CITY OF SANTA MONICA

CITY COUNCIL MINUTES

APRIL 19, 1988

A meeting of the Santa Monica City Council was called to order by Mayor Conn at 6:27 p.m.,
on
Tuesday, April 19, 1988, in the Council Chambers, having been continued from April 5 and
April 12, 1988.

Roll Call: Present:

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

Also Present:

City Manager John Jalili
Assistant City Attorney Joseph Lawrence
Deputy City Attorney Laurie Lieberman
Acting City Clerk Donna R. Betancourt

Mayor Pro Tempore H. Katz moved to reverse the order of the agenda. Second by
Councilmember Reed. The motion was unanimously approved.

3. WITHDRAWAL OF RENT CONTROLLED UNITS:  Presented was the
request of Councilmember Finkel to discuss opposing SB 1784 regarding withdrawal of rent
controlledunits from the rental market. Councilmember Finkel opened discussion and moved that
council go on record as being opposed to Senate Bill 1784 and to instruct the Mayor to write
a letter to the members of the appropriate Committee, voicing Council's opposition to the
bill. Second by Councilmember Zane.
The motion was unanimously approved.

2. MINUTES APPROVAL: The City Council minutes of March 5 and March 8, 1988, were presented
for approval, continued from April 12, 1988. Councilmember Zane moved to approve the minutes,
incorporating the revisions as provided by the addendums of the City Clerk, adding that on
p. 18 of the minutes for March 8, and in all other references to "the Mall.," the minutes
should be changed to read the "Third Street Mall Specific Plan Zone." Discussion was held.
Second by Councilmember Reed. The motion was unanimously approved.

1. DRAFT ZONING ORDINANCE: Presented was the matter of Council direction to staff regarding
revisions to the Draft Zoning ordinance, continued from April 5, 1988.

[All page references are to the Fourth Draft of the Santa Monica Zoning Ordinance, dated
November 1987].

Regarding Subchapter 5D, Parabolic Antenna Regulations, Mayor
Conn moved (p. 183) to direct staff to rewrite this section to
comply with the opinion written by the City Attorney in
November 1987. Second by Mayor Pro Tempore H. Katz. The motion
was unanimously approved.

Councilmember Jennings moved (p. 194) to direct staff to change
"Family Day Care Homes" to "Child Day Care Centers." Second by
Councilmember Finkel. The motion was approved, Councilmember
Reed opposed.

Councilmember Zane moved (p. 202) to direct staff to develop
language that would prohibit the practice of assigning parking
spaces to individual uses within multi-use projects when the
total parking requirement is based upon a shared-use concept.
Second by Councilmember Reed. The maker accepted as friendly
an amendment by Councilmember Reed to include in the motion
allowing an exemption for handicapped spaces and car-pool
spaces should they ever be designated. The motion was
unanimously approved.

Councilmember Reed moved (p. 204) to direct staff to add a
section defining the parking access in the single-family zone
as being from the alley when there are alleys, and that a
variance opportunity exists for topographical reasons or other
hardship cases, except for corner lots, which may use the non-
front yard side of the property. Second by Mayor Pro Tempore
H. Katz. Discussion was held. The motion was unanimously
approved.

Mayor Pro Tempore H. Katz moved (p. 205) to refer the matter
of curb cuts to staff, and to hold the matter in abeyance
until staff has had an opportunity to provide a
recommendation. Second by Councilmember Reed. Discussion was
held. Councilmember A. Katz moved to amend the motion to
include direcil-direction toto staff to study the matter of
alley egress. The amendment was accepted as friendly by the
maker and second of the motion. Discussion was held. The
motion was unanimously approved.

Councilmember Zane moved (p. 205) to direct staff to study the
provision of curb cuts at corner parcels where there are left-
turn lanes, and make a recommendation as to whether they
should be prohibited entirely, be regulated, or continue the
current practice. Second by Councilmember Reed. Discussion was
held. The motion was unanimously approved.

Councilmember Reed moved (p. 206) under Section 9044.10 to add
a sentence reading, "In all cases where mature street trees
exist, permission is granted 'to the appropriate administrative
staff to reduce the driveway widths as necessary and
practicable to save the mature street trees." Second by Mayor
Pro Tempore H. Katz. The motion was unanimously approved.

