5. Exclusions. Floor area devoted to the following shall not be included when determining required parking and loading spaces:
a. Automobile parking;
b. Loading areas;
c. Driveways, drive aisles, ramps;
d. Bicycle parking;
e. Showers or locker areas not associated with a physical training, personal service or instructional service; and
f. Outdoor dining and seating less than 200 square feet in size associated with restaurants.
65. Maximum Parking RequirementsLimitations. The maximum number of parking spaces allowed shall be based on use type as listed in the table in Section 9.28.060, Off-Street Parking.
The following rules apply when calculating maximum parking requirements:
a. Multiple Uses. When 2 or more principal uses are located on the same parcel, the estimated parking demand shall be the sum of the estimated demand of the various individual uses computed separately, in accordance with this Section, unless shared parking is approved pursuant to Section 9.28.180.
ab. Maximum Amount of Parking. When a use is subject to minimum parking requirements set forth in Section 9.28.060, Off-Street Parking, Tthe maximum allowable amount of parking shall be 2 spaces or 5%, more, whichever is greater, than the quantities specified in Section
9.28.060, except for permanent public parking. No additional parking is allowed in excess of the quantities specified in Section 9.28.060 for the Downtown Community Plan area in Section 9.28.060, Off-Street Parking. In order to obtain approval for permanent public parking in excess of these maximum allowable amounts, a Conditional Use Permit approved by the Planning Commission shall be required pursuant to Chapter 9.41, subject to the following additional required findings:
i. Parking provided in excess improves the pedestrian, transit, and bicycle network; ii. Vehicle movement on or around the project site associated with the excess parking does not unduly impact pedestrian spaces or movement, transit service, bicycle movement, or the overall traffic movement in the district; iii. Accommodating excess parking does not degrade the overall urban design quality of the project proposal;
iv. All above-grade parking is architecturally screened and the excess parking does not diminish the quality and viability of existing or planned landscape enhancements; and 128
8.A.b
Packet Pg. 246 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) v. Where off-street parking is proposed that exceeds the maximum quantities specified, such parking shall not be the principal use of the property. bc. Replacement of Existing Parking. If a site contains existing surface parking that serves as Code or permit-required parking for an off-site user, such parking spaces may be replaced on-site as part of any redevelopment of the site, and such replacement parking shall not be considered parking that exceeds the quantities specified in Section 9.28.060 for purposes of subsection (A)(5)(b).
cd. Parking Requirements of Other Governmental Entities. Should parking above the maximum be imposed by another governmental entity based on established minimum parking requirements, and such additional parking was not simply requested by the applicant, parking in the amount to meet the entity’s minimum requirements may be allowed.
6. Minimum Parking Requirements.
a. Downtown Community Plan Area. There is no minimum parking requirement. b. Citywide and Parking Overlay 1 Area. The minimum parking must comply with Section
9.28.060, except as elsewhere allowed in this Chapter. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2551CCS § 3, adopted August 8, 2017)
9.28.050 Parking Requirements by Zoning District (Reserved) To implement the parking policies of the General Plan, Zoning District parking requirements for those areas in the immediate vicinity of high quality transit stations or stops and the Memorial Park Specific Plan area differ from all other areas of the City. Figure 9.28.050 designates which areas constitute Parking Overlay Area 1, as referenced in Table 9.28.060, which lists the off-street parking requirements for areas Citywide (Excluding the Parking Overlay Area 1, Downtown Community Plan area, and Bergamot Area Plan area) and for Parking Overlay Area 1.
FIGURE 9.28.050: PARKING OVERLAY AREAS
129
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Packet Pg. 247 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2551CCS § 3, adopted August 8, 2017; Ord. No. 2576CCS § 8, adopted June 12, 2018)
9.28.060 Off-Street Parking
Off-street parking shall be provided in the quantities specified in Table 9.28.060, except as otherwise provided in this Chapter and Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units. If a proposed use is not listed in the table, the Director may determine appropriate parking requirements.
A. Applicability.
1. Minimum off-street parking requirements are set forth in Table 9.28.060. Notwithstanding the forgoing, minimum off-street parking requirements shall not apply to any of the following:
a. Land uses within one-half mile of a Major Transit Stop, except the following:
i. Hotels and Motels
130
8.A.b
Packet Pg. 248 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) ii. Bed and Breakfasts
b. Outside of one-half mile of a Major Transit Stop, all land uses within a Housing Project, except for those located within the Single-Unit Residential (R1) and Ocean Park Single-Unit Residential (OP1) zoning districts.
c. Additions, alterations, and enlargement of residential uses in existing buildings, including increases to the number of dwelling units and/or bedrooms. d. All land uses within the Downtown Community Plan area.
2. Maximum off-street parking requirements are set forth in Table 9.28.060 for land uses within the Downtown Community Plan and Section 9.28.040(A)(6)(a), above, for all other areas within the City.
TABLE 9.28.060: PARKING REGULATIONS BY USE AND LOCATION Land Use
Classification
Citywide (Excluding Parking
Overlay Area 1, Downtown
Community Plan Area, and
Bergamot Area Plan Area)
Projects Outside of One-Half
Mile of a Major Transit Stop
(minimum parking required)
Parking Overlay Area 1
Projects Within One-Half Mile of
a Major Transit Stop
(minimum parking required)
Downtown Community
Plan Area
(maximum parking allowed)
Residential Uses
Single-Unit Dwelling 2 spaces per dwelling unit N/A 2 spaces per dwelling unit Accessory Dwelling
Unit
1 space per dwelling unit 1 space per dwelling unitN/A N/A Junior Accessory
Dwelling Unit N/A N/A N/A
Duplex, MultipleUnit Dwelling
(See Section
9.22.060(C), By
Right Parking
Incentives, for
alternative parking
ratios)
Market Rate Units:
Guest = 1 space per 5 units
Studio, no bedrooms = 1 space per
unit
1 bedroom = 1.5 space per unit
2 or more bedrooms = 2 spaces per
unit
Market Rate Units:
Guest = 1 space per 10 units
Studio, no bedrooms = 1 space per
unit
1 bedroom = 1 space per unit
2 or more bedrooms = 1.5 spaces
per unit N/A
Market Rate Units:
Guest = 1 space per 15 units
Studio, no bedrooms = 0.5 space
per unit
1 bedroom = 0.5 space per unit
2 or more bedrooms = 1 space per
unit
Deed Restricted Affordable Units:
Studio, no bedrooms = 0.5 space
per unit
1 bedroom = 0.75 space per unit
2 or more bedrooms = 1 space per
unit
Deed Restricted Affordable Units:
Studio, no bedrooms = 0.5 space
per unit
1 bedroom = 0.5 space per dwelling
unit
2 or more bedrooms = 1 space per
dwelling unit N/A
Deed Restricted Affordable Units:
Guest = 1 space per 30 units
Studio, no bedrooms = 0.25 space
per unit
1 bedroom = 0.25 space per unit
2 or more bedrooms = 0.5 space
per unit
Senior Citizen
Multiple-Unit
Residential
0.5 space per unit
Guest = 1 space per 5 units
Low and moderate income units =
0.25 space per unit
N/A 0.5 space per unit
Guest = 1 space per 6 units
Low and moderate income units =
0.25 space per unit
0.5 space per unit
Guest = 1 space per 6 units
Low and moderate income units =
0.25 space per unit
Single-Room
Occupancy Housing
See Multiple-Unit Dwelling N/A See Multiple-Unit Dwelling See Multiple-Unit Dwelling Group Residential 0.5 space per bed N/A 0.5 space per bed 0.5 space per bed Congregate Housing 1 space per 5 beds N/A 1 space per 5 beds 1 space per 5 beds Senior Group
Residential
0.5 space per unit
Guest = 1 space per 5 units
Deed restricted affordable = 0.25
space per unit
N/A 0.5 space per unit
Guest = none required
Deed restricted affordable = 0.25
space per unit
0.5 space per unit
Guest = none required
Deed restricted affordable = 0.25
space per unit
Elderly and Long- 0.5 space per bed plus one visitor N/A 0.2 space per bed 0.2 space per bed 131
8.A.b
Packet Pg. 249 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) TABLE 9.28.060: PARKING REGULATIONS BY USE AND LOCATION Land Use
Classification
Citywide (Excluding Parking
Overlay Area 1, Downtown
Community Plan Area, and
Bergamot Area Plan Area)
Projects Outside of One-Half
Mile of a Major Transit Stop
(minimum parking required)
Parking Overlay Area 1
Projects Within One-Half Mile of
a Major Transit Stop
(minimum parking required)
Downtown Community
Plan Area
(maximum parking allowed)
Term Care space per 5 beds
Family Day Care
Large
None required other than what is
required for the existing residence
N/A None required other than what
is required for the existing residence
None required other than what is
required for the existing residence
Small None required other than what is
required for the existing residence
N/A None required other than what
is required for the existing residence
None required other than what is
required for the existing residence
Residential Facilities
Residential Care,
General
If more than 6 residents = 0.5 space
per bed plus 1 visitor space per 5
beds
N/A If more than 6 residents = 0.5
space per bed plus 1 visitor space
per 5 beds
If more than 6 residents = 0.5
space per bed plus 1 visitor space
per 5 beds
Residential Care,
Limited
None required other than what is
required for existing residence
N/A None required other than what
is required for existing residence
None required other than what is
required for existing residence
Residential Care,
Senior
If more than 6 residents = 0.25
space per bed plus 1 visitor space
per 5 beds
N/A If more than 6 residents = 0.25
space per bed plus 1 visitor space
per 5 beds
If more than 6 residents = 0.25
space per bed plus 1 visitor space
per 5 beds
If less than 6 residents = none other
than what is required for the
existing residence
N/A If less than 6 residents = none
other than what is required for the
existing residence
If less than 6 residents = none
other than what is required for the
existing residence
Hospice, General
If more than 6 residents = 0.25
space per bed plus 1 visitor space
per 5 beds
N/A If more than 6 residents = 1
space per 5 beds
If more than 6 residents = 1 space
per 5 beds
If less than 6 residents = none other
than what is required for the
existing residence
N/A If less than 6 residents = none
other than what is required for the
existing residence
If less than 6 residents = none
other than what is required for the
existing residence
Hospice, Limited None required other than what is
required for the existing residence
N/A None required other than what
is required for the existing residence
None required other than what is
required for the existing residence
Supportive Housing
If more than 6 residents = 0.5 space
per bed plus 1 visitor space per 5
beds
N/A If more than 6 residents = 1
space per 5 beds
If more than 6 residents = 1 space
per 5 beds
If less than 6 residents = none other
than what is required for the
existing residence
N/A If less than 6 residents = none
other than what is required for the
existing residence
If less than 6 residents = none
other than what is required for the
existing residence
Transitional Housing None other than what is required for residential type
N/A None other than what is
required for residential type
None other than what is required
for residential type
Public and Semi-Public Uses
Adult Day Care 1 space per 500 sq. ft. N/A 1 space per 500 sq. ft. 1 space per 500 sq. ft.
Child Care and Early
Education Facilities 1 space per 500 sq. ft. N/A 1 space per 500 sq. ft. 1 space per 500 sq. ft.
Colleges and Trade
Schools, Public or
Private
1 space per 80 sq. ft. of assembly or
classroom area or 1 space per every
4 fixed seats, whichever is greater
N/A 1 space per 100 sq. ft. of
assembly or classroom area or 1
space per every 5 fixed seats,
whichever is greater
1 space per 100 sq. ft. of assembly
or classroom area or 1 space per
every 5 fixed seats, whichever is
greater
Community Assembly 1 space for each 4 seats N/A 1 space for each 6 seats 1 space for each 6 seats Cultural Facilities 1 space per 300 sq. ft. N/A 1 space per 500 sq. ft. 1 space per 500 sq. ft.
Emergency Shelters 1 space per 10 beds N/A 1 space per 10 beds 1 space per 10 beds Hospitals and Clinics 1 space per 250 sq. ft. N/A 1 space per 250 sq. ft. 1 space per 250 sq. ft.
Schools, Public or
Private
Elementary and Middle Schools:
2 spaces per classroom
N/A Elementary and Middle
Schools:
Elementary and Middle Schools:
1.75 spaces per classroom
132
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Packet Pg. 250 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) TABLE 9.28.060: PARKING REGULATIONS BY USE AND LOCATION Land Use
Classification
Citywide (Excluding Parking
Overlay Area 1, Downtown
Community Plan Area, and
Bergamot Area Plan Area)
Projects Outside of One-Half
Mile of a Major Transit Stop
(minimum parking required)
Parking Overlay Area 1
Projects Within One-Half Mile of
a Major Transit Stop
(minimum parking required)
Downtown Community
Plan Area
(maximum parking allowed)
1.75 spaces per classroom
High Schools:
5 spaces per classroom
N/A High Schools:
4 spaces per classroom
High Schools:
4 spaces per classroom
Social Service Centers 1 space per 300 sq. ft. N/A 1 space per 300 sq. ft. 1 space per 300 sq. ft.
Commercial Uses
Animal Care, Sales, and Services
Grooming and Pet
Stores
See Retail Sales N/A See Retail Sales See Retail Sales
Kennel 1 space per 1,000 sq. ft. N/A 1 space per 1,000 sq. ft. 1 space per 1,000 sq. ft.
Pet Day Care
Services 1 space per 500 sq. ft. N/A 1 space per 1,000 sq. ft. 1 space per 1,000 sq. ft.
Veterinary Services See Medical Office N/A See Medical Office See Medical Office Automobile/Vehicle Sales and Service
Alternative Fuels and
Recharging Facilities
2 spaces for self-service station N/A 2 spaces for self-service station 2 spaces for self-service station 1 space per 100 sq. ft. of retail N/A 1 space per 100 sq. ft. of retail 1 space per 100 sq. ft. of retail Automobile Rental
1 space per 500 sq. ft. N/A 1 space per 500 sq. ft.
1 space per 1,000 sq. ft. of outdoor N/A
rental storage area
N/A 1 space per 1,000 sq. ft. of
outdoor rental storage area
Automobile Storage
Uses
1 space N/A 1 space -
Automobile/Vehicle
Sales and Leasing
1 space per 300 sq. ft. for offices
plus
1 space per 1,000 sq. ft. of net new
display area and requirements for
automobile repair where applicable
N/A 1 space per 300 sq. ft. for
offices plus
1 space per 1,000 sq. ft. of net new
display area and requirements for
automobile repair where applicable
1 space per 300 sq. ft. for offices
plus 1 space per 1,000 sq. ft. of
net new display area and
requirements for automobile
repair where applicable
Automobile/Vehicle
Repair, Major and
Minor
1 space per 500 sq. ft. of nonservice bay floor areaN/A 1 space per 500 sq. ft. of nonservice bay floor area1 space per 500 sq. ft. of nonservice bay floor area 2 spaces per service bay N/A 2 spaces per service bay 2 spaces per service bay Automobile/Vehicle
Washing
2 spaces for each washing stall, not
including the stall
N/A 2 spaces for each washing stall,
not including the stall
2 spaces for each washing stall,
not including the stall
Service Station
2 spaces if self-service station N/A 2 spaces if self-service station 2 spaces if self-service station 1 space per 100 sq. ft. of retail N/A 1 space per 100 sq. ft. of retail 1 space per 100 sq. ft. of retail Must follow requirements for repair
where applicable
N/A Must follow requirements for
repair where applicable
Must follow requirements for
repair where applicable
Banks and Financial Institutions
Banks and Credit
Unions
See Business, Professional, and
Creative Office
N/A See Business, Professional,
and Creative Office 1 space per 300 sq. ft.
Check Cashing
Businesses
See Business, Professional, and
Creative Office
N/A See Business, Professional,
and Creative Office N/A
Business Services
See Business, Professional, and
Creative Office
N/A See Business, Professional,
and Creative Office
See Business, Professional, and
Creative Office
Commercial Entertainment and Recreation
Cinemas 1 space per 4 seats N/A 1 space per 4 seats
Up to 99 seats = 1 space for every
8 fixed seats
> 99 seats = 1 space for every 5
fixed seats
Theaters 1 space per 4 seats N/A 1 space per 4 seats See Cinemas 133
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Packet Pg. 251 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) TABLE 9.28.060: PARKING REGULATIONS BY USE AND LOCATION Land Use
Classification
Citywide (Excluding Parking
Overlay Area 1, Downtown
Community Plan Area, and
Bergamot Area Plan Area)
Projects Outside of One-Half
Mile of a Major Transit Stop
(minimum parking required)
Parking Overlay Area 1
Projects Within One-Half Mile of
a Major Transit Stop
(minimum parking required)
Downtown Community
Plan Area
(maximum parking allowed)
Convention and
Conference Centers 1 space per 80 sq. ft. N/A 1 space per 100 sq. ft. 1 space per 100 sq. ft.
Large-Scale
Facilities 1 space per 80 sq. ft. N/A 1 space per 100 sq. ft. 1 space per 100 sq. ft.
Small-Scale
Facilities, less than
1,500 sq. ft.
1 space per 300 sq. ft. N/A 1 space per 300 sq. ft. 1 space per 500 sq. ft.
Small-Scale
Facilities, 1,500 sq.
ft. and more
1 space per 80 sq. ft. N/A 1 space per 100 sq. ft. 1 space per 500 sq. ft.
Instructional Services See Retail Sales N/A See Retail Sales See Retail Sales Eating and Drinking Establishments
Bars/Nightclubs/
Lounges
1 space per 50 sq. ft. N/A 1 space per 50 sq. ft. 1 space per 500 sq. ft.
Restaurants, less
than 2,500 sq. ft. 1 space per 300 sq. ft. N/A 1 space per 500 sq. ft. 1 space per 500 sq. ft.
Restaurants, 2,500 –
5,000 sq. ft. 1 space per 200 sq. ft. N/A 1 space per 200 sq. ft. 1 space per 500 sq. ft.
Restaurants, 5,000+
sq. ft. 1 space per 125 sq. ft. N/A 1 space per 125 sq. ft. 1 space per 300 sq. ft.
Restaurant Outdoor
Eating Areas, less
than 200 sq. ft.
None N/A None None
Restaurant Outdoor
Eating Areas, 200 sq.
ft. and more
Same as required for restaurant type
N/A Same as required for restaurant
type
Outdoor eating areas less than 500
sq. ft. = no additional parking.
Outdoor eating areas 500 sq. ft.
and more = same as required for
restaurant type.
Equipment Rental See Retail Sales N/A See Retail Sales See Retail Sales Food and Beverage Sales
Convenience Market See Retail Sales N/A See Retail Sales See General Market General Market less
than 2,500 sq. ft. 1 space per 300 sq. ft. N/A 1 space per 500 sq. ft. 1 space per 500 sq. ft.
General Market
2,500-5,000 sq. ft. 1 space per 250 sq. ft. N/A 1 space per 300 sq. ft. 1 space per 500 sq. ft.
General Market
5,000+ sq. ft. 1 space per 250 sq. ft. N/A 1 space per 300 sq. ft. 1 space per 300 sq. ft.
Liquor Stores See Retail Sales N/A See Retail Sales See General Market Funeral Parlors and
Mortuaries
1 space per 80 sq. ft. or 1 space per
4 seats, whichever is higher
N/A 1 space per 100 sq. ft. or 1
space per 6 seats, whichever is
higher
1 space per 100 sq. ft. or 1 space
per 6 seats, whichever is higher
Live-Work
1 space per unit plus N/A 1 space per unit plus 1 space per 500 sq.ft. 1 guest space per unit N/A 1 guest space per unit -
Lodging
Bed and Breakfast 1 space per room plus parking
required for dwelling unit 1 space per room 1 space per room Hotels and Motels 1 space per room plus 1 space per
200 sq. ft. of meeting and banquet
0.75 space per room plus 1 space
per 250 sq. ft. of meeting and
0.5 space per guest room plus 1
space for each 250 sq. ft. used for
134
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Packet Pg. 252 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) TABLE 9.28.060: PARKING REGULATIONS BY USE AND LOCATION Land Use
Classification
Citywide (Excluding Parking
Overlay Area 1, Downtown
Community Plan Area, and
Bergamot Area Plan Area)
Projects Outside of One-Half
Mile of a Major Transit Stop
(minimum parking required)
Parking Overlay Area 1
Projects Within One-Half Mile of
a Major Transit Stop
(minimum parking required)
Downtown Community
Plan Area
(maximum parking allowed)
space banquet space meetings and banquets.
Other uses such as bars,
restaurants, retail and services
which are open to the general
public shall provide parking as
required for the use at a rate ½ the
individual use.
Maintenance and
Repair Services
See Retail Sales See Retail Sales See Retail Sales
Nurseries and
Garden Centers
Interior spaces see Retail Sales, plus Interior space see Retail Sales, plus Interior space see Retail Sales, plus
1 space per 1,000 sq. ft. of outdoor
display and storage area
1 space per 1,000 sq. ft. of outdoor
display and storage area
1 space per 1,000 sq. ft. of
outdoor display and storage area
Offices
Business,
Professional,
Creative, less than
2,500 sq. ft.
1 space per 300 sq. ft. N/A 1 space per 500 sq. ft. 1 space per 500 sq. ft.
Business,
Professional,
Creative, 2,500+ sq.
ft.
1 space per 300 sq. ft. N/A 1 space per 450 sq. ft. 1 space per 500 sq. ft.
Medical and Dental,
less than 1,000 sq. ft. 1 space per 300 sq. ft. N/A 1 space per 300 sq. ft. 1 space per 300 sq. ft.
Medical and Dental,
1,000+ sq. ft. 1 space per 250 sq. ft. N/A 1 space per 250 sq. ft. 1 space per 300 sq. ft.
Walk-In Clientele See Business, Professional, and
Creative Office
N/A See Business, Professional,
and Creative Office
See Business, Professional, and
Creative Office
Personal Services
General Personal
Services
See Retail Sales N/A See Retail Sales See Retail Sales
Tattoo or Body
Modification Parlor See Retail Sales N/A See Retail Sales See Retail Sales Physical Training See Retail Sales N/A See Retail Sales See Retail Sales Retail Sales
Retail, less than
2,500 sq. ft. 1 space per 300 sq. ft. N/A 1 space per 500 sq. ft. 1 space per 500 sq. ft.
Retail, 2,500 – 5,000
sq. ft. 1 space per 300 sq. ft. N/A 1 space per 300 sq. ft. 1 space per 500 sq. ft.
Retail, 5,000 sq. ft. or
more
1 space per 300 sq. ft. N/A 1 space per 300 sq. ft. 1 space per 300 sq. ft.
Maintenance and
Repair Services
See Retail Sales N/A See Retail Sales
Nurseries and
Garden Centers
Interior spaces see Retail Sales, plus N/A Interior space see Retail Sales, plus
1 space per 1,000 sq. ft. of outdoor
display and storage area N/A 1 space per 1,000 sq. ft. of outdoor display and storage area Industrial Uses
Artist’s Studio 1 space per 400 sq. ft. N/A 1 space per 400 sq. ft. 1 space per 1,000 sq. ft. 135
8.A.b
Packet Pg. 253 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) TABLE 9.28.060: PARKING REGULATIONS BY USE AND LOCATION Land Use
Classification
Citywide (Excluding Parking
Overlay Area 1, Downtown
Community Plan Area, and
Bergamot Area Plan Area)
Projects Outside of One-Half
Mile of a Major Transit Stop
(minimum parking required)
Parking Overlay Area 1
Projects Within One-Half Mile of
a Major Transit Stop
(minimum parking required)
Downtown Community
Plan Area
(maximum parking allowed)
Commercial Kitchens 1 space per 300 sq. ft. N/A 1 space per 300 sq. ft. 1 space per 300 sq. ft.
Industry, General 1 space per 400 sq. ft. N/A 1 space per 400 sq. ft. N/A Industry, Limited 1 space per 400 sq. ft. N/A 1 space per 1,000 sq. ft. N/A Media Production
1 space per 400 sq. ft. of studio
space
N/A 1 space per 400 sq. ft. 1 space per 500 sq. ft. 1 space per 300 sq. ft. of editing space
1 space per 300 sq. ft. of
administrative space
Research and
Development 1 space per 300 sq. ft. N/A 1 space per 1,000 sq. ft. N/A Warehousing, Storage, and Distribution
Indoor Warehousing
and Storage 1 space per 1,000 sq. ft. N/A 1 space per 1,000 sq. ft. N/A Personal Storage 1 space per 4,000 sq. ft. N/A 1 space per 4,000 sq. ft. N/A Wholesaling and
Distribution 1 space per 1,000 sq. ft. N/A 1 space per 1,000 sq. ft. N/A (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2520CCS § 43, adopted June 14, 2016; Ord. No. 2536CCS § 8, adopted February 28, 2017; Ord. No. 2551CCS § 3, adopted August 8, 2017; Ord. No. 2649CCS § 31, adopted September 8, 2020)
9.28.070 Location of Parking
Required off-street parking and loading spaces shall be located on the same parcel as the use they serve, except as otherwise provided in this Chapter. Entrances to off-street parking and loading should be located on a non-primary façade, except as described below. Where a parcel contains more than 1 street frontage, the parking entrance should be located on the secondary street or alley. All efforts should be made to eliminate the impacts of parking entrances on main thoroughfares and transit-oriented streets. The requirements of this Section shall not apply to vehicles on display by an automobile dealer in a showroom or approved outdoor area unless otherwise specified by the ordinance codified in this Section.
A. Above-Ground Parking.
1. Residential Districts. Parking shall be located in the rear half of the parcel and at least 40 feet from a street-facing property line, except as provided below:
a. Single-Unit Residential Districts.
i. Required parking may be located in the front half of the parcel provided the parking is located behind the primary first-story façade facing the street. Required parking in the single-unit residential districts shall not be required to be located within an enclosed garage; however, allowable garages may be located in the front half of the parcel subject to the setback requirements of the Base District and the following:
i(1). Garage doors facing a public street shall be located at least 5 feet behind the primary façade facing the street, and never less than the required Base District setback.
136
8.A.b
Packet Pg. 254 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) ii(2). Projection into Front Yard Setback. In the R1 Single-Unit Residential District, a one-story garage attached to the primary structure with a maximum height of 14 feet, including parapets and railings, a maximum length of 25 feet, and with garage doors perpendicular to the public street, shall be allowed to project up to 6 feet into the required front yard if no alley access exists, but may not extend closer than 20 feet to the front property line.
ii. Accessory Dwelling Units and Junior Accessory Dwelling Units. Parking displaced by the establishment of an Accessory Dwelling Unit or Junior Accessory Dwelling Unit may be relocated in the front half of the parcel and an existing curb cut may be retained if parking meets dimensional requirements, hazardous visual obstruction standards, and is not located on a no backout street.
b. Multi-Unit Residential Districts. Parking may be located in the front half of the parcel in Multi-Unit Residential Districts provided that no part of a required front setback shall be used for parking purposes.
c. Garage Openings and Doors.
i. Garage Opening Setback. Garage openings shall be located the following minimum distances from parcel lines adjoining streets and alleys:
(1) Front-entry garage: 20 feet.
(2) Side-entry garage: 5 feet.
(3) Garage with alley access: 15 feet from centerline of alley. (4) Narrow parcels: For garages with rear vehicular access from an alley and located on a parcel 27 feet wide or less, the side setback adjacent to a street or another alley may be reduced to 3 feet.
(5) A minimum 22-foot turning radius is required from the garage to the opposite side of the street alley, drive aisle, or driveway.
ii. Garage Door Width. If a garage faces the front or street side parcel line, the garage doors shall not be more than 18 feet wide. A door to a single space shall not be more than 9 feet wide. Not more than 1 double garage may be entered from the side street side of a corner or a reversed corner parcel. However, within the Single-Unit Residential (R1) District, the following shall apply:
(1) Garage doors facing the public street may not exceed 16 feet in width unless located in the rear half of the parcel except as provided in Section 9.07.030(A). (2) On parcels 27 feet wide or less, no more than one garage door shall be permitted facing the public street, and the garage door shall not exceed 9 feet in width. d. Sloped Parcels. Garages may be located in the required front setback when the elevation of the ground at a point 50 feet from the front parcel line and midway between the side parcel lines differs 12 feet or more from the level of the curb or in all Ocean Park Districts where there is a change in existing grade of 10 feet or more between the midpoint of the front parcel line and the midpoint of the rear parcel line subject to the following:
i. Height shall not exceed 14 feet if a pitched roof, 11 feet for a flat roof, or 1 story; ii. No portion of the garage may be closer than 5 feet from the front property line; 137
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Packet Pg. 255 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) iii. The garage may not occupy more than 50 percent of the width of the front setback; and
iv. In all Ocean Park Districts, a garage that complies with subsections (i) through (iii) may be set back a distance equal to the average setback of garages on adjacent parcels if the interior garage width does not exceed 20 feet.
e. Along the Pacific Coast Highway. Uncovered parking may be located in the front half of the parcel and within the required front setback on parcel located along the Pacific Coast Highway between the Santa Monica Pier and the north City limits. f. Rooftop Parking. Rooftop parking is prohibited in all Residential Districts.
2. Mixed-Use and Non-Residential Districts.
a. Interior Side and Rear Setbacks. Above-ground parking that does not extend above the first floor level may be located within required interior side and rear setback provided above ground parking is set back a minimum of 5 feet from an interior parcel line adjacent to a Residential District.
b. Rooftop Parking.
i. Rooftop parking is prohibited in the following areas:
(1) Neighborhood Commercial Districts; and
(2) Except as authorized in Section 9.31.070(D)(6), within 50 feet of Residential Districts.
ii. Where permitted, rooftop parking areas shall be screened at their perimeters to prevent light spill onto adjacent properties. Non-skid or other similar surface treatment on both floors and ramps of the rooftop shall be required to prevent tire squeals. In order to minimize noise and air impacts, exhaust vents and other mechanical equipment shall be located as far from residential uses as feasible consistent with Chapter 8 of the Municipal Code.
B. Subterranean Parking Structures.
1. Required Setbacks. A subterranean parking structure may be constructed and maintained in any required setback area except in any required unexcavated areas.
2. Openings. All openings for ingress and egress facing the front parcel line shall be situated at or behind the front building line of the main building. There shall be no more than 1 vehicular opening facing the front parcel line for each main building. Pedestrian access openings are permitted.
3. Crossing Property Lines. Development located on 2 or more separate parcels may share common subterranean parking garages or link circulation between subterranean parking facilities only if the parcels are combined pursuant to Section 9.21.030, Development on Multiple Parcels.
C. Semi-Subterranean Parking Structures.
1. Front Setback. Semi-subterranean parking structures shall not be located within a required front setback.
2. Side and Rear Setback.
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Packet Pg. 256 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) a. On parcels less than 50 feet in width, a semi-subterranean parking structure may extend to both property lines and to the rear property line.
b. On parcels having a width of 50 feet or greater, a semi-subterranean parking structure may be constructed and maintained in any required side or rear setback area except in a required unexcavated area.
3. Openings. All openings for ingress and egress facing the front parcel line shall be situated at or behind the front building line of the main building. There shall be no more than 1 vehicular opening facing the front parcel line for each main building. Pedestrian access openings are permitted.
4. Parking Podium Height. The finished floor of the first level of the building or structure above the parking structure shall not exceed 3 feet above the average natural, sloped average natural, or theoretical grade of the parcel, except for openings for ingress and egress. (Added by Ord.
No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2520CCS § 25, adopted June 14, 2016; Ord. No. 2536CCS § 3, adopted February 28, 2017; Ord. No. 2567CCS § 5, adopted December 12, 2017; Ord. No. 2624CCS § 9, adopted November 12, 2019)
9.28.080 Loading Spaces
A. Purpose. Loading spaces are required to ensure adequate areas for loading purposes for all on-site uses so that commercial and passenger loading activities will be conducted without negatively affecting traffic safety or the quality of abutting public streets for people walking, bicycling, or driving. Loading spaces also facilitate low-car-use lifestyles by supporting shared delivery and passenger transportation services.
B. Applicability. The regulations in this Section shall apply to existing and proposed projects with new buildings, additions, or changes of use, and shall govern design of both required and non-required loading areas.
C. Submittal of Loading Plan. As part of the application for all applicable projects, a loading plan shall be submitted. The plan shall include a site plan dimensioning all required and non-required loading spaces and indicating the path of travel to the space and the path of travel for the goods or passengers from the loading space. The approved loading plan shall be retained on-site at all times and shall be made available to all site users.
D. Loading Space Dimensions. Loading spaces shall comply with the following standards, as required in this Section. Loading spaces shall not count as parking spaces.
1. A standard loading space shall be at least 30 feet long, 12 feet wide, and have a clearance of 14 feet.
2. A semi-tractor trailer loading space shall be at least 65 feet long, 15 feet wide, and have a clearance of 14 feet.
3. A passenger loading space shall be at least 18 feet long and 10 feet wide. Design should not reduce pedestrian orientation of the site or increase the number of curb-cuts and shall not require pedestrians to cross a driveway, parking aisle, alley, or street in order to reach the building entrance. The spaces must be accessible without a fee, key, or access card and located as close as practicable to the building entrance or passenger elevator.
E. Number of Loading Spaces Required. Projects shall provide loading spaces as follows:
1. Residential Only.
a. Projects with more than 50 units shall be required to provide 1 standard loading space. 139
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2. Commercial Only.
a. Projects with 2,500 or less square feet of floor area shall not be required to provide loading. b. Projects with 2,501 to 7,500 square feet of floor area shall provide 1 passenger loading space at grade or on the first parking level above or below grade. See SMMC
9.28.080.D.3[RF1].
c. Projects with 7,501 to 50,000 square feet of floor area shall provide 1 standard loading space; however, if the use includes a market, restaurant, or other food sales and service of more than 5,000 square feet of floor area, the required loading space shall be a semi-tractor trailer loading space.
d. Projects with 50,000 or more square feet of floor area shall provide 1 passenger loading space and one standard loading space; however, if the use includes a market, restaurant, or other food sales and service of more than 5,000 square feet of floor area, the required loading space shall be a semi-tractor trailer loading space.
3. Mixed-Use Projects. Mixed-use projects shall provide the required loading spaces for the use that requires the greater number of loading spaces. If the number of required loading spaces for the residential and commercial uses is equal, the loading space with the greater dimensional requirements shall be required.
4. Schools and Day Care Centers. Schools and day care centers shall provide loading spaces based on enrollment as follows:
Table 9.28.080.E.4: SCHOOLS AND DAY CARE CENTER LOADING SPACES Enrollment (students) Loading Requirement
1-20 2 Passenger
21-60 4 Passenger
61-299 6 Passenger
1 Standard
300 and over 8 Passenger
1 Standard
In addition, uses of this type with less than 61 students and an on-site cafeteria or similar food service shall provide one standard loading space.
5. All projects with more than 100,000 square feet of Commercial Use floor area: The Director may require additional loading spaces based on the project’s needs and site feasibility.
F. Location of Loading Spaces. Loading areas shall be located as follows:
1. All loading facilities shall be provided off-street and within the subject property. The Director may authorize up to one required on-street passenger loading space along a frontage curb for certain designated times for schools and Child Care and Early Education Facilities.
2. Loading spaces shall be located adjacent to building door openings.
3. Loading spaces shall be situated to minimize interference with automobile, pedestrian, and bicycle paths of travel.
4. Loading spaces shall be situated to avoid adverse impacts upon neighboring properties, including noise pollution.
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5. Loading spaces shall be accessible from an alley, or if no alley is adjacent to the site, a minor roadway.
6. Loading spaces shall be located in the required rear setback provided that it is not located in any required landscaped area and provided that no portion of a street or alley is counted as part of the required loading area.
G. Design of Loading Spaces.
1. Screening. Loading areas adjacent to residential uses or public streets or alleys shall be screened or a design shall be provided for approval by the Director.
2. Identification. Loading areas shall be designed, laid out, and clearly marked as being distinct from required parking spaces and aisles, unless the City approves the use of the parking area as an undesignated overlay loading area during non-business hours.
3. Obstructions Prohibited. No walkway, mechanical equipment, utility, waste collection/disposal receptacle, or other equipment or fixture may be placed in any loading area.
4. Wayfinding Signage. Loading space wayfinding signage is required for every site.
H. Loading Space(s) Driveways and Maneuvering Areas. Each on-site loading space required by this Chapter shall be provided with driveways for ingress and egress and maneuvering space of the same type and meeting the same criteria required for on-site parking spaces. Truck-maneuvering areas shall not encroach into required parking areas, travelways, or street rights-of-way. This requirement may be modified upon a finding by the Director that sufficient space is provided so that truckmaneuvering areas will not interfere with vehicle and pedestrian circulation.
I. Exceptions for Buildings under 10,000 Square Feet. Notwithstanding the requirements of this Chapter, a waiver or reduction in the number and/or dimensions of loading areas and spaces may be permitted by the Director for projects that will result in a total of less than 10,000 square feet on the property if it is determined that the only feasible location for a loading zone within the project boundaries will detract from the project’s pedestrian orientation and thereby not meet the City’s intent to create active, lively streetscapes.
J. Exceptions to Providing Semi-Tractor Trailer Loading. Notwithstanding the requirements of this Chapter, if a project is adjacent to an alley and the Director determines that the provision of parking for a semi-tractor trailer is not feasible, a 10-foot by 50-foot area parallel and adjacent to the alley may be dedicated for loading and unloading. No projections may be permitted if they would otherwise render the area inadequate for loading. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2520CCS § 26, adopted June 14, 2016; Ord. No. 2536CCS § 10, adopted February 28, 2017)
9.28.120 Parking Design and Development Standards
All off-street parking and loading areas except those used exclusively for stacked or valet parking, shall be designed and developed consistent with the following standards.
A. The design, location or position of any parking layout, entry, driveway, approach or accessway from any street or alley shall be approved by the Director.
B. Parking Access.
1. Driveways. Driveways must lead to parking spaces that comply with the design standards in this Section and all other applicable standards.
a. Single-Unit Residential and Ocean Parking Single-Unit Residential Districts. Subject to Section 9.28.120(B)(3), no more than one driveway to a public street is allowed on a parcel 141
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Packet Pg. 259 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) with less than 100 linear feet of street frontage, and no more than 2 driveways to a public street are allowed on a parcel with 100 linear feet or greater of street frontage. b. All Other Districts. Subject to subsection (B)(3), the number of driveways shall not be more than necessary to allow access in and out of a parcel and/or building.
2. Combined Entrances. Combining entrances for off-street parking with those for off-street loading is permitted.
3. Alley Access. Access to parking areas shall be from alleys. Curb cuts are prohibited except where a project site meets at least one of the following criteria:
a. The site has no adjacent side or rear alley having a minimum right-of-way of 15 feet.
Corner parcels with no adjacent side or rear alley must take access from the side street. b. The average slope of a multi-unit residential parcel is at least 5 percent. c. The Director determines that a curb cut is appropriate due to traffic, circulation, or safety concerns.
d. Commercial properties may have nonresidential parking access from side streets.
4. Hazardous Visual Obstructions. Parking areas and access shall comply with Section 9.21.180, Hazardous Visual Obstructions.
5. Gates. Gates across driveways shall be a minimum of 18 feet from the parcel line in all Residential Multi-Unit and Commercial Districts, if access is not from an alley. For parking lots or structures with more than 50 parking spaces, gates across driveways shall be a minimum of 36 feet from the parcel line, if access is not from an alley. Gates serving commercial uses that are designed to be open at all times during the on-site business’ hours are exempt.
6. Shared Access. Nonresidential projects are encouraged to provide shared vehicle and pedestrian access to adjacent nonresidential properties for convenience, safety, and efficient circulation. A joint access agreement guaranteeing the continued availability of the share access between the properties approved by the Director shall be recorded in the County Recorder’s office, in a form satisfactory to the City Attorney.
7. Street Access.
a. Parking areas of 4 or more spaces shall be provided with suitable maneuvering room so that all vehicles therein may enter an adjacent street in a forward direction. Vehicles using surface parking located within 25 feet of any alley may enter an adjacent alley by backing out.
b. New parking spaces shall be designed to allow the vehicles to enter the adjacent street in a forward direction on streets determined to be of specific characteristics where driving forward is required as determined by the Director.
8. Turning Maneuvers. Use of a parking space shall not require more than 3 vehicle maneuvers except as provided below.
a. Large Parking Areas. Parking areas with 20 or more parking spaces, up to 5 percent of the total number of parking spaces, with a maximum of 10 spaces, may require 4 turning maneuvers. Such spaces shall be distributed around the parking area(s) on the parcel. 142
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Packet Pg. 260 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) b. Pacific Coast Highway. Parcels with frontage less than 100 feet on Pacific Coast Highway may be able to access parking utilizing up to 4 maneuvers.
