CITY OF SANTA MONICA
CITY COUNCIL MINUTES
APRIL 5, 1988
A special meeting of the Santa Monica City Council was called to
order by Mayor Conn at 6:24 p.m., on Tuesday, April 5, 1988, in
the Council Chambers.
Roll Call: Present:
Also Present:
Item 2 was considered
Mayor James P. Conn
Mayor Pro Tempore Herbert Katz
Councilmember David B. Finkel
Councilmember William H. Jennings
Councilmember Alan S. Katz
councilmember Christine E. Reed
Councilmember Dennis Zane
City Manager John Jalili
Assistant City Attorney Joseph Lawrence
Deputy City Attorney Laurie Lieberman
Acting City Clerk Donna R. Betancourt
prior to Item 1.
2. SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT: Presented was
the request of Councilmember Reed to discuss support for SB 2285
regarding the South Coast Air Quality Management District.
Councilmember Reed opened discussion and moved to support SB 2285
and direct staff to immediately communicate that support to
Senator Presley and to the committees that will be hearing the
bill. Second by Councilmember Finkel. The motion was
unanimously approved.
1. DRAFT ZONING ORDINANCE: Presented was the matter of Council
direction to staff on the Draft Zoning Ordinance. Mayor Conn
reminded Council that there is a motion on the floor to direct
staff, with the following changes (in addition to those made at
the Council meetings of March 5 and March 8, 1988), to come back
with a zoning ordinance.
(All page references are to the Fourth Draft of the Santa Monica
zoning ordinance, dated November 1987.)
Councilmember Reed moved (p. 48) to direct staff to include
language in all the multiple zone residential sections to
reference the density bonus for low- and moderate-income units as
provided for in the State law. Second by Mayor Pro Tempore H.
Katz. The motion was unanimously approved.
Councilmember Zane moved (p. 51) to not exempt the construction
of single-family homes in multiple-family districts from
Architectural Review Board review. Second by Councilmember
Finkel. Discussion was held. Councilmember Jennings opposed.
The motion was approved.
Regarding Maximum Unit Density, Councilmember Reed moved (p. 55) to
direct staff to include appropriate language to indicate that the
standard applies only for parcels with existing dwelling units on
them, and shall not be applied to vacant parcels of less than 4,000
square feet. Second by Mayor Pro Tempore H. Katz. During discussion,
it was clarified that only existing single-family residences would be
allowed on parcels of less than 4,000 square feet; vacant parcels of
less than 4,000 square feet would have to stay vacant. The motion was
unanimously approved.
Regarding conversion of residential units in R4 areas to hotel use,
particularly in the area between Fourth Court and First Court,
between Wilshire and Montana, Councilmember Zane moved (p. 56) to
direct staff to evaluate that area for the problems associated with
the conversion of existing residential units to transient occupancy
uses such as hotels and to report to Council on the prevalency of the
problem in that district. Second by Councilmember A. Katz. During
discussion, the motion was clarified as direction to staff to
evaluate the extent to which the problem exists in this area and
bring back some options as to how best to preclude this type of
conversion. The motion was unanimously approved.
Regarding municipal and off-site parking structures in conjunction
with hotel development in the R4 zone, Councilmember Zane moved (p.
58) to delete subsection (f) under Section 9014.4 from the Zoning
Code and ask staff to present the matter to council as a separate
discussion item between now and the adoption of the Zoning Code for a
separate review. Second by Councilmember Finkel. Discussion was held.
The motion was unanimously approved.
Councilmember Zane moved to direct staff to revise the text of the
Purpose section for all the commercial districts to reflect the
actions that Council has taken. Second by Mayor Pro Tempore H. Katz.
The motion was unanimously approved.
Councilmember Reed moved that throughout the document uses should be
alphabetized by principal name rather than by adjective. The motion
was duly seconded and unanimously approved.
Councilmember Zane moved that for all commercial zones, the site
review threshold be based upon a two lot standard, rounding down to
the nearest thousand square feet. Second by Councilmember Finkel.
Discussion was held. The motion was approved, Councilmembers Jennings
and Reed opposed.
Mayor Pro Tempore H. Katz moved that wherever mezzanine or 1/3
percent of the first floor relating to mezzanine is mentioned, it
conform to the latest adopted edition of the Uniform Building Code.