Councilmember Jennings moved (pp. 207-208) to modify Section
9044.12 to include a provision for 'marking full-size parking
spaces as well as compact parking spaces. Second by Mayor Pro
Tempore H. Katz. The motion was approved by the following
vote:

Council vote:

Affirmative:
Councilmembers Finkel, Jennings, H.
Katz, Zane

Negative:
Councilmembers A. Katz, Reed, Mayor
Conn

Mayor Pro Tempore H. Katz moved (p. 208) under Section 9044.13 to
direct staff to provide a definition of Bumper Guards. Second by
Councilmember Reed. During discussion, the maker and second amended
the motion to incorporate Councilmember Finkel's suggestion to
require bumper guards where cars abut walls, or structures, and to
direct the Parking and Traffic Engineer to study the matter of
allowing them in open areas of parking lots or restricting them as a
possible safety hazard to pedestrians. The motion was unanimously
approved.

Mayor Pro Tempore H. Katz moved (p. 209) to direct staff to amend
Section 9044.18 to limit the requirement to the commercial and
industrial districts, not residential. Second by Councilmember Reed.
Discussion was held. The motion was unanimously approved.

Councilmember Zane moved (p. 211) under Section 9044.22 to direct the
City Attorney and the Planning staff to evaluate the advisability and
legal feasibility of a policy requiring that on-site parking in
commercial use be made available to the general public in the hours
in which the commercial property is not in active use. The motion was
duly seconded. Mayor Conn moved a substitute motion to make the
availability of the parking permissible, with the situation creating
where it will happen. Second by Councilmember Zane. The maker of the
substitute motion included Councilmember Zane's amendment to direct
staff to evaluate the implications and advisability of doing it on a
generalized basis, and establish general policies under which
circumstances it is applied. During discussion, Councilmember Zane
restated the motion as direction that the zoning code include language
to allow the City to establish as a condition of a development permit
the requirement that the developer's on-site parking be made
available to the general public in the non-operating hours of the
development, and in addition, staff will evaluate under what
circumstances that can be made a generalized condition of development
within the City and report back the advisability and the
circumstances of such policy. The motion was approved, Councilmember
Reed opposed.

For Subchapter 5G, Project Mitigation Measures, Mayor Pro Tempore H.
Katz moved (p. 216) to amend subsection 9046.2(b) to reduce the fee
for the remainder of the net rentable square footage from $5.00 to
$4.00 per square foot. Second by Councilmember Reed. Discussion was
held. Councilmember A. Katz moved a substitute motion to direct staff
to study all the development-related fees and to return to Council
with a package for proposed modifications. Second by Councilmember
Reed. During discussion, the motion was clarified to apply to in-lieu
fees, not processing fees. The motion was approved, Councilmember
Zane opposed.

Councilmember A. Katz moved (pp. 219-220) to instruct staff to
establish a base period for the inflation factor cited in the first
paragraph of p. 220 and for all other places in the document where it
is cited. Second by Councilmember Reed. The motion was unanimously
approved.

councilmember Reed moved (p. 224) to modify  subsection
9048.1(a)(2) to allow the demolition of residential buildings and
structures subject to an appropriate removal permit having been
issued by the Rent Control Board and subject to an approved plan
for fencing and maintenance of the property, and to delete the
existing requirement for an approved replacement project. Second
by Mayor Pro Tempore H. Katz. During discussion, with no
objection from the second, the maker amended the motion to
include that all requirements of the City be incorporated as
recorded against the deed of the property. Councilmember Zane
moved a substitute motion to refer the proposal to staff for
evaluation, especially in light of the Ellis Act legislation, and
to confer in the evaluation with the Rent Control Board, and to
provide Council, if possible, with a means to establish whether
this creates loopholes of vulnerability under the Ellis
legislation. Second by Councilmember Finkel. Discussion was
held. The motion was unanimously approved.

For Subchapter 51, Demolitions, Councilmember Reed moved (p. 224) to
modify subsection 9048.1(d) to delete "more than 50 years old" and
substitute "built prior to 1930.11 Second by Mayor Pro Tempore H.
Katz. The motion was unanimously approved.

