City of Santa Monica
City Council Meeting
AGENDA
GLEAM DAVIS
MAYOR
PHIL BROCK LANA NEGRETE
COUNCILMEMBER MAYOR PRO TEM
CHRISTINE PARRA CAROLINE TOROSIS
COUNCILMEMBER COUNCILMEMBER
JESSE ZWICK OSCAR DE LA TORRE
COUNCILMEMBER COUNCILMEMBER
DAVID WHITE
CITY MANAGER
DOUGLAS SLOAN
CITY ATTORNEY
DENISE ANDERSON-WARREN
CITY CLERK
STANDARDS OF BEHAVIOR THAT PROMOTE CIVILITY AT ALL PUBLIC MEETINGS:
• Treat everyone courteously; • Give open-minded consideration to all viewpoints; • Listen to others respectfully • Focus on the issues and avoid personalizing debate; • Exercise self-control • Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive public process, and tools for forging sound decisions
Regular meetings are broadcast live on CityTV cable channel 16 and on the internet at santamonica.gov. Cable television re-broadcasts air on Thursday and Saturday at 11:30 AM. The agenda will air on CityTV on Saturday and Sunday at 11:00 AM and 6:00 PM, and on Monday and Tuesday at 12:30 PM and 6:00 PM.
City of Santa Monica Generated: 4/11/2023 6:39 PM Page 2
RULES OF ORDER FOR THE CONDUCT OF CITY COUNCIL MEETINGS (Resolution No.11494(CCS))
WAYS TO PROVIDE PUBLIC COMMENT
If you are interested in providing public comment at a City Council meeting, there are several ways to participate:
(1) Written public comment. In lieu of oral public comment, the public is strongly encouraged to submit written public comment on agenda items via email to [email protected]. Written public comment submitted before 12:00 pm on the day of the meeting will be available for online viewing. Please note the agenda item number in the subject line of your written comments. (2) Oral public comment. Persons wishing to address the City Council regarding items on the agenda must be present and submit their name and address (optional) to the City Clerk before the public comment section is opened for that item or before the public hearing is opened where one is required by law. Register to speak at the Speaker Kiosk prior to the meeting. Remarks from the public are limited to a total of 6 minutes per City Council meeting, with a maximum of 2 minutes and a minimum of one minute per item. Except for the author of the request, public comment on 15-items are limited to 1 minute. Except on Public Input, speakers appearing at the meeting in person, may donate 2 minutes to another person present in-person at the meeting, who may speak for a total of 4 minutes on that item.
Both the donor of time and the designated speaker must register at the Speaker Kiosk in person together.
Oral public comment from any one individual is limited to a total of 6 minutes per City Council meeting, with a maximum of 2 minutes per agenda item; under some circumstances, Council may change the maximum to 1 minute per agenda item.
ORDER OF BUSINESS (may not be changed except by majority vote of the City Council.)
1. General Public Input
(members of the public may address the City Council
only on items not on the agenda, but within the
subject matter jurisdiction of the City).
2. Public Comment for Closed Session, Special
Agenda, and Consent Calendar Items Only
(Commendations and Proclamations presented).
3. Closed Session.
4. Special Agenda Items (City Manager’s Report,
Presentations, etc.).
5. Consent Calendar (All items considered in one
motion unless removed by a City Councilmember for
discussion. Public comment shall be heard prior
to City Council discussion).
6. Public Comment on remaining Agenda Items
7. Study Session.
8. Continued Items.
9. Administrative Proceedings.
10. Ordinances:
• 1
st Reading
• 2
nd Reading
11. Staff Administrative Item.
12. Public Hearings.
13. Reports of Boards and Commissions.
14. Resolutions.
15. Written Communications (other than
Reports of Commission and Officers).
16. Councilmember Discussion Items.
Agendas and reports are accessible on the City's webpage at smgov.net/council/agendas. They are also available at the City Clerk's Office and in alternate formats upon request. For a free email subscription to the City Council Agendas, please contact the City Clerk’s Office at (310) 458-8211 or [email protected].
Si desea comunicarse con alguien en español, llame a nuestra oficina al (310) 458-8211 y pida hablar con Esterlina Lugo.
City of Santa Monica Generated: 4/11/2023 6:39 PM Page 3
AGENDAS
CITY OF SANTA MONICA
SPECIAL MEETING
CITY HALL COUNCIL CHAMBERS
1685 MAIN STREET, ROOM 250,
WEDNESDAY, FEBRUARY 22, 2023
MEETING BEGINS AT 6:00 PM
HOW TO PROVIDE WRITTEN PUBLIC COMMENT:
Written public comment can be submitted via email to [email protected].
Written comments received prior to 12:00 pm on the day of the meeting will be available online. Please note the agenda item number in the subject line of your written comments.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
(This is a special City Council meeting. Public comment is restricted to only items listed on the agenda.)
1. PUBLIC INPUT (NON-AGENDA ITEMS)
. Public input under this item will not be heard at this meeting. This is a special meeting and public input is limited to agenda items only.
2. PUBLIC INPUT (AGENDA ITEMS UNDER CLOSED SESSION, SPECIAL AGENDA
ITEMS, CONSENT CALENDAR ONLY)
3. CLOSED SESSIONS
No items
4. SPECIAL AGENDA ITEMS
No items
5. CONSENT CALENDAR
(All items will be considered and approved in one motion unless removed by a Councilmember for discussion. In accordance with Charter section 615, the adoption of all City of Santa Monica Generated: 4/11/2023 6:39 PM Page 4 ordinances and resolutions shall be by reading of title only unless a Councilmember present dissents.)
No items
6. PUBLIC INPUT ON REMAINING AGENDA ITEMS
. All Public Comment on the Housing Element was heard at the February 14th meeting.
7. STUDY SESSION
No items
8. CONTINUED ITEMS
8.A. Study Session on Implementation of 6th Cycle (2021-2029) Housing Element Programs - CONTINUED ITEM. PUBLIC INPUT HEARD ON 2/14/2023.
Recommended Action
To ensure that the City of Santa Monica remains in compliance and consistent with its approved 6th Cycle Housing Element of the City’s General Plan, staff recommends that the City Council discuss and provide direction on the policy questions presented in this report regarding the Planning Commission’s recommended amendments to the following:
• Land Use and Circulation Element of the General Plan; • Bergamot Area Plan;
• Downtown Community Plan, and
• The City of Santa Monica Comprehensive Zoning Ordinance, Santa Monica Municipal Code Chapters 9.01 to 9.52,
City Council is also being asked to discuss and provide direction on the following:
• Amendments to the General Plan Land Use Designation Map and the Official Zoning Map for Consistent Designation of Parcels;
• Amendments to the Zoning Ordinance for Consistency with State Law Updates related to Housing Production and Minimum Parking Requirements; and
• Minor Clarifying Amendments to the Zoning Ordinance.
ADJOURNMENT
Agendas and reports are accessible on the City's webpage at www.smgov.net/council/agendas. They are also available at the City Clerk's Office and in alternate formats upon request. For a free email subscription to the City Council Agendas, please contact the City Clerk’s Office at (310) 458-8211 or [email protected].
Members of the public unable to attend a meeting but wishing to comment on an item(s) listed on the agenda may submit written comments prior to the meeting by meeting by mailing them to: City Clerk, 1685 Main Street, Santa Monica, CA 90401 or to [email protected]. Written comments received from the public by 2 PM on the day of the City Council meeting will be distributed to the City Council prior to the City of Santa Monica Generated: 4/11/2023 6:39 PM Page 5 meeting and posted online.
City Hall and the Council Chamber are wheelchair accessible. If you require any special disability related accommodations to either attend or provide public testimony at a Council meeting (i.e. sign language interpreting, access to an amplified sound system, remote option, etc.), please contact the City Clerk’s Office at (310) 458-8211 or TDD: (310) 917- 6626 or via email at [email protected] at least 72 hours prior to the scheduled meeting. Best efforts shall be made to accommodate requests received after the 72-hour deadline. In the case of special meetings, requests should be submitted as early as possible, but no later than noon the day of the special Council meeting.
Si desea comunicarse con alguien en español, llame a nuestra oficina al (310) 458-8211 y pida hablar con Esterlina Lugo.
Santa Monica Blue Bus Lines #2, #3, #5, #9 and the EXPO Line serve City Hall. Parking is available on Main Street, on Olympic Drive, and in the Civic Center Parking Structure (validation free).
City Council
Report
City Council Meeting: February 22, 2023
Agenda Item: 8.A
1 of 55
To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Study Session on Implementation of 6th Cycle (2021-2029) Housing Element Programs
Recommended Action
To ensure that the City of Santa Monica remains in compliance and consistent with its approved 6th Cycle Housing Element of the City’s General Plan, staff recommends that the City Council discuss and provide direction on the policy questions presented in this report regarding the Planning Commission’s recommended amendments to the following:
• Land Use and Circulation Element of the General Plan; • Bergamot Area Plan;
• Downtown Community Plan, and
• The City of Santa Monica Comprehensive Zoning Ordinance, Santa Monica Municipal Code Chapters 9.01 to 9.52,
City Council is also being asked to discuss and provide direction on the following:
• Amendments to the General Plan Land Use Designation Map and the Official Zoning Map for Consistent Designation of Parcels;
• Amendments to the Zoning Ordinance for Consistency with State Law Updates related to Housing Production and Minimum Parking Requirements; and • Minor Clarifying Amendments to the Zoning Ordinance.
Summary
On October 14, 2022, the State of California’s Housing and Community Development Department (HCD) certified the City’s 6th Cycle Housing Element. The certified Housing Element represents the City’s commitment to implement the Housing Element programs. Council adoption of the amendments to the Land Use and Circulation Element (“LUCE”), Bergamot Area Plan (“BAP”), Downtown Community Plan (“DCP”), and Zoning Ordinance for consistency with the certified Housing Element is necessary
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to ensure that the City remains in compliance with State Housing Element Law. This first phase of Housing Element implementation focuses on the following programs necessary to ensure compliance with the Housing Element that are most relevant to housing production or are required for consistency with State law that is already in effect. The programs are grouped as follows:
Program Name Implementation
Deadline
Streamlined Process for Housing Projects
Program 1.A (By-Right Approvals for Housing Projects) 10/15/24 Program 1.B (Streamline the Architectural Review Process) 10/15/24 Rezoning for Housing
Program 1.F (Revise Downtown Community Plan Standards) 10/15/23 Program 1.J (Revising Development Standards for Housing Projects) 10/15/23 Program 2.C (Update the City’s AHPP - Part 1) 10/15/23
Program 2.D (Update Density Bonus Ordinance) 10/15/23
Program 4.A (Permit Multi-Unit Housing in Non-Residential Zones where Currently Not Permitted)
10/15/24
Special Standards to Encourage Housing Production
Program 1.C (Incentivize Housing on Surface Parking Lots in Residential Zones)
10/15/24
Program 2.A (Establish a Moderate-Income Housing Zoning Overlay) 10/15/24 Program 2.E (Affordable Housing on City-owned sites) 6/30/23 and ongoing
Program 4.B (Housing on Surface Parking Lots Owned by
Community Assembly Uses),
10/15/24
Program 4.C (Incentives for Additional ADUs in R1 Zones) 10/15/24 Consistency with State Law (Regardless of Implementation Deadline, the following are required for compliance with State Law already in effect) Program 1.D (Reduce Minimum Parking Requirements for Housing Projects) and Assembly Bill 2097 (“AB 2097”)
Program 1.G (Incentivize and Facilitate the Development of ADUs) Program 4.E (Incentives for SB9 Units in R1 Zones)
Senate Bill 478 (SB 478) FARs in Multi-Unit and Mixed-Use Zones Reconciliation of LUCE/Zoning Map Inconsistencies
State Density Bonus Law (Gov’t Code §§ 65915 et seq.)
SB 330/SB 8 - Housing Crisis Act of 2019 (Gov’t Code §§ 65941.1, 65943, 66300)
AB 2011 (“Affordable Housing and High Road Jobs Act of 2022” Housing Accountability Act (Gov’t Code § 65589.5) including Builder’s Remedy
Other state laws listed under Housing Element Law (Gov’t Code §65585(j))
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Under the adopted 6th Cycle Housing Element, the City committed to implementing Programs 1F, 1J, 2C and 2D no later than October 15, 2023, and committed to implementing the remaining programs listed above per their implementation deadlines.
Implementation of other Housing Element programs will be forthcoming in accordance with the timelines adopted in the Housing Element. This report presents the proposed amendments for the City Council’s review over one planned study session on February 14 (with public comment taken on all programs), that may be continued to February 22 in accordance with the following suggested schedule:
Date Discussion Topic
Streamlined Process for Housing Projects (1A, 1B)
February 14 • Definition of a Housing Project
• Streamlined Process for Housing Projects
• Streamlined Architectural Design Review
Rezoning for Housing (1F, 1J, 2C, 2D, 4A)
February 14 • Development Standards – Zoning Ordinance, DCP, BAP, LUCE
• Affordable Housing Production Program
• Density Bonus
Special Standards to Encourage Housing Production (1C, 2A, 2E, 4B, 4C) February 14 or
February 22 if
continued by vote
of City Council
• Moderate Income Housing Overlay
• Housing on Community Assembly Sites
• Housing on Residentially Zoned Surface Parking Lots
• Applicability of Zoning Ordinance for City-owned sites Consistency with State Law (1D, 1G, 4E)
February 14 or
February 22 if
continued by vote
of City Council
• SB9 & ADUs
• Parking and AB2097
• SB 478 – Zoning in Multi-Unit Residential Districts
• Reconciliation of LUCE/Zoning Map Inconsistencies
At its February 1, 2023 meeting, the Planning Commission voted 5-0 (2 absent) to recommend that the City Council adopt the proposed amendments with modifications outlined in adopted Resolutions of Recommendation. The Planning Commission’s recommendations have been fully incorporated into the redlines to the LUCE, BAP, DCP, and Zoning Ordinance attached to this report but policy questions are highlighted where staff is seeking confirmation on Council direction. More detail regarding the Commission’s recommendation is provided in the Background section of this report.
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As the Council reviews and discusses the redline amendments, policy questions have been raised regarding the implementation of certain programs listed above. These policy questions are highlighted because they differ from prior discussions with Council and staff would like to confirm policy direction. These questions are summarized as follows with further explanation associated with each respective program in this report:
1. Program 1.F (Revise Downtown Community Plan Standards) a. For consistency with development standards established for housing projects outside of Downtown, should the tier system in Downtown be eliminated for housing projects?
b. In light of public comments from housing developers and the Planning Commission expressing concern regarding project feasibility and State law parameters (AB1505) related to inclusionary requirements that exceed 20%, should the affordable housing requirement for Downtown housing project be lowered from 20% to 15% consistent with the remainder of the city?
2. Program 1.J (Revising Development Standards for Housing Projects) a. In addition to what is already required for Main Street and Montana Avenue, should ground floor commercial use also be required in the Neighborhood Commercial zones on Pico Boulevard and Ocean Park Boulevard?
3. Program 1.A (By Right Approvals for Housing Projects) a. For consistency with the remainder of the city, should the definition of a housing project in Downtown be amended to allow up to 33% nonresidential floor area? b. For consistency with the remainder of the city, should the definition of a “streamlined” housing project that is eligible for administrative approval in Downtown be amended to allow up to 25% non-residential floor area? c. Should the threshold for housing projects to qualify for the administrative approval process be increased from 90,000 square feet (sf) to any parcel over 1 acre, consistent with the remainder of the city?
4. Program 1.D (Reduce Minimum Parking Requirements for Housing)
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a. Expanding on AB 2097 and for ease of implementation, should minimum parking requirements be eliminated for all housing projects, alterations/additions to multiunit dwelling buildings, and Accessory Dwelling Units (ADUs) citywide, citywide except for R1 zones? b. Should parking maximums within ½ mile of transit and for housing projects outside of ½ mile of transit be eliminated outside of Downtown?
5. Program 2.A (Establish a Moderate-Income Housing Zoning Overlay “MHO”) a. The MHO Overlay was originally proposed to apply only to half-mile from the Expo Stations. Should the MHO Overlay be expanded citywide instead excluding R1 and OP1 zoning districts?
b. Should MHO Projects allow some percentage of market rate units?
6. Program 4.E (Incentives for SB9 units in R1 zones)
a. Should SB9 projects be incentivized through development impact fee waivers to include the Affordable Housing Fee, Transportation Impact Fee, Parks & Recreation Development Impact Fee, and Childcare Linkage Fee?
Background
Planning Commission Recommendation
The Planning Commission held a series of discussions regarding implementation of Housing Element programs on October 12, October 19, November 2, November 16, November 30, December 7, and December 14, 2022 and January 18, 2023. On February 1, 2023, the Planning Commission adopted resolutions to recommend amendments to the Land Use and Circulation Element of the General Plan, the Bergamot Area Plan, the Downtown Community Plan, and the City of Santa Monica Comprehensive Zoning Ordinance, Santa Monica Municipal Code Chapters 9.01 to 9.52 to implement the first phase of implementation of the 6th Cycle Housing Element programs noted above in the Summary.
As part of their recommendation, the Planning Commission also wanted to convey to Council concerns regarding the following issues that should be further studied:
• Maintenance of live/work units for artists;
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• Displacement protections in non-residential buildings for artists and others; • Storefront widths in the Neighborhood Commercial zone districts in order to promote small-scale, ground floor spaces; and
• Limitations on lot consolidation in the Neighborhood Commercial zone districts.
The Commission’s recommendation that Council amend the Zoning Ordinance, LUCE, DCP, and BAP for consistency with the 6th Cycle Housing Element was preceded by a robust discussion regarding whether rezoning the Neighborhood Commercial (“NC”) District as required by the Housing Element was necessary to meet the goals of the Housing Element and the need to protect commercial uses in the NC zones on Main, Montana, Pico and Ocean Park Blvd, which the Commission viewed as an Affirmatively Furthering Fair Housing (AFFH) issue. The Commission also had a robust discussion regarding further upzoning of a small portion of the Bergamot Area Plan area, which would increase the City’s overall housing capacity, as a tradeoff to potentially not upzoning the NC zone.
In a letter to the City Council dated January 23, 2023 (Attachment F), the Commission outlined its reasoning for seeking an amendment to the Housing Element to not rezone the NC zone. Commission did not ultimately vote to recommend that Council proceed with not upzoning the NC zone and upzoning a small portion of the Bergamot Area Plan, background of their discussion is provided in this report. Staff expressed concern regarding the Commission’s desire to recommend implementing in a manner that was not consistent with the certified Housing Element as it would expose the City to risk of falling out of compliance with its adopted Housing Element as early as October 2023. If the City were to fall out of compliance for failure to rezone as contemplated in Program 1J, the City would be subject to consequences and penalties under State law, including the option for developers to file applications for “builder’s remedy” projects, ineligibility of grant funding, vulnerability to litigation from third parties, and enforcement actions by the State, potentially resulting in substantial fines. In the course of the Commission’s discussion, the Commission inquired about the process to amend the Housing Element
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and thus, staff consulted with HCD staff who reviewed Santa Monica’s Housing Element to request guidance on:
• The process to amend the Housing Element; and
• How HCD would review any proposed Housing Element amendment.
The key points are summarized below but in summary, it appears that not rezoning the NC zone and further upzoning a portion of the Bergamot area beyond that already stated in the certified Housing Element would likely be rejected by HCD. HCD’s guidance is consistent with their review of prior drafts of the Housing Element (before certification) where staff was directed to remove language regarding flexibility to increase or decrease FAR/height in favor of actual commitments to rezoning. The development standard tables in Programs 1F and 1J of the Housing Element reflect those commitments and were approved by HCD.
Process to Amend the Housing Element
State law permits the City to submit a request to amend the Housing Element at any time. If the City submitted a request to amend the recently certified Housing Element, it would be subject to a seven-day notice period prior to submission to HCD and 60-day review period by HCD after submission. The City would retain its certified Housing Element status while the revised draft is being reviewed by HCD; however, any project applications that qualify as “housing development projects” under the Builder’s Remedy statute (Gov’t Code 65589.5(d)) may not be denied or conditionally approved to the extent that the City’s zoning code conflicts with the certified Housing Element. If HCD were to issue a favorable response to the request, the City would still be required to follow the process set forth in the Zoning Ordinance to formally amend the Housing Element. That process requires adoption of a Resolution of Intention, a public hearing before the Planning Commission on its recommendation to the City Council, and a public hearing before the City Council on formal adoption of the amendments.
Another factor to consider is whether, despite any amendments approved by HCD, developers still have by-right authority under AB 2011 (effective July 1, 2023) to develop
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housing in commercial zones. See Attachment H (Memo from City Attorney’s Office on AB 2011).
How HCD Would Review Potential Amendments to the Certified Housing Element It is staff’s understanding based on consultation with HCD, that HCD would focus on the proposed amendments, and not reconsider all aspects of the Housing Element. HCD would review the amendments through the lens of total housing capacity, distribution of housing capacity across the city, impacts on the Suitable Sites Inventory, and – most importantly – Affirmatively Furthering Fair Housing (“AFFH”). Notably, HCD emphasized that its review of any amendment to the Housing Element would not be solely about meeting the RHNA and total housing capacity. Opening new housing choices in high opportunity areas was a significant component of HCD’s review to determine the Housing Element’s compliance with AFFH requirements. This means that distributing housing capacity in areas where housing has historically not occurred (i.e. the northern and southern portions of the city, including Montana Avenue, Main Street, Ocean Park Boulevard) was an important component of HCD’s certification of Santa Monica’s Housing Element. Similarly, further upzoning of the Bergamot area beyond that already stated in the certified Housing Element, resulting in overconcentrating housing capacity in lower opportunity areas, such as the Bergamot area, would likely also raise AFFH concerns.
HCD has confirmed that in areas where housing is a permitted use, and particularly in areas where the City has committed to open up opportunities for housing, the floor area ratio (“FAR”) and height standards must be feasible. This means that keeping existing development standards in the NC, where housing is a permitted use and where the City has committed to open up opportunities for housing as part of its AFFH strategy, which have been shown to be infeasible, would not be allowed. Also, if housing were prohibited as a use in the NC zone, which is currently allowed under the City’s Zoning Ordinance, this could potentially be a violation of SB330’s prohibition on reducing the intensity of land use compared to development standards in place as of January 2018.
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Consequences of Not Implementing the Housing Element / Falling Out of Compliance If the City does not meet the implementation deadlines in the Housing Element, the City will be out of compliance and will not be able to be in compliance until rezoning is completed and subject to the consequences detailed below.
Consequences of Being out of Compliance in Short Term
Gov’t Code
Section
Trigger
Point Summary
Housing
Accountability
Act: 65589.5(d)(1)
& (5)(B)
“Builder’s
Remedy” projects
• Housing
Element is out
of compliance
• Projects with at least 20% affordable to
60% AMI or 100% Moderate could be
proposed in excess of zoning or general
plan maximums
• Conditions cannot render the project
infeasible
Housing funding
programs
dependent on
Housing Element
compliance
• Housing
Element is out
of compliance
• Ineligible for funding programs where the
City has previously been awarded
funding for affordable housing such as
Local Housing Trust Fund (LHTF) and
Permanent Local Housing Allocation
(PLHA)
• Others include Affordable Housing and
Sustainable Communities program
(AHSC), SB1, and SB2
Consequences in Long Term
Gov’t Code
Section
Trigger
Point Summary
Senate Bill 35
(65400, 65582.1,
65913.4)
• Starting with April 1, 2023
Annual Progress Report
(APR) to HCD,
determination by HCD
that Santa Monica has
not issued sufficient
building permits to meet
pro-rated RHNA for
market rate units and
lower-income units
• Determination typically
made in June reviewing
data from January 1 –
December 1, 2022
• Requires ministerial approval
(no public hearing) for
projects that include
minimum percentage of
affordability and meet SB35
preconditions
o If Above Moderate (i.e.
market-rate) RHNA not
met then projects with at
least 10% affordability
o If Lower Income RHNA
not met than projects with
at least 50% affordability
• City can only impose
objective standards, including
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Consequences in Long Term
Gov’t Code
Section
Trigger
Point Summary
for design review
The above table highlights primarily the City’s obligations to approve projects and potential impacts to funding for affordable housing but it should be noted that being out of compliance also means that the State can seek judicial relief in addition to imposing substantial penalties and fines. As part of the 2021-2022 State budget, HCD created a new Housing Accountability Unit to hold jurisdictions accountable for their housing element commitments and compliance with State housing laws, as detailed here.(https://www.hcd.ca.gov/community-development/accountabilityenforcement.shtml).
