O2182
f:\atty\munNaws\barry\transpreserveord2d-1.doc
City Council Meeting 4-25-06 Santa Monica, California
ORDINANCE NUMBER 2182 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCil OF THE CITY OF
SANTA MONICA ADDING PART 9.04.08.37 TO THE SANTA MONICA MUNICIPAL
CODE TO ESTABLISH A TRANSPORTATION PRESERVATION DISTRICT AND
ADDING SECTIONS 9.04.12.110,9.04.12.160, AND 9.04.12.170 TO THE SANTA
MONICA MUNICIPAL CODE TO ESTABLISH PERFORMANCE STANDARDS FOR
SURFACE PARKING lOTS, FilM AND VIDEO PRODUCTION, AND COMMERCIAL
NUSERIES AUTHORIZED IN THE TRANSPORTATION PRESERVATION DISTRICT
WHEREAS, the Exposition rail right-of-way (ROW) is owned by the los Angeles
County Metropolitan Transportation Authority (Metro) and extends from Downtown Los
Angeles to Santa Monica; and
WHEREAS, within Santa Monica, the ROW is a 1.3-mile corridor that runs
between Centinela Avenue and 1 ih Street and is generally between 50 to 100 feet
wide; and
WHEREAS, land Use and Circulation Element Policy 1.11.3 encourages the
retention of the ROW as open space and also permits its use for transportation
purposes; and
WHEREAS, land Use and Circulation Element Policy 4.1.8 provides that the
ROW shall be reserved for new alternate transportation facilities and that land uses
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which would preclude the timely development of transportation facilities shall be
prohibited; and
WHEREAS, depending on the location, the ROW is currently zoned light
Manufacturing and Studio District (lMSD) and Industrial Conservation District (M1); and
WHEREAS, these districts require that a conditional use permit be obtained for
any use of the ROW for other than transportation purposes; and
WHEREAS, the proposed district would protect the ROW for long term public
transportation uses including light rail and bike/pedestrian paths, while expediting the
approval process for limited temporary uses such as non-code required parking and
filming production; and
WHEREAS, this proposed amendment would not authorize or prohibit any uses
that are not already authorized or prohibited under current zoning; and
WHEREAS, on February 14, 2006, the City Council adopted a Resolution of
Intention directing the Planning Commission to initiate the amendment process; and
WHEREAS, the Planning Commission held a public hearing on the proposed text
amendment and accompanying Negative Declaration on March 1, 2006; and
WHEREAS, the Planning Commission unanimously recommended that the City
Council adopt the Final Negative Declaration and the proposed text amendment with
modification; and
WHEREAS, the City Council held a public hearing on this proposed Zoning
Ordinance Text Amendment on April 11 , 2006; and
WHEREAS, the proposed amendment is consistent with the goals, objectives,
policies, land uses and programs specified in the adopted General Plan, specifically:
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land Use and Circulation Element Policy 1.11.3, which encourages the retention of the
Southern Pacific [Exposition Branch] ROW as open space and also permit its use for
transportation purposes, in that the amendment includes both open space and public
transportation as allowed permanent uses and protects the ROW from other types of
permanent development; Policy 4.1.8, which states that right-of-way for new alternative
transportation facilities shall be reserved and land uses that would preclude the timely
development of transportation facilities shall be prohibited, in that the amendment
includes provisions for timely removal of temporary uses and protects the ROW from
other types of permanent development; Policy 4.6.3, which encourages the
implementation of a Class I bicycle route and pedestrian trail along the Southern Pacific
Railroad (Metro) right-of-way corridor as long as it does not conflict with a rail line, in
that the amendment protects the use of the right-of-way for public transportation
projects including a bicycle and pedestrian path; Open Space Element Objective 2,
which encourages expansion of the open space system through the use of public
properties, in that the amendment includes open space as an allowed permanent use
and protects the ROW from other types of permanent development; Open Space
Element Objective 4, which encourages the establishment of a citywide system of
pathways and linear open spaces, in that the amendment includes open space and
public transportation (including non-motorized transportation) as allowed permanent
uses and protects the ROW from other types of permanent development; and Policy
4.3, which encourages enhancement of the MTA corridor as a bicycle lane and linear
open space, in that the amendment includes open space and public transportation
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(including non-motorized transportation) as allowed permanent uses and protects the
ROW from other types of permanent development; and
WHEREAS, the public health, safety, and general welfare require the adoption of
the proposed amendment, in that the amendment would provide a mechanism for the
ROW to be used on a temporary basis, while p reserving it for public transportation uses
as the primary use; the amendment provides restrictive development standards to
ensure that uses can be removed within a 180-day period to allow the use of the ROW
for transportation purposes; and the amendment ensures compatibility with the
surrounding area by prohibiting visually intrusive uses such as vehicle impound yards or
building materials storage yards,
NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOllOWS:
SECTION 1. Part 9.04.08.37 is hereby added to the Santa Monica Municipal
Code to read as follows:
Part 9.04.08.37 TP Transportation Preservation
District
Section 9.04.08.37.010. Purpose.