Second by Councilmember Reed. The motion was unanimously approved.
For the C3 Downtown Commercial District Councilmember Zane moved (p.
81) to make convention and conference facilities permitted by
conditional use permit. Second by Mayor Pro Tempore H. Katz. The maker
and second amended the motion to direct staff to bring ,back an
appropriate definition for 'small-scale' facilities with respect to
conferences. The motion was unanimously approved.
For the C3-C Downtown Overlay District, Councilmember Reed moved (p.
87) to add as a permitted use art studios above the first floor.
Second by Mayor Pro Tempore H. Katz. The motion was unanimously
approved.
Councilmember Reed moved (p. 88) to restore and define cultural
facilities as a permitted use. Second by Councilmember A. Katz. The
motion was unanimously approved.
Councilmember Reed moved (89) to restore convention and conference
facilities as a conditionally permitted use. Second by Mayor Pro
Tempore H. Katz. The motion was unanimously approved.
Councilmember Reed moved (p. 90) to put nightclubs under the
conditionally permitted use section. Second by Mayor Pro Tempore H.
Katz. The motion was unanimously approved.
Mayor Pro Tempore H. Katz moved (p. 90) to add drive-in and drive-
through restaurants under prohibited uses. Second by Councilmember A.
Katz. The motion was unanimously approved.
For the C4 Highway Commercial District, Councilmember Reed moved (p.
92) to add as a permitted use art studies above the first floor.
Second by Councilmember Finkel. The motion was unanimously approved.
Councilmember Reed moved (p. 92) that automobile dealerships for new
automobiles be in the permitted use section (moving it from the
subject to performance standards section). Discussion was held. The
motion failed for lack of a second.
For C4 Highway Commercial District, Councilmember Zane moved (p. 92)
that restaurants be added to the conditional use permit category.
During discussion, the motion was amended to put restaurants with 50
seats or less under permitted use, and restaurants with more than 50
seats under conditionally permitted uses. Second by Councilmember
Reed. The motion was unanimously approved.
Councilmember Jennings moved (p. 95) to move service stations from
conditionally permitted uses to uses subject to performance
standards. Second by Councilmember Reed. Discussion was held. The
motion was unanimously approved.
Councilmember Reed moved (p. 94) that automobile parking lots and
garages be placed in the performance standards section. Second
by Mayor Pro Tempore H. Katz. Discussion was held.
Councilmember Jennings moved a substitute motion to create a new
category under Section 9020.3 for automobile storage lots and
leave the other kinds of parking lots and garages as
conditionally permitted uses. With no objection from the
second, the maker accepted this as a substitute to the main
motion. .Discussion was held. The motion failed.
During discussion, it was clarified that Councilmember Zane's
earlier motion regarding the two lot standard as the threshold
for requiring a site review supersedes the motion passed on
March 8, 1988 for the C4 zone (pp. 19-20 of the minutes for
that date) and provides a standard formula for all commercial
zones.
For the C5 Special Office Commercial District, Councilmember
Reed moved (p. 101) to include service stations as uses
subject to performance standards and delete them from the
conditionally permitted use section. Second by Mayor Pro
Tempore H. Katz. The motion was unanimously approved.
Councilmember Reed moved (p. 102) to permit no more than 25
percent of the total square footage of a development to
contain the uses called out as incidental businesses in
subsection (c) of Section 9021.4. Second by Mayor Pro Tempore
H. Katz. During discussion, the maker and second amended the
motion to include adding 'reproduction' to subsection (c) (4),
and adding a new subsection to include 'retail serving
businesses.' The motion was approved, Councilmember A. Katz
opposed.
Councilmember Reed moved (p. 103) to add to the prohibited
uses, drive-in and drive-through restaurants. The motion was
duly seconded and unanimously approved.
For the C6 Boulevard commercial District, Councilmember Reed
moved (p. 106) to add art studios above the ground floor as a
permitted use. Second by Councilmember Finkel. The motion was
unanimously approved.
Councilmember Zane moved (p. 106) to restore cultural
facilities as a permitted use. Second by Councilmember A.
Katz. The motion was unanimously approved.
Regarding the categories that have been deleted under
permitted uses on pp. 106-107 and are to be reincluded by
reference to some general category of retail, Councilmember
Zane moved that when staff makes such a category in the
definitions, they should include these uses within that
category's definition. Second by Mayor Pro Tempore H. Katz.
