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Council Meeting: 10/17/95 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Recommendation to Introduce for First Reading an
Ordinance to Amend the Zoning Ordinance to Require Deed
Restrictions for Certain Projects in Commercial Districts
Which Receive a Density or Height Bonus
INTRODUCTION
This report recommends that the City Council conduct a public
hearing and introduce for first reading the proposed Ordinance
which would amend the Zoning Ordinance for the BCD, C2, C3, C3-C,
C4, C6 and CM Zoning Districts to place deed restrictions on
residential units developed within projects in commercial zoning
districts that receive a density or height bonus. These deed
restrictions would ensure that the residential units would remain
in residential use for the life of the project and could not be
converted to non-residential uses.
BACKGROUND
In July, 1993, the City Council adopted new development standards
which permit residential uses by right in all commercial
districts and provide for an FAR and height bonus for residential
uses in most commercial districts if a specified amount of the
project is residential and certain other requirements are met. As
a follow-up to Council action, staff has drafted a Zoning
Ordinance amendment to protect these residential units from
conversion to non-residential uses. The proposed Ordinance would
require that residential units in projects in commercial zoning
districts which receive a density or height bonus be deed
restricted to remain in residential use for the life of the
project.
CEQA STATUS
The proposed Text Amendments are categorically exempt from the
provisions of the California Environmental Quality Act (CEQA)
pursuant to Class 5 of the City of Santa Monica Guidelines for
the Implementation of CEQA.
PLANNING COMMISSION RECOMMENDATION
On April 12, 1995 the Planning Commission adopted a Resolution of
Intention announcing its intention to hold a public hearing to
consider amending the Zoning Ordinance to deed restrict the
residential units as outlined above.
On May 17, 1995 the Planning Commission conducted a public
hearing and recommended that the City Council conduct a public
hearing to consider the matter and adopt an Ordinance with the
amendments to the Zoning Ordinance as contained in Attachment A.
ANALYSIS
The Zoning Text Amendments contained in the proposed Ordinance
would prevent developments located in commercial zoning districts
which received a density or height bonus for including
residential units, from converting the residential units to non-
residential uses. The deed restriction language would be in
effect for the life of the project.
General Plan Conformance
The proposed Text Amendments are consistent with policies
contained in the Housing Element of the General Plan. In
particular, Housing Element Policy #A-1.4 states: "Encourage and
create incentives for the development of housing in conjunction
with commercial development where appropriate." Additionally,
Housing Element Policy # B-1.2 states: "Discourage the conversion
of residential properties (including SRO housing) to other non-
residential uses."
BUDGET/FINANCIAL IMPACT
The proposed Text Amendments will have no budget/financial
impact.
STAFF RECOMMENDATION
It is recommended that the City Council conduct a public hearing
and introduce for first reading the proposed Ordinance to amend
the Zoning Ordinance for the BCD, C2, C3, C3-C, C4, C6 and CM
Zoning Districts based upon the following findings:
FINDINGS
1. The proposed Text Amendments are consistent in principle
with the goals, objectives, policies, land uses and programs
of the City's General Plan, specifically with Housing
Element Policy Statements #A- 1.4 and #B-1.2. These policies
call for City action to encourage housing production in
commercial zones and to preserve housing units created in
these areas.
2. The public health, safety and general welfare requires the
adoption of the proposed Text Amendment language in order to
preserve and encourage housing production throughout the
commercial zoning districts of the City.