Overview of Housing Element Programs
The adopted 6th Cycle 2021-2029 Housing Element represents a statement of Santa Monica’s housing plan over the next eight years, and is built around four main principles:
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A key focus of the Housing Element programs is housing production, with substantial emphasis on affordable housing production, to meet Santa Monica’s Regional Housing Needs Allocation (RHNA) as mandated by Government Code Section 65584.05. The City’s 6th Cycle RHNA for the next 8 years is 8,895 units, of which 69% are to be affordable units.
Table 1: Santa Monica’s 6th Cycle RHNA
Income Category RHNA Target
(# units)
% of
RHNA
Very Low 2,794 31%
Low 1,672 19%
Moderate 1,702 19%
Above Moderate 2,727 31%
Total 8,895 100%
In addition, the Housing Element applies an equity lens to housing production and establishes a suite of programs to satisfy Affirmatively Furthering Fair Housing (AFFH) requirements. Implementation of the Housing Element is being conducted in phases.
The first phase of implementation includes the following programs, which can be organized into 4 general categories:
Streamlined Process for Housing Projects
• Program 1.A (By-Right Approvals for Housing Projects) • Program 1.B (Streamline the Architectural Review Process) Rezoning for Housing
• Program 1.F (Revise Downtown Community Plan Standards) • Program 1.J (Revising Development Standards for Housing Projects) • Program 2.C (Update the City’s AHPP - Part 1)
• Program 2.D (Update Density Bonus Ordinance)
• Program 4.A (Permit Multi-Unit Housing in Non-Residential Zones where Currently Not Permitted)
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Special Standards to Encourage Housing Production
• Program 1.C (Incentivize Housing on Surface Parking Lots in Residential Zones) • Program 2.A (Establish a Moderate-Income Housing Zoning Overlay) • Program 2.E (Affordable Housing on City-owned sites)
• Program 4.B (Housing on Surface Parking Lots Owned by Community Assembly Uses),
• Program 4.C (Incentives for Additional ADUs in R1 Zones) Consistency with State Law
• Program 1.D (Reduce Minimum Parking Requirements for Housing Projects) and Assembly Bill 2097 (“AB 2097”)
• Program 1.G (Incentivize and Facilitate the Development of ADUs) • Program 4.E (Incentives for SB9 Units in R1 Zones)
• Senate Bill 478 (SB 478) FARs in Multi-Unit and Mixed-Use Zones • Reconciliation of LUCE/Zoning Inconsistencies
• State Density Bonus (Gov’t Code §§ 65915 et seq)
• SB 330/SB 8 - Housing Crisis Act of 2019 (Gov’t Code §§ 65941.1, 65943, 66300)
• AB 2011 (“Affordable Housing and High Road Jobs Act of 2022” • Housing Accountability Act (Gov’t Code § 65589.5) including Builder’s Remedy • Other state laws listed under Housing Element Law (Gov’t Code §65585(j)) The following provides a summary of these Housing Element programs and describes what the proposed amendments to LUCE, DCP, BAP, and Zoning Ordinance would do.
The detailed redline changes to the LUCE, DCP, BAP, and Zoning Ordinance are included as Attachments A-D.
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Streamlined Process for Housing Projects
Program 1.A By-Right Approvals for Housing Projects
Overview of Program: Uncertainty presented by a discretionary approval process is a factor in whether to move forward with housing projects in light of other risks that are out of the City’s control including land costs, construction costs, and lender requirements.
On March 10, 2020, the City Council adopted an emergency Interim Zoning Ordinance (“IZO”) authorizing 100% affordable housing projects and Tier 2 housing projects compliant with the HAA, to be reviewed and approved without a public hearing through an Administrative Approval process. On January 25, 2022, Council voted to extend the interim regulations, with the limitation that Tier 2 housing projects are administratively processed if they are located on parcels of up to 43,560 sf (one acre). Program 1.A would establish the by-right process for housing projects as set forth in the IZO on a permanent basis, with the intent of achieving the City’s RHNA target and at minimum, the Quantified Objectives in the Housing Element. This program ensures that certain qualifying housing projects are streamlined for administrative by-right approvals.
Where the proposed amendments are: Chapter 9.39, Administrative Approval, and Chapter 9.40 Development Review Permit, of Zoning Ordinance; Chapter 9.10.050 Application Thresholds Table of the Downtown Community Plan What the proposed amendments would do:
➢ As a result of the proposed amendments, the following projects would be subject to an administrative review process:
• 100% affordable housing projects;
• Moderate Income Housing Overlay projects;
• Housing project providing at least 20% affordable units onsite located on a nonvacant site that was identified in the 5th Cycle (2013-2021) Housing Element suitable sites inventory.
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• Streamlined housing projects on a parcel less than 43,560 sf (one acre), including those that are granted modifications and waivers, consisting of any of the following:
A. Residential units only
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
C. Transitional or supportive housing
➢ Make permanent the interim administrative process for housing projects, including a community meeting requirement prior to submitting an application and posting of decision within 14 days.
Definition of “Housing Project” and “Streamlined Housing” Project The proposed amendments include a new definition of “Housing Projects” consistent with how the Housing Accountability Act (HAA) defines a housing project as outlined below:
A. Residential units only
B. Mixed use developments consisting of residential and non-residential uses with no more than 33% of the square footage designated for non-residential use, or C. Transitional or supportive housing
A Housing Project is entitled to the new development standards in the certified Housing Element as established in Programs 1F and 1J.
Note that this is different from a new proposed local definition of a “Streamlined Housing Project” which limits non-residential uses to no more than 25%. This streamlined definition was adopted by Council on August 25, 2020, for the Downtown Community Plan, and serves as an extra requirement for housing providers to include a higher percentage of residential use in a project in order to qualify for an administrative approval process.
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Housing projects meeting the definition of a “Streamlined Housing Project” would be reviewed through an administrative process. It should be noted that housing projects that do not meet the streamlined housing project definition (i.e., nonresidential development exceeds 25%) but are compliant with the HAA (i.e. housing projects with nonresidential uses not exceeding 33%) would still receive HAA protections and other incentives such as increased height/FAR, but instead would be processed through a discretionary development review permit. This means that the City’s discretionary review body (Planning Commission or City Council, on appeal) would have little ability to disapprove a housing project with non-residential square footage above 25%.
Attachment E provides a summary of the kinds of requirements that apply to different types of housing projects.
Policy Questions for Council:
• For consistency with the remainder of the city, should the definition of a housing project in Downtown be amended to allow up to 33% non-residential floor area?
• For consistency with the remainder of the city, should the definition of a “streamlined” housing project that is eligible for administrative approval in Downtown be amended to allow up to 25% non-residential floor area? The DCP was adopted in 2017 with a singular definition of “housing project” limiting non-residential uses to no more than 25% of a project’s floor area. At the time, this unique definition was intended to spur housing development in Downtown by incentivizing projects to include more housing in order to qualify for an administrative process. Downtown housing projects also received greater FAR and height over commercial development. Subsequent to the adoption of the DCP, Council initially adopted an IZO that expanded the administrative process for housing projects in the Downtown to the remainder of the city. However, in order to qualify for an administrative process, housing projects in the remainder of the city could have up to 33% non-residential uses. This created an inconsistency between housing projects in
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the Downtown and remainder of the city. As a result, the proposed amendments seek to harmonize this inconsistency by:
• Creating a definition of “housing project” consistent with State law that allows up to 33% non-residential uses and qualifies a housing project for greater FAR and height
• Creation a definition of “streamlined housing project” that allows up to 25% nonresidential uses and qualifies a housing project for an administrative process Policy Question for Council:
• Should the threshold for housing projects to qualify for the administrative approval process be increased from 90,000 square feet (sf) to any parcel over 1 acre, consistent with the remainder of the city?
On August 25, 2020, the Council voted to amend the Downtown Community Plan to allow Tier 3 housing projects to be processed by Development Review Permit instead of Development Agreement. The threshold was established at 90,000 sf, which equates to a 22,500 sf parcel (based on the maximum 4.0 FAR).
The Planning Commission recommends that for consistency and ease of implementation, the current Downtown processing threshold of 90,000 sf in project size should be changed to the 1-acre parcel size to match the rest of the City.
This would mean allowing administrative approval for housing projects on parcels of less than 1 acre in Downtown. For housing projects on parcels of more than 1 acre, a Development Review Permit would be required.
Staff conducted analysis to determine the effects of modifying the processing threshold to 1 acre in the Downtown. There are 21 parcels in the Downtown that are 1 acre or more – however, none of these are on the Suitable Sites Inventory and all appear to be unlikely to be redeveloped, have existing entitlements already, or are City-owned as shown in the table below.
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Table 2: Downtown Parcels 1 acre or more
Address Use # Parcels ≥ 1 acre
395 Santa Monica Place Santa Monica Place 5
1133 Wilshire Miramar Hotel (redevelopment
project approved)
1 702-710 Wilshire Proper Hotel 1
500 Broadway Mixed Use Under Construction 1
710 Broadway Vons (approved project,
construction in process)
1 302 Colorado Former Sears building 1
1333 6th Street Santa Monica YMCA 1
1216 2nd Street Church 1
1653 7th St USPS 1
5 th/Colorado Big Blue Bus Yards 6
4 th/Colorado City Expo LRT Station Site 1
1211 6th Street SGI building 1
# Parcels ≥ 1 acre in Downtown 21
In addition, there are no consolidated sites (i.e., combination of parcels) that are 1 acre or more in the Downtown listed in the Suitable Sites Inventory. Based on staff’s analysis, it is improbable that a housing project in the Downtown would meet the 1-acre threshold criteria.
Staff disagrees with the Planning Commission recommendation due to absence of policy direction from the City Council to establish a citywide 1-acre limit. Because there are no 1-acre parcels in Downtown that would have a high probability to be redeveloped for housing projects, Staff recommends keeping the existing streamlined processing threshold in place since a 22,500 sf parcel in Downtown would be comparable to a 1- acre site for the rest of the city.
Program 1.B: Streamline the Architectural Review Process Overview of Program: This program in the Housing Element commits the City to adopting new streamlining procedures, which would allow staff level design review for smaller housing projects and expedited design review of larger housing projects by shifting the design review process to before or concurrently with entitlement issuance.
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The intent of this program is to reduce processing timelines and increase certainty for housing providers.
Where the proposed amendments are: Chapter 9.55 Architectural Review, of Zoning Ordinance
What the proposed amendments would do:
Proposed Process
➢ For Development Review Permit applications, formal design review would occur prior to Planning Commission review for all Development Review Permit Applications. This will create a more efficient and predictable process while maintaining high quality design.
➢ For Administrative Approval (AA) projects, ARB review would occur concurrent with entitlement review. The proposed front-loading of design review would provide the ARB and members of the public the best opportunity to provide input while streamlining the process for the development team, resulting in an expedited process for housing production. In the instance of housing projects that qualify for administrative approval, ARB approval would be allowed to occur if: 1) the project has had one formal ARB hearing; 2) the applicant has submitted revisions in response to the ARB comments; and 3) the project complies with all objective standards. In this instance, it would make sense to issue the Administrative Approval determination and allow the design review process to continue. ➢ For every project the ARB reviews, a statement of official action (“STOA”) will record the decision. If the ARB approves the design for a project that is subject to Planning Commission review and approval, the ARB STOA would be attached to the Planning Commission STOA. The STOA for the ARB’s decision for a project subject to AA review/approval would be attached to the entitlement.
➢ Modify the project thresholds to allow for administrative design approvals of:
• New buildings that:
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o Do not exceed 10,000 square feet for multiple-unit dwelling projects located in residential and Ocean Park zoning districts
o Do not exceed 7,500 square feet for all other projects, including commercial. • New landscaping less than 1,000 square feet in area visible from the public right of way
Rezoning for Housing
Program 1.F: Revise the Downtown Community Plan Development Standards to Support Housing Projects
Overview of Program: The DCP was adopted in 2017 with a primary focus on producing housing units at a range of sizes and affordability levels. Building from the LUCE, the DCP established a 3-tier system for development and provided both development and process incentives for housing projects through greater FARs relative to commercial development. The tier system originated in the LUCE and was based on the principle that increased development capacity granted by the City results in increased land values. A tiered land use system would allow the City to capture some of the increased land value through a community benefits system. The tier system creates a base tier of FAR and building height with voluntary upper tiers where an applicant could request additional FAR and height in exchange for providing community benefits such as increased affordable housing and augmented impact fees. FARs/heights for housing projects vary for each district in consideration of context and range from 1.5/39 ft for Tier 1 to 4.0/84 ft for Tier 3. The DCP also eliminated minimum parking requirements.
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Program 1.F calls for modifying development standards in the DCP to ensure they are set at levels that can support the minimum AHPP requirements and to support feasible housing projects. The Housing Element commits the City to establishing minimum FARs/heights that range from 2.75/60 ft at Tier 1, 3.0/3.5 and 65-70 ft at Tier 2, and
4.0/84 ft at Tier 3.
Where the proposed amendments are: Table 4.2, Development Standards, of the Downtown Community Plan
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What the amendments would do:
Heights/FAR
➢ Delete existing Downtown tier system and establish a single set of FAR/height standards for housing projects based on the standard from the highest available Tier (either Tier 2 or Tier 3). Selection of the higher standard would ensure that there would be no conflict with the adopted Housing Element.
➢ Increase FAR/height in the Wilshire Transition (WT) zoning district to 3.25 and 70 feet, respectively, for consistency with the rezoning occurring on the rest of Wilshire Boulevard in the MUB zone
Table 3: Downtown Community Plan Districts - Development Standards DCP Zone
Existing
Tier 1
w/Housing
Existing
Tier 2
w/Housing
Existing
Tier 3
w/Housing
NEW Housing Project
Standards
15% On-site/ 20% Offsite Mixed Income
FAR Height FAR Height FAR Height FAR Height
LT (east) 1.50 39' 2.25 50' - 3.00 65'
LT (west) 1.50 39' 2.75 60' - 3.00 65'
NV 2.25 39' 3.50 60' - 4.00 84'
BC (promenade) 2.25 39' 2.75 60' - 3.00 65'
BC (2nd and 4th) 2.25 39' 3.50 60' - 3.50 70’
TA 2.25 39' 3.50 60' 4.00 84' 4.00 84'
OT 2.25 39' 2.75 50' - 3.00 65'
WT 1.50 39' 2.25 50' - 3.25 70’
Policy Question for Council:
• For consistency with development standards established for housing projects outside of Downtown, should the tier system in Downtown be eliminated for housing projects?
Staff initially proposed that the tier system of FARs/heights be retained in the Downtown Community Plan area in order to avoid an inconsistency with SB330’s prohibition on downzoning. After further review, staff is now recommending elimination of the Tier
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system for housing projects in the DCP area (with the tier system remaining for nonhousing projects) for the following reasons:
• Proposed Tier 1 FARs/Heights in the DCP would be the lowest in the City in comparison to the Commercial and Mixed-Use Districts and Employment Districts. This is inconsistent with the City’s long-standing vision that the Downtown has the greatest density and diversity of uses, particularly housing. • Elimination of the tier system for housing projects would simplify implementation of State Density Bonus and entitlement processes for housing projects in the Downtown and would increase consistency for housing projects throughout the City.
• Retaining the tier system in Downtown would likely create greater incentive for applicants to utilize Tier 1 FAR/heights with State Density Bonus rather than pursuing Tier 2 or Tier 3 standards.
• This revised approach would be generally consistent with the Commission’s direction to increase FARs/Heights in areas in close proximity to transit.
Active Ground Floor Design/Use
➢ Except in the Bayside Conservation (BC) district where active ground floor uses would be required, housing projects are not required to provide ground floor commercial.
Requirements Applied to Multiple-Unit Dwelling Projects ➢ For consistency, there would be uniform standards applied to multiple dwelling unit projects throughout the City (including the Downtown). These standards include unit mix requirements to encourage larger, family-size units and are discussed in Program 1.J below.
Affordability Requirements
➢ Eliminate the Downtown’s current sliding scale of affordability requirements based on height and establish a 15% on-site inclusionary requirement, or 20% for off-site
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units, to be evenly split amongst affordability levels (e.g., 5% to very low-income, 5% to low-income, 5% to moderate income).
Policy Question for Council:
• In light of public comments from housing developers and the Planning Commission expressing concern regarding project feasibility and State law parameters (AB1505) related to inclusionary requirements that exceed 20%, should the affordable housing requirement for Downtown housing projects be lowered from 20% to 15% consistent with the remainder of the city? Public comments and concerns have been expressed by housing developers and the Planning Commission regarding the feasibility of establishing a minimum 20% inclusionary requirement only in Downtown. Comments have cited changing market conditions (e.g. construction costs, land costs, interest rates) and the effects of Measure GS. Assembly Bill 1505 (“AB1505”) is a State law that took effect on January 1, 2018 and authorizes local jurisdictions to adopt an inclusionary housing ordinance. AB1505 also established parameters for HCD to review ordinances that require more than 15% inclusionary housing by requesting an economic feasibility study to ensure the ordinance does not unduly constrain the production of housing. In order to address these concerns and upon staff’s further review of AB1505, the proposed amendments recommend setting the inclusionary requirement in Downtown to 15%, consistent with the rest of the city.
As part of re-assessing feasibility, staff also reviewed the housing development pipeline to better understand whether existing conditions are creating challenges for housing production. Illustrating the different ways that individual developers are navigating the current market conditions, there continues to be a healthy pipeline of housing projects that are under construction, approved, or pending review. Many of these more recently approved and pending market rate housing projects are typically 5-6 stories, providing 15%-20% onsite affordable units – a positive indicator for the City’s housing market.
This pipeline represents development interest even before the substantial upzoning
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required by the certified Housing Element. A more detailed table showing housing pipeline projects is shown in Attachment G. Note that these totals represent typical market-rate, mixed income housing projects and do not include Builder’s Remedy projects, 100% affordable housing projects and projects in multi-unit residential districts.
Table 4: Current Pipeline Housing Projects
Under Construction Approved Pending Review
Affordable 46 573 283
Market Rate 576 1,661 2,144
Total 622 2,234 2,427
Program 1.J Revise Development Standards to Incentivize Housing Projects over Commercial Development
Overview of Program: This program calls for modifying development standards in the Zoning Ordinance and Bergamot Area Plan to ensure they are set at levels that can support the minimum AHPP requirements and to support feasible housing projects. The Housing Element commits the City to establishing minimum FARs/heights that range from 2.0/45 ft and 3.25/70 ft depending on the zone. As noted in the Housing Element, rezoning for this program cannot establish FARs/heights that are lower than shown in the adopted October 2022 Housing Element.
Table 5: Rezoning Mandated by Program 1.J: Development Standards Zone District
Existing Tier 1
(Non-Housing
Projects)
Existing
Tier 1 Housing
Projects
Existing Tier 2
Housing Projects
PC Recommendation
Housing Project Standards
FAR Height FAR Height FAR Height FAR Height
Mixed Use Districts
MUBL – N. of I-10 1.25 2/32’ 1.50 3/36’ 1.75 36’ 3.25 70’ MUBL – Pico 1.25 2/32’ 1.50 3/36’ 1.75 36’ 2.00 45’
MUBL – Pico w. of
Lincoln 1.25 2/32’ 1.50 3/36’ 1.75 36’ 2.50 55’
MUBL – Lincoln 1.25 2/32’ 1.50 3/36’ 1.75 36’ 2.50 55’
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Zone District
Existing Tier 1
(Non-Housing
Projects)
Existing
Tier 1 Housing
Projects
Existing Tier 2
Housing Projects
PC Recommendation
Housing Project Standards
FAR Height FAR Height FAR Height FAR Height
MUB 1.25 2/32’ 1.50 3/39’ 2.25 50’ 3.25 70’
GC (SMB) 1.00 2/32’ 1.25 N/A 1.50 35’ 3.25 70’
GC (Lincoln) 1.25 2/32’ 1.50 3/36’ 2.00 36’ 2.50 55’
GC (Pico) 1.25 2/32’ 1.50 3/36’ 2.00 36’ 2.00 45’
NC 1.25 2/32’ 1.50 2/32’ N/A N/A 2.25 50’
NC (Main) 0.75 2/27’ 1.00 2/27’ N/A N/A 2.50 55’
NC (Ocean Park) 0.75 2/32’ 1.00 2/32’ N/A N/A 2.50 55’
NC (Montana) 0.75 2/32’ 1.00 2/32’ N/A N/A 2.50 55’
Employment Districts
IC 1.00 2/32’ N/A N/A 1.75 3/45’ 3.00 65’
OC 1.50 2/32’ N/A N/A 1.75 3/45’ 2.75 60’
HMU 1.50 3/45’ N/A N/A 2.50 5/70’ 2.50 70’
Bergamot Area Plan
BTV 1.75 32’ 2.00 60' 2.50 75' 4.0 84’
MUC North of
Pennsylvania or
South of Expo
Bike path
1.50 32’ 1.70 47’ 2.20 75’ 3.25 70’
MUC 1.50 32’ 1.70 47' 2.20 57' 4.0 84’
CCS 1.50 32’ N/A N/A N/A N/A 2.50 55’
CCS - Parcels
bound by
Nebraska to
south,
Pennsylvania to
north, Berkeley to
east, and Stanford
to west
1.50 32’ N/A N/A N/A N/A 2.5 55’
CAC 1.00 32’ 1.00 60' 1.00 75' 2.50 55’
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In addition to FAR and height, Program 1.J states that the City shall review and modify, as necessary, standards and regulations that may be considered a constraint to housing production.
Where the proposed amendments are: Chapter 9.11 Mixed use and Commercial Districts, Chapter 9.24 Employment Districts, Chapter 9.31 Standards for Specific Use and Activities, and Chapter 9.23 Community Benefits of Zoning Ordinance What the amendments would do:
Heights/FAR
➢ Eliminate the tier system for Housing Projects in non-residential zones ➢ Establish increased feasible heights and FARs that would apply only to Housing Projects.
➢ To further incentivize affordable housing, 100% affordable housing projects are provided increased height/FARs over market rate housing projects Requirements Applied to Multiple-Unit Dwelling Projects ➢ Create new requirements applicable to multiple-unit dwelling projects. These standards are applicable to all projects that propose two or more dwelling units including:
• Unit Mix – To ensure that the City will continue to have an inventory of larger sized units for families, modify the unit mix requirements to the following:
Proposed Citywide Unit Mix Requirement
Market Rate Units
Three-Bedrooms Minimum 10%
Two-Bedrooms Minimum 10%
Studios Maximum 15%
• Require assessment and air quality design features where health hazards may exist for projects in proximity to I-10 freeway
• Replacement Requirements – Comply with applicable replacement requirements including Government Code 66300(d) and State Density Bonus law
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Other Development Standards Identified as Being a Barrier to Housing Production ➢ Maximum Ground Floor Height – Eliminate the 16’ maximum ➢ Maximum Building footprint – Apply the existing Tier 2 maximum allowable building footprint to housing projects
➢ Active Ground Floor Design/Use – Except on Main Street and Montana Avenue where active ground floor uses would be required and the Neighborhood Commercial zone districts on Pico Boulevard and Ocean Park Boulevard where residential and office uses would be prohibited, housing projects Citywide are not required to provide ground floor commercial. Additional revisions to provide clarity and ease of implementation.
