ITEM 8-C
Council Meeting: December 14, 1993 Santa Monica, California
TO: Mayor and City Council
FROM: City staff
SUBJECT: Recommendation to Approve the Initial Study and Negative
Declaration for the Low-Flow Stormwater Treatment
Facility; Amend the Zoning Ordinance Text for Residential
Visitor Commercial Districts and to make Permanent
Interim Development Standards for Parcels Zoned RVC
Located on Pacific Coast Highway Between the Santa Monica
Pier on the South and the North City Limits; and Amend
the Land Use Plan of the Local Coastal Program.
INTRODUCTION
This Text Amendment and Land Use Plan Amendment are required in
order to permit an expansion of the existing Moss Avenue sewage
pumping station to treat low-flow stormwater run-off and to provide
for the continued existence of the beach maintenance facility
located adjacent to the Pier. In addition, in January 1993, the
City Council adopted interim development standards for the RVC
zoned parcels located along Pacific Coast Highway between the Pier
and the north City limits. In order to minimize the number of
amendments to the RVC District of the Zoning Ordinance, these
amendments have been combined.
Staff is recommending that the City Council conduct a public
hearing on the matter, approve the Initial Study and Proposed
Negative Declaration for the low-flow stormwater treatment
facility, adopt the proposed text amendment to the RVC District,
and amend the Land Use Plan of the Local Coastal Program.
BACKGROUND
The proposed text amendment to permit outdoor public utilities and
maintenance service yards resulted from a proposal by the City of
Santa Monica's General Services Department to develop a low-flow
stormwater treatment facility at 1615-1625 Appian Way, which is
located in a Residential Visitor Commercial (RVC) District. The
proposed project consists of a state-of-the-art low-flow stormwater
treatment facility utilizing an innovative ozone disinfection
process. Low or dry weather stormwater flow from the Pico-Kenter
Storm Drain will be diverted into an existing 18" diameter pipe
located beneath the Beach Promenade. The water will flow by
gravity to the intersection of Moss Avenue and Appian Way and be
combined with water from the Santa Monica Pier Storm Drain. Both
flows will be treated in a series of structures which will screen
the solid material such as leaves, paper, etc., filter smaller
particles, separate oil and water, disinfect the water using an
ozone process and then recycle the treated water. At present, there
is a sewage pumping station and generator at this location.
Additionally, staff is recommending the text amendment to permit
the continuing operation of the City's beach maintenance facility
located at 1540 The Promenade. Both the sewage pumping station and
the beach maintenance facility pre-date the standards adopted as
part of the 1988 Zoning Ordinance. SMMC Section 9.04.08.12
presently does not permit these uses in the RVC zoning district;
therefore, any modification or expansion is severely limited. The
proposed amendment language is presented in Attachment A.
The City Council, in January, 1993, adopted interim development
standards for the RVC zoned parcels located along Pacific Coast
Highway between the Santa Monica Pier on the south and the north
city limits. The proposed Text Amendment would also modify SMMC
Section 9.04.08.12 to make the interim standards permanent as part
of the Zoning Ordinance. The proposed development standards are
consistent with those established by the City Council in January,
1993. These standards only apply to RVC zoned parcels north of the
Pier along Pacific Coast Highway, which are currently occupied by
existing beach clubs and consist of four sites.
ZONING TEXT AMENDMENT
The recommended Text Amendment would allow for the future placement
of the low-flow stormwater treatment facility at the Moss Avenue
pumping station location. The treatment facility is proposed on
City-owned land located at the terminus of the Pico-Kenter and
Santa Monica Pier storm drains thus enabling the facility to
capture 100% of the low-flow drainage. Approvals or review will
occur from various State, County, regional and local agencies prior
to the construction of the treatment facility. These agencies
include: 1) California Coastal Commission (permit approval); 2)
Caltrans (design approval); 3) Santa Monica Bay Restoration Project
(design review); 4) South Coast Air Quality Management District
(permit approval); 5) Regional Water Quality Control Board (permit
approval); 6) Planning Commission (design review); 7)
Architectural Review Board (design review) and 8) City Council
(award of contracts).