The motion was unanimously approved.
Councilmember Reed moved (p. 108) to allow existing automobile
dealerships to have small renovations (less than 50 percent
expansion or replacement of existing square footage) under
performance standards permits (over 50 percent would stay
under conditionally permitted uses). The motion failed for
lack of a second. Mayor Pro Tempore H. Katz moved the same
motion, substituting 25 percent for 50 percent expansion.
Second by Councilmember Reed. Discussion was held.
Councilmember Zane moved a substitute motion to direct staff
to evaluate and advise
Council if there is a renovation expansion threshold beneath which a
CUP is not necessary because there is no significant additional
incursions created by the project. Mayor Pro Tempore H. Katz withdrew
his motion and seconded Councilmember Zane's. The motion was
unanimously approved.
Councilmember A. Katz moved (p. 108) that replacement or renovation of
existing new and used automobile dealerships or lots be eliminated
from the conditionally permitted uses and moved to performance
standards. Second by Councilmember Reed. .Discussion was held. With no
objection from the second, the maker of the motion incorporated
Council-member Finkel's suggestion that staff define 'renovation' and
'replacement.'
Councilmember Zane moved a substitute motion to refer
this to staff along with the expansion issue (the prior motion).
Councilmember A. Katz accepted the substitute motion. The motion was
unanimously approved. Mayor Pro Tempore H. Katz requested that staff
also provide a definition of 'expansion.'
Under Councilmember Main Street Special Commercial District,
Councilmember Reed moved (p. 114) to include art studios above
the first floor as a permitted use. Second by Councilmember
Finkel. The motion was unanimously approved.
Councilmember Reed moved (p. 114) that line (b) (13) be adjusted to
indicate 'Ice cream stores (retail ice cream only, incidental seating
allowed)' with staff to define that better. At the suggestion of Mayor
Pro Tempore H. Katz, the maker amended the motion to read 'Ice
cream/yogurt/frozen desserts.' Second by Mayor Pro Tempore H. Katz.,
During discussion, the second was withdrawn. Mayor Pro Tempore H. Katz
moved to put 'Ice cream/yogurt/frozen dessert stores' in line (b)
(13). Second by councilmember Finkel. The motion was unanimously
approved. During discussion, it was clarified that the previous motion
did not address seating. Mayor Pro Tempore H. Katz moved that line (b)
(13) read 'retail ice cream only, no seating.' Second by Councilmember
Finkel. Upon further discussion, it was determined that Mayor Pro
Tempore H. Katz's motion that was voted on was to add yogurt and
frozen desserts to line (b) (13), and did not address the seating
requirement. Therefore,. the second motion was unnecessary and was
withdrawn.
Councilmember A. Katz moved (p. 116) to delete line (1) under Section
9023.5 and refer to the Main Street Committee along with incidental
seating for ice cream parlors. The motion was restated as instruction
to staff to seek input from those concerned with Main Street and
discuss this item and the possibility of incidental seating for
frozen dessert establishments. The motion failed for lack of a
second.
Discussion was held. Councilmember A. Katz moved to ask staff to
refer to organized groups focused on Main Street for their
recommendations concerning changes to the maximum floor area ratio.
Second by Mayor Pro Tempore H. Katz. The maker and second
incorporated into the motion Councilmember Zane's suggestion that a
recommendation the groups be asked to discuss
is proposed FARs of 1.0 for CM-2, 1.5 for CM-3, and 2.0 for CM-4.
During discussion, the City Manager suggested that the proposed FAR
numbers be deleted from the motion. The maker and second revised the
motion to withdraw the numbers. With the concurrence of the second,
the maker amended the motion to include for study the expansion of
seats in existing restaurants (line 1 on p. 116) as well as incidental
seating for frozen dessert establishments. The motion as amended was
unanimously approved.
Councilmember A. Katz moved to ask staff to ask the same groups
referred to in the previous motion to consider whether it is
appropriate to have residential uses count as one-half the FAR.
Second by Mayor Pro Tempore H. Katz. The motion was unanimously
approved.
Councilmember Zane withdrew from the discussion and vote on all items
pertaining the the C-P Commercial Professional District due to a
potential conflict of interest, as a member of his family has a
professional connection there.