➢ Daylight Plane – This standard is intended to regulate the massing of buildings in commercial zones adjacent to residential neighborhoods. The existing standard requires that buildings not project into a plane starting at 25 feet extending in at a 45-degree angle from vertical towards the interior of the site. The standard is being revised to increase the height at where it begins to 30 feet to be more consistent with the potential maximum height of adjacent residential uses. ➢ Outdoor living Area - Remove 20% rooftop open space limitation; Revise common outdoor living area dimensional standards for clarity and ease of implementation.
Community Benefits for Tier 2 and Tier 3 projects
➢ Would only apply to types of projects still subject to the tier system such as nonhousing projects in non-residential zones and housing projects in multi-unit residential zones
➢ Modify the requirements for Tier 2 projects to:
• Reduce the unit mix requirement to a minimum of 10% for 3 bedrooms, 15% for 2 bedrooms, and no more than 15% for studios
• Delete average bedroom factor consistent with the amendments on standards for multiple-unit dwelling projects
• Require the unit mix percentages for affordable housing units to correspond with the provided market rate units.
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Policy Question for Council:
• In addition to what is already required for Main Street and Montana Avenue, should ground floor commercial use also be required in the Neighborhood Commercial zones on Pico Boulevard and Ocean Park Boulevard? In prior discussions regarding requiring ground floor commercial, the Council has discussed providing more flexibility to allow ground floor residential units in housing projects. Thus staff proposed removing the requirement for ground floor commercial uses in all housing projects except for Main Street and Montana Avenue. The Planning Commission’s discussion regarding the desire to maintain small-scale commercial spaces in the Neighborhood Commercial zone led to the recommendation to also require ground floor commercial use on Pico Boulevard and Ocean Park Boulevard.
This would provide less flexibility for housing projects and thus, staff does not agree with the Planning Commission’s recommendation and is seeking the Council’s policy direction on this issue.
Program 4.A Permit Multi-Unit Housing in Non-Residential Zones Where Not Currently Permitted
Overview of Program: When the LUCE was adopted in 2010, its core growth strategy was to encourage housing in close proximity to major transportation systems, such as the Metro Expo Light Rail and transit corridors, and to protect the City’s residential neighborhoods by discouraging development that would result in displacement of tenants. The housing incentives were balanced with a plan to support the City’s economic base by incentivizing retention of existing commercial and industrial space in select areas of the City to support existing and growing businesses. This growth strategy has resulted in new housing production largely in the Downtown and some limited areas on the boulevards, but it has also perpetuated the historic patterns of housing segregation that remain to this day.
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Program 4.A is intended to promote the fair and equitable distribution of new housing opportunities across the City. Program 4.A would add multi-unit housing as a permitted use in areas where housing is currently prohibited – namely the Industrial Conservation (IC), Office Campus (OC) and Creative Conservation Sector (CCS) zoning districts.
Program 4.A also states that the City will amend the Zoning Ordinance, LUCE, and BAP to allow for higher maximum allowable FAR and height in areas that have historically not permitted or accommodated housing – including the Neighborhood Commercial (NC) zoning district.
Where the proposed amendments are: Chapter 9.11 Mixed Use and Commercial Districts, Chapter 9.24 Employment Districts, and Table 5.03(B) of Bergamot Area Plan What the amendments would do
➢ Include multiple-unit housing as a permitted use in the Office Campus (OC), Industrial Conservation (IC), and Conservation Creative Sector (CCS) districts.
Figure 1: Map of IC, OC, and CCS Zones
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➢ In the Zoning Ordinance for the Civic Center (CC) district, remove the existing restriction that permits housing only in mixed use projects. ➢ Establish Heights/FARs for housing in these zones where currently none exist ➢ Establish/revise development standards for housing projects in these zones, consistent with those in the Mixed-Use Districts, including the following:
• No Maximum Ground Floor Height
• Pedestrian-oriented design requirements
• Open space requirements
➢ Permit other land uses such as retail and restaurant uses that would encourage the creation of complete and supportive neighborhoods that serve new residents in the OC, IC, and CCS districts
Program 2.C Update the City’s Affordable Housing Production Program (AHPP) Overview of Program: The City’s AHPP was enacted in 1998 and requires developers of market-rate housing projects to contribute to affordable housing production. The current
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AHPP requires developers to select from a “menu of options” to contribute to the AHPP, with the percentage requirement varying depending on the affordability level of units provided. Program 2.C of the Housing Element states that the City’s AHPP program shall be amended to increase the number of affordable housing units at all income levels within market rate projects. The program ensures that at least 15% of all new multi-unit residential housing units are affordable to very low-, low-, and moderateincome households.
Where the proposed amendments are: Chapter 9.64, Affordable Housing Production Program, of Zoning Ordinance
What the proposed amendments would do
➢ Revise the thresholds by which on-site affordable housing units would be required as shown below.
Table 6: Existing AHPP Requirements
Number of
Units
Affordable
Housing Fee
On-Site Minimum
Requirement
Off-Site Minimum
Requirement
Rental
Projects: 2
units or more
Option Option of:
• 10% Very Low
Income; or
• 20% Low Income; or
• 100% Moderate
Income
Option of:
• 10% Very Low
Income; or
• 20% Low Income;
or
• 100% Moderate
Income
Ownership
Projects: 4 -
15 units
N/A Option of:
• 20% Moderate
Income ownership
units; or
• 20% Low Income
rental units; or
• 10% Very Low Income
rental units
25% more units
Ownership
Projects: 16
units or more
N/A Option of:
• 25% Moderate
Income ownership
units; or
• 25% Low Income
25% more units
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Number of
Units
Affordable
Housing Fee
On-Site Minimum
Requirement
Off-Site Minimum
Requirement
rental units; or
• 10% Very Low Income
rental units
Table 7: Proposed AHPP Requirements
Number of Units Minimum Requirement
0-5 units Pay the Affordable Housing Fee
6-19 units 15% affordable units for up to 80% AMI
20 units or more 15% affordable units with even distribution across 50% AMI, 80% AMI, and Moderate Income
➢ Remove the current “menu” option of affordability requirements and establish a 15% affordability requirement for rental and ownership projects throughout the city, including Downtown, with the affordable units distributed equally among all affordable income levels (50% AMI, 80% AMI, and moderate). The even distribution allows these projects to meet the City’s RHNA obligations across all affordable income levels.
➢ Off-site option (for projects with 20 units or more) would increase to 20% for both ownership and rental housing projects
• Greater flexibility for off-site inclusionary housing – specifically, allowing off-site affordable housing anywhere in the City except in areas where there are larger concentrations of affordable housing. Figure 9.64.060.A (Off-Site Affordable Housing Prohibition Area) of the Zoning Ordinance redlines in Attachment B shows where off-site affordable housing units cannot be located based upon existing concentrations of affordable housing. The map covers the area generally bound by the eastern City limit, Olympic Boulevard to the north, Lincoln Boulevard to the west, and Pico Boulevard to the south. The map captures all of the Pico neighborhood and parcels north of the I-10 freeway, which has the highest concentration of affordable housing and has historically been the most impacted from displacement pressures
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➢ Modify the unit mix percentage for affordable two- and three-bedroom housing units to be consistent with the unit mix percentage for the corresponding market rate units.
Program 2.D Update Density Bonus Ordinance to Ensure Consistency with State Law and Integration into the City’s Land Use System
Overview of Program: The State Density Bonus Law (California Government Code Section 65915) (“SDBL”) provides bonuses and incentives to developers of qualified housing projects if on-site affordable housing units are provided. The SDBL uses a sliding scale that is based on the amount and income level of affordable units to determine the amount of bonus that a developer may request. The maximum bonus percentage is 50% under SDBL. Program 2.D would update the City’s local State Density Bonus ordinance to ensure consistency with recent changes to SDBL and integration with the City’s AHPP. This program will clarify how to apply State density bonus law, including application of State density bonuses to floor area dedicated to residential uses. In addition, the program will establish a voluntary by-right menu of incentives & concessions that do not require following the process under Government Code Section 65915(d) for approval.
Where the proposed amendments are: Chapter 9.22 Density Bonus of Zoning Ordinance
What the amendments would do:
➢ Make changes to density bonus ordinance reflecting the approach to implementing State density bonus law established in new legislation AB 2334. This would include:
• Converting the base maximum allowable FAR to units to determine “base density”
• Apply the maximum percentage of State density bonus eligible to the base density based on the number and income level of affordable units provided
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➢ Effectively count total AHPP requirement (i.e., 15%) as equivalent to the percentage that achieves the highest bonus or number of incentives/concessions granted under State density bonus law. For example, a project providing 15% on-site affordable units split across income levels (e.g., 5% very low, 5% low, and 5% moderate) would be eligible for 50% density bonus.
➢ Make clear that for any “housing development”, which for purposes of SDBL is a development project with five or more residential units, including mixed-use developments, subject to a tiered development standard system, the “maximum allowable density” is the “maximum allowable density” for the project’s selected tier.
In other words, any project that meets the definition of a “housing development”, including projects with more than 33% commercial floor area, that is subject to the City’s tiered development system may apply SDBL to the selected tier for the project, whether it is Tier 1, Tier 2, or Tier 3. This revision is recommended in response to AB2334, which expanded and clarified the definition of “maximum allowable residential density” or “base density.” “Maximum allowable density” or “base density” is used to calculate the density bonus and includes “a range of density permitted”, meaning “the maximum number of units allowed by the specific zoning range, specific plan, or land use element.” AB 2334 also prescribes the method of calculating density bonus for form-based zoning (versus dwelling units per acre density bonus) by (A) estimating the realistic development capacity of the site based upon objective standards, and (B) maintaining the same average unit size and other project details relevant to the base density study. According to HCD technical staff, these changes are intended to clarify existing ambiguities in how to calculate density bonus under SDBL for form-based zoning (e.g., like Santa Monica’s tiered FAR development standards, which authorize a range of FARs in consideration for additional community benefits). While there was ambiguity under SDBL as to how density bonus should be calculated for form-based development standards under SDBL pre-AB 2334, that ambiguity has now been eliminated. ➢ Housing developments would be eligible for incentives and concessions in accordance with State density bonus law
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➢ Establish new by-right menu of concessions and incentives that would provide relief from key development standards such as setbacks, parcel coverage, building height, unit mix, and maximum floor area.
Requests for incentives and concessions not on the by-right menu would require the applicant to provide additional documentation, consistent with State density bonus law, but would still be reviewed through an administrative process.
Note that on December 13, 2022, the City Council adopted Emergency Interim Zoning Ordinance Number 2732 (IZO 2732) allowing 100% affordable housing projects within one-half mile of a major transit stop that are entitled to unlimited density, additional 3 stories or 33 feet, and up to 4 incentives or concessions to also request additional waivers or reductions in development standards. Although previously prohibited under AB 1763, this is a process that State density bonus law authorizes the City to opt into allowing. IZO 2732 excludes the Pico Neighborhood, as outlined in Figure 9.40.020.A of the Zoning Ordinance, from this additional allowance. On January 10, 2023, Council extended IZO 2732 to May 31, 2023.
AB2334 is the latest revision to State Density Bonus Law and took effect on January 1, 2022. The bill added a new concept of a “very low vehicle travel area” defined as, “an urbanized area, as designated by the United States Census Bureau, where the existing residential development generates vehicle miles traveled per capita that is below 85 percent of either regional vehicle miles traveled per capita or city vehicle miles traveled per capita. For purposes of this paragraph, “area” may include a travel analysis zone, hexagon, or grid. For the purposes of determining “regional vehicle miles traveled per capita” pursuant to this paragraph, a “region” is the entirety of incorporated and unincorporated areas governed by a multicounty or single-county metropolitan planning organization, or the entirety of the incorporated and unincorporated areas of an individual county that is not part of a metropolitan planning organization.” This new provision expands the areas where 100% affordable housing projects receive no limits on density, an additional 3 stories or 33 feet, no minimum parking requirements, and up
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to 4 incentives and concessions. This means that these allowances are now extended beyond one-half mile of a major transit stop. Staff is conducting further analysis but it appears that the “very low vehicle travel area” would apply to the entire city with the exception of the R1 zone north of Montana Avenue and south of Pico Boulevard.
Special Standards to Encourage Housing Production
Program 1.C Incentivize Housing on Surface Parking Lots in Residential Zones Overview of Program: There are approximately 108 residentially-zoned surface parking lots that serve the adjacent boulevard-facing commercial uses. These existing surface parking lots have density caps of 4-6 units regardless of the size of the property, which limits their capacity for housing potential. In order to provide new housing choices and affordability in high opportunity areas of the City, Program 1.C seeks to incentivize housing production on surface parking lots in residential zones by establishing a special set of development standards.
Where the proposed amendments are: Section 9.31.197, Multiple-Unit Dwelling Projects Located on Residentially Zoned Surface Parking Lots, of the Zoning Ordinance What the proposed amendments would do:
➢ Incentivize housing projects on surface parking lots in residential zones so long as the project does not remove any existing dwelling units. Housing projects under this program would receive special development standards including:
• Maximum Allowable Density: Maximum allowable density shall be based solely on unit density calculations for the underlying residential district (i.e., removal of residential unit caps). For parcels zoned R1, maximum allowable density shall be based on 1 unit per 2,000 sf of area or 4 units, whichever is greater. • 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 alley except as required by Building Code.
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• Parking: Any required parking removed from residential zoned parcel shall be replaced in accordance with the Zoning Ordinance.
• Access: Allow access from the residential zoned parcel if commercial parking is replaced.
Program 2.A Establish a Moderate-Income Housing Zoning Overlay Overview of Program: The City’s RHNA includes an allocation for moderate income units, which makes up 19% of the City’s RHNA. However, moderate income housing projects do not qualify for density bonus and incentives in SDBL unless they are forsale. In addition, funding sources for 100% affordable projects generally focus on households earning up to 80% AMI and do not provide funding for moderate-income projects. To encourage the development of moderate-income housing, Program 2.A would establish an overlay providing incentives for 100% moderate income housing projects in at least three areas of the City such as Downtown area, Bergamot area, and the immediate area around the 17th Street/Santa Monica College Expo LRT station.
Where the proposed amendments are: Chapter 9.19, Moderate Income Housing Overlay, of Zoning Ordinance
What the proposed amendments would do:
➢ Establish a new Moderate Income Housing Overlay (MHO) District for moderateincome (up to 120% AMI) housing projects that would apply Citywide, except in R1 and OP1 zoning districts.
➢ Establish tenant displacement protections for MHO projects that are based on SB9 protections
➢ Creates a new definition of “MHO dwelling unit” that decreases minimum size to 250 sf (instead of 375 sf)
• MHO dwelling units would be exempt from certain requirements of the City’s AHPP, but retaining provisions such as income eligibility requirements and deed restrictions.
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➢ MHO projects may include up to 33% of total floor area as market rate units and/or non-residential uses, no more than 25% of total units can be market rate units, and the moderate income units must be spread evenly through the project. ➢ MHO projects would receive local incentives similar to State density bonus law and be allowed special development standards including:
• Building Height: Increase of 33 feet above maximum building height for the underlying zoning district
• Residential Density Bonus: Permission to request up to a 50% density bonus • Concessions/Incentives: Up to four incentives and concessions • Open Space: Required common outdoor area equivalent to requested density bonus percentage. Applicant may substitute common outdoor living area in lieu of minimum required private outdoor living area in an equivalent amount. • Off-Street Parking: No minimum off-street parking requirements Policy Question for Council:
• The MHO Overlay was originally applied only to half-mile from the Expo Stations. Should the MHO Overlay be expanded citywide instead excluding R1 and OP1 zoning districts?
Prior discussions during the Housing Element regarding the MHO focused on locating these projects within one-half mile of the Expo Stations. The reason was that proximity to transit would be beneficial for MHO projects consisting of smaller minimum unit sizes and the demographic likely to occupy these smaller units. In discussions with the Planning Commission, there was concern that limiting the geography of where MHO projects could locate could create an unnecessary barrier to the success of this new program. As a result, the Planning Commission recommends expanding the MHO Overlay to cover the entire citywide, except for R1 and OP1 zones. In order to ensure that this would not have a negative impact on existing tenants, the Planning Commission also recommends that there be displacement protections in place consistent with what is required under SB9.
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Policy Question for Council:
• Should MHO Projects allow some percentage of market rate units? Prior discussions during the Housing Element regarding the MHO focused on a project that was only moderate-income units but that allowed up to 33% non-residential floor area. This definition mirrors the existing definition of 100% affordable housing projects for lower income households. However, there is reason to consider more flexibility in mix of uses for MHO projects because the typical funding sources for 100% affordable housing projects is not present. Therefore, during discussions with the Planning Commission the concept of allowing some market rate residential units in a MHO project was raised as a means to increase the likelihood for a MHO project to be developed.
Program 2.E Affordable Housing on City-Owned Sites
Overview of Program: This program commits City-owned sites for the production of 100% affordable housing, with consideration of other community-serving purposes, including, but not limited, to green space, place making, and/ or community-serving commercial and revenue generating uses. Under Program 2.E, the City must plan for a minimum of 1,880 affordable housing units across available City-owned sites, which are located throughout the city.
Where the proposed amendments are: Chapter 9.01, Title Purpose and Authority, of the Zoning Ordinance
What the proposed amendments would do:
➢ Exempt the development of affordable housing on City-owned properties, subject to a public process to be determined by the City Council and determination that the project is consistent with the General Plan.
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Full implementation of Program 2E will take place in accordance with the schedule for release of Requests for Proposals for affordable housing on City-owned properties and the adopted timelines in the Housing Element.
Program 4.B Housing on Surface Parking Lots Owned by Community Assembly Uses
Overview of Program: A number of religious congregations in the City own surface parking lots and have expressed interest in developing housing on their properties; however, the existing Zoning Ordinance development standards severely limits the housing potential of these sites. Many of the sites are located within high or highest resource areas of the City. In order to Affirmatively Further Fair Housing, Program 4B seeks to promote the production of affordable housing on surface parking lots owned by community assembly uses, including religious congregations. The program would provide special incentivized standards for community assembly uses to develop affordable housing on surface parking lots.
Where the proposed amendments are: Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots, of the Zoning Ordinance
What the proposed amendments would do:
➢ Create special development standards for housing projects on surface parking lots associated with Community Assembly Uses
• To be eligible, Community Assembly Housing Projects must include at least 50% of the total units as affordable to 80% AMI households. • The project must include the retention, in part or all, of the existing Community Assembly use and related ancillary uses
➢ Qualifying projects on Community Assembly sites would be afforded local development incentives similar to those afforded to 100% affordable housing
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projects under Government Code Section 65915 (State density bonus law), including:
• Process: Projects shall be processed as Administrative Approvals • Building Height: Increase of 33 feet above maximum building height for the underlying zoning district
• Density: No limits to density
• Off-Street Parking: No minimum off-street parking requirements. Furthermore, pursuant to State law AB 2244, replacement of existing parking for the associated community assembly use shall not be required.
Program 4.C Incentives For Additional ADUs In R1-Zones
Overview of Program: Program 4.F addresses historically exclusionary single-unit dwelling zones by encouraging and incentivizing the production of ADUs in single-unit residential districts. Currently the City’s Zoning Ordinance allows the construction of 1 ADU and 1 Junior Accessory Dwelling Unit (JADU) on a single unit parcel. Program 4.F would allow an additional ADU to be constructed if the ADU is deed restricted as a rental unit.
Where the proposed amendments are: Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units, in the Zoning Ordinance What the proposed amendments would do:
➢ Allow for development of an additional ADU in the R1 Zoning district if the additional ADU is deed restricted as a rental unit.
Programs for Consistency with State Law
Program 1.D Reduce Minimum Parking Requirements and Assembly Bill 2097 (“AB 2097”)
Overview of Program: Stringent parking requirements add significantly to the cost of housing construction. In 2017, the City eliminated parking minimums in the Downtown
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as part of the adoption of the Downtown Community Plan. Program 1.D calls for the reduction of minimum parking requirements for housing projects. Since adoption of the Housing Element, AB 2097 was passed, and took effect on January 1, 2023, which prohibits the City from imposing minimum parking requirements for residential and commercial developments (except for hotels) located within ½ mile of a major transit stop.
Where the proposed amendments are: Chapter 9.28 Parking, Loading, and Circulation of the Zoning Ordinance
What the proposed amendments would do:
➢ Eliminate minimum parking requirements for projects within one-half mile of major transit stop consistent with new State law AB 2097
• Applies to both residential and commercial projects, except hotels/motels, and with certain limited exceptions, based on findings, for qualified housing projects • Would not exempt projects from complying with Coastal Zone parking requirements. This means that AB2097 does not apply to projects in the Coastal Zone and those projects would thus be subject to parking requirements established by the California Coastal Commission.
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Figure 2: Map showing ½ mile from Major Transit Stop (no minimum parking requirements)
➢ Expanding on AB 2097, eliminate minimum parking requirements for all Housing Projects, alterations/additions to multiunit dwelling buildings, and ADUs Citywide, except in R1 zones, and to not establish parking maximums outside of Downtown Figure 3: Approximate areas where parking minimums will continue to apply (R1, OP1)
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➢ Allow parking displaced by ADUs and JADUs to be located in front half of a parcel ➢ Reduce the amount of existing parking that must be retained/replaced to 50% for housing projects and additions/expansions to existing schools Policy Question for Council:
• Expanding on AB 2097 and for ease of implementation, should minimum parking requirements be eliminated for all housing projects, alterations/additions to multiunit dwelling buildings, and Accessory Dwelling Units (ADUs) citywide, except for R1 zones?
The Planning Commission recommends that minimum parking requirements be eliminated for all housing projects citywide except for R1 and OP1 zones. Housing projects are a new definition in the proposed amendments as Section 9.52.020.1125 and defined as:
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• 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.
Staff agrees with the Planning Commission however, since Council has not previously given policy direction on this, the following options are presented for the Council’s consideration:
• Option 1 – Planning Commission Recommendation as shown in Figure 3: Eliminate minimum parking requirements for all housing projects citywide except for R1 zones (other than those R1 parcels within half-mile of major transit stop per AB 2097) o Policy Background: Based on mapping the geographic requirements of AB2097 (i.e. half-mile from major transit stops) as shown in Figure 2, approximately 73% of non-residential and multi-unit zoned parcels throughout the city would have no minimum parking requirements. Those make up 84% of all non-residential zoned parcels and 69% of multi-unit zoned parcels. The boundaries of the half-mile from major transit stops ends up cutting through the middle of multi-unit residential neighborhoods and some commercial areas. This means that only 17% of remaining non-residential and multi-unit zoned parcels would have minimum parking requirements creating inconsistencies in minimum parking requirements for neighboring parcels.
For ease of implementation and in order to ensure equitable application of parking requirements in similar areas throughout the city, the City Council could consider eliminating minimum parking requirements for housing projects in the remaining 17% of the non-residential and multi-unit zones. • Option 2: Eliminate minimum parking requirement for all housing projects on nonresidentially zoned parcels as shown in Figure 4:
o Policy Background: As noted above, approximately 84% of the nonresidentially zoned parcels throughout the city would have no minimum
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parking requirements. As an alternative to Option 1, the City Council could consider eliminating minimum parking requirements for housing projects in the remaining 16% of non-residentially zoned parcels.