The proposed Text Amendment would also permit the continued
operation of the beach maintenance facility at its present location
and allow for a possible expansion if deemed necessary at some
future date.
Finally, the suggested Text Amendment would make permanent
Ordinance #1677, adopted by Council on March 23, 1993, which
established interim development standards for the RVC zoned parcels
on the Pacific Coast highway located between the Santa Monica Pier
to the south and the north city limits.
The proposed Zoning Ordinance text amendment language changes are
contained in Attachment B.
LAND USE PLAN AMENDMENT
The amendment to the policy language of the Land Use Plan of the
Local Coastal Program would permit outdoor public utilities in the
Santa Monica Pier subarea of the Local Coastal Zone. This amendment
to New Development Policy #59 of the Land Use Plan is necessary to
allow for the low-flow stormwater treatment facility at its
proposed location on Appian Way.
The proposed Land Use Plan text amendment is contained in
Attachment C.
CEQA ANALYSIS
An Environmental Impact Report was prepared and certified for the
City-wide Redistricting Project which examined the environmental
impacts of the interim development standards for the RVC-zoned
parcels on Pacific Coast Highway between the Santa Monica Pier to
the south and the north city limits. Therefore, no additional
environmental review for the permanent RVC standards is necessary
at this time.
An Initial Study has been prepared for the Low-Flow Stormwater
Treatment facility and a Proposed Negative Declaration is being
recommended subject to the adoption of the proposed Text Amendment
(Attachment A).
PLANNING COMMISSION RECOMMENDATION
The Planning Commission held a public meeting on these issues at
their meeting of September 29, 1993. The Commission expressed great
interest in the stormwater treatment project, welcomed the
opportunity to improve the quality of the beach waters and Santa
Monica Bay, and, in general, saw the facility as a showcase for
other coastal jurisdictions. However, the Commission also
expressed concern for the design of the facility given its
proximity to the Santa Monica Pier and adjacent existing and
proposed residential uses. Therefore, in their motion to approve
the Initial Study and Proposed Negative Declaration for the Low-
flow treatment facility, the Commission included an additional
mitigation measure to the Aesthetics Impacts section of the Initial
Study that requires project plans to return to the Planning
Commission for design review.
BUDGET/FINANCIAL IMPACTS
The estimated cost of the proposed treatment facility is
approximately $1.5 million which will be shared by the County and
City of Los Angeles and the City of Santa Monica, the apportionment
of which will be outlined in a cost sharing agreement between the
parties which will be executed prior to construction. It is
expected that the majority of funding will be provided by outside
sources. Potential funding sources for operations and maintenance
could be from water/wastewater fund revenues and/or a multi-agency
cost sharing agreement similar to that utilized for funding the
capital cost of facility construction.
STAFF RECOMMENDATION
It is recommended that the City Council approve the Initial Study
and Negative Declaration and adopt the proposed Text Amendments
based upon the following findings:
1. The proposed Text Amendment is consistent in principle
with the goals, objectives, policies, land uses and
programs of the City's General Plan, specifically with
Policy Statements contained in the Conservation Element,
including Policies #9, #11, #13, #14, and #15. These
policies call for City action to reclaim wastewater, to
provide adequate stormwater systems, and to maintain and
protect the environmental quality of the beach.
2. The public health, safety and general welfare requires
the adoption of the proposed Text Amendment to provide
for the improvement of the environmental quality of the
beach and to ensure that the Santa Monica Bay is
preserved.
3. The public health, safety and general welfare requires
the adoption of the proposed Text Amendment to establish
permanent development standards for those RVC zoned
parcels located on Pacific Coast Highway between the
Santa Monica Pier and the north city limits in that these
standards will protect existing view corridors and
preserve the scale of development that presently exists
along the Pacific Coast Highway.
It is the recommendation of staff that the City Council:
1. Approve the Initial Study and Negative Declaration for
the Low-Flow Stormwater Treatment Facility (Attachment
A);
2. Adopt the Ordinance amending the Zoning Ordinance for
Residential Visitor Commercial Districts as contained in
Attachment B; and
3. Adopt the Resolution amending the Land Use Plan of the
Local Coastal Program as contained in Attachment C.
