing projects and
projects with a significant percentage of their units affordable to low income tenants
4
advances several goals and policies of the City's Housing Element including, but not
limited to, Housing Element Policy 2.8 (Continue to provide development incentives and
reduced planning fees for development of affordable housing); and
WHEREAS, in light of the concerns expressed above, the City Council adopted
Ordinance Number 1991 (CCS) on November 28, 2000, a forty-five day ordinance
which modified the development review thresholds in the RVC, BCD, C2, C4, C5, C6,
CM, CP, M1, and LMSD districts; and
WHEREAS, Ordinance Number 1991 (CCS) also exempted certain housing
projects from the modified Development Review thresholds; and
WHEREAS, the City Council adopted Ordinance Number 1999 (CCS) on
February 13, 2001, which extended the development review thresholds in the RVC,
BCD, C2, C4, C5, C6, CM, CP, M1, and LMSD districts on an interim basis; and
WHEREAS, Ordinance Number 1999 (CCS) expires on February 12, 2004; and
WHEREAS, in preparing its 2000-2005 Housing Element, the City contracted
with the policy, financial, and management consulting firm of Hamilton, Rabinovitz &
Alschuler ("HR&A"). HR&A undertook an extensive review and analysis of numerous
governmental programs, policies, and regulations to assess whether they operated as a
constraint on housing development. One of the regulations analyzed was Ordinance
No. 1999 (CCS); and
WHEREAS, HR&A determined that Ordinance No. 1999 (CCS) did not operate
as a constraint on housing development; and
WHEREAS, that conclusion remains unchanged for the proposed ordinance; and
5
WHEREAS, the Planning Commission considered the proposed text amendment
on November 5, 2003 and voted to forward to the City Council a recommendation of
approval of this request except the Planning Commission did not support allowing
exempt projects to provide affordable housing off-site; and
WHEREAS, the City Council held a pubic hearing on this proposed text
amendment on December 9, 2003; and
WHEREAS, the proposed text amendment is consistent in principle with the
goals, objectives, policies, land uses, and programs specified in the adopted General
Plan, specifically, Land Use Element Objective 1.2, which states that the City's land use
policies should seek to "ensure compatibility of adjacent land uses" in that the proposed
amendment reduces the scale of developments eligible to be administratively approved
so as to not produce adverse impacts on nearby neighborhoods; Land Use Element
Objective 1.6 which states that the City's land use policies should seek "to
accommodate commercial uses which serve regional, community, and local needs while
respec~;;-;~ ~:;e adjacent residential neighborhoods" in that the proposed amendment
would ensure that development provides a more sensitive transition between
commercial and residential uses and is compatible with the existing neighborhood
G0i.l€:A(; and Housing Element Policy 2.8 which states that the City's housing policies
should seek to "continue to provide development incentives and reduced planning fees
for development of affordable housing" in that the proposed amendment would exempt
certain housing projects from the Development Review thresholds as well as continue to
either provide FAR bonuses for the residential components of development projects or
6
discount the residential floor area for the purpose of calculating FAR, thereby continuing
to provide development incentives for affordable housing; and
WHEREAS, for the reasons detailed above, the City Council finds and declares
that the public health, safety, and general welfare require the adoption of the proposed
text amendment in that reducing the development review threshold will allow close
review of the impacts of large projects ensure that detrimental impacts of these projects
are adequately addressed, and enable the public to participate in this review,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 9.04.08.12.060 is hereby
amended to read as follows:
Section 9.04.08.12.060 Property development standards.
All property in the RVC District shall be developed in accordance
with the following standards:
(a) Maximum Building Height and FAR. Maximum building
height, number of stories and floor area ratio shall be determined as
follows:
7
Table 9.04.08.12.060
MAXIMUM BUILDING HEIGHT AND FAR
(1 ) Properties Bounded by Maximum Maximum Number Maximum
the Following Streets Height of Stories FAR
Pier Overlay:
a. Santa Monica Pier.
The Deauville site to
the north, Seaside Terrace
to the south, The Promenade
to the west, and Ocean Avenue
to the east, except parcels
fronting on Ocean Avenue. 30' 2 1.0
b. Parcels fronting on
Ocean Avenue. 30' 2 .5
c. Replacement of Sinbad's
building only on the
Santa Monica Pier. 40' 3 1.0
d. Amusement rides on the
Santa Monica Pier. 85' for one Ferris Wheel;
55' for one Roller Coaster;
45' for all other amusement rides.
