Item 8-A
Council Meeting: 5/13/97 Santa Monica, CA
TO: Mayor and City Council
FROM: City Attorney
SUBJECT: Ordinance of the City Council of the City of Santa
Monica Amending Santa Monica Municipal Code Sections
9.04.08.38.050 and 9.04.08.38.090 Regarding
Conditionally Permitted Uses and Design Standards
Applicable to Parking Facilities in the "A" Off-street
Parking Overlay District
Introduction
At its meeting on May 6, 1997, the City Council introduced for
first reading an ordinance amending Santa Monica Municipal Code
Sections 9.04.08.38.050 and 9.04.08.38.090 regarding
conditionally permitted uses and design standards applicable to
parking facilities in the "A" off-street parking overlay
district. The ordinance is now being presented to the City
Council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying ordinance be
adopted.
ORDINANCE NUMBER ____(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA
MUNICIPAL CODE SECTIONS 9.04.08.38.050
AND 9.04.08.38.090 REGARDING
CONDITIONALLY PERMITTED USES AND DESIGN STANDARDS
APPLICABLE TO PARKING FACILITIES
IN THE "A" OFF-STREET PARKING OVERLAY DISTRICT
WHEREAS, an application was filed to amend the Zoning
Ordinance to conditionally permit municipal parking structures,
either above or below grade, and to allow access to parking
facilities within in a required side yard, under certain
circumstances in the "A" Off-Street Parking Overlay District; and
WHEREAS, the Planning Commission held a public hearing on
the proposed amendment and made recommendations to the City
Council following the hearing; and
WHEREAS, the City Council held a public hearing on the
proposed amendment on April 29, 1997; and
WHEREAS, the City Council finds and declares that the
proposed amendment is consistent in principle with the goals,
objectives, policies, land uses, and programs specified in the
adopted General Plan, in that the allowance of a below-grade
parking structure and adequate access thereto is consistent with
the purpose of the "A" Off-Street Parking Overlay District which
is to provide adequate parking facilities to support important
commercial corridors and neighborhood commercial areas of the
City, while at the same time ensuring that each parking facility
will not adversely affect the environment or nearby residents, or
diminish the integrity of the residential district in which it is
located; and
WHEREAS, the public health, safety, and general welfare
require the adoption of the proposed amendment, in that in order
that the public health, safety, and general welfare will be
adequately protected any above-grade parking structure which
meets the required criteria will require approval of a
Conditional Use Permit ensuring that any parking structure will
not impair the integrity and character of the district in which
it is located; that the subject parcel is physically suitable for
the proposed use; that the proposed use is compatible with
existing and proposed lands uses on the site, within the district
and within the general area; that there are adequate utilities,
services and access; that the proposed use is consistent with the
goals, objectives and policies of the General Plan; and that the
proposed use will not result in an overconcentration of such uses
in the immediate area,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 9.04.08.38.050 of the Santa Monica
Municipal Code is amended to read as follows:
9.04.08.38.050 Conditionally permitted uses.
The following uses may be permitted in the A
Overlay District subject to the approval of a
Conditional Use Permit:
(a) All uses listed as Conditionally Permitted
Uses in the residential district in which the parcel is
located.
(b) Parking structures below the ground level if
all of the following conditions are met:
(1) The "A" parcel was in parking use on the
effective date of this Chapter.
(2) The facility is for the temporary
parking of transient motor vehicles and trucks.
(3) The parking structure is accessory to a
permitted commercial use.
(4) The surface level of the "A" parcel is
developed and maintained as landscaped open space for
the life of the commercial project.
(5) The entrance to the subterranean
structure is located on the commercially zoned parcel.
(c) Municipal parking structures, either above
grade or below grade, if all of the following
conditions are met:
(1) The parking structure replaces a
municipal surface parking lot.
(2) The parcel size is a minimum of 40,000
square feet.
(3) The parcel is located in the North of
Wilshire Overlay District.
SECTION 2. Santa Monica Municipal Code Section
9.04.08.38.090 is amended to read as follows:
9.04.08.38.090 Special design standards for all
parking facilities.
(a) Walls. Walls shall conform to the provisions
of Section 9.04.10.02.080.
(b) Use of Required Yards. There shall be no
access to parking permitted within the required side
yard, except access may be provided within a required
side yard that abuts a commercially-zoned parcel.
(c) Landscaping. At least fifty percent of the
required front yard area shall be landscaped pursuant
to the provisions of Part 9.04.10.04.
(d) Vehicle Access. Vehicle access to and from
all parking structures shall be located a minimum of
twenty feet or a greater distance if practical from any
residentially zoned parcel.
(e) Lighting. Lighting shall be provided pursuant
to the provisions of Section 9.04.10.02.270.
SECTION 3. 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 4. 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 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 5. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance. The City Clerk shall
cause this ordinance, or a summary thereof to be published once
in the official newspaper within 15 days after its adoption.
This Ordinance shall be effective 30 days from its adoption.
APPROVED AS TO FORM:
______________________________
MARSHA JONES MOUTRIE
City Attorney