Prepared by: Suzanne Frick, Acting Director
Paul Foley, Associate Planner
Land Use and Transportation
Management Department
Attachments:
A. Draft Initial Study, Low-Flow Stormwater Treatment Facility
B. Ordinance Amending the Zoning Ordinance Text for Residential
Commercial Districts
C. Resolution Amending the Land Use Plan of the Local Coastal
Program
RESOLUTION NO. ________
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA
AMENDING THE LAND USE PLAN OF THE
LOCAL COASTAL PROGRAM
WHEREAS, on October 15, 1991, the City Council adopted and
approved the Local Coastal Program document, containing the Land
Use Plan and Implementation Plan, for submission to the California
Coastal Commission for certification; and
WHEREAS, on July 28, 1992, the City Council adopted and
approved a Resolution authorizing the withdrawal of the
Implementation Plan section of the Local Coastal Program document
from consideration by the California Commission; and
WHEREAS, on August 11, 1992, the California Coastal Commission
certified the Land Use Plan with respect to certain geographic
areas of the City and with suggested modifications; and
WHEREAS, on September 15, 1992, the City Council adopted
Resolution No. 8478 which adopted the suggested modifications to
the Land Use Plan section of the Local Coastal Program document and
submitted its approval to the California Coastal Commission; and
WHEREAS, on September 29, 1993, the Planning Commission
reviewed and recommended approval of the Land Use Plan amendment,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to Public Resources Code Section 30512,
the City Council adopts the proposed language changes to the Land
Use Plan section of the Local Coastal Program document as contained
in Exhibit A and submits its approval to the Coastal Commission.
SECTION 2. The City Clerk shall certify to the adoption of
this Resolution, and thenceforth the same shall be in full force
and effect.
APPROVED AS TO FORM:
____________________________
Joseph Lawrence
Acting City Attorney
ORDINANCE NO. ________
(City Council Series)
A ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
AMENDING THE COMPREHENSIVE LAND USE AND ZONING ORDINANCE
FOR RESIDENTIAL COMMERCIAL DISTRICTS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Findings and Purpose. The City Council finds and
declares:
(a) In August, 1988, the City Council adopted Ordinance 1452
(CCS) implementing the current Comprehensive Land Use and Zoning
Ordinance.
(b) In January, 1993, the City Council adopted, by ordinance,
interim development standards for the Residential Visitor Commerial
(RVC) zoned parcels located along the Pacific Coast Highway between
the Pier and the northern City limits.
(c) On March 2, 1993, the City Council extended the ordinance
which established Interim Development Standards for the Residential
Visitor Commerial (RVC) zoned parcels located along the Pacific
Coast Highway between the Pier and the northern City limits for ten
months and fifteen days or until permananent standards can be
incorporated into the Comprehensive Land Use and Zoning Ordinance.
(d) The proposed standards are consistent with the development
standards for all other parcels in the vicinity.
(e) On September 29, 1993, the Planning Commission held a
public hearing, reviewed and voted to recommend approval of the
proposed Zoning Text amendments.
SECTION 2. The text amendment to the Comprehensive Land Use
and Zoning Ordinance, Part 9.04.08.12 Residential-Visitor
Commercial District is as follows:
(Bold indicates new text; strike-out indicates amended text):
Part 9.04.08.12 RVC Residential-Visitor Commercial District
9.04.08.12.010 Purpose
The RVC District is intended to protect the existing
residential mix in the area while providing for the concentration
and expansion of coastal-related, lodging, dining, recreation, and
shopping needs of tourists and others in the oceanfront area. The
RVC District is designed to preserve and enhance the unique scale,
character, and uses along the Promenade and on the Santa Monica
Pier. Development intensity is intended to accommodate new hotel
and other desired uses. The RVC District is also intended to
conditionally permit other uses such as office, new residential,
and cultural uses to ensure consistency with the goals, objectives,
and policies of the General Plan.