9. Driveway Width. Driveway width shall be maintained free and clear of all obstructions. a. The minimum width of a driveway serving 1 to 2 residences is 10 feet. Maximum width is 14 feet.
b. The minimum width of a driveway or ramp serving a commercial property or a residential property with more than 2 residences is as follows:
i. Parking areas with 1 to 20 Spaces. Single driveway at least 10 feet wide with a minimum apron width pursuant to the provisions of SMMC Section 7.04.180. ii. Parking areas with 21 to 40 Spaces. Double driveway at least 20 feet wide with a minimum apron width pursuant to the provisions of SMMC 7.04.180. iii. Parking areas with 41 or More Spaces. Number and type of driveway to be approved by the Director based on considerations of safety, efficiency, and effectiveness. c. Ramps for commercial properties must be 20 feet wide minimum to accommodate twoway traffic. d. The Director may reduce the driveway width as necessary and appropriate such that circulation, traffic, and safety concerns are adequately addressed.
C. Dimensional Requirements. Minimum parking dimensions shall comply with the standards approved by the Director.
1. Minimum Dimensions for Residential Garages and Carports. The width of any garage door shall be at least 8 feet for a single space and at least 16 feet for 2 spaces. Garages and carports serving residential uses shall be constructed to meet the following minimum inside dimensions and related requirements.
a. A single car garage or carport: 11.5 feet in width by 18 feet in length. b. A 2-car garage or carport: 20 feet in width by 18 feet in length, except a private 2-car garage lawfully in existence on May 5, 1999 may be maintained if the garage serves a single unit residence and has an unobstructed inside dimension of at least 18 feet in width by 18 feet in length.
2. Parking Spaces. Minimum parking dimensions shall comply with the standards approved by the Director. The area of any such space shall be exclusive of any driveways, aisles, and maneuvering areas.
3. Motorcycle spaces. Motorcycle parking spaces shall be no less than 4 feet wide and 8 feet long with an aisle width of no less than 10 feet.
4. Space Efficient Spaces. These requirements do not apply to parking spaces that qualify as space efficient under Section 9.28.090.
5. Storage Areas. Storage areas may be located above the parking space provided that they do not encroach into the length of the parking space by more than 3.5 feet and provided that the storage area is at least 4.5 feet above the floor.
D. Parking Lot Striping. Except in a garage or carport containing 2 or fewer parking spaces, all parking stalls shall be clearly outlined with striping, and all aisles, approach lanes, and turning areas shall be clearly marked with directional arrows and lines as necessary to provide for safe traffic 143
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Packet Pg. 261 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) movement. All parking spaces shall be clearly marked as compact, guest, carpool, or vanpool parking, if applicable.
E. Circulation and Safety.
1. Visibility shall be assured for pedestrians, bicyclists, and motorists entering individual parking spaces, circulating within a parking facility, and entering or leaving a parking facility. Exits from any subterranean or semi-subterranean parking structure shall provide sight distances which comply with standards established by the Director.
2. Parking lots shall be designed so that sanitation, emergency, and other public service vehicles can provide service without backing out unreasonable distances or making other dangerous or hazardous turning movements.
3. Separate vehicular and pedestrian circulation systems shall be provided where possible. Multiunit residential developments of 5 or more units must provide pedestrian access that is separate and distinct from driveways. Parking areas for commercial and mixed-use developments that are 80 feet or more in depth and/or include 25 or more parking spaces must have distinct and dedicated pedestrian access from the commercial use to parking areas and public sidewalks, according to the following standards:
a. Connection to Public Sidewalk. An on-site walkway shall connect the main building entry to a public sidewalk on street frontage. Such walkway shall be the shortest practical distance between the main building entry and sidewalk, generally no more than 125 percent of the straight-line distance.
b. Materials and Width. Walkways shall provide at least 5 feet of unobstructed width and be hard-surfaced.
c. Identification. Pedestrian walkways shall be clearly differentiated from driveways, parking aisles, and parking and loading spaces through the use of elevation changes, a different paving material, or similar method.
d. Separation. Where a pedestrian walkway is parallel and adjacent to an auto travel lane, it must be raised and separated from the auto travel lane by a raised curb at least 4 inches high, bollards, or other physical barrier.
4. Parking areas provided shall be arranged so as to be safe and convenient.
F. Wheel Stops. Concrete bumper guards or wheel stops shall be provided for all unenclosed parking spaces abutting landscaped areas, walls, or walkways. A 6-inch high concrete curb surrounding a landscape area at least 6 feet wide may be used as a wheel stop, provided that the overhang will not damage or interfere with plant growth or its irrigation. A concrete sidewalk may be used as a wheel stop if the overhang will not reduce the minimum required walkway width.
G. Slope.
1. Areas used exclusively for parking, excluding ramps, shall be designed and improved with grades not to exceed a 6.67 percent slope.
2. Slopes of all driveways and ramps used for ingress or egress of parking facilities shall be designed in accordance with the standards established by the Director but shall not exceed a 20 percent slope. Profiles of driveway, ramp, and grade details must be submitted to the City Parking and Traffic Engineer for approval whenever any slope exceeds 6 percent.
H. Landscaping. Up to 2 feet of the front of a parking space as measured from a line parallel to the direction of the bumper of a vehicle using the space may be landscaped with ground cover plans 144
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Packet Pg. 262 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) instead of paving. Landscaping of parking areas shall be provided and maintained according to the standards of Chapter 9.26, Landscaping.
I. Surfacing. All driveways and parking areas shall be surfaces with a minimum thickness of 2 inches of asphaltic concrete over a minimum thickness of 4 inches of base material or alternative equivalent material approved by the Director. No unpaved area shall be used for parking.
J. Drainage. All parking areas shall be designed to meet the requirements of Chapter 7.10, Runoff Conservation and Sustainable Management.
K. Screening. In addition to the requirements of Section 9.21.140, Screening, parking areas shall be screened from view from public streets and adjacent parcels in a more restrictive district, according to the following standards. Screening shall add to the visual diversity of the use and need not be an opaque barrier.
1. Height. Screening of surface parking lots from adjacent public streets shall be a minimum of 3 feet and a maximum of 3.5 feet in height. Screening of parking lots along interior parcel lines that abut Residential Districts shall be a minimum of 5 feet and a maximum of 6 feet in height, except within the required front setback of the applicable Zoning District, where screening shall be 3 feet in height.
2. Materials. Screening may consist of one or any combination of the methods listed below. a. Walls. Low-profile walls consisting of brick, stone, stucco, or other quality durable material approved by the Director, and including a decorative cap or top finish as well as edge detail at wall ends. Plain concrete blocks are not allowed as a screening wall material unless capped and finished with stucco or other material approved by the Director. b. Fences. An open fence of wrought iron or similar material combined with plant materials to form an opaque screen. Use of chain-link or vinyl fencing for screening purposes is prohibited.
c. Planting. Plant materials consisting of compact evergreen plants that form an opaque screen. Such plant materials must achieve a minimum height of 2 feet within 18 months after initial installation.
d. Berms. Berms planted with grass, ground cover, or other low-growing plant materials.
L. Lighting. Public parking areas designed to accommodate 10 or more vehicles shall be provided with a minimum of .05 foot-candle and a maximum of 3.0 foot-candles of light over the parking surface during the hours of use from 1/2 hour before dusk and until 1/2 hour after dawn.
1. Lighting design shall be coordinated with the landscape plan to ensure that vegetation growth will not substantially impair the intended illumination.
2. All artificial lighting used to illuminate a parking lot for any number of automobiles in any District shall be arranged so that all direct rays from such lighting fall entirely within such parking lot and be consistent with Section 9.21.080, Lighting.
M. Alternative Compliance. The Director may approve other screening plans, designs, and materials of equal area and screening which satisfy the intent of the screening standards.
N. Alternative Parking Area Designs. Where an applicant can demonstrate to the satisfaction of the Director that variations in the dimensions otherwise required by this Section are warranted in order to achieve environmental design and green building objectives, including, but not limited to, achieving certification under the LEEDTM Green Building Rating System or equivalent, an alternative parking area design may be approved.
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Packet Pg. 263 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) O. Maintenance. Parking lots, including landscaped areas, driveways, and loading areas, shall be maintained free of refuse, debris, or other accumulated matter and shall be kept in good repair at all times.
P. Compact Parking. Compact parking must be evenly distributed in parking areas or levels; it may not be located within 25 feet of an entrance/exit ramp from the public right- of -way, driveway or ground floor pedestrian entrance. A maximum of 40 percent of parking spaces may be compact. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2520CCS § 27, adopted June 14, 2016; Ord. No. 2536CCS § 12, adopted February 28, 2017; Ord. No. 2551CCS § 3, adopted August 8, 2017; Ord. No. 2567CCS § 6, adopted December 12, 2017; Ord. No. 2606CCS § 12, adopted April 9, 2019)
9.28.180 Reduction of Required Parking
The following exemptions shall apply to the requirements of off-street parking and loading requirements.
A. Parking Overlay Area 2. Nonresidential properties located within Parking Overlay Area 2 identified in Figure 9.28.050 may be eligible to provide parking at the Parking Overlay Area 1 rates specified in Table 9.28.060, Parking Regulations by Use and Location. The applicant shall have the burden of proof for a reduction in the total number of required parking spaces, and documentation shall be submitted substantiating the reasons for this requested parking reduction. Reduced parking shall be approved only if:
1. Compliance with transportation demand management requirements is demonstrated, or sufficient evidence is provided that the project will comply;
2. Documentation is provided to the satisfaction of the Director that the parking to be supplied will meet the needs of the on-site uses; and
3. Additional requirements, restrictions, or agreements as deemed necessary by the Director are included as a requirement(s) to ensure that the parking will satisfy the needs of the on-site uses.
By Right Parking Incentives Provided Under State Density Bonus Law. A project that is eligible under Section 9.22.040, Eligibility, shall be entitled to the parking incentives set forth in Government Code Section 65915(p).
B. City-Designated Historic Resources. For any principal or conditional use located in a CityDesignated Historic Resource, the required number of parking and loading spaces to be provided and maintained shall be the same as the number of spaces that existed on the site on July 6, 2010.
Existing parking facilities associated with designated landmarks shall be maintained. Within the Downtown Community Plan area, there shall be no minimum required number of parking or loading spaces to be provided and maintained for any principal or conditional use located in a CityDesignated Historic Resource. Existing parking or loading serving a City-Designated Historic Resource in the Downtown Community Plan area that was not required at the time the CityDesignated Historic Resource was originally entitled may be reduced without providing equivalent substitute facilities when such a reduction is necessary to allow for an addition to the City-Designated Historic Resource.
C. Car Share Spaces. Substitution of car-sharing spaces for required parking is allowed if all of the following are met:
1. For every car-sharing parking space that is provided, the parking requirement is reduced by 2 spaces, up to a maximum of 25 percent of the required parking spaces, not to exceed 10 spaces; and
2. A copy of the car-sharing agreement between the property owner and the car-sharing company must be submitted with the building permit.
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Packet Pg. 264 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) D. Off-Site Shared Parking. Shared parking is intended to provide an opportunity for multiple uses to use parking facilities on separate properties more efficiently. Shared parking shall be permitted in all nonresidential districts identified in Table 9.02.010-A, subject to the following:
1. The maximum allowable reduction in the number of spaces to be provided shall not exceed 25 percent of the sum of the number required for each use served and not reduce the total number of spaces to less than 1 space for every 500 square feet of floor area in a commercial mixed-use development.
2. An applicant for a permit for shared parking shall be required to submit data substantiating a request for reduced parking requirements. The data shall include substantial evidence of the demand and usage of the parking facility. A permit for shared parking shall describe the limits of any area subject to reduced parking requirements and the reduction applicable to each use.
3. Permit Required—Shared Parking of Fewer Than 10 Spaces. a. Shared parking of fewer than 10 parking spaces may be approved through an administrative shared parking permit.
b. The applicant shall provide evidence to the satisfaction of the Director of availability of off-site parking, and that no on-site parking is available during the times when additional off-site parking is requested.
4. Permit Required—Shared Parking of 10 or More Spaces. a. Shared parking of 10 or more parking spaces in a private parking facility that is otherwise limited to on-site parking may be approved through a Minor Use Permit. The Director may establish additional conditions to further the intent of this subsection and ensure that parking spaces needed for the primary on-site uses will be available during the hours needed for their use.
b. Findings. The Director, or Planning Commission on appeal, may approve an application for shared parking, in whole or in part, with or without conditions, only when all of the following findings are made in an affirmative manner:
i. The operation of the requested shared parking permit at the location proposed and within the time period specified will not adversely impact the primary use of the parking facility for its intended on-site users, or otherwise endanger the public health, safety, or general welfare.
ii. The shared parking permit sets forth the maximum number of shared parking spaces that are being approved for use by off-site users that will be available during peak and off-peak parking demand periods so as to ensure that a sufficient number of spaces will be provided to meet the greater parking demand of the anticipated users. iii. Additional requirements, restrictions or agreements, as deemed necessary by the Director are included as a requirement(s) of the shared parking permit to ensure that parking spaces needed for the primary on-site uses will be available during the hours needed for their use.
iv. The off-site shared parking will not reduce parking for new development. c. The Director shall prepare a written decision which shall contain the findings of fact upon which such decision is based and all required conditions, if approved. Within 2 business days from the date when the determination has been made concerning the application and 147
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Packet Pg. 265 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) posted on the City’s website, the decision shall be mailed to the applicant and to property owners and residents of property within a radius of 750 feet for which the shared parking is requested. Copies of the decision shall also be provided to the Planning Commission. d. Term of Permit. A shared parking permit shall be valid for a one-year period from the date of issuance unless a different period is set by the Director, or the Planning Commission on appeal, as a condition of granting the shared parking permit. The permit shall renew automatically for additional 1-year periods unless the permit is modified or revoked in accordance with subsection (D)(4)(f) of this Section.
e. Monitoring. The permit holder shall grant City staff access to the parking facility for the purpose of verifying parking availability prior to issuing the permit as well as to allow random monitoring after the permit is issued. The applicant shall submit an annual report to the Director that includes a copy of current lease agreements for the parking facility that is shared and shall submit data substantiating an ongoing request for reduced parking requirements.
f. Modification or Revocation. The City may modify or revoke an approved Shared Parking Permit in accordance with the following procedures:
i. If the Director receives evidence that the conditions of the permit have not been met, or the permit granted is being or has recently been exercised contrary to the terms of the approval or in violation of a specific statute, ordinance, law, or regulation, the Director shall serve notice of these violations, either in person or by registered mail, on the owner of the property and on the permit holder and shall provide the permit holder with a reasonable opportunity to cure the violation(s). ii. If the permit holder or property owner has not responded to the notice within 10 days or the Director determines that the permit holder has failed to cure the violation, the Director may refer the matter to a revocation hearing. Notice of hearing shall be published once in a newspaper of general circulation within the City and shall be served either in person or by registered mail on the owner of the property and on the permit holder at least 10 days prior to such hearing. The notice of hearing shall contain a statement of the specific reasons for revocation. iii. After the hearing, a shared parking permit may be revoked by the Director or by the Planning Commission on appeal or review if any one of the following findings is made:
(1) That the shared parking permit was obtained by misrepresentation or fraud; or (2) That the conditions of the permit have not been met, or the permit granted is being or has recently been exercised contrary to the terms of the approval or in violation of a specific statute, ordinance, law, or regulation. iv. A written determination of modification or revocation of the shared parking permit shall be mailed to the property owner and the permit holder within 10 days of such determination.
g. Appeals. Any person may appeal the approval, conditions of approval, denial, modification or revocation of a shared parking permit to the Planning Commission if filed within 14 consecutive calendar days of the date the decision is made in the manner provided in Chapter 9.37, Common Procedures.
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Packet Pg. 266 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) E. On-Site Shared Parking. Facilities may be shared if multiple uses cooperatively establish and operate parking facilities and if these uses generate parking demands primarily during hours when the remaining uses are not in operation. (For example, if one use operates during evenings or weekdays only.) The applicant shall have the burden of proof for a reduction in the total number of required parking spaces, and documentation shall be submitted substantiating the reasons for this requested parking reduction. Shared parking shall be approved only if:
1. A sufficient number of spaces are provided to meet the greater parking demand of the participating uses.
2. Satisfactory evidence has been submitted by the parties operating the shared parking facility, describing the nature of the uses and times when the uses operate so as to demonstrate the lack of conflict between them.
3. Additional documents, covenants, deed restrictions or other agreements as may be deemed necessary by the Director are executed to assure that the required parking spaces provided are maintained and uses with similar hours and parking requirements as those uses sharing the parking remain for the life of the building.
F. Bicycle Parking. Substitution of non-required bicycle spaces for existing required automobile parking spaces is allowed according to the following provisions:
1. Layout and design must meet bicycle parking Section 9.28.140(D) general requirements with final layout and number to be approved by the Director.
2. For buildings with fewer than 10 automobile parking spaces, 1 existing required automobile parking space may be replaced with 5 bicycle spaces if no other suitable location for bicycle parking exists on the property as determined by the Director.
3. For every 5 bicycle spaces that are provided in the footprint of an existing required parking space, automobile parking is reduced by 1 space, up to a maximum of 15 percent of the required parking spaces.
4. This provision does not apply to single or 2-unit residential dwellings.
G. Motorcycle Parking. There shall be a credit of 1 automobile parking space for every 4 motorcycle parking spaces provided, not to exceed 5 percent of the total number of automobile parking spaces required.
H. Reduction of Required Parking Related to Governmental Requirements. Up to 3 parking spaces may be reduced to accommodate governmental requirements upon approval by the Director, with total loss of spaces to be minimized. Governmental requirements may include, but are not limited to, refuse and recycling requirements, public utilities, and traffic safety requirements. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2520CCS § 10, adopted June 14, 2016; Ord. No. 2551CCS § 3, adopted August 8, 2017; Ord. No. 2567CCS § 8, adopted December 12, 2017)
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Packet Pg. 267 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) Chapter 9.31
STANDARDS FOR SPECIFIC USES AND ACTIVITIES
Sections:
9.31.010 Purpose
9.31.020 Applicability
9.31.025 Accessory Dwelling Units and Junior Accessory Dwelling Units
9.31.030 Accessory Food Service
9.31.040 Alcoholic Beverage Sales
9.31.050 Automobile Rental
9.31.060 Automobile/Vehicle Repair, Major and Minor
9.31.070 Automobile/Vehicle Sales, Leasing, and Storage
9.31.080 Automobile/Vehicle Washing
9.31.090 Bed and Breakfasts
9.31.100 Community Assembly
9.31.110 Congregate and Transitional Housing
9.31.120 Child Care and Early Education Facilities
9.31.125 Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential
9.31.130 Emergency Shelters
9.31.140 Family Day Care, Large
9.31.150 General Markets in Residential Districts
9.31.160 Home Occupation
9.31.170 Live-Work Units
9.31.180 Manufactured Housing
9.31.185 Medical Marijuana Dispensaries
9.31.190 Mobile Food Truck Off-Street Venues
9.31.195 Multiple-Unit Dwelling Projects
9.31.196 Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots
9.31.197 Multiple-Unit Dwelling Projects Located on Residentially Zoned Surface Parking Lots
9.31.200 Outdoor Dining and Seating
9.31.210 Outdoor Newsstands
9.31.220 Outdoor Retail Display and Sales
9.31.230 Personal Service
9.31.240 Personal Storage
9.31.250 Private Tennis Courts
9.31.260 Recycling Facilities
9.31.270 Residential Care Facilities
9.31.280 Restaurants, Limited-Service and Take-Out Only
9.31.290 Restaurants with Entertainment
9.31.310 Senior Group Residential
9.31.320 Service Stations
9.31.330 Single Room Occupancy Structures
9.31.340 Small-Scale Facility (Commercial Entertainment and Recreation), Game Arcades
9.31.350 Social Service Centers
9.31.360 Swap Meets
9.31.370 Temporary Uses and Seasonal Sales
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9.31.025 Accessory Dwelling Units and Junior Accessory Dwelling Units Notwithstanding the accessory structure standards of Section 9.21.020, accessory dwelling units and junior accessory dwelling units shall be developed, located, and operated in accordance with the following standards.
A. Purpose. The purpose of this section is to allow and regulate accessory dwelling units and junior accessory dwelling units in compliance with California Government Code Sections 65852.2 and 65852.22 and, in doing so, to increase the supply of affordable housing in the City. This section shall not be considered in the application of any City ordinance, policy, or program to limit residential growth.
B. Accessory Dwelling Unit. Accessory dwelling unit (ADU) means an attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and that is located on a parcel with a proposed or existing primary single-unit or multi-unit dwelling.
An ADU shall contain a kitchen and full bathroom separate from the primary dwelling(s) and accessible only to the inhabitants of the ADU. An ADU shall not have interior access to an existing or proposed single-unit dwelling or unit within a multiple-unit dwelling and shall have exterior access that is independent of that for any single-unit dwelling or unit within a multiple-unit dwelling.
An ADU may also be: (1) an efficiency unit, as defined in Section 17958.1(b) of the Health and Safety Code; or (2) a manufactured home, as defined in Section 18007 of the Health and Safety Code. An ADU shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the primary single-unit or multiple-unit dwelling is or will be situated. Permanent provisions for eating and cooking shall include a room or area used for the preparation and storage of food that includes at a minimum, but is not limited to, a sink, refrigerator, and built-in stove or range top.
C. Junior Accessory Dwelling Unit. Junior accessory dwelling unit (JADU) means a dwelling unit that is no more than 500 square feet in size and is contained entirely within an existing or proposed single-unit dwelling. A JADU shall include a separate entrance from the main entrance to the proposed or existing single-unit dwelling, but may also provide internal access, and shall include an efficiency kitchen, which shall include: (1) a cooking facility with appliances; and (2) a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU. A JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure. For purposes of providing service for water, sewer, or power, or for fire or life protection, a JADU shall not be considered a separate or new dwelling unit.
D. ADU and JADU Uses Permitted By Right. An ADU or JADU that conforms to all standards of this Section shall be permitted by right, shall be deemed to be consistent with the City’s General Plan and zoning designation for the parcel on which the ADU or JADU is located, and shall be deemed to meet the allowable density for the parcel on which the ADU or JADU is located.
E. Procedures. If an ADU or JADU complies with the requirements of this Chapter, development is by right and only a building permit is required. Correction of nonconforming zoning conditions will not be required as a condition of approval, except that the City is not prohibited from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12. An application to create an ADU or JADU submitted with a permit application to create a new dwelling on the parcel shall be acted upon when or before the application for the new dwelling is acted upon. An application to establish or construct an ADU or JADU on a parcel that contains an existing single-unit or multiple-unit dwelling shall be deemed complete approved if not acted on within 60 days from the date that the application is complete, except that the applicant may request a delay and the 60-day time period shall be tolled for the period of the delay.
F. Establishment of ADUs and JADUs. An ADU or JADU that meets the requirements of this Section may be established on any legal parcel that is zoned to allow for single-unit or multiple-unit dwelling residential use and on which a primary single-unit dwelling or multiple-unit dwelling has been 151
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Packet Pg. 269 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) previously established or is proposed to be established in conjunction with construction of the ADU or JADU. Except as set forth in subsection (G) below, no more than one ADU and one JADU is permitted per parcel.
G. Permitted ADUs and JADUs. Subject to the requirements set forth in this Section, the following ADUs and JADUs shall be permitted as follows:
1. Parcel with Single-Unit Dwelling. One attached or detached ADU or and one JADU may be constructed or established on any parcel on which a single-unit dwelling has been previously established or is proposed to be constructed., except that one detached ADU permitted under subsection (G)(1)(b) below and one JADU permitted under subsection (G)(1)(c) below may be established or constructed and located on the same parcel. a. Attached ADUs. One attached ADU may be established or constructed in conjunction with an existing or proposed single-unit dwelling as follows:
i. An attached ADU may be newly constructed as an addition to an existing single-unit dwelling;
ii. An attached ADU may be established within the footprint of a proposed single-unit dwelling; or
iii. An attached ADU may be established by converting floor area of an existing singleunit dwelling or attached accessory structure. b. Detached ADU. One detached ADU may be constructed or established in conjunction with an existing or proposed single-unit dwelling as follows:
i. A detached ADU may be newly constructed; or
ii. A detached ADU may be established by converting floor area of a legal existing detached accessory structure.
c. JADU. One JADU may be constructed or established in conjunction with an existing or proposed single-unit dwelling as follows:
i. A JADU may be established within the footprint of a proposed single-unit dwelling; or
ii. A JADU may be established by converting floor area of an existing single-unit dwelling.
2. Parcel with Existing Multiple-Unit Dwellings. One or more ADUs may be permitted on a parcel with an existing or proposed multiple-unit dwelling as set forth in this subsection. ADUs permitted under paragraphs (a) and (b) below may be located on the same parcel. a. Conversion of Existing Multiple-Unit Dwelling Footprint to ADU(s). At least one ADU, or up to 25% of the existing multiple-unit dwelling total unit count, whichever is greater, may be established or constructed by converting floor area within an existing multiple-unit dwelling or existing detached legal accessory structures. b. Detached ADUs on Multiple-Unit Parcel. No more than 2 detached ADUs may be established or constructed on a parcel with an existing or proposed multiple-unit dwelling by converting an existing legal accessory structure or through new construction.
3. Parcel Within the Single-Unit Residential (R1) Zoning District. In addition to any ADU permitted pursuant to (G)(1)(a) and (b), above, one additional detached ADU may be constructed 152
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Packet Pg. 270 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) or established in conjunction with an existing or proposed single-unit dwelling as described below:
a. The additional detached ADU is used as a rental unit subject to a deed restriction in a form approved by the City Attorney.
b. The additional detached ADU may be newly constructed or may be established by converting floor area of a legal existing detached accessory structure. c. Any ADU permitted under this subsection shall be subject to all provisions set forth in this Section.
H. Permitted Locations for Newly Constructed ADUs and JADUs. Newly constructed ADUs and JADUs shall be located on a parcel as set forth in this subsection and subject to all applicable setback requirements set forth in subsection (L) below.
1. Parcels with Single-Unit Dwellings.
a. An attached ADU or JADU may be located either in the front or rear half of the parcel. b. A detached ADU shall be located on the rear half of a parcel. c. A detached ADU shall be located a minimum of 6 feet from the existing single-unit dwelling, as measured between exterior walls.
d. On a reverse corner parcel, an ADU or JADU shall not be located nearer to the street side parcel line of such corner parcel than one-half of the front setback depth required on the key parcel, nor be located nearer than 4 feet to the side parcel line of any key parcel. e. On a through parcel, an ADU or JADU shall not project into any front setback except as provided under subsection (K) below. Pursuant to Section 9.04.110(B), the front setback borders the street primarily used as frontage by the majority of neighboring parcels.
2. Parcels with Multiple-Unit Dwellings.
a. A detached ADU may be located either in the front or rear half of the parcel, but shall be a minimum of 6 feet from existing multiple-unit dwelling(s), as measured between exterior walls.
b. On a reverse corner parcel, an ADU or JADU shall not be located nearer to the street side parcel line of such corner parcel than one-half of the front setback depth required on the key parcel, nor be located nearer than 4 feet to the side parcel line of any key parcel. c. On a through parcel, an ADU or JADU shall not project into any front setback except as provided under subsection (L) below. Pursuant to Section 9.04.110(B), the front setback borders the street primarily used as frontage by the majority of neighboring parcels.
I. Standards for ADUs and JADUs Established by Converting Floor Area of Legal Existing Structures. ADUs and JADUs established by converting floor area of legal existing structures shall adhere to the following standards set forth in this subsection and subject to all applicable setback requirements set forth in subsection (L) below.
1. Parcel with Single-Unit Dwelling.
a. Attached ADU. An ADU that is established by converting floor area of an existing singleunit dwelling that is located in the front setback may only expand the footprint of the singleunit dwelling up to 150 square feet into the front setback to accommodate ingress and 153
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Packet Pg. 271 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) egress. An ADU that is established by converting floor area of an existing single-unit dwelling that is not located within the front setback may expand the footprint beyond 150 square feet up to the total size permitted under subsection (J) below. b. Detached ADU.
i. An ADU may be established by converting floor area within a legal existing accessory structure or by reconstructing the ADU in the same location and to the same dimensions as the original structure.
ii. Notwithstanding the size limitation in subsection (J), aAn ADU that is established by converting floor area of a legal existing accessory structure may expand the footprint of the existing accessory structure at least 150 square feet to accommodate ingress and egress. An ADU may expand beyond 150 square feet if the addition or enlargement is made to conform to all standards set forth in this Section and is a minimum of 6 feet from the existing single-unit dwelling, as measured between exterior walls. ADUs that expand beyond 150 square feet in accordance with these provisions are subject to the size limitations in subsection (J). iii. Notwithstanding the size limitation in subsection (J), aAn ADU that is established by converting floor area of a legal existing accessory structures located in the front setback may only expand the footprint up to 150 square feet into the front setback to accommodate ingress and egress.
c. JADU. A JADU that is constructed or established by converting floor area of an existing single-unit dwelling must be contained entirely within the footprint of the single-unit dwelling. ay only expand the footprint up to 150 square feet to accommodate ingress and egress, but in no case shall such expansion result in a JADU that exceeds 500 square feet.
2. Parcel with Multiple-Unit Dwelling—Conversion of Existing Multiple-Unit Dwelling Footprint to ADU(s).
a. Conversion of Existing Multiple-Unit Dwelling Footprint to ADU(s).
At least one ADU, or up to 25% of the existing multiple-unit dwelling total unit count, whichever is greater, may be established within the residential portions of existing multiple-unit dwellings that are not used as livable space and are enclosed on at least 3 sides, such as storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with State building standards for dwellings. No additions to or enlargements of the footprint of the existing multiple unit dwelling shall be permitted to establish or construct ADUs in accordance with this paragraph. b. Conversion of Existing Legal Accessory Structures to ADU(s).
ADUs may be established within existing residential portions of legal detached accessory structures pursuant to (G)(2)(a) and (b), above.
J. Size. The following unit size limits apply to ADUs and JADUs:
1. The minimum size of an ADU or JADU is 220 square feet of floor area.
2. The maximum size of a detached or attached studio or one-bedroom ADU is 850 square feet of floor area.
3. The maximum size of a detached or attached ADU with more than one bedroom is:
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Packet Pg. 272 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) a. 1,000 square feet of floor area for parcels of less than 10,000 square feet; and b. 1,200 square feet for parcels of 10,000 square feet or greater.
4. Notwithstanding any of the foregoing:
a. For attached ADUs, if there is an existing primary dwelling, Tthe total floor area of the ADUof an attached ADU shall not exceed 50% of the existing floor area of the primary dwelling, or the maximum size limits in subsections (2) and (3), whichever is greater. a.b. For ADUs established by converting floor area of an existing legal accessory structure, the size limitations set forth in subsection (I)(1)(b) shall apply.
65. The maximum size of a JADU is 500 square feet of floor area.
K. ADUs and JADUs Exempt from Floor Area and Parcel Coverage.
1. Floor area does not include ADUs and JADUs established in accordance with this Section shall be excluded from floor area. See Section 9.04.080, Determining Floor Area.
2. Areas covered by or directly below ADUs and JADUs established in accordance with this Section shall be excluded from the footprint area for purposes of determining parcel coverage.
See Section 9.04.100, Determining Residential Parcel Coverage. Areas directly below a fullyenclosed second-story cantilever of an ADU or JADU shall not be considered part of the ground floor footprint area for purposes of calculating ground floor parcel coverage.
L. Setbacks. An ADU or JADU shall adhere to the following setback requirements:
1. An ADU or JADU shall not be permitted within the front setback, however, when converting floor area within an existing single-unit dwelling or a legal accessory structure located in the front setback, an ADU or JADU may expand the footprint of said structure up to 150 square feet to only accommodate ingress and egress as set forth in subsections (I)(1)(a)(i), (I)(1)(b)(iii), and (I)(1)(c) above.
2. Side and rear setbacks of 4 feet, measured from parcel line, are required for an ADU or JADU, except that:
a. An ADU or JADU constructed or established pursuant to subsection (G)(1)(a)(ii), (G)(1)(a)(iii), (G)(1)(b)(ii), or (G)(1)(c) above shall be subject to side and rear setbacks only as required for fire and safety if the ADU or JADU meets the following requirements:
i. The ADU or JADU is within the proposed space of a single-unit dwelling or existing space of a single-unit dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure for purposes of accommodating ingress and egress; ii. The space has exterior access from the proposed or existing single-family dwelling; and
iii. The JADU complies with the requirements of Government Code Section 65852.22. b. No side or rear setback shall be required for an ADU or JADU constructed or established pursuant to subsection (G)(1)(b)(ii) above.
c. An ADU or JADU may have a side and/or rear setback equivalent to the primary dwelling(s) if the primary dwelling(s) are permitted to have a side and/or rear setback of less than 4 feet.
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Packet Pg. 273 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) M. Height. An attached ADU or JADU shall comply with the height limitations for the primary dwelling unit to which it is attached. A detached ADU shall not exceed 2 stories or 24 feet in height.
N. Design Standards and Exterior Features. The exterior design features of an ADU or JADU , including building forms, materials, colors, exterior finishes, and landscaping, shall be compatible in size, location, and appearance with the primary single-unit dwelling or multiple-unit dwelling on the parcel and shall adhere to the following:
1. ADUs and JADUs are required to have independent exterior access separate from the primary dwelling unit(s).
2. Within the R1 District, an attached ADU or JADU located entirely or partially on the second story of a single-unit dwelling shall comply with all applicable stepback requirements set forth in Section 9.07.030.
3. Upper-story outdoor spaces for attached ADUs and JADUs, such as first-story roof decks, landings, upper level walkways, and balconies, shall conform to all standards set forth for the primary dwelling unit(s).
4. Upper-story outdoor spaces for detached ADUs, such as first-story roof decks, landings, upper level walkways, and balconies, shall not exceed an aggregate 35 square feet when located in the Single-Unit Residential (R1) District or 60 square feet per ADU in all other districts, and shall adhere to the restrictions set forth below. following restrictions: For purposes of this paragraph, upper-story outdoor space necessary for minimum ingress and egress requirements will not be considered when calculating the total aggregate square feet. a. Upper-story outdoor spaces shall not be located on the side elevation closest to a side parcel line, unless that side parcel line is adjacent to a public right-of-way or alley; b. Upper-story outdoor spaces shall not be located on the rear elevation unless the ADU is located outside the rear setback area of the primary dwelling unit(s); c. When located on a permitted elevation, upper-story outdoor spaces shall be set back from the side parcel line the same distance as the minimum side setback requirement for the principal dwelling unit(s) on the parcel and shall be a minimum 5 feet from the rear parcel line;
d. Roof decks above the second story are prohibited.
O. Application of Generally Applicable Municipal Code Provisions. Except as set forth in this Section, an ADU or JADU shall conform to the height, setbacks, parcel coverage, floor area, and other land use regulations and development standards of the district in which it is located and all other applicable provisions of this Municipal Code, including, but not limited to, the provisions of Article VIII, Building Regulations, and the provisions of Chapter 9.56, Landmarks and Historic Districts.
P. Exemption. Notwithstanding anything set forth herein, the development and design standards set forth in this Section shall not preclude the establishment of a detached or attached ADU with a floor area of up to 800 square feet, side and rear setbacks of at least 4 feet, and a height of no more than 16 feet.
Q. Parking.
1. Required Parking. No parking shall be required for an ADU or JADU. If parking is provided, the parking space One on-site parking space, which may be unenclosed, shall be provided for an ADU. This space shall comply with all development standards set forth in Chapter 9.28, Parking, Loading, and Circulation, and the requirements for the district in which the ADU or JADU is located. A tandem parking space may also be used to meet the parking requirement for the 156
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Packet Pg. 274 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) accessory dwelling unit and may be provided on an existing driveway. Parking shall not be required for a JADU.
2. Exemptions. Notwithstanding any other parking required by this Section or Chapter 9.28 of this Article, no parking space shall be required for an ADU in any of the following circumstances:
a. The ADU is located within one-half mile walking distance of public transit, as defined by Government Code Section 65852.2(j)(10);
b. The ADU is an individually designated historic resource or is located within an architecturally and historically significant historic district;
c. The ADU is part of the existing or a proposed primary residence or an existing accessory structure;
d. An on-street parking permit is required but not offered to the occupant of the ADU; or e. A car share vehicle is located within one block of the ADU.
32. No Replacement. When parking areas including, but not limited to, a garages, carports, uncovered parking spaces, or covered parking structures, is are demolished in conjunction with the construction of an ADU or JADU or converted to an ADU or JADU, the eliminated offstreet parking spaces are not required to be replaced.
R. Owner-Occupancy Requirement.
1. An ADU is not subject to an owner-occupancy requirement.
2. A JADU is subject to an owner-occupancy requirement, except that a JADU that is owned by a governmental agency, land trust, or housing organization is not subject to this requirement. With respect to a JADU that is subject to an owner-occupancy requirement, a natural person with legal or equitable title to the property that includes the JADU must reside on the property as the person’s legal domicile and permanent residence.
S. Lease Terms. An ADU or JADU shall be subject to any restrictions or requirements for lease terms that apply to all residential dwelling units in the City. In addition, except as may be permitted under Santa Monica Municipal Code Chapter 6.20, Home-Sharing and Vacation Rentals, an ADU or JADU shall not be used for rentals of terms of 30 days or less.
T. Limitations on Separate Sale.
1. Except as provided in subsection (2), below, Nno ADU or JADU may be sold or otherwise conveyed separately from the parcel and the primary dwelling (in the case of a single-unit dwelling) or from the parcel and all of the dwellings (in the case of a multiple-unit dwelling).
2. Notwithstanding the prohibition in subsection (1), above, an ADU may be sold or conveyed separately from the primary residence to a qualified buyer in accordance with the provisions of Government Code Section 65852.26
U. JADU Deed Restriction. Prior to issuance of a building permit for a JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Director. The deed restriction shall run with the land and bind all future owners. The form of the deed restriction shall be provided by the Director and shall provide thatthe following:
1. The JADU may not be sold separately from the primary dwelling associated with the ADU or JADU.
2. The JADU is restricted to the approved size and to other attributes allowed by this section. 157
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3. The deed restriction runs with the land and may be enforced against future property owners.
4. The deed restriction may be removed if the owner eliminates the JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the JADU has in fact been eliminated.
Any building permits required in the removal must be approved by the Director’s determination.
The Director may then determine whether the evidence supports the claim that the JADU has been eliminated. Appeal may be taken from the Director’s determination consistent with other provisions of this Code. If the JADU is not entirely physically removed but is only eliminated by virtue of having a necessary component of a JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.
5. The deed restriction is enforceable by the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the JADU in violation of the recorded restrictions or abatement of the illegal unit. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2536CCS §§ 16, 21, adopted February 28, 2017; Ord. No. 2576CCS § 11, adopted June 12, 2018; Ord. No. 2624CCS § 10, adopted November 12, 2019; Ord. No. 2649CCS § 32, adopted September 8, 2020)
Chapter 9.31.125 Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential The purpose of this section is to establish standards, requirements, and procedures for projects developed pursuant to the regulations set forth in State Senate Bill 9 (SB9), and any successor legislation, with the intent to increase access to housing by allowing the development of two residential units on parcels zoned primarily for single-unit dwellings.
A. Applicability
This section shall apply to parcels located in the Single-Unit Residential (R1) and Ocean Park Single-Unit Residential (OP1) zoning districts, and select parcels within Multi-Unit Residential and Ocean Park Neighborhood zoning districts limited to one single-unit dwelling based on specific limitations, including, but not limited to, density calculations and parcel size and/or dimensions.
Projects proposed pursuant to this section shall meet all of the following:
1. Location Requirements:
a. The parcel is located in an urbanized area or urban cluster, as defined by the Census Bureau;
b. The parcel is not located within a designated historic district or does not contain a historic resource;
c. The parcel is not located on a site identified in California Government Code Section 65913.4(a)(6)(B), (C), (I), (J), (K), which includes, but is not limited to, the following:
i. Prime farmland, wetlands, land identified for conservation, land under conservation easement, or habitat for protected species; 158
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Packet Pg. 276 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) d. The parcel is not located on a site identified in California Government Code Section 65913.4(a)(6)(D), (E), (F), (G), (H), unless the development satisfies the requirements therein, which includes, but is not limited to, the following:
i. Very high fire hazard severity zone, hazardous waste site, delineated earthquake fault zone, 100-year floodplain, or regulatory floodway
2. Displacement Protections:
a. Projects shall not include alteration or demolition of any of the following types of housing:
i. Deed restricted affordable housing;
ii. Rent-controlled housing or housing subject to any form of price control, including, but not limited to, units subject to the California statewide rent control law and Article XVIII of the Santa Monica Charter, the City’s rent control law;
iii. Housing occupied by a tenant in the last three years; or iv. Housing on parcels with an Ellis Act eviction in the last 15 years from date of application submittal.