Figure 4: Non-residentially zoned parcels (in red) outside of one-half mile from major transit stop
Policy Question for Council:
• Should parking maximums within ½ mile of transit and for housing projects outside of ½ mile of transit be eliminated outside of Downtown? When minimum parking requirements were eliminated in the Downtown Community Plan, maximum parking limits were established based upon the previous minimum parking requirements. As a result, the DCP provides precedent of how the Council may want to consider establishing possible maximum parking limits citywide. However, in
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reviewing this issue, the Planning Commission recommended that parking maximums be eliminated within ½ mile of transit to align with AB 2097 and for housing projects outside of ½ mile of transit. The Commission’s intent was to provide applicants greater flexibility in building the parking that is necessary to support a project, which could mean no on-site parking but also not be constrained by parking maximums that might be potentially too low. Within Downtown, the Commission agreed with staff that parking maximums should remain given the Downtown’s unique conditions including thousands of existing public and private parking spaces, much lower rates of vehicle ownership compared to the remainder of the city based on American Community Survey data, and a highly walkable and transit-accessible environment.
Program 1.G Incentivize and Facilitate The Development Of Accessory Dwelling Units (ADUs)
Overview of Program: In 2020, the City adopted an ADU ordinance to incorporate State law requirements for ADUs and further encouraged their development through incentives such as exempting ADUs from parcel coverage or floor area calculations and sets forth a ministerial approval process. As a result, ADUs have become an increasingly popular way for property owners to add additional units to both single unit and multi-unit parcels. HCD publishes an ADU handbook
(https://www.hcd.ca.gov/policy-and-research/accessory-dwelling-units) that is periodically updated to reflect changes in legislation and also as cities encounter implementation issues. Program 4.G is intended to further simplify the ADU permitting process and sets forth a target of issuing building permits for 47 ADUs/year. As a point of reference, the City issued 128 building permits for ADUs in 2022, bringing the average number of ADUs permitted per year since 2018 to 70. These numbers demonstrate that property owners continue to be interested in ADUs due to changes in State law and the City’s local incentives.
Where the proposed amendments are: Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units, of Zoning Ordinance
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What the proposed amendments would do:
Ensure consistency with State law, which would include:
➢ Establish that existing and proposed multiple-unit dwellings may add two detached ADUs
➢ Provide clarification regarding what is considered conversion and new construction in association with parcels developed with multiple-unit dwellings ➢ Establish size limitations for conversion of existing detached accessory structures ➢ Specify requirements for permanent provisions of eating and cooking facilities. ➢ Provide flexibility regarding how the conversion of detached accessory structures for ADUs in conjunction with multiple-unit dwellings are classified, allowing these structures to count towards both the allowance of two newly constructed detached ADUs and the conversion of existing non-livable space to at least one ADU, or up to 25% of the existing multiple-unit dwelling total unit count, whichever is greater.
Program 4.E New Housing Choice through Incentives for SB9 Units in R1 Zone Neighborhoods
Overview of Program: Senate Bill 9 (“SB 9”), also known as the California Housing Opportunity and More Efficiency (HOME) Act, is a state bill that requires cities to ministerially allow one additional residential unit onto parcels zoned for single-unit dwellings. Allowing homeowners proposing SB9 projects to also construct ADUs, particularly on larger parcels, will increase new housing opportunities in high opportunity areas and also promote place-based strategies for community revitalization by increasing housing opportunities.
Program 4.E would adopt a local ordinance implementing SB9, which shall establish an administrative process for duplex and lot split projects. The ordinance would include strong incentives to densify larger parcels in R1-Zone neighborhoods by allowing property owners on parcels of at least 10,000 sf to add ADUs as allowed under State Law in addition to SB9 projects.
Where the proposed amendments are: Section 9.31.125 Duplexes and Lot Splits on Parcels Zoned for Single Unit Residential
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What the proposed amendments would do:
Section 9.31.125 of the Zoning Ordinance would establish standards, requirements, and procedures for projects developed pursuant to SB9:
➢ The new regulations would 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 districts that are limited to one single-unit dwelling with the following restrictions:
• Location: The parcel cannot be located within a designated historic district or contains a historic resource. In addition, if the parcel is located in a flood zone, earthquake fault zone, or on a hazardous waste site, it must meet the requirements specified in California Government Code Section 65913.4(a)(6)(B)- (K). Other locational restrictions apply; however, these restrictions generally do not apply to the City of Santa Monica (e.g., wildfire areas, wetlands, farmlands, habitat conservation areas, etc).
• Residential Displacement: A SB9 project cannot alter or remove any of the following types of housing:
o Deed restricted affordable housing;
o Rent-controlled housing or housing subject to any form of price control, including units subject to California Statewide rent control and Santa Monica rent control;
o Housing occupied by a tenant in the last three years; or o Housing on parcels with an Ellis Act eviction in the last 15 years from date of application submittal
➢ A permitted parcel may be developed with a duplex, be subdivided into two parcels, or both, subject to these maximum unit counts:
• No Lot Split - Up to four units are permitted per parcel (must establish a duplex), inclusive of ADUs
• Lot Split - Up to two units are permitted per parcel, inclusive of ADUs and JADUs
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• On parcels 10,000 SF or greater - more than four units may be established, inclusive of ADUs.
➢ Lots splits must meet the following requirements:
• The lot split cannot result in any parcel that is less than 1,200 sf or 40% of the original parcel size
• Split parcels must have access to a public right-of way • The parcel has not been previously split and is not adjacent to another lot split by the same owner
• Owner must intend on living on one of the resulting split parcels for 3 years ➢ SB 9 development must meet the following requirements • One parking space is required for each unit, unless the parcel is located within ½ mile of a major transit stop or there is a car share vehicle located within one block of the parcel
• Minimum front setback of 4 feet is required
• Units established under SB9 cannot be rented for terms of 30 days or less • Owner must intend on living in one of the units for 3 years (per Council direction on March 15, 2022)
Policy Question for City Council
Should SB9 projects be incentivized through development impact fee waivers to include the Affordable Housing Fee, Transportation Impact Fee, Parks & Recreation Development Impact Fee, and Childcare Linkage Fee? Unlike State law for ADUs, the SB9 statute did not require local jurisdictions to waive impact fees for SB9 projects making ADUs a more attractive option to property owners.
The Planning Commission recommends waiving all development impact fees for SB9 projects as an incentive for their production. Since SB9 went into effect, the City has received several inquiries but only 1 application for a SB9 project. According to a recent study by UC Berkeley’s Terner Center for Housing Innovation, the impact of SB9 across the State has thus far been limited and appears to have seen greater success in cities with larger lot sizes. In cities with more ADU than SB9 activity, it appears that the
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combination of State and local incentives have made ADUs a far more attractive option.
Major changes in ADU law were also initiated in 2017 provide over 5 years for homeowners to understand and pursue this pathway for additional units whereas SB9 is still fairly new. Thus, it is difficult to speculate on the financial impact of waiving impact fees. Development impact fees that currently apply to SB9 projects are noted in the following table.
Name of Impact
Fee
Use of Fees Applicability Cost
Affordable
Housing Fee
Fees go into City’s
Housing Trust
Fund to fund 100%
affordable housing
Construction of 2 or
more units; Does
not apply if existing
unit is retained
$39.12/sf (rental
units)
$45.70/sf (for-sale
units)
Transportation
Impact Fee
Fund
transportation
network
improvements
such as new
sidewalks,
crosswalks, traffic
signal upgrades,
bus stops,
transportation
demand
management, and
bicycle facilities
Addition of a
dwelling unit; Credit
given for removal of
existing units
$4,430.93/unit
Parks &
Recreation
Development
Impact Fee
Acquisition and
development of
open space,
parkland, and
recreation facilities
to meet demand
generated by new
development
Addition of a
dwelling unit; Credit
given for removal of
existing units
$5,333.41/unit
(Studio/1BR)
$8,590.44/unit
(2BR +)
Childcare Linkage
Program
Fund property
acquisition,
development, and
construction of
childcare facilities
in order to create
new childcare
spaces
Addition of a
dwelling unit; Credit
given for removal of
existing units $179.46/unit
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Senate Bill 478 (SB 478) FARs in Multi-Unit and Mixed-Use Zones SB478 was signed into law in September 2021 and became effective January 1, 2022.
The law establishes minimum standards on FAR and removes lot size requirements for housing projects in multi-unit and mixed use zones. Specifically, cities cannot:
➢ Impose a FAR of less than 1.0 for housing projects that are 3-7 units ➢ Impose a FAR of less than 1.25 for housing projects that are 8-10 units ➢ Impose any other lot coverage requirements that would physically preclude a housing project from achieving the FARs above
➢ Deny a housing project on an existing legal parcel on the sole basis that the parcel does not meet minimum parcel size
Where the proposed amendments are: Chapter 9.08 Multi-Unit Residential Districts, and Chapter 9.09 Ocean Park Districts of the Zoning Ordinance What the proposed amendments would do:
➢ Increase parcel coverage for Tier 1 projects in R2, R3, and R4 zoning districts to 50% and revise FARs where applicable to ensure that 3–7-unit housing projects achieve the state-required FAR of 1.0.
➢ Allow 8-10 unit housing projects to have permitted increased parcel coverage as necessary to ensure a FAR of 1.25 and revise FARs where applicable. ➢ Remove single unit dwelling as a permitted land use.
Reconciling LUCE/Zoning Map Inconsistencies
Approximately 40 parcels have been identified where there are inconsistencies between the LUCE and the Zoning Map, of which 6 are on the Suitable Sites Inventory and 8 of the 40 inconsistencies appear to be drafting errors. Reconciling these inconsistencies between LUCE and Zoning Map are guided by State law. SB330 prohibits reducing intensity of land use within an existing zoning district below what was allowed under the general plan, specific plan, and zoning ordinances in effect as of January 1, 2018 [Government Code Section 66300(b)(1)(A)]. State density bonus law also requires that
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where the zoning ordinance is inconsistent with the density allowed under the general plan, the greater density standard shall prevail [Government Code Section 659195(o)].
Figure 5: Map showing Parcels with LUCE/Zoning Inconsistencies Other Clarifying Amendments
In the course of preparing these proposed amendments, Staff identified areas in the Zoning Ordinance that have repeatedly been misunderstood by applicants. The proposed changes to R1 development standards do not change the meaning or substance of the development standards but are simply being proposed to ensure clearer understanding and reading of the language by staff and applicants:
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➢ R1 Development Standards
• Parcel Coverage – Clerical revision regarding applicability of 55% parcel coverage for existing dwellings proposing an addition to state that any existing single-unit dwelling regardless of number of stories can be allowed 55% parcel coverage.
• Upper-Story Stepbacks – Non-substantive edits and language clarifications for ease of implementation and understanding.
• Vertical Wall Heights – Clarification regarding what types of vertical walls are permitted above 23’ (roof gable, dormers, etc.).
Environmental Review
The proposed amendments to the LUCE, DCP, BAP, and Zoning Ordinance, LUCE designation map, and Zoning Districting Map, LUCE designation map, and Zoning Districting Map were analyzed as part of the 2021-2029 6th Cycle Housing Element Environmental Impact Report (EIR) [SCH No. 20212269242021] that was certified by Council on October 12, 2021, with an Addendum to the EIR approved on October 11, 2022. These amendments implement the programs that were described and analyzed in the 6th Cycle Housing Element EIR. Therefore, no further environmental documentation is required.
Financial Impacts and Budget Actions
Implementation of the proposed amendments are necessary to comply with the certified Housing Element. If Santa Monica takes an action that is inconsistent with a certified Housing Element and falls out of compliance with Housing Element law, the City would be at risk of enforcement action from the State, up to and including judicial action, fines of at least $10,000 per month, loss of eligibility for grants and state funding programs, and loss of local control over land use decisions. The State has in recent years demonstrated its willingness to take legal action to compel cities to bring their Housing Elements into compliance.
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Prepared By: Jing Yeo, Planning Manager
Approved Forwarded to Council
Attachments:
A. Attachment A - LUCE Redlines
B. Attachment B - Zoning Ordinance Redlines
C. Attachment C - DCP Redlines
D. Attachment D - Bergamot Area Plan Redlines
E. Attachment E - Summary of Applicability of Project Requirements for Housing Projects
F. Attachment F -
Letter_from_Planning_Commission_to_City_Council_proposing_amendments_to _the_Housing_Element_1-23-23 (1)
G. Attachment G - Summary of Pipeline Housing Projects
H. Attachment H - Memo to Councilmembers regarding AB 2011 I. Written Comments
J. PowerPoint Presentation
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PRELIMINARY DRAFT REDLINES TO THE LUCE
LUCE
CHAPTER &
REVISED
PAGES
LUCE | REDLINE EDITS
2.1-8
Achieving
Community
Benefits
ACHIEVING COMMUNITY BENEFITS
The essence of the LUCE land use policy is to identify an allowable building height for each land use as a baseline. Proposed development that requests additional height above the base will be subject to discretionary review and additional requirements consistent with the community’s broader social and environmental goals. This approach is defined in three tiers; the base tier (ministerial up to the discretionary review thresholds established by the Zoning Ordinance) and two discretionary tiers. In most commercial areas of the City, including the major boulevards such as Wilshire Boulevard and portions of Lincoln and Santa Monica Boulevards, the maximum base height (Tier 1 for a non-housing project without providing community benefits is 32 feet (two stories). In these areas, a project with housing is eligible for a height bonus above the base height, allowing for an additional floor of housing, by providing the percentage of required affordable housing units on-site or within close proximity along the transit corridors. Thus the base height generally ranges from 32 to 36 feet.
To be above the base height, new non-housing development must provide community benefits for the City and the neighborhood. Under the LUCE, an applicant for a commercial projector mixed- use project requesting additional height above the base, known as Tier 2, will need to provide community benefits that will be considered through a discretionary permit or Development Agreement. Heights identified as Tier 3 require additional community benefits.
Several land use designations have a lower base height (Tier 1), a lower maximum height for Tier 2 and no Tier 3. The exceptions are called out later in this chapter in the discussion of each land use designation.
The community identified the following five priority categories of Community Benefits.
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Attachment: Attachment A - LUCE Redlines (5610 : Housing Element Implementation (120 mins))
2.1-9
1) Affordable and Workforce Housing The LUCE outlines requirements for housing that is affordable to lowerincome residents. Projects that include a significant amount of such housing achieve the highest level of community benefit. The Plan also incentivizes workforce housing to provide additionalunits for employees who are increasingly priced out of our community. To continue to foster diversity, it is important to create the conditions which allow employees to live in the City. This reduces commuting, which contributes to air pollution, traffic congestion, and global climate change. Workforce housing is an emerging sustainable policy for the City. Being able to live near employment and transit significantly reduces vehicle miles traveled. Thus, this housing should be located near transit and near existing job centers (e.g., hospitals, Santa Monica College, school district offices, and entertainment industry centers). Businesses are encouraged to provide workforce housing for which priority is given to employees. Housing Residential or mixed-use projects that provide affordable and workforce housing will be eligible for increased heights over the base of 32–35 feet in recognition of the environmental and social benefits of such housing.
2.1-17
Goal LU10.4
LU10.4 Discretionary Review. Require a discretionary review process with community input for projects above the base height, except for 100 percent affordable housing projects. Inclusion of community benefits and specific findings will be required for conditional approval above the base height and density for non-housing projects.
2.1-17
Goal LU11
LU11.2 Expand Housing Opportunities. Expand housing opportunities by identifying and designating specific infill areas along transit-rich boulevards and in the districts, including near Expo Light Rail stations and at transit hubs. In these areas, new residential is desired to create complete neighborhoods and support sustainability goals.
Affordable housing shall be encouraged and incentivized on City-owned/publicly owned sites. Incentivize housing development on existing surface parking lots serving commercial, community assembly, or other boulevard-facing uses including the adaptive reuse and conversion of existing commercial buildings to residential use.
2.1-23
Goal LU15 LU15.20 Streetwall and Height Measurement. The zoning ordinance mayshall establish both a minimum and a maximum height for the streetwall, as measured from the average grade on the sidewalk at the property line.
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2.1-27, 29
Boulevards
B. Boulevards
The Boulevard designations define the activity along the existing corridors of the City. The designations allow for the transformation of the auto-oriented boulevards into vibrant, diverse and attractive boulevards that support local- serving retail, public spaces and a diversity of housing types (which is ministerial up to the discretionary review thresholds established by the Zoning Ordinance). New non-housing development over the base height will require a discretionary permit, community benefits, and capitalize on transit service to reduce vehicle trips. Housing shall be encouraged and incentivized with development standards that support inclusionary affordable housing and create equitable opportunities for housing production. It is envisioned that through incentives and requirements the boulevards will provide significantly expanded opportunities for affordable and workforce housing, local-serving retail, open space and small floor-plate office uses.
D. Employment and Commerce
Employment and commerce designations are for the areas of the City that provide space for continued employment activities to ensure a robust economy that is essential in order for the City to continue to provide the high level of public services that the community expects. The LUCE land use designations allow for the continuation of existing employment activities, however may also allow for new housing opportunities. The 2009 Plan proposes a reduction in regional-serving commercial uses, with the exception of healthcare, in favor of local- serving uses typically with a smaller floor plate. Land use designations in this category include Industrial Conservation and Healthcare District.
2.1-35, 36,
Mixed-Use
Boulevard
Low
Development Parameters
Height and Floor Area Ratio (FAR) with associated setback and step back standards for the Mixed-Use Boulevard Low designation are as follows:
NON-HOUSING PROJECTS
TIER 1 - BASE HEIGHT
▪ The base height in the Mixed-Use Boulevard Low District is 32 feet (2 stories) with a 1.5 FAR.
A project will receive a 4-foot height bonus above the 32-foot base height, allowing for an additional floor of housing, by building the required affordable housing units in accordance with the percentage requirements specified in the City’s Affordable Housing Production Program for the project as a whole. A Tier 1 project is ministerial up to the discretionary review threshold established by the Zoning Ordinance.
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Attachment: Attachment A - LUCE Redlines (5610 : Housing Element Implementation (120 mins)) TIER 2 - ABOVE BASE - WITH COMMUNITY BENEFITS
▪ Subject to a discretionary review process, residential projects that provide community benefits may request a height up to 36 feet and 1.75 FAR.
TIER 3 - ABOVE BASE - WITH ADDITIONAL COMMUNITY BENEFITS ▪ Subject to a discretionary review process, projects that include additional community benefits may request a height up to 47 feet and 2.0 FAR if the project is located in an area designated Mixed-Use Boulevard Low on the north side of Broadway, on the south side of Broadway west of the centerline of 20th Street, on Colorado west of the centerline of 20th Street, or within an Activity Center boundary. 100% Affordable Housing projects and projects which preserve a City-designated Landmark or Structure of Merit may request this additional height and FAR in all areas designated Mixed-Use Boulevard Low. Projects with 100% residential above the ground floor may also request this additional height and FAR within an area bounded by the south side of Broadway, the north side of Colorado Avenue, 20th Street, and Cloverfield Boulevard. ▪ Proposals above the base height must provide the City with enumerated community benefits as identified in the “Five Priority Categories of Community Benefits” section of this chapter (on page 2.1-8). Housing and mixeduse housing projects will be required to provide a percentage of affordable units either on- or off- site. Other projects will contribute applicable project mitigation fees for the purpose of addressing affordable housing requirements.
HOUSING PROJECTS
▪ MUBL North of I-10: A housing project, as defined in the Zoning Ordinance and in compliance with the City’s Affordable Housing Production Program will receive a 4-foot may be developed up to 70 feet in height with a 3.25 FAR bonus above the 32-foot base height, ,allowing for an additional floor of housing., by building the required affordable housing units in accordance with the percentage requirements specified in the City’s Affordable Housing Production Program for the project as a whole
▪ MUBL Pico Boulevard: A housing project, as defined in the Zoning Ordinance and in compliance with the City’s Affordable Housing Production Program may be developed up to 45 feet in height with a 2.0 FAR ▪ One hundred percent affordable housing projects will continue to be provided existingreceive development incentives, including but not limited to: greater building height and FARnot to exceed the allowable maximum height limit at the highest tier, inclusive of any development bonus for affordable housing; reduced parking
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Attachment: Attachment A - LUCE Redlines (5610 : Housing Element Implementation (120 mins)) requirements; flexibility in providing reduction in required ground floor pedestrian- oriented uses, which may also include community services, arts, and similar uses, as applicable., and administrative review of affordable housing projects (up to a maximum of 80% of median income only) with 50 units or less. ▪ MUBL Pico Boulevard-west of Lincoln Boulevard, Lincoln Boulevard, Main Street: A housing project, as defined in the Zoning Ordinance and in compliance with the City’s Affordable Housing Production Program may be developed up to 55 feet in height with a 2.5 FAR
▪ Housing projects will be reviewed in accordance with procedures set forth in the Zoning Ordinance.
ALL PROJECTSTIERS
▪ New or remodeled buildings on property adjacent to the boulevard shall have a minimum façade height to ensure the visual definition of the boulevard’s open space, to be defined in the zoning ordinance. ▪ Maximum height of the building façade adjacent to the property line along the boulevard or the intersecting side street shall be defined in the zoning ordinance.
▪ Above the maximum streetwall height, the building shall step back from the boulevard in a manner that will minimize the visual bulk of the overall building as viewed from the public sidewalks and roadway and ensure maximum light, air and sense of openness for the general public. Guidelines or standards for the building mass above the streetwall shall be established in the zoning ordinance. ▪ Buildings that share a property line with a residentially-designated property are required to be setback at least 10 feet from the abutting residential property line. Further,to assure privacy and access to sunlight and air for the adjacent residential use, all new buildings and additions to existing buildings shall not project, except for permitted projections, beyond a building envelope commencing at 25 feet in height above the property line abutting the residential property or where there is an alley abutting the residentially-designated property,the centerline of the alley, and from that point, extending at a 45-degree angle from vertical towards the interior of the site.
▪ For any existing auto dealers that expand without using the urban auto dealership format, a discretionary process will be required.
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Attachment: Attachment A - LUCE Redlines (5610 : Housing Element Implementation (120 mins))
2.1-37, 36,39
Mixed-Use
Boulevard
Development Parameters
Height and Floor Area Ratio (FAR) with associated setback and step back standards for the Mixed-Use Boulevard designation are as follows:
100% Residential above the ground floor
TIER 1 - BASE HEIGHT
▪ The base height in the Mixed-Use Boulevard District is 32 feet (2 stories) with a 1.5 FAR. A project will receive a 7-foot height bonus above the 32-foot base height, allowing for an additional floor of housing, by building the required affordable housing units in accordance with the percentage requirements specified in the City’s Affordable Housing Production Program for the project as a whole (see Figures 6 and 7). A Tier 1 project is ministerial up to the discretionary review threshold established by the Zoning Ordinance.
TIER 2 - ABOVE BASE - WITH COMMUNITY BENEFITS
▪ Subject to a discretionary review process, projects that provide community benefits may request a height up to 50 feet and 2.25 FAR. (see Figure 8)
▪ Within the Downtown Community Plan area on the east side of Lincoln Boulevard, subject to a discretionary review process, projectsthat provide community benefits may request a height up to 50 feet and 2.25 FAR. ▪ Within the Downtown Community Plan area on the west side of Lincoln Boulevard, subject to a discretionary review process, projects that provide community benefits may request a height up to 60 feet and 2.75 FAR.