The TP District is intended to preserve the los
Angeles County Metropolitan Transportation Authority
(METRO) Exposition Branch right-of-way for transportation-
related uses. The District may allow temporary non-transit
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uses and limited site improvements, but require all non-
transit uses and improvements to be removed at such time
as the right-of-way is needed for public transportation-related
uses. Consistent with the goals, objectives, and policies of
the General Plan, no permanent non-transportation-related
structures or other long-term improvements are permitted.
Section 9.04.08.37.020. Permitted Uses.
The following uses shall be permitted in TP District
(a) Public Transportation.
(b) Open space and landscaping.
(c) Public parks and recreation.
Section 9.04.08.37.030. Uses subject to
Performance Standards Permit.
The following uses may be permitted in the TP District
subject to the approval of a Performance Standards Permit
and compliance with applicable standards of Section
9.04.12. The uses approved pursuant to this section shall
only be authorized during such time as the right-of-way is not
required for transportation uses. All interfering non-
transportation uses shall cease operation and all non-
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transportation improvements shall be removed from the
right-of-way within one hundred and eighty (180) of receiving
notice from the City.
(a) Surplus parking for businesses that currently
meet oft-street parking requirements.
(b) Film or video production uses and associated
non-permanent structures, including temporary sets.
(c) Commercial nurseries.
Section 9.04.08.37.040. Prohibited uses.
Except for those uses identified in Sections
9.04.08.37.020 and 9.04.08.37.030, the following uses shall
be prohibited:
(a) Structures on permanent foundations not
associated with a permitted use.
(b) Permanent site improvements such as
buildings or walls not associated with a permitted use.
(c) Vehicle impound or junk yard.
(d) Building material storage.
(e) Required parking for an oft-site use.
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(f) Any use not specifically authorized above.
Section 9.04.08.37.050. Property development
standards.
All property in the Transportation Preservation District
shall be developed in accordance with the following
standards:
(a) Maximum building height. The maximum building
height shall not exceed 45 feet. H efght in the Transportation
Preservation District shall be measured from an imaginary
line extending between the midpoints of the front property
lines at the sidewalk level of the through parcels.
(b) Floor Area Ratio. The maximum floor area ratio
shall be 1.0.
(c) landscaping and screening. All areas not needed
or used for transit facilities or rights-of-ways should be
landscaped. All landscaping plans shall be reviewed and
approved by the Architectural Review Board (ARB).
(d) Lighting. Lighting shall be screened from the view
of residentially zoned or used properties pursuant to the
provisions of Section 9.04.10.02.270.
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(e) Parking and vehicle access. Vehicle access,
circulation and passenger loading zones shall be designed
to minimize traftic congestion and hazards, and provide
accessible, attractive and maintainable parking facilities
while minimizing the number and size of driveway curb cuts
as determined by the Transportation Planning Manager. The
required number of parking spaces specified in Section
9.04.10.08.040 shall be provided. A parking demand
analysis may be required if it is deemed necessary by the
Transportation Planning Manager and the Zoning
Administrator. The analysis shall be paid for by the
developer. In the event the analysis shows parking
requirements greater than required by Section
9.04.10.08.040, the Transportation Planning Manager and
Zoning Administrator shall require such additional parking as
is determined by the analysis. Parking shall be designed
pursuant to Section 9.04.10.08.060.