West side of Ocean Avenue
from Pica Boulevard
to Seaside Terrace
(Ocean Avenue Fronting
Parcels Only). 45' 3 2.0
East side of Ocean Avenue
to First Court from
Colorado Avenue to
California Avenue. 45' 3 2.0
8
For parcels located along
the Pacific Coast
Highway between the
Santa Monica Pier and
the north City limits. 23' 2 0.5
flat roof
30'
pitched roof
(2) As used in this Section, a "pitched roof' is defined as a roof
with at least two sides having no less than one foot of vertical rise for
every three feet of horizontal run. The walls of the building may not
exceed the maximum height required for a flat roof.
(3) There shall be no limitation on the number of stories of any
hotel, parking structure or Affordable Housing Project, as long as the
height does not exceed the maximum number of feet permitted in this
Section. Maximum building height for the pier platform shall be measured
from the pier platform rather than average natural grade.
(b) Maximum Unit Density. For parcels located along the Pacific
Coast Highway between the Santa Monica Pier and the north City limits,
those parcels greater than four thousand square feet, one dwelling unit for
each fifteen hundred square feet of parcel area is permitted. For parcels
less than four thousand square feet, no dwelling units shall be permitted
except that one dwelling unit may be permitted if a single family dwelling
9
existed on the parcel on September 9, 1988. No more than one dwelling
unit shall be permitted on a parcel forty feet or less in width.
(c) Maximum Parcel Coverage. Seventy percent except that for
parcels located along the Pacific Coast Highway between the Santa
Monica Pier and the north City limits, the maximum parcel coverage shall
be fifty percent.
(d) Minimum Lot Size. Five thousand square feet. Each parcel
shall contain a minimum depth of one hundred feet and a minimum width
of fifty feet, except that parcels existing on September 9,1988, shall not
be subject to this requirement.
(e) Front Yard Setback. (1) Thirty-five feet along the west side
of Ocean Avenue south of Colorado Avenue, twenty feet on the east side
of Ocean Avenue south of Colorado Avenue and five feet on all other
streets, except that for parcels located along the Pacific Coast Highway
between the Santa Monica Pier and the north City limits, the front yard
setback shall be twenty feet or as shown on the Official Districting Map,
whichever is greater. (2) At least thirty percent of the building elevation
above fourteen feet in height shall provide an additional five-foot average
setback from the minimum required front yard setback.
(f) Rear Yard Setback. Fifteen feet, except that for parcels
located along the Pacific Coast Highway between the Santa Monica Pier
and the north City limits, the beach rear yard setback shall be fifteen feet
10
for parcels one hundred feet or less in depth, fifty-five feet for parcels over
one hundred feet in depth.
(g) Side Yard Setback. The side yard setback shall be
determined in accordance with the following formula, except for lots of less
than fifty feet in width for which the side yard shall be ten percent of the
parcel width but not less than four feet:
5'+ ( stories x lot width)
50'
For parcels located along the Pacific Coast Highway between the
Santa Monica Pier' and the north City limits, at least twenty-five percent of
the side elevation above fourteen feet in height shall provide an additional
four-foot average setback from the minimum side yard setback.
(h) Development Review. Except for projects listed in Section
9.04.10.14.050, a development review permit IS required for any
development of more than seven thousand five hundred square feet of
floor area and for any development with rooftop parking. Square footage
devoted to residential use shall be reduced by fifty percent when
calculating whether a development review permit is required.
(i) View Corridor. For parcels located along the Pacific Coast
Highway between the Santa Monica Pier and the north City limits, any
11
structure with seventy feet or more of frontage parallel to the Pacific Coast
Highway shall provide an unobstructed view corridor between Pacific
Coast Highway and the ocean. The view corridor shall be a minimum of
twenty continuous feet in width measured from the property line abutting
and parallel to Pacific Coast Highway and shall remain unobstructed by
any structure or portion thereof.