9.04.08.12.020 Permitted Uses.
The following uses shall be permitted in the RVC District, if
conducted within an enclosed building, except where otherwise
permitted:
(a) Arts and crafts shops.
(b) Camera shops.
(c) Convention and conference facilities.
(d) Entertainment and cultural uses.
(e) Gift or souvenir shops.
(f) Libraries.
(g) Marine oriented uses such as aquariums.
(h) Museums.
(i) Neighborhood grocery stores.
(j) Single-family dwellings placed on a permanent foundation
(including manufactured housing).
(k) Multi-family dwellings.
(l) Night Clubs within hotels.
(m) Retail uses that cater to the visiting public.
(n) Public parks and playgrounds.
(o) Residential uses existing at the time of adoption of this
Chapter.
(p) Restaurants.
(q) Schools.
(r) Skating rinks.
(s) Snack shops.
(t) Swim and health clubs.
(u) Outdoor public utilities and maintenance service yards.
(u) (v) The following uses if conducted on the Santa Monica Pier
or along The Promenade:
(1) Amusement and game arcades.
(2) Bait shops and fishing supplies.
(3) Exhibitions and games.
(4) Fish markets.
(5) Marine service stations and boat landings on the
Pier only.
(6) Night clubs.
(7) Sport fishing.
(v) (w) Accessory uses which are determined by the Zoning
Administrator to be necessary and customarily associated with, and
are appropriate, incidental, and subordinate to, the principal
permitted use.
(w) (x) Other uses determined by the Zoning Administrator to be
similar to those listed above and which are consistent and not more
disruptive or disturbing than permitted uses.
9.04.08.12.030 Uses subject to performance standards permit.
The following uses may be permitted in the RVC District
subject to the approval of a Performance Standards Permit:
(a) Automobile rental agencies.
(b) Sidewalk cafes.
9.04.08.12.035 Uses subject to use permit
(a) Outdoor newsstands.
9.04.08.12.040 Conditionally permitted uses.
The following uses may be permitted in the RVC District
subject to the approval of a Conditional Use Permit:
(a) Bed and breakfast facilities.
(b) Child day care centers.
(c) Eating and drinking establishments permitting alcoholic
beverages.
(d) General office uses except at the ground floor street
frontage.
(e) Hotels and motels.
(f) Outdoor displays and sales of the following items on
private property adjacent to either The Promenade or the streets
between The Promenade and Appian Way:
(1) Artwork and pottery.
(2) Flowers and plants.
(3) Handcrafted products and goods.
(4) Recreational equipment rentals such as
rollerskates, bicycles, and surfboards.
(5) Any other items determined by the Zoning
Administrator to be similar to those listed above.
(g) Parking facilities.
(h) Shelters for the homeless.
(i) Theaters only in the Pier Overlay.
9.04.08.12.050 Prohibited uses.
(a) Cinemas.
(b) Rooftop parking on parcels directly abutting, or
separated by an alley from, a residential district.
(c) Any use not specifically authorized.
9.04.08.12.060 Property development standards.
All property in the RVC District shall be developed in
accordance with the following standards:
(a) Maximum Building Height and FAR. Maximum building
height, number of stories and floor area ratio shall be determined
as follows:
Properties Maxi-
Bounded by Maxi- mum No. Maxi-
the Following mum of mum
Streets Height Stories FAR
Pier Overlay: 30' 2 1.0
a. Santa 30' 2 1.0
Monica Pier.
The Deauville
site to the
north, Seaside
Terrace to the
south, The
Promenade to
the west, and
Ocean Avenue
to the east,
except parcels
fronting on
Ocean Avenue.
b. Parcels 30' 2 .5
fronting on
Ocean Avenue.
c. Replace- 40' 3 1.0
ment of Sinbad's
building only
on the Santa
Monica Pier.
d. Amuse- 85' for one Ferris Wheel;
ment rides 55' for one Roller Coaster;
on the Santa 45' for all other amusement
Monica Pier. rides.