▪ Within the Downtown Community Plan area on Wilshire Boulevard west of Lincoln Boulevard, subject to a discretionary review process, projects that provide community benefits may request a height up to 50 feet and 2.25 FAR
▪ Within the Downtown Community Plan area on the east and west sides of Lincoln Bouelvard, 100% affordable housing projects may request an additional ten feet of building height and 0.5 FAR above Tier 2 standards.
TIER 3 - ABOVE BASE - WITH ADDITIONAL COMMUNITY BENEFITS ▪ Subject to a discretionary review process, projects that provide additional community benefits, may request a height of 55 feet and 2.75 FAR if the project is located in an area designated Mixed-Use Boulevard within the area bounded by Colorado Avenue, Olympic Boulevard, 20th Street, and Cloverfield Boulevard. 100% Affordable Housing projects and projects which preserve a City-designated Landmark or Structure of Merit may request this additional height and FAR in all areas designated Mixed-Use Boulevard. (see
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Attachment: Attachment A - LUCE Redlines (5610 : Housing Element Implementation (120 mins)) Figure 9) Projects may also request a height up to 60 feet with a corresponding percentage decrease in FAR over 55’.
All Other Projects
NON-HOUSING PROJECTS
TIER 1 - BASE HEIGHT
▪ The base height in the Mixed-Use Boulevard District is 32 feet (2 stories) with a 1.5 FAR.
A project will receive a 3-foot height bonus above the 32-foot base height, allowing for an additional floor of housing, by building the required affordable housing units in accordance with the percentage requirements specified in the City’s Affordable Housing Production Program for the project as a whole (see Figures 6 and 7). A Tier 1 project is ministerial up to the discretionary review threshold established by the Zoning Ordinance.
TIER 2 - ABOVE BASE - WITH COMMUNITY BENEFITS
▪ Subject to a discretionary review process, projects that provide community benefits may request a height up to 45 feet and 2.25 FAR. (see Figure 8) ▪ Within the Downtown Community Plan area on the east side of Lincoln Boulevard, subject to a discretionary review process, as required by the Downtown Community Plan, projects that provide community benefits may request a height up to 40 feet and 1.75 FAR. ▪ Within the Downtown Community Plan area on the west side of Lincoln Boulevard and on Wilshire Boulevard west of Lincoln Boulevard, subject to a discretionary review process or development agreement, as required by the Downtown Community Plan, projects that provide community benefits may request a height up to 50 feet and 2.25 FAR.
▪ Within the Downtown Community Plan area on Wilshire Boulevard west of Lincoln Boulevard, subject to a discretionary review process, projects that provide community benefits may request a height up to 40 feet and 1.75 FAR.
TIER 3 - ABOVE BASE - WITH ADDITIONAL COMMUNITY BENEFITS ▪ Subject to a discretionary review process, projects that provide additional community benefits, may request a height of 55 feet and 2.75 FAR if the project is located in an area designated Mixed-Use
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Attachment: Attachment A - LUCE Redlines (5610 : Housing Element Implementation (120 mins)) Boulevard or within the area bounded by Colorado Avenue Olympic Boulevard, 20th Street, and Cloverfield Boulevard. 100% Affordable Housing projects and projects which preserve a City-designated Landmark or Structure of Merit may request this additional height and FAR in all areas designated Mixed-Use Boulevard. (see Figure 9).
▪ Proposals above the base height must provide the City with enumerated community benefits as identified in the “Five Priority Categories of Community Benefits” section of this chapter. Housing and mixed-use housing projects will be required to provide a percentage of affordable units either on- or off- site. Other projects will contribute applicable project mitigation fees for the purpose of addressing affordable housing requirements.
HOUSING PROJECTS
▪ A housing project as defined in the Zoning Ordinance and in compliance with the City’s Affordable Housing Production Program will receive a 4-foot may be developed up to 70 feet in height with a 3.25 FAR bonus above the 32-foot base height, ,allowing for an additional floor of housing . by building the required affordable housing units in accordance with the percentage requirements specified in the City’s Affordable Housing Production Program for the project as a whole
▪ A housing project as defined in the Downtown Community Plan and within the Downtown Community Plan Area shall have a base height of 70 feet and a 3.25 FAR on Wilshire Boulevard, and a base height of 65 feet and a
3.0 FAR on Lincoln Boulevard.
▪ One hundred percent affordable housing projects will continue to be provided existingreceive development incentives, including but not limited to: greater building height and FAR not to exceed the allowable maximum height limit at the highest tier, inclusive of any development bonus for affordable housing; reduced parking requirements; flexibility in providing reduction in required ground floor pedestrian- oriented uses, which may also include community services, arts, and similar uses, as applicable. and administrative review of affordable housing projects (up to a maximum of 80% of median income only) with 50 units or less. ▪ Housing projects will be reviewed in accordance with procedures set forth in the Zoning Ordinance.
ALL PROJECTSTIERS
▪ New or remodeled buildings on property adjacent to the boulevard shall have a minimum façade height to
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Attachment: Attachment A - LUCE Redlines (5610 : Housing Element Implementation (120 mins)) ensure the visual definition of the boulevard’s open space, to be defined in the zoning ordinance. (see Figure 10) ▪ Maximum height of the building façade adjacent to the property line along the boulevard or the intersecting side streetshall be defined in the zoning ordinance. (see Figures 8 and 9)
▪ Above the maximum streetwall height, the building shall step back from the boulevard in a manner that will minimize the visual bulk of the overall building as viewed from the public sidewalks and roadway and ensure maximum light, air and sense of opennessfor the general public. Guidelines or standards for the building mass above the streetwall shall be established in the zoning ordinance.(see Figures 8 and 9) ▪ Buildings that share a property line with a residentially-designated property are required to be setback at least 10 feet from the abutting residential property line. Further, to assure privacy and access to sunlight and air for the adjacent residential use, all new buildings and additions to existing buildings shall not project, except for permitted projections, beyond a building envelope commencing at 25 feet in height above the property line abutting the residential property or where there is an alley abutting the residentially-designated property, the centerline of the alley, and from that point, extending at a 45-degree angle from vertical towards the interior of the site.(see Figure 11)
▪ For any existing auto dealers that expand without using the urban auto dealership format, a discretionary process will be required.
2.1-40, 41,42
General
Commercial
Development Parameters
Height and FAR with associated setback and step back standards for the General Commercial designation are as follows:
NON-HOUSING PROJECTS
Santa Monica Boulevard
TIER 1 - BASE HEIGHT
▪ The base height in the General Commercial portion of Santa Monica Boulevard is 32 feet (2 stories) with a 1.25 FAR. For purposes of calculating FAR, below grade auto dealer facilities shall be excluded and rooftop parking/ automobile storage shall be discounted by 50%. A Tier 1 project is ministerial up to the discretionary review threshold established by the Zoning Ordinance. (see Figure 12)
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Attachment: Attachment A - LUCE Redlines (5610 : Housing Element Implementation (120 mins)) TIER 2 - ABOVE BASE - WITH COMMUNITY BENEFITS
▪ Subject to a discretionary review process, projects that provide community benefits may request a height up to 35 feet and 1.5 FAR. However, when design standards are adopted for the urban auto dealer format, a ministerial process may be allowed. (see Figure 15) ▪ For any new and expanded auto dealers that do not use the urban auto dealership format, a discretionary process will be required.
HOUSING PROJECTS
▪ A housing project as defined in the Zoning Ordinance and in compliance with the City’s Affordable Housing Production Program will receive a 4-foot may be developed up to 70 feet in height with a 3.25 FAR bonus above the 32-foot base height, ,allowing for an additional floor of housing , by building the required affordable housing units in accordance with the percentage requirements specified in the City’s Affordable Housing Production Program for the project as a whole
▪ One hundred percent affordable housing projects will continue to be provided existingreceive development incentives, including but not limited to: greater building height and FARnot to exceed the allowable maximum height limit at the highest tier, inclusive of any development bonus for affordable housing; reduced parking requirements; flexibility in providing reduction in required ground floor pedestrian- oriented uses, which may also include community services, arts, and similar uses, as applicable. and administrative review of affordable housing projects (up to a maximum of 80% of median income only) with 50 units or less. ▪ Housing projects will be reviewed in accordance with procedures set forth in the Zoning Ordinance.
Lincoln and Pico Boulevards
TIER 1 - BASE HEIGHT
▪ The base height in the General Commercial portion of Lincoln and Pico Boulevards is 32 feet (2 stories) with a 1.5 FAR. A project will receive a 4-foot height bonus above the 32- foot base height, allowing for an additional floor of housing, by building the required affordable housing units in accordance with the percentage requirements specified in the City’s Affordable Housing Production Program for the project as a whole.
A Tier 1 project is ministerial up to the discretionary review threshold established by the Zoning Ordinance. (see Figure 13)
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Attachment: Attachment A - LUCE Redlines (5610 : Housing Element Implementation (120 mins)) TIER 2 - ABOVE BASE - WITH COMMUNITY BENEFITS
▪ Subject to a discretionary review process, projects that provide community benefits may request additional FAR up to 1.75. Projects that provide additional affordable housingmay request a 2.0 FAR. (see Figure 14)
▪ On Lincoln Boulevard south of I-10, existing, moderately-priced motels should have no limitation on the number of stories so long as they comply with established height limits.
HOUSING PROJECTS
▪ Lincoln Boulevard: A housing project as defined in the Zoning Ordinance and in compliance with the City’s Affordable Housing Production Program, will receive a 4-foot may be developed up to 55 feet in height with a
2.50 FAR bonus above the 32-foot base height, ,allowing for an additional floor of housing , by building the required affordable housing units in accordance with the percentage requirements specified in the City’s Affordable Housing Production Program for the project as a whole
▪ Pico Boulevard: A housing project as defined in the Zoning Ordinance and in compliance with the City’s Affordable Housing Production Program, may be developed up to 45 feet in height with a 2.0 FAR ▪ One hundred percent affordable housing projects will continue to be provided existingreceived development incentives, including but not limited to: greater building height and FARnot to exceed the allowable maximum height limit at the highest tier, inclusive of any development bonus for affordable housing; reduced parking requirements; flexibility in providing reduction in required ground floor pedestrian- oriented uses, which may also include community services, arts, and similar uses, as applicable. and administrative review of affordable housing projects (up to a maximum of 80% of median income only) with 50 units or less. ▪ Housing projects will be reviewed in accordance with procedures set forth in the Zoning Ordinance.
ALL PROJECTSTIERS
▪ One hundred percent affordable housing projects will continue to be provided existing incentives, including:
building height not to exceed the allowable maximum height limit at the highest tier, inclusive of any development bonus for affordable housing; reduced parking requirements; flexibility in providing a reduction in required ground floor pedestrian-oriented uses, which may also include community services, arts, and similar
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Attachment: Attachment A - LUCE Redlines (5610 : Housing Element Implementation (120 mins)) uses, as applicable; and administrative review of affordable housing projects (up to a maximum of 80% of median income only) with 50 units or less.
▪ New or remodeled buildings on property adjacent to the boulevard shall have a minimum façade height to ensure the visual definition of the boulevard’s open space, to be defined in the zoning ordinance. (see Figure 16) ▪ Maximum height of the building façade adjacent to the property line along the boulevard or the intersecting side street shall be defined in the zoning ordinance.
▪ Above the maximum streetwall height, the building shall step back from the boulevard in a manner that will minimize the visual bulk of the overall building as viewed from the public sidewalks and roadway and ensure maximum light, air and sense of openness for the general public. Guidelines or standards for the building mass above the streetwall shall be established in the zoning ordinance. (see Figure 14) ▪ Buildings that share a property line with a residentially-designated property are required to be setback 10 feet from the abutting residential property line. Further, to assure privacy and access to sunlight and air for the adjacent residential use, all new buildings and additions to existing buildings shall not project, except for permitted projections, beyond a building envelope commencing at 25 feet in height above the property line abutting the residential property and from that point, extending at a 45-degree angle from vertical toward the interior of the site. (see Figure 17)
Lincoln and Pico Boulevards
▪ One hundred percent affordable housing projects have a base height of 40 feet (4 stories) and 2.0 FAR, inclusive of any development bonus for affordable housing. Such projects will continue to be provided existing incentives, including: flexibility in providing a reduction in required ground floor pedestrian-oriented uses, which may also include community services, arts, and similar uses, as applicable; reduced parking requirements; and administrative review of affordable housing projects (up to a maximum of 80% of median income only) with 50 units or less.
2.1-43, 44
Neighborhoo
d
Commercial
Development Parameters
Height and FAR with associated setback and step back standards for the Neighborhood Commercial designation are as follows:
NON-HOUSING PROJECTS
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Attachment: Attachment A - LUCE Redlines (5610 : Housing Element Implementation (120 mins)) TIER 1 - BASE HEIGHT
▪ The base height in the Neighborhood Commercial District is 32 feet (2 stories) with a 1.5 FAR. A project will receive an additional 0.25 FAR (1.75 total FAR), by building the required affordable housing units in accordance with the percentage requirements specified in the City’s Affordable Housing Production Program for the project as a whole. A Tier 1 project is ministerial up to the discretionary review threshold established by the Zoning Ordinance. (see Figure 18)
HOUSING PROJECTS
▪ A housing project as defined in the Zoning Ordinance and in compliance with the City’s Affordable Housing Production Program will receive a 4-foot may be developed at 50 feet in height with a 2.25 FAR bonus above the 32-foot base height, ,allowing for an additional floor of housing , by building the required affordable housing units in accordance with the percentage requirements specified in the City’s Affordable Housing Production Program for the project as a whole
▪ Main Street, Ocean Park Boulevard, Montana Avenue: A housing project as defined in the Zoning Ordinance and in compliance with the City’s Affordable Housing Production Program may be developed at 55 feet in height with a 2.5 FAR
All Tiers
▪ One hundred percent affordable housing projects will continue to be provided existingreceive development incentives, including but not limited to: greater building height and FARnot to exceed the allowable maximum height limit at the highest tier, inclusive of any development bonus for affordable housing; reduced parking requirements; flexibility in providing reduction in required ground floor pedestrian- oriented uses, which may also include community services, arts, and similar uses, as applicable. and administrative review of affordable housing projects (up to a maximum of 80% of median income only) with 50 units or less. ▪ Housing projects will be reviewed in accordance with procedures set forth in the Zoning Ordinance.
Pico Boulevard
▪ One hundred percent affordable housing projects have a base height of 40 feet (4 stories) and 2.0 FAR, inclusive of any development bonus for affordable housing. Such projects will continue to be provided existing incentives, including: flexibility in providing a reduction in required ground floor pedestrian-oriented uses, which may also include community services, arts, and similar uses, as applicable; reduced parking requirements; and administrative review of affordable housing projects(up to a maximum of 80% of median income only) with 50 units or less.
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Attachment: Attachment A - LUCE Redlines (5610 : Housing Element Implementation (120 mins))
2.1-45, 46,47
Bergamot
Transit
Village
Land Use Parameters
The Bergamot Transit Village designation allowsfortransit-oriented development and the presence of a world-class creative arts center designed to foster Santa Monica’s important creative arts industry, including production and postproduction uses around the proposed Bergamot Light Rail Station.
New development incorporates human- scale elements, enhances the pedestrian environment, and is built to the sidewalk with minimal or zero setback. New development provides convenient pedestrian and bicycle access to the future Expo Light Rail station. Incentives are provided to create a significant number of affordable, workforce and market- rate housing units, and public infrastructure in this area. The Transit Village designation is intended to capitalize on the potential created by the large public investment in the regional transit system—a system designed to take cars off regional roadways and local streets, helping the City to meet its GHG emission goals.
At the ground floor, uses that can maximize transit ridership such as creative office, retail, cultural, entertainment, and public-serving are allowed. Above the ground floor, residential and creative office uses are allowed. However, the ratio of residential to nonresidential uses should be 40/60. This designation also allows businesses that develop or provide sustainable services and products that are appropriate for the City as well as businesses engaged in advanced research and development.
Development Parameters
Height and FAR with associated setback and step back standards for the Bergamot Transit Village designation are as follows:
NON-HOUSING PROJECTS
TIER 1 - BASE HEIGHT
▪ The base height in the Bergamot Transit Village District is 32 feet (2 stories) with a 1.75 FAR. A project will receive a 7-foot height bonus above the 32-foot base height, allowing for an additional floor of housing, by building the required affordable housing units in accordance with the percentage requirements specified in the City’s Affordable Housing Production Program for the project as a whole. A Tier 1 project is ministerial up to the discretionary review threshold established by the Zoning Ordinance. (see Figures 21 and 22)
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Attachment: Attachment A - LUCE Redlines (5610 : Housing Element Implementation (120 mins)) TIER 2 - ABOVE BASE - WITH COMMUNITY BENEFITS
▪ Subject to a discretionary review process, projects that provide community benefits may request a height up to 60 feet and 3.0 FAR. (see Figure 23)
TIER 3 - ABOVE BASE - WITH ADDITIONAL COMMUNITY BENEFITS ▪ Subject to a discretionary review process and an Area Plan, projects that provide additional community benefits, may request a heightup to 75 feet and 3.5 FAR. Significant variation in rooflines and building form is required with specific standards to be included in the Bergamot Transit Village Area Plan. Pursuant to the plan, projects may also request height up to 81 feet if there is a corresponding percentage decrease in FAR for the actual height above 75’. The ground floor floor-to- floor height above 13.5’ shall not be counted towards the overall height of the building so long as it does not exceed an additional 5’. The average building height shall be a minimum of 10 feet less than the maximum requested height. Development Agreements that have already had a float-up discussionor have submitted a Development Agreement application prior to July 1, 2010 shall be allowed to proceed to formal hearings and acted upon prior to the completion of the Area Plan, provided that the Development Agreement is consistent with the LUCE. (see Figure 24)
▪ Proposals above the base height must provide the City with enumerated community benefits as identified in the “Five Priority Categories of Community Benefits” section of this chapter. Housing and mixed-use housing projects will be required to provide a percentage of affordable units either on- or off- site. Other projects will contribute applicable project mitigation fees for the purpose of addressing affordable housing requirements.
HOUSING PROJECTS
▪ A housing project as defined in the Zoning Ordinance and in compliance with the City’s Affordable Housing Production Program, will receive a 4-foot may be developed up to 84 feet in height with a 4.0 FAR bonus above the 32-foot base height, ,allowing for an additional floor of housing , by building the required affordable housing units in accordance with the percentage requirements specified in the City’s Affordable Housing Production Program for the project as a whole
▪ One hundred percent affordable housing projects will continue to be provided existingreceive development incentives, including but not limited to: greater building height and FARnot to exceed the allowable maximum height limit at the highest tier, inclusive of any development bonus for affordable housing; reduced parking requirements; flexibility in providing reduction in required ground floor pedestrian- oriented uses, which may also include community services, arts, and similar uses, as applicable. and administrative review of affordable housing
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Attachment: Attachment A - LUCE Redlines (5610 : Housing Element Implementation (120 mins)) projects (up to a maximum of 80% of median income only) with 50 units or less. ▪ Housing projects will be reviewed in accordance with procedures set forth in the Zoning Ordinance. .
ALL PROJECTSTIERS
▪ One hundred percent affordable housing projects will continue to be provided existing incentives, including: building height not to exceed the allowable maximum height limit at the highest tier, inclusive of any development bonus for affordable housing; reduced parking requirements; flexibility in providinga reduction in required ground floor pedestrian- oriented uses, which may also include community services, arts, and similar uses, as applicable; and administrative review of affordable housing projects (up to a maximum of 80% of median income only) with 50 units or less. ▪ New or remodeled buildings on property adjacent to the boulevard shall have a minimum façade height to ensure the visual definition of the boulevard’s open space, to be defined in the zoning ordinance. (see Figure 25) ▪ Maximum height of the building façade adjacent to the property line along the boulevard or the intersecting side street shall be defined in the zoning ordinance. (see Figures 23 and 24) ▪ Above the maximum streetwall height, the building shall step back from the boulevard in a manner that will minimize the visual bulk of the overall building as viewed from the public sidewalks and roadway and ensure maximum light, air and sense of opennessfor the general public. Guidelines or standards for the building mass above the streetwall shall be established in the zoning ordinance. (see Figures 23 and 24) ▪ Buildings that share a property line with a residentially-designated property are required to be setback at least 10 feet from the abutting residential property line. Further, to assure privacy and access to sunlight and air for the adjacent residential use, all new buildings and additions to existing buildings shall not project, except for permitted projections, beyond a building envelope commencing at 25 feet in height above the property line abutting the residential property or where there is an alley abutting the residentially-designated property, the centerline of the alley, and from that point, extending at a 45-degree angle from vertical towards the interior of the site. (see Figure 26)
2.1-48, 49,50
Mixed-Use
Development Parameters
Height and FAR with associated setback and step back standards for the Mixed-Use Creative designation are as follows:
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Attachment: Attachment A - LUCE Redlines (5610 : Housing Element Implementation (120 mins)) Creative NON-HOUSING PROJECTS
TIER 1 - BASE HEIGHT
▪ The base height in the Mixed-Use Creative District is 32 feet (2 stories) with a 1.5 FAR.
A project will receive a 4-foot height bonus above the 32-foot base height, allowing for an additional floor of housing, by building the required affordable housing units in accordance with the percentage requirements specified in the City’s Affordable Housing Production Program for the project as a whole. A Tier 1 project is ministerial up to the discretionary review threshold established by the Zoning Ordinance. (see Figures 27 and 28)
TIER 2 - ABOVE BASE - WITH COMMUNITY BENEFITS
▪ Subject to a discretionary review process, projects that provide community benefits may request a height up to 47 feet and 2.0 FAR. (see Figure 29) TIER 3 - ABOVE BASE - WITH ADDITIONAL COMMUNITY BENEFITS ▪ Subject to a discretionary review process, projects that include additional community benefits, may request a height up to 57 feet and 2.5 FAR. (see Figure 30) ▪ Proposals above the base height must provide the City with enumerated community benefits as identified in the “Five Priority Categories of Community Benefits” section of this chapter. Housing and mixed-use housing projects will be required to provide a percentage of affordable units either on- or off- site. Other projects will contribute applicable project mitigation fees for the purpose of addressing affordable housing requirements.
HOUSING PROJECTS
▪MUC North of Pennsylvania Avenue Parcel Line or South of Expo Bike Path: A housing project as defined in the Zoning Ordinance and in compliance with the City’s Affordable Housing Production Program, will receive a 4-foot may be developed up to 70 feet in height with a 3.25 FAR bonus above the 32-foot base height, ,allowing for an additional floor of housing, by building the required affordable housing units in accordance with the percentage requirements specified in the City’s Affordable Housing Production Program for the project as a whole ▪MUC Remainder: A housing project as defined in the Zoning Ordinance and in compliance with the City’s Affordable Housing Production Program, may be developed up to 84 feet in height with a 4.0 FAR ▪ One hundred percent affordable housing projects will continue to be provided existingreceive development
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Attachment: Attachment A - LUCE Redlines (5610 : Housing Element Implementation (120 mins)) incentives, including but not limited to: greater building height and FARnot to exceed the allowable maximum height limit at the highest tier, inclusive of any development bonus for affordable housing; reduced parking requirements; flexibility in providing reduction in required ground floor pedestrian- oriented uses, which may also include community services, arts, and similar uses, as applicable. and administrative review of affordable housing projects (up to a maximum of 80% of median income only) with 50 units or less. ▪ Housing projects will be reviewed in accordance with procedures set forth in the Zoning Ordinance.