For Subchapter 6, Performance Standards, Councilmember A. Katz moved
(p. 231) to modify subsection 9050.3(b) to strike the words "front or"
(thereby reading 11 ... shall not be located in required side yards").
Second by Councilmember Finkel. The motion was unanimously approved.

Councilmember Reed moved (p. 231) to modify subsection 9050.3(c) to
adjust the requirement for the solid wall so that a solid wall is not
required in the front yard or on any side yard on a corner .parcel ' so
that the solid walls are those between other parcels, usually
residential, and the Child Care Center, but that they are allowed to
have an open fence in the front yard and on the street-side yard.
Second by Mayor Pro Tempore H. 'Katz. Discussion was held. The motion
was unanimously approved.

Upon advisement by City Attorney staff that the California Health and
Safety Code does not govern outdoor play areas for child day care
homes, Councilmember Reed moved (p. 231) to modify subsection
9050.3(b) to delete the reference to the California Health and Safety
Code. Second by Mayor Conn. During discussion, with the consent of the
second, the, maker modified the motion to delete the reference to the
California Health and Safety Code, and to direct the City Attorney to
research whether there are applicable outdoor play area standards that
can be referenced in this paragraph. The motion was unanimously
approved.

Mayor Pro Tempore H. Katz moved (p. 233) to modify subsection 9050.4
(a) (1) to change 10 percent to 50 percent. Second by Councilmember
Reed. Discussion was held. Councilmember Zane moved a substitute
notion to modify subsections 9050.4 (a) (1) and 9050.4 (a) (3) that a
20 percent expansion of the auto dealerships be the standard by which
the requirement to meet other, kinds of performance standards is
triggered. The chair ruled that this has already been voted on, and
the whole debate is moot unless there is a motion to reconsider from
someone on the prevailing side (p. 26 of minutes of March 8, 1988,
meeting).

Councilmember A. Katz moved (p. 233) to modify Section 9050.4 to
include boat, trailer, and motorcycle dealerships under performance
standards. Second by Mayor Pro Tempore H. Katz. The motion. was
unanimously approved.

Councilmember Reed moved (p. 235) to refer subsection 9050.4(f) to
staff for clarification of the language regarding compliance with
"Article VII of this Chapter." Second by Mayor Pro Tempore H. Katz.
The motion was unanimously approved.

Councilmember Reed moved (p. 235) to modify subsection 9050.4 (g) (3)
to change "two months" to "one year." Second by Mayor Pro Tempore H.
Katz. The motion was unanimously approved.

Councilmember Reed moved (p. 235) to modify subsection 9050.4(g) (4)
to delete "on site" and replace with "on private property (on or off-
site)" and to indicate that shared facilities are acceptable for the
purpose of off-loading. Second by Mayor Pro Tempore H. Katz.
Discussion was held. The motion was unanimously approved.

Discussion was held. Mayor Pro Tempore H. Katz moved (p. 234) to
reconsider the question of parking requirements for auto dealerships.
Second by Councilmember A. Katz. The motion was unanimously approved.

Mayor Pro Tempore H. Katz moved (p. 234) to direct staff to return to
Council with a standard, or group of standards, for viable parking
requirements for auto dealerships, comparing Santa Monica to other
cities, and also addressing the possibility of an auto dealership
without service facilities, as well as a dealership with a
combination of service and display facilities. Second. by
Councilmember Zane. Discussion was held. The motion was unanimously
approved.

Councilmember Reed moved (p. 236) to modify subsection 9050.4(k) to
change the time limit for development of a test driving plan from
"two months" to "one year." Second by Mayor Pro Tempore H. Katz.
Discusion was held. The motion was unanimously approved.

Councilmember Reed moved (p. 238) to modify subsection 9050.4(n)(3)
to change 'for" to Oland" (thereby reading, 11 ... landscaping and noise
absorbing materials... 11) . Second by Mayor Pro Tempore H. Katz. The motion
was unanimously approved.

Councilmember Reed moved (p. 239) to modify subsection 9050.4(q)(2) to change "which"
to "and" (thereby reading, 11 ... located below grade and is dedicated... 11) . Second by
Mayor Pro Tempore H. Katz. The motion was unanimously approved.