Prepared by: Suzanne Frick, Director, PCD
Karen Ginsberg, Planning Manager
Paul Foley, Associate Planner
Attachments:
A. Proposed Ordinance Amending the Comprehensive Land
Use and Zoning Ordinance
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City Council Meeting 10-17-95 Santa Monica, California
ORDINANCE NUMBER ____(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING ARTICLE IX
OF THE MUNICIPAL CODE TO REQUIRE DEED RESTRICTIONS
FOR CERTAIN PROJECTS IN COMMERCIAL DISTRICTS
WHICH RECEIVE A DENSITY OR HEIGHT BONUS
WHEREAS, existing Zoning Ordinance provisions grant a density
or height bonus for projects in commercial districts which include
a specified amount of area devoted to residential use and meet
other criteria; and
WHEREAS, a mechanism is needed to prevent buildings receiving
such a bonus from being converted to non-residential or other uses
inconsistent with the terms of the bonus; and
WHEREAS, the City is desirous of insuring that the residential
units in projects which receive density or height bonuses remain in
residential use for the life of the project; and
WHEREAS, the Housing Element of the General Plan contains
Policy Statements #A- 1.4 and #B-1.2 which call for City action to
encourage housing production in commercial zones and to preserve
housing units created in these areas; and
WHEREAS, on April 12, 1995, the Planning Commission adopted a
Resolution of Intention announcing its intention to recommend
amendment of the Comprehensive Land Use and Zoning Ordinance to
deed restrict residential units in projects located in commercial
zoning districts which receive density or height bonuses; and
WHEREAS, the Planning Commission held a public hearing on the
proposed Zoning Text Amendments on May 17, 1995, and made
recommendations to the City Council to adopt such amendments; and
WHEREAS, the City Council held a public hearing on the
proposed Zoning Text Amendments; and
WHEREAS, the City Council finds and declares that the proposed
Zoning Text Amendments are consistent in principle with the goals,
objectives, policies, land uses, and programs specified in the
Housing Element of the General Plan in that the Housing Element
calls for City action to encourage housing production and preserve
housing units in commercial zones; and
WHEREAS, the public health, safety and general welfare require
the adoption of the proposed Text Amendments in order to preserve
and encourage housing production throughout the commercial zoning
districts of the City,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
Section 1. Section 9.04.08.14.065 is hereby added to the
Santa Monica Municipal Code to read as follows:
9.04.08.14.065 Deed Restrictions.
Prior to issuance of a building permit
for a project which has received a density or
height bonus pursuant to this Part, the
applicant shall submit, for City review and
approval, deed restrictions or other legal
instruments setting forth the residential use
requirements for the project. Such
restrictions shall be effective for the life
of the project.
SECTION 2. Section 9.04.08.16.065 is hereby added to the
Santa Monica Municipal Code to read as follows:
9.04.08.16.065 Deed Restrictions.
Prior to issuance of a building permit
for a project which has received a density
bonus pursuant to this Part, the applicant
shall submit, for City review and approval,
deed restrictions or other legal instruments
setting forth the residential use requirements
for the project. Such restrictions shall be
effective for the life of the project.
SECTION 3. Section 9.04.08.18.065 is hereby added to the
Santa Monica Municipal Code to read as follows:
9.04.08.18.065 Deed Restrictions.
Prior to issuance of a building permit
for a project which has received a density or
height bonus pursuant to this Part, the
applicant shall submit, for City review and
approval, deed restrictions or other legal
instruments setting forth the residential use
requirements and retail use restrictions for
the project. Such restrictions shall be
effective for the life of the project.
SECTION 4. Section 9.04.08.20.065 is hereby added to the
Santa Monica Municipal Code to read as follows:
9.04.08.20.065 Deed Restrictions.
Prior to issuance of a building permit
for a project which has received a density or
height bonus pursuant to this Part, the
applicant shall submit, for City review and
approval, deed restrictions or other legal
instruments setting forth the residential use
requirements and retail use restrictions for
the project. Such restrictions shall be
effective for the life of the project.
SECTION 5. Section 9.04.08.22.065 is hereby added to the
Santa Monica Municipal Code to read as follows:
9.04.08.22.065 Deed Restrictions.
Prior to issuance of a building permit
for a project which has received a density or
height bonus pursuant to this Part, the
applicant shall submit, for City review and
approval, deed restrictions or other legal
instruments setting forth the residential use
requirements of the project. Such
restrictions shall be effective for the life
of the project.
SECTION 6. Section 9.04.08.26.065 is hereby added to the
Santa Monica Municipal Code to read as follows:
9.04.08.26.065 Deed Restrictions.
Prior to issuance of a building permit
for a project which has received a density or
height bonus pursuant to this Part, the
applicant shall submit, for City review and
approval, deed restrictions or other legal
instruments setting forth the residential use
requirements for projects. Such restrictions
shall be effective for the life of the
project.
SECTION 7. Section 9.04.08.28.065 is hereby added to the
Santa Monica Municipal Code to read as follows:
9.04.08.28.065 Deed Restrictions.
Prior to issuance of a building permit
for a project which has received a density or
height bonus pursuant to this Part, the
applicant shall submit, for City review and
approval, deed restrictions or other legal
instruments setting forth the residential use
requirements for the project. Such
restrictions shall be effective for the life
of the project.
SECTION 8. Any provision of the Santa Monica Municipal Code
or appendices thereto inconsistent with the provisions of the
Ordinance, to the extent of such inconsistencies and no further,
are hereby repealed or modified to that extent necessary to effect
the provision of this Ordinance.
SECTION 9. 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 competent
jurisdiction, such decision shall not affect 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 10. 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:
MARSHA JONES MOUTRIE
City Attorney