CITY OF SANTA MONICA
CITY COUNCIL MINUTES
JULY 27, 1993
A regular meeting of the Santa Monica City Council was called to
order by Mayor Abdo at 6:40 P.M. on Tuesday, July 27, 1993, in the
Council Chambers.
Roll Call: Present: Mayor Judy Abdo
Mayor Pro Tempore Antonio V zquez
Councilmember Ken Genser
(arrived during Closed Session)
Councilmember Asha Greenberg
Councilmember Robert T. Holbrook
Councilmember Kelly Olsen
(arrived during Closed Session)
Councilmember Paul Rosenstein
Also Present: City Manager John Jalili
Deputy City Attorney Martin Tachiki
City Clerk Clarice E. Dykhouse
9-D: CLOSED SESSION: At 6:40 P.M., Council adjourned to Closed
Session for the purpose of considering the case of Palisades Beach
Property Owners Association v. California State Lands Commission;
California State Department of Parks and Recreation; City of Santa
Monica, et al., Los Angeles Superior Court Case No. SC023935.
At 7:15 P.M., the regular Council meeting convened with all members
present. Mayor Abdo announced there was no action taken on items
considered in Closed Session.
Councilmember Holbrook led the assemblage in the Pledge of
Allegiance to the Flag of the United States of America.
6. CONSENT CALENDAR: Presented was the Consent Calendar, whereby
all items are considered and approved in one motion unless removed
from the calendar for discussion. Member of the public Joy Fullmer
expressed her concerns. Councilmember Holbrook moved to approve
the Consent Calendar, reading resolutions and ordinances by title
only and waiving further reading thereof. Second by Councilmember
Greenberg. The motion was approved by the following vote:
Council vote: Unanimously approved 7-0
6-A: MINUTES APPROVAL: The City Council minutes of June 29, and
July 13, 1993, were approved.
6-B: FINAL SUBDIVISION MAP/TRACT NO. 50799/TPC-230/848 20TH
STREET: Resolution No. 8625(CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A
FINAL SUBDIVISION MAP FOR TRACT NO. 50799 AT 848 20TH STREET," was
adopted, thereby approving a 6-unit tenant-participating conversion
project at 848 20th Street.
Staff Report
6-C: FINAL SUBDIVISION MAP/TRACT NO. 51124/TPC-271/1238-42 10TH
STREET: Resolution No. 8626(CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A
FINAL SUBDIVISION MAP FOR TRACT NO. 51124 AT 1238-1242 10TH
STREET," was adopted, thereby approving a 20-unit
tenant-participating conversion project at 1238-42 10th Street.
Staff Report
6-D: FINAL SUBDIVISION MAP/TRACT NO. 51160/TPC-235/1422 CALIFORNIA
AVENUE: Resolution No. 8627(CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ACCEPTING AND APPROVING A
FINAL SUBDIVISION MAP FOR TRACT NO. 51160 AT 1422 CALIFORNIA
AVENUE," was adopted, thereby approving a 5-unit
tenant-participating conversion project at 1422 California Avenue.
Staff Report
6-E: INVESTMENT INSTRUCTIONS/CEMETERY AND MAUSOLEUM PERPETUAL CARE
FUNDS: Resolution No. 8628(CCS) entitled: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING INVESTMENT
INSTRUCTIONS FOR THE CEMETERY AND MAUSOLEUM PERPETUAL CARE FUNDS,"
was adopted, thereby approving revision of the investment mix of
the Cemetery and Mausoleum Perpetual Care funds.
Staff Report
END OF CONSENT CALENDAR
8-A: DEVELOPMENT STANDARDS/M1 AND C5: Presented was an ordinance
for second reading and adoption extending the interim ordinance to
implement development standards for portions of the M1 and C5
District located north of the Santa Monica Freeway and east of 19th
Place Alley. Councilmember Genser moved to adopt Ordinance No.
