CITY OF SANTA MONICA
CITY COUNCIL MEETING 07/27/88
ABBREVIATED MEETING MINUTES
Disclaimer: This document does not contain the complete official meeting
minutes but is intended to provide information about meeting activity.
To obtain official meeting minutes, please contact the Santa Monica City
Clerk's office.
8-A: COMPREHENSIVE LAND USE AND ZONING ORDINANCE: Presented was
an ordinance for introduction and first reading amending the
Santa Monica Municipal Code by repealing Chapter 1 of Article IX
of the Municipal Code and Section 9516 of the Municipal Code and
adding a new Chapter 1 to Article IX of the Municipal Code to
adopt a Comprehensive Land Use and Zoning Ordinance; a resolution
certifying the Final Subsequent Environmental Impact Report and
Final Supplemental Environmental Impact Report on the Proposed
Zoning Ordinance; and an ordinance for introduction and first
reading implementing the new Comprehensive Land Use and Zoning
Ordinance by adopting an Interim Districting Map. (The public
hearing was concluded on July 26, 1988.) Discussion was held.
Mayor Conn moved to adopt Resolution No. 7657(CCS) entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
CERTIFYING THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT AND
THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT ON THE
PROPOSED ZONING ORDINANCE," reading by title only and waiving
further reading thereof. Second by Councilmember A. Katz. The
motion was approved by the following vote:
Council vote: Unanimously approved 7-0
Mayor Conn moved to introduce for first reading an ordinance
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING THE SANTA MONICA MUNICIPAL CODE BY REPEALING
CHAPTER 1 OF ARTICLE IX OF THE SANTA MONICA MUNICIPAL CODE AND
SECTION 9516 OF THE SANTA MONICA MUNICIPAL CODE AND ADDING A NEW
CHAPTER 1 TO ARTICLE IX OF THE SANTA MONICA MUNICIPAL CODE TO
ADOPT A COMPREHENSIVE LAND USE AND ZONING ORDINANCE," reading by
title only and waiving further reading thereof, including
amendments A through Y contained in the staff report dated July
27, 1988. Second by Councilmember A. Katz. Discussion was held.
Regarding amendment W, with respect to residentially zoned lots
with surface parking (Section 9080.4(d)(3)), Councilmember Zane
moved to amend the main motion to return the struck language,
cross out instead "any new use whether less intense or more
intense," and replace it with, "any new use which under the
Zoning Code requires more intense parking standards." Second by
Councilmember Finkel. The maker and second accepted as friendly
Councilmember Reed's suggestion to strike the word "precise" in
the opening line. Discussion was held. The Planning Director
indicated that Subsection 9080.4(d)(3) shall read: "The use or
uses existing on the commercial parcel supported by the
residential parking lot do not change. For purposes of this
requirement, a change of use shall be defined as any new use
which under the Zoning Ordinance requires more intense parking
standards than the existing commercial use that exists on the
effective date of this Chapter." On the advice of the City
Attorney, "under the Zoning Ordinance" was deleted from this
language. The maker and second of the motion accepted as
friendly Councilmember A. Katz's amendment to instruct staff to
come back in one of the cleanup sweeps with some procedure that
allows for diminutious changes to occur. The maker and second
also incorporated as part of the motion the renumbering of the
following two subsections. Discussion was held. The motion, as
amended, was unanimously approved.
Councilmember Zane moved under Subsection 9080.4(d)(1) that "for
another use" should not be included, and that the recapture of
these parking lots for residential uses should occur at any time
when a commercial parcel adjacent or supported by the residential
parking lot is not redeveloped. Second by Councilmember Finkel.
Discussion was held. The motion failed by the following vote:
Council vote: Affirmative: Councilmembers Finkel, Zane, Mayor
Conn
Negative: Councilmembers Jennings, A. Katz,
H. Katz, Reed
[Page references in the following amendments to the main motion
are all to the document (draft zoning ordinance) included with
the staff report dated July 26, 1988.]
Mayor Pro Tempore H. Katz moved (p. 6) to change the definition
of 'Average Natural Grade' from the corners of a parcel to the
corners of the structure proposed. Second by Councilmember A.
Katz. Discussion was held. The motion failed by the following
vote:
Council vote: Affirmative: Councilmembers H. Katz, Reed
Negative: Councilmembers Jennings, A. Katz,
Zane, Mayor Conn
Abstain: Councilmember Finkel
Mayor Pro Tempore H. Katz moved (p. 7) to modify the definition
of 'Awnings' from "Awnings shall be collapsible..." to "Awnings
may be fixed or collapsible..." Second by Councilmember Zane.