West side of 45' 3 2.0
Ocean Avenue
from Pico
Boulevard to
Seaside Terrace
(Ocean Avenue
Fronting Parcels
Only).
East side of 45' 3 2.0
Ocean Avenue
to First Court
from Colorado
Avenue to
California Avenue.
Pico Boulevard 45' 3 2.0
to Vicente
Terrace from
west side of
Ocean Avenue
to The Prome-
nade.
For parcels 23' 2 0.5
located along flat roof
the Pacific
Coast Highway 30'
between the pitched roof*
Santa Monica
Pier and the
north city limits.
*A pitched roof is defined as a roof with at least two sides
having no less than one foot of vertical rise for every three feet
of horizontal run. The walls of the building may not exceed the
maximum height required for a flat roof.
There shall be no limitation on the number of stories of any
hotel or parking structure so long as the height does not exceed
the maximum number of feet permitted in this Section. Maximum
building height for the pier platform shall be measured from the
pier platform rather than average natural grade.
(b) Maximum Unit Density. For parcels located along the
Pacific Coast Highway between the Santa Monica Pier and the north
city limits, those parcels greater than 4,000 square feet, one
dwelling unit for each 1,500 square feet of parcel area is
permitted. For parcels less than 4,000 square feet, no dwelling
units shall be permitted except that one dwelling unit may be
permitted if a single family dwelling existed on the parcel on
September 9, 1988. No more than one dwelling unit shall be
permitted on a parcel 40 feet or less in width.
(c) Maximum Parcel Coverage. 70 percent except that for
parcels located along the Pacific Coast Highway between the Santa
Monica Pier and the north city limits, the maximum parcel coverage
shall be 50 percent.
(c) (d) Minimum Lot Size. 5,000 square feet. Each parcel shall
contain a minimum depth of 100 feet and a minimum width of 50 feet,
except that parcels existing on September 9, 1988 shall not be
subject to this requirement.
(d) (e) Front Yard Setback. 35 feet along the west side of Ocean
Avenue south of Colorado Avenue, 20 feet on the east side of Ocean
and 5 feet on all other streets except that for parcels located
along the Pacific Coast Highway between the Santa Monica Pier and
the north city limits, the front yard setback shall be 20 feet or
as shown on the Official Districting Map, whichever is greater. At
least 30% of the building elevation above 14 feet in height shall
provide an additional 5 foot average setback from the minimum
required front yard setback.
(e) (f) Rear Yard Setback. 15 feet, except that for parcels
located along the Pacific Coast Highway between the Santa Monica
Pier and the north city limits, the beach rear yard setback shall
be 15 feet for parcels 100 feet or less in depth, 55 feet for
parcels over 100 feet in depth.
(f) (g) Side Yard Setback. The side yard setback shall be
determined in accordance with the following formula, except for
lots of less than 50 feet in width for which the side yard shall be
10% of the parcel width but not less than 4 feet:
5 + (stories x lot width)
50'
For parcels located along the Pacific Coast Highway between the
Santa Monica Pier and the north city limits, at least 25% of the
side elevation above 14 feet in height shall provide an additional
4 foot average setback from the minimum side yard setback.
(g) (h) Development Review. A Development Review Permit is
required for any development of more than 15,000 square feet of
floor area in all areas of the District, and for any development
with rooftop parking.
(i) View Corridor. For parcels located along the Pacific
Coast Highway between the Santa Monica Pier and the north city
limits, any structure with 70 feet or more of frontage parallel to
Pacific Coast Highway shall provide an unobstructed view corridor
between Pacific Coast Highway and the Ocean. The view corridor
shall be a minimum of 20 feet in width and 40 feet in height
measured from the property line abutting and parallel to Pacific
Coast Highway.
(j) Parking. For parcels located along the Pacific Coast
Highway between the Santa Monica Pier and the north city limits,
uncovered parking may be located in the front half of the parcel
and within the required front yard setback.
9.04.08.12.070 Architectural review.
All new construction, new additions to existing buildings, and
any other exterior improvements that require issuance of a building
permit shall be subject to architectural review pursuant to the
provisions of Chapter 9.32 of this Article. The construction of a
single family dwelling shall be exempt from architectural review.