B. Permitted Projects
The following project types are permitted pursuant to this section:
1. Lot Split. A permitted parcel may be subdivided into two parcels pursuant to Section (D), below.
2. Duplex. One duplex may be established or constructed on a permitted parcel pursuant to Section (E), below.
3. Lot Split with single-unit dwelling or duplex. Single-unit dwellings and duplexes are permitted to be established in conjunction with a lot split pursuant to Sections (D) and (E), below.
C. Review Process.
1. Projects established under this Section shall be subject to a ministerial approval and design review process as determined by the Director prior to submittal of a building permit.
2. Lot splits shall be subject to the provisions of Chapter 9.54, Land Divisions, except that no Planning Commission hearing is required for the tentative map process.
D. Lot Split Standards and Requirements. Parcels subdivided pursuant to this Section shall comply with the following standards and requirements:
1. Minimum Parcel Size. Parcels resulting from a permitted lot split shall be no smaller than 1,200 square feet and 40% of the original parcel size.
2. Minimum Parcel Dimensions. No minimum parcel width or depth.
3. Access. Access to a public right-of-way shall be provided for each resulting parcel.
4. Subdivision Limitations.
a. The subject parcel has not been previously subdivided pursuant to this section. b. The subject parcel is not adjacent to another parcel that has been subdivided pursuant to this Section by the same owner or any person acting in concert with the same owner.
5. Owner Occupancy. Property owner shall intend to live on one of the resulting parcels for three years after subdivision completion.
6. Process. Zoning conformance review and approval shall be required prior to submittal of a building permit.
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Packet Pg. 277 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) E. Development Standards and Requirements. Development established or constructed under this Section shall comply with all of the following standards and requirements. Where provisions are not specifically addressed, the standards of the underlying zoning district shall apply.
1. Land Uses. Permitted uses shall be limited to the following:
a.Single-Unit Dwelling
b.Duplex
c.Accessory Dwelling Unit
d.Junior Accessory Dwelling Unit
2. Maximum Unit Count.
a.No Lot Split. Up to four units are permitted per parcel. A duplex must be established but no more than one duplex is permitted. The four permitted units are inclusive of Accessory Dwelling Units pursuant to Section 9.31.025. b.Lot Split. Up to two units are permitted on each parcel created by a lot split, of which at least one single unit dwelling or a duplex must be established on each parcel. The two permitted units are inclusive of Accessory Dwelling Units and Junior Accessory Dwelling Units pursuant to Section 9.31.025, unless otherwise permitted under Section 9.31.025(G)(3).
c.Parcels 10,000 SF or Greater. Notwithstanding subsection (i) and (ii), above, on parcels 10,000 SF or greater, more than four units may be permitted per parcel, inclusive of Accessory Dwelling Units pursuant to Section 9.31.025.
3. Minimum Front Setback. If a lot split results in a front parcel line that is adjacent to an alley, no more than 4 feet is required.
4. Minimum Side and Rear Setbacks.
a.New Construction: 4 feet, except in the following circumstance:
i. In the case of a lot split, no setback shall be required from the newly created interior parcel line provided that the structures meet fire and safety standards.
b.Existing development or reconstruction in same location and dimensions may retain nonconforming setbacks.
5. Guaranteed Unit Size. Notwithstanding standards set forth within this section or the underlying zoning district, no standard shall preclude the establishment or construction of two units of at least 800 square feet each.
6. Owner Occupancy. Property owner shall intend to live in one of the proposed units for three years.
F. Parking. One parking space is required per unit established pursuant to this Section, except no parking is required if any of the following applies:
1. The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code; or
2. There is a car share vehicle located within one block of the parcel.
G. Rental and Sale Requirement. When two or more units are established under this section, at least one of the units shall be either sold or used as a rental unit subject to a deed restriction in a form approved by the City Attorney prior to issuance of a building permit.
H. Lease Terms. Units created under this section shall not be used for rental terms of 30 days or less.
I. Applicability of Chapter 9.64, Affordable Housing Production Program. When an existing dwelling unit is retained and only one unit is added under this Section, Chapter 9.64 would not 160
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Packet Pg. 278 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) apply. When an existing dwelling unit is removed such that two units are constructed, the Chapter 9.64 affordable housing fees would apply to the project.
J. Applicability of Chapter 9.65, Childcare Linkage Program, Chapter 9.66, Transportation Impact Fee Program, and Chapter 9.67, Parks & Recreation Development Impact Fee Program. Fees required by Chapter 9.65, Chapter 9.66, and Chapter 9.67 shall be waived for units created pursuant to this section.
9.31.195 Multiple-Unit Dwelling Projects
The purpose of this section is to establish requirements for multiple-unit dwelling projects; however,. 100% affordable housing projects are exempt from Subsection (A) through (B) of this Section.
A. Unit Mix. Multiple-unit dwelling projects with more than 50 units shall incorporate the requirements set forth below, except Tier 2 projects shall comply with Section 9.23.030(A)(2).
1. For market rate units:
a. At least 10% of the units shall be three-bedroom units; b. At least 10% of the units shall be two-bedroom units; c. No more than 15% of the units shall be studio units;
2. Affordable housing unit mix shall be governed by Chapter 9.64, Affordable Housing Production Program.
3. The Director may grant a waiver from this unit mix requirement pursuant to the requirements and procedures for Waivers in Chapter 9.43.
B. Transportation Demand Management. Multiple-unit dwelling projects that meet the applicability established in Section 9.53.030 shall include the following Transportation Demand Management measures in addition to those required by Chapter 9.53, Transportation Demand Management:
1. For non-residential components of projects, provide the following:
a. A Transportation Allowance equivalent to at least 75% of the cost of a monthly regional transit pass, in accordance with Section 9.53.130(B)(2)(b)(viii). b. Bike valet, free of charge, during all automobile valet operating hours.
2. For residential components of projects, provide a Transportation Allowance equivalent to at least 75% of the cost of a monthly regional transit pass, in accordance with Section
9.53.130(B)(2)(c)(iv).
C. Air Quality Assessment Zone. Multiple-unit dwelling projects within the Air Quality Assessment Zone shall be required to prepare a technical memorandum that describes the effectiveness of design features to reduce exposure to diesel particulate matter (DPM) as a part of the early project design process. Such memorandum shall be submitted at the time of project application and shall be subject to review and approval by the Director prior to project approval.
D. Unit Replacement Requirements. Multiple-unit dwelling projects shall comply with all applicable residential unit replacement requirements including, but not limited to, Government Code Section 66300(d) and State Density Bonus law.
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Packet Pg. 279 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins))
9.31.196 Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots.
The purpose of this section is to promote fair housing opportunities throughout the City by incentivizing multiple-unit dwelling projects on surface parking lots associated with existing Community Assembly uses.
A. Applicability. This section shall apply to multiple-unit dwelling projects on surface parking lots owned in whole or in part by a Community Assembly use, where at least a portion of the existing Community Assembly use is retained.
B. Allowable Uses. The multiple-unit dwelling project may include the existing Community Assembly use and related ancillary uses for the support or expansion of the Community Assembly use.
C. Affordability Requirements. Multiple-unit dwelling projects shall include at least 50% of total units affordable to 80% income households.
D. Affordable Units. The affordable housing units shall be owned in whole or in part and operated by a nonprofit housing provider for the life of the project.
E. Building Height. Projects shall receive a height increase of up to 33 feet above maximum building height for the underlying zone district. Projections that have already received up to three additional stories or 33 feet in height in accordance with 9.22.060(A)(4), shall not be eligible for additional building height pursuant to this Subsection.
F. Density. There shall be no limit to density.
G. Parking Requirements. There shall be no minimum parking requirements. Replacement of existing parking for the associated community assembly use shall not be required.
H. Additional Requirements. Projects shall comply with the requirements set forth in Section
9.31.195, Multiple-Unit Dwelling Projects.
I. Process. Projects shall be processed as Administrative Approvals pursuant to Chapter 9.39.
9.31.197 Multiple-Unit Dwelling Projects Located on Residentially Zoned Surface Parking Lots The purpose of this section is to incentivize new housing choices and affordability on underutilized sites in high opportunity areas that would not displace existing tenants.
A. Applicability. This section shall apply to new multiple-unit dwelling projects on surface parking lots in residential zones associated with existing multiple-unit dwelling or commercial uses.
B. Relationship to Chapter 9.16, “A” Off-Street Parking Overlay District. Where there is a conflict between compliance with Chapter 9.16 and this section, the provisions of this section shall control.
C. Retention of Existing Multiple-Unit Dwelling Use. Any new multiple-unit dwelling project shall not remove any existing dwelling units.
D. Consolidation of Parcels. Residentially zoned parcels eligible under this section that are associated with commercial uses shall be exempt from parcel consolidation restrictions in Section 9.21.030(B), Development on Multiple Parcels.
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Packet Pg. 280 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) E. Development Standards. Except as set forth below, all multiple-unit dwelling projects developed on a surface parking lot shall be subject to the development standards required for the underlying residential zone.
1. Maximum Allowable Density. Maximum allowable density shall be based solely on unit density calculations for the underlying residential district. Any additional density restrictions on maximum number of units for each district shall not apply. For parcels zoned R1, maximum allowable density shall be calculated based on 1 unit per 2,000 square feet of parcel area, or four units, whichever is greater.
2. Minimum Interior Side Setback. When the surface parking lot is redeveloped together with the associated adjacent commercial parcel, no interior side setback on the residential parcel is required from the shared parcel line or adjacent alley except as required by Building Code.
3. Daylight Plane. When the surface parking lot is redeveloped together with the associated adjacent commercial parcel, no daylight plane shall be required for the commercial parcel.
F. Parking. Pursuant to Section 9.28.030(A), any required parking that is removed from the residential parcel to be developed shall be replaced.
G. Access. Notwithstanding Section 9.21.040(B), access to parking serving a nonresidential use may be taken from a residentially zoned parcel if the required nonresidential parking is replaced.
H. Additional Requirements. Projects shall comply with the requirements set forth in Section
9.31.195, Multiple-Unit Dwelling Projects.
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Packet Pg. 281 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) Chapter 9.39
ADMINISTRATIVE APPROVAL
Sections:
9.39.010 Purpose
9.39.020 Applicability
9.39.0230 Application
9.39.040 Definitions
9.39.050 Special Procedures for Housing Projects
9.39.0360 Review and Decision
9.39.0470 Term, Extension, and Revocation
9.39.010 Purpose
Administrative Approval is intended to allow for the approval of projects which conform to the standards established for the Zoning District and do not require discretionary review or approval by the Director, Planning Commission, or City Council. An Administrative Approval provides for an administrative review and assessment of the proposed development project to ensure compliance with in light of the explicit standards contained in this the ChapterArticle 9 which have been designed to ensure that the completed project will be in harmony with existing or potential development in the surrounding area, consistent with the goals, objectives, and policies of the General Plan. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
9.39.020 Applicability
A. A. Except as provided in subsection (B), an Administrative Approval shall be required prior to issuance of any Building Permit for the development forof any of the following:
1. Housing Projects. For housing projects, all new construction and new additions to existing buildings as follows:
a. 100% affordable housing projects;
b. Moderate Income Housing Overlay project, as defined in Section 9.12.020(D); c. Streamlined housing project, as defined in Section 9.39.040 below, located on a parcel or parcels that do not exceed 43,560 square feet in size, including projects that have been granted modifications and waivers pursuant to Chapter 9.43, Modifications and Waivers; or
d. Pursuant to Government Code Section 65583.2(c), any housing project as defined by 65589.5(h)(2) providing at least 20% of the onsite units as affordable units located on a nonvacant site that was identified in the 5th Cycle (2013-2021) Housing Element suitable sites inventory.
2. Non-Housing Projects. For non-housing projects of more than 1,000 square feet, of more than 1,000 square feet of floor area for all new construction and new additions to existing buildings located in Residential and Nonresidential Districts not otherwise subject to Zoning Conformance Review or discretionary review;.that do not exceed the following:
a. Tier 1 maximum limits;
b. In Multi-Unit Residential Districts or Ocean Park Neighborhood Districts, 10,000 square feet;
c. In Neighborhood Commercial and Oceanfront Districts, 7,500 square feet; 164
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Packet Pg. 282 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) d. In Nonresidential Districts not specified in subsection (A)(2)(c) above, 15,000 square feet; or
e. In the Pico Neighborhood Area as outlined in Figure 9.40.020.A, notwithstanding subsection (A)(2)(b) through (d) above, and until the adoption of a Pico Neighborhood Plan, 7,500 square feet.
3. Multiple-unit dwelling projects located on community assembly surface parking lots pursuant to Section 9.31.196
B. No Administrative Approval and only a building permit shall be required for:
1. Any new single-unit dwellings or additions thereto in any zoning district;
2. Housing projects consisting of However, no Administrative Approval shall be required for new construction and new additions to existing buildings located in the Multi-Unit Residential Districts or, Ocean Park Neighborhood Districts that are no greater than 10,000 square feet; or , or for any new single-unit dwellings or additions thereto in any zoning district.
3. Non-housing projects consisting of new construction and new additions to existing buildings located in Residential and Nonresidential Districts no greater than 1,000 square feet. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2567CCS § 11, adopted December 12, 2017)
9.39.030 Application
Application for an Administrative Approval shall be filed in a manner consistent with the requirements contained in Section 9.37.020, Application Forms and Fees.
9.39.040 Definitions
For purposes of this Chapter, “streamlined housing project” shall mean a project consisting of any of the following:
A. Residential units only; or
B. Mixed-use developments consisting of residential and nonresidential uses in which nonresidential uses do not exceed 25% of the total building square footage and are limited to the first two floors of buildings that are two or more stories; or
C. Transitional or supportive housing.
9.39.050 Special Procedures for Housing Projects
A. For projects eligible for an Administrative Approval under 9.39.020(A)(1)(c), an applicant shall conduct a community meeting to receive community input on the proposal. The community meeting shall be conducted prior to submitting an application, with noticing and reporting as required in guidelines adopted by the Director.
B. For projects eligible for an Administrative Approval under 9.39.020(A)(1)(a) through (d), within 14 calendar days after a decision is made, a copy of the written decision and project plans shall be posted on the City’s website.
9.39.0630 Review and Decision
A. Following receipt of a decision from the Architectural Review Board, the Director shall issue a determination on the Administrative Approval in accordance with this Chapter.
B. The Director shall issue an Administrative Approval if the proposed development conforms precisely to applicable development standards, and does not require discretionary review or approval as outlined in this Chapter, except to the extent modifications and waivers have been granted pursuant to Chapter 9.43, Modifications and Waivers. 165
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Packet Pg. 283 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) BC.The Director shall deny the Administrative Approval only if the development is not in compliance with applicable development standards as outlined in this Chapter, except to the extent modifications and waivers have been granted pursuant to Chapter 9.43, Modifications and Waivers.
D. C The Director shall prepare a written decision which shall contain the findings of fact upon which such decision is based. A copy of the decision shall be sent mailed to the applicant at the address shown on the application within 14 calendar days after the decision is made. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
9.39.0740 Term, Extension, and Revocation
The term of permit, exercise of rights, extension, and revocation for Administrative Approvals shall be in accordance with the applicable provisions of Chapter 9.37, Common Procedures. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
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Packet Pg. 284 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) Chapter 9.40
DEVELOPMENT REVIEW PERMIT
Sections:
9.40.010 Purpose
9.40.020 Applicability
9.40.030 Application
9.40.040 Procedures
9.40.050 Required Findings
9.40.060 Conditions
9.40.070 Term, Extension, Revocation, and Appeal
9.40.010 Purpose
A Development Review Permit is intended to allow the construction of certain projects for which the design and siting could result in an adverse impact on the surrounding area. The permit allows for the following:
A. Review of the location, size, massing, and placement of the proposed structure on the site; B. The location of proposed uses within the project;
C. An evaluation of the project with regard to fixed and established standards; and D. A determination of whether the proposed siting and design should be permitted by weighing the public need for the benefit to be derived from the proposed site plan use against the impact which it may cause. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
9.40.020 Applicability
A. Except as provided in subsection (B), a A Development Review Permit approved by the Planning Commission shall be required prior to issuance of any building permit for the development ofif any of the following occurs:
1. Housing Projects. For housing projects, all new construction and new additions to existing buildings as follows:
a. Any housing project that does not meet the applicability of an Administrative Approval as set forth in Section 9.39.020(A)(1).
2. Non-Housing Projects. For non-housing projects, all new construction and new additions to existing buildings that exceed the following thresholds:
a. Any project that exceeds Tier 1 maximum limits;
b. In Multi-Unit Residential Districts or Ocean Park Neighborhood Districts, All new construction and new additions to existing buildings of more than 10,000 square feet; of floor area located in Residential Districts
c. In Neighborhood Commercial and Oceanfront Districts, 7,500 square feet of floor area in Neighborhood Commercial and Oceanfront Districts;
d. In Nonresidential Districts not specified in subsection (A)(2)(c) above, All new construction and new additions to existing buildings of more than 15,000 square feet of floor area located in Nonresidential Districts not specified in subsection (A)(2); or e.
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Packet Pg. 285 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) Notwithstanding subsection (A)(3) above, all new construction of more than 30,000 square feet of floor area of a development project containing no more than 15% commercial floor area located in Nonresidential Districts not specified in subsection (A)(2);
5. In the Pico Neighborhood Area as outlines in Figure 9.40.020.A, nNotwithstanding subsections (A)(2)(b) through (d)(4) above, and until the adoption of a Pico Neighborhood Plan, all new construction and new additions to existing buildings of more than 7,500 square feet of floor area located in the Pico Neighborhood Area.
FIGURE 9.40.020.A: PICO NEIGHBORHOOD AREA (AS OUTLINED) B. The following types of projects are exempt from Development Permit Review requirements:
1. Single unit dwellings; and
2. 100% Affordable Housing Projects of 50 units or less. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
9.40.030 Application
Application for a Development Review Permit shall be filed in a manner consistent with the requirements contained in Section 9.37.020, Application Forms and Fees. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
9.40.040 Procedures
A. Upon receipt in proper form of a Development Review Permit application, a meeting with the Architectural Review Board shall be set to receive a recommendation on the design of the proposal. 168
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Packet Pg. 286 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) B Following receipt of a decision recommendation of the Architectural Review Board, a public hearing before the Planning Commission shall be set and notice of such hearing given in a manner consistent with Section 9.37.050, Public Notice. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
9.40.050 Required Findings
Following a public hearing, the Director shall prepare a written decision which shall contain the Planning Commission’s findings of fact upon which such decision is based. The Planning Commission, or City Council on appeal, shall approve or conditionally approve a Development Review Permit application in whole or in part if all of the following findings of fact can be made in an affirmative manner:
A. The physical location, size, massing, setbacks, pedestrian orientation, and placement of proposed structures on the site and the location of proposed uses within the project are consistent with applicable standards; and are both compatible and relate harmoniously to surrounding sites and neighborhoods;
B. The rights-of-way can accommodate autos, bicycles, pedestrians, and multi-modal transportation methods, including adequate parking and access standards; C. The health and safety services (police, fire etc.) and public infrastructure (e.g., utilities) are sufficient to accommodate the new development;
D. The project is generally consistent with the Municipal Code, General Plan, and any applicable Specific Plan;
E. Based on environmental review, the proposed project has no potentially significant environmental impacts or any potentially significant environmental impacts have been reduced to less than significant levels because of mitigation measures incorporated in the project or a Statement of Overriding Considerations has been adopted;
F. The project promotes the general welfare of the community; GE.The project has no unacceptable specific adverse effects impact on public health or safety; and HF.The project provides Community Benefits consistent with Chapter 9.23. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2520CCS § 31, adopted June 14, 2016)
9.40.060 Conditions
In granting a Development Review Permit, the Review Authority or the Review Authority on appeal shall require that the use and development of the property conform with a site plan, architectural drawings, or statements submitted in support of the application, or in such modifications thereof, as may be deemed necessary to protect the public health, safety, and general welfare and secure the objectives of the General Plan and this Ordinance, and may also impose such other conditions as may be deemed necessary to achieve these purposes and to support the findings of approval. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
9.40.070 Term, Extension, Revocation, and Appeal
The term of permit, exercise of rights, extension, revocation, and appeal for Development Review Permits shall be in accordance with the applicable provisions of Chapter 9.37, Common Procedures. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
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Packet Pg. 287 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) Chapter 9.43
MODIFICATIONS AND WAIVERS
Sections:
9.43.010 Purpose
9.43.020 Applicability: Minor Modifications
9.43.030 Applicability: Major Modifications
9.43.040 Applicability: Waivers
9.43.050 Applicability: Fence, Wall, and Hedge Height Modifications
9.43.060 Procedures for Minor Modifications
9.43.070 Procedures for Major Modifications and Waivers
9.43.080 Procedures and Required Findings for Fence, Wall, and Hedge Height Modifications
9.43.090 Required Findings for Minor Modifications
9.43.100 Required Findings for Major Modifications and Waivers
9.43.110 Appeals, Expiration, Extensions, and Modifications
9.43.020 Applicability: Minor Modifications
A. The provisions of this Section shall apply to specific development proposals that are for uses permitted by right or by discretionary review in the District. In no case shall a minor modification be granted pursuant to this Chapter to permit a use or activity that is not otherwise permitted in the District where the property is located, nor shall a minor modification be granted that alters the procedural or timing requirements of this Ordinance.
B. Subject to the requirements of this Chapter and except as provided in subsection (C) of this Section, the Director may grant relief from no more than 2 of the following dimensional requirements:
1. Setbacks. Up to 10 percent of the required front, side, and rear setback standards.
2. Build-to Line. Up to 5 percent of the standards for building façade location.
3. Parcel Coverage. Up to 5 percent of the maximum amount of parcel coverage.
4. Height. Maximum height of buildings and structures, up to 5 percent or 2 feet, whichever is less.
The modified height shall not exceed the maximum height permitted in the applicable land use district of the LUCE.
5. Transparency. Required ground-floor building transparency, up to 10 percent of minimum.
6. Parking, Loading, and Circulation. Modifications to dimensional standards that do not result in a reduction of required parking and loading spaces.
7. Outdoor Living Area. Allow common outdoor living area to be substituted in lieu of minimum required private outdoor living area in an equivalent amount. For the conversion of existing commercial or industrial buildings to live-work units, allow a reduction in the minimum required open space as necessary.
8. Bicycle Parking. Modification to the bicycle parking location requirements set forth in Section
9.28.140.
9. Parcel Lines. For corner parcels, consider the parcel line separating the narrowest street frontage of the parcel from the street as the side parcel line.
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Packet Pg. 288 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) 109. Exclusions. Minor Modifications pursuant to this Chapter shall not be granted for the following standards:
a. Parcel area, width, or depth;
b. Maximum number of stories;
c. Minimum or maximum number of required parking spaces; d. Residential density; or
e. Maximum floor area ratio (FAR).
C. Subject to the requirements of this Chapter, the Director may grant relief from any of the dimensional requirements specified in subsection B of this Section for properties containing a Historic Resource.
D. For any Minor Modification application filed concurrently with an application that is subject to Planning Commission review, the Planning Commission may grant relief from any of the dimensional requirements specified in subsection B of this Section. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Ord. No. 2606CCS § 13, adopted April 9, 2019)
9.43.030 Applicability: Major Modifications
A. The provisions of this Section shall apply to specific development proposals that are for uses permitted by right or by discretionary review in the District. In no case shall a Major Modification be granted pursuant to this Section to permit a new use or activity that is not otherwise permitted in the District where the property is located, nor shall a major modification be granted that alters the procedural or timing requirements of this Article.
B. Subject to the requirements of this Chapter and except as provided in subsection C of this Section, the Director may grant relief from no more than 2 of the following requirements:
1. Setbacks. Up to 20 percent or 5 feet, whichever is less of the required front, side, and rear setback standards.
2. Build-To Line. Up to 20 percent of standards for building façade location.
3. Parcel Coverage. Up to 10 percent of the maximum amount of parcel coverage.
4. Height. Maximum height of buildings and structures, up to 20 percent or 5 feet, whichever is less. The modified height shall not exceed the maximum height permitted in the applicable land use district of the LUCE.
5. Ground Floor (Floor-to-Floor) Height.
a. Minimum. Up to 1 foot of the required minimum ground floor (floor-to-floor) height. b. Maximum. Up to 4 feet of the required maximum ground floor (floor-to-floor) height.
6. Landscaping. Up to 10 percent of the required landscaping.
7. Parcel Lines. For corner parcels, consider the parcel line separating the narrowest street frontage of the parcel from the street as the side parcel line.
78. Exclusions. Major Modifications pursuant to this Chapter shall not be granted for the following standards:
a. Parcel area, width, or depth;
b. Maximum number of stories;
c. Minimum or maximum number of required parking spaces; d. Residential density; or
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Packet Pg. 289 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) e. Maximum floor area ratio (FAR).
C. If the application for a Major Modification involves a project that includes the retention and preservation of a structure or improvement that is a City-Designated Historic Resource, the Director may grant relief from maximum building height, maximum number of stories, required setbacks, maximum parcel coverage and building envelope requirements; permitted building height projections; permitted projections in required yard areas; access to private open space; landscaping; and provision of unexcavated yard areas.
D. For any Major Modification application filed concurrently with an application that is subject to Planning Commission review, the Planning Commission may grant relief from any of the dimensional requirements specified in subsection B of this Section. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2576CCS § 13, adopted 6/12/18; Ord. No. 2606CCS § 14, adopted April 9, 2019)
9.43.040 Applicability: Waivers
A. The provisions of this Section shall apply to specific development proposals that are for uses permitted by right or conditionally permitted in the District. In no case shall a waiver be granted pursuant to this Section to permit a use or activity that is not otherwise permitted in the District where the property is located, nor shall a waiver be granted that alters the procedural or timing requirements of this Ordinance.
B. Subject to the requirements of this Chapter, the Director may grant waivers from the following requirements specified in this Ordinance:
1. Upper-Story Stepbacks.
2. Build-To Lines.
3. Active Commercial Design Standards, including Transparency.
4. Active Use Requirement.
5. Unit Mix.
6. Pedestrian-Oriented Design Standards.(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2536CCS § 13, adopted February 28, 2017) 172
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Packet Pg. 290 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) Chapter 9.52
TERMS AND DEFINITIONS
Sections:
9.52.010 List of Terms
9.52.020 Definitions
9.52.010 List of Terms
30% Income Household
50% Income Household
60% Income Household
80% Income Household
100% Affordable Housing Project
Abandoned, Abandonment
Abutting, Adjoining, or Adjacent
Access
Accessory Building
Accessory Dwelling Unit
Accessory Food Service
Accessory Structure
Accessory Use
Act of Nature
Affordable Rent
Alley
Alteration
Arcade
Area Median Income (AMI)
Artist
Attic
Awning
Balcony
Base District
Base Height
Basement
Bathroom
Bay Window
Bedroom
Block
Buffer, Buffering
Building
Building, Accessory
Building, Principal
Building Code
Building Face
Building Envelope
Building Footprint
Building Height
Building Site
Build-To Line
California Department of Alcoholic Beverage Control (ABC) California Environmental Quality Act (CEQA)
Canopy
Car Sharing
Carport
Change of Use
Clerestory
City
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Packet Pg. 291 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) City Council
City Engineer
City-Designated Contributing Building or Structure
City-Designated Historic Resource
City-Designated Landmark
City-Designated Structure of Merit
CountyCommercial Boulevard
Conditionally Permitted
Construction
Corner Build-To Area
County
Courtyard
Cripple Wall
Curb Cut
Daylight Plane
Deck
Demising Wall
Demolition
Development
Development Agreement
Director
Disability
Discretionary Permit
District
Domestic Violence Shelter
Driveway
Dwelling
Dwelling Unit
Easement
Effective Date
Emergency
Entrance
Environmental Review
Environmental Impact Report (EIR)
Erect
Excavation
Façade
Façade, Street-Facing
Feasible
Fee
Fence
Floor Area
Floor Area Ratio
Footprint
Frontage, Street
Garage
Semi-Subterranean Garage
Subterranean Garage
Garage Sales
General Plan
Glare
Government Code
Grade
Average Natural Grade
Existing Grade
Finished Grade
Segmented Average Natural Grade
Theoretical Grade
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Packet Pg. 292 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) Ground Floor
Ground Floor Street Frontage
Habitation
Hazardous Materials
Height
Historic Resource
Historic Resources Inventory
Home Occupation
Household
Housing Project
Illegal Use
Intensity of Use
Intersection, Street
Junior Accessory Dwelling Unit
Kitchen
Landscape
Automatic Controller
Backflow Prevention Device
Groundcover
Hedge
Irrigation System
Landscaping
Moisture Sensing Device
Mulch
Plant Area
Lighting
Foot-Candle
Light Fixture
Shielded Fixture
Lightwell
Living Quarters
Loading Space
Loft
Lot
Maintenance and Repair
Major Transit Stop
Manufactured Housing
Mezzanine
Mixed-Use Development
Mobile Home Park
Natural Disaster
Nonconforming Building
Nonconforming Structure
Nonconforming Use
Open Space
Open Space, Common
Open Space, Private
Open Space, Usable
Outdoor Sales, Temporary and Seasonal
Outdoor Storage
Overlay District
Parapet
Parcel
Parcel, Corner
Parcel, Flag
Parcel, Key
Parcel, Reversed Corner
Parcel, Through
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Packet Pg. 293 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) Parcel Area
Parcel Depth
Parcel Frontage
Parcel Line
Parcel Line, Front
Parcel Line, Rear
Parcel Line, Side
Parcel Width
Parking Facility
Accessory Parking
Long-Term Parking
Parking, Bicycle
Long-Term Bicycle Parking
Short-Term Bicycle Parking
Parking Space, Off-Street
Accessible Parking
Car Share Parking
Independently-Accessible Parking
Shared Parking
Stacked Parking
Tandem Parking
Unbundled Parking
Valet Parking
Parking Structure
Semi-Subterranean
Subterranean
Patio
Paving
Permit
Permitted Use
Person
Person with a Disability
Planning Commission
Plaza
Podium
Port Cochere
Pre-Existing
Primary Use
Private Tennis Court
Project
Public Land
Public Resources Code
Qualified Applicant
Ramp
Reasonable Accommodation
Residential Use
Review Authority
Right-of-Way
Roof
Barrel Roof
Gambrel Roof
Hip Roof
Mansard Roof
Pitched Roof
Shed Roof
Roof Deck
Screening
Security Grate or Grilles
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Packet Pg. 294 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) Senior Citizen
Setback
Setback, Front
Setback, Rear
Setback, Side
Setback, Street Side
Sexually-Oriented Business
Shrub
Sidewalk
Sidewalk Café
Sign-Related Definitions
Site
Skylight
Solar Energy System
State Historical Building Code
Story
Street
Street Tree
Street Wall
Structural Alterations
Structure
Structure, Accessory
Structure, Main
Structure, Subterranean
Structure, Temporary
Subdivision
Swimming Pool
Temporary Structure
Trailer
Trash Screen/Enclosure
Unit
Use
Use, Accessory
Use, Primary
Use Classification
Use Permit
Use Type
Utilities
Vibration
View Corridor
Wall
Window
Primary Room Window
Secondary Room Window
Yard
Zoning Administrator
Zoning District
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2649CCS § 35, adopted September 8, 2020) 177
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Packet Pg. 295 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins))
9.52.020 Definitions
The following words or phrases as used in this Article shall have the following meanings:
9.52.020.0530 County. The County of Los Angeles
Commercial Boulevard. Commercial boulevards shall include the following:
A. Wilshire Boulevard between the eastern city limits and Ocean Avenue; B. Santa Monica Boulevard between the eastern city limits and Lincoln Boulevard; C. Broadway between the eastern city limits and Lincoln Boulevard; D. Colorado Avenue between the eastern city limits and Lincoln Boulevard; E. Olympic Boulevard between the eastern city limits and Lincoln Boulevard; F. Ocean Park Boulevard between the eastern city limits and Lincoln Boulevard; G. Pico Boulevard between the eastern city limits and Main Street; and H. Lincoln Boulevard between the southern city limits and Wilshire Boulevard.
9.52.020.0565 County. The County of Los Angeles.
9.52.020.1125 Housing Project. A use consisting of any of the following:
1. Residential units only.
2. Mixed-use developments consisting of residential and nonresidential uses in which nonresidential uses do not exceed 33% of the total building square footage and are limited to the first two floors of buildings that are two or more stories.
3. Transitional or supportive housing.
9.52.020.1360 Major Transit Stop. Major transit stop as defined in Public Resources Code Section 21064.3. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; Ord. No. 2576CCS § 15, adopted June 12, 2018; Ord. No. 2649CCS § 36, adopted September 8, 2020)
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Packet Pg. 296 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) Chapter 9.55
ARCHITECTURAL REVIEW
Sections:
9.55.010 Purpose
9.55.020 Definitions
9.55.030 Architectural Review Board—Membership
9.55.040 Guidelines and Standards
9.55.050 Reserved
9.55.060 Appointment and Term of Office
9.55.070 Rules
9.55.080 Officers, Election of Officers
9.55.090 Secretary
9.55.100 Meetings
9.55.110 Process for Establishment of Architectural Review Districts
9.55.120 Project Review by and Approval of Architectural Review Board
9.55.130 Procedure for Project ReviewApplications and Forms
9.55.140 Criteria
9.55.150 Site PlansReserved
9.55.160 Appeals
9.55.170 Architectural Review District Boundaries
9.55.180 Posting of Property
9.55.190 Administrative Design Approval
9.55.010 Purpose
The purpose of this Chapter is to promote the public health, safety, and general welfare by establishing such procedures and providing such regulations as are deemed necessary to preserve existing areas of natural beauty, cultural importance; to assure that buildings, structures, signs or other developments are in good taste, good design, harmonious with surrounding developments, and in general contribute to the preservation of Santa Monica’s reputation as a place of beauty, spaciousness, and quality; to prevent the development of structures or uses that are not of acceptable exterior design or appearance, are of inferior quality, or are likely to have a depreciating effect on the local environment or surrounding area by reason of appearance or value; to eliminate conditions, structures, or uses, which by reason of their effect tend to degrade the health, safety, or general welfare of the community; and to provide a continuing source of programs and means of improving the City’s overall appearance. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2651CCS § 1, adopted October 13, 2020)
9.55.020 Definitions
Definitions in Section 9.52.020 apply to the words and phrases used in this Chapter, except that, for purposes of this Chapter, “Director” means the Director of the City’s Community Development Department or designee. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2651CCS § 1, adopted October 13, 2020)
9.55.030 Architectural Review Board—Membership
An Architectural Review Board is hereby established which shall consist of 7 members. At least 2 of the members shall be professional architects. Other members of the Architectural Review Board shall be persons who, as a result of their training, experience, and attainments, are qualified to analyze and interpret 179
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Packet Pg. 297 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) architectural and environmental trends and information, to appraise resource uses in light of the policies set forth in this Chapter, and to be responsive to the social, aesthetic, recreational, and cultural needs of the community. Other expertise such as conservation, recreation, design, landscaping, the arts, urban planning, cultural-historical preservation, and ecological and environmental science shall, insofar as practicable, be represented on the Architectural Review Board. The Landmarks Commission may select one of its members to provide active liaison with the Architectural Review Board when the Architectural Review Board is considering additions to or modifications of historic resources. The Landmarks Commissioner chosen shall neither have a vote on the Architectural Review Board nor be eligible to be its chairperson. (Added by Ord.
No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2651CCS § 1, adopted October 13, 2020)
9.55.040 Guidelines and Standards
The Architectural Review Board may, by resolution, establish guidelines and standards for its evaluation of proposed developments within an architectural review district, to supplement the criteria in Section
9.55.140. Such guidelines and standards shall reflect and effectuate the purposes expressed by Section
9.55.010 and shall include, but need not be limited to, consideration of the following elements:
A. The integrity of neighborhood environments;
B. Existing local, social, aesthetic, recreational and cultural facilities, designs, and patterns within the architectural review district;
C. The disparate elements of neighborhood communities within the architectural review district and the architectural relationship of adjoining neighborhood communities; and D. General patterns and standards of architectural development within the entire architectural review district. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2651CCS § 1, adopted October 13, 2020)
9.55.050 Reserved
9.55.060 Appointment and Term of Office
The members of the Architectural Review Board shall be subject to removal by motion of the City Council by at least 5 affirmative votes. Except as otherwise provided in the City Charter, the members of the Architectural Review Board shall serve for a term of 4 years, commencing on July 1 and until their respective successors are appointed and qualified. The members first appointed to the Board shall so classify themselves by lot that the term of one of their number shall expire on the next succeeding July 1, and the balance of the Board shall be paired by lot and serve terms to such an extent as is necessary in order that the terms of at least one such pair shall expire in each succeeding year. Thereafter, any appointment to fill an unexpired term shall be for such unexpired period. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2651CCS § 1, adopted October 13, 2020)
9.55.070 Rules
The Architectural Review Board shall adopt rules and regulations for the conduct of its business. Four voting members shall constitute a quorum. The affirmative or negative vote of a majority of the entire membership of the Architectural Review Board shall be necessary for it to take action. No item shall be included on the consent calendar of the Architectural Review Board’s agenda unless all members agree to the inclusion of such item. If any member of the Architectural Review Board objects to scheduling a particular application on the Architectural Review Board’s consent calendar, said application shall be removed from the consent calendar and set for public hearing, and the Architectural Review Board shall be 180
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Packet Pg. 298 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) granted an additional 15 days to execute action on the application. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2651CCS § 1, adopted October 13, 2020)
9.55.080 Officers, Election of Officers
As soon as practicable following the appointment or reappointment of members each year, the Architectural Review Board shall organize and elect from its own membership a Chairperson and a Chairperson Pro Tem. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2651CCS § 1, adopted October 13, 2020)
9.55.090 Secretary
The Director shall serve or appoint staff to serve as the official secretary to the Architectural Review Board.
The records of all proceedings and basis for all findings shall be available to the City Council and to the public. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2651CCS § 1, adopted October 13, 2020)
9.55.100 Meetings
The Architectural Review Board shall meet at established intervals or as otherwise determined by the Architectural Review Board, on regularly scheduled dates. Meetings shall be arranged in order to process applications within the time required by this Chapter. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2651CCS § 1, adopted October 13, 2020)
9.55.110 Process for Establishment of Architectural Review Districts The Architectural Review Board upon its own motion may recommend to the City Council, after the review and comment of the Planning Commission thereon, any commercial, industrial, residential, or other area, or a combination of areas within the corporate boundaries of the City for inclusion in an architectural review district. The City Council, upon such recommendation, or upon its own motion, may establish one or more architectural review districts by ordinance, which may include any or all portions of the City. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2651CCS § 1, adopted October 13, 2020)
9.55.120 Project Review by and Approval of Architectural Review Board A. Except as provided by Section 9.55.190 on administrative approval, no building permit shall be issued for any project in an architectural review district unless plans, elevations, or landscaping, have been approved by the Architectural Review Board or on appeal by the Planning Commission. In addition to those projects subject to administrative approval by the Director under Section 9.55.190, the Architectural Review Board, under authority of Section 9.55.070 of this Chapter, may, by resolution, authorize the Director to approve applications for building permits for minor or insignificant projects in an architectural review district, so long as such projects do not defeat the purposes and objectives of this Chapter.
B. No completed project that is subject to and receives the Architectural Review Board’s approval shall receive a certificate of occupancy or final building inspection approval until the Director certifies that such construction has complied with the conditions and restrictions, if any, imposed by the Architectural Review Board or on appeal by the Planning Commission, and that the final construction is in conformity with the plans approved by the Architectural Review Board or on appeal by the Planning Commission.
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Packet Pg. 299 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) C. Preliminary drawings of the design of a proposed project shall be submitted to the Community Development Department for informal review so that an applicant may be informed of Architectural Review Board policies prior to preparing for plan check submittal.
D. Plans or proposals that require a Development Review Permitan Administrative Approval shall first be considered by the Architectural Review Board for a recommendation to the Planning Commission on thedesign review approval pursuant to Section 9.55.140 for appropriateness and design quality of proposed urban design elements, including, but not limited to, siting, massing, scale, circulation, and general relationship to adjacent structures and the adjacent street prior to a determination by the Director.