Discussion was held. The motion was approved, Councilmember
Finkel opposed.
Mayor Pro Tempore H. Katz moved (p. 7) under 'Boarding House' to
delete the last sentence in the definition. Second by
Councilmember Reed. The motion was approved by the following
vote:
Council vote: Affirmative: Councilmembers Jennings, A. Katz,
H. Katz, Reed
Negative: Councilmembers Finkel, Zane, Mayor
Conn
Mayor Pro Tempore H. Katz moved (p. 8) under 'Canopy' to add
"wall" so that the definition reads "...shielding a doorway,
window, or wall..." Second by Councilmember A. Katz. The motion
was approved, Councilmembers Jennings and Reed opposed.
Discussion was held. Councilmember Reed moved (p. 12) under
subsection (3) of 'Floor Area' to reinsert the struck language,
"or ramps between floors of a parking structure." Second by
Mayor Pro Tempore H. Katz. During discussion, the maker and
second included Councilmember Zane's suggestion that "providing
the ramp does not accommodate parking" also be reinstated. The
motion was unanimously approved.
Councilmember Zane moved (p. 12) under subsection (5) of 'Floor
Area' to add "Exterior" preceding "Courtyards, arcades, atria..."
to modify all of the following areas. Second by Councilmember
Reed. The motion was unanimously approved.
Councilmember Reed moved (p. 13) that "Floor area devoted to
covered at-grade parking shall be counted at two thirds of the
actual area if" be modified to add to the end of the phrase, "all
of the following conditions are met:" Second by Mayor Pro
Tempore H. Katz. The motion was unanimously approved.
Councilmember Zane moved to direct staff to bring back as a
clean-up item an evaluation of how rooftop parking should be
counted in the calculation of FAR. It was determined that this
direction is not critical to the introduction of the ordinance
and should be held until later. Therefore, the motion was
withdrawn.
Mayor Pro Tempore H. Katz moved to direct staff to look at the
definition of 'Parapet.' It was determined that this direction
is not critical to the introduction of the ordinance, and the
motion was withdrawn.
Councilmember Reed moved (p. 17) under 'Large Family Day Care
Homes' to add "the same" (making the definition read, "A home
which provides family day care to the same 7 to 12 designated
children daily ..."). Second by Mayor Pro Tempore H. Katz.
During discussion, the second was withdrawn; therefore, the
motion died for lack of a second.
Councilmember Zane moved to direct staff to develop a definition
for 'Specialty Retail.' Not being critical to the introduction
of the ordinance, this motion was withdrawn.
Councilmember Reed moved (p. 42) under Section 9002.7 to insert
in line 6 the word "which" (making the definition read,
"...purposes shall be issued which would be in conflict..."
Second by Councilmember Zane. The motion was unanimously
approved.
Mayor Pro Tempore H. Katz moved (p. 45) to include Boarding
Houses as subsection 9010.5(c) under 'Prohibited Uses,' with
subsection (c) becoming (d). Second by Councilmember Reed. The
motion was unanimously approved.
Councilmember Zane moved that Hospices be permitted in all
residential zones and be listed as permitted uses. Second by
Councilmember Reed, noting that this is as required by State law.
The motion was amended to include that appropriate renumbering be
done to maintain consistency. The motion, as amended, was
unanimously approved.
Councilmember Zane moved (p. 54) under Section 9012.4 that
Boarding Houses be a conditionally permitted use in the R2 zone.
Second by Councilmember Finkel. During discussion, the motion
was amended to include Boarding Houses as conditionally permitted
uses in the R2, R3, and R4 zones, with the appropriate
renumbering. The motion, as amended, was unanimously approved.
Councilmember Zane moved (p. 55) under subsection 9012.6(a) to
change "30 feet" to "27 feet." The motion died for lack of a
second.
Councilmember Zane moved (p. 56) under subsection 9012.6(h) to
change "20,000 square feet" to "12,000 square feet." Second by
Councilmember Finkel. Discussion was held. The motion failed by
the following vote:
Council vote: Affirmative: Councilmembers A. Katz, Zane
Negative: Councilmembers Finkel, Jennings,
H. Katz, Reed, Mayor Conn
Councilmember Zane moved (p. 56) under subsection 9012.6(h) to
change "20,000 square feet" to "15,000 square feet." Second by
Councilmember Finkel. The motion was unanimously approved.
Mayor Pro Tempore H. Katz moved (p. 65) under subsection
9014.6(a) to change "50 feet" to "45 feet." Second by
Councilmember Zane. The motion was approved, Councilmember
Jennings opposed.