SECTION 3. Exemptions. The following projects are exempt from
the provisions of Section 2 of this Ordinance:
(a) Any building or structure sited on a Residential-Visitor
Commercial zoned parcel located on the Pacific Coast Highway north
of the Pier for which a building permit was issued on or before
April 23, 1993.
(b) Any building or structure sited on Residential-Visitor
Commercial zoned parcels other than those referenced in Section 3
(a) of this Ordinance for which a building permit was issued on or
before the effective date of this Ordinance.
(c) Any project sited on a Residential-Visitor Commercial
zoned parcel located on the Pacific Coast Highway north of the Pier
for which a vesting tentative map application was filed and deemed
complete on or before April 23, 1993.
(d) Any project sited on Residential-Visitor Commercial zoned
parcels other than those referenced in Section 3(a) of this
Ordinance for which a vesting tentative map application was filed
and deemed complete on or before the effective date of this
Ordinance.
SECTION 4. Any provision of the Santa Monica Municipal Code
or appendices thereto inconsistent with theprovisions of this
Ordinance, to the extent of such inconsistencies and no further,
are hereby epealed or modified to that extent necessary to effect
the provisions of this Ordinance.
SECTION 5. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not effect the validity of the
remaining portions of this Ordinance. The City Council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not declared
invalid or unconstitutional without regard to whether any portion
of the Ordinance would be subsequently declared invalid or
inconstitutional.
SECTION 6. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance. The City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
_____________________________
Joseph Lawrence
Acting City Attorney
Exhibit A
TEXT AMENDMENTS TO THE LAND USE PLAN OF THE LOCAL COASTAL PROGRAM
Proposed Text Amendments to Land Use Plan of the Local Coastal
Program:
Planning staff proposes a Text Amendment to New Development
Policy #59 as follows (Bold indicates new or amended text):
59. Uses on the Santa Monica Pier platform shall include
amusements, visitor serving uses, fishing, public areas,
facilities for administration of the Pier and adjacent water
area, cultural or visitor information uses, public parking and
bed and breakfast uses above the ground floor. New development on
the platform of the Pier added after the effective date of
Proposition S shall not exceed 140,000 square feet. Lighting
associated with development on the Pier shall be designed to
minimize impacts to surrounding residential uses. No residential
uses shall be permitted on the platform of the Pier.
On other parcels zoned RVC in this subarea all of the above uses
shall be permitted in addition to those associated with outdoor
public utilities. Residential uses may be permitted on these
other parcels provided such use is not located on the ground
floor.
ORDINANCE NO. ________
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS
9.04.08.12.020, 9.04.08.12.060, AND ADDING SECTION
9.04.08.12.080 RELATED TO PERMITTED USES AND TO
DEVELOPMENT STANDARDS IN THE
FOR RESIDENTIAL-VISITOR-COMMERCIAL DISTRICTS
WHEREAS, in August, 1988, the City Council adopted Ordinance
1452 (CCS) implementing the current Comprehensive Land Use and
Zoning Ordinance; and
WHEREAS, in January, 1993, the City Council adopted, by
ordinance, interim development standards for the Residential
Visitor Commercial (RVC) zoned parcels located along the Pacific
Coast Highway between the Pier and the northern City limits; and
WHEREAS, on March 2, 1993, the City Council extended the
ordinance which established Interim Development Standards for the
Residential Visitor Commercial (RVC) zoned parcels located along
the Pacific Coast Highway between the Pier and the northern City
limits; and
WHEREAS, the proposed standards are consistent with the
development standards for all other parcels in the vicinity; and
WHEREAS, on September 29, 1993, the Planning Commission held
a public hearing, reviewed and recommended approval of the proposed
standards.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 9.04.08.12.020
is amended to read as follows:
9.04.08.12.020 Permitted Uses.
The following uses shall be permitted in
the RVC District, if conducted within an
enclosed building, except where otherwise
permitted:
(a) Arts and crafts shops.
(b) Camera shops.
(c) Convention and conference facilities.