1694(CCS) entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA ESTABLISHING INTERIM DEVELOPMENT STANDARDS FOR
PORTIONS OF THE CITY LOCATED IN THE M1 AND C5 DISTRICTS, NORTH OF
THE SANTA MONICA FREEWAY AND EAST OF 19TH STREET PLACE ALLEY,"
reading by title only and waiving further reading thereof. Second
by Mayor Abdo. The motion was approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers V zquez, Olsen,
Genser, Mayor Abdo
Negative: Councilmember Rosenstein, Holbrook, Greenberg
Councilmember Rosenstein requested that the record reflect that he
voted "no" on this item even though he definitely supports the
goals of the ordinance; there are portions of the ordinance which
make him vote no primarily because he is concerned that the impact
of the study area on this industrial area could lead to urban
blight and decay.
Councilmember Holbrook requested that the record reflect that he
voted "no" on this item because he believes that there is a
fundamental problem with combining housing and manufacturing uses.
8-B: AUTOMOBILE WASHING FACILITIES: Presented was an emergency
ordinance for introduction and adoption establishing standards for
automobile washing facilities in certain zones on an interim basis.
Council asked questions of staff. At 7:29 P.M., Mayor Abdo
declared the public hearing open. There being no one wishing to
speak, Mayor Abdo closed the public hearing. Councilmember Genser
moved to approve the staff recommendation with the following
changes: Paragraph (19) on page 9 to read as follows: "If located
within one hundred (100) feet of a residential district, operation
of the establishment shall be prohibited prior to 8:00 A.M. and
after 10:00 P.M. on weekdays, prior to 9:00 A.M. and after 10:00
P.M. on Saturdays, and prior to 9:00 A.M. and after 9:00 P.M. on
Sundays;" and SECTION 3(c) strike (2) and renumber (3) to (2) and
all subsequent numbers, and the renumbered SECTION 3(c)(2) to read:
"Setbacks." No building or structure for a self-service car wash
or car washing facility shall be within thirty (30) feet..."
Discussion was held. Second by Councilmember Olsen. Councilmember
Genser moved to amend the motion to change the wording of SECTION
3(c)(8) to read: "Access and Circulation." Unless otherwise
approved by the Parking and Traffic Engineer, no more than two (2)
driveways shall be permitted on any one street frontage. If only
one driveway, it shall have a maximum of thirty-five (35) feet; if
two driveways, each driveway shall have a maximum of thirty (30)
feet. Driveways shall be located as follows: (i) Driveways shall
not be located closer than..." Discussion was held. The motion
was accepted as friendly. Discussion was held. The motion, as
amended, was approved by the following vote:
Staff Report
Council vote: Unanimously approved 7-0
By virtue of the above action, Ordinance No. 1695(CCS) entitled:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ESTABLISHING STANDARDS FOR AUTOMOBILE WASHING FACILITIES IN CERTAIN
ZONES ON AN INTERIM BASIS AND DECLARING THE PRESENCE OF AN
EMERGENCY," was adopted as amended.
8-C: REQUIREMENTS FOR R1 SINGLE-FAMILY RESIDENTIAL ZONING
DISTRICT: Presented was an ordinance for introduction and first
reading amending Santa Monica Municipal Code Section 9.04.08.02
regarding requirements for the R1 single-family residential zoning
district. Council asked questions of staff. At 7:40 P.M., Mayor
Abdo declared the public hearing open. Member of the public Joy
Fullmer expressed her concerns. Member of the public Hank Koning
expressed concern with the inclusion of rear yard setbacks and
items which are allowed to exceed the height limit, e.g., chimneys.
Member of the public David Cameron spoke in support of the
ordinance but requested an amendment to change the 100' radius
notification area to become a 300' radius notification area. Mayor
Abdo closed the public hearing at 7:50 P.M. Councilmember Genser
moved the staff recommendation with the following substitute
language for R1 amendments:
Staff Report
1) In the proposed ordinance, revise language under item (a)(1)
on page 5 to read as follows:
1) Two stories, not to exceed 28 feet, which includes all
building elements except chimneys and required vents.