1. The Architectural Review Board’s design review approval shall occur after the Director’s determination on the Administrative Approval if the project has met the following:
a. At least one Architectural Review Board design review approval hearing has occurred;
b. The applicant has submitted revised plans in response to the Architectural Review Board’s design review comments; and
a.c. The project conforms precisely to all applicable development standards and the Administrative Approval determination by the Director is ready to be issued.
D. Following a determination by the Planning Commission or applicable review authority, plansE.
Plans or proposals that require a Development Review Permit shall thereafter, when appropriate, be considered by the Architectural Review Board for a design review approval pursuant to Section
9.55.140 for appropriateness and design quality of proposed urban design elements, including, but not limited to, siting, massing, scale, circulation, and general relationship to adjacent structures and the adjacent street prior to a determination by the Planning Commission.
F. At the conclusion of a public hearing, or continued public hearing, the Architectural Review Board shall issue a determination on an application. The Architectural Review Board shall be authorized to approve, conditionally approve, or disapprove exterior elevations, landscaping, and general appearance and to impose such conditions as it believes reasonable and necessary, so long as any such conditions are not in conflict with any of the conditions or requirements of the Planning Commission or applicable review authority. The Architectural Review Board shall transmit its determination to the applicable review authority in writing, including the reasons for the determination, and the findings related to the criteria for the determination in Section 9.55.140.
EG.The Architectural Review Board also shall have the authority to undertake review and approval of projects as authorized by the Zoning Ordinance or of sign permits as authorized by Chapter 9.61. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2651CCS § 1, adopted October 13, 2020)
9.55.130 Procedure for Project ReviewApplications and Forms A. Preliminary sketches of the design of a proposed project may be submitted to the Community Development Department for informal review so that an applicant may be informed of Architectural Review Board policies prior to preparing working drawings.
B. The applicant for a building permit when subject to requirements of this Chapter shall submit to the Community Development Department an application for Architectural Review Board approval. The application shall include a site plan in accordance with Section 9.55.150, exterior elevations, and such other data as will assist the Architectural Review Board in evaluating the proposed project.
Exterior elevation drawings shall be publicly available when Architectural Review Board agendas are published.
C. Preliminary plans and elevations shall be drawn to scale and shall be of sufficient clarity to indicate the nature and extent of the project and show in detail how it will conform to the provisions of this Chapter. The first sheet of each set of plans shall give the street address of the project and the name and address of the owner and the person who prepared the plans. The plot plan shall conform to 182
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Packet Pg. 300 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) Section 9.55.150. Submitted plans not in compliance with these requirements may be rejected by the Director. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2651CCS § 1, adopted October 13, 2020)A. An application shall be filed by a qualified applicant.
B. The Director shall prepare and issue application forms and lists that specify the information that will be required from applicants for design review subject to the provisions of this Chapter. The Director shall require the submission of supporting materials as part of the application, including but not limited to plans, concept diagrams, renderings, models, material samples or images of materials, contextual drawings, massing diagrams and/or models, typical details, landscape plans, and other items deemed necessary or relevant. Drawings and photographs demonstrating how the proposal fits it the surrounding context including a neighbor profile, figure-ground diagrams, and site plan. All material submitted becomes the property of the City, may be distributed to the public, and shall be made available for public inspection. At any time upon reasonable request, and during normal business hours, any person may examine an application and materials submitted in support of or in opposition to an application in the Planning Division offices. Unless prohibited by law, copies of such materials shall be made available at a reasonable cost.
C. The City Council shall approve by resolution a Municipal Fee Schedule that establishes fees for permits, appeals, amendments, informational materials, penalties, copying, and other such items.
These fees may be amended by the City Council.
9.55.140 Criteria
A. The Architectural Review Board may approve, approve with conditions, or disapprove an application submitted to it pursuant to Section 9.55.120 after consideration of whether the project complies with the following criteria:
1. The plan for the proposed project is expressive of good taste, good design, and in general contributes to the image of Santa Monica as a place of beauty, creativity, and individuality;
2. The proposed project is not of inferior quality such as to cause the nature of the local neighborhood or environment to materially depreciate in appearance and value;
3. The proposed design of the project is compatible with developments on land in the general area; and
4. The proposed project is in conformity with the effective guidelines and standards adopted pursuant to this Chapter and all other applicable ordinances relating to the location and appearance of the project involved.
B. If the Architectural Review Board finds that the project complies with the criteria in subsection A above, the Architectural Review Board shall approve the application. The Architectural Review Board may impose conditions when the proposed project does not comply with the above criteria and any such conditions are limited to those that will bring the proposed project into conformity therewith. If an application is disapproved, the Architectural Review Board shall detail in its findings, as applicable, the criteria with which the project does not comply or the guidelines that are violated. Any action taken by the Architectural Review Board in regard to a proposed project shall be in writing and include findings, signed by the Chairperson, and a copy thereof shall be provided to the applicant by email utilizing the email address provided on the application, in person, or by United States mail, upon request.
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Packet Pg. 301 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) C. A decision or order of the Architectural Review Board shall not become final until 10 days after the date upon which a ruling has been made, unless an appeal is filed pursuant to Section 9.55.160. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2651CCS § 1, adopted October 13, 2020)
9.55.150 Site PlansReserved
A. A site plan shall be drawn to scale and shall indicate the following sufficiently for consideration of urban design, visual, and safety factors:
1. Dimensions and orientation of the parcel;
2. Location of buildings and structures both existing and proposed;
3. Location of off-street parking and loading facilities;
4. Location of points of entry and exit for motor vehicles and internal circulation factors;
5. Location of walls and fences and the indication of their height and the materials of their construction;
6. Indication of exterior lighting standards and devices adequate to review possible hazards and disturbances to the public and adjacent properties;
7. Location and size of exterior signs, including any outdoor advertising;
8. A preliminary landscaping plan; and
9. Such other architectural and engineering data as may be required to permit necessary findings that the project complies with the provisions of this Chapter. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2651CCS § 1, adopted October 13, 2020)
9.55.160 Appeals
The applicant or any interested person may appeal any ruling of the Architectural Review Board made pursuant to this Chapter to the Planning Commission. Notice of any appeal from the ruling of the Architectural Review Board must be filed within 10 days of the date that such ruling is made, and must be accompanied by the fee established by the Santa Monica Municipal Code. When such an appeal is made from a ruling of the Architectural Review Board, the Planning Commission shall set a hearing date within 30 days of the receipt of said notice of appeal. The Planning Commission shall hear the appeal at the earliest practical date. The Planning Commission shall decide the appeal within 30 days after said hearing and shall base its decision on the evidence submitted to it at said hearing and on the record from the Architectural Review Board and such other records as may exist in the case. The decision of the Planning Commission on any such appeal from a ruling by the Architectural Review Board shall be final. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2651CCS § 1, adopted October 13, 2020)
9.55.170 Architectural Review District Boundaries
Pursuant to Section 9.55.110 of the Santa Monica Municipal Code, an architectural review district is hereby established. Said architectural review district shall be composed of all commercial, industrial, and residential areas within the corporate boundaries of the City, with the exception of those areas designated as R1 Districts by Article 9 of the Santa Monica Municipal Code, and those structures for which a certificate of appropriateness is obtained from the Landmarks Commission (or City Council on appeal) pursuant to Chapter 9.56 of the Santa Monica Municipal Code. Noncontributing structures located within Historic Districts shall be subject to architectural review unless otherwise exempted by the ordinance that establishes procedures for the alteration of structures within the Historic District. Single-unit structures, including accessory structures, in all districts in the City, except for those structures located in the area described in 184
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Packet Pg. 302 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) Section 9.08.030(A)(2), are also exempt from architectural review district boundaries. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2651CCS § 1, adopted October 13, 2020)
9.55.180 Posting of Property
Within 10 days after an application for architectural review has been filed, the applicant shall post the property with a preprinted sign or signs prepared by the City measuring 30 inches by 40 inches in size.
Except as set forth in this Section, the posting shall be in accordance with the requirements as to content, location(s), number of signs, height, lettering and posting period as established by the Director to ensure adequate notice. The application shall not be considered complete unless the site has been posted pursuant to this Section. Landscape applications and applications subject to administrative approval under Section
9.55.190 are exempt from the requirements of this Section. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2651CCS § 1, adopted October 13, 2020)
9.55.190 Administrative Design Approval
A. The Director is authorized to review and approve the following projects in an architectural review district by administrative approval:
1. Additions to structures or accessory structures (other than those exempted from review by Section 9.55.170) if the addition is either:
a. Behind an existing structure and not substantially visible from any public right-of-way (other than an alley), except for structures located in the R1 (Single-Unit Residential) District that are subject to review by the Architectural Review Board in accordance with Section 9.07.030(A); or
b. Within an existing courtyard, not visible from the public right- of-way (other than an alley), and maintains required and usable open space.
2. Additions to structures that are visible from a public right-of-way (other than an alley) if the addition is:
a. Less than 1,000 square feet, consistent with the existing structure’s design and proportions, and the structure is not located within the Downtown Community Plan area; or b. Less than 5,000 square feet, consistent with the existing structure’s design and proportions, and the structure is located within the Downtown Community Plan.
3.3. New buildings that:
a. Do not exceed 7,500 square feet.
b. Do not exceed 10,000 square feet and are new multiple-unit dwelling projects located in Residential and Ocean Park zoning districts.
4. Mechanical and electrical equipment on an existing structure that is substantially screened from view, and when required, rooftop screening on an existing structure that is in keeping with the design of the existing structure.
45. Replacement of existing materials with similar or consistent materials, provided that the new materials are of a comparable quality, texture, and craftsmanship as the existing structure.
56. Alterations to the design or materials of a façade of an existing structure if that structure is either:
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Packet Pg. 303 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) a. Not located in the Main Street Neighborhood Commercial District or the BC (Promenade) District with frontage along the Third Street Promenade; or b. Located in the Main Street Neighborhood Commercial District or the BC (Promenade) District with frontage along the Third Street Promenade, provided that the alterations are consistent with the structure’s existing design.
67. New window frames, door frames, windows, and doors on existing structures, provided that the new elements are of high quality and are consistent with the materials on the existing structure.
78. New awnings without signage that are not backlit and of a design and color consistent with the existing structure, including any existing awnings.
89. New construction of and alterations to outdoor dining areas permitted under Section 9.31.200, including, but not limited to, railings, awnings, lighting, and other structures and appurtenances thereto.
910. New freestanding walls or extensions to existing freestanding walls that are consistent with existing architecture.
1011. Landscape and irrigation plans for:
a. New landscaping less than 750 1,000 square feet in area that is visible from the public right-of-way (other than an alley), conforms to the City’s landscaping standards, and maintains existing mature trees wherever possible;
b. New landscaping that is not visible from the public right-of-way (other than an alley), conforms to the City’s landscaping standards, and maintains existing mature trees wherever possible; or
c. New landscaping for single-unit dwellings (other than those exempted from review by Section 9.55.170) that conforms to the City’s landscaping standards. 1112. Notwithstanding anything to the contrary in this subsection A, the only projects subject to administrative approval for existing structures on the historic resource inventory are projects involving minor or insignificant alterations to the design or materials of a façade.
B. Any application for administrative approval pursuant to this Section shall comply with the requirements of Section 9.55.130.
C. The Director may approve, approve with conditions, or disapprove an application submitted to it pursuant to subsection A after consideration of whether the project complies with the criteria in Section 9.55.140(A).
D. If the Director finds that the project complies with the criteria in Section 9.55.140(A), the Director shall approve the application. The Director may impose conditions when the proposed project does not comply with the criteria in Section 9.55.140(A) and any such conditions are limited to those that will bring such project into conformity therewith; except, however, for any project submitted pursuant to subsection (A)(3), the Director may reduce the height of the required screening based on the placement of the equipment on the roof, the existing height of the subject building and surrounding buildings, and the overall visibility of the equipment. If an application is disapproved, the Director shall detail in its written findings, as applicable, the criteria with which the project does not comply or the guidelines, if any, that are violated. Any action taken by the Director to conditionally approve or deny a proposed project shall be in writing and include findings and conditions, as applicable. A copy of the Director’s decision shall be provided to the applicant by email utilizing the email address provided on the application, in person, or by United States mail, upon request.
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Packet Pg. 304 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) E. The Director’s decision shall be effective and final upon issuance and not subject to administrative appeal.
F. No completed project that is subject to and receives the Director’s administrative approval shall receive a certificate of occupancy or final building inspection approval until the Director certifies that such construction has complied with the conditions and restrictions, if any, imposed by the Director, and that the final construction is in conformity with the plans approved by the Director. (Added by Ord. No. 2651CCS § 1, adopted October 13, 2020) 187
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Packet Pg. 305 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) Chapter 9.56
LANDMARKS AND HISTORIC DISTRICTS
Sections:
9.56.010 Title
9.56.020 Purpose
9.56.030 Definitions
9.56.040 Landmarks Commission
9.56.050 Vacancies
9.56.060 Powers
9.56.070 Jurisdiction
9.56.080 Structure of Merit Criteria
9.56.090 Structure of Merit Designation Procedure
9.56.100 Landmark or Historic District Designation Criteria
9.56.110 Public Spaces
9.56.120 Landmark Designation Procedure
9.56.130 Historic District Designation Procedure
9.56.140 Alterations and Demolitions: Criteria for Issuance of a Certificate of Appropriateness
9.56.150 Certificate of Appropriateness for Structures of Merit
9.56.160 Certificate of Economic Hardship
9.56.170 Certificate of Appropriateness/Certificate of Economic Hardship Procedure
9.56.180 Appeals
9.56.190 Maintenance and Repair
9.56.200 Unsafe or Dangerous Conditions
9.56.210 Ordinary Maintenance
9.56.220 Map
9.56.230 Voluntary Restrictive Covenants
9.56.240 Waiver
9.56.250 Extension of Certificate of Appropriateness
9.56.260 Recordation of Landmarks and Historic Districts
9.56.270 Preservation Incentives
9.56.280 CEQA Time Extensions
9.56.290 Third Street Neighborhood Historic District
9.56.300 Bay Craftsman Cluster Historic District
9.56.310 The San Vicente Boulevard Courtyard Apartments Historic District
9.56.320 The 11th Street Historic District
9.56.330 The 4th Street Corner Historic District
9.56.140 Alterations and Demolitions: Criteria for Issuance of a Certificate of Appropriateness
For purposes of this Chapter, the Landmarks Commission, or the City Council on appeal, shall issue a certificate of appropriateness for any proposed alteration, restoration, construction, removal, relocation, demolition, in whole or in part, of or to a Landmark or Landmark Parcel, or of or to a Structure of Merit if the Structure of Merit is subject to a deed restriction pursuant to Section 9.43.100(G)(9) or 9.64.030(C), or of or to a building or structure within a Historic District if it makes a determination in accordance with any one or more of the following criteria.
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Packet Pg. 306 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) A. In the case of any proposed alteration, restoration, removal or relocation, in whole or in part, of or to a Landmark or to a Landmark Parcel or upon a parcel that contains a City-designated Historic Resource subject to a deed restriction pursuant to Section 9.43.100(G)(9) or 9.64.030(C), the proposed work would not detrimentally change, destroy or adversely affect any exterior feature of the Landmark or Landmark Parcel upon which such work is to be done.
B. In the case of any proposed alteration, restoration, construction, removal or relocation, in whole or in part, of or to a building or structure within a Historic District, the proposed work would not be incompatible with the exterior features of other improvements within the Historic District, not adversely affect the character of the Historic District for which such Historic District was designated, or not be inconsistent with such further standards as may be embodied in the ordinance designating such Historic District. For any proposed work to any building or structure whose exterior features are not already compatible with the exterior features of other improvements within the Historic District, reasonable effort shall be made to produce compatibility, and in no event shall there be a greater deviation from compatibility.
C. In the case of any proposed construction of a new improvement upon a Landmark Parcel or upon a parcel that contains a City-designated Historic Resource subject to a deed restriction pursuant to Section 9.43.100(G)(9) or 9.64.030(C), the exterior features of such new improvement would not adversely affect and not be disharmonious with the exterior features of other existing improvements situated upon such Landmark Parcel.
D. The applicant has obtained a certificate of economic hardship in accordance with Section 9.56.160.
E. The Commission makes both of the following findings:
1. That the structure does not embody distinguishing architectural characteristics valuable to a study of a period, style, method of construction or the use of indigenous materials or craftsmanship and does not display such aesthetic or artistic quality that it would not reasonably meet the criteria for designation as one of the following: National Historic Landmark, National Register of Historic Places, California Registered Historical Landmark, or California Point of Historical Interest.
2. That the conversion of the structure into a new use permitted by right under current zoning or with a conditional use permit, rehabilitation, or some other alternative for preserving the structure, including relocation within the City, is not feasible.
F. In the case of any proposed alteration, restoration, removal or relocation, in whole or in part, to interior public space incorporated in a Landmark designation pursuant to Section 9.56.110, the proposed work would not detrimentally change, destroy or adversely affect any interior feature of the Landmark structure.
G. The Secretary of Interior’s Standards shall be used by the Landmarks Commission in evaluating any proposed alteration, restoration, or construction, in whole or in part, of or to a Landmark, Landmark Parcel, or to a Contributing Building or Structure within a Historic District.
H. Notwithstanding subsections (A) though (F) of this Section, a City-designated Historic Resource protected by a deed restriction pursuant to pursuant to Section 9.43.100(G)(9) or 9.64.030(C) shall not be relocated, removed, or demolished in contravention of the deed restriction. (Added by Ord.
No. 2486CCS §§ 1, 2, adopted June 23, 2015)
9.56.150 Certificate of Appropriateness for Structures of Merit A. Except as provided in Section 9.56.140, a certificate of appropriateness shall not be required for the alteration, restoration, construction or relocation of a Structure of Merit. However, the Architectural Review Board or the Planning Commission shall take into consideration the fact that the building has been designated a Structure of Merit in reviewing any permit concerning such structure.
B. Application for a certificate of appropriateness for the demolition of a Structure of Merit shall be made on a form furnished by the Department. An application shall be processed in accordance with 189
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Packet Pg. 307 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) the same procedures set forth in Sections 9.56.170 and 9.56.180 of this Code and shall be reviewed in accordance with the standards set forth in Section 9.56.140.
C. In an effort to agree to a means of historically preserving a Structure of Merit proposed for demolition, the Landmarks Commission shall have the following powers:
1. During a one hundred and eighty day time period commencing from proper filing of an application for certificate of appropriateness, the Commission may negotiate with the owner of a Structure of Merit, or with any other parties, in an effort to agree to a means of historically preserving the designated property. The negotiations may include, but are not limited to, acquisition by gift, purchase, exchange, condemnation or otherwise of the Structure of Merit.
2. Notwithstanding any of the foregoing, the Commission shall have the power to extend the required one hundred and eighty day time period to a duration not to exceed a three hundred and sixty day time period in any case where the Commission determines that such an extension is necessary or appropriate for the continued historical preservation of a Structure of Merit.
D. Notwithstanding subsection (C) of this Section, a Structure of Merit shall not be demolished in contravention of a deed restriction recorded pursuant to Section 9.43.100(G) or 9.64.030(C). (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
9.56.190 Maintenance and Repair
A. Every owner, or person in charge, of a Landmark, a Structure of Merit protected by a deed restriction pursuant to Section 9.43.100(G) or 9.64.030(C), or of a building or structure within a Historic District, shall have the duty of keeping in good repair all of the exterior features of such Landmark, Structure of Merit, or of such building or structure within a Historic District, and all interior features thereof which, if not so maintained, may cause or tend to cause the exterior features of such Landmark, or of such building or structure within a Historic District to deteriorate, decay, or become damaged, or otherwise to fall into a state of disrepair. All designated buildings or structures shall be preserved against such decay and be kept free from structural defects through the prompt repair of any of the following:
1. Façades which may fall and injure members of the public or property.
2. Deteriorated or inadequate foundation, defective or deteriorated flooring or floor supports, deteriorated walls or other vertical structural supports.
3. Members of ceilings, roofs, ceiling and roof supports or other horizontal members which age, split or buckle due to defective material or deterioration.
4. Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including broken windows or doors.
5. Defective or insufficient weather protection for exterior wall covering, including lack of paint or weathering due to lack of paint or other protective covering.
6. Any fault or defect in the building which renders it not properly watertight or structurally unsafe.
B. This Section 9.56.190 of this Chapter shall be in addition to any and all other provisions of law requiring such Landmark, Structure of Merit protected by a deed restriction pursuant to Section
9.43.100(G) or 9.64.030(C) or such building or structure within a Historic District to be kept in good repair. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015) 190
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Packet Pg. 308 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins))
9.56.200 Unsafe or Dangerous Conditions
Nothing contained in this Chapter shall prohibit the making of any necessary alteration, restoration, construction, removal, relocation or demolition, in whole or in part, of or to a Landmark or Landmark Parcel, or a Structure of Merit protected by a deed restriction pursuant to Section 9.43.100(G) or
9.64.030(C), or of or to a building or structure within a Historic District pursuant to a valid order of any governmental agency or pursuant to a valid court judgment, for the purpose of remedying emergency conditions determined to be dangerous to life, health or property. A copy of such valid order of any governmental agency or such valid court judgment shall be filed with the Director of Planning and in such cases, no certificate of appropriateness from the Landmarks Commission shall be required. (Added by Ord.
No. 2486CCS §§ 1, 2, adopted June 23, 2015)
9.56.210 Ordinary Maintenance
Nothing contained in this Chapter shall be construed to prevent ordinary maintenance or repair of any exterior features of a Landmark, a Structure of Merit protected by a deed restriction pursuant to Section
9.43.100(G) or 9.64.030(C), or of a building or structure within a Historic District which does not involve any detrimental change or modification of such exterior features. In such cases, the work must be approved by the Landmarks Commission Secretary and no certificate of appropriateness from the Landmarks Commission shall be required. The administrative determination is appealable to the Landmarks Commission and shall be filed and processed in the same manner as a certificate of appropriateness.
Examples of this work shall include, but not be limited to, the following:
A. Construction, demolition or alteration of side and rear yard fences.
B. Construction, demolition or alteration of front yard fences, if no change in appearance occurs.
C. Repairing or repaving of flat concrete work in the side and rear yards.
D. Repaving of existing front yard paving, concrete work, and walkways, if the same material in appearance as existing is used.
E. Roofing work, if no change in appearance occurs.
F. Foundation work, if no change in appearance occurs.
G. Chimney work, if no change in appearance occurs.
H. Landscaping, unless the Landmark designation specifically identifies the landscape layout, features, or elements as having particular historical, architectural, or cultural merit. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
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Packet Pg. 309 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) Chapter 9.64
AFFORDABLE HOUSING PRODUCTION PROGRAM
Sections:
9.64.010 Findings and Purpose
9.64.020 Definitions
9.64.030 Applicability of Chapter
9.64.040 Affordable Housing Obligation
9.64.050 On-Site Option
9.64.060 Off-Site Option
9.64.070 Affordable Housing Fee
9.64.080 Land Acquisition
9.64.090 Fee Waivers
9.64.100 Pricing Requirements for Affordable Housing Units
9.64.110 Eligibility Requirements
9.64.120 Relation to Units Required by Rent Control Board
9.64.130 Deed Restrictions
9.64.140 Enforcement
9.64.150 Annual Report
9.64.160 Principles and Guidelines
9.64.170 Adjustments or Waivers
9.64.010 Findings and Purpose
The City’s affordable housing production program requires developers of market rate multi-familymultipleunit developments to contribute to affordable housing production and thereby help the City meet its affordable housing need. As detailed in the findings supporting the ordinance codified in this Chapter, the requirements of this Chapter are based on a number of factors including, but not limited to, the City’s longstanding commitment to economic diversity; the serious need for affordable housing as reflected in local, state, and Federal housing regulations and policies; the demand for affordable housing created by market rate development; the depletion of potential affordable housing sites by market-rate development; and the impact that the lack of affordable housing production has on the health, safety, and welfare of the City’s residents including its impacts on traffic, transit and related air quality impacts, and the demands placed on the regional transportation infrastructure. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
9.64.020 Definitions
The following words or phrases as used in this Chapter shall have the following meanings:
A. 30% Income Household means a household whose gross income does not exceed the 30% income limits applicable to the Los Angeles-Long Beach Primary Metropolitan Statistical Area, adjusted for household size, as published and periodically updated by United States Department of Housing and Urban Development (HUD).
B. 50% Income Household means a household whose gross income does not exceed 50% of the area median income limits applicable to the Los Angeles-Long Beach Primary Metropolitan Statistical Area, adjusted for household size, as published and periodically updated by HUD. 50% income households include 30% income households.
C. 80% Income Household means a household whose gross income does not exceed 80% ofincome limits applicable to the area median incomeLos Angeles-Long Beach Primary Metropolitan Statistical Area, adjusted for household size, as published and periodically updated by HUD. 80% income households include 50% income households.
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Packet Pg. 310 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) D. Adjusted for Household Size means 70% adjustment for a household of one person, 80% adjustment for a household of two persons, 90% adjustment for a household of three persons, 100% adjustment for a household of four persons, 108% adjustment for a household of five persons, 116% adjustment for a household of six persons, 124% adjustment for a household of seven persons, 132% adjustment for a household size of eight persons. For households of more than eight persons, adjustments shall be made in accordance with applicable HUD regulations.
E. Adjusted for Household Size Appropriate for the Unit means for a household of one person in the case of a studio unit, two persons in the case of a one-bedroom unit, three persons in the case of a two-bedroom unit, four persons in the case of a three-bedroom unit, and five persons in the case of a four-bedroom unit.
F. Affordable Housing Fee means a fee paid to the City by a multi-familymultiple-unit project applicant pursuant to Section 9.64.070 of this Chapter to assist the City in the production of housing affordable to 30% income households, 50% income households, 80% income households, and moderate-income households.
G. Affordable Housing Unit means a housingdwelling unit developed by a multi-familymultiple-unit project applicant pursuant to Section 9.64.050 or 9.64.060 of this Chapter which will be affordable to 30% income households, 50% income households, 80% income households, or moderate-income households.
H. Affordable Housing Unit Development Cost means the City’s average cost to develop a unit of housing affordable to 30% income households, 50% income households, 80% income households or moderate income households.affordable housing.
I. Affordable Ownership Housing Cost. Affordable ownership housing cost means: For moderate income households whose gross incomes exceed the maximum income limits for 80% income households, “affordable housing cost shall not be less than 28%” as defined in Section 50052.5 of the gross income of the household, nor exceed the product of 35% times 110% of the area median income adjusted for household size appropriate for the unit.Health and Safety Code, as amended from time to time in accordance with law.
J. Affordable Rent. Affordable rent means:
1. For 30% income households, the product of 30% times 30% of the area median income adjusted for household size appropriate for the unit.
2. For 50% income households, the product of 30% times 50% of the area median income adjusted for household size appropriate for the unit.
3. For 80% income households whose gross incomes exceed the maximum incomes for 50% income households, the product of 30% times 60% of the area median income adjusted for household size appropriate for the unit.
4. For moderate income households, the product of 30% times 110% of the area median income adjusted for household size appropriate for the unit.
For purposes herein, affordable rent shall be adjusted as necessary to be consistent with pertinent Federal or State statutes and regulations governing Federal or State assisted housing.
K. Area Median Income or AMI. Area median income or AMI means the median family income published from time to time by HUD for the Los Angeles-Long Beach Metropolitan Statistical Area.
L. Dwelling Unit. One means dwelling unit as defined in Santa Monica Municipal Code Section
9.52.020.0730, or more rooms, designed, occupied or intended for occupancy as separate living quarters, with full cooking, sleepingany successor thereto, and bathroom facilities for the exclusive use of a single household. Dwelling unit shall also include a unit in single-room occupancy unitshousing, as defined in Santa Monica Municipal Code Section 9.5251.020(A)(1)(d)(ii), or any successor thereto.
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Packet Pg. 311 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) M. Floor Area. Floor means floor area as defined in Santa Monica Municipal Code Section
9.52.020.0870, or any successor thereto.
N. Gross Income. Gross means gross income has the same meaning as provideddefined in Title 25, Section 6914 of the California Code of Regulations, as amended from time to time, in accordance with law.
O. HCD. The means the California Department of Housing and Community Development, or its successor.
P. Housing Cost. Housing means housing cost has the same meaning as provideddefined in Title 25, Section 6920 of the California Code of Regulations, as amended from time to time in accordance with law.
Q. HUD. The means the United States Department of Housing and Urban Development, or its successor.
R. Income Eligibility. Income eligibility is based upon the gross income of the household, including the income of all wage earners, elderly or disabled family members, and all other sources of household income.
SR. Market Rate Unit. A means a dwelling unit as tofor which the rental raterent or sales price is not restricted by this Chapter.
TS. Moderate Income Household means a household whose gross income exceeds the maximum income for an 80% income household and whose gross income does not exceed the lesser of: (1) 120% of the area median income, adjusted for household size, as published and periodically updated by California Department of Housing and Community Development (HCD); or (2) twice the income limit for 50% income households, adjusted for household size, as published and periodically updated by HUD.
UT.Multi-FamilyMultiple-unit Project. A multi-family means a multiple-unit residential development, including, but not limited to, apartments, condominiums, townhouses or the multifamilymultiple-unit residential component of a mixed-use project, for which City permits and approvals are sought.
VU. Multi-FamilyMultiple-unit Project Applicant. Any means any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities which seeks City development permits or approvals to develop a multi-familymultiple-unit project.
WV. Multi-FamilyMultiple-unit Residential District. Any means any zoning district designated in the City of Santa Monica Comprehensive Zoning Ordinance as a multi-familymultiple-unit residential district.
XW. Parcel. Parcel means parcel as defined in Santa Monica Municipal Code Section 9.52.020.1530, or any successor thereto.
YX. Rent. Rent has the same meaning means rent as provideddefined in Title 25, Section 6918 of the California Code of Regulations, as amended from time to time in accordance with law.
Y. Utility Allowance means a reasonable allowance for utilities as published annually by the Santa Monica Housing Authority.
Z. Vacant Parcel. A means a parcel in a multi-familymultiple-unit residential district that has no residential structure located on it as of August 20, 1998, or which had a residential structure located on it on that date which was subsequently demolished pursuant to a demolition order of the City. No demolition of structures shall be permitted except in accordance with Santa Monica Municipal Code Chapter 9.25 et seq. or any successor thereto. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
9.64.030 Applicability of Chapter
A. The obligations established by this Chapter shall apply to each multi-familymultiple-unit project involving the construction of two or more multi-familydwelling units. Multi-family not including Accessory Dwelling Units or Junior Accessory Dwelling Units. Multiple-unit projects that have 194
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Packet Pg. 312 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) received ministerial or discretionary planning approvals on or prior to July 26, 2013, shall be subject to the provisions of Santa Monica Municipal Code Section 9.64.010 et seq., as they existed on the date of their approvals, except that pricing requirements for affordable housing units shall be published by the City on an annual basis instead of adoption by resolution of the City Council. For purposes of this Chapter, ministerial or discretionary planning approvals include, but are not limited to: plan checks, variances, conditional use permits, administrative approvals, development review permits, and development agreement ordinances.
B. No building permit shall be issued for any multi-family project unless such project has been approved in accordance with the standards and procedures set forth in this Chapter.
C
B. Notwithstanding the above, a multi-familymultiple-unit rental housing project shall be subject to Section 9.64.110 of this Chapter but shall not be subject to the other requirements of this Chapter if:
1. tThe project is secured by a regulatory agreement, memorandum of agreement, or recorded covenant with the City valid for a minimum period of 5599 years; and the project is:
21. The project is Aa 100% affordable housing project, as defined by Santa Monica Municipal Code Section 9.52.020.0050, that will be developed by a nonprofit housing provider receiving financial assistance through one of the City’s housing trust fund programs.
C. Notwithstanding the above, a multiple-unit rental housing project shall be subject to Section 9.64.110 of this Chapter but shall not be subject to the other requirements of this Chapter if:
1. The project is secured by a regulatory agreement, memorandum of agreement, or recorded covenant with the City valid for a minimum period of 55 years; and
2. The project isA a 100% affordable housing project, as defined by Santa Monica Municipal Code Section 9.52.020.0050 that: (a) will be developed by a nonprofit housing provider receiving financial assistance through the California Tax Credit Allocation Committee; (b) will comply with California Tax Credit Allocation Committee Regulations as set forth in California Code of Regulations, Title 4, Sections 10300 and following, including minimum unit size requirements set forth in Title 4, Section 10325(g)(1)(B); and (clocal, state, or federal funding sources; (b) will comply with the funding source regulations; (c) includes unit sizes that are no less than required by subsection 9.64.050(DE), unless expressly authorized by the funding source; (d) includes rents that are no higher than the rents allowed under this Chapter unless expressly authorized by the funding source; and (e) if the 100% affordable housing project satisfies any affordable obligations for a market-rate project(s), the 100% affordable project shall provide more affordable housing than would be required on site for the market-rate project, and during the City’s review of the project, the nonprofit affordable housing provider shall consult with the City regarding the category, round and type of tax creditsfunding being sought.
D. A City-Designated Historic Resource designated landmark building or contributing structure to an adopted Historic District that is retained and preserved on site as part of a multi-familymultiple-unit project shall not be considered or included in assessing any of the requirements under this Chapter.
For a Structure of Merit, the applicant shall agree to record a deed restriction prior to issuance of building permit for the project establishing that the Structure of Merit will be maintained for the life of the project. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2605CCS § 1, adopted April 9, 2019)
9.64.040 Affordable Housing Obligation
A. Except as provided in Section 9.23.030(A), all multi-familyno building permit shall be issued for any multiple-unit project applicants shall complyunless such project has been approved in 195
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Packet Pg. 313 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) accordance with the requirements ofstandards and procedures set forth in this Chapter in the following manner:.
1. Multi-family project
B. All applicants for multi-family ownershipmultiple-unit projects of four or more units in multi-family residential districts shall choosesatisfy the affordable housing obligation by choosing one of the two following options:
a. Providing1. Provide affordable housing units on-site in accordance with Section
9.64.050;
b. Providing2. Provide affordable housing units off-site in accordance with Section
9.64.060.;
2. In addition to the options established in subsections (1)(a) and (b), all other multi-family project applicants may also choose one of the following options:
a. Paying3. For projects of five units or less, pPay an affordable housing fee in accordance with Section 9.64.070(A); or
b. Acquiring4. Acquire land for affordable housing in accordance with Section 9.64.080.
B. A multi-family projectC. An application for a multiple-unit project will not be determined complete until the applicant has submitted a written proposal whichthat demonstrates the manner in which the requirements of this Chapter will be met. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
9.64.050 On-Site Option
The following requirements must be met to satisfy the on-site provisions of this Chapter:
A. For ownership projects of at least four units but not more than 15 units in multi-family residential districts, the multi-family project applicant agrees to construct at least: (1) 20% of the total units as ownership units for moderate-income households at an Affordable Ownership Hosing Cost, or as an alternative; (2) 20% of the total units as rental units for 80% income households at affordable rent if these rental units are provided by the applicant in accordance with Civil Code Sections 1954.52(b) and 1954.53(a)(2); (3) 10% of the total units as rental units for 50% income households at affordable rent if these rental units are provided by the applicant in accordance with Civil Code Sections 1954.52(b) and 1954.53(a)(2); or (4) for projects with an application for a ministerial or discretionary planning approval that is determined complete on or before March 26, 2019 or after February 28, 2022, 5% of the total units as rental units for 30% income households at affordable rent if these rental units are provided by the applicant in accordance with Civil Code Sections 1954.52(b) and 1954.53(a)(2).
B. For ownership projects of 16 units or more in multi-family residential districts, the multi-family project applicant agrees to construct at least: (1) 25% of the total units as ownership units for moderate-income households at an Affordable Ownership Housing Cost, or as an alternative; (2) 25% of the total units as rental units for 80% income households at affordable rent if these rental units are provided by the applicant in accordance with Civil Code Sections 1954.52(b) and 1954.53(a)(2); 15% of the total units as rental units for 50% income households at affordable rent if these rental units are provided by the applicant in accordance with Civil Code Sections 1954.52(b) and 1954.53(a)(2); or (4) for projects with an application for a ministerial or discretionary planning approval that is determined complete on or before March 26, 2019 or after February 28, 2022, 10% of the total units as rental units for 30% income households at affordable rent if these rental units are provided by the applicant in accordance with Civil Code Sections 1954.52(b) and 1954.53(a)(2).
C. For all other multi-family applicants, the multi-family project applicant agrees to construct at least:
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Packet Pg. 314 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins))
1. Five percent of the total units of the project for 30% income households at affordable rent for projects with an application for a ministerial or discretionary planning approval that is determined complete on or before March 26, 2019 or after February 28, 2022;
2. Ten percent of the total units of the project for 50% income households at affordable rent;
3. Twenty percent of the total units of the project for 80% income households at affordable rent; or
4. One hundred percent of the total units of a project for moderate income households at affordable rent.A. An applicant for a multiple-unit project of 6-19 units shall provide the following:
Within the Downtown Community Plan Area. 20% of total units as affordable to no more than 80% income households.
Outside of the Downtown Community Plan Area. 15% of total units as affordable to no more than 80% income households.
B. An applicant for a multiple-unit project of twenty units or more shall construct affordable housing units pursuant to subsection A, above, which shall be divided equally among 50% income households, 80% income households, and moderate income households. Any remainder units above multiples of three shall be distributed to 50% income households first and 80% income households second. For illustrative purposes, Table 9.64.050(C), below, provides examples of how distribution would look for certain projects.
Table 9.64.050(C)
# of Affordable Units in the Project 50% AMI 80% AMI Moderate Income
3 1 1 1
4 2 1 1
5 2 2 1
6 2 2 2
7 3 2 2
8 3 3 2
9 3 3 3
10 4 3 3
11 4 4 3
12 4 4 4
13 5 4 4
14 5 5 4
15 5 5 5
16 6 5 5
17 6 6 5
18 6 6 6
19 7 6 6
20 7 7 6
21 7 7 7
Additional affordable housing unit Allocate 1st Allocate 2nd Allocate 3rd C. Fractions. Any
D. Except as provided in Section 9.23.030(A), any fractional affordable housing unit that results from the formulas of this Section that is 0.755 or more shall be treated as a whole affordable housing unit (i.e., any resulting fraction shall be rounded up to the next larger integer) and that unit shall also be 197
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Packet Pg. 315 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) built pursuant to the provisions of this Section. Any fractional affordable housing unit that is less than 0.755 can be satisfied by the payment of an affordable housing fee for that fractional unit only pursuant to Section 9.64.070(BA)(2).
D. ) or by constructing all the mandatory on-site affordable units with 3 or more bedrooms.Income and Rent Limits. The City shall make available a list of income levels for 30% income households, 50% income households, 80% income households, and moderate income households, adjusted for household size, the corresponding maximum affordable rents adjusted by household size appropriate for the unit, and the minimum number of units required for 30% income households, 50% income households, or 80% income households required for typical sizes of multi-familymultiple-unit projects, which list shall be updated periodically.
E. Affordable Housing Unit Requirements.
1. The multi-familymultiple-unit project applicant may reduce either the size or interior amenities of the affordable housing units as long as there are not significant identifiable differences between affordable housing units and market rate units visible from the exterior of the dwelling units; provided, that all dwelling units conform to the requirements of the applicable Building and Housing Codes. However, except as provided in Section 9.23.030(A), each affordable housing unit provided shall have at least 2 bedrooms unless:
1. The proposed project comprises at least 95% one bedroom units, excluding the manager’s unit, in which case the mix percentage for affordable two- and three- bedroom housing units may be one bedroom;
2. The proposed project comprises at least 95% zero bedroom units, excludingshall be equal to or greater than the unit mix percentage for the corresponding market rate units. If the manager’s unit, in which casecalculation results in 0.5 or more, the fraction shall be treated as a whole affordable housing units may be zero bedroom units;
2. 3. The proposed project comprises zero and one bedroom units, excluding the manager’s unit, in which case the.
The unit mix percentage for affordable studio housing units must be at least one bedroom units; or
3. 4. The multi-family project applicant has electedshall not to payexceed 15% of the total number of affordable housing fee pursuant to Section 9.64.070(A)(2), in which case the affordable housing units must be at least 3 bedroom units. units.