(d) Entertainment and cultural uses.
(e) Gift or souvenir shops.
(f) Libraries.
(g) Marine oriented uses such as
aquariums.
(h) Museums.
(i) Neighborhood grocery stores.
(j) Single-family dwellings placed on a
permanent foundation (including manufactured
housing).
(k) Multi-family dwellings.
(l) Night Clubs within hotels.
(m) Retail uses that cater to the
visiting public.
(n) Public parks and playgrounds.
(o) Residential uses existing at the
time of adoption of this Chapter.
(p) Restaurants.
(q) Schools.
(r) Skating rinks.
(s) Snack shops.
(t) Swim and health clubs.
(u) Outdoor public utilities and
maintenance service yards.
(u)(v) The following uses if conducted
on the Santa Monica Pier or along The
Promenade:
(1) Amusement and game arcades.
(2) Bait shops and fishing
supplies.
(3) Exhibitions and games.
(4) Fish markets.
(5) Marine service stations and
boat landings on the Pier only.
(6) Night clubs.
(7) Sport fishing.
(v)(w) Accessory uses which are
determined by the Zoning Administrator to be
necessary and customarily associated with,
and are appropriate, incidental, and
subordinate to, the principal permitted use.
(w)(x) Other uses determined by the
Zoning Administrator to be similar to those
listed above and which are consistent and not
more disruptive or disturbing than permitted
uses.
SECTION 2. Santa Monica Municipal Code Section
9.04.08.12.060 is amended to read as follows:
9.04.08.12.060 Property development
standards.
All property in the RVC District shall
be developed in accordance with the following
standards:
(a) Maximum Building Height and FAR.
Maximum building height, number of stories
and floor area ratio shall be determined as
follows:
(1) Properties Maxi-
Bounded by Maxi- mum No. Maxi-
the Following mum of mum
Streets Height Stories FAR
Pier Overlay: 30' 2 1.0
a. Santa 30' 2 1.0
Monica Pier.
The Deauville
site to the
north, Seaside
Terrace to the
south, The
Promenade to
the west, and
Ocean Avenue
to the east,
except parcels
fronting on
Ocean Avenue.
b. Parcels 30' 2 .5
fronting on
Ocean Avenue.
c. Replace- 40' 3 1.0
ment of Sinbad's
building only
on the Santa
Monica Pier.
d. Amuse- 85' for one Ferris Wheel;
ment rides 55' for one Roller Coaster;
on the Santa 45' for all other amusement
Monica Pier. rides.
West side of 45' 3 2.0
Ocean Avenue
from Pico
Boulevard to
Seaside Terrace
(Ocean Avenue
Fronting Parcels
Only).
East side of 45' 3 2.0
Ocean Avenue
to First Court
from Colorado
Avenue to
California Avenue.
Pico Boulevard 45' 3 2.0
to Vicente
Terrace from
west side of
Ocean Avenue
to The Prome-
nade.
For parcels 23' 2 0.5
located along flat roof
the Pacific
Coast Highway 30'
between the pitched roof
Santa Monica
Pier and the
north city limits.
(2) As used in this Section, a
pitched roof is defined as a roof with at
least two sides having no less than one foot
of vertical rise for every three feet of
horizontal run. The walls of the building
may not exceed the maximum height required
for a flat roof.
(3) There shall be no limitation on
the number of stories of any hotel or parking
structure so long as the height does not
exceed the maximum number of feet permitted
in this Section. Maximum building height for
the pier platform shall be measured from the
pier platform rather than average natural
grade.
(b) Maximum Unit Density. For parcels
located along the Pacific Coast Highway
between the Santa Monica Pier and the north
city limits, those parcels greater than 4,000
square feet, one dwelling unit for each 1,500
square feet of parcel area is permitted. For
parcels less than 4,000 square feet, no
dwelling units shall be permitted except that
one dwelling unit may be permitted if a
single family dwelling existed on the parcel
on September 9, 1988. No more than one
dwelling unit shall be permitted on a parcel
40 feet or less in width.