2) In the proposed ordinance, delete language under item (f) on
page 6 and substitute the following:
(f) Additional Front Stepback Above 14 Feet in Height. For
new structures or additions to existing structures, any
portion of the front building elevation above 14 feet
exceeding 75 percent of the maximum buildable front
elevation shall be stepped back from the front setback
line an additional average amount equal to four percent
of parcel depth, but in no case resulting in a required
stepback greater than 10 feet.
As used in this Chapter, "maximum buildable elevation" shall mean
the maximum potential length of the elevation permitted under these
regulations, which includes parcel width or length (as applicable),
minus required minimum setbacks.
3) In the proposed ordinance, delete language under item (h) on
page 7 and substitute the following:
(h) Additional Rear Stepback Above 14 Feet in Height. For
new structures or additions to existing structures, any
portion of the rear building elevation above 14 feet
exceeding 75 percent of the maximum buildable rear
elevation shall be stepped back from the rear setback
line an additional average amount equal to four percent
of parcel depth, but in no case resulting in a required
stepback greater than 10 feet.
4) In the proposed ordinance, delete language under item (j) on
page 7 and substitute the following:
(j) Additional Side Stepbacks Above 14 Feet in Height. For
new structures or additions to existing structures, any
portion of the side building elevation above 14 feet
exceeding 50 percent of the maximum buildable side
elevation shall be stepped back from the side setback
line an additional one foot for every 2 feet 4 inches
above 14 feet of building height to a maximum height of
21 feet.
5) In the proposed ordinance, revise item (n) on page 8 to read
as follows:
(n) Driveways. No more than one driveway per parcel to a
public street shall be permitted on parcels less than 100
feet in width.
Second by Councilmember Holbrook. Councilmember Genser moved to
amend the motion that the height limitation in Section
9.04.08.02.020(d) be changed from a maximum height of 24 feet to a
maximum height of 28 feet. The motion was accepted as friendly.
Discussion was held. Councilmember Genser moved to amend the
motion that the radius for notification in Section
9.04.08.02.080(d) be changed from 100 feet to 300 feet. Discussion
was held. The motion was accepted as friendly. The motion was
approved by the following vote:
Council vote: Unanimously approved 7-0
By virtue of the above action, an ordinance entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING
PART 9.04.08.02 OF THE SANTA MONICA MUNICIPAL CODE REGARDING
REQUIREMENTS FOR THE R1 SINGLE FAMILY RESIDENTIAL ZONING DISTRICT,"
was introduced for first reading by title only, waiving further
reading thereof.
8-D: OFF-STREET PARKING REQUIREMENTS: Presented was an ordinance
for introduction and first reading amending Santa Monica Municipal
Code Section 9.04.10.08 regarding off-street parking requirements
(Text Amendment 92-010). Council asked questions of staff. At
8:25 P.M., Mayor Abdo declared the public hearing open. Member of
the public Joy Fullmer expressed her concerns. Member of the
public Andrew McDonald spoke in support of the staff recommendation
to allow street access. Member of the public Rosario Perry spoke
in opposition to the amendment proposed by staff, striking the word
"new" on page 47 in the first recommendation and urged instead that
wording be included which would allow the reinstatement of the
immediately prior use if the loss of the use was beyond the
reasonable control of the owner. Mayor Abdo closed the public
hearing at 8:34 P.M. Council asked questions of staff.
Councilmember Genser moved to adopt the staff recommendation
including the amendments made verbally by staff as follows:
Staff Report
Page 2 of the strike-out ordinance, fourth line from the top,
strike the word "new" and add to the end of the sentence "in
commercial districts one space per four hundred square feet in
manufacturing districts."
Page 2 of the strike-out ordinance, item (j), change the sentence
in the seventh line to read "Kitchens, bathrooms and one living
room per unit shall not be considered bedrooms."
Page 7 of the strike-out ordinance, for the item entitled
"Convenience market, liquor store," strike the word convenience and
change it to read: "Market of less than 5,000 square feet, liquor
store."
Page 14 of the strike-out ordinance, Section 9.04.10.08.050(a)(4)
to read: "All required outdoor bicycle parking shall be located so
as to be not further than half of the distance from the furthest
parking space from the main building entrance of the building being
developed," and strike the remainder of the sentence.