2.4. The design of the affordable housing units shall be reasonably consistent with the market rate units in the project. An affordable housing unit shall have a minimum total floor area, depending upon the number of bedrooms provided, no less than the following:
0 bedrooms 500 square feet 1 occupant
1 bedroom 600 square feet 1 occupant
2 bedrooms 850 square feet 2 occupants
3 bedrooms 1,800020 square feet 3 occupants
4 bedrooms 1,200 square feet 5 occupants
5. An affordable housing unit shall comply with minimum occupancy requirements as follows:
0 bedrooms 1 occupant
1 bedroom 1 occupant
2 bedrooms 2 occupants
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Packet Pg. 316 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) 3 bedrooms 3 occupants
4 bedrooms 5 occupants
6. e. Affordable housing units in multi-family projects of 100 units or more must be evenly disbursed throughout the multi-familymultiple-unit project to prevent undue concentrations of affordable housing units.
F. All affordable housing units in a multi-familymultiple-unit project or a phase of a multifamilymultiple-unit project shall be constructed concurrently with the construction of market rate units in the multi-familymultiple-unit project or phase of that project.
G. On-site affordable housing units must be rental units in rental projects. In ownership projects, these affordable housing units may be either rental units or ownership units..
H. Each multi-familymultiple-unit project applicant, or his or her successor, shall submit an annual report to the City identifying which units are affordable units, the monthly rent (or total housing cost if an ownership unit), vacancy information for each affordable unit for the prior year, verification of income of the household occupying each affordable unit throughout the prior year, and such other information as may be required by City staff.
I. A multi-familymultiple-unit project applicant in a residential district who meets the requirements of this Section shall be entitled to the density bonuses, incentives or concessions, and waivers or reductions of development standards and incentives provided by SectionSanta Monica Municipal Code Chapter 9.22.030 or any successor thereto and the waiver/modification of development standards provided by Section 9.22.040, or any successor thereto. A multi-family project applicant in a commercial or industrial district shall be entitled to the development bonuses and incentives provided in the Land Use and Circulation Element and implementing ordinances.
J. All residential developments providing affordable housing on site pursuant to the provisions of this Section shall receive priority building department plan check processing by which housing developments shall have plan check review in advance of other pending developments to the extent authorized by law.
K. The City Council may by resolution establish compliance monitoring fees which reflect the reasonable regulatory cost to the City of ensuring compliance with this Section when affordable housing units are being initially rented or sold, when the required annual reports are submitted to the City, and when the units are being re-sold or re-leased. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2520CCS § 63, adopted June 14, 2016; Ord. No. 2605CCS § 2, adopted April 9, 2019; Ord. No. 2622CCS § 1, adopted October 22, 2019; Ord. No. 2654CCS § 1, adopted October 27, 2020)
9.64.060 Off-Site Option
The following requirements must be met to satisfy the off-site option of this Chapter:
A. A. The multi-family project An applicant for ownership projectsa multiple-unit dwelling project consisting of 420 or more units in multi-family residential districts shall agree to construct 255% more affordable housing units than the number of affordable housing units required by Section
9.64.050(A) and (B).
A.B. Fractions. Any fractional affordable housing unit that results from the formulas of this Section that is 0.5 or more shall be treated as a whole affordable housing unit (i.e., any resulting fraction shall be rounded up to the next larger integer) and that unit shall also be built pursuant to the provisions of this Section. Any fractional affordable housing unit that is less than 0.5 can be satisfied by the payment of an affordable housing fee for that fractional unit only pursuant to Section
9.64.070(A)(2).
C. B. For all other multi-family project applicants, the applicant shall agree to construct the same number ofThe off-site affordable housing units as specified in Section 9.64.050(shall be affordable to 80% income households or lower.
199
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Packet Pg. 317 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) DC).
C. . The multi-familymultiple-unit project applicant shall identify an alternate site suitable for residential housing which the project applicant either owns or has site control over (e.g., purchase agreement, option to purchase, lease) subject to City review to ensure that the proposed development is consistent with the City’s housing objectives and projects.
ED.The off-site units shallmay be located anywhere in the City except for within a one-quarter mile radius of the market rate units. the area defined in Figure 9.64.060.A, Off-Site Affordable Housing Prohibition Area, below.
Figure 9.64.060.A – Off-Site Affordable Housing Prohibition Area 200
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Packet Pg. 318 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) FE. The off-site units shall satisfy the requirements of subsections (D) through (J) of Section 9.64.050.
GF.ThePooling Units/No Double Counting. If two or more market rate projects elect to use the off-site option in a single project, the off-site affordable housing unitsin the project shall not countbe counted twice towards the satisfaction of any affordable housing obligation that development of the alternative site with market rate units would otherwise be subject to pursuant to this Chapter.
G. Exceptions to the location of the off-site units specified in this Section may be granted by the Planning Commission on a case-by-case basis upon, but shall count towards eligibility for a showing by the multi-family project applicant, based upon substantial evidence, that the location of off-site units in a location different from that specifieddensity bonus in this Section better accomplishes the goals of thisaccordance with Chapter, including maximizing affordable housing production and dispersing affordable housing throughout the City 9.22.
HG. The off-site affordable units shall be owned in whole or part and operated by a nonprofit affordable housing provider for the life of the project, and the Final Construction Permit Sign Off or Certificate of Occupancy for the off-site affordable units shall be issued prior to or concurrently with the marketrate housing project.
IH .The City Council may by resolution establish compliance monitoring fees which reflect the reasonable regulatory cost to the City of ensuring compliance with this Section when affordable housing units are initially being rented or sold, when the required annual reports are submitted to the City, and when the units are being re-sold or re-leased. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
9.64.070 Affordable Housing Fee
A multi-familymultiple-unit project applicant eligible to meetmay satisfy the affordable housing obligations established by this Chapter by paying an affordable housing fee shall pay the fee in accordance with the following requirements:
A. A. Multiple-unit projects of five units or less based on the following formulaAn affordable housing fee may be paid in accordance with the following formulas:
(
1. Affordable housing unit base fee) x (floor area of multi-familymultiple-unit project;)
2B. Multi-familyMultiple-unit projects of six units or more with fractional affordable housing units of less than 0.755 based on the formula established in Section 9.64.050 and 9.64.060:
(City’s affordable housing unit development cost) x (fractional percentage) CB.For purposes of this Section, the affordable housing unit base fee shall be established by resolution of the City Council. Commencing on July 1, 2006 and on July 1st of each fiscal year thereafter, the affordable housing unit base fee shall be adjusted based on changes in construction costs and land costs. The amount of the affordable housing fee that the multi-familymultiple-unit project applicant must pay shall be based on the affordable housing unit base fee resolution in effect at the time that the affordable housing fee is paid to the City.
DC. For purposes of this Section, the City’s affordable housing unit development cost shall be established by resolution of the City Council. Commencing on July 1, 2007 and on July 1st of each fiscal year thereafter, the City’s affordable housing unit development cost shall be adjusted based on changes in construction costs and land costs. The affordable housing fee that the multifamilymultiple-unit project applicant must pay shall be based on the affordable housing unit development cost resolution in effect at the time of payment to the City. 201
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Packet Pg. 319 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) ED.The amount of the affordable housing unit base fee may vary by product type (apartment or condominium) and shall reflect, among other factors, the relationship between new market rate multi-familymultiple-unit development and the need for affordable housing.
FE. The affordable housing fee shall be paid in full to the City prior to the City granting any approval for the occupancy of the project, but no earlier than the time of building permit issuance.
GF.The City shall deposit any payment made pursuant to this Section in a reserve account separate from the General Fund to be used only for development of affordable housing, administrative costs related to the production of this housing, and monitoring and evaluation of this affordable housing production program. Any monies collected and interest accrued pursuant to this Chapter shall be committed within five years after the payment of such fees or the approval of the multifamilymultiple-unit project, whichever occurs later. Funds that have not been appropriated within this five-year period shall be refunded on a pro rata share to those multi-familymultiple-unit project applicants who have paid fees during the period. Expenditures and commitments of funds shall be reported to the City Council annually as part of the City budget process.
HG. An affordable housing fee payment pursuant to this Section shall not be considered provision of affordable housing units for purposes of determining whether the multi-familymultiple-unit project qualifies for a density bonus pursuant to Government Code Section 65915. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
9.64.080 Land Acquisition
A. A multi-familymultiple-unit project applicant may meet the affordable housing obligations established by this Chapter by making an irrevocable offer:
1. Dedicating land to the City or a non-profit housing provider;
2. Selling of land to the City or a non-profit housing provider at below market value; or
3. Optioning of land on behalf of the City or a non-profit housing provider.
Each of these options must be for a value at least equivalent to the affordable housing obligation otherwise required pursuant to this Section.
B. The multi-familymultiple-unit project applicant must identify the land at the time that the development application is filed with the City. Any land offered pursuant to this Section must be located within one-quarter mile radius of the market rate units unless the multi-familymultiple-unit project applicant demonstrates that locating the land outside of this radius better accomplishes the goals of this Chapter, including maximizing affordable housing production and dispersing affordable housing throughout the City. The City may approve, conditionally approve or reject such offers subject to administrative guidelines to be prepared by the City Manager or designee. If the City rejects such offer, the multi-familymultiple-unit project applicant shall be required to meet the affordable housing obligation by other means set forth in this Chapter. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
9.64.090 Fee Waivers
The Condominium and Cooperative Tax described in Section 6.76.010 of the Santa Monica Municipal Code or any successor thereto and the Park and Recreation Facilities Tax established in Chapter 6.80 of Article 6 of the Santa Monica Municipal Code or any successor thereto, the Transportation Impact Fee required by Chapter 9.66, or any successor thereto, the Open Space Fee required by Chapter 9.67, or any successor thereto, and the Childcare Linkage Fee required by Chapter 9.65, or any successor thereto, shall be waived for required affordable housing units and for 30%, 50%, 80% and moderate-income dwelling units developed by the City or its designee using affordable housing fee. However, any multifamilymultiple-unit project applicant who elects to pay an affordable housing fee shall not be eligible for any fee waiver under this Section. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015) 202
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9.64.100 Pricing Requirements for Affordable Housing Units The City shall publish, on an annual basis, the 30%, 50%, 80%, and moderate -income household levels, and affordable rents for affordable housing units, adjusted for household size appropriate for the unit. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
9.64.110 Income Eligibility Requirements
A. Only 30%, 50%, 80% and moderate-income households shall be eligible to occupy or own and occupy affordable housing units. The City shall develop a list of income-qualified households. MultifamilyMultiple-unit project applicants shall be required to select households from the Citydeveloped list of income-qualified households, except applicants of ownership projects of four or more units in the City’s multi-family residential zones may themselves select income-qualified households which shall be subject to eligibility certification by the City.
B. The following individuals, by virtue of their position or relationship, are ineligible to occupy an affordable housing unit:
1. All employees and officials of the City of Santa Monica or its agencies, authorities, or commissions who have, by the authority of their position, policy-making authority or influence over the implementation of this Chapter and the immediate relatives and employees of such City employees and officials;
2. The immediate relatives of the applicant or owner, including spouse, children, parents, grandparents, brother, sister, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, sister-in-law, and brother-in-law.
C. 3. For purposes of this Chapter, income eligibility is based upon the gross income of the household, including the income of all adult wage earners including elderly or disabled family members, and all other sources of household income from adults. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
9.64.120 Relation to Units Required by Rent Control Board 30%, 50%, 80% and moderate-income dwelling units developed as part of a market rate project, pursuant to replacement requirements of the Santa Monica Rent Control Board, shall count towards the satisfaction of this Chapter if they otherwise meet applicable requirements for this Chapter including, but not limited to, the income eligibility requirements, deed restriction requirements, and pricing requirements. New inclusionary units required by the Rent Control Board which meet the standards of this Chapter shall count towards the satisfaction of this Chapter. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
9.64.130 Deed Restrictions
Prior to issuance of a building permit for a project meeting the requirements of this Chapter by providing affordable units on-site or off-site, the multi-familymultiple-unit project applicant shall submitrecord deed restrictions or other legal instruments setting forth the obligation of the applicant under this Chapter for City review and approval. Such restrictions shall be effective for at least fifty-five55 years. In addition to the administrative guidelines specifically required by other provisions of this Chapter, the City Manager or designee shall be the designated authority to enter into recorded agreements with multi-familymultiple-unit project applicants. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015) 203
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9.64.140 Enforcement
No building permit or occupancy permit shall be issued, nor any development approval granted, for a project which is not exempt and does not meet the requirements of this Chapter. All affordable housing units shall be rented or owned in accordance with this Chapter. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
9.64.150 Annual Report
The City Manager or designee, shall submit a report to the City Council on an annual basis which shall contain information concerning the implementation of this Chapter. This report shall also detail the projects that have received pPlanning approval during the previous year and the manner in which the provisions of this Chapter were satisfied. This report shall further assess whether the provisions of Proposition R have been met and whether changes to this Chapter or its implementation procedures are warranted. In the event the provisions of Proposition R have not been met, the City Council shall take such action as is necessary to ensure that the provisions will be met in the future. This action may include, but not be limited to, amending the provisions of this Chapter or its implementation. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
9.64.160 Principles and Guidelines
The City Manager, or designee, shall develop guidelines to implement this Chapter, which guidelines shall be subject to approval of the City Council. The guidelines shall include, but not be limited to, the methodology for the establishment and periodic adjustment of the base fee and the affordable housing unit development cost; for-sale affordable unit requirements, tenant and purchaser eligibility procedures; and additional requirements for exercise of the off-site option and land acquisition option. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
9.64.170 Adjustments or Waivers
A. A multi-familymultiple-unit project applicant may request that the requirements of this Chapter be adjusted or waived based on a showing that applying the requirements of this Chapter would effectuate an unconstitutional taking of property or otherwise have an unconstitutional application to the property.
B. To receive an adjustment or waiver, the applicant must submit an application to the City Manager or designee, at the time the applicant files a multi-familymultiple-unit project application. The applicant shall bear the burden of presenting substantial evidence to support the request and set forth in detail the factual and legal basis for the claim, including all supporting technical documentation.
C. In making a determination on an application to adjust or waive the requirements of this Chapter, the City Manager or designee, or City Council on appeal, may assume each of the following when applicable:
1. The applicant is subject to the affordable housing requirementobligation of this Chapter;
2. The applicant will benefit from the inclusionary incentives set forth in this Chapter and the City’s Municipal Code;
3. The applicant will be obligated to provide the most economical affordable housing units feasible in terms of construction, design, location and tenure.
D. The City Manager or designee shall render a written decision within ninety days after a complete application is filed. The City Manager’s or designee’s decision may be appealed to the City Council if such appeal is filed within fourteen consecutive calendar days from the date that the decision is 204
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Packet Pg. 322 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) made in the manner provided in Santa Monica Municipal Code Chapter 9.37, Common Procedures of this Code, or any successor thereto.
E. If the City Manager or designee, or City Council on appeal, upon legal advice provided by or at the behest of the City Attorney, determines that applying the requirements of this Chapter would effectuate an unconstitutional taking of property or otherwise have an unconstitutional application to the property, the affordable housing requirements shall be adjusted or waived to reduce the obligations under this Chapter to the extent necessary to avoid an unconstitutional result. If an adjustment or waiver is granted, any change in the use within the project shall invalidate the adjustment or waiver. If the City Manager or designee, or City Council on appeal, determines that no violation of the United States or California Constitutions would occur through application of this Chapter, the requirements of this Chapter remain fully applicable. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
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Packet Pg. 323 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) Attachment B - Proposed Amendments to the Downtown Community Plan These changes to the DCP are proposed in addition to the changes adopted on March 10, 2020 per Resolution 11239 (CCS) and August 25, 2020 per Resolution 11284 (CCS):
Section 2A.4, Entitlement and Tier System, page 28
The LUCE addresses the Downtown area from a broad policy perspective, outlining goals and objectives, but defers the specific land-use standards to the Downtown Community Plan. The DCP implements a modified version of the LUCE Tiering system, which provides distinct entitlement processes for projects of certain sizes and/or land uses.
The DCP entitlement system differentiates between housing projects and commercial projects, and relies upon process thresholds to crate distinct entitlement pathways for each project type, which are summarized in Chapter 4, 9.10.050, Application Thresholds Table. Downtown housing projects are strongly encouraged to support a strong economically diverse residential neighborhood component to Downtown vitality. These are consequently provided more generous floor area thresholds than their commercial counterpart. Housing projects are defined in Chapter 4, Standards and Regulations,
9.10.050.
• “Base” Projects Typically, developments that conform to Tier 1 standards are referred to as “base” projects. Base projects must meet minimum project requirements for setbacks, design and open space, and pay adopted fees for items such as affordable housing, trip reduction, cultural arts and childcare fees. Projects that provide the required percentage of Affordable Housing Production Program (AHPP) on-site are allowed an additional floor of housing for a maximum of three stories and 39 feet.
1. Housing Projects
Any streamlined housing project up to 75,000on sites less than 43,560 sq. ft. may be processed through an administrative Administrative approvalApproval. Any housing project that meets the definition of “housing development project” under the Housing Accountability Act and that, consistent with the Housing Accountability Act, complies with all applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the project application is deemed complete, may be processed through an administrative approval up to the thresholds established by Section 9.10.050.
2. Commercial Projects
Smaller commercial projects that conform to Tier 1 standards may be processed through an Administrative Approval.
Development Review Projects
Certain Tier 2 commercial projects and certain Tier 3 housing projects on site that are 43,560 sf or greater are permitted by Development Review Permit (DRP), allowing typical mixed-use housingthese projects to be approved through discretionary review and a Planning Commission public hearing that gives community members a venue to share thoughts and input on proposed projects. By law, Planning Commission decisions are appealable to the City Council. The project requirements for Tier 2 and nonnegotiated Tier 3 housing projects are unique to Downtown. This system of project requirements is intended to incentivize and place a priority on the development of housing in Downtown, implement affordable housing requirements that result in a greater number and a more diverse unit mix, and ensure greater discretionary review for larger housing projects and commercial projects. Two types of projects qualify for Development Review Permits within the DCP.
1. Housing Projects on Sites 43,560 Square Feet or Greater
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Packet Pg. 324 Attachment: Attachment C - DCP Redlines (5610 : Housing Element Implementation (120 mins)) Tier 2. Tier 2 housing projects are considered non-negotiated projects. These projects are required to comply with affordable housing requirements and affordability mix as established in Chapter 4, Standards and Regulations, 9.10.070 and must also contribute augmented fees at Tier 2 levels.
Tier 3. In the Transit Adjacent Zone only, larger hHousing projects that conform to Tier 3 height standardsare larger than 90,000 sf are considered non-negotiated discretionary projects. These projects are required to comply with affordable housing requirements and affordability mix as established in Zoning Ordinance Section 9.10.070 and must also contribute augmented fees at Tier 3 levels.
2. Commercial All Other Projects Tier 2Between 10,000-30,000 SF.
Tier 2 non-residential projects between 10,000-30,000 square feet are considered non-negotiated discretionary projects that must contribute to the community benefits program at Tier 2 levels.
Chapter 2A.4, page 29
Development Agreement Projects
Development Agreements are used to process specific properties where special conditions of size, shape, geography or existing or desired development require particular attention and additional analysis.
This approach allows the city to address the specific physical conditions and challenges posed by these sites and negotiate for significant benefits from larger individual development projects. In the Downtown district, several project types will require a negotiated development agreement, regardless of proposed height and tier, with negotiated community benefits approved by the City Council. Guidelines for on-site benefits that are aligned with the community benefit priorities for Downtown are listed in Table 2A.4.
Commercial All Other Projects.
All Tiers. Non-residential commercialhousing projects greater than 30,000 square feet of floor area shall be required to be processed through a development agreement. Under no circumstances shall projects be considered for increases beyond height or FAR standards set forth in this Plan.
All development agreement projects are expected to provide community benefits that contribute to Downtown’s priorities and fees in excess of Tier 3 fee requirements. Table 2A.3 provides guidelines to priority areas that should guide development agreement negotiations. These priority areas are a baseline for further negotiation.
Chapter 4, page 177
These changes are proposed as part of implementation of the Housing Element Update:
9.10.050 Application Thresholds Table
Streamlined Housing Project All Other Projects
Administrative Approval Projects up to 75,000 sfSites
less than 43,560 sf
Less than 10,000 sf
Development Review Permit Tier 2 greater than 75,000 sf Tier 3 Projects greater than
90,000 sfSites 43,560 sf or
greater
10,000 - 30,000 sf
Development Agreement N/A Greater than 30,000 sf
A. “Streamlined Housing Project” means a use consisting of any of the following:
1. Residential units only
2. Mixed-use developments consisting of residential and nonresidential uses in which nonresidential uses do not exceed 25% of the total building square footage and are limited to neighborhood commercial uses and to the first two floors of buildings that are two or more stories
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3. Transitional or supportive housing
B. Administrative Approval Review Procedures.
1. For projects eligible for an Administrative Approval under Table 9.10.050 and exempt from Development Review Permit Requirements under 9.10.050(C)(1) or (2), an applicant shall conduct a community meeting to receive community input on the proposal, which. The community meeting shall be conducted prior to submitting an application, and with noticing and reporting on the community meeting as required in guidelines adopted by the Director.
2. Following receipt of a recommendation decision from the Architectural Review Board, the Director shall issue a decision determination on the Administrative Approval in accordance with SMMC Chapter 9.39.
C. Housing Exemptions. The following types of projects are exempt from Development Review Permit requirements:
1) 100% Affordable Housing Projects
2) Tier 2 Streamlined Housing Projects – Streamlined housing projects on sites that are less than 43,560 sf including projects that have been granted modifications and waivers in accordance with Santa Monica Municipal Code Chapter 9.43 Modifications and Waivers. that meet the definition of “housing development project” under the Housing Accountability Act, Government Code Section 65589.5, (“Housing Accountability Act”) and that, consistent with the Housing Accountability Act, comply with all applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the project application is deemed complete, up to the thresholds established by the Zoning Ordinance.
9.10.030 Applicability and Relationship to Santa Monica Municipal Code and Other Regulations A. Applicability. The Downtown Community Plan establishes the area’s regulations and standards and shall guide all land use and development and circulation related decision-marking processes for the Plan area.
B. Relationship to Santa Monica Municipal Code and Other Regulations
1. General. If provisions in the Downtown Community Plan and Article 9 of the Santa Monica Municipal Code (“Zoning Ordinance”) are in conflict, the provisions in the Downtown Community Plan shall be applied. Where land use regulations, development standards, administrative regulations, and general terms and definitions are not specifically addressed by the Downtown Community Plan, Article 9 of the Santa Monica Municipal Code (“Zoning Ordinance”) shall be applied. Land use regulations for DCP land use districts may be found in Chapter 9.10 of the Zoning Ordinance. a. Projects that include affordable housing on City-Owned properties shall be exempted from the Downtown Community Plan and Zoning Ordinance pursuant to Section 9.01.040(A)(1)(d).
Chapter 4, page 178
9.10.060 Development Standards
Table 4.2 prescribes the development standards for Downtown districts. Additional regulations are denoted with Section numbers in the right hand column or with individual letters in parentheses. Section numbers refer to other Sections of this Ordinance, while individual letters in parentheses refer to subsections that directly follow the table.
Table 4.2 Development Standards—Downtown Districts
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LT
(west) NV
BC
(promen
ade)
BC
(2nd & 4th
Streets) TA OT WT
Additional
Regulations
Parcel and Intensity Standards
Minimum
Parcel Size
(sq. ft.)
7,500 7,500 7,500 7,500 7,500 7,500 7,500 7,500
Minimum
Parcel Width
(ft.)
50 50 50 50 50 50 50 50
Minimum
Parcel Depth
(ft.)
150 150 150 150 150 150 150 150
Maximum FAR SMMC
Section
9.04.080
Determining
FAR
Housing
Projects 3.00 3.00 4.00 3.00 3.50 4.00 3.00 3.25
SMMC
Section
9.31.195,
Multiple-Unit
Dwelling
Projects
100%
Affordable
Housing
Projects
3.50 3.50 4.50 3.50 4.00 4.50 3.50 3.75
Tier 1 1.25 1.25 1.75 1.75 1.75 1.75 1.75 1.5
Tier 1 – With
Housing 1.5 1.5 2.25 2.25 2.25 2.25 2.25 1.5 Section
Tier 2 1.75 2.25 2.75 2.75 3.0 3.0 2.25 1.75
SMMC
Section
9.10.070
Project
Requirements
for Tier 2 and
Tier 3 Projects
Tier 2 – With
Housing 2.25 2.75 3.5 2.75 3.5 3.5 2.75 2.25 Section
9.10.070
Tier 2 with
Housing for
Parcels that
Front on
Wilshire, not
located
adjacent to a
residential
district and
Have a LUCE
designation of
Downtown
Core
- - - - - - - 2.75
Tier 3
- - - - - 3.5 - -
SMMC
Section
90.10.070
Project
Requirements
for Tier 2 and
Tier 3 Projects
Tier 3 – With
Housing - - - - - 4.0 - -
100%
Affordable
Housing
Projects
2.75 3.25 4.0 3.25 4.0 4.0 3.25 2.75
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LT
(west) NV
BC
(promen
ade)
BC
(2nd & 4th
Streets) TA OT WT
Additional
Regulations
100%
Affordable
Housing
Projects—
Parcels that
front on
Wilshire
Boulevard,
are not
located
adjacent to a
residential
district, and
have a LUCE
designation of
Downtown
Core
- - - - - - - 3.25
Building Form and Location
Maximum Building Height (ft) SMMC
Section
9.04.050
Measuring
Height
Tier 1 – Base
Standard 32’ 32’ 32’ 32’ 32’ 32’ 32’ 32’
Housing
Projects
65’ 65’ 84’ 65’ 65’ 84’ 65’ 70’
100%
Affordable
Housing
ProjectsTier 1
– Housing
Projects
Including OnSite
Affordable
Housing in
Compliance
with AHPP
75’39’ 75’39’ 94’39’ 75’39’ 75’39’ 94’39’ 75’39’ 80’39’ Tier 1 – Base
Standard 32’ 32’ 32’ 32’ 32’ 32’ 32’ 32’
Tier 2 40’ 50’ 60’ 60’ 60’ 60’ 50’ 40’
Tier 2 – With
Housing 50’ 60’ 60’ 60’ 60’’ 60’ 50’ 50’
Tier 2 with
Housing for
Parcels that
Front on
Wilshire, not
located
adjacent to a
residential
district and
Have a LUCE
designation of
Downtown
Core
- - - - - - - 60’
Tier 3 - - - - - 84’ - -
Tier 3 – With
Housing - - - - - 84’ - -
100%
Affordable
Housing
Projects
60’ 70’ 70’ 70’ 70’ 84’ 60’ 60’
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LT
(west) NV
BC
(promen
ade)
BC
(2nd & 4th
Streets) TA OT WT
Additional
Regulations
100%
Affordable
Housing
Projects—
Parcels that
front on
Wilshire
Boulevard,
are not
located
adjacent to a
residential
district, and
have a LUCE
designation of
Downtown
Core
- - - - - - - 70’
Height
Transitions to
Residential
Districts
See (A)
(1)
See (A)
(1) N/A N/A N/A N/A N/A See (A)
(1)
Minimum
Ground Floor
Height
11’
Maximum
Ground floor
Height
16’ 16’ 16’ N/A 16’ 16’ 16’ 16’
Building Form Regulated by Building Type
Minimum
Stepbacks (ft)
Required
above Ground
Floor
15% of
façade
15% of
façade
15% of
façade N/A N/A 15% of façade
15% of
façade
15% of
façade
See (C)(2)
Build to Line See (C)(1)
Minimum
Upper Level
Stepbacks
35% of façade, see (C)(3)
Minimum
Open Space
Varies by
lot width,
see
(B)(1)
Varies
by lot
width,
see
(B)(1)
Varies by
lot width,
see
(B)(1)
N/A
Varies by
lot width,
see
(B)(1)
Varies by
lot width,
see
(B)(1)
Varies by
lot width,
see (B)(1)
Varies by
lot width,
see (B)(1)
Minimum Side
Interior
15% of
façade,
see
(C)(5)
15% of
façade,
see
(C)(5)
15% of
façade,
see
(C)(5)
N/A
15% of
façade,
see
(C)(5)
15% of
façade,
see
(C)(5)
15% of
façade,
see (C)(5)
15% of
façade,
see (C)(5)
Minimum
Unbroken
Primary
Façade
Length
10’ wide by 5’ depth, see (C)(7)
Building
Frontage Line
(Ground Floor
Setback)
See (D) See (D) See (D) See (D) See (D) See (D) See (D) See (D)
Minimum
Interior Side
and Rear –
Adjacent to
Residential
District
10’ see
(A)(1)
Illustr.
4.32 10’ see
(A)(1)
Illustr.
4.32 N/A N/A N/A N/A N/A
10’ see
(A)(1)
Illustr.
4.32 Rear Adjacent
to Alley 2’ for first 16’ of building height measured from rear property line
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LT
(west) NV
BC
(promen
ade)
BC
(2nd & 4th
Streets) TA OT WT
Additional
Regulations
Parking See SMMC Chapter 9.28 Parking, Loading, and Circulation Active Design
Active Design See (E)
Pedestrian
Oriented
Design
See (E)
Additional Standards
Accessory
Dwelling Unit SMMC Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Accessory
Food Service SMMC Section 9.31.030 Accessory Food Service Accessory
Structures SMMC Section 9.21.020, Accessory Buildings and Structures Affordable
Housing
Production
Program
SMMC Chapter 9.64, Affordable Housing Production Program Automobile/V
ehicle Sales,
Leasing, and
Storage
SMMC Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage Bicycle
Parking SMMC Section 9.28.140, Bicycle Parking
Density Bonus SMMC Chapter 9.22, Density Bonus
Exceptions to
Height Limits SMMC Section 9.21.060, Height Exceptions
Fences,
Walls, and
Hedges
SMMC Section 9.21.050, Fences, Walls, and Hedges
Home
occupation SMMC Section 9.31.160, Home Occupation
Junior
Accessory
Dwelling Units
SMMC Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Landscaping
and Street
Trees
SMMC Subsection 9.11.030(F), Chapter 9.26, Landscaping
Lighting SMMC Section 9.21.080, Lighting
Multiple-Unit
Dwelling
Projects
SMMC Section 9.31.195, Multiple-Unit Dwelling Projects
Multiple-Unit
Dwelling
Projects
Located on
Community
Assembly
Surface
Parking Lots
SMMC Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots Off-Street
Parking and
Loading
SMMC Chapter 9.28, Parking, Loading, and Circulation
Refuse and
Recycling
Screening and
Enclosure
SMMC Section 9.21.130, Resource Recovery and Recycling Standards Signs SMMC Chapter 9.61, Signs
Screening SMMC Section 9.21.140, Screening
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LT
(west) NV
BC
(promen
ade)
BC
(2nd & 4th
Streets) TA OT WT
Additional
Regulations
Solar Energy
Systems SMMC Section 9.21.150, Solar Energy Systems
Refuse and
Recycling
Screening and
Enclosure
SMMC Section 9.21.130, Resource Recovery and Recycling Standards Sustainability SMMC Chapter 8.106, Green Building Standards Code Chapter 4, Section C, page 184
A.BUILDING HEIGHT TRANSITION TO RESIDENTIAL DISTRICTS
1. In the Wilshire Transition District and along the east side of Lincoln Boulevard, buildings shall not extend above a plane starting at 30 feet in height directly above the parcel line abutting any residentially zoned parcel, or where there is an alley, the centerline of the alley, and from that point, extending in at a 45-degree angle from vertical toward the interior of the site, up to the maximum building height (see Illustration 4.32). The 30 foot height measurement shall be taken from the same reference grade as determined for the subject site pursuant to SMMC Section 9.04.050.
B. OPEN SPACE
1. Minimum Open Space Requirements, per (B)(2)
Lot width of 50 feet or less None
Lot width between 51 feet and 150 feet 20% total: 10% located at Ground Floor or Podium at 1 or 2 Levels above Ground and 10%
without regulated location
Lot widths greater than 150 feet 5% total: 12.5% located at Ground Floor or Podium at 1 or 2 Levels above Ground and 12.5%
without regulated location
The open space requirements established in this subsection B supersede the open space requirements established in Section 9.21.090 of the Zoning Ordinance.
2. The minimum area required for open space is expressed as a percentage of the buildable area (i.e. remaining parcel after required setbacks) and is based on lot width. Unless otherwise noted, this open space may be public or private.
3. Required open space can be accommodated at-grade, on a podium one or two levels above the ground floor, in private exterior balconies that are a minimum of 35 sf each, roof gardens, or any combination thereof.
4. 25% of the overall open space required for a project must be designed as common open space.
5. Ground floor building setbacks resulting from compliance with subsection (D) shall not be counted towards compliance with this requirement. Building setbacks that exceed the minimum requirement may be included towards compliance with this requirement, provided any overhanging encroachments have a minimum vertical clearance equivalent to the ground floor height requirement.
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6. Stepbacks resulting from compliance with subsections (C)(2) and (C) (3) may be counted towards compliance with this requirement
7. For lot widths greater than 50’ in width, the maximum height to width ratio of any Courtyard is 1.7:1 (e.g. a Courtyard within a 60’ tall structure must have a minimum dimension of 35’). Where sides of a Courtyard are unequal in height, they may be averaged to determine the effective height. The minimum Courtyard dimension on any side shall be 20 feet.
8. Projections and Encroachments into the Courtyard are permitted on all sides, provided that the minimum dimension of 20’ is maintained.
9. Breaks in buildings required by Maximum Unbroken Primary Facade Length of subsection (C)(67), shall count toward Open Space Requirements if it connects to an interior open space.
10. All visible portions of a required setback, not used for vehicular or pedestrian access to the building, shall consist of hardscape, planting areas, and/or pedestrian amenities like entry courtyards, plazas, entries, outdoor eating and display areas, or other uncovered areas designed and accessible for public use.
C. BUILDING MODULATION STANDARDS
In order to modulate building mass and express a design concept, new buildings or additions to existing buildings shall be designed in three dimensions on the front and sides to ensure light and air into buildings and down to the street.
1. Build-To Line. Buildings with nonresidential uses on the ground floor and not facing a residential district shall be constructed at the building frontage line for 70 percent of linear street frontage.
Building entries required to be recessed due to technical codes may be counted towards this requirement. This requirement may modified upon finding that:
a. An alternative configuration can be approved based on the findings in Chapter 9.43.020, Minor Modifications.
b. The alternative configuration meets the objectives of the DCP Design Guidelines. c. Entry courtyards, plazas, small parks, entries, outdoor eating and display areas, or other uncovered areas designed and accessible for public use are located between the build-to line and building, provided that the buildings are built to the edge of the courtyard, plaza, small park, or dining area; and
d. The building incorporates an alternative entrance design that creates a pedestrian-oriented entry feature facing the street
2. Minimum Required Stepbacks Above Ground Floor.
a. Districts with 50 or 60 up to 70 feet Maximum Allowable Height Limit. Minimum required stepbacks from the building frontage line are established above the ground floor. The Minimum Required Stepback Above the Ground Floor and below 39 feet shall be 15% of the front façade area. Stepbacks shall be a minimum of 5 feet and are not required to be open to the sky.
Projections into the required stepbacks are permitted pursuant to 9.10.120(A). b. Districts with 84 Feet Maximum Allowable Height Limit. Minimum required stepbacks from the building frontage line are established above the ground floor. The Minimum Required Stepback Above the Ground Floor and below 60 feet shall be 15% of the front façade area. Stepbacks shall be a minimum of 5 feet and are not required to be open to the sky. Projections into the required stepbacks are permitted pursuant to 9.10.120(A).
c. Bayside Conservation District. In order to maintain a consistent streetwall, a stepback is not required below 39 feet.
d. Corner Lots of 50 feet or Less in Width. All corner lots with a width of 50 feet or less are permitted to measure stepbacks from the property line above the ground floor provided that: i. A minimum ground floor height of 16 feet is provided. ii. No architectural structure, form or feature including but not limited to, columns, piers, and wing walls shall occupy the ground floor setback area.
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3. Minimum Upper Level Stepbacks.
a. Bayside Conservation District and Districts with 50 feet or 60 up to 70 feet Maximum Allowable Height Limit. Minimum required stepbacks from the building frontage line are established for the upper levels of proposed buildings. The Minimum Upper Level Stepback above 39 feet shall be 35% of the front façade area. Stepbacks shall be a minimum of 5 feet and are not required to be open to the sky. Projections into the required stepbacks are permitted pursuant to 9.10.120(A).
b. Districts with 84 feet maximum allowable height limit. Minimum required stepbacks from the building frontage line are established for the upper levels of proposed buildings. The Minimum Upper Level Stepback above 60 feet shall be 35% of the front façade area. Stepbacks shall be a minimum of 5 feet and are not required to be open to the sky. Projections into the required stepbacks are permitted pursuant to 9.10.120(A).
c. Corner lots of 50 feet or less in width. All corner lots with a lot width of 50 or less are permitted to measure stepbacks from the property line above the ground floor provided that: i. A minimum ground floor height of 16 feet is provided. ii. No architectural structure, form or feature including, but not limited to, columns, piers, and wing walls shall occupy the ground floor setback area.
4. Alternative Stepback Compliance for Districts with 50 feet or 60 up to 70 feet maximum allowable height limit. In order to provide flexibility for compliance with the stepback requirements in subsections (C)(2) and (C)(3), the Planning Commission, Architectural Review Board, or Landmarks Commission, whichever is the first reviewing authority of an application, may approve building modulation above the ground floor for 25% of the front façade (on corner lots of 50 feet or less in width, the stepbacks shall be measured from the property line) area subject to the following findingsmay be approved pursuant to the procedures set forth in Section 9.10.110, but shall be subject to only the following finding:
a. The Planning Commission/Architectural Review Board/Landmarks Commission finds that tThe alternative compliance creates a three dimensional frontage which reinforces the architectural concept and is appropriate to its unique location and context.
5. Minimum Side Interior Stepback. A minimum of 15% of the exposed side interior building façade area above 39 feet shall be setback a minimum of 5 feet from the side property line.
6. Alternative Side Interior Stepback Compliance for All Districts. In order to provide flexibility for compliance with the side interior stepback requirements in subsection C(5), in all districts the side interior stepback may be reduced to 12” provided that the open space requirements established in 9.10.060 B(1) are increased to the following:
Lot width of 50 feet or less None
Lot width between 51 feet and 150 feet 25% total
Lot widths greater than 150 feet 30%
7. Maximum Unbroken Primary Façade Length
a. All new or modified buildings shall orient the primary façade to the Frontage line.
Secondary facades orient to the side and rear yards.
b. Corner buildings shall have a primary façade fronting each sidewalk c. For facades that are greater than 150’, a break of 10% of the façade length with a 5 foot minimum depth is required. This dimension can be broken into two breaks, provided each break is greater than 5a minimum of 10 feet in width. The break must extend from above the ground for 60 percent of the height of the project. The break is not required to be continuous.
Chapter 4, Section E, page 191
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Packet Pg. 333 Attachment: Attachment C - DCP Redlines (5610 : Housing Element Implementation (120 mins)) E. PEDESTRIAN-ORIENTED DESIGN STANDARDS.
Ground floor pedestrian orientation is required for all projects throughout the Downtown and where applicable, shall be designed to accommodate commercial uses and activities. 100% Affordable Housing projects are exempt from the provisions of this subsection (E).
1. Outdoor Dining. Dining areas may encroach into building setbacks as long as a minimum unobstructed pedestrian pathway of 8’ in width is maintained. On 6th and 7th Streets, the minimum width is 6’.
a. On the Promenade, dining may encroach up to 12 feet from the abutting property frontage to accommodate outdoor dining. Uses located in the Promenade encroachment zone shall be in accordance with approved Third Street Promenade outdoor dining standards and subject to an encroachment permit.