Councilmember Zane moved (p. 60) under subsection 9013.6(h) to
change "25,000 square feet" to "22,500 square feet." Second by
Councilmember Finkel. The motion was approved, Councilmember
Jennings opposed.
Councilmember Reed moved (p. 68) under subsection 9015.2(k) to
delete everything after 'hotels,' making the subsection read,
"Night Clubs within hotels." Second by Councilmember Finkel.
The motion was unanimously approved.
Councilmember Zane moved (p. 68) under subsection 9015.2(n) to
make it read, "Residential uses above the first floor..." During
discussion, the motion was withdrawn when it was determined that
the intent of the motion is accomplished under subsection
9015.2(j).
Councilmember Zane moved to amend the language so that
'Aquariums' becomes 'Marine-oriented uses such as aquariums.'
Second by Councilmember Reed. The motion was unanimously
approved.
Councilmember Zane moved (table on p. 71) that the two paragraphs
following 'Pier Overlay' be numbered (a) and (b) and indented to
clarify that they are part of the Pier Overlay zone. Second by
Councilmember Reed. The motion was unanimously approved.
Mayor Pro Tempore H. Katz moved (p. 72) under subsection
9015.5(b) to change "70 percent" to "60 percent." Second by
Councilmember Zane. The motion failed for lack of a majority.
Councilmember Zane moved (p. 72) under subsection 9015.5(g) to
change "15,000 square feet of floor area on the Promenade" to
"10,000 square feet ..." and "45,000 square feet of floor area in
all other areas of the District" be changed to "30,000 square
feet ..." The chair requested that the motion be divided into
two separate motions. Councilmember Zane moved that the
development review standard for the parcels fronting on the
Promenade be 10,000 square feet. Second by Councilmember A.
Katz. During discussion, it was determined that the Promenade is
now all in the R3 zone, and the motion was withdrawn.
Councilmember Zane moved that the 45,000 square feet for all
other areas be changed to 30,000 square feet. Second by
Councilmember Finkel. The motion was approved by the following
vote:
Council vote: Affirmative: Councilmembers Finkel, A. Katz,
Zane, Mayor Conn
Negative: Councilmembers Jennings, H. Katz,
Reed
Councilmember Reed moved (p. 76) under subsection 9016.6(d) to
delete "None, except that needed to accommodate" and change the
sentence to read, "Landscaping as required pursuant ..." Second
by Mayor Pro Tempore H. Katz. During discussion, with the
consent of the second, the motion was amended to make it general
to all commercial districts. The motion, as amended, was
approved, Councilmember Finkel opposed.
Mayor Pro Tempore H. Katz moved (p. 77) under subsection
9016.6(d) to change "shall comply" to "may comply" and make this
change throughout the document for consistency. Second by
Councilmember Reed. During discussion, at the suggestion of the
Planning Director and with the consent of the second, the motion
was amended to delete the entire sentence making reference to
Section 9040.5, and make this change throughout the document.
The motion, as amended, was unanimously approved.
Mayor Pro Tempore H. Katz moved (p. 81) under subsection
9017.4(g) to delete "with up to two service bays," making the
subsection read "Service stations." Second by Councilmember
Finkel. The motion was unanimously approved.
Regarding the C4 Highway Commercial District, Councilmember Reed
moved that the height limit be 2 stories with 1.5 FAR for the
north side of Broadway from 20th Street to 26th Street. Second
by Mayor Pro Tempore H. Katz. The motion was amended to include
Councilmember Zane's suggestion of a 30 foot height limit. The
motion, as amended, was unanimously approved.
Councilmember Zane moved (p. 95) under Section 9019.6 to direct
staff to develop language to modify the provision so that the 50%
discount for residential uses apply across the board in the
Downtown District. During discussion, the motion was amended to
include the City Attorney's suggestion that the second sentence
of the section be revised to read: "With the exception of
residential uses, where the development standards of this
Subchapter are inconsistent with the Third Street Mall Specific
Plan, the standards contained in the Third Street Mall Specific
Plan shall govern." Second by Mayor Pro Tempore H. Katz. The
motion was unanimously approved.
Councilmember Zane moved (p. 108) under subsection 9021.6(a) to
delete the second sentence ("No portion of any structure shall
exceed 45 feet within 150 feet of a residential district.").
Second by Mayor Pro Tempore H. Katz. The motion was unanimously
approved.
