O2133
F:\ATTY\MUNI\LAWS\BARRY\C2Montana2d-1.doc
Council Meeting 8-3-04 Santa Monica, California
ORDINANCE NUMBER 2133 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
MODIFYING SANTA MONICA MUNICIPAL CODE SECTIONS 9.04.08.16.020,
9.04.08.16.050, AND 9.04.08.16.060 RELATIVE TO PERMITTED USES, PROHIBITED
USES, AND DEVELOPMENT STANDARDS WITHIN THE C2 NEIGHBORHOOD
COMMERCIAL DISTRICT ALONG MONTANA AVENUE
WHEREAS, the Montana Avenue commercial district 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; and
WHEREAS, the Montana Avenue commercial district is adjacent to a single-family
residential district to the north and a multi-family residential district to the south; and
WHEREAS, the commercial area along Montana Avenue is dominated by single-
story buildings, scaled to the pedestrian and generally compatible with the adjacent
residential neighborhoods. 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; and
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WHEREAS, on December 7, 1999, the City Council heard testimony from nearby
affected residents who expressed concerns regarding the impacts of increased
development activity, building size, business activity and the increases in vehicular and
pedestrian traffic within the area and directed staff to prepare an interim ordinance to
preserve the neighborhood commercial character of the Montana Avenue commercial
district by addressing issues related to building size, business activities within the public
sidewalk, landscaping and setbacks; and
WHEREAS, 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 2-story projects of just under 11,000 square feet on
15,000 square foot parcels approved prior to the interim ordinance adoption; and
WHEREAS, 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; and
WHEREAS, 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 would not provide an appropriate transition between the commercial district and
the adjacent residential areas; and
WHEREAS, the existing cinema on Montana Avenue is a long-established and
well-known visual feature in the area, is consistent with the existing scale and character of
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the district and the adjacent residential neighborhood and is a pedestrian-oriented use that
serves the adjacent neighborhoods and surrounding area; and
WHEREAS, the existing cinema, however, is a legal, non-conforming use as
cinemas are no longer permitted in the C2 district; and
WHEREAS, 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; and
WHEREAS, the City Council found and declared that the public health, safety and
general welfare required the adoption of Ordinance Number 1975 (CCS) on May 23, 2000,
Ordinance Number 1978 (CCS) on June 27, 2000, Ordinance Number 2040 (CCS) on
March 5, 2003 and Ordinance 2106 (CCS) on January 13, 2004 which modified the
development standards in the C2 Neighborhood Commercial district along Montana
Avenue on an interim basis to reduce the rate of development and business activity and
the resulting impacts associated with pedestrian and traffic circulation and parking, noise,
and incompatible development on the adjacent residential areas to the north and south;
and
WHEREAS, the City Council, in adopting Ordinance 1975 (CCS), Ordinance 1978
(CCS), Ordinance 2040 (CCS) and Ordinance 2106 (CCS) found and declared that the
public health, safety and general welfare required the adoption of the interim ordinances to
ensure that new development in the commercial district along Montana Avenue is
compatible with the existing scale and character of the area and provides a sensitive
transition between the commercial district and the neighboring residential areas; and
WHEREAS, on May 13, 2004 a community meeting was held to solicit input from
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the community regarding the provisions of the interim ordinance and which of the
provisions should be considered as part of a proposed ordinance amendment; and
WHEREAS, on June 2, 2004 the Planning Commission conducted a public hearing
to adopt a Resolution of Intention which stated the Planning Commission's intention to
recommend to the City Council modification of Sections 9.04.08.16.020, 9.04.08.16.050
and 9.04.08.16.060 relative to permitted uses, prohibited uses and development
standards in the C2 Neighborhood Commercial District along Montana Avenue; and
WHEREAS, the Planning Commission held a public hearing on June 16, 2004 to
consider the proposed ordinance amendments and forwarded a recommendation to the
City Council on the proposed modifications to the permitted uses, prohibited uses and
development standards in the C2 Neighborhood Commercial District along Montana
Avenue; and
WHEREAS, the City Council held a public hearing on July 27, 2004 to consider the
proposed ordinance amendments; and
WHEREAS, 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 for
the day-to-day shopping and service needs of nearby residents"; and
WHEREAS, 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"; 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 City's
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Comprehensive Land Use and Zoning Ordinance to regulate development within the C2
Neighborhood Commercial district along Montana Avenue to avert the negative impacts of
development on traffic circulation, noise, neighborhood aesthetics and compatibility and
pedestrian enjoyment and ensure that development is consistent with the public health,
safety and welfare and is compatible with and relates harmoniously to the surrounding
sites and neighborhood by reducing the allowable floor area ratios, reducing the
development review thresholds to allow for environmental review and more public review
and comment on larger developments; and
WHEREAS, the issue related to street front landscaping within the Montana
Avenue neighborhood commercial district is more appropriately addressed within the
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context of a city-wide update of the Land Use Element and Zoning Ordinance.