(j) Parking. For parcels located along the Pacific Coast Highway
between the Santa Monica Pier and. the north City limits, uncovered
parking may be located in the front half of the parcel and within the
required front yard setback.
(k) Pedestrian Orientation. 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.
SECTION 2. Santa Monica Municipal Code Section 9.04.08.14.060 is hereby
amended to read as follows
Section 9.04.08.14.060 Property development standards.
All property in the Broadway District shall be developed in
accordance with the following standards:
(a) Maximum Building Height. Two stories, not to exceed thirty
feet except that if fifty percent or more of the building is residential, three
12
stories, not to exceed forty-five feet. There shall be no limitation on the
number of stories of any 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.
(b) Maximum Floor Area Ratio. The maximum floor area ratio
shall be determined as follows:
FAR if at Least Thirty
Percent of Project
is Residential, or if at
Least Eighty Percent
Parcel of the Project is a
Square Footage FAR Grocery Store
0-15,000 1.0 1.5
15,001 - 22,500 0.90 1.3
22,501 and up 0.80 1.15
(c) 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.
(d) Front Yard Setback. Landscaping as required pursuant to
the provisions of Part 9.04.10.04.
(e) Rear Yard Setback. None, except:
13
(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 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'
14
The interior side yard may be used for parking or loading to within
five feet of 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. Except for projects listed in Section
9.04.10.14.050, a development review permit is required for any
development of more than seven thousand five hundred square feet of
floor area and for any development with rooftop parking. Square footage
devoted to residential use shall be reduced by fifty percent when
calculating whether a development review permit is required.
15
(h) Pedestrian Orientation. 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
SECTION 3. Santa Monica Municipal Code Section 9.04.08.16.060 is hereby
amended to read as follows:
Section 9.04.08.16.060 Property development standards.
All property in the C2 District shall be developed in accordance with
the following standards:
(a) Front Yard Setback. Landscaping as required pursuant to the
provisions of Part 9.04.10.04. The building must comply with build-to-Iine
requirements pursuant to the provisions contained in Section 9.04.10.02.050.
(b) Maximum Building Height. Two stories, not to exceed thirty feet.
(c) Maximum Floor Area Ratio. The maximum floor area ratio shall
be determined as follows:
(1 ) C2 District other than Pico Boulevard:
FAR if at Least Thirty
Percent of Project
is Residential, or if at
Least Eighty Percent
Parcel of the project is a
Square Footage FAR Grocery Store
0-- 7,500 .75 .75
7,501 -- 15,000 .50 .75
16
15,001 -- 22,500 .45 .65
22,501 and up .40 .55
(2) C2 on Pica Boulevard:
FAR if at Least Thirty
Percent of Project
is Residential, or if at
Least Eighty Percent
Parcel of the project is a
Square Footage FAR Grocery Store
0-- 7,500 1.0 1.0
7,501 -- 15,000 0.70 1.0
15,001 -- 22,500 0.60 0.85
22,501 and up 0.50 0.75
(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'
17
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 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 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
18
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. Except for projects listed in Section
9.04.10.14.050, a Development Review Permit is required for any
development of more than seven thousand five hundred square feet of
floor area. Square footage devoted to residential use shall be reduced by
fifty percent when calculating whether a development review permit is
required.
SECTION 4. Santa Monica Municipal Code Section 9.04.08.22.060 is hereby
amended to read as follows:
19
Section 9.04.08.22.060 Property development standards.
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. All property in the C4 District shall
be developed in accordance with the following standards:
(a) Maximum Height and Floor Area Ratio.