ALL PROJECTSTIERS
▪ One hundred percent affordable housing projects will continue to be provided existing incentives, including: building height not to exceed the allowable maximum height limit at the highest tier, inclusive of any development bonus for affordable housing; reduced parking requirements; flexibility in providinga reduction in required ground floor pedestrian- oriented uses, which may also include community services, arts, and similar uses, as applicable; and administrative review of affordable housing projects (up to a maximum of 80% of median income only) with 50 units or less. ▪ New or remodeled buildings on property adjacent to the boulevard shall have a minimum façade height to ensure the visual definition of the boulevard’s open space, to be defined in the zoning ordinance or Bergamot Area Plan. (see Figure 31)
▪ Maximum height of the building façade adjacent to the property line along the boulevard or the intersecting side street shall be defined in the zoning ordinance or Bergamot Area Plan. (see Figures 29 and 30) ▪ Above the maximum streetwall height, the building shall step back from the boulevard in a manner that will minimize the visual bulk of the overall building as viewed from the public sidewalks and roadway and ensure maximum light, air and sense of openness for the general public. Guidelines or standards for the building mass above the streetwall shall be established in the zoning ordinance or Bergamot Area Plan. (see Figures 29 and 30) ▪ Buildings that share a property line with a residentially-designated property are required to be setback at least 10 feet from the abutting residential property line. Further, to assure privacy and access to sunlight and air for the adjacent residential use, all new buildings and additions to existing buildings shall not project, except for permitted projections, beyond a building envelope commencing at 25 feet in height above the property line abutting the residential property or where there is an alley abutting the residentially-designated property, the centerline of the alley, and from that point, extending at a 45-degree angle from vertical towards the interior of the site. (see Figure 32)
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Attachment: Attachment A - LUCE Redlines (5610 : Housing Element Implementation (120 mins))
2.1-53, 54,
Beach and
Oceanfront
Development Parameters
Height and FAR with associated setback and step back standards for the Beach and Oceanfront District designation are as follows:
TIER 1 - BASE HEIGHT
▪ The base height in the Beach and Oceanfront District is 32 feet (2 stories) with a 1.5 FAR. A project will receive a 4 foot height bonus above the 32 foot base height, allowing for an additional floor of housing, by building the required affordable housing units in accordance with the percentage requirements specified in the City’s Affordable Housing Production Program for the project as a whole. A Tier 1 project is ministerial up to the discretionary review threshold established by the Zoning Ordinance. (see Figures 33 and 34) TIER 2 - ABOVE BASE - WITH COMMUNITY BENEFITS
▪ Subject to a discretionary review process, projects that provide community benefits may request a height up to 47 feet and 2.0 FAR. Projects that provide additional community benefits may request a 2.25 FAR. (see Figure 35) ▪ Proposals above the base height must provide the City with enumerated community benefits as identified in the “Five Priority Categories of Community Benefits” section of this chapter. Housing and mixed-use housing projects will be required to provide a percentage of affordable units either on- or off- site. Other projects will contribute applicable project mitigation fees for the purpose of addressing affordable housing requirements.
ALL TIERS
▪ One hundred percent affordable housing projects will continue to be provided existing incentives, including: building height not to exceed the allowable maximum height limit at the highest tier, inclusive of any development bonus for affordable housing; reduced parking requirements; flexibility in providing a reduction in required ground floor pedestrian- oriented uses, which may also include community services, arts, and similar uses, as applicable; and administrative review of affordable housing projects (up to a maximum of 80% of median income only) with 50 units or less. ▪ New or remodeled buildings on property adjacent to the boulevard shall have a minimum façade height to ensure the visual definition of the boulevard’s open space, to be defined in the zoning ordinance. (see Figure 36) ▪ Maximum height of the building façade adjacent to the property line along the boulevard or the intersecting side street shall be defined in the zoning ordinance.
(see Figure 35))
▪ Above the maximum streetwall height, the building shall step back from the boulevard in a manner that will minimize the visual bulk of the overall building as viewed from the public sidewalks and roadway and ensure maximum
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Attachment: Attachment A - LUCE Redlines (5610 : Housing Element Implementation (120 mins)) light, air and sense of openness for the general public. Guidelines or standards for the building mass above the streetwall shall be established in the zoning ordinance. (see Figure 35) ▪ Buildings that share a property line with a residentially-designated property are required to be setback at least 10 feet from the abutting residential property line. Further, to assure privacy and access to sunlight and air for the adjacent residential use, all new buildings and additions to existing buildings shall not project, except for permitted projections, beyond a building envelope commencing at 25 feet in height above the property line abutting the residential property or where there is an alley abutting the residentially-designated property, the centerline of the alley, and from that point, extending at a 45-degree angle from vertical towards the interior of the site. (see Figure 37) ▪ Housing projects will be reviewed in accordance with procedures set forth in the Zoning Ordinance.
2.1-54
Employment
&
Commerce:
Land Use Parameters
The Industrial Conservation designation is intended to provide an area where existing light industrial uses may continue to serve the community. The designation also provides a place for the adaptive reuse of industrial buildings into affordable workspace for artists and the creative industries. Over time, the district evolves into a center where research and development offices and businesses that support the City’s sustainability objectives may locate.
Allowable land uses within this district include light industrial uses, including businesses engaged in design, development, manufacturing, fabricating, testing, or assembly of various products, which will provide employment for workers with various skills. Housing shall also be allowed in the district. This area also allows incubator business opportunities, including sustainable industries that are appropriate for the City, as well as small visual and performing arts studios. One hundred percent affordable housing is allowed in limited areas.
Additionally, auto dealers are allowed to locate storage and service facilities in this area. A discretionary approval process may be implemented to authorize auto sales subject to a project-specific environmental review that considers reasonably foreseeable land use changes within the Industrial Conservation District.
2.1-55
Employment
&
Commerce:
Development Parameters
Height and FAR with associated setback and step back standards for the Industrial Conservation designation are:
NON-HOUSING PROJECTS
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Attachment: Attachment A - LUCE Redlines (5610 : Housing Element Implementation (120 mins)) Industrial
Conservation
TIER 1 - BASE HEIGHT
▪ The base height in the Industrial Conservation District is 32 feet (2 stories) with a 1.5 FAR. A Tier 1 project is ministerial up to the discretionary review threshold established by the Zoning Ordinance. (see Figure 38) TIER 2 - WITH COMMUNITY BENEFITS
▪ Subject to a discretionary review process, projects that provide community benefits may request a height up to 45 feet and 2.25 FAR. (see Figure 39)
HOUSING PROJECTS
▪ A housing project as defined in the Zoning Ordinance and in compliance with the City’s Affordable Housing Production Program, will receive a 4-foot may be developed up to 65 feet in height with a 3.0 FAR bonus above the 32-foot base height,allowing for an additional floor of housing, by building the required affordable housing units in accordance with the percentage requirements specified in the City’s Affordable Housing Production Program for the project as a whole
▪ One hundred percent affordable housing projects will continue to be provided existing receive development incentives, including but not limited to: greater building height and FARnot to exceed the allowable maximum height limit at the highest tier, inclusive of any development bonus for affordable housing; reduced parking requirements; flexibility in providing reduction in required ground floor pedestrian- oriented uses, which may also include community services, arts, and similar uses, as applicable. and administrative review of affordable housing projects (up to a maximum of 80% of median income only) with 50 units or less. ▪ Housing projects will be reviewed in accordance with procedures set forth in the Zoning Ordinance.
ALL PROJECTSTIERS
▪ One hundred percent affordable housing projects will continue to be provided existing incentives, including: building height not to exceed the allowable maximum height limit at the highest tier, inclusive of any development bonus for affordable housing; reduced parking requirements; flexibility in providing a reduction in required ground floor pedestrian- oriented uses, which may also include community services, arts, and similar uses, as applicable; and administrative review of affordable housing projects (up to a maximum of 80% of median income only) with 50 units or less.
▪ New or remodeled buildings on property adjacent to the boulevard shall have a minimum façade height to ensure the visual definition of the boulevard’s open space, to be defined in the zoning ordinance. (see Figure 40)
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Attachment: Attachment A - LUCE Redlines (5610 : Housing Element Implementation (120 mins)) ▪ Maximum height of the building façade adjacent to the property line along the boulevard or the intersecting side street shall be defined in the zoning ordinance. (see Figure 39) ▪ Above the maximum streetwall height, the building shall step back from the boulevard in a manner that will minimize the visual bulk of the overall building as viewed from the public sidewalks and roadway and ensure maximum light, air and sense of opennessfor the general public. Guidelines or standards for the building mass above the streetwall shall be established in the zoning ordinance. (see Figure 39) ▪ Buildings that share a property line with a residentially-designated property are required to be setback at least 10 feet from the abutting residential property line. Further, to assure privacy and access to sunlight and air for the adjacent residential use, all new buildings and additions to existing buildings shall not project, except for permitted projections, beyond a building envelope commencing at 25 feet in height above the property line abutting the residential property or where there is an alley abutting the residentially-designated property, the centerline of the alley, and from that point, extending at a 45-degree angle from vertical towards the interior of the site.
2.1-55,56, 57
Employment
&
Commerce:
Office
Campus
Vision
Areas designated as Office Campus provide for office and related uses in limited areas of the City. Housing shall also be allowed in the district.
Land Use Parameters
The Office Campus designation is applied to limited areas of the City that are currently developed with substantial office campus uses. and are not expected to change during the time horizon of this Land Use Element. No new areas are designated with the Office Campus land use designation. Most properties within this designation are largely controlled by Development Agreements. However, in the Airport Business Park, a Specific Plan will be prepared by 2015 that will establish appropriate land uses. Typical uses may include retail, restaurants, a wide range of office uses, research and development, and advanced technology.
Development Parameters
In the Airport Business Park, a Specific Plan is required before significant new development, other than housing projects, may occur. The Specific Plan will establish appropriate development standards, however, the following standards are applicable during the intervening period.
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Attachment: Attachment A - LUCE Redlines (5610 : Housing Element Implementation (120 mins))
NON-HOUSING PROJECTS
TIER 1 - BASE HEIGHT
▪ The base height in the Office Campus District is 32 feet (2 stories) with a 1.5 FAR. A Tier 1 project is ministerial up to the discretionary review threshold established by the Zoning Ordinance. (see Figures 41 and 42)
TIER 2 - WITH COMMUNITY BENEFITS
▪ Subject to a discretionary review process, projects that provide community benefits may request a height up to 45 feet and 1.75 FAR.
(see Figure 43)
HOUSING PROJECTS
▪ A housing project as defined in the Zoning Ordinance and in compliance with the City’s Affordable Housing Production Program, may be developed at 60 feet in height with a 2.75 FAR.
ALL PROJECTSTIERS
▪ New or remodeled buildings on property adjacent to the boulevard shall have a minimum façade height to ensure the visual definition of the boulevard’s open space, to be defined in the zoning ordinance. (see Figure 44)
▪ Maximum height of the building façade adjacent to the property line along the boulevard or the intersecting side street shall be defined in the zoning ordinance. (see Figure 43) ▪ Above the maximum streetwall height, the building shall step back from the boulevard in a manner that will minimize the visual bulk of the overall building as viewed from the public sidewalks and roadway and ensure maximum light, air and sense of opennessfor the general public. Guidelines or standards for the building mass above the streetwall shall be established in the zoning ordinance. (see Figure 43) ▪ Buildings that share a property line with a residentially-designated property are required to be setback at least 10 feet from the abutting residential property line. Further, to assure privacy and access to sunlight and air for the adjacent residential use, all new buildings and additions to existing buildings shall not project, except for
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Attachment: Attachment A - LUCE Redlines (5610 : Housing Element Implementation (120 mins)) permitted projections, beyond a building envelope commencing at 25 feet in height above the property line abutting the residential property or where there is an alley abutting the residentially-designated property, the centerline of the alley, and from that point, extending at a 45-degree angle from vertical towards the interior of the site. (see Figure 45)
▪ One hundred percent affordable housing projects will receive development incentives, including but not limited to:
greater building height and FAR, reduced parking requirements; flexibility in providing reduction in required ground floor pedestrian- oriented uses, which may also include community services, arts, and similar uses, as applicable. ▪ Housing projects will be reviewed in accordance with procedures set forth in the Zoning Ordinance.
2.1-57, 58
Healthcare
Mixed-Use
Land Use Parameters
The Healthcare Mixed-Use designation allows for a variety of uses that support the City’s two hospitals and ensures that these uses are allowed to expand, while being sensitive to the surrounding residential neighborhoods in ways that meet the healthcare needs of the City and the subregion.
Allowed uses include hospital and medical office uses, pharmacies, residential care, rehabilitation and outpatient clinics, affordable, workforce and market-rate housing targeted at hospital employees, extended stay lodging for patient families, and supporting retail uses.
Development Parameters
Development standards within theHealthcare Mixed-Use District are as established within theHospitalAreaSpecific Plan(HASP).The HASP will be updated to adapt to changing conditions within the district.Zoning Code, a new HASP, and/or, with respect to Providence Saint John’s Health Center, a Master Plan.
2.2-38
Goal N23
GOAL N23: Protect, preserve and enhance theMid-Cityresidentialneighborhoodand ensure compatible design.
POLICIES:
N23.1 Develop a program to encourage the protection of existing single family and multi-family residential properties in the Mid- City neighborhood. Options that could be explored include the following citywideactions:
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Attachment: Attachment A - LUCE Redlines (5610 : Housing Element Implementation (120 mins)) ▪ Developing a pattern book.
▪ Modifying development standards
▪ Modifying demolition regulations
▪ Establishing a TDR program for historic properties and courtyard housing N23.2 Provide additional protections for areas within Mid-City that are adjacent to the proposed Healthcare District and the Mixed- Use Creative District. Such protections could include:
▪ Protections for the neighborhood in the development of the Healthcare Specific Plan and the Area Plan for the Mixed-Use Creative District Area Plan
▪ Working with the Santa Monica-UCLA Medical Center and Saint John’s Health Center on the development of a comprehensive circulation and parking strategy for the districts, employing aggressive Transportation Demand Management programs to mitigate potential impacts on adjacent residential neighborhoods and providing enhanced parking enforcement in the neighborhoods ▪ Designating adjacent residential areas as Neighborhood Conservation Overlay Districts ▪ Requiring clear edges and additional landscaping between the districts and the neighborhoods ▪ Increasing connectivity between the districts and the neighborhoods through enhanced pedestrian and bicycle facilities
▪ Ensuring that streets and sidewalks are recognized as important green open space with improved quality and enhanced connectivity
N23.3 Develop a neighborhood improvement program for the Mid-City neighborhood that would describe City programs and infrastructure improvement actions that are planned for the intermediate-term and long- term periods. The improvements could include street lighting, sidewalks, and street trees.
2.4-8
Wilshire
Boulevard
WILSHIRE BOULEVARD GOALS AND POLICIES
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Attachment: Attachment A - LUCE Redlines (5610 : Housing Element Implementation (120 mins)) GOAL B1: Transform Wilshire Boulevard from a vehicle dominated street into a livable, enhanced pedestrian open space that is wellservedbytransitandincludesalocal- serving mix ofuses.
POLICIES:
B1.1 Establish Wilshire Boulevard as a dynamic mixed-use boulevard with a continuous landscaped center median, an enhanced pedestrian experience and improved transit facilities and traffic circulation.
B1.2 Include a mix of uses in new and redeveloped projects including ground level local-serving retail and neighborhood services. Land uses above the ground floor should predominantly include a wide range of marketrate and affordable housing units. Small floor plate and local-serving office uses are encouraged on the south side of Wilshire Boulevard within the boundaries of the Healthcare Mixed-Use District of the Healthcare Specific Plan area.
B1.3 Existing automobile dealerships on Wilshire may remain as permitted uses and may expand if developed according to the urban automobile dealership format as described for Santa Monica Boulevard. New automobile dealerships are discouraged.
B1.4 Encourage mid-price range hotels along the boulevard.
B1.5 In order to create an interesting skyline, avoid uniformly flat roofs.
B1.6 Ensure that buildings fronting Wilshire Boulevard have primary façades facing the boulevard and located on the property line or back side of the sidewalk. However, to encourage a lively streetscape with places for people to socialize, small landscaped gathering spaces and plazas are encouraged.
B1.7 Scale buildings to the pedestrian to create an intimate sidewalk walking/shopping experience. Ensure that ground floor façades include enhanced materials and detailing where they will be perceived by passing pedestrians.
B1.8 Design buildings with a variety of heights, architectural elements and shapes to create visual interest along the boulevard. Walls should have meaningful combinations of materials and articulation to engage the eye.
B1.9 Ensure that new commercial or mixed- use buildings adjacent to residential districts are contained within a prescribed building envelope that steps down toward the residential district to maintain access to light and air.
B1.10 Mostly limit gGround floor uses to with active retailshall be with generally continuous, transparent (non8.A.a Packet Pg. 86
Attachment: Attachment A - LUCE Redlines (5610 : Housing Element Implementation (120 mins)) tinted) display windows facing the sidewalk.
B1.11 Ensure that mixed-use developments include active ground floor uses that face the boulevard with residential as the predominant use located on the upper floors. Ground floor residential uses may be allowed if designed in a pedestrian-oriented manner with features such as street-facing main entrances, stoops, patios, and fenestration. Medical uses may be located on the south side of Wilshire between Euclid Street and 24th Street., which is within the boundaries of the potential new HASP.
B1.12 Ensure that mixed-use areas contain a mix of local-serving retail (or healthcare uses within the Healthcare Specific Planboundaries of the Healthcare Mixed-Use District) and predominantly upper-level residential uses to create distinct neighborhood environments with 17 hours per day/7 days per week pedestrian activity.
B1.13 Offices and other limited pedestrian access uses are discouraged on the ground floor facing the boulevard.
Entrances to upper- level uses, such as lobbies, shall be limited in length along the sidewalk.
B1.14 Encourage affordable and workforce housing in proximity to transit and major employment centers.
B1.15 Encourage sidewalk dining where it meets established criteria.
B1.16 Require new incentivized development above the base to participate in shared parking and Transportation Demand Management strategies.
2.4-13
Santa
Monica
Boulevard
Land Use Parameters
(See chapter 2.1 Land Use Policy and Designations for further information.) CLOVERFIELD TO 20TH STREET:
Mixed-Use Boulevard Low, Healthcare Mixed-Use, Institutional/Public Lands The predominance of healthcare uses will continue to shape the personality and character of this segment of the boulevard. New healthcare and support facilities, open spaces and additional community benefits are envisioned to emerge over time. Additional open space in the form of a green corridor along the boulevard will assist in accommodating the high volume of pedestrian traffic. Following repeal of the outdated Hospital Area Specific Plan, the size,scale and intensity of development are established in the Zoning Code, and a Master Plan for Providence Saint
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Attachment: Attachment A - LUCE Redlines (5610 : Housing Element Implementation (120 mins)) John’s Health Care Center. This sub-area of Santa Monica Boulevard is characterized by an enhanced, active pedestrian environment with landscaped open space and pedestrian areas with ground floor patient-oriented retail and “storefront” out-patient medical uses. Less intensive medical facilities and workforce housing designed to serve employees in the healthcare industry will be located on upper floors. A parking district ensures adequate parking and an efficient shared parking program. An integrated TDM program for the Healthcare District, including shuttles to the Memorial Park Light Rail Station, will result in a substantial reduction in vehicle trips.
SANTA MONICA BOULEVARD GOALS AND POLICIES
GOAL B4: Create an enhanced multi- modal,mixed-useboulevardthatprovides residents,employeesandvisitorswithan inviting pedestrian environment.
POLICIES:
B4.1 Ensure that buildings fronting Santa Monica Boulevard have their primary façades facing the boulevard and located on the property line or back side of the sidewalk. However, to support a lively streetscape with places for people to socialize, small landscaped gathering spaces and plazas are encouraged.
B4.2 Scale buildings to the pedestrian to create an intimate sidewalk walking/shopping experience. Include enhanced materials and detailing where ground floor façades are perceived by passing pedestrians.
B4.3 Design buildings with a variety of heights, architectural elements and shapes to create visual interest along the boulevard. Walls should have meaningful combinationsof materials and articulation to engage the eye.
B4.4 In order to create an interesting skyline, avoid uniformly flat roofs.
B4.5 Ensure that new commercial or mixed- use buildings adjacent to residential districts are contained within a prescribed building envelope that steps down toward the residential district to maintain access to light and air.
B4.6 Mostly limit gGround floor uses to with active retail shall be with generally continuous, transparent (non-tinted) display windows facing the sidewalk.
B4.7 Ensure that mixed-use developments have active ground floor uses that face the boulevard with residential as the predominant use located on the upper floors east of 23rd Street. Ground floor residential uses may be allowed if designed in a pedestrian-oriented manner with features such as street-facing main entrances, stoops, patios, and fenestration. Small floor plate, local-serving medical offices may also be located on the upper floors within the Healthcare Mixed-Use designation.
B4.8 Offices and other limited pedestrian access uses are discouraged on the ground floor facing the boulevard.
Entrances to upper- level uses, such as lobbies, shall be limited in length along the sidewalk.
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Attachment: Attachment A - LUCE Redlines (5610 : Housing Element Implementation (120 mins)) B4.9 Encourage affordable and workforce housing in proximity to transit and major employment centers.
B4.10 Encourage sidewalk dining where it meets established criteria.
B4.11 Require new incentivized development above the base height to participate in a shared parking district and Transportation Demand Management (TDM) strategies.
B4.12 Enhance the streetscape environment to create an inviting pedestrian environment.
B4.13 Improve pedestrian crosswalks along the length of the boulevard.
B4.14 Discourage north-south alley access to Santa Monica Boulevard and explore alternative routing.
2.4-19-26
“Broadway”
segments
including OC
district
(2.4-21)
Strategic Approach
To encourage the upgrading of the underutilized properties in this area, additional height above the base height may be requested for projects that include community benefits, and housing projects will be provided with additional height and FAR such as affordable housing, shared parking or open space. Additionally, this segment within the Office Campus District may also provide a diversity of housing types. The height of new development steps down toward adjacent residential properties. For all new developments, shared parking and participation in area-wide TDM strategies is encouraged.
(2.4-24)
Strategic Approach
To enhance the pedestrian experience, ground level uses are encouraged to have display windows with exhibits that represent the business, and vehicular access is discouraged from Broadway. Ground floor residential usesin limited locations are required to be designed in a pedestrian-oriented manner with features GOAL B6: Create an enhanced mixed-use, pedestrian- and bicycle-oriented boulevard that provides residents, employees
and visitors with an inviting landscaped pedestrian environment.
POLICIES:
B6.1 Ensure that buildings fronting Broadway have their primary façades facing the boulevard and located on
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Attachment: Attachment A - LUCE Redlines (5610 : Housing Element Implementation (120 mins)) the property line or back side of the sidewalk. However, to encourage a lively streetscape with placesfor people to socialize, small landscaped gathering spaces and plazas are encouraged.
B6.2 Scale buildings to the pedestrian to create an intimate sidewalk walking/shopping experience. Ground floor façades should include enhanced materials and detailing where they will be perceived by passing pedestrians.
B6.3 Design buildings with a variety of heights, architectural elements and shapes to create visual interest along the boulevard.
Walls should have meaningful combinationsof materials and articulation to engage the eye.
B6.4 In order to create an interesting skyline, avoid uniformly flat roofs.
B6.5 Ensure that new commercial or mixed- use buildings adjacent to residential districts are contained within a prescribed building envelope that steps down toward the residential district to maintain access to light and air.
B6.6 Limit ground floor uses to mostly active retail with generally continuous, transparent (non-tinted) display windows facing the sidewalk.
B6.7 Ensure that mixed-use developments have active ground floor uses that face Broadway with predominantly residential located on the upper floors. Ground floor residential uses may be allowed in limited areas if designed in a pedestrian-oriented manner with featuressuch asstreet-facingmain entrances, stoops, patios, and fenestration.