(c) Maximum Parcel Coverage. Seventy
(70) percent except that for parcels located
along the Pacific Coast Highway between the
Santa Monica Pier and the north city limits,
the maximum parcel coverage shall be 50
percent.
(c)(d) Minimum Lot Size. Five thousand
(5,000) square feet. Each parcel shall
contain a minimum depth of 100 feet and a
minimum width of 50 feet, except that parcels
existing on September 9, 1988 shall not be
subject to this requirement.
(d)(e) Front Yard Setback. Thirty-five
(35) feet along the west side of Ocean Avenue
south of Colorado Avenue, 20 feet on the east
side of Ocean and 5 feet on all other streets
except that for parcels located along the
Pacific Coast Highway between the Santa
Monica Pier and the north city limits, the
front yard setback shall be 20 feet or as
shown on the Official Districting Map,
whichever is greater. At least 30% of the
building elevation above 14 feet in height
shall provide an additional 5 foot average
setback from the minimum required front yard
setback.
(e)(f) Rear Yard Setback. Fifteen (15)
feet, except that for parcels located along
the Pacific Coast Highway between the Santa
Monica Pier and the north city limits, the
beach rear yard setback shall be 15 feet for
parcels 100 feet or less in depth, 55 feet
for parcels over 100 feet in depth.
(f)(g) Side Yard Setback. The side yard
setback shall be determined in accordance
with the following formula, except for lots
of less than 50 feet in width for which the
side yard shall be 10% of the parcel width
but not less than 4 feet:
5 + (stories x lot width)
50'
For parcels located along the Pacific
Coast Highway between the Santa Monica Pier
and the north city limits, at least 25% of
the side elevation above 14 feet in height
shall provide an additional 4 foot average
setback from the minimum side yard setback.
(g)(h) Development Review. A Development
Review Permit is required for any development of more
than 15,000 square feet of floor area in all areas of
the District, and for any development with rooftop
parking.
(i) View Corridor. For parcels located
along the Pacific Coast Highway between the
Santa Monica Pier and the north city limits,
any structure with 70 feet or more of
frontage parallel to Pacific Coast Highway
shall provide an unobstructed view corridor
between Pacific Coast Highway and the Ocean.
The view corridor shall be a minimum of 20
continuous feet in width measured from the
property line abutting and parallel to
Pacific Coast Highway and shall remain
unobstructed by any structure or portion
thereof.
(j) Parking. For parcels located along
the Pacific Coast Highway between the Santa
Monica Pier and the north city limits,
uncovered parking may be located in the front
half of the parcel and within the required
front yard setback.
SECTION 3. Section 9.04.08.12.080 is added to the Santa
Monica Municipal Code to read as follows:
Section 9.04.08.12.080 Exemptions.
The following projects are exempt from
the provisions of Section 9.04.08.12.060:
(a) Any building or structure sited on a
Residential-Visitor Commercial zoned parcel
located on the Pacific Coast Highway north of
the Pier for which a building permit was
issued on or before April 23, 1993.
(b) Any building or structure sited on
Residential-Visitor Commercial zoned parcels
other than those located on the Pacific Coast
Highway north of the Pier for which a
building permit was issued on or before the
effective date of this Ordinance.
(c) Any project sited on a Residential-
Visitor Commercial zoned parcel located on
the Pacific Coast Highway north of the Pier
for which a vesting tentative map application
was filed and deemed complete on or before
April 23, 1993.
(d) Any project sited on Residential-
Visitor Commercial zoned parcels other than
those located on the Pacific Coast Highway
north of the Pier for which a vesting
tentative map application was filed and
deemed complete on or before the effective
date of this Ordinance.
SECTION 4. Any provision of the Santa Monica Municipal Code
or appendices thereto inconsistent with the provisions of this
Ordinance, to the extent of such inconsistencies and no further,
are hereby repealed or modified to that extent necessary to
effect the provisions of this Ordinance.
SECTION 5. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not effect the validity of the
remaining portions of this Ordinance. The City Council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether
any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 6. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance. The City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
_____________________________
JOSEPH LAWRENCE
Acting City Attorney