Section 9.04.08.37.060. Legal Nonconforming
buildings and uses.
A building which lawfully existed on the eftective date
of Ordinance Number 2182 (CCS) but which does not
comply with one or more of the property development
standards for the Transportation Preservation District may
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be maintained in accordance with Section 9.04.18.020
Uses and permanent structures that were lawfully
established before the eftective date of this Ordinance and
that are not in conformance with the provisions of this Part
shall be discontinued and removed, or be altered to
conform to the requirements of this Part within five years of
the eftective date of Ordinance Number 2182 (CCS), or at
such time as the right-of-way is required for a transportation-
related use, whichever time period is longer. Temporary
structures without permanent foundations shall be
discontinued and removed, or be altered to conform to the
requirements of this Part at such time that the right-of-way is
required for a transportation-related use.
Section 9.04.08.37.070. Architectural Review.
Any development of the right-of-way shall be subject
to architectural review pursuant to the provisions of Chapter
9.32 of this Article.
SECTION 2. Section 9.04.12.110 is hereby added to the Santa Monica
Municipal Code to read as follows:
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Section 9.04.12.110. Surface parking lots used for
non-required automobile parkin g in the TP District.
The purpose of this Section is to ensure that surface
parking lots used for vehicle parking will not adversely
impact the environment of nearby industrial, commercial and
residential uses, and that any non-transit uses and
improvements are removed if non-transit uses interfere with
the development of the right-of-way when needed for public
transit use.
(a) Applicability. The following performance
standards shall apply to surface parking lots used for non-
required vehicle parking. Interfering vehicle parking uses
shall be removed from the transportation right-of-way within
one hundred and eighty (180) days of receiving notice from
the City that the property is required for public transportation
uses.
(b) Maximum Height. The finished grade of surface
parking lots shall not exceed eighteen inches in height as
measured from an imaginary line extending between the
midpoints of the front property lines at the sidewalk level of
the through parcels.
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.
(c) Parking and vehicle access. The parking design
and vehicle access shall be subject to the review and
approval of the Transportation Pia nning Manager to
minimize traftic congestion and hazards and provide
accessibility.
(d) Fences. Fences shall conform to the provisions
of Sections 9.04.10.02.080 and 9.04.10.02.090.
(e) Lighting. Any lighting shall be provided pursuant to
the provisions of Section 9.04.10.02.270.
(f) Surfacing. Driveways, d rive aisles and parking
spaces shall be surfaced with a materials approved by the
Transportation Management Division which shall minimize
noise and shall not create airborne particulates. The
surfacing design, installation and materials used shall
prevent contaminants from entering the storm drain system,
or allow the surfacing material or dirt from being carried on
vehicle tires onto adjacent public streets. The City
encourages pervious surfaces to reduce urban runoft.
(g) Storage. No overnight parking or storage of
vehicles, or equipment, or materials is permitted.
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(h) Property Maintenance. The property shall be
maintained free of trash, debris, or junk materials.
Hardscape areas shall be swept at least once a month to
minimize airborne particulates and runoft pollution.
SECTION 3. Section 9.04.12.160 is hereby added to the Santa Monica
Municipal Code to read as follows:
Section 9.04.12.160. Film and video production in
the TP District.
The purpose of this Section is to allow for film and
video production activities to take place on the transportation
right-of-way while ensuring that adjacent and nearby
industrial, commercial, and residential uses are not
negatively impacted, and that any non-transit uses and
improvements are removed when the right-of-way is needed
for public transit use.
(a) Applicability. The following performance
standards shall apply to all film and video production
activities conducted on the right-of-way. All uses and
improvements shall be removed from the right-of-way within
one hundred and eighty (180) days of receiving notice from
either the property owner or the City that the property is
needed for public transportation uses.