Page 15 of the strike-out ordinance, Section 9.04.10.08.050(b),
second line to read: "over 50,000 square feet shall provide
permanently designated off-street vanpool and carpool parking
spaces..."
Page 16 of the strike-out ordinance, Section 9.04.10.08.100(c) and
(d), Single Driveway, be revised to read as follows: "10-foot
minimum with 12-foot minimum apron" and Double Driveway be revised
to read as follows: "20-foot minimum with 24-foot minimum apron."
Second by Councilmember Olsen. Council asked questions of staff.
Councilmember Holbrook moved to amend the motion that the length of
time for non-use be changed to twelve months instead of six months.
Second by Councilmember Greenberg. Discussion was held.
Councilmember Holbrook clarified that amendments to both Sections
9.04.10.08.030(1) and (3) are included in his motion. Discussion
continued. The amendment was approved by the following vote:
Council vote: Affirmative: Councilmembers Greenberg, Holbrook,
Rosenstein, Mayor Abdo
Negative: Councilmembers Genser, Olsen, V zquez
Councilmember V zquez requested that the record reflect that he
voted "no" on this item because he feels that there should be a cap
on parking.
Discussion was held. Councilmember Genser moved to amend the
motion that on Page 4 of the strike-out version of the ordinance
with regard to condominium parking to strike out the portion which
says 1 bedroom / 1.5 covered spaces and change it to 1 or 2 bedroom
condominiums to have a requirement for 2 covered spaces per unit.
The motion was accepted as friendly. Discussion was held.
Councilmember Holbrook moved a substitute motion of the staff
recommendation with regard to parking requirements for
condominiums. Second by Councilmember Greenberg. Discussion was
held. The motion was approved by the following vote:
Council vote: Affirmative: Councilmembers Greenberg, Holbrook,
Rosenstein, V zquez
Negative: Councilmembers Genser, Olsen, Mayor Abdo
Councilmember Rosenstein moved to amend the motion to strike the
provision in Multi-Family Housing that one-half space be added for
over two bedrooms. Councilmember Genser withdrew the main motion.
Councilmember Greenberg moved to adopt the staff recommendation
with the amendments which have been made to this point. Second by
Councilmember Rosenstein. Discussion was held. Councilmember
Rosenstein's amendment was accepted as friendly. Councilmember
Rosenstein moved to amend the motion to require an actual
electrical outlet rather than merely a stub in the parking area of
any non-residential building. The motion was accepted as friendly.
Councilmember Genser moved to amend the motion to change the
parking requirement for one- and two-bedroom condominiums to be two
covered spaces. Second by Councilmember Olsen. The motion failed
by the following vote:
Council vote: Affirmative: Councilmembers Genser, Olsen, V zquez
Negative: Councilmembers Greenberg, Holbrook, Rosenstein,
Mayor Abdo
Councilmember Olsen moved to amend the motion that Section
9.04.10.08.080 be amended to leave in the stricken portions for the
R1 Parking Access language. Second by Councilmember Genser.
Discussion was held.
The motion failed by the following vote:
Council vote: Affirmative: Councilmembers Genser, Olsen, V zquez
Negative: Councilmembers Greenberg, Holbrook, Rosenstein,
Mayor Abdo
Discussion was held. The main motion was approved by the following
vote:
Council vote: Affirmative: Councilmembers Greenberg, Holbrook,
Rosenstein, Mayor Abdo
Negative: Councilmembers Genser, Olsen, V zquez
Councilmember Genser requested that the record reflect that he
voted "no" on this item because by allowing 33% more units per lot
in condominium development, the tearing down of existing housing is
being encouraged and established, cohesive neighborhoods are being
ruined, and he feels that this is the wrong direction for the City
to pursue.
By virtue of the above action, an ordinance entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING
PART 9.04.20.08 OF THE SANTA MONICA MUNICIPAL CODE REGARDING
OFF-STREET PARKING REQUIREMENTS," was introduced for first reading,
as amended, reading by title only and waiving further reading
thereof.