B6.8 General office and other limited pedestrian access uses are discouraged on the ground floor facing Broadway. Entrances to upper-level uses, such as lobbies, shall be limited in length along the sidewalk.
B6.9 Affordable and workforce housing should be encouraged in proximity totransit and major employment centers.
B6.10 Encourage sidewalk dining where it meets established criteria.
B6.11 Require new incentivized development above the base to participate in a shared parking district and Transportation Demand Management strategies.
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Attachment: Attachment A - LUCE Redlines (5610 : Housing Element Implementation (120 mins)) B6.12 Enhance the streetscape environment to create an inviting pedestrian environment. The replacement of character- defining streetscape elements, such as street lamps, should respect the existing character of the boulevard to the greatest extent feasible, and be completed in accordance with City policy.
B6.13 Improve pedestrian crosswalks along the length of Broadway. (2.4-26)
GOAL B7: Develop an integrated patternoflandusesalongBroadwayto preserveexistinglow-densityresidential neighborhoods, create “incubator” spacesforthe creative arts, and provide opportunitiesforaffordableandworkforce housing tosupportnearbyemployment centers.
POLICIES:
B7.1 Preserve existing low-density residential neighborhoods east of 26th Street.
B7.2 Encourage affordable and workforce housing in proximity to major employment centers as a community benefit.
B7.3 Encourage a mix of residential, small- scale retail and creative arts uses between 20th Street and Lincoln Boulevard.
2.4-27-34
“Colorado”
segments
including OC
district
COLORADO AVENUE GOALS AND POLICIES
GOAL B10: Create an enhanced mixed-use, pedestrianboulevardthatprovidesresidents, employees and visitors with an inviting landscaped pedestrianenvironment.
POLICIES:
B10.1 Ensure that buildings fronting Colorado Avenue have their primary façades facing the street and located on the property line or back side of the sidewalk. However, to encourage a lively streetscape with places for people to socialize, small landscaped gathering spaces and plazas are encouraged.
B10.2 Scale buildings to the pedestrian to create an intimate sidewalk walking/shopping experience. Ground floor façades should include enhanced materials and detailing where they will be perceived by passing pedestrians.
B10.3 Design buildings with a variety of heights, architectural elements and shapes to create visual interest along the boulevard. Walls should have meaningful combinationsof materials and articulation to engage the eye.
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Attachment: Attachment A - LUCE Redlines (5610 : Housing Element Implementation (120 mins)) B10.4 In order to create an interesting skyline, avoid uniformly flat roofs.
B10.5 Ensure that new commercial or mixed-use buildings adjacent to residential districts are contained within a prescribed building envelope that steps down toward the residential district to maintain access to light and air.
B10.6 Limit gGround floor uses to mostly with active retail shall be with generally continuous, transparent (non-tinted) display windows facing the sidewalk.
B10.7 Ensure that mixed-use developments have active ground floor uses that face Colorado Avenue with predominantly residential located on the upper floors. Ground floor residential uses may be allowed if designed in a pedestrian-oriented manner with features such as street-facing main entrances, stoops, patios, and fenestration. In the activity centers and Mixed-Use Creative designation, creative arts uses may also be located on upper floors.
B10.8 General office and other limited pedestrian access uses are discouraged on the ground floor facing Colorado Avenue. Entrances to upper-level uses, such as lobbies, shall be limited in length along the sidewalk.
B10.9 Arts and entertainment uses are encouraged in a mixed-use pattern balanced with residential and local-serving retail to create a complete neighborhood.
B10.10 Encourage affordable and workforce housing in proximity to transit and major employment centers.
B10.11 Encourage sidewalk dining where it meets established criteria.
B10.12 Require new incentivized development above the base to participate in a shared parking district and Transportation Demand Management strategies.
B10.13 Enhance the streetscape to create an inviting pedestrian environment.
B10.14 Improve pedestrian crosswalks along the length of Colorado Avenue.
2.4-35-42
“Olympic”
segments
including OC,
IC districts
(2.4-38)
Strategic Approach
Policies encourage the retention of the existing light industrial, education and creative art uses and the development of new buildings designed to facilitate “incubator” industrial space. While the preservation of industrial uses is the priority for this area, a limitednumber of sites may be appropriate for100 percent affordable
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Attachment: Attachment A - LUCE Redlines (5610 : Housing Element Implementation (120 mins)) a diversity of housing types should also be allowed in efforts to expand housing opportunities within this corridor. (2.4-40)
Strategic Approach
The Industrial Conservation area preserves existing light industrial-type services and encourages similar new uses. Additionally, this segment of Olympic Boulevard may also provide a diversity of housing types.Residential uses are prohibited and building heights are limited; therefore, except for the enhanced streetscape and median, the boulevard is expected to maintain its existing character. The sStreetscape enhancements for this area include acknowledgements to the historic terminus of Route 66 at Olympic and Lincoln Boulevards.
OLYMPIC BOULEVARD GOALS AND POLICIES
GOAL B15: Develop an integrated pattern of land uses along Olympic Boulevard to establish a new mixed-use district with opportunities for affordable and workforce housing to support nearby employment centers, andanemphasis onthe boulevard’s closeproximitytotheExpoLightRailline.
POLICIES:
B15.1 Ensure that buildings fronting Olympic Boulevard have primary façades facing the street and located on the property line or back side of the sidewalk. However, to encourage a lively streetscape with places for people to socialize, small landscaped gathering spaces and plazas are encouraged.
B15.2 Scale buildings to the pedestrian to create an intimate sidewalk walking/shopping experience. Ground floor façades should include enhanced materials and detailing where they will be perceived by passing pedestrians.
B15.3 Design buildings with a variety of heights, architectural elements and shapes to create visual interest along the boulevard. Walls should have meaningful combinationsof materials and articulation to engage the eye.
B15.4 In order to create an interesting skyline, avoid uniformly flat roofs.
B15.5 Ensure that new commercial or mixed-use buildings adjacent to residential districts are contained within a prescribed building envelope that steps down toward the residential district to maintain access to light and air.
B15.6 In areas where residential uses are found to be appropriate and beneficial to the community along Olympic Boulevard, the first residential floor mayshould be located one half level above the sidewalk and set
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Attachment: Attachment A - LUCE Redlines (5610 : Housing Element Implementation (120 mins)) back to provide for privacy.
B15.7 Limit gGround floor uses to mostly with active retail shall be with generally continuous, transparent (non-tinted) display windows facing the sidewalk.
B15.8 Mixed-use developments should have active ground floor uses that face the boulevard with residential located on theupper floors. Ground floor residential uses may be allowed if designed in a pedestrianoriented manner with features such as street-facing main entrances, stoops, patios, and fenestration. Entrances to upper-level uses, such as lobbies, should be limited in length along the sidewalk. Uses engaged in the creative arts may also be located on the upper floors within the Bergamot Transit Village and Mixed Use Creative designations. Within the Industrial Conservation designation, light industrial uses may be also be located on the upper floors.
2.4-52
Pico
Boulevard
PICO BOULEVARD GOALS AND POLICIES
GOAL B18: Support a mixed-use pattern alongtheentirelengthofPicoBoulevard toestablishapedestrian-friendlytransit corridorwithaseriesofactivitynodes.
POLICIES:
B18.1 Prepare a Pico Boulevard Area Plan that provides detailed direction and an implementation strategy for Pico Boulevard.
B18.2 Ensure that buildings fronting Pico Boulevard have their primary façades facingthe street and located on the property line or back side of the sidewalk. However, to encourage a lively streetscape with places for people to socialize, small landscaped gathering spaces and plazas are encouraged.
B18.3 Scale buildings to the pedestrian to create an intimate sidewalk walking/shopping experience.
Ground floor façades should include enhanced materials and detailing where they will be perceived by passing pedestrians.
B18.4 Design buildings with a variety of heights, architectural elements and shapes to create visual interest along the boulevard. Walls should have meaningful combinationsof materials and articulation to engage the eye.
B18.5 In order to create an interesting skyline, avoid uniformly flat roofs.
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Attachment: Attachment A - LUCE Redlines (5610 : Housing Element Implementation (120 mins)) B18.6 Ensure that new commercial or mixed-use buildings adjacent to residential districts are contained within a prescribed building envelope that steps down toward the residential district to maintain access to light and air.
B18.7 Limit gGround floor uses to mostly with active retail shall be with generally continuous, transparent (non-tinted) display windows facing the sidewalk.
B18.8 Ensure that mixed-use developments have active ground floor uses that face the boulevard with residential as the predominant use located on the upper floors. Ground floor residential uses may be allowed if designed in a pedestrian-oriented manner with features such as street-facing main entrances, stoops, patios, and fenestration. Small floor plate, local-serving offices may also be located on the upper floors within the Neighborhood Commercial and General Commercial designations.
B18.9 Discourage general office and other limited pedestrian access uses on the ground floor facing Pico Boulevard. Entrances to upper-level uses, such as lobbies, shall be limited in length along the sidewalk.
B18.10 Encourage affordable and workforce housing in proximity to transit and major employment centers.
B18.11 Encourage sidewalk dining where it meets established criteria.
B18.12 Require new incentivized development above the base to participate in a shared parking district and TDM strategies.
2.4-53-62
“Ocean Park”
segments
including OC
district
(2.4-54)
Strategic Approach
Santa Monica Airport/Business Park Specific Plan is prepared to transition the stand-alone office park into an integrated part of the City. New roadways and pedestrian paths link the property to the City’s grid system, enhance the boulevard, and connect to future uses at the airport property. Options include encouraging and incentivizing housing development within the business park to improve its integration with the surrounding residential neighborhood, and encouraging subterranean parking to free up land for buildings that define the southern edge of the boulevard. The businesses on the north side of Ocean Park Boulevard are supported by customersfrom the office park and surrounding neighborhoods, and parking standards are modified to reflect the local origin of the customers. New development in the office park provides shared parking and participates in TDM strategies. The landscaped median is maintained to minimize cut-through traffic to the northern residential
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(2.4-59-60)
GOAL B21: Establish Ocean Park Boulevard as a local-serving boulevard withdistinctiveneighborhoodcenterseast ofClover Parkandaround17thStreet,featuringlandusesthat caterprimarily tothe dailyneedsoftheadjacentSunsetParkand Pico neighborhoods, with improved transit, pedestrian and cyclingroutes.
POLICIES:
B21.1 Ensure that buildings fronting Ocean Park Boulevard have their primary façades facing the street and located on the property line or back side of the sidewalk. However, to encourage a lively streetscape with places for people to socialize, small landscaped gathering spaces and plazas are encouraged.
B21.2 Scale buildings to the pedestrian to create an intimate sidewalk walking/shopping experience. Ground floor façades should include enhanced materials and detailing where they will be perceived by passing pedestrians.
B21.3 Design buildings with a variety of heights, architectural elements and shapes to create visual interest along the boulevard. Walls should have meaningful combinationsof materials and articulation to engage the eye.
B21.4 In order to create an interesting skyline, avoid uniformly flat roofs.
B21.5 Ensure that new commercial or mixed-use buildings adjacent to residential districts are contained within a prescribed building envelope that steps down toward the residential district to maintain access to light and air.
B21.6 Limit gGround floor uses to mostly with active retail shall be with generally continuous, transparent (non-tinted) display windows facing the sidewalk.
B21.7 Ensure that mixed-use developments have active ground floor uses that face the boulevard with predominantly residential uses located on the upper floors. Ground floor residential uses may be allowed if designed in a pedestrian-oriented manner with features such as street-facing main entrances, stoops, patios, and fenestration.
B21.8 Discourage general office and other limited pedestrian access uses on the ground floor facing Ocean Park Boulevard. Entrances to upper-level uses, such as lobbies, shall be limited in length along the sidewalk.
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Attachment: Attachment A - LUCE Redlines (5610 : Housing Element Implementation (120 mins)) B21.9 Encourage affordable and workforce housing in proximity to transit and major employment centers.
B21.10 Encourage sidewalk dining where it meets established criteria.
B21.11 Require new incentivized development above the base to participate in a shared parking district and TDM strategies.
B21.12 Encourage the retention and aesthetic improvement of local businesses at neighborhood centers.
B21.13 Encourage a balance of dining, retail and service uses at the neighborhood centers.
B21.14 Encourage a proactive dialogue between property owners, tenants, developers and the surrounding neighborhood to promote the enhancement of neighborhood centers around Ocean Park east of Clover Park and around Ocean Park at 17th Street.
B21.15 In conjunction with a shared parking district and TDM strategies, adjust parking standards to ensure the continued success of the many small businesses that serve the Pico, Ocean Park and Sunset Park neighborhoods and Santa Monica Business Park.
B21.16 Evaluate parking requirements for local-serving uses and modify as appropriate to account for customers who do not drive to the businesses.
2.4-61
Ocean Park
Boulevard
Goals and
Policies
GOAL B23: Create a specific plan for the Santa Monica Airport/Business Park that addresses the need for greater connectivity to Ocean Park Boulevard with new buildings that address the street, create an active pedestrianenvironmentandcomplement theusesonthenorthsideoftheboulevard.
POLICIES:
B23.1 Develop a Santa Monica Airport/ Business Park Specific Plan to transition the stand-alone office park into an integratedpart of the City with new roadways and pedestrian paths linking the property to the City’s street grid system, enhancing the boulevard and connecting to future uses at the airport property.
B23.2 Include buildings with active ground floor uses that address Ocean Park Boulevard in the
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Attachment: Attachment A - LUCE Redlines (5610 : Housing Element Implementation (120 mins)) redevelopment of the office park.
B23.3 Ensure that buildings fronting Ocean Park Boulevard have their primary façade facing the boulevard and located on the property line or back side of the sidewalk. However, to encourage a lively streetscape with places for people to socialize, small landscaped gathering spaces and plazas are encouraged.
B23.4 Convert surface parking for the Santa Monica Business Park to subterranean parking to make land available for additional landscaping, gathering places and other amenities.
B23.5 Require new development above the base height in the office park to provide shared parking and participate in TDM strategies.
B23.6 Encourage and incentivize housing development within the business park to improve its integration with the surrounding residential neighborhood.
2.4-70
Lincoln
Boulevard
LINCOLN BOULEVARD GOALS AND POLICIES
GOAL B25: Redevelop Lincoln Boulevard asadistinctandvisually-cohesivemixed-use commercial boulevard.
POLICIES:
B25.1 As businesses turnover, encourage façade improvements such as clearly defined signage and storefront glazing that are compatible with the character of the boulevard.
B25.2 Encourage mid-price range hotels and other visitor-serving uses on LincolnBoulevard.
B25.3 Encourage aggregation of smaller parcels to facilitate sites to create an active mix of uses and provide opportunities for shared parking in subterranean structures.
B25.4 In order to provide an incentive for redevelopment on Lincoln Boulevard, explore parking strategies such as encouraging shared parking between adjacent properties and land uses and parking reductions in associationwith parking districts.
B25.5 Ensure that buildings fronting Lincoln Boulevard have primary façadesfacing the street and located on the property line or back side of the sidewalk. However, to encourage a lively streetscape with places for people
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Attachment: Attachment A - LUCE Redlines (5610 : Housing Element Implementation (120 mins)) to socialize, small landscaped gathering spaces and plazas are encouraged.
B25.6 Scale buildings to the pedestrian to create an intimate sidewalk walking/shopping experience.
Ground floor façades should include enhanced materials and detailing where they will be perceived by passing pedestrians.
B25.7 Design buildings with a variety of heights, architectural elements and shapes to create visual interest along the boulevard. Walls should have meaningful combinationsof materials and articulation to engage the eye.
B25.8 In order to create an interesting skyline, avoid uniformly flat roofs.
B25.9 Ensure that new commercial or mixed-use buildings adjacent to residential districts are contained within a prescribed building envelope that steps down toward the residential district to maintain access to light and air.
B25.10 Limit gGround floor uses to mostly with active retail shall be with generally continuous, transparent (non-tinted) display windows facing the sidewalk.
B25.11 Ensure that mixed-use developments have active ground floor uses that face the boulevard with residential or small floor plate, local-serving office uses located on the upper floors. Ground floor residential uses may be allowed if designed in a pedestrian-oriented manner with features such as street-facing main entrances, stoops, patios, and fenestration.
B25.12 General office and other limited pedestrian access uses are discouraged on the ground floor facing Lincoln Boulevard. Entrances to upper-level uses, such as lobbies, should be limited in length along the sidewalk.
B25.13 Encourage affordable and workforce housing in proximity to transit and major employment centers.
B25.14 Encourage sidewalk dining where it meets established criteria.
B25.15 Require new incentivized development above the base height to participate in a shared parking district and TDM strategies.
2.6-4
Industrial
Conservation
Industrial Conservation District The Industrial Conservation District incorporates land between Lincoln Boulevard and Cloverfield Boulevard that has traditionally been zoned M-1, Industrial Conservation, and has been occupied by light industrial and small commercial uses. This district responds to community concerns seeks to preservethat small industrial uses and low-cost space for start-ups, “incubator” industries and community
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narrative
services are being replaced by residential and studio uses. Although tThis conservation district intendswas identified to to assure the stability of small industrial businesses within the City. housing is allowed in the district in efforts to further equitable housing opportunitiesin the area, subject to air quality assessment and related design measures. In general, residential uses are prohibited; however, a residential overlay has been established where 100 percent affordable housing projects could be permitted in selected areas.
2.6-13, 14
Goal D8
Policy D8.6,
D8.7
GOAL D8: Ensure that new and remodeled buildings in the Downtown District contribute to the pedestrian character of Downtown and are compatible in scale withexistingbuildingsandthesurrounding residential neighborhoods.
POLICIES:
D8.1 Locate the primary façades of buildings fronting the street at the property line or back side of the sidewalk. However, to create a lively streetscape with places for people to socialize, small landscaped gathering spaces and plazas should be encouraged.
D8.2 Scale buildings to the pedestrian to create an intimate sidewalk walking/shopping experience.
Incorporate enhanced materials and detailing in ground floor façades where they will be perceived by passing pedestrians.
D8.3 Design buildings with a variety of heights, architectural elements and shapes to create visual interest along the street. Walls should have meaningful combinations of materials, and articulation that createsshadow patterns to engage the eye.
D8.4 Avoid buildings with uniformly flat roofs or cornices in order to create an interesting skyline.
D8.5 Create a prescribed building envelope for new commercial or mixed-use buildings adjacent to residential districts with step backs to maintain the residential development’s access to light and air.
D8.6 Limit gGround floor uses to mostly with active retail shall be with generally continuous, transparent (non-tinted) display windows facing the sidewalk.
D8.7 Encourage mixed-use developments to have active ground floor uses that face the boulevard with residential or office uses located on the upper floors. Ground floor residential uses may be allowed if designed in a pedestrian-oriented manner with features such as street-facing main entrances, stoops, patios, and fenestration.
D8.8 Discourage offices and other limited pedestrian access uses on the ground floor facing the street. Limit the length of entrances to upper-level uses, such as lobbies.
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Packet Pg. 100 Attachment: Attachment A - LUCE Redlines (5610 : Housing Element Implementation (120 mins)) D8.9 Encourage sidewalk dining where it meets established criteria.
D8.10 Require new incentivized development to participate in shared parking and TDM strategies.
D8.11 Strip commercial development shall not be permitted. Encourage owners of existing strip commercial developments to redevelop their properties.
2.6-44, 45
Industrial
Conservation
Strategic Approach
The industrial area east of Cloverfield Boulevard is reserved for the City Yards and waste management needs for the foreseeable future; the City is initiating a master plan for the City Yards. The master planning process is based upon the City Yards staying at their existing location. However, in the future, if the City Yards are ever relocated, this area may be annexed to the Bergamot Transit Village District to provide expansion for the creative arts, park space and residential uses. Between Cloverfield Boulevard and 17th Street, the district is devoted to traditional industrial uses. However, some 100 percent affordable housing may be allowed . Private schools, other nonprofit and community uses, and automobile storage and service facilities for auto dealerships continue to be allowed.
The area of the Industrial Conservation District west of Memorial Park is intendedreserved exclusively for traditional small light industrial users. , and excludes residential uses. Restrictions to prohibit residential uses in this area are necessary to preserve land for light industrial uses, and to avoid potential land use conflicts and escalating land prices.
Housing is also allowed in the district in efforts to expand equitable housing opportunities in the area.
INDUSTRIAL CONSERVATION DISTRICT GOALS AND POLICIES
GOAL D27: Preserve and protect an industrial area, where traditional light industrialusesmayprosperandnewsmall businesses canbeincubatedandsupported.
POLICIES:
D27.1 Preserve and protect the existing industrial uses and allow for new light industrial uses to locate in the Industrial Conservation District.
D27.2 Residential development is not permitted within the Industrial Conservation District with the exception that limited 100 percent affordable housing may be allowed between 17th Street and Cloverfield Boulevard. The
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Packet Pg. 101 Attachment: Attachment A - LUCE Redlines (5610 : Housing Element Implementation (120 mins)) location of such uses shall be carefully considered to avoid conflicts with existing industrial uses.
D27.23 Housing is permitted, however, Where residential buildings are developed within the industrial zone they should shall be designed to accommodate and mitigate the impacts from nearby industrial uses and highways, such as air quality measures.
D27.34 Existing schools and non-profit/ community uses are allowed to continue and expand, including expansion onto other nearby properties in the Industrial Conservation District. Such expansion will be subject to the Industrial Conservation Tier 2 discretionary process and development parameters. Rooftop areas used for school activities shall not count in calculating FAR.
D27.45 Service facilities for automobile dealerships are a permitted use. A discretionary approval process may be implemented to authorize auto sales subject to a project –specific environmental review that considers reasonably foreseeable land use changes within the Industrial Conservation District.
D27.56 Encourage industries that provide locally-needed goods, that supply components required by other local industries, or local services that create environmentally sustainable products.
D27.67 Encourage cultural and creative arts facilities and “incubator” uses to locate in the Industrial Conservation District.
D27.78 Office uses are limited to those associated with the permitted light industrial use. Office uses may not exceed 30 percent of the floor area of the permitted use.
D27.89 Opportunities to open 9th, 10th, 12th and Euclid Streets between Olympic Boulevard and Colorado Avenue to vehicle and/or pedestrian travel are encouraged.
D27.910 Utilizing a variety of heights, forms and materials to create visual interest while maintaining the traditional character of the area are encouraged. Building design should avoid uniformly flat roofs or cornices in order to create an interesting skyline.
D27.101 Ground floor uses along the street are encouraged to place pedestrian entrances, storefronts and offices along the front face of the building to create pedestrian interest.
2.6-55, 56
Main Street
MAIN STREET DISTRICT GOALS AND POLICIES
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Packet Pg. 102 Attachment: Attachment A - LUCE Redlines (5610 : Housing Element Implementation (120 mins)) GOAL D31: Preserve and enhance the distinctive qualities ofMain Streetthat allow ittobeavibrantlocalandregionalshopping and diningdestination.
POLICIES:
D31.1 Main Street should accommodate a variety of commercial uses that provide daily necessities for those living in the surrounding community and the greater Santa Monica area, and for tourists.
D31.2 Businesses and activities that provide distinctive experiences such as the California Heritage Museum, community gardens, and the farmer’s market should be supported.
D31.3 A program of incentives that support the long-term vitality of small businesses shall be established.
D31.4 Uses that may adversely impact the adjoining neighborhoods, such as liquor stores, should be limited in scope and location.
D31.5 Modifications to historic resources shall comply with the Secretary of the Interior’s Standards, preserving identified character- defining features of the resource D31.6 Incentives shall be provided to promote the preservation and adaptive reuse of designated landmarks and resources identified on the City’s Historic Resources Inventory.