For the C-P Commercial Professional District, Mayor Pro Tempore H.
Katz moved (p. 128) that sanitariums, residential care facilities,
and nursing care facilities be defined and included as permitted
uses. Second by Councilmember Finkel. The motion was approved,
Councilmember Zane abstaining.
Councilmember Jennings moved (p. 128) to modify line (u) under
permitted uses to read 'Residential uses on the ground floor and
residential uses on upper floors if over a residential use on the
ground floor.' Second by Councilmember Finkel. During discussion, it
was suggested by Mayor Conn to delete 'on the ground floor' from line
(u) (making it read 'Residential uses')
and revise line (a) under performance
'Residential uses in a mixed-use project.,
standards to read
The restatement was
accepted by the maker and second of the motion. The motion was
approved, Councilmember Zane abstaining.
Mayor Pro Tempore H. Katz moved to direct staff to include a definition
for- senior group housing. Second by Councilmember A. Katz. The motion
was approved, Councilmember Zane abstaining.
Councilmember Zane returned to the dias.
For the CC Civic Center District, Councilmember Reed moved (p. 133)
to add parks to line (e). Second by Mayor Pro Tempore H. Katz. The
motion was unanimously approved.
Regarding the high school site, Councilmember Reed moved to direct
staff to do whatever is necessary to include the already permitted
proposed hotel site as part of the Civic Center District and that the
balance of the commercial property at the high school revert to R3.
Second by Mayor Pro Tempore H. Katz. The motion was clarified to
include that portion which is not now under a hotel and commercial
development permit (the athletic field) would revert to R3. The
motion was unanimously approved.
Councilmember Zane called out for clarification purposes that the FAR has been
reduced to 2. 0 for the Civic Center site, and that with respect to the part of this site
occupied by The RAND Corporation, fronting on ocean Avenue, Council asked staff to
study a 1.0 to 2.0 FAR range, so that in fact there are two FARs being studied, one for each
one side of Main Street. Councilmember Jennings clarified that the allowable FAR for the
portion of the Civic Center site fronting on Pico is 2.0.
Councilmember Zane moved (p. 135) to direct staff to develop a comparable formula for a
site review threshold in the Civic Center district. Second by Councilmember A. Katz. The
motion was unanimously approved.
Councilmember Zane moved (p. 134) to delete automobile rental and leasing agencies as
uses subject to performance standards. Second by Councilmember Reed. The motion was
unanimously approved.
Councilmember Finkel moved (p. 134) to delete hotels from line (b) under conditionally
permitted uses. Second by Mayor Pro Tempore H. Katz. Councilmember Jennings moved a
substitute motion to direct staff to combine lines (a) and (b) into one category and allow
them to decide how it should be stated. Second by Councilmember A. Katz. During
discussion, the second .was withdrawn. The main motion was unanimously approved.
For the M1 Industrial conservation District, Councilmember Reed moved (p. 137) in
subsection (a) to change 30% to 25%. Second by Mayor Pro Tempore H. Katz. The motion
was unanimously approved.
Councilmember Reed moved (p. 137) to include the painting of
automobiles as a permitted use in subsection (b). Second by Mayor Pro Tempore H. Katz.
The motion was unanimously approved.
Councilmember Reed moved (p. 137) to include artist studios as a permitted use any place,
including on the first floor. Second by Councilmember Finkel. The motion was
unanimously approved.
Mayor Pro Tempore H. Katz moved (p. 136) to direct staff to either include a definition for
'incubator' or delete it. The motion was duly seconded and unanimously approved.
Councilmember Zane moved (p. 139) to include under permitted uses, offices for
architectual and design professionals and artist studios. Second by Mayor Pro Tempore H.
Katz. The motion was unanimously approved.
During discussion, it was noted that subsection (a) under Section 9030.4 should be deleted
as it is inconsistent with action that Council has taken.
Councilmember Jennings moved (p. 140) to delete subsection (g), self storage or public
mini-warehouses. Second by Councilmember A. Katz. During discussion, the second was
withdrawn.
Mayor Pro Tempore H. Katz moved (p. 140) to delete 'wholesale' from
subsection (h) and define 'warehouse.' Second by Councilmember A.
Katz. The motion was unanimously approved.