(1 ) For parcels in the C4 District fronting on Lincoln Boulevard
south of the Santa Monica Freeway, Pico Boulevard between Ocean
Avenue and 4th Court, and Pico Boulevard between 7th Street and 11th
Street, maximum height shall be two stories, not to exceed thirty feet, and
the floor area ratio shall be determined as follows:
FAR if at Least Thirty
Percent of Project is
Residential, or if at
Least Eighty Percent of
Parcel the Project is a
Square Footage FAR Grocery Store
0-- 7,500 1.0 1.0
7,501 -- 15,000 0.70/ 1.0
15,001 -- 22,500 0.60 0.85
22,501 and up 0.50 0.75
20
(2) For parcels in the C4 District fronting on Broadway, Santa
Monica Boulevard, and 14th Street between Pica Boulevard and the Santa
Monica Freeway, the maximum height shall be two stories, not to exceed
thirty feet, and the floor area ratio shall be determined as follows:
FAR if at Least Thirty
Percent of Project is
Residential or Automobile
Dealership with CUP, or if
Parcel at Least Eighty Percent of
Square Footage FAR the Project is a Grocery Store
0-- 7,500 1.5 1.5
7,501 -- 15,000 1.0 1.5
15,001 -- 22,500 0.90 1.3
22,501 and up 0.80 1.15
(3) For parcels in the C4 District fronting on Lincoln Boulevard
north of the Santa Monica Freeway, the maximum height shall be three
stories, not to exceed forty-five feet, and the floor area ratio shall be
determined as follows:
21
FAR jf at Least Thirty
Percent of Project
is Residential, or if at
Least Eighty Percent Parcel
of the Project is a
Square Footage FAR Grocery Store
0-- 7,500 1.5 1.5
7,501 -- 15,000 1.0 1.5
15,001 -- 22,500 0.90 1.3
22,501 and up 0.80 1.15
(4 ) For parcels in the C4 District fronting on Pico Boulevard
between 21st Street and 31st Street, subject to Section
9.04.08.22.060(a)(5), the maximum height shall be two stories, not to
exceed thirty feet, and the floor area ratio shall be determined as follows:
FAR if at Least
Thirty Percent of
Project is Residential
or if at Least Eighty FAR with CUP
Parcel Percent of the Pursuant to
Square Project is a S.ection 9.04.08-
Footage FAR Grocery Store .22.060(a)(5)
o -- 7,500 1.5 1.5 2.0
7,501 -- 15,000 1.0 1.5 2.0
15,001 -- 22,500 0.90 1.3 2.0
22,501 and up 0.80 1.15 2.0
22
(5) Subject to the approval of a Conditional Use Permit, a project
on a City-owned parcel in the C4 District fronting on Pico Boulevard
between 21 st Street and 31 st Street shall be permitted aFAR bonus and
a height of three stories, forty-five feet, if the project contains a full service
grocery store having at least five thousand square feet of gross floor area.
(b) 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 these requirements.
(c) Front Yard. Setback. Landscaping as required pursuant to the
provisions of Part 9.04.10.04.
(d) 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
23
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 buffer required pursuant to the provisions of Part 9.04.10.04.
(e) 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 Jot 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.
24
(3) A ten~foot setback from an interior side 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.
(f) Development Review. Except for projects listed in Section
9.04.10.14.050, a Development Review Permit is required for any
development of more than seven thousand five hundred square feet of
floor area and for any development with rooftop. parking. Square footage
devoted to residential use shall be reduced by fifty percent when
calculating whether a development review permit is required.
SECTION 5. Santa Monica Municipal Code Section 9.04.08.24.060 is hereby
amended to read as follows:
Section 9.04.08.24.060 Property development standards.
All property in the C5 District shall be developed in accordance with
the following standards:
(a) Maximum Building Height. Three stories, not to exceed forty-five
feet. There shall be no limitation on the number of stories of any parking structure
so long as the height does not exceed the number of feet permitted in this
Section.
25
(b) Maximum Floor Area Ratio. The maximum floor area ratio shall
be determined as follows:
Parcel Square Footage FAR
o -- 22,500 1.0
22,501 and up 0.75
(c) Minimum Lot Size. Fifteen thousand square feet. Each
parcel shall contain a minimum depth of one hundred fifty feet and a
minimum width of one hundred feet except that parcels existing on the
effective date of this Chapter shall not be subject to this requirement.
(d) Front Yard Setback. Twenty feet minimum depth from any
public right-of-way or the transportation right-of-way.
(e) Rear Yard Setback. None, except:
(1 ) Where fear 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 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
26
feet or more than six feet in height is erected and maintained along the
rear commercial 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 buffer required pursuant to the provisions of Part 9.04.10.04.
(f) Side Yard Setback. None, except:
(1 ) Where 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 to 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 or manufacturing 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.
27
(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. Except for projects listed in Section
9.04.10.14.050, a Development Review Permit is required for any
development of more than seven thousand five hundred square feet of
floor area and any development with rooftop parking. Square footage
devoted to residential use shall be reduced by fifty percent when
calculating whether a development review permit is required.