Councilmember Greenberg moved to direct staff to prepare an
analysis and make the appropriate amendments and changes to the
Code to conform with the extension of six months to one year for
parking requirements. Second by Councilmember Holbrook. The
motion was approved, Councilmembers Genser and Olsen opposed.
At 9:40 P.M., Council adjourned for a short recess. Council
reconvened at 10:08 P.M. with all members present.
8-E: TRANSPORTATION MANAGEMENT PLAN: Presented was an ordinance
for introduction and first reading amending various sections of
Santa Monica Municipal Code Chapter 9.16 relating to the
Transportation Management Plan (TMP). Council asked questions of
staff. At 10:13 P.M., Mayor Abdo declared the public hearing open.
Member of the public Joy Fullmer expressed her concerns. Mayor
Abdo closed the public hearing at 10:15 P.M. Councilmember Holbrook
moved to introduce for first reading an ordinance entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING
SANTA MONICA MUNICIPAL CODE SECTIONS 9.16.030, 9.16.050, 9.16.070,
9.16.090, AND 9.16.130 RELATED TO TRANSPORTATION MANAGEMENT,"
reading by title only and waiving further reading thereof. Second
by Councilmember Greenberg. The motion was approved by the
following vote:
Staff Report
Council vote: Unanimously approved 7-0
8-F: HEIGHT ON UPSLOPING PARCELS IN OP2/VARIANCES TO PERMIT AN
ADDITIONAL STORY: Presented was an ordinance for introduction and
first reading amending Santa Monica Municipal Code Section
9.04.08.50.060 regarding height on upsloping parcels in the OP2
Zoning District, and Section 9.04.20.10.030 regarding variances to
permit an additional story for structures meeting specified
criteria (Text Amendment 93-006). At 10:17 P.M., Mayor Abdo
declared the public hearing open. There being no one wishing to
speak, Mayor Abdo closed the public hearing. Mayor Abdo moved to
introduce for first reading an ordinance entitled: "AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA
MONICA MUNICIPAL CODE SECTION 9.04.08.50.060 REGARDING HEIGHT ON
UPSLOPING PARCELS IN THE OP2 ZONING DISTRICT, AND SECTION
9.04.20.10.030 REGARDING VARIANCES TO PERMIT AN ADDITIONAL STORY
FOR STRUCTURES MEETING SPECIFIED CRITERIA," reading by title only
and waiving further reading thereof. Second by Mayor Pro Tempore
V zquez. The motion was approved by the following vote:
Staff Report
Council vote: Unanimously approved 7-0
9-A: REGULATION OF PRIVATE REFUSE/RECYCLING/DEMOLITION: Presented
was the staff report recommending direction to the City Attorney to
prepare an ordinance requiring those who provide private refuse,
recycling, or demolition handling services to commercial,
institutional, and industrial sectors to be regulated through an
annual permit process. Council asked questions of staff. Member
of the public Joy Fullmer expressed her concerns. Mayor Abdo moved
to direct the City Attorney to draft an ordinance whereby private
firms providing solid waste handling services to the commercial
sector within the City be permitted to operate providing permits
are obtained from the City, and conditions identified therein
annually by the Director of General Services are complied with;
permit conditions must meet existing Municipal Code requirements
and AB939 provisions; permits will be renewed annually for a fee
set by resolution and performance bonds will be collected from
applicants. Second by Councilmember
Holbrook. The motion was approved by the following vote:
Staff Report
Council vote: Unanimously approved 7-0
9-B: CONGESTION MANAGEMENT PROGRAM: Presented was the staff
report recommending adoption of a resolution finding the City to be
in compliance with the 1992 Congestion Management Program (CMP) and
approving the CMP conformance checklist. Mayor Pro Tempore V zquez
moved to adopt Resolution No. 8629(CCS) entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF SANTA MONICA FINDING THE CITY TO BE
IN COMPLIANCE WITH THE 1992 CONGESTION MANAGEMENT PROGRAM (CMP) AND
APPROVING THE CMP CONFORMANCE CHECKLIST," reading by title only and
waiving further reading thereof. Second by Councilmember
Rosenstein. The motion was approved by the following vote:
Staff Report
Council vote: Unanimously approved 7-0
Councilmember Rosenstein moved to re-order the agenda and hear Item
Nos. 10-A and 10-B, followed by Item No. 14-A, and then Item No.