Under the PL Public Lands District, Mayor Pro Tempore H. Katz moved
(p. 147) to direct staff to check the 1,500 pound capacity provision
included in subsection (b) under Section 9032.3. Second by
Councilmember Finkel. The motion was unanimously approved. Under the
same subsection, Councilmember Reed moved to reduce the time period
to 24 hours. Second by Councilmember Jennings. Mayor Pro Tempore H.
Katz moved a substitute motion to change the provision to 24 hours
except weekends. Second by Councilmember Finkel. During discussion,
the maker and second withdrew the substitute motion. The main motion
was approved, Councilmember Finkel opposed.
Mayor Pro Tempore H. Katz noted (p. 148) the subsection (a) of
Section 9032.5 also contains the 1,500 pound capacity referred to in
the prior motion.
For the N Neighborhood Commercial Overlay District, Councilmember
Reed moved (p. 153) to add art studios above the first floor as a
permitted use. Second by Councilmember Finkel. The motion was
unanimously approved.
Councilmember Reed moved (p. 154) to reverse the order of subsections
(q) and (r) . Second by Mayor Pro Tempore H. Katz. The motion was
unanimously approved.
Mayor Pro Tempore H. Katz moved to direct staff to define 'specialty
retail.' Second by Mayor Conn. The motion was unanimously approved.
Under Project Design and Development Standards, Councilmember Reed
moved (p. 156) under subsection (a) of Section 9040.3 to delete the
second sentence. Second by Councilmember Zane. Mayor Pro Tempore H.
Katz moved a substitute motion to direct staff to look at the County
and City of Los Angeles for their definition of average natural
grade. The substitute motion died for lack of a-second. The main
motion was unanimously approved.
Councilmember Jennings moved (p. 157) under subsection (3)(d) to
strike the word 'not.' The motion was duly seconded and unanimously
approved.
Mayor Pro Tempore H. Katz moved (p. 158) to allow landscaping and to
redefine the build-to-line so it doesn't mean build to, it means an
averaging with a minimum amount of landscaping of 5 feet. Second by
Councilmember Finkel. The motion was unanimously approved. Mayor Pro
Tempore H. Katz, with the concurrence of Council, gave further
direction to staff that in Section 9040.5, line 5 should read 11 ...
shall extend to the front.... 11
Councilmember Jennings moved (p. 158) to insert 'or' in line 3 so that it reads 11 ... above 2
stores or 30 feet.... 11 Second by Mayor Pro Tempore H. Katz. The motion was unanimously
approved.
Mayor Pro Tempore H. Katz moved (p. 160) to amend subsection (a) to provide for an eight
foot wall for public right-of-ways, including alleys. Second by Councilmember Reed. The
motion was unanimously approved.
Councilmember Reed moved (p. 160) to amend subsection (c) to read "Fence or wall height
shall be measured from the existing grade on the lowest side of the fence or wall, excepting
that when the wall is between residential and other higher uses, such as commercial or
manufacturing, the height shall be measured from the residential side of the wall... 11 During
discussion, the motion was amended to change 'residential side' to highest side., Second by
Mayor Pro Tempore H. Katz. The motion was unanimously approved.
Councilmember Reed moved (p. 160) in Section 9040.9 that one-story accessory buildings
shall be 14 feet. Staff advised their understanding is 10 foot with a flat roof, 14 feet with a
pitched roof. The maker amended the notion to so reflect, with direction to staff to advise
Council if an RV (recreational vehicle) does not fit within the 10 foot constants. Second
by Mayor Pro Tempore H. Katz. The motion was unanimously approved.
Mayor Pro Tempore H. Katz moved to direct staff to clarify where covered parking is
required to be a garage and where it is required to be a carport. Second by Councilmember
A. Katz. The motion was unanimously approved.
Councilmember A. Katz moved (p. 161) under subsection (a) of Section 9040.9 to delete
'along the entire street side of a corner parcel.' Second by Councilmember Zane. The
motion was unanimously approved.
Councilmember Reed moved (p. 161) under subsection (b) to change 14 feet' to 15
feet.' Second by Mayor Pro Tempore H. Katz. The motion was unanimously
approved.
Councilmember Reed moved (p. 162) that the standard in Section 9040.10 be changed to 14
feet. Second by Councilmember Zane. The motion was unanimously approved. (This change
should also be reflected in subsection (c) of this Section.)