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(b) Hours of operation. All production activities,
including set construction and preparation, delivery and
loading/unloading of equipment, trailer delivery and set up,
and rehearsals shall comply with Resolution Number 8140
(CCS), regulating Pictures for Commercial Purposes, and
any successor resolution as may be adopted by the City
Council from time to time.
(c) Noise. No production activities shall exceed the
maximum noise thresholds established in the City's Noise
Ordinance (Section 4.2).
(d) Permitted structures and enclosures. No
permanent structures shall be constructed on the
transportation right-of-way. Existing structures may be used
for film production uses but may not be expanded.
Temporary structures without permanent foundations, such
as fences or landscaping for exterior sets and backdrops,
tents, scaftolding for lighting or camera placement and
trailers may be permitted. No structure shall exceed 30 feet
in height.
(e) Parking. A Performance Standards Permit shall
be denied unless the applicant demonstrates to the
satisfaction of the Transportation Planning Manager that
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sufticient parking and/or alternative means of transporting
production crewmembers to and from the site will be
provided so limited public parking resources will not be
adversely impacted. All parking located on the right-of-way
shall be improved and used in conformance with the
standards specified in Section 9.04.12.110.
(f) Property Maintenance. The property shall be
maintained free of trash, debris, or junk materials.
Hardscape areas shall be swept at least once a month to
minimize airborne particulates and runoft pollution.
SECTION 4. Section 9.04.12.170 is hereby added to the Santa Monica
Municipal Code to read as follows:
Section 9.04.12.170. Commercial Nurseries in the
TP District.
The purpose of this Section is to allow for commercial
nurseries to operate on the transportation right-of-way while
ensuring that adjacent and nearby industrial, commercial,
and residential uses are not negatively impacted, and that
the non-transit uses and improvements are removed when
the right-of-way is needed for publ ic transit use.
(a) Applicability. The following performance
standards shall apply to all commercial nursery activities
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conducted on the transportation right-of-way. All commercial
nursery uses shall be removed from the right-of-way within
one hundred and eighty (180) days of receiving notice from
either the property owner or the City that the property is
needed for public transportation uses.
(b) Noise. No activities shall exceed the maximum
noise thresholds established in the City's Noise Ordinance
(Section 4.2).
(c) Permitted structures. No permanent structures
may be constructed on the transportation right-of-way.
Existing structures may be used for commercial nursery
purposes but may not be expanded. Temporary structures
without permanent foundations may be permitted. No
structure shall exceed 30 feet in height.
(d) Fences. Fences shall conform to the provisions of
Sections 9.04.10.02.080 and 9.04.10.02.090.
(e) Storage of Materials. All plants shall be kept in
moveable pots or containers, no plants shall be planted
directly in the ground except pursuant to a landscape plan
approved by the Architectural Review Board. All other
nursery materials and equipment shall be screened from
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public view by a minimum five foot tall fence or potted hedge
or shall be stored in an enclosed structure.
(f) Property Maintenance. The property shall be
maintained free of trash, debris, or junk materials.
Hardscape areas shall be swept at least once a month to
minimize airborne particulates and runoft pollution.
(g) Parking. Parking requirements, vehicle access
and parking space design shall be subject to the review and
approval of the Transportation Planning Manager to
minimize traftic congestion and hazards and provide
accessibility.
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 eftect 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 aftect 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.
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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
ofticial newspaper within 15 days after its adoption. This Ordinance shall become
eftective 30 days from its adoption.
APPROVED AS TO FORM:
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Approved and adopted this 25th day of April, 2006.
~~
Robert 1. Holbrook, 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. 2182 (CCS) had its introduction on April 11 ,2006, and was
adopted at the Santa Monica City Council meeting held on April 25, 2006, by the
following vote:
Ayes: Council members: Bloom, Genser, McKeown, O'Connor
Mayor Pro Tem Shriver, Mayor Holbrook
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: Katz
ATTEST:
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