Councilmember Zane moved (p. 108) under subsection 9021.6(b) to
add "and relocating their entire operation to this site" to the
end of the subsection. Second by Councilmember A. Katz. During
discussion, the maker and second accepted Councilmember Reed's
modification to the motion to make it read, "relocating the
entire retail sales and auto storage operations to this site."
The motion, as amended, was unanimously approved.
During consideration of the CP Commercial Professional District,
Councilmember Zane left the dais due to a possible conflict of
interest.
For the CC Civic Center District, it was clarified that the
amendments as set forth in the staff report dated July 27, 1988,
(amendment M) remove the 2.0 FAR for this district.
For the M1 Industrial Conservation District, Councilmember Reed
moved (p. 138) under Section 9030.2 to add under the permitted
use section a subsection to include the expansion of an existing
nonconforming use by no more than one lot subject to development
review. Second by Councilmember Zane. During discussion, with
the concurrence of the second, the motion was amended to make the
language read, "Existing nonconforming office uses may expand by
no more than one parcel with development review." Discussion was
held. The motion, as amended, was approved, Mayor Pro Tempore H.
Katz abstaining.
For the A Off-Street Parking Overlay District, Councilmember A.
Katz moved (staff recommendations one and three on p. 3 of the
staff report dated July 27, 1988) to delete Section 9032.2 and
renumber the sections that follow, and adopt a new section,
Section 9050.15 that establishes performance standards for
parking lots. Second by Mayor Pro Tempore H. Katz. During
discussion, with the consent of the second, the maker amended the
motion to provide that when the Planning staff comes back with
their site review threshold criteria (in approximately 6 months),
that they include in that the possibility that if no surface
parking is used in the R or A lot after development, that there
would be some kind of bonus under the site review threshold
criteria; if part of that surface area is open space and part is
used for parking, the bonus would decline; if all is used for
surface parking, there would be no bonus. During discussion, the
Planning Director suggested that, because the staff report of
July 27 may have confused the issue and caused a motion contrary
to the intent of Council, the motion be amended so that, with
reference to p. 149 of the ordinance, the language be left as is,
thereby deleting the surface parking as a right today, with staff
to come back when the criteria for the site review threshold are
developed with the information regarding bonuses that was
requested in the motion. With the consent of the second, the
maker amended the motion to instruct staff to return to Council
as part of their work on the site review threshold criteria with
a procedure for providing bonuses for underground parking and
leaving the surface area landscaped, and a sliding scale for
intermediate levels of landscaping. It was clarified that the
motion does not make any changes to the ordinance. The motion,
as restated, was unanimously approved.
For Project Design and Development Standards, Councilmember Reed
moved (p. 165) under Section 9040.8 to add the phrase, "except
that on corner parcels within five feet of an intersection, the
fence, wall, or hedge height shall not exceed 36 inches," so that
the last sentence in subsection (a) and subsection (b) are
consistent with respect to the height of a fence within five feet
of an intersection, regardless of whether it is a front yard or
side yard fence. Second by Mayor Pro Tempore H. Katz. The
motion was unanimously approved.
Councilmember Jennings moved (p. 170) under Section 9040.17 to
provide that underground parking in residential areas is totally
underground and does not extend above the surface of the land on
either side. The motion died for lack of a second.
Councilmember Zane moved to extend the meeting to midnight.
Second by Mayor Pro Tempore H. Katz. The motion was unanimously
approved.
Councilmember Finkel moved to direct staff that all areas which
are contemplated by the July 27, 1988, memorandum from Public
Counsel be placed in the clean-up study area with respect to
Child Care Facilities, and come back with recommendations. The
motion was duly seconded and unanimously approved.
Councilmember A. Katz moved (p. 231) under subsection
9046.3(c)(6) to establish January 1, 1988, as the basis point
upon which the inflation adjustments will be calculated. Second
by Mayor Pro Tempore H. Katz. During discussion, upon advisement
by the City Attorney that the basis for the inflation factor is
included in subsection 9046.2(c), the motion was withdrawn.
Councilmember Reed moved (p. 245) to add to the end of subsection
9050.4(a)(2), "except that an expansion of the land area which
accommodates no net increase but only a relocation of a use shall
be permitted." Second by Mayor Pro Tempore H. Katz. Discussion
was held. The motion failed for lack of a majority vote.
Councilmember Reed moved (p. 402) under Section 9133.3 to create
subsection (d) to read, "Low-income Housing. The Zoning
Administrator may approve a reduced parking permit for the
reduction in the number of parking spaces required for low to
moderate income housing development provided additional
documents, covenants, deed restrictions, or other agreements as
may be deemed necessary by the Zoning Administrator are
executed." Second by Mayor Pro Tempore H. Katz. With no
objection from the second, the motion was amended to include
direction to activate this process, with staff to come back with
refined standards. Discussion was held. The motion, as amended,
was unanimously approved.