Councilmember Reed moved (p. 163) that Section 9040.11 be moved to immediately
follow Section 9040.8. Second by Mayor Pro Tempore H. Katz. The motion was
unanimously approved.
Mayor Pro Tempore H. Katz moved (p. 163) under Hazardous Visual Obstructions to
reference that there is an ordinance in effect on this (ordinance No. 1171(CCS)) and to
incorporate that ordinance into the Zoning Ordinance so that it can be enforced. The motion
was duly seconded and approved, Councilmember Finkel abstaining.
Councilmember A. Katz moved, (pp. 163-164) under Section 9040.13 to
direct staff to develop a maximum height for the screening. Second by
Mayor Pro Tempore H. Katz. The maker accepted Mayor Pro Tempore H.
Katz's amendment to coordinate this with the existing screening
ordinance (ordinance No. 1105(CCS)). The motion was unanimously
approved.
Councilmember A. Katz moved (p. 164) under Section 9040.14 to delete
the word 'solid.' Second by Councilmember Jennings. The motion was
unanimously approved.
Councilmember A. Katz moved (p. 164) under Section 9040.15 to direct
staff to develop a standard for the minimum number of refuse cans for
mini-malls. During discussion, the motion was modified to require
that the Department of General Services' guidelines specifically
address the number of garbage cans per store or frontage in mini-
malls. Second by Councilmember Reed. The motion was unanimously approved.
Councilmember Zane moved (p. 164) under Section 9040.15 to direct
staff to bring back to Council language which reflects the discussion
in the 3rd Street Mall Specific Plan allowing for the consolidation
of trash into regional receptacles on a block-by-block basis. Second
by Mayor Pro Tempore H. Katz. Discussion was held. The motion was
unanimously approved.
Councilmember Reed moved (p. 166) under the third set of projections
in the chart that 11 ... canopy and that are raised... 11 be changed to 11
... canopy and that may be raised... 11 Second by Councilmember A.
Katz. The motion was unanimously approved.
Discussion was held regarding Section 9040.17 (p. 165). Councilmember
Jennings moved to modify the language to provide that the unexcavated
area is along both side property lines, not just one of them, so that
both residential sides are protected. The motion failed for lack of a
second.
Councilmember Reed moved (p. 167) under the last projection in the
chart under Section 9040.18 to require that all mechanical equipment
(air conditioning and spa/swimming pool) be enclosed for the purpose of
sound-proofing. Second by Mayor Pro Tempore H. Katz. During
discussion, with the concurrence of the second, the maker adjusted
the language of the motion to state the equipment must be enclosed -
in such a manner and be located in such a way that there is a minimum
sound impact on the adjacent neighbors. The motion was unanimously
approved.
Councilmember Reed moved (p. 172) under Section 9040.27 that staff be
directed to bring the outdoor lighting standards into conformance with the
Building Code. Second by Mayor Pro Tempore H. Katz. The motion was
approved.
Councilmember Zane moved (p. 173) to direct staff to revise
Section 9040.31 to eliminate unnecessary uses of bells, gongs, etc.,
even when below the 45 decibel standard. Second by Councilmember
Reed. The motion was restated that the language
should permit such uses only where it is demonstrated that
alternative technology cannot provide the same function without the
noise, and the burden is ' on the developers to provide the evidence
that they cannot conform. The motion failed.
Councilmember Reed moved (p. 175) to add a section regarding the need
for increasing the front-yard setbacks on the walk-streets in the
community, the setbacks be 25 feet measured from the edges of the
sidewalks, with the street names included in the section (Copeland
Court, Arcadia Terrace, and Seaview Terrace) . Second by Mayor Pro
Tempore H. Katz. The motion -was unanimously approved.
Councilmember Jennings moved (p. 175) under Section 9040.35 to change
the second line from I ... only that parcel zoned... I to I ... only that
portion zoned ... Second by Mayor Conn. The motion was unanimously
approved.
For Landscaping Standards, Councilmember Reed moved (p. 176) under
Section 9041.2 to delete "Except" from line 9, thereby including RIA
parcels in ARB review. Second by Mayor Pro Tempore H. Katz.
Discussion was held. The motion was unanimously approved.