SECTION 6. Santa Monica Municipal Code Section 9.04.08.26.060 is hereby
amended to read .as follows:
Section 9.04.08.26.060 Property development standards.
All property in the C6 District shall be developed in accordance with
the following standards:
(a) Maximum Building Height. Three stories, not to exceed
forty-five feet. 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.
28
(b) Maximum Floor Area Ratio. The maximum floor area ratio
shall be determined as follows:
FAR if at Least Thirty
Percent of Project
is Residential, or if at
Least Eighty Percent Parcel
of the Project is a
Square Footage FAR Grocery Store
0--7,500 2.0 2.0
7,501 -- 15,000 1.4 2.0
15,001 -- 22,500 1.2 1.75
22,501 and up 1.0 1.5
(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 provision 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'
29
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 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 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 is erected and maintained along the
30
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. Except for projects listed in Section
9.04.10.14.050, a Development Review Permit is required for any
development of more than seven thousand five hundred square feet of
floor area and any development with rooftop parking. Square footage
devoted to residential use shall be reduced by fifty percent when
calculating whether a development review permit is required.
SECTION 7. Santa Monica Municipal Code Section 9.04.08.28.060 is hereby
amended to read as follows:
Section 9.04.08.28.060 Property development standards.
For purposes of property development standards, there shall be
three zoning classifications within the CM district: CM-2, CM-3 and CM-4.
31
All property in the eM District shall be developed in accordance with the
following standards:
(a) Maximum Building Height and FAR. Maximum building height,
number of stories and floor area ratio shall be determined as follows:
(1 ) For parcels with frontage on Second Street, and which abut
residentially zoned property on at least one side yard, for that area within
one hundred feet of Second Street maximum building height, number of
stories, and floor area ratio shall be:
Max.
Max. No. Of Max. Max. FAR Project if 30% of the
Height Stories FAR is Residential
27' 2 .8 1.0
(2) For all other parcels in the CM District, maximum building
height, number of stories and floor area ratio shall be:
Max Max. Max.
Height No. Of FAR
Stories
CM-2 27' 2 1.5
CM-3 35' 3 2.0
CM-4 35' 3 2.0
32
(3) Notwithstanding the above, property in the CM-4 District may
be developed to a maximum height of forty-seven feet, four stories and a
2.5 FAR, provided the following conditions are met:
(i) The fourth floor does not exceed more than fifty percent of the
third floor footprint;
(ii) The fourth floor is set back a minimum of ten feet from the
third floor street frontage(s);
(iii) The fourth floor is set back a minimum of five feet from the
third floor side and rear yard building frontages;
(iv) The fourth floor setback at the street frontage is devoted to a
roof garden or unenclosed terrace;
(v) The development includes residential uses equal to or
exceeding the floor area of the fourth floor;
(vi) The front yard setback at the ground floor level is double that
required pursuant to subsection (b) of this Section.
(4 ) There shall be no limitation on the number of stories of any
structure whose floor area contains fifty percent or more residential uses
as long as the height does not exceed the maximum number of feet
permitted in the zoning classification of the CM District in which it is
located, or as allowed by Section 9.04.10.14.030(a) of this Chapter. For
purposes of calculating the FAR of any structure within the CM District,
33
multi-residential units devoted strictly to apartment residential uses shall
be computed at one-half the actual total floor area.
(b) Front Yard Setback.
(1 ) For parcels with frontage on Second Street and which abut
residentially zoned property on at least one side yard, on that portion of
the parcel located within seventy-five feet of Second Street, the front yard
setback shall be twenty feet or fifteen feet if the average setback of
adjacent dwelling(s) is fifteen feet or less. A one-story, covered or
uncovered porch, open on three sides may encroach six feet into a front
yard with a twenty-foot setback, if the roof does not exceed a height of
fourteen feet and the porch width does not exceed forty percent of the
building width at the front of the building.
(2) For all other parcels in the CM District, a front yard shall be
provided in accordance with Part 9.04.10.04 of this Code.
(c) Rear Yard Setback. A rear yard shall be provided and maintained.