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 9.04.08.16.020 of Article IX of the Santa Monica Municipal
Code is amended to read as follows:
Section 9.04.08.16.020 Permitted Uses.
The following convenience goods and service type uses shall be
permitted in the C2 district, if conducted within an enclosed building, except
where otherwise permitted:
i (a) Appliance stores.
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(b) Appliance repair shops.
(c) Art galleries.
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(d) Artist studios above the first floor.
(e) Branch offices of banks or savings and loan institutions.
(f) Barber or beauty shops.
(g) Child day care centers.
(h) Cinema buildings in existence since May 23,2000.
(i) Cleaners.
U) Congregate housing.
(k) 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 Pico Boulevard.
(m) General retail and specialized retail uses.
(n) Homeless shelters with less than fifty-five beds.
(0) Laundromats.
(p) Libraries.
(q) Multifamily dwelling units.
(r) Offices and meeting rooms for charitable, youth, and welfare
organizations.
(s) Photocopy shops.
(t) Places of worship.
(u) Plant nurseries (provided all supplies, except planted stock,
are kept entirely within an enclosed building).
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(v) 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.
(aa Single-family dwelling units.
(bb) Single-room occupancy housing.
(cc) Specialty offices.
(dd) Tailors.
(ee) Theaters with fewer than seventy-five seats.
(ff) Transitional housing.
(gg) 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.
(hh) 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.
SECTION 2. Section 9.04.08.16.050 of Article IX of the Santa Monica Municipal
Code is amended to read as follows:
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9.04.08.16.050 Prohibited uses.
(a) Cinemas, unless the cinema building has been in existence
since May 23, 2000.
(b) Drive-in and drive-through restaurants.
(c) Firearms dealerships.
(d) Parking structures located below the ground in conjunction with
commercial development, except for parking below grade exclusively for
residential uses.
(e) Rooftop parking.
(f) Any use not specifically authorized.
SECTION 3. Section 9.04.08.16.060 of Article IX of the Santa Monica Municipal
Code is 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
Santa Monica Municipal Code Part 9.04.10.04. The building must comply
with build-to-Iine requirements pursuant to the provisions contained in Santa
Monica Municipal Code Section 9.04.10.02.050.
(b) Maximum Building Height. Two stories, not to exceed thirty
feet.
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(c) Maximum Floor Area Ratio. The maximum floor area ratio
shall be determined as follows:
(1 ) C2 District on Montana Avenue:
FAR if at Least
Thirty Percent of
Project is
Residential
Parcel Square Footage FAR
0-7,500 0.60 0.75
7,501 -15,000 0.40 0.75
5,001 - 22,500 0.35 0.65
22,501 and up 0.25 0.55
(2) C2 District on Ocean Park Boulevard:
FAR if at Least Thirty Percent of
Project is Residential, or if at
Least Eighty Percent of the
project is a Grocery Store
Parcel Square Footage FAR
0-7,500 0.75 0.75
7,501 - 15,000 0.50 0.75
5,001 - 22,500 0.45 0.65
22,501 and up 0.40 0.55
(3) C2 District on Pico Boulevard:
FAR if at Least Thirty Percent of
Project is Residential, or if at
Least Eighty Percent of the
project is a Grocery Store
Parcel Square Footage FAR
0-7,500 1.0 1.0
7,501 - 15,000 0.70 1.0
5,001 - 22,500 0.60 0.85
22,501 and up 0.50 0.75
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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 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:
10
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 eleven thousand square feet of
floor area, except that within the C2 District on Montana Avenue, a
Development Review Permit shall be required for any development of more
than 5,000 square feet. Square footage devoted to residential use shall be
reduced by fifty percent when calculating whether a development review
permit is required.
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SECTION 4. Ordinance No. 2088 (CCS) and any extension thereof shall apply to
the Montana Avenue commercial district.
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.
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 same 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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Approved and adopted this 3rd day of August, 2004.
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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. 2133 (C~S) had its introduction on July 27, 2004, and was
adopted at the Santa Monica City Council meeting held on August 3, 2004, by the
following vote:
Ayes: Council members: Mayor Bloom, Mayor Pro Tem McKeown, Katz,
Holbrook, Genser, Feinstein
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: O'Connor
ATTEST:
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Maria M. Stewart, City lerk
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