Mayor Pro Tempore H. Katz moved (p. 177) that subsection (b) of
Section 9041.6 be modified to include setbacks of 5 foot, with
averaging of 10 foot. Second by Councilmember Reed. The motion was
unanimously approved.
Councilmember A. Katz moved (p. 177) that subsection (c) be changed
to read 10 feet rather than 15 feet. Second by Mayor Pro Tempore H.
Katz. The motion was unanimously approved.
Mayor Pro Tempore H. Katz moved (p. 177) under subsection (a) of
Section 9041.7 that berming be included up to approximately 3 feet
wherever it abuts a public right-of-way. Second by Councilmember
Finkel. During . discussion, the motion. was clarified to apply to
surface parking lots throughout the city. The motion was unanimously
approved.
Mayor Pro Tempore H. Katz moved to include water conservation
language in the landscaping plan. Second by Councilmember A. Katz.
The motion was unanimously approved.
Discussion was held. Councilmember Zane moved to direct the City
Attorney to draft an Interim Zoning ordinance, which shall provide
that the standards adopted by the Council in its revision of the
Zoning Code, shall apply to all projects for which applications are
not substantially complete prior to April 15, 1988. In those cases
where the Council directed staff to review a range of heights and
FARs, the lowest standard under review shall apply. Projects deemed
substantially complete prior to April 15 shall be processed under the
standards and procedures in effect as of this date, April 5, 1988.
The City shall be free to approve or deny such projects in the same
manner in which it does so now, as of this date, April 5, 1988.
Projects which aredenied under those standards and procedures shall, if an
application is resubmitted, be processed under the proposed Interim Zoning
Code. Second by Councilmember Finkel. Discussion was held. Councilmember
Reed moved that Mr. Zane's motion be tabled and be removed from the
table upon completion of the voting on the Draft Ordinance. Second by
Councilmember Jennings. The motion failed. Discussion was held.
Councilmember A. Katz moved a substitute motion to direct staff to
draft an Interim Ordinance dealing with FARs and heights, to take
effect on April 15, 1988, and bring back to Council as soon as
possible. In addition, the ordinance should. provide all the
safeguards vis-a-vis hardship exemptions, etc., that were included in
the Ocean Park downzoning. The maker and second of the main motion
accepted this as a friendly amendment to the main motion.
Councilmember A. Katz moved an amendment to use a mid-range of FARS
and heights to be studied rather than the lowest range. Second by
Councilmember Reed. Discussion was held. Councilmember Finkel moved a
substitute motion to move forward with the motion in its form at the
lower levels of development. Upon determination that this is included
in the main motion, Mr. Finkel withdrew his motion. During
discussion, with concurrence of the second, the maker revised the
main motion to read "deemed complete," replacing "substantially
complete." The maker and second accepted as the intent of the main
motion staff's understanding that Ordinance No. 1321(CCS) will be
amended to include the FARs and the district boundaries as reflected
in Council actions as of March 8, using FARs in the Fourth Draft of
the Zoning ordinance as written unless amended on March 8.
The amendment failed by the following vote:
Council vote: Affirmative: Councilmembers Jennings, A. Katz,
Reed
Negative: Councilmembers Finkel, H. Katz, Zane
Mayor Conn
Discussion was held. Councilmember Finkel moved to extend the meeting
to 11:30 p.m. Second by Mayor Pro Tempore H. Katz. The motion was
approved by the following vote:
Council vote: Affirmative:
Negative:
Councilmembers Finkel, A. Katz,
H. Katz, Zane, Mayor Conn
Councilmembers Jennings and Reed
Discussion was held. Mayor Pro Tempore H. Katz moved an amendment to
the main motion to use April 29, 1988, as the date certain for the
Interim Ordinance. Second by Councilmember Reed. Discussion was held.
The amendment was approved by the following vote:
Council vote: Affirmative: Councilmembers Jennings, A.- Katz,
H. Katz, Reed
Negative: Councilmembers Finkel, Zane, Mayor
Conn
The main motion, as amended, was approved by the following vote:
Council vote: Unanimously approved 7-0
ADJOURNMENT: At 11:17 p.m., the meeting was adjourned to 6:00
P.M. on Tuesday, April 19, 1988.
ATTEST:
Donna R. Betancourt
Acting City Clerk
APPROVED:'
James P. Conn
Mayor
April 5, 1988