Such yard shall have a minimum depth as follows:
(1 ) CM-2 District, East of the Centerline of Main Street. No rear
yard shall be required for one-story structures and for the first floor of a two-story
structure, provided that any portion of the first floor which is within five feet of the
rear property line is not more than nine feet in height and is fully enclosed, i.e.,
without windows, doors or ventilation openings permitting visual access to
adjoining residential property. Any portion of the first floor that either exceeds
34
nine feet in height or is not fully enclosed shall be at least five feet from the rear
property line. The minimum rear yard requirement for the second-story portion of
a two-story structure shall be twenty feet.
(i) Use of Rear Yard. Commercial use in the required rear yard is not
permitted. Noncommercial uses and parking are permitted in the rear yard to the
rear property line on the ground level.
(ii) Use of Roof in Rear Yard. No portion of the first-floor roof within
fifteen feet of the rear property line may be used for any purpose other than
access for building maintenance and repair. The remaining setback area may be
privately used (not open to the public) if enclosed with a solid six-foot barrier.
(iii) Exception. There shall be no rear yard setbacks required where
existing parking improvements and common ownership extend through to
Second Street.
(2) CM-2 District, West of the Centerline of Main Street. No rear
yard shall be required for a one-story structure, provided that any portion of the
first-floor structure which is within five feet of the rear property line does not
exceed nine feet in height. Any portion of the first floor that exceeds nine feet in
height shall be at least five feet from the rear property line. The minimum rear
yard requirement for the second story of a two-story structure shall be five feet.
(3) CM-3 District. Rear yard requirements in the CM-3 District shall be
the same as those required in the CM-2 District, west of the centerline of Main
Street, for one and two story structures. A minimum fifteen-foot rear yard setback
for any portion of a third story is required.
35
(4 ) CM-4 District. No rear yard setback is required except as may be
required in subsection (a) of this Section..
(d) Side Yard Setback. None, except where the interior side parcel line
abuts a residential district. In those cases, an interior side yard shall be provided
equal to:
5' + (stories x lot width)
50'
On lots of less than fifty feet in width, the side yard shall be ten percent of
the parcel width but not less than five feet.
(e) Development Review. Except for projects listed in Section
9.04.10.14",050, a development review permit is required for any development of
more than seven thousand five hundred square feet of floor area. Square footage
devoted to residential use shall be reduced by fifty percent when calculating
whether a development review permit is required.
SECTION 8. Santa Monica Municipal Code Section 9.04.08.30.060 is hereby
amended to read as follows:
Section 9.04.08.30.060 Property development standards.
All property in the CP District shall be developed in accordance with
the following standards unless otherwise provided in the Hospital Area
Specific Plan:
36
(a) Maximum Building Height. Maximum building height, number of
stories, and floor area ratio shall be determined as follows:
ITable 9.04.08.30.060
jWith APprov~1 of~~ . . il
~e~elop=ent..Re_~i~\ype~n1itj
,--, ~r==-"-.! ~-'~-T~~ r-:=-I
I IMax. IMax. No. IMax./Max./Max. No. ,Max.
I I II _ I
,----~-; '~f-F- .~-
I ..IHeightjOf StorieslFAR. Height ofStorieslFAR
I,., I
Ic P3' 145-;-- [3 pr~~"~"-F~---f~
, I'
I I
I i
I .1 , ., . .1 ... .' ,
ICP5' ~!3 /1.5 i.170' f r-J
I I I I ....1
._~._-----,-,-~--,-----_._,_.__._- There shall be no limitation on the number of stories of any hotel,
detached parking structure or Affordable Housing Project as long as the
height does not exceed the maximum number of feet permitted in this
Section or as allowed by Section 9.04.1 0.14.030(a) of this Chapter.
(b) The main hospital campus of Saint John' s Hospital and
Health Center shall be divided into two parcels for purposes of calculating
FAR. Parcel A-Lot 13, Block 3, Orchard Tract; Parcel B-Lots 4-29, Tract
No. 4618 and Lots 1, 2 and 3, Tract No. 7764.
(c) Parking structures developed in the CP District in which at
least half of the spaces are provided to address an existing parking space
deficiency or are replacing existing parking shall not be subject to FAR
37
limitations, but shall be required to meet all other development standards
for the area.