Councilmember A. Katz moved (p. 242) under Section 9050.7 to direct staff to develop
definition of and performance standards for congregate housing. Second by Councilmember
Finkel. During discussion, with no objection from the second, the maker amended the
motion to give staff flexibility to either develop a new section or incorporate changes into
the existing section. The motion unanimously approved.

Councilmember Reed moved (p. 243) to amend subsection 9050.8(c) to change 1116 feet"
to 1114 feet." Second by Mayor Pro Tempore H. Katz. The motion was unanimously
approved.

Councilmember Reed 'moved (p. 244) to amend Section 9050.9 to
replace "video" with "game" throughout the section.Second by
Mayor Pro Tempore H. Katz. The motion was unanimously approved.

Councilmember A. Katz moved (p., 246) to amend subsection 9050.9(p) to exempt "acts of
nature" or "acts of the City" from the provisions for abandonment. The motion failed for lack
of a second.. Councilmember A. Katz moved the same motion, deleting "acts of the City."
The motion failed for lack of a second.

Councilmember Reed moved (p. 252) to delete subsection 9050.12(h). Second by Mayor
Pro Tempore H. Katz. Discussion was held. The motion was unanimously approved.

For Subchapter 7, Special Conditions for Conditional Uses, Councilmember Reed moved
(p. 256) to amend subsection 9055.3(b) to conform Child Day Care Centers to the action
taken earlier with respect to Family Day Care Centers, i.e., to allow an open wall in the
front yard part of the parcel, and on the side-yard if on a corner lot, and to only require
the solid fence or wall on property lines that abut other properties. Second by Mayor Pro
Tempore H. Katz. Discussion was held. The motion was unanimously approved. Discussion was
held. Councilmember Reed moved to put the 4211 height in the front yard for this section of
the code as was done for the earlier section (Section 9050.3(c)). Second by Mayor Pro
Tempore H. Katz. The motion was unanimously approved.

Councilmember Finkel moved (p. 256) a general motion that addresses Section 9055.3 as
well as a number of other sections, each of which is subsumed by the City Attorney's
Memorandum of Opinion No. 87-54 dated December 31, 1987, on the subject of proposed
zoning ordinance provisions regulating child care, that all matters relating to child care
be addressed separately on the basis of a presentation by the City Attorney's office when
council has finished its page by page reading of the Draft Zoning Ordinance. Second by
Councilmember Jennings. The motion was approved, Councilmember Reed
opposed.

Councilmember Zane moved (p. 257) to direct staff to develop
an options paper as to strategies to pursue to preserve and
encourage service stations in the community. Second by
Councilmember A. Katz. Councilmember Reed moved to amend the
motion that the study also address the economics the gasoline
stations are faced with in complying with the City's law that
they remove their old tanks and put in double-lined tanks and
how those economics come into play with the issue of
attempting to preserve uses. Second by Mayor Pro Tempore H.
Katz. The amendment was accepted as friendly by the maker and
second and incorporated into the main motion. The chair
clarified that this does not have to be completed by July 5,
but rather can be addressed after the Zoning Code is adopted.
The motion was unanimously approved.

Councilmember Finkel moved (p. 264) under Section 9055.5 to
direct staff to generate proposed standards for Council to
consider with respect to existing auto repair shops concerning
screening or visual blockage of the work areas from pedestrian
view, repair of vehicles on the public street, and other such
operational conditions. Second by Councilmember Zane.
Discussion was held. The motion was unanimously approved.

Councilmember Finkel moved that in consideration of the prior
motion, to direct staff to consider the relative benefits of
creating standards and enforcing them by means of the zoning
ordinance as contrasted with a separate ordinance which might
be dealt with through the City Attorney's office in the form
of a criminal proceeding, and make appropriate recommendations
with respect to which device, or both, Council should most
appropriately use. Second by Mayor Pro Tempore H. Katz. The
motion was unanimously approved.

Councilmember A. Katz moved (p. 267) under subsection
9055.5(o) to direct staff to develop a general clause that
would allow an exemption for abandonment when it is outside
the control of the owner-operator. Second by Councilmember
Finkel. Discussion was held. The motion was approved,
Councilmembers Jennings and Reed opposed.