9-C. Discussion was held. Second by Councilmember Greenberg.
Discussion was held. The motion failed, Councilmembers Genser,
Olsen, V zquez, and Mayor Abdo opposed.
9-C: LOCAL COASTAL ART PLAN: Presented was the staff report
recommending adoption of the Santa Monica Local Coastal Art Plan.
Council asked questions of staff. Mayor Pro Tempore V zquez moved
to extend the meeting to 11:30 P.M. Second by Councilmember
Genser. The motion was approved, Councilmember Rosenstein opposed.
Members of the public Dennis Zane, Jascha Kessler, Bruria Finkel,
Jerry Rubin, and Roger Genser spoke in support of the adoption of
the Local Coastal Art Plan. Member of the public Joy Fullmer
expressed her concerns. Members of the public Louise Gabriel and
Bob Gabriel spoke in opposition to the adoption of the Local
Coastal Art Plan. Councilmember Rosenstein moved to continue the
meeting for fifteen minutes. Second by Councilmember Greenberg.
The motion was unanimously approved. Member of the public Maya
Emsden spoke in support of the adoption of the Local Coastal Art
Plan. Councilmember Genser moved to hear a late speaker. Second
by Councilmember Olsen. The motion was approved, Councilmember
Holbrook opposed. Member of the public David Slov expressed his
concerns. Mayor Pro Tempore V zquez moved to adopt the Santa
Monica Local Coastal Art Plan as approved by the Arts Commission,
Pier Restoration Corporation, and Recreation and Parks Commission.
Second by Councilmember Genser. Discussion was held. The motion
was approved by the following vote:
Staff Report
Council vote: Affirmative: Councilmembers V zquez, Rosenstein,
Olsen, Greenberg, Genser, Mayor Abdo
Negative: Councilmember Holbrook
Councilmember Rosenstein moved to extend the meeting for 15 minutes
to consider Item 14-A. Second by Councilmember Holbrook. The
motion failed with Councilmembers Genser, Olsen, V zquez, and Mayor
Abdo voting no.
Councilmember Rosenstein was excused from the meeting at 11:45 P.M.
Councilmember Genser moved to continue the meeting to allow Item 15
to be heard. The motion was duly seconded and was approved with
Councilmembers Greenberg and Holbrook voting no. Councilmember
Rosenstein was absent.
10-A: REPAIR OF DAMAGED SIDEWALKS/DRIVEWAYS/CURBS/REMOVE DAMAGED
PAVEMENT IN PARKWAY: The public hearing on the confirmation of
assessment of costs to repair damaged sidewalks, driveways, curbs
and remove damaged pavement in the parkway areas on various streets
(SR-93-188) was continued to the meeting of August 3, 1993.
Staff Report
10-B: ASSESSMENT DISTRICT/RECONSTRUCTION/4TH COURT AND 9TH COURT:
The public hearing to establish an assessment district for the
reconstruction of 4th Court between Colorado Avenue and Broadway,
and 9th Court from Olympic Boulevard to 476 feet north was
continued to the meeting of August 3, 1993.
Staff Report
14-A: ANNUAL APPOINTMENTS/BOARDS AND COMMISSIONS: The annual
appointments of members to Boards and Commissions was continued to
the meeting of August 3, 1993.
15: PUBLIC INPUT: Member of the public Courigo Querido addressed
Council.
ADJOURNMENT: At 11:55 P.M., the meeting was adjourned in memory of
Francis Kennen and Richard Cruz, to August 3, 1993, at 6:30 P.M.
ATTEST: APPROVED:
Clarice E. Dykhouse Judy Abdo
City Clerk Mayor