(d) Minimum Lot Size. Seventy-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 on the effective date of this Chapter shall not be
subject to this requirement.
(e) Front Yard Setback. As shown on the Official Districting Map of
the City, or, if no setback is specified, twenty feet.
(f) 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.
38
(2) That needed to accommodate landscaping and screening
for a rear yard buffer required pursuant to the provisions of Part
9.04.10.04.
(g) 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
39
feet shall be permitted if provisions of the Uniform Building Code related to
fire-rated openings in side yards are satisfied.
(h) Development Review. Except for projects listed in Section
9.04.10.14.050, a Development Review Permit is required for any development
of more than seven thousand five hundred square feet of floor area, for any
development with rooftop parking, and to heights and floor area ratios in Section
9.04.08.30.060(a). Square footage devoted to residential use shall be reduced by
fifty percent when calculating whether a development review permit is required.
(i) All new commercial development in this District shall provide
free employee parking and a minimum one hour free visitor parking unless
a preferential parking zone exists or is established in the area of the
development and the City finds that the preferential parking district will
adequately mitigate 'potential adverse on-street parking impacts of the
development, or if otherwise provided in the Hospital Area Specific Plan.
SECTION 9. Santa Monica Municipal Code Section 9.04.08.34.060 is hereby
amended to read as follows:
Section 9.04.08.34.060 Property development standards.
All property in the M 1 District shall be developed in accordance with the
following standards:
(a) Maximum Building Height. Two stories and thirty feet or with approval of
a Development Review Permit for artist studios only, three stories and forty-five feet. For
40
recreational facilities associated with public or private primary or secondary schools, two
stories and forty-five feet. Within fifty feet of a residential district, no portion of any
structure shall exceed the maximum permitted height of the adjoining residential district.
There shall be no limitation on the number of stories of any detached parking structure
so long as the height does not exceed the number of feet permitted in this Section.
(b) Maximum Floor Area Ratio. 1.0 or 1.5 for development of artist
studios with approval of a Development Review Permit.
(c) Minimum Lot Size. Fifteen thousand square feet. Each parcel
shall contain a minimum depth of one hundred fifty feet and a minimum width of
one hundred 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
provision of Part 9.04.10.04.
(e) Rear Yard Setback. None, except:
(1 ) Where the 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
fjve feet or more than six feet in height is erected and maintained along
the rear commercial parcel line. Access driveways shall be permitted to
41
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 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 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
42
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. Except for projects listed in Section
9.04.10.14.050, a Development Review Permit is required for any
development of more than seven thousand five hundred square feet of
floor area and any development with rooftop parking. Square footage
devoted to residential use shall be reduced by fifty percent when
calculating whether a development review permit is required,
SECTION 10. Santa Monica Municipal Code Section 9.04.08.35.050 is hereby
amended to read as follows:
Section 9.04.08.35.050 Property development standards.
All property in the Light Manufacturing and Studio District shall be
developed in accordance with the following standards:
(a) Maximum Building Height. The maximum building height shall be
two stories, not to exceed thirty feet, except the following projects may have a
maximum height of four stories, forty-five feet:
(1 ) Projects involving the expansion of public or private
elementary and secondary schools (Grades K through 12) existing prior to
September 8, 1988;
43
(2) Entertainment-related facilities including sound stages, movie
studios, editing facilities, post-production facilities, set construction
facilities and special effects facilities;
(3) Theaters.
There shall be no limitation on the number of stories of any
detached parking structure so long as the height does not exceed the
number of feet permitted in the district.
(b) Maximum Floor Area Ratio. Maximum floor area ratio shall be
1.0, except the following projects may have a floor area ratio of 1.5:
(1 ) Projects involving the expansion of public or private
elementary and secondary schools (Grades K through 12) existing prior to
September 8, 1988;
(2) With approval of a development review permit, projects
including artist studios, provided the additional .5 floor area ratio is
devoted to artist studio use, and the commercial square footage does not
exceed 1.0 floor area ratio.
(c) Minimum Lot Size. The minimum lot size shall be fifteen thousand
square feet, each lot shall contain a minimum depth of one hundred fifty feet and
a minimum width of one hundred feet, except that lots existing on the effective
date of the ordinance codified in this Chapter shall not be subject to this
requirement.