Councilmember A. Katz moved (p. 276) under subsection
9055.9(b) to direct staff to clarify "accessible." Second by
Councilmember Finkel. The motion was unanimously approved.

Mayor Pro Tempore H. Katz moved (p. 278) under subsection
9055.10(a) that the last sentence be reworded to more clearly
state the intent of the provision. The motion was duly seconded and
unanimously approved.

For Subchapter 8A, New Condominiums, Mayor Pro Tempore H. Katz moved
(p. 284) that subsection 9060.4(e) should be amended to read 11
... the CC & Rs shall be subject to Planning Commission and
City Council review... 11 Second by Councilmember Finkel. The
motion was unanimously approved.

For Subchapter 8B, Condominium Conversions, councilmember Reed moved (p.
286) that subsection 9061.1(a) be qualified to indicate that the
removal of residential units from the rental market has been approved
by the Rent Board "where applicable." Second by Mayor Pro Tempore H.
Katz. The maker amended the motion to incorporate Councilmember
Finkel's suggestion to use the same language used in the context of
demolitions, i.e., adding 11 ... when required." Second by Mayor Pro
Tempore H. Katz. The motion was unanimously approved. It was
clarified by the chair that the provision of subsection 9061.1(a)
will read: "Removal of residential units from the rental market has
been approved by the Rent Control Board through issuance of a
certificate of exemption or removal permit, when required."

For Subchapter 9, Nonconforming Buildings and Uses, Councilmember
Reed moved (p. 291) under subsection 9080.2(a)(2) to specify that the
replacement cost is determined at the time of application, with staff
to clarify the language as they deem necessary. Second by Mayor Pro
Tempore H. Katz. With no objection from the second, the maker
included in the motion that this should also be stated in subsection
9 0 8 0. 2 (a) (4) . The motion was unanimously approved.

Mayor Pro Tempore H. Katz moved (p. 291) under subsection 9080.2 (a)
(1) to strike the first sentence or to make a reference to subsection
9080.2 (a) (3) with regard to the provision that no structural
alterations shall be made. Second by Councilmember Finkel. Discussion
was held. The motion was approved, Councilmember Zane opposed.

Councilmember Reed moved to direct staff to draft separate language
to cover legal nonconforming residential buildings and to have
standards that are different and less restrictive than the standards
that are proposed for nonresidential buildings, and bring back the
language for Council to review. The motion was clarified to cover
standards for repairs and alterations. Second by Councilmember
Jennings. The motion was unanimously approved.

Councilmember Reed moved (P- 292) to amend subsection 9080.2(b) (2) to
provide that additions not in excess of 15 percent of the existing
square footage of the whole building need to provide parking for the
new space only, but if adding more than 15 percent of the square
footage to a nonconforming commercial or manufacturing (not residential)
building, the -parking must be brought up to the standard for all the
square footage in the building, including in the motion the concept
that cumulative enlargements after the ordinance is adopted will come
under this provision. Second by Mayor Pro Tempore H. Katz. During
discussion, with the consent of the second, the maker amended the
motion to change the 15 percent threshold to 25 percent. The motion
was unanimously approved.

Councilmember Reed moved (p. 295) under subsection 9080.4(d) to
grandfather in perpetuity for. the specific use in business as of the
date of ordinance adoption the surface parking lots on residentially
zoned parcels, including that these lots shall be
appropriately screened, with a three-year time period for the
screening and landscaping, and stating that in no case can the I R I
lots be used for anything other than surf ace parking, and that
the use shall terminate the minute that the specific use leaves
the commercial part of the property or that there is a
redevelopment that changes the specific use, thereby tying
these lots to either a new auto dealer, or a savings and loan,
or a grocery store, depending on the specific use at each
parcel that relies on these lots. Second by Mayor Pro Tempore
H. Katz. The maker and second amended the motion to include
Councilmember A. Katz's suggestion that the screening
requirement be changed to require that plans must be submitted
within one year and accomplished within three years. During
discussion, Councilmember Zane clarified the intention of the
maker on the following aspects of the motion: With respect to
the same precise use, and no intensification, the use of the
'R' lot for parking be grandfathered in perpetuity; if there is
a new use that is less intense in its parking demand than the
existing use, the 'R' lot would be lost (any change of use, up
or down, immediately triggers loss of the lot); if the same use
intensifies owing to some kind or rehab or addition and
requires additional parking, that parking would have to found
elsewhere, but the 'R' lot would not lost. With no objection
from the second, the maker amended the motion to include a 25
percent standard for expansion of the existing specific uses as
long as the existing parking can support that expansion. The
maker clarified the intent is for Council to vote on the policy
outlined in the motion, and direct staff to draft the language
in the proper way.