2. Pedestrian-Oriented Frontage Design for New Development.
Where commercial space is required, the following shall apply:
a. Where commercial space is provided, aA minimum of 50’ depth of ground floor commercial space shall be provided in the Lincoln Transition, Neighborhood Village, and Wilshire Transition Districts. b. A minimum of 6550% of the Frontage shall be transparent and include windows, doors, and other openings.
i. Sill height should be no higher than 2.5’ and head height should be no lower than 8’ above finished grade.
ii. Openings shall have transparent glazing or openings that provide views into work, display, or sales areas, lobbies, or similar active spaces, or into windows displaying merchandise or items other than signs. Such display windows shall be at least 3’ deep. This requirement may be modified by the Architectural Review Board if it can be demonstrated that the fulfillment of this requirement materially interferes with the project’s ability to meet the requirements of Municipal Code Chapter 8.36 – The Energy Code.
c. Building Frontages shall be designed to be divided into 30 foot bays or less for commercial leasing flexibility and functionality and to create a fine-grained rhythm along the street
3. Pedestrian-Oriented Ground Floor Design for New and Existing Development All new development not required to have active commercial frontages shall include the following pedestrian-oriented standards:
a. No more than 20% of a building’s street-level frontage, but in no case exceeding 75’, may be continuously blank or featureless.
b. The following design elements shall be incorporated into the street-facing façades at the ground floor level:
i. Variations in visual interest designed to be experienced by the pedestrian point of view, which may include, but not necessarily require, such measures as, change of materials in a complimentary manner, sensitive composition and juxtaposition of openings and solid wall and/or building frame and projecting elements such as awnings and marquees to provide shade and shelter;
ii. Exterior lighting which provides for a secure nighttime pedestrian environment by reinforcing entrances, public sidewalks and open areas with a safe level of illumination which avoids offsite glare; c. Residential uses at the ground floor street frontage shall incorporate primary entries, which may include planted areas, front stairs and/or other elements that contribute to a pleasant pedestrian
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Packet Pg. 334 Attachment: Attachment C - DCP Redlines (5610 : Housing Element Implementation (120 mins)) environment. Pedestrian-oriented design elements may also include street furniture or other seating surfaces on private property and design amenities scaled to the pedestrian such as awnings, drinking fountains, paseos, colonnades, plazas, noncommercial community bulletin boards, public or private art and alternative paving materials in areas of pedestrian access. d. Leasing galleries associated with a housing project shall not exceed 20 linear feet of ground floor street frontage.
e. Glass with a visual transparency value of at least 65% shall be used at the ground floor level to allow maximum visual access to the interior of buildings. f.e. Mirrored and highly reflective glass shall not be permitted at any level of the structure. g.f. Entries shall be spaced at a maximum of 100 feet.
h.g. Entries shall be articulated by one or more of the following: a canopy, awning or other covering, signage, or recessed doorway.
i.h. When storefront security grates or grilles are provided, they shall be: located inside exterior windows; retractable into pockets or overhead cylinders; and completely concealed when retracted.
j.i. The Raised Terrace is a frontage type permitted in the Ocean Transition District. They are defined by raised shop frontages with café dining in Zone 3, so the eye of the sitter is approximately at level with walking passerby.
i. The raised platform shall be between 7 and 36 inches in height as measured from the sidewalk grade.
ii. This type is suitable for Restaurant and Hotel uses. iii. The floor to floor height of the Raised Terrace Frontage shall be between 16 to 21 feet tall as measured from the terrace grade to the top of the finished floor. iv. Fenestration shall be a minimum of 65% of the Facade’s first floor wall area. v. Awnings shall only cover windows and doors.
vi. The dining area shall be enclosed with a permeable fence and or a row of planters to delineate the space.
vii. Primary pedestrian access to upper stories with Ground Floor Active Frontages is flexible and may be from the raised terrace, from a side, or any other pedestrian space. k.j. Materials for fences, walls, and gates should be durable and complement the building and site design. Vinyl shall not be used.
Section 2A, page 18
This chapter also includes a discussion of the process thresholds for various development types as well as the required community benefits and fees. Housing, particularly Affordable Housing, is strongly desired Downtown, and therefore encouraged through standards, such as 0.5 floor area ratio increase, and process incentives. Private property owners and/ or developers should read this section before commencement of design, to better understand what permit type to apply for, and what the City might
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Packet Pg. 335 Attachment: Attachment C - DCP Redlines (5610 : Housing Element Implementation (120 mins)) require from projects to meet the community’s long-term expectations. Community benefit formulas for Tier 2 and non-negotiated Tier 3 non-housing projects are included in Chapter 4, Standards and Regulations.
Section 2B, page 39
Bedroom Mix Requirements (see Zoning Ordinance)
Tier 2 and Tier 3 “average bedroom factor” requirements will result in a larger diversity of units within Downtown.
Community Benefit Priorities – Negotiated Projects (see Chapter 2: Downtown Districts) In addition to conforming to the Tier 2 and Tier 3 average bedroom factor requirements, negotiated projects provide the opportunity to increase the number of larger units suitable for families to the maximum extent feasible. These additional units could be paired with deed restrictions on rent to make them affordable to workforce and middle-income households.
Incentives for Housing Construction (see Chapter 4: Standards and Regulations) To encourage the production of housing Downtown, projects that meet the definition of “Housing Project” as defined in Section 9.10.050 may qualify for a floor area ratio bonus of 0.5 FAR.
Section 2B, page 54
Action CCP1.1A Adopt DCP which anticipates at least 2500 new units in the Downtown area.
Lead Agency: City Council
Timeframe: 2017
Policy CCP1.5 Provide a 0.5 floor area ratio (FAR) bonus for qualifying mixed-use residential projects within maximum FARs for each district.
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Packet Pg. 336 Attachment: Attachment C - DCP Redlines (5610 : Housing Element Implementation (120 mins)) Chapter 4, page 71
The community’s expectation for the Bergamot Plan area to transition to an energetic, equitable and sustainable new urban neighborhood is addressed through careful land use planning that is integrated with circulation policies. Many of the land use policies in this section are implemented through the Development Standards in Chapter 5 that govern scale, height, and permitted mix of uses or designed for further development in later implementation phases. Maintaining the targets identified in the LUCE for the balance of commercial and residential uses (60/40 in the Bergamot Transit Village and 50/50 in the Mixed-Use Creative District) promotes a more walkable, less auto-dependent land use pattern that meets the City’s broad social, economic and environmental goals. These integrated land use and circulation policies will foster a neighborhood that is designed from the outset to support the City’s broad Sustainable City Plan objectives to reduce the community’s carbon footprint and GHG emissions.
Chapter 4, Page 72
Bergamot Transit Village District
Development in the Bergamot Transit Village District (BTV) is directed to create the underlying urban fabric for a new mixed-use neighborhood that supports a range of uses, activities, open spaces and built forms, and which deeply integrates the new Bergamot Expo Station and the adjacent Bergamot art center into community life. The district’s evolution into a pedestrian-oriented, mixed-use destination containing jobs, housing, retail, services, entertainment and open spaces will build upon Santa Monica’s long-standing practice of crafting strong urban places.
Permitted Uses
This district allows for the creation of a vibrant concentration of retail and services, multi-family housing, and creative employment and community gathering spaces, especially in proximity to transit. For the Bergamot Transit Village, a mix of 60% commercial and 40% residential use is established as the target for new development. The permitted densities for the Bergamot Transit Village were determined so as to achieve a scale that is consistent with the community vision for a pedestrian-oriented district that provides high quality open spaces, and that is oriented to and accessible by transit. Consequently, densities have been reduced from those described in the LUCE. Permitted development densities are:
Tier I: 1.75 Floor Area Ratio (FAR)
Tier II: 2.0 FAR
Tier III: 2.5 FAR
Chapter 4, page 73
Figure 4.B.02 Map and Legend:
Bergamot Transit Village (BTV) FAR: 1.75, 2.0, 2.5; Housing Projects FAR:
4.0 Mixed Use Creative North of Pennsylvania or South of Expo Bike Path: FAR: 1.5, 1.7,
2.2; Housing Projects FAR: 3.25
Mixed Use Creative (MUC) FAR: FAR: 1.5, 1.7, 2.2; Housing Projects FAR: 4.0 Conservation: Art Center (CAC) Parcels over 100,000 SF, FAR: 1.0; Parcels under 100,000 SF, FAR: 1.0, 1.5, 2.5; Housing Projects FAR: 2.50
Conservation: Creative Sector (CCS) FAR: 1.5; Housing Projects FAR: 2.50 Chapter 4, page 75
Mixed-Use Creative District
The Mixed-Use Creative District (MUC) will emphasize the continuation of the area’s diverse creative and cultural offerings. It will also encourage the infill of new, complementary uses as a way to provide a more balanced and sustainable land use pattern that connects residents, employees and visitors to the district, the neighboring BTV, the Bergamot Expo Station and the Bergamot art center. Existing uses are encouraged to remain and will be bolstered by the balance of new creative arts jobs, housing affordable to
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Packet Pg. 337 Attachment: Attachment D - Bergamot Area Plan Redlines (5610 : Housing Element Implementation (120 mins)) the workforce and supportive local-serving retail and services. In consideration to their size and the character of existing development, smaller parcels will be developed at lower densities and smaller building scales than those of the BTV District. As in the BTV, the Mixed-Use Creative District’s evolution as a pedestrian-oriented environment is promoted through policies and standards. The eastern edge of the MUC will also be easily accessible from the new Bundy Expo Station in the City of Los Angeles.
Permitted Uses
A mix of 50% commercial and 50% residential use is established as the target for new development in the MUC District. The permitted densities for the MUC District were determined in order to achieve a scale that is consistent with the community vision for a pedestrian-oriented district that provides high-quality open spaces, and that is oriented to and accessible by transit. Consequently, densities have been reduced from those described in the LUCE. Permitted development densities are:
Tier I: 1.5 Floor Area Ratio (FAR)
Tier II: 1.7 FAR
Tier III: 2.2 FAR
As described for the BTV, a blend of uses will be accommodated, including new affordable housing, housing affordable to the workforce and market-rate housing. These housing types are more completely described in Table 5.02 in Chapter 5.
Chapter 4, page 76
Conservation: Creative Sector District
Within the Conservation: Creative Sector (CCS) District, emphasis will be placed on small-scale creative arts, media production, entertainment uses, digital technology, incubators, business services and supporting uses, such as restaurants and cafés, and housing as defined in Table 5.02. To protect the scale and character of this important creative cluster within the Plan area, permitted development densities shall be limited to (Tier I) 1.5 FAR. This restriction is balanced by incentives that can assist creative businesses in meeting their needs for a certain amount of on-site expansion.
Conservation: Art Center District
As an area-wide anchor for the creative sector, the Conservation: Art Center (CAC) District shall feature uses which contribute to and enhance both the arts and cultural functions of the Bergamot art center and the identity it establishes. These uses may includeart galleries, studios, exhibition halls, performance spaces, museums, restaurants and cafés, visitor accommodations and similar uses. Small-scale creative office uses and housing are also permitted. Distinct densities in the Conservation: Art Center District are based on parcel size, as described below:
Parcels over 100,000 SF
Tiers I-III: 1.0 Floor Area Ratio (FAR)
Parcels under 100,00 SF
Tier I: 1.0 Floor Area Ratio (FAR)
Tier II: 1.5* FAR
Tier III: 2.5* FAR
*0.5 FAR must be devoted to space for arts-related and arts-compatible uses. Artist live/work could be considered provided the primary space is used for work.
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DEVELOPMENT STANDARDS& LAND USE REGULATIONS
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Land Use Regulations and Development Standards
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Land Use Regulations and Development Standards
Development Standards and Land Use RegulationsThis section of the Plan sets out the Development Standards to ensure that all proposed development
supports the goals and vision of the Plan as described
in Chapter 4, Core Components.
The Development Standards include the following
sections, which provide a framework for the intended
urban form and character, Section A: Land Use
Regulations and Section B: Development Standards.
The Land Use Regulations define permitted uses in
the Bergamot Plan area. The Development Standards
regulate new site and building development by
establishing standards for intensity, building height,
open space and other elements. Developmentstandards include street‐based frontage standards, which regulate building frontages along existing and
new streetsto form adequate and pedestrian‐friendly
street walls.
If provisions in the Bergamot Area Plan and the
Zoning Ordinance are in conflict, the provisions in the Bergamot Area Plan shall be applied. Where Zoning
Ordinance provisions are not specifically addressed by
the Bergamot Area Plan, the Zoning Ordinance shall
be applied. Projects that include affordable housing
on City‐Owned properties shall be exempted from
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Land Use Regulations and Development Standards
the Bergamot Area Plan and Zoning Ordinancepursuant to SMMC Section 9.01.040(A)(1)(d).
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Land Use Regulations and Development Standards
All projects in the Bergamot Plan area will undergo a
City design review and permit process as required by
the Zoning Ordinance.
As discussed in Chapter 1, Introduction, the LUCE sets
out three tiers for new development in the Bergamot
Plan Area. Tier I is baseline, by‐right development up
to the discretionary review thresholds established
by the Zoning Ordinance. Tier II and Tier III projects
are allowed additional intensity and height if the
associated development provides community benefits.
Table 5.01 Key to Land Use Regulations Table
Category
Designator Category Description
P Permitted uses
L(#) Limited uses, which are permitted provided they comply with specified standards; for example, a limitation on floor area, indicated by a footnote in the use regulation table MUP Minor conditional uses, which require approval of a Minor Use Permit based on discretionary review conducted by the Planning and Community Development Director CUP Conditional uses, which require approval of a Conditional Use Permit based on discretionary review conducted by the Planning Commission ‐ Prohibited uses, which are not allowed in the district or overlay In addition to compliance with the requirements of this chapter, Tier II and Tier III projects shall comply withthe following:
Tier II
• Record a deed restriction that requires the
property owner and all building tenants to join
and maintain membership in the TMA for the life
of the project. This requirement shall be included
in all leases.
• Provideall TierIIrequirementsspecifiedintheCity’s
Municipal Code, Article IX ( Zoning Ordinance). In
orderto ensure that new development at the TierII
level contributes to the identity and development
of the Bergamot Plan area, Tier II level fees
(beyond fees that are Code base requirements)
shall be allocated to appropriate projects within
the Bergamot Plan area to the extent feasible.
• Notwithstanding the above, the Zoning Ordinance
Update process will consider requiring that
projects in the Bergamot Plan area pay a higher
Transportation Impact Feet (TIF), to be allocated
as above.
Tier IIITier III applicants should review Chapter 4, Section B:
Land Use for Community Benefits, and incorporate
appropriate project components to satisfy the
requirement to include substantial additional
amenities that the community has prioritized in
the Bergamot Plan area. Any fees collected shall be
allocated to appropriate projects within the Bergamot
Plan area. Actual project features shall be negotiated
during the Development Agreement process.
Allocation of Unused Fees
If there are no potential projects that can utilize the Tier II fund contributions within five years of payment, the funds may be used for City projects outside the
Plan area.A. LAND USE REGULATIONSTable 5.02 presents the land use regulations for the Bergamot Transit Village (BTV), Mixed‐Use
Creative (MUC), Conservation: Art Center (CAC) and
Conservation: Creative Sector (CCS) Districts, as well
as the Pedestrian Priority Corridor (PPC) and Retail
Priority (RP) Overlays (see Figure 5.01 for boundaries of the districts). Any other uses not included in the table are prohibited and covered by the general rule, which
states that any uses not specifically authorized areprohibited. The key to the land use regulations table is found in Table 5.01.
The new districts created in this Plan permit many of
the usesthat are permitted in the BTV and MUC districts defined in the LUCE. However, residential uses other
than live/work units is prohibited in the Conservation ‐ Creative Sector District in order to conserve its creativearts character. There are also further use restrictions in the overlay districts in order to promote active streets.
In the case of conflict between an underlying district
and an overlay district, the overlay district standards shall prevail. However, additional residential uses are not permitted on properties in an overlay district with underlying Conservation‐CCS District zoning.
Use classifications have been divided into residential
uses or non‐residential uses (see Table 5.02). For land use definitions, please refer to the Zoning Ordinance.
See also the table footnotes on page 138.
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Table 5.02 Land Use Regulations
DISTRICTS OVERLAYS
Bergamot
Transit
Village (BTV)
MU-Creative
(MUC)
Conservation:
art Center
(CAC)
Conservation:
Creative Sector
(CCS)
Pedestrian
Priority
Corridor (PPC)
Retail Priority
(RP)
Residential Uses
Dwelling, Single‐Unit ‐ ‐ ‐ ‐ ‐ ‐Dwelling, Second UnitAccessory Dwelling Unit ‐P ‐P ‐P ‐P ‐P ‐PDwelling, Duplex ‐ ‐ ‐ ‐ ‐ ‐Elderly and Long‐Term Care P P CUP ‐ P ‐Emergency Shelters P P CUP ‐ ‐ ‐Existing Mobile Home Park ‐ P ‐ ‐ ‐ ‐Family Day Care, Small or Large P P CUP ‐ P PGroup Residential (includes congregate,senior group,supportive) P P CUP ‐ P L(1) Junior Accessory Dwelling Unit P P P P P PLive/work P P CUP P P L(1)Multiple‐Unit StructureDwelling(includessenior, transitional,supportive) P P CUPP ‐P P L(1)Residential Care Facilities P P CUP ‐ L(1) L(1)Single‐Room Occupancy Housing P P CUP ‐ P L(1) Non-residential Uses
Animal Care, Sales, and Services See subclassifications below.
Kennels ‐ ‐ ‐ ‐ ‐ ‐Grooming and Pet Stores P P P L(2) L(2) L(2)Pet Day Care Services MUP MUP ‐ MUP ‐ ‐Veterinary Services MUP MUP ‐ MUP ‐ ‐ Artist's Studio P P P P P PAutomobile/Vehicle Sales and Service ‐ ‐ ‐ ‐ ‐ ‐Banks and Financial Institutions See subclassifications below.
Banks and Credit Unions, < 5,000 sq. ft. P P ‐ P P PBanks and Credit Unions, > 5,000 sq. ft. CUP CUP ‐ CUP CUP CUPCheck Cashing Businesses ‐ ‐ ‐ ‐ ‐ ‐ Bicycle Rental and Share Stations P P P P P PBusiness Services P P P P L(2) L(2)College and Trade Schools, Public or Private CUP CUP CUP ‐ CUP ‐
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Districts overlays
Bergamot
Transit Village
(BTV)
MU‐Creative
(MUC)
Conservation:
art Center
(CAC)
Conservation:
Creative Sector
(CCS)
Pedestrian
Priority
Corridor (PPC)
Retail Priority
(RP)
Commercial Entertainment and Recreation See subclassifications below.
Cinemas & Theaters, up to 99 seats P P P P P CUPCinemas & Theaters, more than 99 seats CUP ‐ ‐ ‐ ‐ ‐Convention and Conference Centers See subclassifications below.
Large‐scale, >= 25,000 sf CUP ‐ ‐ ‐ ‐ ‐Small‐scale, < 25,000 sf CUP CUP CUP ‐ CUP CUP Commercial Kitchens CUP CUP ‐ CUP/L(1) CUP/L(1) CUP/L(1)Commercial Recreational Facilities, Large‐scale CUP ‐ ‐ ‐ ‐ ‐Commercial Recreational Facilities, Small‐scale MUP MUP MUP MUP MUP/L(1) MUP/L(1)Communication Facilities See subclassifications below.
Antennas and Transmission Towers MUP MUP ‐ ‐ ‐ ‐Equipment/Facilities within Buildings CUP CUP ‐ ‐ ‐ ‐ Community Assembly CUP CUP CUP ‐ CUP CUPCommunity Gardens P P P P P MUPCultural Facilities P P P P P PDay Care Centers P P ‐ P L(1) L(1)Eating and Drinking Establishments See subclassifications below.
Bars/Nightclubs/Lounges CUP CUP MUP CUP CUP CUPRestaurants, Full or Limited Service, up to 50 seats (including accessory bar seats) P P P P P P Restaurants, Full or Limited Service, more
than 50 seats (including accessory bar seats) P P P CUP P P Restaurants, Drive‐Through Facilities ‐ ‐ ‐ ‐ ‐ ‐Restaurants, Accessory Live Entertainment P P P P P PRestaurants, Outdoor Eating Areas P P P P P P Equipment Rental MUP MUP ‐ MUP MUP ‐Flex Vehicle Spaces, accessory L(7) L(7) L(7) L(7) L(7) L(7)Food and Beverage Sales L(8) L(8) CUP/L(2) CUP/L(2) L(2) L(2)Funeral Parlors and Mortuaries ‐ ‐ ‐ ‐ ‐ ‐
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Districts overlays
Bergamot
Transit Village
(BTV)
MU‐Creative
(MUC)
Conservation:
art Center
(CAC)
Conservation:
Creative Sector
(CCS)
Pedestrian
Priority
Corridor (PPC)
Retail Priority
(RP)
Hospitals and Clinics, <= 5,000 sq. ft. MUP MUP ‐ MUP ‐ ‐Hospitals and Clinics, > 5,000 sq. ft. CUP CUP ‐ ‐ ‐ ‐Industry, General ‐ ‐ ‐ ‐ ‐ ‐Industry, Research and Development P P L(2) L(2) L(1) L(1)Industry, Limited P P L(2) L(2) P PInstructional Services P P L(5) L(5) L(1) L(1)Lodging See subclassifications below.
Bed and Breakfast ‐ ‐ ‐ ‐ ‐ ‐Hotels and Motels CUP CUP CUP ‐ CUP CUP Maintenance and Repair Services, <= 5,000 sq. ft. MUP MUP ‐ MUP ‐ ‐Maintenance and Repair Services, > 5,000 sq. ft. ‐ ‐ ‐ ‐ ‐ ‐Media Production See subclassifications below.
Movie or Recording Studio P P P P L(1) L(1)Support Facilities P P ‐ P L(6) L(6) Nurseries and Garden Centers P P ‐ ‐ MUP/L(4) MUP/L(4)Offices See subclassifications below.
Business and Professional, <= 5,000 sq. ft. P P ‐ ‐ L(1) L(1)Business and Professional, > 5,000 sq. ft. CUP CUP ‐ ‐ CUP/L(1) CUP/L(1)Creative P P P P P L(1)Medical and Dental CUP CUP ‐ CUP CUP CUPWalk‐In Clientele P P ‐ ‐ P P Park and Recreation Facilities, Public P P P P P PParking, Shared: New Standalone Public or Private P P P ‐ CUP CUPPersonal Services See subclassifications below.
General Personal Services P P ‐ P P PTattoo or Body Modification Parlor MUP MUP ‐ ‐ ‐ ‐ Public Safety Facilities P P L(3) P P PRecycling Facilities, <= 5,000 sq. ft. CUP CUP ‐ ‐ ‐ ‐
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Recycling Facilities, > 5,000 sq. ft. ‐ ‐ ‐ ‐ ‐ ‐
Districts overlays
Bergamot
Transit Village
(BTV)
MU‐Creative
(MUC)
Conservation:
art Center
(CAC)
Conservation:
Creative Sector
(CCS)
Pedestrian
Priority
Corridor (PPC)
Retail Priority
(RP)
Retail Sales, General See subclassifications below.
Art Galleries P P P P P P
Building Material Sales and Services ‐ ‐ ‐ ‐ ‐ ‐
Firearms and Ammunition Sales ‐ ‐ ‐ ‐ ‐ ‐
General Retail Sales, < 15,000 sq. ft. P P P P L(2) L(2)General Retail Sales, > 15,000 sq. ft. ‐ ‐ ‐ ‐ ‐ ‐ Pawn Shops ‐ ‐ ‐ ‐ ‐ ‐
Schools, Public or Private CUP CUP CUP ‐ CUP ‐
Social Service Centers P P ‐ ‐ MUP L(1)Swap Meet CUP CUP CUP ‐ ‐ ‐Vehicle Rental, Accessory to Primary Use P P P ‐ ‐ ‐Utilities See subclassifications below.
Utilities, Major ‐ ‐ ‐ ‐ ‐ ‐Utilities, Minor P P P P P P Warehousing, Storage and Distribution ‐ ‐ ‐ ‐ ‐ ‐
Footnotes:L(1) Not allowed on the ground floor for the first 40 feet of lot depth, except residential usesin the BTV/PPC Overlay District L(2) Limited to 4,000 sq. ft. or less.
L(3) Limited to 15,000 sq. ft. or less.
L(4) Nurseries and Gardens Centers permitted if all goods, except planted stock, are kept entirely within an enclosed building.
L(5) Limited to arts related uses only.
L(6) Not allowed on the ground floor for the first 40 feet of lot depth on Nebraska Avenue.
L(7) Flex vehicle spaces within areas otherwise used for parking and not as a stand‐alone use.
L(8) Limited to 4,000 sq. ft. orless. Notwithstanding, one (1) new food & beverage salesfacility may be permitted in the Plan area, in either the BTV or MUC District, that exceeds the 4,000 square foot limit and may be a maximum of 15,000 square feet.
B. DEVELOPMENT STANDARDS
Development Standards in Table 5.03 are specific
to the districts in the Bergamot Plan area. Certain
standards are flexible to allow for architecturalinnovation if approved by the authorized review entity (see B.11 for Flexible Development Standards).
B.1 Floor Area Ratio (FAR)
Maximum floor area ratios (FARs) for Tier I, Tier II and Tier III projects are established in Tables 5.03(A) &
(B). In the Bergamot Plan area, floor area ratio
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includes only building area at or above grade. In circumstances where publicly accessible roads and pathways are negotiated, FAR will be calculated on the gross area ofthe project site.
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B.1.01 Exemptions from FAR calculation. The following shall not be included in the FAR calculation. a. Below‐grade (subterranean) building area
b. Open roof decks or covered roof decksthat aremore than 75% unenclosed c. Outdoor dining areas adjacent to the public right of way B.1.02 Low Income/Workforce Housing Units. For Notwithstanding any bonus provided by the State Density Bonus Law, SMMC Chapter 9.22, Density Bonus, housing projects, Tier I, and Tier II projects in the BTV and MUC Districts, for all units in a project above and beyond those required by the AHPP, A a FAR bonus shall beprovided equivalent to 25%of the floor area constructed for affordable/ workforce housing, provided:
a. The units contain at least one bedroom (no studios)
b. At least 50% of the bonus residential unitsshall be deed‐restricted for affordability to a maximum of 80% area median income (AMI). The remainder shall be deed‐ restricted for anyaffordability level up to 120% of AMI.
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Table 5.03(A) Development Standards for Projects not Meeting the Definition of Housing Project Development
Standards
Bergamot
Transit Village
Conservation:
Art Center MU-Creative Conservation: Creative Sector
TIER Tier I Tier II Tier III Tier I Tier II Tier III Tier I Tier II Tier III Tier I Tier II Tier III
HEIGHT LIMIT
(SEE B.2)
Standard
(Variation)
32’
(39’) 60’ 75’ (86’) 32’ 60’ 75’ (86’) 32’ (36’) 47’ 57’ 32’ (36’) not allowed FAR
(SEE B.1) Parcel >=
100,000 sf 1.75 2.0 2.5 1.0 1.0 1.0 1.5 1.70 2.2 1.5 not allowed Parcel <
100,000 sf 1.75 2.0 2.5 1.0 1.5*** 2.5*** 1.5 1.70 2.2 1.5 not allowed
REQUIRED MIX
OF USES
(SEE B.4)
Parcels over
120,000 sf None None 50% Commercial/ 50% Residential None
BUILDING
MODULATION
OF TOP FLOORS:
PERCENTAGE
OF BUILDING
FOOTPRINT
(SEE B.5)
Max Height
(Top Floor) 100% 90% 50% None 100% 75% 75% None
Top Floor minus
1 Floor 100% 100% 90% None 100% 90% 90% None
MAXIMU
MFLOOR
PLATE
(SEE B.6)
35,000 sf 15,000 sf 25,000 sf 15,000 sf
MINIMUM
AMOUNT OF
OPEN SPACE (%
OF SITE AREA)
(SEE B.8)
Site >
80,000 sf 20% 20% 25% None**** 15% 15% 20% 15%*****
Site 40,000 sf
‐80,000 sf 15% 15% 20% 15% 12% 12% 15% 12%*****
Site <
40,000 sf 10% 10% 15% 10% 7% 7% 10% 7%*****
MINIMUM SIZE
OF PRIMARY
OPEN SPACE* 4,000 sf 4,000 sf 6,000 sf None**** 2,500 sf 4,000 sf 6,000 sf 2,500 sf *****
MINIMUM DEPTH
ANDMAxIMUMMAXI
MUM
WIDTH OF
NON‐OFFICE
COMMERCIAL
(SEE B.9)
Minimum
Depth 40 feet None 40 feet None
Frontage
Width
15’ minimum
60’ maximum None 15’ minimum 60’ maximum None
MAXxIMUM
SIZE OF NON‐
OFFICECOMMERCIAL**
(SEE B.9)
15,000 sf 15,000 sf 15,000 sf 7,500 sf
ACCESS AND
PARkKIN
G
STANDARDS
(SEE B.14)
See Section 5.B.14 See Section 5.B.14 See Section 5.B.14 See Section 5.B.14 * On small parcels, if the minimum required size of the Primary Open Space is larger than the minimum required open space percentage, no Primary Open Space needs to be provided. ** Any retail space ranging from 10,000 sf to 15,000 sf requires any additional retail adjacent to the retail space to be 5,000 sf or less in size. *** 0.5 FAR must be devoted to space for arts‐related and arts‐compatible uses. Artist live/work could be considered provided the primary space is used for work. **** Open Space on City‐owned property shall be determined through a Development Agreement. ***** No open space requirement for additionsto existing buildingsin the Conservation ‐ Creative Sector District.
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Table 5.03(B) Development Standards for Projects that Meet the Definition of Housing Project Development
Standards
Bergamot
Transit Village
Conservation:
Art Center
MU-Creative Conservation:
Creative Sector
HEIGHT
HousingProjects
84’ 55’
84’
(North of
Pennsylvania
Ave parcel
line or South
of Expo Bike
Path – 70’)
55’
100%AffordableHousingProjects 94’ 65’
94’
(North of
Pennsylvania
Ave parcel
line or South
of Expo Bike
Path – 80’)
65’
FAR(See B.1)
HousingProject
4.0 2.50
4.0 (North of
Pennsylvania
Ave parcel
line or South
of Expo Bike
Path – 3.25)
2.50 100% AffordableHousing Projects
4.5 3.0
4.5 (North of
Pennsylvania
Ave parcel
line or South
of Expo Bike
Path – 3.75)
3.0 BUILDING
MODULATION OFTOP FLOORS:PERCENTAGE OFBUILDINGFOOTPRINT (SEEB.5) Max Height
(Top Floor) 50% None 75% None
Top Floor minus
1 Floor 90% None 90% None
MAXIMUM FLOOR PLATE (SEE B.6)
35,000
sf
15,000
sf
25,000 sf 15,000 sf
MINIMUM
AMOUNT OF OPENSPACE (% OF SITEAREA)**
(SEE B.8)
Site >
80,000 sf 25% None 20% 15%*****
Site 40,000 sf
‐80,000 sf 20% 15% 15% 12%*****
Site <
40,000 sf 15% 10% 10% 7%*
MINIMUM SIZE OF PRIMARY OPEN SPACE*
6,000 sf None 6,000 sf 2,500 sf *
MINIMUM DEPTH
AND MAXIMUMWIDTH OF NON‐OFFICECOMMERCIAL
(SEE B.9)
Minimum
Depth 40 feet None 40 feet None
Frontage
Width
15’ minimum
60’ maximum None 15’ minimum 60’ maximum None
MAXIMUM SIZE OF NON‐OFFICECOMMERCIAL**(SEE B.9)
15,000 sf 15,000
sf
15,000 sf 7,500 sf
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ACCESS ANDPARKING STANDARDS(SEE B.14) See Section 5.B.14 See Section 5.B.14 See Section 5.B.14 See Section 5.B.14 * No open space requirement for additions to existing buildings in the Conservation ‐ Creative Sector District.** On small parcels, if the minimum required size of the Primary Open Space is larger than the minimum required open space percentage, no Primary Open Space needs to be provided.
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CARMELINA AVENUE
CENTINELA AVENUE
FRANKLIN STREET WARWICK AVENUE
BERKELEY STREET
STANFORD STREET
STEWART STREET
STEWART STREET
CLOVERFIELD BOULEVARD
Land Use Districts
The Bergamot Plan area is divided into four
districts that emphasize creative arts and
local employment opportunities, culturalenrichment, housing and supportive retail businesses. They differ in their physical
character, scale and urban form.
The Bergamot Transit Village and the
Mixed‐Use Creative District support a wide
range of uses and activities.
The two Conservation Districts are
delineated with specific uses, heights
and densities that conserve their existingbuildings and uses.
Figure 5.01
Land Use Districts
Districts
Bergamot Transit Village (BTV)
Pedestrian Priority Corridor (PPC)**
Retail Priority on Ground Floor (RP)**
*Overlays not to scale**Applies to first 40 feet of street frontage only
COLORADO AVENUE COLORADO AVENUE
PENNSYLVANIA AVENUE
PENNSYLVANIA AVENU
E
NEBRASKA AVENUE
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0 200 400 600 Feet
NOR
TH
B.2Height Limits
Maximum building heights are established for Tier I,
Tier II and Tier III projectsin the Plan area (see Fig. 5.03 for District Building Heights).
CARMELINA AVENUE
Tier I sets the Base Height, Tier II allows for additional height above the Base Height if substantial community
benefits are provided and Tier III allows for additional height above Tier II if additional substantial community benefits are provided.
In the Transit Village District and Conservation: Art
Center District, the maximum height permitted in Tier
I is 32 feet, with additional height up to 39 feet for
projects that include a housing component. For Tier II
projects, the maximum height is 60 feet. For Tier III
projects, a maximum building height of up to 75 feet is permitted, with additional height:
• to 81 feet allowed if there is a corresponding
percentage decrease in the FAR for the actual
building height that is above 75 feet, and
• up to 86 feet if the ground floor‐to‐floor height
is increased from 13.5 feet up to 18.5 feet.
STEWART STREET
FRANKLIN STREET
BERKELEY STREET
STANFORD STREET
CENTINELA AVENUE
STEWART STREET
WARWICK AVENUE
Figure 5.02
Building Heights and Floor Area Ratios
CLOVERFIELD BOULEVARD
COLORADO AVENUE COLORADO AVENUE
PENNSYLVANIA AVENUE
PENNSYLVANIA AVENUE
NEBRASKA AVENUE
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Not Permitted
Not Permitted
In the Mixed‐Use Creative District, the maximum
height permitted in Tier I is 32 feet, with additional
height up to 36 feet permitted for projects that build
affordable housing units per the City’s Affordable
Housing Production Program. For Tier II projects, the
maximum height is 47 feet. For Tier III projects, a
maximum building height of up to 57 feetis permitted.
In the Conservation: Creative Sector District, only Tier I projects are permitted, with a maximum height of 32
feet, with additional height up to 36 feet for projects that include a live/work component. In the Bergamot
Plan area, maximum permitted heights are measured
in feet. Otherstandards use storiesrather than a linear dimension to regulate height, including Standard B.3
Transitional Zones, B.5 Building Modulation of Top
Floors and B.10 Street‐Based Frontage Standards.
This is to provide flexibility to accommodate the
different floor‐to‐floor dimensions for residential or
commercial buildings.Additional height is permitted in all districts for 100% affordable housing projects as defined in SMMC Section9.52.020.0050 and housing projects as defined in SMMCSection 9.52.020.1125.
B.3 Transitional Zones
Where Bergamot Plan area properties face existing
residential properties outside the Plan area, the
following standard applies. Note that this condition
exists in only the following places: (1) facing acrossColorado Avenue, (2) facing across Exposition Boulevard and (3) facing alleys between Franklin and
Berkeley and between Berkeley and Stanford.
Street Frontage. Properties facing across ColoradoAvenue and Exposition Boulevard:
• Colorado Avenue and Exposition Boulevard are
defined as the Complete Street street type (see
Figure 5.10). For this street type, the build‐to line
is defined as 5 feet back from the property line.
• For the first three stories in height, 100% of the
building is permitted to be built to the build‐to
line. The height of three stories is assumed to be
no more than 36 feet.
• For the next story, a minimum of 75% of the
building shall be set back 10 feet or more from
the build‐to line. The height of four stories isassumedto be no more than 47 feet. • For the following story, a minimum of 75% of the
building shall be set back 20 feet or more from
the build‐to line. The height of five stories is
assumed to be no more than 57 feet.
• Properties in this district (Mixed‐Use Creative)
have a maximum height of 57 feet.
Rear Yard. Properties facing alleys between Franklin
Street and Berkeley Street and between Berkeley
Street and Stanford Street:
• Building walls facing alleys shall be set back a
minimum of 10 feet from property line.
• Properties in this district (Conservation: Creative
Sector) have a maximum height of 36 feet.
Figure 5.03
Transitional Zone ‐ Street Frontage
Figure 5.04Transitional Zone ‐ Rear Yard
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B.4 Mix of Uses
B.4.01 Ratio for Large Projects. For parcels of over
120,000 square feet in area, projects shallprovide a mix of commercial and residentialuses as shown in Table 5.03. The ratio isexpressed in floor area and can vary from theratio up to 10% in either direction for flexibility.The mix of uses can be achieved as verticalmixed‐use (on top of each other) or horizontalmixed‐use (in neighboring buildings) (seeFigure 5.05 for illustration).
B.4.02 Ground Floor Commercial. Residential
projects shall have a commercial componenton the ground floor along street types thatrequire active ground floors (see B.10 Street‐ Based Frontage Standards).
B.5B.4 Building Modulation of Top FloorsThe top two floors of new Tier II or Tier III projects,or housing projects buildings shall adhere to setstandards for maximum footprint.They are limited to a percentage of the largest floor plate in the building, which may or may not be the ground floor. One‐ and
two‐story buildings are exemptfrom these standards
(see Table 5.03 and refer to Figure 5.06 for
illustration).
B.6B.5 Maximum Building Floor PlateB.6.01 In order to create an attractive and pleasant environment that isrespectful of human scale,
floor plates of new buildings are limited to the
maximum square footage set in Table 5.03.
Figure 5.05
Mix of Uses
Figure 5.06Building Modulation of Top Floors
Tier 2 Tier 3 Tier 2 Tier 3
90% 50% 75% 75%
100% 90% 90% 75%
100% 100% 100% 100%
Figure 5.07Maximum Building Floor Plate
Vertical
Residential Park Modern Building ‐ Seattle, WA. Source: Build LLC SF floor plates(permitted)
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B.7B.6 Restrictions on Parcel AggregationB.7.01 In the Conservation: Creative Sector District only, existing parcels may not be aggregated
with other parcels to create larger parcels.
B.8 Open Space Standards
These standards require open space for all projects
except where exemptions are indicated. Larger open
space with additional amenities may be proposed as a
Community Benefit for Tier II and III projects.
Figure 5.08Open Space Configurations
Usable Open Space
Primary Open Space
Primary Open Space Usable Open Space
B.8.01 Minimum Area. All projects(except for existing
buildings in the Conservation ‐ Creative SectorDistrict) are required to provide a minimum amount of open space on‐site. The minimum
amount of open space depends on the District,
the size of the development site and the
Building Tier, as set forth in Table 5.03 (see
Figure 5.08 for illustration).
B.8.02 Required Dimensions: Primary Open Spaces 40’ Min. able Open Space
ared Street
vel Lanes
mary Open Space
Usable Open SpacePrimary Open Space
shall have a minimum average dimension of 40
feet in two opposing directions(see Figure 5.08
for examples of open space configurations).
B.8.03 Tier III Design Requirements: For Tier III
projects, each project is required to design
the open space required in B.8.01 as publicly
accessible and usable open space, and shall
include at least one Primary Open Space.
Primary Open Space is defined as a special
open space or plaza that is the most significant
in the overall identity of the project. Every
applicant shall identify the Primary Open
Space in submittal documents.
B.8.04 Accessibility and Visibility: All open space shall be directly accessible and visible from a public
right‐of‐way, shall be at ground level and open
to the sky, except as permitted in B.8.12.
B.8.05 Lighting: Illumination levels in open spaces
are required to maintain one horizontal foot
candle across all walkable and seating areas in
the open space, and along sidewalks adjacent
to the open space.
B.8.06 Amenities: Usable open space shall include
the provision of trees and human‐scaled
seating, landscaping, shading and lighting tothe satisfaction of the Architectural Review Board.
B.8.07 Mid‐block Pedestrian Connections: Mid‐block
pedestrian connections shall comply with the
following:
a. The minimum width shall be 16 feet. If the
connection serves as fire access, minimum
width shall be determined by the Building
Code.
b. At least one circulation path that is a minimum
of 8 feet in width, with amenities such as
seating, lighting and trees.
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c. Mid‐block connections may count towards the
open space requirement provided they are
designed as usable open space and are designed
and maintained to exclude automobile traffic.
B.8.08 Connection with the Sidewalk: Where open
spaces front onto a street, they shall connect to
the sidewalk at grade level. Minor changes of
elevation of no more than 2 feet are permitted
within the first 15 feet back from the edge of
sidewalk. Changes of elevation of no more than
4 feet are permitted, provided that the elevated
area islocated at least 15 feet from the sidewalk.
Sunken plazas shall be no more than 18 inches
below the street level. All must meet federal
ADA guidelines.