44
(d) Front Yard Setback. All landscaping shall be in accordance with
the provisions of Part 9.04.10.04 of this Code.
(e) Rear Yard Setback. No rear yard setback shall be required except:
(1 ) Where the rear parcel line abuts a residential district, a rear
yard equal to:
5' + (stories x lot width)
50'
shall be required.
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 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) Such rear yard setback as is necessary to accommodate
landscaping and screening for a rear yard buffer required pursuant to the
provisions of Part 9.04.10.04 of this Code.
(f) Side Yard Setback. No side yard setback shall be required except:
(1 ) Where the interior side parcel line abuts a residential district,
an interior side yard equal to:
45
5'+ (stories x lot width)
50'
shall be required.
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) Such side yard setback as is needed to accommodate
landscaping required for a street side yard, landscape buffer and
screening pursuant to the provisions of Part 9.04.10.04 of this Code.
(3) For portions of buildings that contain windows, doors, or other
openings into the interior of the building, a ten-foot setback from an interior
property line shall be required. An interior side yard setback of 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) Building Stepback. Building stepbacks shall be provided
pursuant to the requirements of Section 9.04.10.02.040, unless the
Architectural Review Board finds that modification or elimination of this
requirement will not be detrimental to the property, adjoining properties, or
46
the general area in which the property is located and the objectives of the
step back requirement are satisfied by the provision of alternative
stepbacks or other building features which reduce effective mass to a
degree comparable to other relevant standards.
(h) Olympic Boulevard Setback. Buildings shall be setback a
minimum of twenty feet from Olympic Boulevard.
(i) Development Review. Except for projects listed in Section
9.04.10.14.050, a development review permit IS required for any
development of more than seven thousand five hundred square feet of
floor area, for any development with rooftop parking, and for projects
which include artist studios with a 1.5 floor area ratio, provided the
additional .5 floor area ratio is devoted to artist studio use, and the
commercial square footage does not exceed 1.0 floor area ratio. Square
footage devoted to residential use shall be reduced by fifty percent when
calculating whether a development review permit is required.
SECTION 11. Section 9.04.10.14.050 is hereby added to the Santa Monica
Municipal Code to read as follows:
Section 9.04.10.14.050 Exem ptions from Development
Review thresholds.
47
The following projects located in the RVC, BCD, C2, C4, C5, C6,
CM, CP, M1, and LMSD Districts shall be exempt from Development
Review thresholds:
(a) Projects that contain a minimum of eighty percent (80%) of floor
area devoted to multi-family residential use provided that at least fifteen
percent (15%) of the housing units are deed-restricted for households with
incomes of eighty percent (80%) of median income or less or at least ten
percent (10%) of the housing units are deed-restricted for households with
incomes of sixty percent (60%) of median income or less.
(b) Affordable housing projects in which one hundred percent
(100%) of the housing units are deed-restricted for households with
incomes of eighty percent (80%) of median income or less.
(c) Projects in the C2 and CM districts which are required by the
City's Zoning Ordinance to devote more than twenty percent (20%) of floor
area to pedestrian oriented uses shall also be exempt if these projects
contain the maximum percentage of multi-family residential use authorized
by the Zoning Ordinance and meet the affordable housing unit
requirement of subsection (a) of this Section.
SECTION 12. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
48
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 13. 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 14. 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:
IJ//, i ,', i: (I_.,. //7 Ii ....,.;//," ,', .'
f [, /f;{/L1tll r(f.;ttt.;?;' LCll"lt--f::.Ct
j ." ., 1- " --;:.
MARSHA JON,ES MOUTRIE
City"Attorney -,'
49
Approved and adopted this 16th day of December, 2003.
~~
~ 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. 2102 (CCS) had its introduction on December 9, 2003, and
was adopted at the Santa Monica City Council meeting held on December 16, 2003, by
the following vote:
Ayes: Council members: Mayor Bloom, Mayor Pro Tem McKeown, Feinstein,
Genser
Noes: Council members: O'Connor, Katz
Abstain: Council members: None
Absent: Council members: Holbrook
ATTEST:
--~
~~ ~o-d:
Maria M. Stewart, City Clerk
50