Councilmember Zane moved a substitute motion that so long as
the
same precise use with no intensification continues, under those
circumstances, grandfather the parking on the 'R' lot in
perpetuity; if there is a new use, whether less intense or
more intense, or if there is a redevelopment of the property,
the 'R' lots revert to residential use. The motion was duly
seconded. Discussion was held. Councilmember A. Katz moved an
amendment to strike the word "redevelopment" from the second
clause in the substitute motion. Second by Mayor Pro Tempore H.
Katz. The amendment failed by the following vote:

Council vote: Affirmative: Councilmembers Jennings, A. 
              Katz, H. Katz

Negative: Councilmembers Finkel, Reed, 
          Zane, Mayor Conn

Councilmember Finkel requested that the record reflect that
his no vote is for two reasons: No distinction is drawn
between uses, which he thinks is crucial; and what this motion
is doing is encouraging the development of uses which are not
neighborhood friendly.

The substitute motion was unanimously approved.

Councilmember Reed moved (1) that direction be included in the
rewriting that staff will be doing that the people who have
the advantage of using the 'R' lots have to file a plan for
the landscaping and appropriate screening within one year and
accomplish that within three years from the adoption of this
ordinance; and (2) to specify that up to 25 percent of the
existing use square footage may be added for that same use as
long as the parking to support the new square footage is
already being provided or can be shown to be provided on their
parcel. Second by Mayor Pro Tempore H. Katz. At the request of
Councilmember Zane, the motion was divided into two parts. The
motion as stated in part (1) was unanimously approved.

As a restatement of part (2) of the motion, Councilmember Reed
moved that up to 25 percent of the existing square footage can
be added to be used for the same use that is there now, as
long as a showing can be made that the parking can be provided
for the new square footage with the existing parking. Second
by Mayor Pro Tempore H. Katz. Councilmember A. Katz moved an
amendment to the motion to change the threshold to 50 percent
if the parking is adequate for that expansion. Second by Mayor
Pro Tempore H. Katz. The motion was approved by the following
vote:

Council vote: Affirmative: Councilmembers Jennings, A. Katz,
                           H. Katz, Mayor Conn

Negative:                  Councilmembers Finkel, Reed, 
                           Zane

The main motion, as amended, was approved by the following vote:

Council vote: Affirmative: Councilmembers Jennings, A. Katz,
                           H. Katz, Reed, Mayor Conn

Negative:                  Councilmembers Finkel, Zane

Councilmember Reed moved (p. 295) under subsection 9080.4(c)
to direct staff to gather the information that goes to the
question of who will be put out of business in five years on
vehicle storage lots and vehicle sales lots. Second by Mayor
Pro Tempore H. Katz. During discussion, the maker included in
the motion direction to staff to include a discussion of what
Council did vis-a-vis Broadway and how it relates to this.
Council did not vote on this motion.

Councilmember Jennings moved (p. 294) under Section 9080.4 to
delete the residential zones from the termination of
nonconforming buildings and uses. Second by Mayor Pro Tempore
H. Katz. At the suggestion of the City Manager, the motion was
amended by the maker and second to give direction to staff to
look into this problem. The motion was unanimously approved.

ADJOURNMENT: At 11:19 p.m., the meeting was adjourned to 6:00
p.m. on Tuesday, April 26, 1988. (If there is inadequate time
on this date to conclude instruction to staff on the zoning
ordinance, the alternate date is May 3, 1988, at 6:00 p.m.).
The meeting was adjourned in memory of Spencer Eastman and Alan
Paton.

ATTEST:

DONNA R. BETANCOURT
Acting City Clerk

APPROVED:

JAMES P. CONN
Mayor

April 19, 1988