B.8.09 Placement of Elements Along Sidewalk
Frontage: At least 50% of the linear sidewalk
frontage of a Primary Open Space is required to
be unobstructed by fixed elements, includingwalls or planters higher than 42 inches, fixed trash receptacles or elements that are
permitted elsewhere in the open space. This
zone of unobstructed open space shall extend
back from the property line a minimum of 15’.
Seating, including fixed seating, is permitted in
this zone.
B.8.10 Active Uses: In order to activate and enliven
open space areas, the following shall be
required. Active uses are defined in Section B.10
Street‐Based Frontage Standards.
a. No less than 50% of building frontages adjacent
to Primary Open Spaces shall be composed of
active uses, as measured in a linear directionalong the perimeter. b. Active uses, open spaces and entries shall be
oriented to the Primary Open Space.
c. Active uses are permitted to spill out into
Primary Open Space if they provide seatingand shading.
B.8.11 Open Space Furniture and Other Elements:
Open space furniture and other elements are
permitted to occupy up to a maximum of 40%
of the area of a plaza or open space. Allowable
features include such items fixed or movable
seating, plantings, lights, signage and trash
receptacles.
B.8.12 Awnings and other Coverings: Permanent
coverings associated with buildings, including
awnings and bridges, and/or freestanding
canopies, such as band shells, shall not cover
more than 25% of the square footage of
the open space, and shall have a minimumclearance of 8 feet. If overhanging a fire access lane, minimum clearance for coverings shall be
established by the Building Code.
B.8.13 Primary Open Space – Prohibited Elements:
The following shall not be permitted in or
directly adjacent to a Primary Open Space.
a. Mechanical Systems: Building mechanical
systems shall not be exhausted within or
at the perimeter of Primary Open Spaces.
Mechanical intakes on adjacent building wallsshall be installed at a minimum height of 15 feet above the open space grade.
b. Auto‐related Elements: Garage entrances,
driveways, parking spaces and loading docks.
c. Trash or othersolid waste storage facilities.
B.8.14 Plant Species Types and Irrigation: For planting, trees and irrigation, refer to the City of Santa
Monica’s Landscaping Standards. Also, seeChapter 7, Street Standards, for an approved list of tree species by street.
B.8.15 Residential Entries: Entries to individual
residential units are permitted in open spaces, if
they are recessed by at least 5 feet from public
or publicly‐accessible private walkways and
sidewalks.
B.8.16 Ground floor Windows: Glazing on the ground
floor shall be transparent and non‐reflective.
B.8.17 Fences, Walls and Hedges: Fences, walls
and hedges within Primary Open Spaces are
permitted with a maximum height of 42 inches.
B.8.18 Art Center Open Space: Existing and new
development on both the City‐owned parcel
and other parcels within the Conservation: Art
Center will share open space and contribute toits construction and maintenance as determined in a Development Agreement. Configuration,
size and other design parameters will also be
determined in the Development Agreement.
B.8.19 Off‐Site Alternative: With approval through a
discretionary process, 50% of the required open
space is allowed to be provided off‐site if it is
held in permanent trust as publicly accessible,
and if it is located in the Bergamot Plan area.
B.9 Minimum Depth of Retail Space
Where projects provide spacesfor retail establishmentsat the ground floor, these spaces shall comply with thestandards set forth in Table 5.03.
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STEWART STREET
CARMELINA AVENUEBERKELEY STREET
STANFORD STREET
CENTINELA AVENUEFRANKLIN STREET
STEWART STREET
WARWICK AVENUE
B.10 Street‐Based Frontage Standards
This section provides street‐based frontage standards
for each streettype included in the Plan. The standards ensure an integrated approach to the public realm
by relating the frontage type of new development
to the street type that the building faces. A certain
percentage of the external building wall is required
to meet the frontage line (build‐to line) to define the street wall. The standards for each street type are
designed to be compatible with the character, use
and width of the street. The standards in this section
govern new construction, remodels, additions andopen space on private land. Standards for design and construction of the street right‐of‐way in the
Bergamot Plan area can be found in Chapter 7, Street
Standards and Guidelines.
Street typesinclude Complete Streets, Flexible Streets, Shared‐Space Streets, Landscape Emphasis Streets,and Pedestrian/Bike‐Ped Paths (see Figure 5.09).
B.10.1 Integration of Project Features. Tier II
and III projects shall integrate on‐site
community benefits, such as culturaland community facilities, so that they are consistent with the intent of these
standards.
CLOVERFIELD BOULEVARD
Figure 5.09Street Frontage Types
Complete Street Landscape Emphasis StreetFlexible Street Pedestrian Path Shared‐Space Street Pedestrian Priority Corridor*
COLORADO AVENUE COLORADO AVENUE
PENNSYLVANIA AVENUE
PENNSYLVANIA AVENUE
NEBRASKA AVENUE
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B.10.2 Projects with more than one street frontage.
Where projects front on two or more streets,
the following hierarchy should be followed.
From the higher ranked to the lower ranked
(first to last) as listed below, both the main
and pedestrian entrances of buildings should
face 1) Pedestrian Priority Corridor, 2) Flexible
Street, 3) Landscape Emphasis Street, 4)
Traditional Complete Street, 5) Shared‐Space
Street, and 6) Pedestrian Path or Alley. Project
applicants should determine the primary
façade orientation for their project and
indicate it in their application. Main building
entries and Primary Open Spaces should be
oriented to the higherstreet in the hierarchy.
B.10.3 First Two Stories at Frontage Line. Because the
first two stories of a building define the quality
of the pedestrian experience, a minimum
percentage of the first two stories of all
building façades of a project must be located
at the build‐to line. Building recesses within
12 feet of the build‐to line are considered for
this purpose to be located at the build‐to line.
Any stories above the first two floors are not
required to adhere to the frontage line (see
Table 5.04). One‐story façade frontages qualify
if they have a height of 24 feet or greater, as
determined by the Director of Planning &Community Development or his/her designee.
Accessory buildings, such as kiosks are exempt
from this standard.
Definitions of Standards:
Active Ground Floor:
Active Ground Floor uses include retail, restaurant,services, residential (if individual unit entries are oriented along the frontage), lobby entries,offices (if fenestration is provided), workshops (if entries are oriented along the frontage), live/work
and community gathering spaces. The minimum
percentage established in Table 5.08 refers to the
amount of active uses that must occupy the first floor
of the building along the street frontage, as expressed in linear feet.
Build‐to Line:The build‐to line isset by each street type as a distance to the property line. The building’s front façade is to be built on the build‐to line. Building recesses of up
to 12 feet back from the build‐to line are permitted,
if they are occupied by landscaping or usable open
space.
Fenestration at Ground Floor:
Exterior walls of ground floor uses facing and within
125 feet of the street frontage line (build‐to line)
shall include windows, doors or other openings in
the building wall area located between 2.5 and 7
feet above ground level (see Table 5.04 for minimum
percentage of fenestration per street type).
Ground Floor Height:
The minimum Ground Floor Height is established in
Table 5.04, measured from the top of the ground floor
to the top of the next floor above.
Façade Height at Frontage Line:Minimumandmaximumfaçadeheightsareestablishedperstreet frontage type and district and are expressed by the number of stories (see Table 5.04, and Section
B.2 Height Limits in the Development Standards).
Building setbacks (B.5 Building Modulation of Top
Floors)shall be observed above this height. See Figure
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Table 5.04 Street Frontage Standards
STREET
FRONTAGE STANDARDS
FLEXIBLE
STREET COMPLETE STREET* SHARED SPACE STREET* LANDSCAPE EMPHASIS STREET* PEDESTRIAN PATH ACTIVE GROUND FLOOR MIN. % OF ACTIVE GROUND FLOOR 75% 50% 50% 25% 25% MIN. % OF FENESTRATION AT GROUND FLOOR 75% 50% 50% 50% 50% MIN. GROUND FLOOR‐ TO‐FLOOR HEIGHT 18’ 15’ 12’ 15’ NA
BUILDING MASS FAÇADE HEIGHT AT FRONTAGE LINE** Minimum = 2 Stories Max (BTV) = 5 Stories Max (MUC) = 3 Stories Minimum = 2 Stories Max (BTV) = 5 Stories Max (MUC) = 3 Stories Minimum = 1 Story Max (BTV) = 5 Stories Max (MUC) = 3 Stories Minimum = 2 Stories Max (BTV) = 5 Stories Max (MUC) = 4 Stories NA MIN. % OF FIRST 2 STORIES OF BUILDING AT FRONTAGE LINE 90% 70%*** 75% 75% 50% NA BUILD‐TO LINE Property
Line
Set Back 5’ from
Property Line
Property
Line
Set Back 10’ from
Property Line
NA
* On streets within the Pedestrian Priority Corridor, Street Frontage Standards are equivalent to Flexible Street Standards ** BTV = Bergamot Transit Village (5 Stories = Maximum 60’) MUC = Mixed‐Use Creative District (3 Stories = Maximum 36’) *** When usable and publicly accessible open space is provided along the street frontage on Nebraska Avenue
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Street Type Descriptions and
Additional Standards:
B.10.A Flexible Street
Intent: The Flexible Streettype is a pedestrian‐oriented activity street. In the Mixed‐Use Creative District, the Flexible Street type includes parcels facing NebraskaAvenue. In the Transit Village, the Flexible Street type includes a new extension of Nebraska Avenue. As
shown in Figure 5.9, the Flexible Street standards also apply to all new development facing the Pedestrian
Priority Corridor. These streets will have groundfloor frontages with the highest percentage of activeuses in the Bergamot Plan area. Retail activities are concentrated along this corridor, along with other
varied uses, including creative offices and live/workstudios. The Flexible Street type streets will have the most continuous street walls in the Bergamot Plan
area, punctuated by green open spaces enhanced byrestaurants and cafés.
Because this corridor belongs to both the Transit
Village and the Mixed‐Use Creative District, the
maximum height of the buildings varies (see Table
5.03 and see Figure 5.10 for illustration).
B.10.A.01 The build‐to line is defined as at the
property line.
B.10.A.02 The first and second floors of the building
shall be oriented parallel to the frontage
line. The upper floors are encouraged
but not required to follow the same
orientation.
Figure 5.10Flexible Street
B.10.A.03 Entries to individual residential units are
permitted if there is a recess of at least 5
feet from the sidewalk.
B.10.A.04 Up to 30% of frontage along the Flexible
Street may be publically accessible open
space. This open space should be the
project’s Primary Open Space. Also see
Open Space Standards in Section B.
B.10.A.05 Parking areas or garages are not permitted
to front on the street.
B.10.A.06 To reduce the number of curb‐cuts, no
entries to parking areas or garages shall
be located on the Pedestrian Priority
Corridor, unless no other right‐of‐way
access exists, as determined by the
Planning & Community Development
Director or his/her designee.
B.10.A.07 Garage entrances, driveways, parking
spaces, loading docks and solid waste
storage facilities are not permitted along
the Flexible Street type streets.
B.10.A.08 Glazing shall be transparent and non‐
reflective.
B.10.A.09 Walls and fences along the street frontage
shall have a maximum height of 42 inches.
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B.10.B Complete Street
Intent: While the Complete Street type in the
Bergamot Plan area applies to streets that are
focused on carrying vehicular traffic, these streets
will accommodate bicycle and pedestrian traffic as
well. Development along these streets should create
a pleasant pedestrian environment by means ofstreet
improvements, building entries, entry courts and
interesting frontages. Complete Street frontages are
not expected to have a significant amount of retail,
but should have mostly active uses and a continuous
street wall (see Figure 5.11 for illustration).
B.10.B.01 The build‐to line is defined as being set
back 5 feet from the property line to
provide more width for sidewalks and
landscaping.
B.10.B.02 The first two floors of the building shall
be oriented parallel to the frontage line.
The upper floors are encouraged but notrequired to follow the same orientation.
B.10.B.03 Main entrances should be oriented to the
street. Entries to individual residential
units are permitted if there is a recess of
at least 5 feet from the sidewalk.
B.10.B.04 Up to 25% of frontage along a Complete
Street may be publicly accessible openspace. Primary Open Space oriented to Complete Streets can be offset from
the street, but visible and direct access
should be provided. Also see Open Space
Standards in Section B.8.
B.10.B.05 Parking areas at or above grade shall be
screened from the frontage street by
active uses.
B.10.B.06 Entries to parking areas or garages are
permitted along Complete Street type
streets. Driveways shall be grouped
together to minimize curb cuts, and
limited such that there is no more than
one curb cut per 100 feet.
Figure 5.11Complete Street
B.10.B.07 Glazing shall be transparent and non‐
reflective.
B.10.B.08 The maximum height of walls and fences
along the street frontage is 42 inches,
and they shall be designed to add visual
interest to the pedestrian experience.
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B.10.C Shared‐Space Street
Intent: The Shared‐Space Street type in the Bergamot
Plan area applies to streets that allow pedestrians,
bicyclists and automobilesto share space (see Chapter
7, Section D Shared‐Space Street). The pace of the
Shared‐Space Street will be slow and leisurely. A mix
of uses that are as flexible as possible will provide an environment for multimodal and interpersonal mixing
and mingling: workers and residents, artists and
teachers. Development standards for Shared‐SpaceStreets are intended to support the innovative and more intimate character of thisstreet type (see Figure
5.12 for illustration).
B.10.C.01 The build‐to line is defined as at the
property line.
B.10.C.02 The firstfloor ofthe building is encouraged
but not required to be oriented parallel to
the frontage line.
B.10.C.03 Retail usesshould front on the street and/
or be located at the corners of buildings
(see Retail Standards in Section B.9).
B.10.C.04 Up to 25% of frontage along a Shared‐
Space Street may be publicly accessible
open space. This open space shall directly
connect to the street and complementthe streetscape. Active uses should frame these open spaces whenever possible.
Also see Open Space Standards in Section
B.8.
B.10.C.05 Parking areas or garages are not permitted
to front the street.
B.10.C.06 The number and size of entries to parking
areas or garages shall be minimized on
Shared‐Space Streets, and their design
should be integrated with the streetscape.
B.10.C.07 Loading docks and solid waste storage
facilities are not permitted along the
Shared‐Space Street.
B.10.C.08 Glazing shall be transparent and non‐
reflective.
B.10.C.09 Walls and fences along the street frontage
shall have a maximum height of 42 inches.
Figure 5.12Shared‐Space Street
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B.10.DLandscape Emphasis Street
Intent: The Landscape Emphasis Street type consists
of a section of Olympic Boulevard between Stewart
and Centinela, which will be a green boulevard.
Because the scale of Olympic Boulevard is large and
it is a primarily auto‐oriented street in this area, the buildings on thisfrontage should be balanced by more
generouslandscaping (see Figure 5.13 for illustration).
B.10.D.01 The build‐to line is defined as being set
back 10 feet from the property line to
allow for landscaping and sidewalks. For
buildings not parallel to the property line,
the minimum setback of 10 feet appliesto
the building corner closest to the property
line.
B.10.D.02 Along Olympic Boulevard, buildings are
not required to be oriented parallel to the
frontage line.
B.10.D.03 Where there are not active ground floor
uses, the setback shall be landscaped with
attractive, drought‐tolerant vegetation
and structures shall include a well‐ detailed building façade that responds to the pedestrian scale.
B.10.D.04 Major building entrances shall face the
street.
B.10.D.05 Retail uses shall front the street and be
located at building entries or building
corners. Also see Retail Standards in
Section B.9.
B.10.D.06 Entries to individual residential units are
permitted if there is a recess of at least 5
feet from public walkways or sidewalks.
B.10.D.07 Up to 50% of frontage along the Landscape
Emphasis Street may be dedicated toopen space. Primary Open Space for the Landscape Emphasis Street type can be
offset from the street, but visible and
direct access should be provided. Also see
Primary Open Space Standards in Section
B.8.
B.10.D.08 Parking areas or garages are not permitted
to front on the street.
B.10.D.09 No entries to parking areas or garages
shall be located on the Landscape
Emphasis Street, unless no other right‐of‐
way access exists.
B.10.D.10 Glazing on the ground floor shall be
transparent and non‐reflective.
B.10.D.11 The maximum height of walls and fences
along the street frontage is 42 inches,
and they shall be designed to add visual
interest to the pedestrian experience.
Figure 5.13Landscape Emphasis Street
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Figure 5.14Pedestrian Path
B.10.E Pedestrian Path/Bike‐Ped Path
Intent: The Pedestrian Path and Bike‐Ped Path
throughway type in the Bergamot Plan area applies to
a network of internal and through‐block connections.
It also applies to new development along the Expo
Regional Bike Path and along alleys. New development
along any Pedestrian Path/Bike‐Ped Path is required
to be arranged so as to make the path feel safe,
active and inviting. Pedestrian Path/Bike‐Ped Paths of
different developments should be interconnected to
form a network throughout the area (see Figure 5.14
for illustration).
B.10.E.01 For Tier III projects, all new development
shall provide a through‐block publicallyaccessible Pedestrian Path or Bike‐Ped Path as shown on the Bergamot StreetNetwork map. This can be combined with required fire access.
B.10.E.02 Active uses, open spaces and entries along
Pedestrian Path/Bike‐Ped Paths shall be
oriented to the Pedestrian Path/Bike‐PedPath.
B.10.E.03 Garage entrances, driveways, parking
spaces, loading docks and solid waste
storage facilities are not permitted along
Pedestrian Path/Bike‐Ped Paths.
B.10.E.04 Fences along Pedestrian Path/Bike‐Ped
Paths up to 42 inches are only permitted
if made of a sufficiently transparent
material for natural surveillance of the
path. For example, fences can be metal
pickets spaced apart. Chain link fencing is
discouraged. Operable gates (open to the
private side) must be provided.
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B.11 Flexible Development Standards
In unique circumstances, a proposed project may
support the life and activities of the sidewalk
and community even though it cannot meet the
Development Standards. Projects that cannot meet
the Development Standardsshould still be considered,
if the authorized review entity determines that a
flexible approach to design promotes design creativity, architectural innovation and the vital sidewalk life
and activity of both the site of the project and the
overall street setting. See table 5.05 for mandatory
and flexible design standards following this track.
When design flexibility is sought, the following
considerations must be established and stated as
findings by the appropriate review entity.
a. That meeting all development standards will
prevent physical innovation in mixed‐use
development and/or building design;
Table 5.05 Flexible Development Standards
b. That the proposed design reinforces and
enhances the establishment of mixed‐ use pedestrian‐oriented environment andsidewalk life in the Transit Village and Mixed‐ Use Creative Districts;
c. That the proposed design supports local uses,
including, but not limited to the provision
of housing, daily community needs and/or
services, and/or public open space and green
connections to adjoining neighborhoods;
d. That the proposed design integrates features
and amenities, including, but not limited to
wider sidewalks, landscaping and trees and/or
arts and cultural uses; and
e. That, where relevant, the proposed design
maintains solar access for existing, adjacent or
adjoining residential land uses.
B.12 Non‐Conforming Uses and Standards
The Zoning Ordinance of the City of Santa Monica
includes regulations governing modification and
expansion of non‐conforming buildings and uses.
Properties in the Bergamot Plan area are subject tothose regulations with the exception of the followingprovisions. These provisions are intended to support Bergamot Area Plan goals by allowing existing non‐
conforming buildings and uses to remain and adapt to
changing needs while retaining desired architectural
character.
B.12.01 Bergamot Transit Village/Mixed‐Use Creative
District
Pedestrian access: If a building is repurposed with a
conforming use but has an existing uninterrupted
façade of over 300 feet in length and previously
contained a use not permitted in this plan (non‐
conforming use), the building shall be modified to
provide a pedestrian throughway at the ground level,
with a minimum 12 feet in width and minimum height
clearance of 12 feet. The pedestrian throughway
entrance shall be located not less than 300 feet
from the nearest perpendicular street and shall be
visible from the sidewalk. All throughways shall be
perpendicular to the two longest building sides and
shall not be considered floor area for purposes of
calculating FAR. Landscaping that meets the intent
of the Design Guidelines shall be provided subject to
Architectural Review Board approval. The throughwayshall be well‐lit, remain visually unobstructed and shall be maintained per the approved landscape plan.
FLEXIBLE DEVELOPMENT STANDARDS MANDATORY FLEXIBLE
FLOOR AREA RATIO (FAR) •
HEIGHT LIMITS •
TRANSITIONAL HEIGHT ZONES •
MIX OF USES •
BUILDING HEIGHT MODULATION OF TOP FLOORS •
MAXIMUM BUILDING FLOOR PLATE •
OPEN SPACE STANDARDS •
RETAIL DESIGN STANDARDS •
STREET‐BASED FRONTAGE STANDARDS •
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B.12.02 Conservation: Creative Sector (CCS) and
Conservation: Art Center (CAC) Districts
a. Theaddition ofmezzanineswithin the envelope
of a building in existence as of January 1, 2013
shall not count as floor area for the purpose of
calculating FAR.
b. The State Historic Building Code may be
applied to buildings in existence as of January
1, 2013, with all determinations subject to
approval of the City’s Building Official.
B.13 Bergamot Area Plan Special SignageChapter 4.D, Art and Culture sets forth goals and policies for the Plan area that seek to build on the
area’s creative and historic assets; promote the area’s continued evolution “with a unique, creativity‐based
identity;” and attract “creative entrepreneurs that
contribute to the area’s economic health.” These
Special Signage standards addressthe Art and Culture
goals in this plan by allowing flexibility from the city‐ wide sign code for unique business identification
signage that achieves more interest and diversity, and
which contributesto the overall creative identity ofthearea as described and defined elsewhere in the Plan.
Signs that may exceed the Sign Code’s specifications,
which generally ensure reasonable and visible signs in
the city, are desirable and appropriate for the districts that comprise the Plan area, provided certain specific, objective standards are still met.
In general, sign permits in the Bergamot Plan area
shall be issued subject to the standards and process
set forth in the Municipal Code (SMMC 9.52 ‐ Sign
Code). However, the size and locational restrictions
of SMMC 9.52.140, sign type restrictions of SMC
9.52.150 and the area restrictions in SMMC 9.52.160
may be modified for Bergamot Area Plan Special
Signage, based on criteria that will be added to the
sign code.
B.13.01 Adopt Bergamot Area Plan Special Signage
provisions in Santa Monica sign code.
B.14.A Parking and Loading Standards and
Transportation Demand Management
This section includes standards applicable to all
projects within the Plan area for automobile and
bicycle parking, as well as participation in trip
reduction strategies. The automobile parking
standards begin with requirements for non‐residential
uses, followed by residential uses and then by
regulations that are generally applicable and not
based on land use. This is followed by bicycle parking
and loading standardsfor all uses. The last sub‐section institutes requirements related to establishment and
participation in Transportation Demand Management
(TDM) measures and the Transportation Management
Association (TMA).
B.14.A Automobile Parking Requirements
Parking requirements shall be set forth in Chapter
9.28, Parking, Loading, and Circulation, of the SantaMonica Municipal Code. Bergamot Plan‐specificautomobile parking minimums and maximums havebeen developed for commercialand residential uses,with the long‐term goal of developing an average parking supply rate of 2.0 spaces per 1,000 square feetat full build‐out. Where
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parking is referred to as “shared,” the intention isthat it is designed and operated in a way thatallows its use by those living or working on theproperty where the parking is provided, by thoseliving nearby or employed in other areabusinesses, and by visitors to the area who arenot there on a regular basis.The parking requirements are differentdepending on the implementation phase of theBergamot Plan. Three phases are assumed—thefirst at Plan adoption, the second at 2,500 netnew spaces, and finally when a minimum of 5,000net new spaces have been built— with parkingrates ratcheting down to ensure that the targetrate is achieved at build‐out. It is assumed thatparking demand will be higher in the early yearsof district development than in later years, basedon aggressive area‐wide implementation of TDMand achievement of vehicle trip reduction targetsthrough stronger transit, bicycle and pedestrianfacilities. Also, it is assumed that early projectswill provide moreparking to allow for sharing withadjacent uses. Over the long run, the totalcommercial parking ratio shouldnot be more than2.0 spaces per 1,000 square feet. In the short run,individual projects may be higher, up to4.0 spaces per 1,000 square feet. “Net NewSpaces” are defined as the total increasednumber of off‐street parking spaces built in thewhole Bergamot Plan area above the basenumberthat is documented in this Plan.Where reserved parking is necessary, parkingmay be reserved for residential tenants of abuilding or for off‐ site users at the property owner’s discretion. In shared parking spaces,signage designating specific users shall not beallowed.
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Commercial Parking Standards:
The definition of commercial uses in the BergamotPlan area includes all uses that are non‐residential.Grouping retail, office, creative businesses andsupporting services under the broad definition of acommercial use allows simplified parking standards,and facilitates the opportunity for district‐wide sharedparking among land uses of different sizes and peakand non‐peak hours of commuting.Commercial standards are summarized in Tables5.06 and 5.07. See also sub‐section B14.A.07 forparking requirements applicable to changes of use inan existing building and sub‐sections B.14.A.03 andB.14.A.04 for exemptions for minor additions and inthe Conservation districts.
Table 5.06 Tier 1 & Tier 2 Bergamot Plan Area Commercial Parking Reqirements per 1,000 Square Feet
REQUIRED MAXIMUM WITH VOLUNTARY SHARED PARKING
At Plan Adoption 2.0 4.0, of which no more than 2.0 may be reserved At 2,500 Net New Spaces 2.0 3.0, of which no more than 1.5 may be reservedAt 5,000 Net New Spaces 0.0 2.0, of which no more than 1.0 may be reserved Table 5.07 Tier 3 Bergamot Plan Area Commercial Parking Reqirements per 1,000 Square Feet B.14.A.01 Parking Requirements At Plan
Adoption
a. Tier 1 and Tier 2 projects: 2.0 parking spaces
per 1000 SF shall be required, which may bereserved or voluntarily shared with the public.More than 2.0 spaces/thousand square feetshall be permitted up to a maximum 4.0 spacesper 1,000 square feet per Table 5.05, providedthat the additional portion over 2.0 per 1000SF shall be shared with the public. b. Tier 3 projects: A minimum of 2.0 spaces per
1,000 square feet are required. Of the 2.0required spaces, a minimum of 1.0 space per1000 SF shall be shared and a maximum of 1.0space per 1000 SF may be reserved. No morethan 4.0 spaces per 1,000 square feet shall bebuilt, and a maximum of 2.0 spaces may bereserved. i. Notwithstanding the above, thenumber of existing parking spaces in a Tier3 project in excess of the required 2.0 per1000 SF, may be maintained for the useof on‐site tenants for the first five yearsfollowing initial occupancy, after which50% of those spaces shall also be sharedin the same manner as the other sharedspaces.
B.14.A.02 Parking Requirements At 5,000 Net New
Spaces: Once 5,000 net new spaces have beenconstructed, no minimum amount of parkingis required for Tier 1, Tier 2, or Tier 3 projects;however, the following shall be insteadrequired:
a. Prior to issuance of building permits, the
applicant shall join the Transportation
Management Association (TMA) and record adeed restriction agreeing to require all building tenants to become members of the TMA for
not less than 25 years;
b. Prior to issuance of building permits, the
applicant shall remit an additional payment to
the TMA for the operation and maintenance of
shared parking facilities and implementation of
vehicle trip reduction measures in an amount
to be determined by resolution of the CityCouncil in compliance with applicable law; and c. Required TMA membership shall be included
as a separate line item in all applicable leases.
REQUIRED MAXIMUM
At Plan Adoption
2.0, of which at least 1.0 must
be shared 4.0, of which no more than 2.0 may be reserved At 2,500 Net New Spaces
2.0, of which at least 1.0 must
be shared
3.0, of which no more than 1.5 may be reserved
At 5,000 Net New Spaces 0.0
2.0, of which no more than 1.0 and no more than
50% of any parking provided may be reserved
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B.14.A.03B.14.A.01 Exemption, Minor Additions:
Additions of up to 500 square feet of grossfloor area to existing buildings are exemptfrom the parking requirements, but may notreduce thenumber of parking spaces alreadyprovided on the property in completing theproject. This exemption may only be appliedonce to a property. Projects receiving thisexemption shall provide secure bicycle parkingasrequiredby Table 5.11.
B.14.A.04 Exemptions, Conservation Districts:
Notwithstanding the above, the followingexemptions from the parking requirementsshall apply for buildings in existence as ofJanuary 1, 2013 in:
a. The Conservation: Creative Sector (CCS)
District:
i. Additions up to 2,500 square feet,provided that the project does not removemore than 50% of the exterior walls andstructural supports and that the projectdoes not reduce the number of parkingspaces already provided on the property.ii. The addition of mezzanines asdefined in the Zoning Ordinance within theexisting building envelope. b. The Conservation: Art Center (CAC) District:
The addition of mezzanines within the existingbuilding envelope. c. Projects exempted from providing automobile
parking per (a) and (b) above shall providesecure bicycle parking as required by Table5.11. d.a. Prior to issuance of building permits for
projects utilizing the parking exemption in
a conservation district, the applicant shall
join the TMA and record a deed restriction
agreeing to require all building tenants to
become members of the TMA for not lessthan 25 years. Required TMA membership shall be included as a separate line item in all
applicable leases.
B.14.A.05B.14.A.02 Use of Tandem or Stacked
(including mechanically‐stacked) Spaces:
Tandem and/ or stacked parking shall be
permitted for non‐ residential uses with the
condition that valet parking, or automated
vehicle release for stacked parking, is
provided during all hours of operation.
Tandem spaces shall have a minimum size of8.5 feet by 34‐36 feet.
B.14.A.06B.14.A.03 Charging for Parking Required:
a. Cost to be Unbundled: All commercial parking
spaces shall be unbundled from the cost of aleased commercial space, and the cost of the parking space shall be included as a separate
line item in the commercial space lease.
b. Parking Pricing: All shared parking spaces
shall be priced at an hourly or daily rate per
B.14.A.15. If shared parking spaces are leased
on a monthly basis, the monthly rate shall notbe less than twenty (20) times the applicabledaily rate. The rate charged to local employees may vary from those of park‐and‐ride transit
users in order to prioritize TMA business
needs. A variable parking rate for off‐peak
hours may also be introduced.
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B.14.A.07 Parking for Changes of Use of Existing
Buildings: When the use of a building inexistence as of January 1, 2013, or portionthereof, is proposed to change to adifferent commercial use or residentialuse, the following shall apply:
B.14.A.08 For projects changing the use of up to
5,000 square feet of floor area: Theproject shall retain the existing number ofparking spaces, except as permitted in sub‐section B.14.A.18.
B.14.A.09 For projects changing the use of more
than 5,000 square feet of floor area:Parking shall beprovided at the greater of:a) retention of the existing number ofparking spaces, or b) the requirement forthe entire property per Tables B.14.A.10 5.06 and 5.07. Only in the case that
retained parking is in excess of theparking requirements of this plan mayparking spaces be converted for bicycleparking per sub‐section B.14.A.18.
B.14.A.11 Changes of use through multiple
applications within a five‐year periodshall be considered as one cumulativeproject for purposes of this section.
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Residential Parking Standards:
All residential uses are assumed to consist of multi‐ family units of various size and number of bedrooms.By having both a base parking requirement and amaximum, developers can build the right amountof parking to serve each development. Residentialstandards are summarized in Tables 5.08 and 5.09.See SMMC Chapter 9.22, State Density Bonus, for alternative parking ratios.
B.14.A.12 Parking Requirements at Plan
Adoption
a. Tier 1 and Tier 2 projects: For both residential
rental and for‐sale projects, a minimum of 1.5spaces per residential unit shall be provided,regardless of unit size or number of bedrooms,and 1.0 space per unit must be reserved. Nomore than 2.0 spaces per unit shall be built, of Table 5.08 Tier 1 & Tier 2 Bergamot Plan Area Residential Parking Reqirements per Unit
REQUIRED MAXIMUM WITH VOLUNTARY SHARED PARKING
At Plan Adoption
1.5, of which at least1.0 must be reserved 2.0, of which no more than 1.5 may be reserved At 5,000 Net New Spaces 1.0 1.5, of which no more than 1.0 may be reserved Table 5.09 Tier 3 Bergamot Plan Area Residential Parking Reqirements per Unit
REQUIRED MAXIMUM
At Plan Adoption
1.5, of which at least 1.0 must be
reserved and 0.5 must be shared
2.0, of which no more than 1.5 may be reserved
At 5,000 Net New Spaces 1.0, which must be shared 1.5, of which no more than 0.5 may be reserved which only 1.5 spaces may be reserved.
b. Tier 3 projects: For both residential rental and
for‐sale projects, a minimum of 1.5 spaces perunit shall be provided regardless of unit sizeor number of bedrooms. Of the 1.5 requiredspaces, a minimum of 0.5 spaces per unitshall be shared and a maximum of 1.0 spaceper unit shall be reserved. No more than 2.0spaces per unit shall be built, of which only 1.5spaces may be reserved.
B.14.A.13 Parking Requirements at 5,000 Net New
Spaces: Once 5,000 net new spaces havebeen constructed, Tier 1 and Tier 2housingprojects must provide a minimum of 1.0space per unit, which may be reserved orshared. Tier 3 projects must provide a minimum of 1.0 space per unit of sharedparking.
B.14.A.10 B.14.A.04 Tandem ParkingProhibited: Residentialtandem parking shall not be permitted.
B.14.A.11 B.14.A.05 Charging for Parking
Required:
a. Cost to be Unbundled: Payment for residential
parking spaces shall be unbundled from the cost
of rent or purchase, except in the case of for‐sale
units with 3 bedrooms or more, whichare allowed
to include 1 parking space in the base cost of the
unit.
b. Parking Pricing: All parking spaces shall be priced
at an hourly or daily rate per B.14.A.15.If parkingspaces are leased on a monthly basis,the monthly rate shall not be less than twenty
(20) times the applicable daily rate. The rate
charged to residents and TMA members may
vary from those of park‐and‐ride transit users in
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order to prioritize resident needs. A variable
parking rate for off‐peak hours may also be
introduced.
c. Parking for Deed‐Restricted Affordable
Units: For deed‐restricted affordable units,
the tenant may choose to either receive
one parking space, which shall be included
within the unit’s affordable rent level, or
receive a rent discount equivalent to half
the amount charged for monthly lease ofa parking space, in exchange for not receiving a parking space. Tenants of
affordable units shall not be permitted tosub‐ lease their parking spaces.
B.14.A.12 B.14.A.06
On‐street Parking Permits
Prohibited. All residential projects shall
record deedrestrictions stating that
residents shall not participate in
surrounding preferential parkingdistricts.
Thisrestriction shall be included in all
residential leases.
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General Parking Standards:
B.14.A.13 Alternatives to Providing On‐site Parkingat 2,500 Net New Parking Spaces: As an alternative toproviding a project’s required parking on‐site,applicants may fulfill their minimum parkingrequirements by joining the TransportationManagement Association (TMA), recording a deedrestriction agreeing to require all building tenants tobecome members of the TMA for not less than 25years, and including a separate line item inall leasesrequiring TMA membership. In addition, applicants shallcomply with one of the following:
a. Shared Parking with lease: Submitting a shared
parking agreement with the owner(s) of one ormore parking facilities within 1,000 linear feet,agreeing to share parking that had previouslybeen reserved for the use of on‐site tenantsthat is demonstrated to be underutilized basedon a parking demand study. The agreementshould stipulate provisions regarding accessto, use of and management of the designatedspaces. In order to ensure that the applicantis adhering to the agreement, a monitoringand enforcement process will need to beestablished. b. Shared Parking without lease: Demonstrating
that with the completion of the proposedproject and that of other projects with buildingpermits issued and under construction within1,000 linear feet of the subject property, theaverage non‐residential parking ratio of allproperties within 1,000 linear feet will be at or above 2.0 spaces per 1,000 square feet; and
I. Prior to issuance of building permits, theapplicants shall also remit an additionalpayment to the TMA for the operationand maintenance of shared parkingfacilities and implementation of vehicletrip reduction measures that will serve theproject in an amount to be determined byresolution of the City Council in compliancewith applicable law. c. For changes of use in an existing building and
projects with
a gross floor area of 15,000
square feet or less: Prior to issuance of buildingpermits, payment of a per‐space in‐lieu feeto be used for vehicle trip demand‐reducingimprovements in the Bergamot Plan area asdetermined by resolution of the City Council inaccordance with applicable law. d. For Projects with
a gross floor area of 15,000
square feet or more: Prior to issuance ofbuilding permits, payment of a per‐space in‐ lieu fee for up to 50% of the total number ofspaces required to be used for improvementsin the Bergamot Plan area as determined byresolution of the City Council in accordancewith applicable law.
B.14.A.14 B.14.A.08
Carsharing Spaces: Once a carshare
provider is present in Santa Monica, thefollowing shall apply:
a. Tier I and II: one required parking space may be
used as a carsharing space for the first 50‐200
residential units plus one additional space for
every additional 200 units. For non‐residentialuses, one required parking space may be used as a carsharing space for every 50 required
parking spaces.
b. Tier III: Development agreements for Tier III
shallrequire carsharing spaces with a minimumof one space for every 200 residential units and one space for every 50 non‐residential spaces.
Carsharing spaces may be redesignated as
shared parking if there is no longer a carshare
provider present in Santa Monica.
B.14.A.15 B.14.A.09
Parking Pricing: In all Plan area parking lots
established after Plan adoption, a minimum
daily parking fee of not less than $8 shall be
charged, with the hourly rate not more than
1/8th the daily rate. Thisrate shall be
adjustedannually based on the CPI rate
utilized by the City. To achieve a balanced
parking system and optimal utilization
targets, the fee shallbe adjusted upward
from the minimum for high demand street
segments and facilities,as determined by the
Director of Planning
& Community
Development or his/her designee,to promote
turnover in the most frequently utilized
street segments and facilities.
B.14.A.16 B.14.A.10
Technology for Shared Parking: Pay station
technologies that accept credit cards, debit
cards and pay‐by‐phone shall be installed in
all shared parking facilities. Parking facilities
shall have auditable payment and utilization
technologies, including automated
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utilization counting and the ability to
distinguish betweendifferent parking
users, with utilization data
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Table 5.10 06 Ridesharing and Zero‐EmissionVehicle Parking Requirements updated and transmitted in real time for use
by third parties. Parking facilities shall be
designed and constructed to accommodate
necessary current or future access controls.
B.14.A.17B.14.A.11 Designated Parking Spaces:
Developments that provide shared and/orcommercial parking shall provide designated parking for zero‐emission vehicles with EV
recharging capability and carpool/vanpool
vehicles, as shown in Table 5.10. These spaces
shall be included in the minimum requiredparking. EVrecharging may be fee based.
B.14.A.18B.14.A.12 Conversion of automobile
spaces to bicycle parking: For existingbuildings, required automobile parking spaces may be replaced with bicycle parking at a
minimum ratio of one automobile parking
space for every eight short‐term, five long‐
term or six combined short‐ and long‐term
bicycle parking spaces. No more than 10% of
the total number of automobile parking
spaces on the property may be replaced in
this manner. For buildings with fewer than 10
automobile parking spaces, one requiredautomobile parking spacemay be replaced in this manner if no other suitable location for
bicycle parking exists on the property asdetermined by the Director of Planning & Community Development or his/ her
designee.
B.14.A.19B.14.A.13 Driveway Location: Driveways
shall not be permitted if alley access is
available.
B.14.A.20B.14.A.14 Parking Access: A parking
access plan shall be submitted for the
approval of the Director of Planning &Community Development or his/her designee that demonstrates satisfaction of the
following:
a. Appropriate number and location of entries
and exits
b. Minimal conflict with pedestrian and bicycle
paths of travel
c. Adequate internal circulation
d. Access control designed to accommodate peak
demand without causing vehicle queuing inthe public right‐of‐way e. Signage for drivers and pedestrians
B.14.B Bicycle Parking Standards
Providing an adequate supply of bicycle parking at all
destinations is critical in the Plan area to encouragebicycle use and reduce auto travel for all types of trips.
Requirements in Table 5.11 are broken down into
short‐ and long‐term parking requirements. Short‐ term bicycle parking is designed for parking needs of less than three hours, while long‐term bicycle parking
is designed for parking needs over three hours.
B.14.B.01 Commercial Use Requirements: All new
buildings or structures, substantial remodels,additions and changes of use to an existing building shall provide bicycle facilities per
Table 5.11.
Total Number
of Shared and
Commercial
Parking Spaces
Provided
Number of
Required
Carpool/
Vanpool
Spaces
Number
of ZeroEmission Spaces
0—9 0 0
10—25 1 126—50 2 251—75 3 3
76—100 4 4
101—150 6 5151—200 8 8
201 and over
At least 4% of
total
At least 4% of
total
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B.14.B.02 Residential Requirements: All new buildings
or structures and substantial remodels with
five or more dwelling units shall provide
bicycle facilities per Table 5.11. Hotel guestrooms and work/live units shall also be subject to the residential requirements.