Councilmember Finkel moved to direct staff to study the
suggestions proposed in the letter dated July 27, 1988, from
Lawrence & Harding regarding Home Occupation Permits, including
in the motion Councilmember Reed's request that the prior action
Council took with regard to home occupation permits, which was to
request that the staff investigate a notice radius,
renotification process, and sunset provisions, be included in the
study, and bring it all back to Council. The motion, as amended,
was duly seconded and unanimously approved.
The main motion to introduce the ordinance, as amended, was
approved by the following vote:
Council vote: Unanimously approved 7-0
Mayor Conn moved to introduce for first reading an ordinance
entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA IMPLEMENTING THE NEW COMPREHENSIVE LAND USE AND ZONING
ORDINANCE BY ADOPTING AN INTERIM DISTRICTING MAP," reading by
title only and waiving further reading thereof. Second by
Councilmember A. Katz.
Councilmember Zane moved to amend the map to make the area east
of the Promenade, west of Appian Way, from Seaside Terrace near
the Pier up to Vicente Terrace, an R3 zone. The maker and second
of the main motion accepted this as a friendly amendment.
Councilmember Zane moved that the Civic Center Trailer Park in
the currently proposed M1 zone be changed to the R-MH
designation. Second by Councilmember Finkel. Discussion was
held. Because of planning and legal considerations, Mayor Conn
moved a substitute motion to ask staff to look at this parcel and
come back with recommendations. Second by Mayor Pro Tempore H.
Katz. The substitute motion was approved, Councilmember Zane
opposed.
Councilmember Zane requested that the record reflect that the
people who voted for this motion should go over and explain it to
the residents.
Councilmember Reed moved to amend the map to delete from the
Broadway Commercial District, therefore leaving in the C4 zone,
the north side of Broadway from 20th Street to 26th Street.
Second by Councilmember Zane. The motion was unanimously
approved.
Councilmember Jennings moved to amend the map to include the
Washington School property, located on the east side of 4th
Street between Raymond and Ashland, in the PL Overlay zone. The
motion was duly seconded and unanimously approved.
Discussion was held. Councilmember Jennings moved to include all
of Los Amigos Park, at 5th and Ocean Park Boulevard, in the PL
Overlay zone. Second by Councilmember Reed. The motion was
unanimously approved.
The main motion to introduce the ordinance, as amended, was
approved by the following vote:
Council vote: Affirmative: Councilmembers Finkel, Jennings,
A. Katz, H. Katz, Zane, Mayor Conn
Negative: Councilmember Reed
Councilmember Reed requested that the record reflect that she is
in concurrence with the criticisms made by Mr. Christopher
Harding with regard to the map.
Mayor Pro Tempore H. Katz moved to direct staff to go further
with their analysis and recommendations regarding differential
intensity of development based upon uses. Second by
Councilmember A. Katz. The motion was approved, Councilmember
Reed opposed.
Councilmember A. Katz moved to direct staff to study the issues
raised in the letter dated July 27, 1988, from CIPA and come back
with recommendations to provide meaningful incentives for
residential uses in the commercial zones. Second by
Councilmember Finkel. The maker and second accepted as friendly
Councilmember Zane's suggestion that the motion include that the
Downtown be treated as a priority because of some immediate needs
to address the housing potentialities there. The motion, as
amended, was unanimously approved.
Councilmember Finkel moved that staff be directed to study the
following issues and return to Council with recommendations: an
evaluation of how rooftop parking should be counted in the
calculation of FAR; develop definitions for Parapet and Specialty
Retail; parking for shelters; more specificity under subsection
9015.2(l), retail uses that cater to the visiting public; look at
different thresholds for development review in different parts of
C4 zone; add "berm" language to Section 9041.7; allow less
parking for low and moderate income units where deed restricted;
Public Lands near the airport. Second by Councilmember A. Katz.
The motion was unanimously approved.
Mayor Pro Tempore H. Katz moved to direct staff to come back with
a method for handling variances as adjustments for unusual
situations. The motion was duly seconded and unanimously
approved.
Councilmember Zane moved to direct staff to evaluate the issue of
developing standards for height variances based upon
architectural amenities, and advise Council as to what sort of
design standards may be included as circumstances under which
Council might permit additional height, but not density. Second
by Mayor Pro Tempore H. Katz. Discussion was held. The motion
was approved, Councilmembers Jennings and Reed opposed.