B.14.B.03 Mixed‐Use Requirements: In instances
where a building contains components of more
than one of the aforementioned categories,
the requirements shall be based on the sum of
the individual uses per Table 5.11.
B.14.B.04 Design Requirements:
a. Short‐term bicycle parking shall be provided
using bicycle racks that are securely anchored
to the ground and to which the bicycle frame
and at least one wheel can be securely locked
to the rack.
Table 5.11 07 Bike Parking Standards
b. Long‐term parking shall be fully enclosed to
protect bicycles from weather. Acceptableinstallations include, but are not limited to:
bicycle rooms, bike cages, attended roofed/
indoor bicycle facilities and bike lockers.
Unattended shared facilities shall include racks
designed per (a), above.
B.14.B.05 Location:
a. All required bicycle racks shall be located
as close as practicable to the entrance of
the facility served. Short‐term bicycle racksmust be located no more than 25 feet from a primary building entrance.
b. Not less than 10% of the required short term
bicycle parking or four spaces, whichever is
more, must be provided on site. In lieu of
providing the remainder of the short‐term
parking on site, the applicant may either:
i. Install the remaining required bike racks
in the public right‐of‐way with a location
and design subject to review and approval
by the City. A deed restriction shall be
recorded requiring the property owner to
maintain the off‐site bike racks for the life
of the project.
ii. Pay a fee per space to be established by
City Council resolution including the cost of
rack and installation. The City will install
racks in the most appropriate location and
configuration near the subject property per
the Street Standards (see Chapter 7).
B.14.B.06 Signage: Where bicycle parking is not
visible from the street, clear and visible
signage leading to the bicycle parking shall be
provided.
B.14.B.07 Lighting: All bicycle parking and facilities
shall be provided with lighting to provide high
visibility, subject to approval of Director of
Planning & Community Development or his/
her designee. Lighting shall be maintained in
operational conditions at all times.
BIKE PARKING
SHORT-TERM LONG-TERM
SHOWERS PERSONAL REQUIREMENT LOCKERS
(MINIMUM 4 SPACES
REQUIRED)
REQUIREMENT
(MINIMUM 4 SPACES
USE REQUIRED)
Restaurant 1 per 1000 sf 1 per 2000 sf
1 unisex per 40,000 sf
and 1 additional for
each 20,000
75% of total longer
term spaces provided
Retail ‐ Gen Food
and Grocery 1 per 1000 sf 1 per 3000 sf
1 unisex per 40,000 sf
and 1 additional for
each 20,000
75% of total longer
term spaces provided
Retail 1 per 1000 sf 1 per 3000 sf
1 unisex per 40,000 sf
and 1 additional for
each 20,000
75% of total longer
term spaces provided
Office 1 per 5000 sf 1 per 900 sf
1 unisex per 40,000 sf
and 1 additional for
each 20,000
75% of total longer
term spaces provided
Hotel 8 per room 0.25
1 unisex per 40,000 sf
and 1 additional for each
20,000
75% of total longer
term spaces provided
Multi‐family without
private garages 0.1 per bedroom 1 per bedroom
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B.14.C Loading Standards:
Loading spaces are required to ensure adequate areasfor loading purposes for all on‐site uses so that commercial and passenger loading activities will be conductedwithout negatively affecting traffic safety or the quality of abutting public streets for people walking, bicycling or driving. Loading spaces also facilitate low‐car‐use
lifestyles by supporting shared delivery and passengertransportation services.
B.14.C.1 Applicability, General: The regulations in
this section shall apply to all projects with new
buildings, additions or changes of use, and shall
govern design of both required and non‐required
loading areas.
B.14.C.2 Applicability, Conservation: Creative Sector
(CCS): For additions or changes of use in existing
buildingsin the CCS District, existing loading areas
shall be maintained, but the project shall not be
required to meet the standards of this section.
B.14.C.3 Submittal of Loading Plan: As part of the
application for all applicable projects, a loading
plan shall be submitted for the approval of the
Director of Planning
& Community Development
or his/her designee. Projects utilizing existingloading in the CCS district per B.14.C.2 above shall also submit a loading plan. The plan shall
include a site plan dimensioning all required and
non‐required loading spaces and indicating the
path of travel to the space and the path of travel
for the goods from the space. The approved
loading plan shall be retained on‐site at all times
and shall be made available to all site tenants.
B.14.C.4 Loading space dimensions: Loading spaces
shall comply with the following standards, asrequired in this section. a. Standard A: If a Standard
A space is required,
the dimensions shall be at least 40 feet long,12 feet wide, and have a clearance of 14 feet. b. Standard B: If a Standard B space is required,
the dimensions shall be at least 65 feet long,15 feet wide, and have a clearance of 14 feet. c. Standard C: If a Standard
C space is required
for passenger loading, the dimensions shall be
at least 18 feet long and 10 feet wide. Design
should not reduce pedestrian orientation of
the site or increase the number of curb‐cuts.
B.14.C.5 Number of loading spacesrequired: Projects
shall provide loading spaces as follows:
a. Primarily Residential: Projects with residential
uses that contain less than 50,000 square feet
of non‐residential floor area shall provide
loading spaces based on the number of
dwelling units as follows:
i. Less than 100 dwelling units:
1. One Standard
A space is required;
however, if the use includes a market,
restaurant or other food sales and service
of more than 5,000 square feet, the
required loading space shall be Standard B.
2. One Standard
C space (passenger
loading) is encouraged. The space must
be accessible and located as close as
practicable to the building entrance or
passenger elevator without a key or access
card from the street.
ii. 100 or more dwelling units:
1. One Standard
A space is required;
however, if the use includes a market,
restaurant or other food sales and serviceof more than 5,000 square feet, the required loading space shall be Standard B.
2. One Standard
C spaces (passenger
loading) are required. The spaces mustbe accessible and located as close as practicable to the building entrance or
passenger elevator without a key or access
card from the street.
b. Primarily Commercial: Projects with residential
uses and more than 50,000 square feet of non‐
residential floor area shall provide loading
spaces as follows:
i. Two Standard
A spaces are required;
however, if the use includes a market,
restaurant or other food sales and service
of more than 5,000 square feet, one
of the two spaces shall be Standard B.
ii. One Standard
C spaces (passenger
loading) are required. The spaces must
be accessible without a key or access
card from the street and located as close
as practicable to the building entrance or
passenger elevator.
c. Commercial Only: Projects with no residential
uses shall provide loading spaces based onproject size as follows:
i. Less than 50,000 square feet of floor
area:1. One Standard
A is required;
however, if the use includes a market,
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restaurant or other food sales and serviceof more than 5,000 square feet, the required loading space shall be Standard B.
ii. 50,000 square feet or more of floor
area:1. One Standard
A space is required
2. One Standard B space is required
d. All Projects with more than 100,000 square feet
of Commercial Use: The Director of Planning
&
Community Development or his/her designee
may require additional loading spaces based
on the project’s needs and site feasibility.
B.14.C.6 Location of Loading Spaces: All loading
facilitiesshall be provided off‐street and within
the subject property. Loading areas shall be
located as follows:
a. Adjacent to building door openings providing
loading access.
b. Situated to ensure that the loading facility can
be screened from adjacent streets as much
as possible and minimizes interference with
pedestrian and bicycle paths of travel.
c. Situated to avoid adverse impacts upon
neighboring properties.
d. Accessible from an alley, of if no alley is
adjacent to the site, a minor roadway.
B.14.C.7 Design of Loading Spaces.
a. Screening. Loading areas adjacent to
residential uses or public streets or alleys
shall be screened and enclosed with a solid
masonry wall, at least 6 feet in height and of a
design approved by the Director of Planning
&
Community Development or his/her designee.
b. Identification. Loading areas shall be designed,
laid out, and clearly marked as being distinctfrom required parking spaces and aisles, unless the City approves the use of the parking
area as an undesignated overlay loading areaduring non‐business hours. c. Obstructions Prohibited. No walkway,
mechanical equipment, utility, waste
collection/disposal receptacle, or other
equipment or fixture may be placed in any
loading area.
B.14.C.8 Off‐Site Loading Alternative for Existing
Buildings: The use of off‐site loading to satisfy
the loading requirements when a change of
use is proposed in an existing building may be
permitted in compliance with the following
standards.
a. Location. All off‐site loading spaces shall
be located within 750 feet of legal walking
distance measured from the primary loading
entrance to the off‐site loading location.
b. Design and improvement standards. All off‐
site loading spaces shall conform to the same
standards of access, configuration, location,
and size required above.
c. Identification of facility. The loading area
must be clearly marked and conspicuously
identified.
d. Terms of off‐site loading.
A City‐approved
covenant shall be recorded that includes
a description of the off‐site loading, a
requirement that the owner of the separated
lot maintain the required loading for the
life of the use to which it is covenanted, a
requirement that the tenant or occupant of
the use for which loading is required submit
annually to the Director of Planning
&
Community Development or his/her designee
a confirmation of the continuing terms of
the off‐site loading plan, and a provision for
liquidated damages to be paid by the applicant
or tenant to the City for violations of the
conditions of approval.
B.14.C.9 Loss of off‐site spaces: In the event the
covenanted loading spaces are no longer
available for a project’s use, the following shall
be required:
a. Notification to the City. The owner or
operator of the business or property that
uses the approved off‐site loading space shall
immediately notify the Director of Planning
&
Community Development or his/her designee
of any change of ownership or use of theproperty for which the spaces are required, and of any termination or default of the
agreement between the parties.
b. Effect of termination of agreement. Upon
notification that a lease for required off‐ site loading has terminated, the Director of Planning
& Community Development or his/
her designee shall determine a reasonable
time in which one of the following shall occur:
i. Substitute loading is
provided that is acceptable to the
Director of Planning
& Community
Development or his/her designee; orii. The size or capacity of the use is reduced in proportion to the loading spaces
lost.
8.A.d
Packet Pg. 383
Attachment: Attachment D - Bergamot Area Plan Redlines (5610 : Housing Element Implementation (120 178 | CITY OF SANTA MONICA
Land Use Regulations and Development Standards
8.A.d
Packet Pg. 384
Attachment: Attachment D - Bergamot Area Plan Redlines (5610 : Housing Element Implementation (120 BERGAMOT AREA PLAN | 179
Land Use Regulations and Development Standards
B.14.C.10 Exceptions for New Buildings under
25,000 square feet. Notwithstanding the
requirements of this chapter, a waiver or
reduction in the number and/or dimensions
of loading zones may be permitted by theDirector of Planning and Community Development or his/her designee for
projects that will resultin a total of less than
25,000 square feet on the property if it is
determined that the only feasible location
for a loading zone within the project
boundaries will detract from the project’s
pedestrian orientation and thereby not meet
the Bergamot Area Plan’s intention to create
active, lively streetscapes.
B.14.D TDM & TMA Establishment:
The establishment and continuing maintenance of
the Transportation Management Association (TMA)
is a high implementation priority for the success of
this Plan. Projects that meet certain thresholds
describedelsewhere in this Chapter are required to
join the TMA, while other property owners and
tenants are encouraged to join and participate based
on incentives and benefits that the TMA will offer.
The following requirements shall be met in all
applicable projects:
B.14.D.01 The City shall establish a TMA with authority to implement the Bergamot Area Plan
requirements pertaining to trip reductionthrough
transportation demand management.
Responsibilities of the TMA shall include, but
are not limited to: operation of all shared
parking subject to the TMA program; providing
signage, real‐time information and other
wayfinding mechanisms; coordinating andoffering programs to promote biking, walking and other trip reduction strategies; data collection;
and coordination of pricing for parking. The TMA
shall actively engage existing and future parking
lot and garage owners to lease, sell, or make
spaces publicly–accessiblein order to be added to
the district’s pool of shared parking.
B.14.D.02 All projects with new construction or that
include additions to existing buildings in excessof
5,000 square feet shall be required to do the
following:
a. The applicant and/or property owner shall jointhe
TMA and shall ensure that all tenants are TMA
members for the first 25 years from dateof finalinspection or certificate of occupancy. b. The applicant shall submit for the approval of
the Director of Planning & Community
Development or his/her designee a
Transportation Demand Management (TDM) plan
that complies with the City’s TDM requirements.
8.A.d
Packet Pg. 385
Attachment: Attachment D - Bergamot Area Plan Redlines (5610 : Housing Element Implementation (120 Attachment E - Housing Projects Applicability and Requirements Table Based on Proposed Amendments
Housing Project
Type Definition Entitlement Applicability of Standards for Specific Housing Max Allowable
FAR/Height
Active
Ground Floor
Use?
Active
Ground Floor
Design?
Pedestrian
Oriented
Design?
Unit Mix TDM Air Quality
Assessment For Mixed Use and Commercial Zones Only
Chapters 9.39
and 9.40 Chapter 9.31.195
DCP, BAP,
Chapters 9.11,
9.13 Section
9.11(A)(1);
DCP 9.10.040
Section
9.11(A)(2);
DCP Chapter
4.E
Chapters
9.11, 9.13,
DCP
Chapter 4.E
Housing Project (25%
to 33% nonresidential)
(Section 9.52.020.1125)
• Residential units only.
• Mixed-use developments
consisting of residential and
nonresidential uses in which
nonresidential uses do not
exceed 33% of the total
building square footage and
are limited to the first two
floors of buildings that are two
or more stories.
• Transitional or supportive
housing.
-DRP
-AA if site is 5th
Cycle HE site
with 20%
affordable
Yes, if at
least 50 units
Yes, if at
least 16
units
Yes Varies by zone Exempt;
except for
Main and
Montana
Policy
Question:
Should the
active ground
floor use
requirement
also apply to
NC Ocean
Park and
Pico?
Exempt;
except for
Main and
Montana
Policy
Question:
Should the
active ground
floor use
requirement
also apply to
NC Ocean
Park and
Pico?
Yes
Streamlined Housing
Project (no more than
25% nonresidential)
(Section 9.39.040)
• Residential units only
• Mixed-use developments
consisting of residential and
nonresidential uses in which
nonresidential uses do not
exceed 25% of the total
building square footage and
are limited to the first two
floors of buildings that are two
or more stories
• Transitional or supportive
housing
• Must be on a parcel that does
not exceed 43,560 square
feet in size
-AA Yes, if at
least 50 units
Yes, if at
least 16
units
Yes Varies by zone
(same as
Housing
Project)
Exempt;
except for
Main and
Montana
Exempt;
except for
Main and
Montana
Yes
8.A.e
Packet Pg. 386 Attachment: Attachment E - Summary of Applicability of Project Requirements for Housing Projects (5610 Housing Project
Type Definition Entitlement Applicability of Standards for Specific Housing Max Allowable
FAR/Height
Active
Ground Floor
Use?
Active
Ground Floor
Design?
Pedestrian
Oriented
Design?
Unit Mix TDM Air Quality
Assessment For Mixed Use and Commercial Zones Only
DCP Streamlined
Housing Project (no
more than 25%
commercial)
(DCP Section 9.10.050)
• Residential units only
• Mixed-use developments
consisting of residential and
nonresidential uses in which
nonresidential uses do not
exceed 25% of the total
building square footage and
are limited to the first two
floors of buildings that are two
or more stories
• Transitional or supportive
housing
Policy
Question:
Should the AA
threshold be
established at
less than
90,000 sf
project size or
a site size of
less than 1
acre?
Yes Yes, if at
least 16
units
Yes Varies by zone Only for
Bayside
Conservation
zoning district
Only for
Bayside
Conservation
zoning district
Yes
100% Affordable
Housing Project
(Section 9.52.020.0050)
• Housing projects with a
minimum of 25% of the units
deed restricted or restricted by
an agreement approved by
the City for occupancy by 60%
Income Households or less
and the remainder of the
housing units are deed
restricted or restricted by an
agreement approved by the
City for occupancy by 80%
Income Households or less.
• May include nonresidential
uses not to exceed 33% of the
project’s total floor area.
AA Exempt Exempt Yes Unlimited
FAR/Extra 33
feet above
base
Exempt;
except for
Main and
Montana
Policy
Question:
Should the
active ground
floor use
requirement
also apply to
NC Ocean
Park and
Pico?
Exempt;
except for
Main and
Montana
Yes but
exempt in
Downtown
Moderate Income
Overlay Project
(Section 9.19.020)
• A multiple-unit dwelling project
on a non-residential zoned
parcel in the MHO, where
each dwelling unit is an MHO
Dwelling Unit affordable to
households earning up to
120% of area median income.
• May include up to 33% of total
floor area as market rate units
and/or non-residential uses,
AA Exempt Yes, if at
least 16
units
Yes 50% density
bonus/Extra 33
feet above
base
Exempt
Policy
Question:
Should the
active ground
floor use
requirement
also apply to
NC Ocean
Park and
Pico?
Exempt
Policy
Question:
Should the
active ground
floor use
requirement
also apply to
NC Ocean
Park and
Pico?
Yes
8.A.e
Packet Pg. 387 Attachment: Attachment E - Summary of Applicability of Project Requirements for Housing Projects (5610 Housing Project
Type Definition Entitlement Applicability of Standards for Specific Housing Max Allowable
FAR/Height
Active
Ground Floor
Use?
Active
Ground Floor
Design?
Pedestrian
Oriented
Design?
Unit Mix TDM Air Quality
Assessment For Mixed Use and Commercial Zones Only
no more than 25% of total
units can be market rate units,
Multiple-Unit Dwelling
Projects Located on
Community Assembly
Surface Parking Lots
(Section 9.31.196)
• Must be on surface parking
lots owned in whole or in part
by a Community Assembly
use.
• At least 50% of total units
affordable to 80% income
households.
AA Yes, if at
least 50 units
Yes, if at
least 16
units
Yes Unlimited
FAR/Extra 33
feet above
base
Exempt, if no
more than
33% of project
is nonresidential
Exempt, if no
more than
33% of project
is nonresidential
Yes
Other Multiple-Unit
Dwelling Project
(more than 2 units but
not meeting definitions
above)
• Not defined as housing project
(i.e., more than 33% nonresidential)
Based on size
threshold
Yes, if at
least 50 units
Yes, if at
least 16
units
Yes Same as
commercial
projects
Yes Yes Yes
AA = Administrative Approval
DRP = Development Review Permit
8.A.e
Packet Pg. 388 Attachment: Attachment E - Summary of Applicability of Project Requirements for Housing Projects (5610 Planning Commission
January 23, 2023
Honorable Mayor and City Councilmembers
Santa Monica City Council
1685 Main St
Santa Monica, CA 90401
Honorable Councilmembers:
The Planning Commission recommends that the City Council request the approval of the California Department of Housing and Community Development (HCD) to amend Program 1J of the City’s certified Housing Element (2021-2129) in order to meet Affirmatively Furthering Fair Housing (AFFH) objectives and to protect small, locally owned businesses and service providers The proposed amendment would fine-tune the program by retaining the City’s long-term commitment to providing access to housing opportunity while ensuring we maintain complete neighborhoods that provide access to economic opportunity and address vehicle miles traveled concerns. Specifically, the proposed amendment would retain the existing heights and Floor Area Ratios (FAR) in the Neighborhood Commercial Districts (NC) on Main Street, Ocean Park Boulevard, Pico Boulevard and Montana Avenue, rather than increasing them as proposed in the current language of Program 1J.
The Planning Commission also recommends that the City request HCD’s guidance as to whether the SSI should be amended to remove the thirteen properties in the Neighborhoods Commercial District and to add (a) Replacement Site(s) that is (are) necessary to compensate for the 165 housing units projected for development in the NC District.
This request for approval to amend Program 1J is based on the following:
1. The Commission understands that the State is concerned about accomplishing AFFH goals by upzoning the NC Districts. The City has found through on-going analysis that this upzoning is not necessary to accomplish DocuSign Envelope ID: D16F72E0-A1F0-47B9-BE82-68935D932098
8.A.f
Packet Pg. 389 Attachment: Attachment F - Letter_from_Planning_Commission_to_City_Council_proposing_amendments_to_the_Housing_Element_1-23-23 2 the City’s RHNA goals nor to further AFFH objectives. The City believes that AFFH goals are being reached in all the neighborhoods served by the NC Districts, or will be reached through the implementation of new programs mandated by the Housing Element.
2. The upzoning of our NC districts will cause the displacement of locally owned businesses that provide affordable retail and essential services to residents.
In fact, the loss of these neighborhood-serving businesses will be in direct conflict with AFFH objectives. Many of these small businesses are minorityowned. Further, NC Districts currently offer entrepreneurial opportunities for local residents, many of whom are people of color.
3. Proposed Zoning Ordinance amendments would remove the requirement that the ground floors of new projects on Pico and Ocean Park Boulevards include commercial space. This proposed zoning change recognizes the inability of local businesses to afford the rents in these new buildings and the fact that these two neighborhood commercial streets would not attract sufficient regional interest to attract non-local retailers, which could afford the new, higher rents. The result of this would be the removal of all convenient, walkable commercial opportunities in Sunset Park and the Pico neighborhood.
4. The NC Districts include many designated Landmarks and other significant historic resources. This fact reduces the overall development capacity of NC areas.
5. A Replacement Site that can accommodate more than the 165 units projected for the upzoned NC areas has been identified. With even greater capacity than those sites, it will actually increase the number of affordable and market rate units produced during the 6th Cycle.
6. The Replacement Site will locate new residents close to the Expo Light Rail Line, offering access to numerous job nodes throughout the region. Access to high quality transit is critical to the economic health of many residents, especially lower incomes.
Data Demonstrating AFFH in Neighborhood Commercial Districts The proposed Housing Element amendment will not have negative impacts on the State’s AFFH requirements because each neighborhood surrounding the NC zones DocuSign Envelope ID: D16F72E0-A1F0-47B9-BE82-68935D932098
8.A.f
Packet Pg. 390 Attachment: Attachment F - Letter_from_Planning_Commission_to_City_Council_proposing_amendments_to_the_Housing_Element_1-23-23 3 currently offers or will offer a variety of housing types and affordability levels during the 6th Cycle.
Main Street
The NC district on Main Street is the major commercial area serving residents of Ocean Park. The historically red-lined Ocean Park community has always provided a variety of housing types and a range of affordability levels. Community Corporation of Santa Monica (CCSM), Santa Monica’s most prolific affordable housing development nonprofit established with a seed grant from the City of Santa Monica in 1982, owns and operates 343 affordable housing units on 22 sites across Ocean Park. Of these units, 44 are on Main Street, just north of Main Street’s NC District. Across the street from this CCSM project on Main Street is a mixed income rental housing project with approximately 60 units. This existing housing has been developed using the zoning standards of the General Commercial District, which has a lower FAR and height limit than that proposed in the Housing Element for the NC portion of Main Street.
There are approximately 170 units of deed restricted affordable rental units for seniors in Ocean Park.
According to the 2021 Santa Monica Rent Control Board Annual Report, 4,684 rental units in Ocean Park are subject to local rent control (17% of the citywide total). The median monthly Maximum Allowable Rents for these units range from $1,521 for a studio apartment to $2,466 for a three-bedroom apartment. These rents are affordable to moderate income households and include units with long term tenants and those that have been decontrolled to market rate levels.
The feasibility of developing housing with the existing NC development standards has been demonstrated by a recently approved market rate rental housing project with ground floor retail in the NC District. This project demonstrates that housing can be feasibly developed with a retail component on this NC portion of Main Street.
Ocean Park is a diverse community from the standpoint of income levels and demographics. John Muir Elementary School is located in Ocean Park and serves the majority of children who live in that community. It is currently closed for remediation purposes. When in operation, the school is a Title I school, meaning at least thirty five percent (35%) of its students are from families living at or near the poverty level. Forty seven percent (47%) of the students are from low-income families. John Muir is also racially and ethnically integrated with almost sixty percent (60%) of students identifying as non-white.
DocuSign Envelope ID: D16F72E0-A1F0-47B9-BE82-68935D932098
8.A.f
Packet Pg. 391 Attachment: Attachment F - Letter_from_Planning_Commission_to_City_Council_proposing_amendments_to_the_Housing_Element_1-23-23 4 The Ocean Park housing market also includes many single-family houses and condominiums with values well into the millions of dollars.
The City believes that upzoning the NC District on Main Street is unnecessary because Ocean Park is already a model community for meeting AFFH objectives.
Ocean Park Boulevard
The NC area on Ocean Park Boulevard is the major neighborhood commercial district for the Sunset Park community with locally owned businesses and necessary community retail and essential services. A common misperception about the Sunset Park community is that it is primarily populated by single family homeowners in R1 districts. Similar to Ocean Park, Sunset Park offers a wide variety of housing choices and affordability levels. There are approximately 7,000 housing units in Sunset Park.
Of these, 2,634 are on R1 properties, and 3,309 are rentals subject to local rent control. The median Maximum Allowable Rents for these rent-controlled units range from $1,140 for a studio to $2,298 for a three-bedroom unit. These rents are affordable to low and/or moderate-income households. CCSM owns and operates 310 deed restricted affordable rental units in Sunset Park. The balance of the units in Sunset Park (747) are condominiums and post-1978 apartments.
Another interesting fact about Sunset Park is that one of its two elementary schools (Will Rogers) is among the most ethnically and racially diverse schools in the district.
It serves the Pico and Sunset Park neighborhoods west of 17th Street. Thirty three percent (33%) of the students identify as white, forty five percent (45%) as Hispanic, nine percent (9%) as black, and thirteen percent (13%) as members of other racial/ethnic groups. Will Rogers is designated as a Title I school. John Adams Middle School, which serves the Pico Neighborhood, Sunset Park and Ocean Park is also a Title 1 school. No feasibility analysis showing the need to increase FAR and height in the NC District of Ocean Park Boulevard was performed, but existing conditions demonstrate the district’s ability to offer housing opportunity at a wide range of affordability.
Montana Avenue
The Montana Avenue NC district is the major neighborhood commercial area for the neighborhoods north of Montana Avenue and between Montana Avenue and Wilshire Boulevard. Although the north of Montana neighborhood is primarily R1 with extremely high property values, it is bound by streets with hundreds of units of multifamily housing. The certified Housing Element proposes furthering AFFH objectives in the R1 District north of Montana through active encouragement of ADU DocuSign Envelope ID: D16F72E0-A1F0-47B9-BE82-68935D932098
8.A.f
Packet Pg. 392 Attachment: Attachment F - Letter_from_Planning_Commission_to_City_Council_proposing_amendments_to_the_Housing_Element_1-23-23 5 construction and enactment of zoning changes that encourage the development of duplexes using SB9.
The neighborhood between Montana Avenue and Wilshire Boulevard is almost entirely developed with multi-family housing and has the highest percentage of the City’s rent-controlled housing supply (6,012 units). These rent-controlled units are affordable to and serve all income groups.
Pico Boulevard
Businesses in the Pico Boulevard NC District serve residents of the Pico Neighborhood and the northern section of Sunset Park with a variety of affordable retail and service options. Although designated a High Resource Area like the rest of the city, the Pico Neighborhood is home to its lowest income and most rent burdened residents. The neighborhood also has the highest concentration of people of color and is the community most at risk because of gentrification and its resulting displacement. Planning for this area is a delicate balance between encouraging diversity and protecting existing residents and the commercial facilities that serve them.
Beginning with the Pico Neighborhood Community Plan in 1983, the residents of the Pico Neighborhood have advocated for fair housing, appropriate commercial/industrial development, to reduce crime, support youth, and for public services in their district. Spurred by new energy from the community in 2016, the city began an update of the Pico Neighborhood Plan that focused specifically on the NC district. Community advocates brought strong support for maintaining and supporting the ethnic and cultural character of the Pico Neighborhood, protecting residents from displacement, and developing new ways to support business opportunities for local entrepreneurs in the NC district on Pico Boulevard. In 2019, targeted adjustments were made to the city’s zoning regulations for NC on Pico Boulevard to support local economic development. For example, a community kitchen that supports seed businesses in food service is under construction. The City also gives micro-grants to local entrepreneurs seeking to start small businesses.
And, a Protecting Our Diversity program provides rent subsidies for Pico Neighborhood residents.
The Pico Neighborhood also includes an area north of the I10 Freeway, which was severedfrom the southern portion of the neighborhood by construction of the Santa Monica Freeway in the 1960s. It encompasses the Bergamot Plan area where hundreds of new mixed income housing units are expected because of the upzoning planned for in the City’s Housing Element. This is also where the proposed DocuSign Envelope ID: D16F72E0-A1F0-47B9-BE82-68935D932098
8.A.f
Packet Pg. 393 Attachment: Attachment F - Letter_from_Planning_Commission_to_City_Council_proposing_amendments_to_the_Housing_Element_1-23-23 6 Replacement Site is situated. This aggressive development scenario will maintain the cultural and economic diversity in the Pico Neighborhood, while adding a robust program of new housing choices adjacent to transit.
Conclusion
The Neighborhood Commercial District zones support Santa Monica’s most diverse communities with locally owned, legacy businesses that have been serving their neighborhoods for decades. Many of these businesses are minority owned. These businesses include laundromats, shoe repair shops and affordable grocery stores, restaurants, and family entertainment options The Venice Family Clinic is located in the NC District of Pico Boulevard. Its displacement would eliminate affordable health care for the many lower income families in the community. NC areas define “community” for many current and future residents of Santa Monica at all income levels. Business owners are also neighbors who often know their customers by name. They provide daily neighborhood gathering opportunities, support for neighborhood organizations and schools, and job opportunities for local youth and Santa Monica College students.
Affirmatively Furthering Fair Housing requires a holistic approach to meeting housing needs and providing neighborhood-serving and affordable businesses, employment opportunities, and the kind of community cohesion that ensures safe and vibrant places for people at all income levels in Santa Monica. The city’s Neighborhood Commercial districts on Main Street, Pico Boulevard, Montana Avenue and Ocean Park Boulevard provide these opportunities. The Commission believes that protecting these resources is consistent with AFFH objectives.
Sincerely,
Jim Ries, Chair
DocuSign Envelope ID: D16F72E0-A1F0-47B9-BE82-68935D932098
8.A.f
Packet Pg. 394 Attachment: Attachment F - Letter_from_Planning_Commission_to_City_Council_proposing_amendments_to_the_Housing_Element_1-23-23 Approved Projects
Project
ID Address Street ZONING
Site
Size FAR Stories
Market
Rate
Units SRO
Affordable
Housing
Total
Units
Affordability % studio
1 bed
2 bed
3 bed
18ENT-
0283 1323 5th St NV 7.496 3.50
6 8 359 52 20%/15%* 41722
19ENT-
0041 1338
-1342 5th St NV 14.985 3.506 20 80 20 120 20%/15%* 94 16 64 19ENT-
0042 1415
-1423 5th St TA 14.961 4.008 32 79 23 134 20%/15%* 93 27 86 18ENT-
0211 1425
-1427 5th St TA 15 4.008 92 92 25% 60 18 14
19ENT-
0039 1437 5th St TA 7.489 4.00
8 14 38 11 63 20%/15%* 46 10
43 16ENT-
0143 1313
-1325 6th St NV 15 3.106 64 64 11%
9 32 13 10
19ENT-
0040 1437 6th St NV 7.5 3.50
6 35
89 52 20%/15%* 41722
18ENT-
0200 1238 7th St NV 7.486 3.50
6 37 37 100% 24
85 21ENT-
0027 1448 7th St NV 7.5 3.50
5 15
5 20 25%8 12
18ENT-
0212 1514 7th St TA 7.493 4.00
8 50 50 100% 33 10
7 18ENT-
0210 1543
-1547 7th St TA 14.962 4.008 75 25 100 25% 65 20 15
18ENT-
0206 1557 7th St TA 7.481 4.00
8 14 35 10 59 20%/15%* 41 11
43 21ENT-
0269 1634 20th IC 19.8 3.95
7 78 78 100% 38 21 19
18ENT-
0229 501 Broadway TA 14.975 4.00
8 75 19 94 20% 61 19 14
20ENT-
0241 710 Broadway TA/LT 4.0/2.75 4.0/2.75
8 196 84 280 30% 42 107 103 43
18ENT-
0199 601
-609 Colorado Ave TA 22.5 4.008 104 36 140 25% 91 28 21 18ENT-
0129 711 Colorado Ave TA 7.48 4.00
7 56 56 100% 24 26
6 17ENT-
0297 1707 Cloverfield BTV 74.065 1.85
4 58
5 63 8%8 28 16 11
20ENT-
0011 1512 Euclid St MUBL 7.5 1.45
3 82 10 11%
16ENT-
0102 1318 Lincoln Blvd MUB 14.982 2.25
5 39
4 43 8%2 25 106
20ENT-
0048 1427
-31 Lincoln Blvd LT 15 2.255 24
6 30 20% 1785
8.A.g
Packet Pg. 395 Attachment: Attachment G - Summary of Pipeline Housing Projects (5610 : Housing Element 15ENT0266 1430-1444 Lincoln Blvd MUB 30 2.75 5 100 offsite 100 offsite 14 50 21 15 16ENT0098 1437-1443 Lincoln Blvd MUB 15.044 2.25 5 34 6 40 15% 1 22 9 8 11DEV014 1650-1660 Lincoln Blvd MUB 31.065 2.25 5 90 8 98 8% 2 60 22 14 16ENT0117 3030 Nebraska Ave MUC 74.185 1.42 4 174 9 183 5% 153 26 4 11DEV003 1133 Ocean Ave OT 190.9 2.60 8 60 offsite 60 offsite 15ENT0300 1828 Ocean Ave OF 45.12 1.81 4 67 16 83 15% 52 19 12 15ENT0297 1921 Ocean Front Walk OF 23.258 1.65 4 22 offsite 22 offsite 12 7 3 13DEV004 101-129 Santa Monica Blvd OT 82.5 2.95 8 75 25 100 25% 12 55 23 10 16ADM0050 2901-2907 Santa Monica Blvd MUBL 19.122 1.50 3 44 7 51 15% 49 2 20ENT0311 2906-2918 Santa Monica Blvd MUBL 28.309 2.25 4 79 9 88 8% 44 38 3 3 18ENT0182 1618 Stanford MUC 19.969 1.70 5 43 4 47 8% 6 23 10 8 Pending Projects
Project
ID Address Street ZONING
Site
Size FAR Stories
Market
Rate
Units SRO
Affordable
Housing
Total
Units
Affordability
% Studio
1 bed
2 bed
3 bed
22ENT0082 1553-1555 4th St TA 14.997 2.87 5 54 6 60 15% 32 28 22ENT0028 1302 6th St NV 18.4 3.50 6 73 7 80 9% 12 40 16 12 18ENT0136 1437 7th St NV 14.991 3.50 6 52 13 65 20% 4 38 13 10 18ENT0362 525 Colorado Ave TA 7.5 4.00 7 30 10 40 20%
22ENT0037 1527-1547 Lincoln Blvd LT 37.455 2.25 5 106 8 114 7% 13 64 21 16 22ENT0073 2601-2645 Lincoln Blvd MUBL 203.25 2.25 5 468 53 521 10% 91 229 201 0 22ENT0034 216-234 Pico Blvd MUBL 55.689 2.25 5 167 19 186 8% 89 64 33 0 22ENT0203 700 Santa Monica Blvd NV 15 3.50 5 45 15 60 25% 39 12 9
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Packet Pg. 396 Attachment: Attachment G - Summary of Pipeline Housing Projects (5610 : Housing Element 21ENT0261 825 Santa Monica Blvd GC 22.5 1.88 4 52 4 56 7% 1 42 11 2 22ENT0061 1801 Santa Monica Blvd GC 22.3 3.00 6 81 15 96 15% 17 56 23 22ENT0062 1819 Santa Monica Blvd GC 22.7 3.00 6 81 15 96 15% 19 54 23 0 22ENT0014 1902-1908 Wilshire Blvd MUB 22.5 2.25 5 71 offsite 71 offsite 10 34 16 11 22ENT0056 2025 Wilshire Blvd MUB 18.5 2.25 4 46 offsite 46 offsite 7 22 10 7 22ENT0170 2501 Wilshire Blvd MUB 30.8 2.25 4 71 offsite 71 offsite 12 38 16 12 22ENT0308 2600 Wilshire Blvd MUB 23.1 2.20 4 40 5 45 15% 24 17 4 21ENT0035 1101 Wilshire Blvd MUB 22.489 3.03 6 82 11 93 15% 73 20 22ENT0206 407 Colorado Ave TA 15 2.98 5 54 6 60 15% 32 28 22ENT0249 1524 7th St TA 15 4.00 9 170 43 213 20% 203 8 2 22ENT0012 2537 Lincoln Blvd GC 19.2 2.25 4 44 5 49 10% 15 18 16 21ENT0093 3025 Olympic MUC 68.6 2.30 6 306 39 345 11% 277 68 21ENT0228 1931 Wilshire Blvd MUB 25.5 2.25 5 51 9 60 15% 9 30 12 9 Under Construction Projects
Project ID
Address Street
ZONIN
G
Site
Size
FA
R
Storie
s
Mark
et
Rate
Units
SR
O
Affordab
le
Housing
Tota
l
Unit
s
Affordabili
ty %
Studi
o
1bdr
m
2bdr
m
3bdr
m
17ENT0275 1235 5th St NV 7.35 3.5
0 5 18 5 23 20% 2 13 5 3
19ENT0256 1348 10th St GC 5 1.0
0 2 1 0 1 0% 1
13DEV008 500 Broadway TA 67.5 4.0
0 7 249 offsite 249 offsite 35 123 66 25
17ENT0095 2225 Broadway MUBL 9.7 1.7
5 3 13 2 15 8% 2 6 2 3
17ENT0096 1450 Cloverfield MUBL 19.6 1.7
5 3 32 3 35 8% 4 16 8 6
12DEV017 1560 Lincoln Blvd MUB 37.5 2.7
3 5 80 20 100 20% 7 39 44 10
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Packet Pg. 397 Attachment: Attachment G - Summary of Pipeline Housing Projects (5610 : Housing Element 16ENT
-
0035
2903-
2931 Lincoln Blvd GC 32.27 7
1.84 4 43
4 47 8%6 19 157
18ENT-
0038 2822 Santa Monica Blvd MUBL 28.48 7
1.75 3 46
4 50 8%6 24 128
16ENT-
0115 601
-611 Wilshire Blvd MUB 14.95 2
2.25 4 37
3 40 8%5 2096
19ENT-
0028 2729 Wilshire Blvd MUB 7.5 1.25
2 819 8%9
18ENT-
0244 3223 Wilshire Blvd MUB 19.5 2.25
4 49
4 53 8%8 26 118
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Packet Pg. 398 Attachment: Attachment G - Summary of Pipeline Housing Projects (5610 : Housing Element CITY ATTORNEY’S OFFICE MEMORANDUM
TO: Mayor, Mayor Pro Tem, Councilmembers, City Manager
FROM: David Martin, Director of Community Development
Jing Yeo, Planning Manager, Community Development
Doug Sloan, City Attorney
Susan Cola, Assistant City Attorney
Heidi von Tongeln, Chief Deputy City Attorney, Advisory Unit DATE: January 22, 2023
RE: AB 2011
Assembly Bill No. 2011 (Chapter 647, Statutes of 2022)(“AB 2011”) is a new state housing law that: (i) added new annual reporting requirements; (ii) added enforcement authority for violations of state housing laws enacted in 2022; and (iii) added new development rights for housing developers under the “Affordable Housing and High Road Jobs Act of 2022”.
I. New Reporting Requirements
AB 2011 added new requirements to the City’s annual report to the California Department of Housing and Community Development (“HCD”), including (i) progress on meeting the City’s share of regional housing needs for extremely low income households, (ii) the number of housing applications received in the prior year and whether each application was subject to a ministerial or discretionary approval process, (iii) the number of units of housing demolished; and (iii) information tracking the number of development applications submitted under the Affordable Housing and High Road Jobs Act of 2022. (Cal. Gov’t Code § 65400)
This bill also gave HCD new authority to determine that the annual progress report is deficient within 90 days of receipt and provides the City with 30 days to cure the deficiency.
II. New Enforcement Authority for Violations of New State Housing Laws AB 2011 gave additional authority to HCD to notify the California Attorney General of violations of new state housing laws, including (i) the failure to submit a compliant annual report to HCD after notice and opportunity to cure, (ii) imposing mandatory parking minimums contrary to specified laws, and (iii) violation of the Affordable Housing and High Road Jobs Act of 2022. (Cal. Gov’t Code § 65585)
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Packet Pg. 399 Attachment: Attachment H - Memo to Councilmembers regarding AB 2011 (5610 : Housing Element Implementation (120 mins)) AB 2011