D31.7 New construction design in the Neighborhood Commercial District shall be pedestrian-orientedcompatible with the scale and character of the central portion of the Main Street commercial corridor.
D31.8 A comprehensive parking strategy that addresses the parking needs of businesses and the surrounding neighborhood shall be formulated. The parking strategy should examine parking requirements for local-serving uses and ensure that new businesses are allowed to occupy existing nonconforming commercial spaces.
D31.9 Solutions that increase parking availability, including encouraging the implementation of an employee TDM program for existing and new businesses shall be explored.
D31.10 The bicycle and pedestrian connections between the Beach, Main Street, and the Ocean Park neighborhood shall be improved to the extent feasible.
D31.11 The streetscape environment and pedestrian crosswalks should be enhanced along the length of the street to create an inviting pedestrian environment.
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Packet Pg. 103 Attachment: Attachment A - LUCE Redlines (5610 : Housing Element Implementation (120 mins)) D31.12 Ensure that disincentives for new and existing restaurants on Main Street as well as other issues of concern will be addressed in an updated Main Street Master Plan and the Zoning Ordinance update.
GOAL D32:Ensure that the design of new and remodeled buildings on Main Street are pedestrian-oriented compatible with thein scale and character with existing buildings and the surrounding residential neighborhood.
POLICIES:
D32.1 Buildings fronting on Main Street should have primary façades facing the street and be located on the property line or back side of the sidewalk. However, to encourage a lively streetscape with places for people to socialize, small landscaped gathering spaces and plazas are encouraged.
D32.2 Buildings shall be scaled to the pedestrian to create an intimate sidewalk walking/shopping experience. Ground floor façades should include enhanced materials and detailing where they will be perceived by passing pedestrians.
D32.3 Buildings should be designed with a variety of heights, architectural elements and shapes to create visual interest along the street. Walls should have meaningful combinations of materials, and articulation that creates shadow patterns to engage the eye.
D32.4 Create an interesting skyline by avoiding uniformly flat roofs or cornices.
D32.5 New commercial or mixed-use buildings adjacent to residential districts shall be contained within a prescribed building envelope with step backs designed to maintain access to light and air.
D32.6 Ground floor uses should be mostly limited to active retail with generally continuous,transparent (non-tinted)display windows facing the sidewalk.
D32.7 Mixed-use developments should have active ground floor uses that face the street with residential or office development located on the upper floors. Entrances to upper-level uses, such as lobbies, should be limited in length along the sidewalk.
D32.8 Offices and other limited pedestrian access uses are discouraged on the ground floor facing the street.
Entrances to upper-level uses, such as lobbies, shall be limited in length along the sidewalk.
D32.9 Sidewalk dining shall be encouraged where it meets established criteria.
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Packet Pg. 104 Attachment: Attachment A - LUCE Redlines (5610 : Housing Element Implementation (120 mins)) D32.10 New incentivized development above the base should be required to participate in shared parking and TDM strategies
2.6-59
Montana
Avenue
MONTANA AVENUE DISTRICT GOALS AND POLICIES
GOAL D35: Ensure that the design of new and remodeled buildings on Montana Avenue are pedestrian-oriented with thecompatible in scale and character with existingbuildingsandthesurrounding residential neighborhood.
POLICIES:
D35.1 Locate primary façades fronting Montana Avenue with the face of the building located on the property line or back side of the sidewalk. Encourage a lively streetscape with places for people to socialize, such as small landscaped gathering spaces and plazas.
D35.2 Scale buildings to the pedestrian to create an intimate sidewalk walking/shopping experience. Utilize enhanced materials and detailing on the façades where they are in close proximity to the passing pedestrian.
D35.3 Design buildings with a variety of heights, architectural elements and shapesto create visual interest along the street. Utilize meaningful combinations of materials and articulation of building elements to create shadow patterns to engage the eye.
D35.4 Avoid uniformly flat roofs or cornices in order to create an interesting skyline.
D35.5 Incorporate generally continuous, transparent(non-tinted) display windowsfacing the sidewalk in all ground floor retail stores to create interest for the pedestrian. To limit blank walls or lengths of walls lacking pedestrian interest, entrances to upper-level uses,such as lobbies, are limited in length along the sidewalk.
D35.6 Mixed-use developments should have active ground floor uses that face the boulevard with residential or office development located on the upper floors.
D35.7 Limit the length of ground floor entrances and lobbies to upper-level uses to avoid breaks in the pedestrian streetscape experience.
D35.8 Encourage sidewalk dining to establish a social environment along the street where it meets established criteria.
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2.6-61-63
Santa
Monica
Airport and
Business
Park District
Vision
No land use changes are proposed in the LUCE for the airport or the Santa Monica Business Park. However, in In anticipation of the expiration of the “1984 Agreement” with the federal government regarding the future operations of the airport, a Santa Monica Airport/Business Park Specific Plan is undertaken at the appropriate time. This specific plan also addresses the potential to redevelop the business park, the interface with the neighborhood commercial along the north side of Ocean Park Boulevard, and the integration with the future use of the airport. The specific plan calls for a new grid of streets that extends the existing City grid of streets into the planning area. Through the establishment of a parking district, the existing expanse of surface parking is replaced with shared, preferably underground, parking structures thus freeing up land for the roadway system, new open space and for new mixed-use building sites that define the southern edge of Ocean Park Boulevard, and result in a cohesive well planned environment. With the determination of the future of the airport operations, the appropriate type of land uses are identified for the airport lands along with the planning of a new roadway system, transit opportunities and infrastructure requirements. An important aspect of the specific plan is the interface with the adjoining residential neighborhoods.
Strategic Approach
Due to the complexity of the issues and the lack of a defined future for the airport, no land use changes are proposed for the airport or the Santa Monica Business Park. However, it is proposed that the City prioritize the creation of a Santa Monica Airport/Business Park Specific Plan for both entities in anticipation of the expiration of the “1984 Agreement” with the federal government in 2015. After that, use of the airport land will be a local land use matter. The It is anticipated that a specific plan will explore the redevelopment potential of the Business Park, its interface with the neighborhoodcommercial along the north side of Ocean Park Boulevard, and how the area integrates with the future of the airport. The surface parking for the office park should be replaced with residential housing and may consider shared parking structures that then create opportunitiesfor a new access in the form of a new street grid and pedestrian ways, open space and new infill projects. The specific plan will explore the methods to integrate both sides of Ocean Park Boulevard into a well-designed neighborhood commercial center, and the creation of a mixed-use neighborhood with a balance of jobs and housing. During the specific plan process, the City will reexamine the land uses at the business park. and work with the Federal Aviation
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Packet Pg. 106 Attachment: Attachment A - LUCE Redlines (5610 : Housing Element Implementation (120 mins)) Administration, the State of California, the Los Angeles County Airport Land Use Commission and the community regarding the City’s compliance with legalrequirements to operate the Santa Monica Airport through 2015.
AIRPORT AND BUSINESS PARK DISTRICT GOALS AND POLICIES
GOAL D36: Create and adopt a specific plantotransitionthe SantaMonicaBusiness Park and the Santa Monica Airport from stand-alone elements to neighborhoods integrated into theCity.
POLICIES:
D36.1 The City shall work with the Federal Aviation Administration, the State of California, the Los Angeles County Airport Land Use Commission, stakeholders and residents to address issues of mutual concern including, but not limited to, safety and noise.
D36.2 With the exception of housing development, any Rredevelopment or substantial changes to the Santa Monica Business Park should not be allowed until a specific plan is developed and approved. Prior to the adoption of the new specific plan, development standards and uses for the business park shall be governed by the Office Campus designation land use parameters.
D36.3 The Santa Monica Airport/ Business Park Specific Plan should set forth an appropriate mix of land uses as well as establish a framework of vehicular roadways and pedestrian routes, open space and shared parking facilities to create acomplete neighborhood.
D36.4 The Santa Monica Airport/Business Park Specific Plan should interface carefully with adjoining commercial uses and establish standards and guidelines to transition to the adjacent residential neighborhoods.
3.2 Community
Benefits
Five Priority Categories of Community Benefits:
The community identified the following five priority categories of community benefits:
1. New Affordable and Workforce Housing
For all projects with a housing component, in which a developer seeks to develop a project that is greater in height than the base height of 32 feet, affordable housing or a contribution to the affordable housing fund shall be required. The objective is to incentivize housing along the City’s commercial corridors where there is transit, local-serving retail and an enhanced pedestrian environment, facilitating a complete neighborhood for a range
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Packet Pg. 107 Attachment: Attachment A - LUCE Redlines (5610 : Housing Element Implementation (120 mins)) of socioeconomic levels. While affordable housing is identified as a primary community benefit, the provision of a significantly higher percentage of workforce housing units is also a community benefit.
A project developer who chooses to provide affordable housing as part of the base project in accordance with the percentage requirements specified in the City’s Affordable Housing Production Program will be entitled to receive a height bonus of 3 feet for a total height of 35 feet.
2. GHG Emissions and Future Congestion Reduction Requirement A developer who seeks to develop projects above the base heightmeeting specified criteria shall also be required to provide additional Transportation Demand Management (TDM) trip reduction measures to address congestion and GHG emission reduction. TDM incentive programs could include: bicycle facilities, shower facilities, dedicated shuttles, flex cars, transit passes, parking cash-out programs, car-sharing programs, on-site transportation information, and shared parking programs.
3. Community Physical Improvements
In certain parts of the City, the community benefits could address necessary or desired physical improvements such as: reconnecting the street grid; quality pedestrian, biking and green connections; and additional ground level open space, trees and wider sidewalks. It could also include improvements such as gathering places, recreational open space and the provision of neighborhood-serving retail and services.
4. Social, Cultural and Educational Facilities This category of benefits could include space for preferred uses such as child care, senior care, youth and teen services and educational uses. The community also endorsed incentives for the provision of artist workspace and additional cultural venues celebrating Santa Monica’s arts and cultural heritage.
5. Historic Preservation
This category of benefits could include adaptive reuse, sensitive restoration and treatment, compatible new construction, and participation in a Transfer of Development Rights (TDR) program. There are numerous factors in assessing the type and extent of community benefit that must be provided. Benefits that merely meet or go slightly beyond standard requirements for all projects, such as TDM or Green Building requirements, would not qualify as community benefits. Benefits that are for the immediate neighborhood should also be considered in addition to those that apply citywide
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HOW THE LUCE ACHIEVES COMMUNITY BENEFITS
In addition to articulating the community’s long- term vision, the LUCE establishes the broad goals and policiesthatset the framework for community benefits. In each land use designation, the Plan sets a base height and allowable development intensity which permits quality lower-scale, generally ministerial, development. Using the citywidevisionfor urban form, the Plan then sets a maximum height and intensity, even with provision of community benefits, along with sensitive transitions to homes and neighborhoods. The specific standards and procedures for providing community benefits will be incorporated into the revised Zoning Ordinance using the LUCE concepts.
The LUCE land use policy establishes a baseline building height for nonresidential land use designations. Any proposed development that seeks to build above the base height in these non-residential areas ofthe City, except for100 percent affordable housing projects, will be subject to a public review process and additional requirements consistent with the community’s broader social and environmental goals. These additional requirements shall consist of the provision of preferred uses, the incorporation of beneficial project design features, and/or compliance with additional development standards. These design features and development standards may be traditional aesthetic zoning requirements or, in many instances, be reasonably related to the amelioration of increased burdens placed on the City due to the increased height. In most commercial areas of the City, including the major boulevards such as Wilshire Boulevard and portions of Lincoln and Santa Monica Boulevards, the maximum height for a project without providing community benefits is 32 feet or two stories (the base height can go to three stories if a percentage of affordable housing is included). Above the baseline height, new development must provide community benefitsforthe City and the neighborhood. Depending on the project type and height, an applicantmay pursue either a Development Review Permit orits equivalent or a Development Agreement (DA).
The Community Shapes the Future: A Three-Tiered Approach The Plan defines a comprehensive program that incentivizes new development above the a 32-foot established base. A three-tiered approach, based on increments of height and floor area, defines additional requirements consistent with the community’s broader social and environmental goals. While the specifics for each boulevard and district are provided within each zoning designation, a general explanation of how the process will work for any project is provided here.
Tier 1 – Base Height
The LUCE establishes a base of 32 feet (2 stories). heights. A project will receive a height bonus above the base height, allowing for an additional floor of housing, by providing the required affordable housing units on-site, or within close proximity along the boulevard, in accordance with the percentage requirements specified in the City’s
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Packet Pg. 109 Attachment: Attachment A - LUCE Redlines (5610 : Housing Element Implementation (120 mins)) Affordable Housing Production Program. While the 32-foot base accommodates 2 stories, the height available with this incentive allows 3 stories. A Tier 1 project is ministerial up to the discretionary review threshold established by the Zoning Ordinance. Even these ministerial projects may be subject to discretionary review such as use permits, architectural review, historic resource review, etc Tier 2– Height Above Base Height
In order to seek additional 1 height above the base, a project will be required to provide additional community benefits. By maintaining discretionary control for a project over the ministerial base height, the City is better positioned to ensure compliance with LUCE principles. The process will differ slightly depending on the type of land use and the specific project as described below.
Commercial Projects
Unless a developer seeks a Development Agreement, a discretionary process will apply to all commercial projects and mixed-use projects. Under the LUCE, applicants will be required to undergo a community participation process. Approval of the project will require affirmative findings, including, but not limited to: (1) the project will promote the general welfare of the community, (2) the project will not have unacceptable adverse effects on public health or safety, and (3) in exchange for the privilege of being given additional height, the proposal must provide the City with enumerated community benefits as previously identified in the “Five Priority Categories of Community Benefits” section of this chapter.
Residential Projects
Except for deed-restricted 100 percent affordable housing projects, housing projects and mixed-use housing projects shall be processed through a Development Agreement or a discretionary review process.
Housing and mixed-use housing projects will be required to provide a percentage of affordable units either on- or off-site. The proposal must also provide the City with enumerated community benefits as previously identified in the “Five Priority Categories of Community Benefits” section of this chapter.
An alternative to this approach would be the establishment of an objective point-based incentive system.
However, this approach has not been recommended in the LUCE.
Tier 3 – Additional Height
In the few areas where additional project height above Tier 2 may be requested, the required process is a Development Agreement to allow the City Council to ensure that these significant projects provide community
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Packet Pg. 110 Attachment: Attachment A - LUCE Redlines (5610 : Housing Element Implementation (120 mins)) benefits as previously identified in the “Five Priority Categories of Community Benefits” section of this chapter.
Compared to the development review process, the Development Agreement process has greater public review and participation, allows more flexibility to create high-quality projects and achieve greater community benefit, providing the greatest discretionary control to the City. Housing and mixed-use housing projects will be required to provide a percentage affordable units either on- or off-site. Other projects above the base height will contribute applicable project mitigation fees, including affordable housing fees.
Housing projects as defined by the Zoning Ordinance, shall be exempt from any Development Agreement processing requirements.
One Hundred Percent Affordable Housing Projects
One hundred percent affordable housing projects (up to a maximum of 80% of median income only) of 50 or fewer units will be processed ministerially.
Preservation of Historic Resource
When the project would preserve a City- designated landmark or structure of merit, the project may be reviewed by a discretionary review process other than development agreement so long as project does not exceed the FAR for Tier 2 projects.
3.3-2: The
LUCE
Housing
Policy
THE LUCE HOUSING POLICY
The overarching goal of the LUCE housing policy is to create significant new additional affordable housing opportunities where few or none currently exist. These new housing opportunities are to be associated with transit in a manner that enhances sustainability, creates complete neighborhoods and provides easy access to local services. The Plan accomplishes this challenge in a variety of innovative ways, adding to the City’ssubstantial Housing Element goals to maintain and produce a wide range of housing types and affordability by:
▪ Incentivizing the creation of new housing opportunities, especially affordable and workforce housing in selected transit-accessible areas such as in Bergamot Transit Village, along the City’s boulevards and in activity centers
▪ Transitioning regional-serving officeand commercial potential growth into new housing opportunities ▪ Encouraging the creation of complete neighborhoods, locating new housing opportunities near transit and withinwalking distance of local retail and services
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Packet Pg. 111 Attachment: Attachment A - LUCE Redlines (5610 : Housing Element Implementation (120 mins)) ▪ Establishing a maximum ministerial base building height of 32 feet and requiring that projects over the base incorporate community benefits, with affordable housing identified asa primary community benefit ▪ Encouraging and incentivize housing development with development standards that support inclusionary affordable housing creating equitable opportunities for housing production throughout the City. ▪ Encouraging and incentivizing the production of affordable housing on City-owned/publicly owned sites. ▪ Encouraging collaboration with schools, hospitals and utilities to make creative use of underutilized institutional land for additional housing
▪ Considering separating, reducing, or eliminating parking requirements for new housing. ▪ Encouraging parking policy tools that facilitate housing affordability along with livability ▪ Promoting the creation of high-quality, livable housing with ground floor open space and connectivity to the City’s walking and biking networks
▪ Protecting housing in existing neighborhoods by redirecting new residential investment pressure away from the neighborhoods to appropriate locations along transit corridors and in the vicinity of the proposed Expo Light Rail stations
▪ Conserving housing in existing neighborhoods through a series of programs such as Neighborhood Conservation Overlay Districts, Transfer of Development Rights, new demolition requirements and modification of development standards
This chapter identifies specific LUCE goals and policies for housing to ensure that Santa Monica has healthy, diverse residential neighborhoods that provide a range of housing choices. In addition, it includes policies addressing state requirements to reduce GHG emissions through integrated land use, housing and transportation planning.
3.3-3, 4
Aggressively
Create New
Affordable
Housing
(3.3-4)
Aggressively Create New Affordable Housing
Affordable housing creation, the primary emphasis of the 2008–2014 and 2021-2029 Housing Elements, will continue to be the City’s first housing priority and should not be supplanted by other housing efforts. Affordable housing will be the focus of any direct City subsidies.
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Packet Pg. 112 Attachment: Attachment A - LUCE Redlines (5610 : Housing Element Implementation (120 mins)) The LUCE builds on these City policies by identifying clear incentives to create additional affordable and workforce housing in conjunction with new development. Such process and development incentives will be targeted to specific transit accessible locations on the boulevards and in the districts as a strategy for change in those areas. New housing shall also be encouraged in high opportunity areas to ensure fair housing choices. This approach requires that any project above the established base height must be accompanied by community benefits, particularly affordable housing. These incentives are progressive in nature and are described below:
▪ Base Building Height up to 32 Feet – Current Affordable Housing Requirements: by-right base height to 32 feet will require compliance with existing Affordable Housing Production Program. ▪ Building Height up to 35 Feet through a 3-Foot Height Incentive (Additional Floor) – Affordable Housing requirement on- or off-site along the boulevards: A project will receive a 3-foot height bonus above the base height, allowing for an additional floor of housing, by providing the percentage of required affordable housing units on-site or within close proximity along the corridor. The additional floor could double the amount of both affordable and market-rate housing over the 32-foot base. This additional floor provides a development bonus for affordable housing and provides the incentive for construction of additional affordable housing on-site at a lower base.
▪ Building Height between 35–45 Feet – Incentivizes Affordable and Workforce Housing Beyond Minimum Percentage: In order to request an additional 10 feet in height, allowing for a fourth floor of housing in locations where this incentive applies, a housing or mixed-use housing project will be required to provide a percentage of affordable housing units. In addition, workforce and/or more affordable housing units could be built as a community benefits incentives requirement at this height.
▪ Higher Amount of Affordable Housing Incentivized above 45 Feet – An increased percentage of affordable housing will be required in housing or mixed-use housing projects in order to request building height above 45 feet in the limited locationswhere this incentive applies. Additionally, a greater amount of affordable and/or workforce housing could be built as the community benefits incentive requirement at this height.
▪ At any level, the number of affordable housing units required would be conversely related to the income affordability level of the units, i.e., a smaller amount of low income affordable units would fulfill the requirement as compared to a higher amount of moderate income affordable or workforce units, creating the incentive for a project to include units at the lower end of the income affordability spectrum. ▪ Commercial projects above the base height will contribute all applicable project mitigation fees, including
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Packet Pg. 113 Attachment: Attachment A - LUCE Redlines (5610 : Housing Element Implementation (120 mins)) affordable housing fees.
▪ One hundred percent affordable housing projects will continue to be provided existing incentives, including:
up to a 50% density bonus in residential designations, inclusive of the State density bonus requirement; building height in non-residential designations not to exceed the allowable maximum height limit at the highest tier, or 40 feet where applicable; reduced parking requirements; flexibility in providing a reduction in required ground floor pedestrian-oriented uses; and administrative review of affordable housing projects (up to a maximum of 80% of median income only) with 50 units or less. One hundred percent affordable housing projects are defined as housing in which one hundred percent of the dwelling units are deed-restricted or restricted by an agreement approved by the City for occupancy by low or moderate income households. Such projects may also include nonresidential uses, as long as such uses do not exceed a maximum percentage of the floor area of the total project to be established in the Zoning Ordinance.
Housing production will be incentivized by establishing development standards that support inclusionary housing requirements, creating equitable opportunities for housing production throughout the City. Affordable housing overlay districts will be evaluated, including moderate-income housing in targeted transit-accessible areas. The production of affordable housing will also be encouraged on City-owned/publicly owned sites, and on existing surface parking lots serving commercial, community assembly, or other boulevard-facing uses including the adaptive reuse and conversion of commercial buildings to residential use. Potential reduction or elimination of parking requirements will be evaluated for new housing.
3.3-11
Goal H1
GOAL H1: Initiate new programs and maintain existing programs to provide more affordable housing and affordable housing opportunities within theCity.
H1.1 Provide direct subsidies for the production of affordable housing.
H1.2 Maintain programs to require and encourage the production of affordable housing for very low-, low- and moderate- income households.
▪ Require compliance with the Affordable Housing Production Program and seek additional opportunities to increase the percentage of affordable housing as a component of for-sale and qualifying rental residential and mixed-use housing projects.
▪ Incentivize affordable housing projects.
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Packet Pg. 114 Attachment: Attachment A - LUCE Redlines (5610 : Housing Element Implementation (120 mins)) H1.3 Incentivize the creation of new affordable housing opportunities ▪ Encourage affordable housing intransit- accessible areas. ▪ Create more affordable housing by transitioning the potential growth for regional- serving office and commercial into new housing opportunities.
H1.4 Incentivize housing production including affordable housing by establishing feasible development standards that support inclusionary housing requirements and create equitable opportunities for housing production throughout the City. Provide more affordable housing units by offering a 3-foot bonus above the allowable base height permitting an extra floor of housing at 35 feet in most districts.
H1.5 Encourage construction of affordable housing units on-site within the corridor or district.
H1.56 Consider allowing housing in all non-residential districts and Eencourage the production of affordable housing throughout the Cityon the boulevards and in the districts. by requiring a percentage of affordable housing as a pre-condition for consideration of height above the base.
H1.67 Encourage and incentivize the production of affordable housing on City-owned/publicly owned sites.Incentivize additional affordable housing as a community benefit along the boulevards and in the districts.
H1.7 Incentivize housing development on existing surface parking lots serving commercial, community assembly, or other boulevard-facing uses including the adaptive reuse and conversion of commercial buildings to residential use.
H1.8 Consider separating, or reducing, or eliminating parking requirements for new housing. ▪ De-couple the provision of parking so that renters or owners could choose to rent or buy parking spaces as a separate transactionfrom the housing rental or purchase. This would facilitate more affordable options to address the needs of middle-income workers.
▪ Continue to establish reduced parking requirements and explore pursuing additional parking reductions or consider eliminating parking requirements for affordable all housing projects where appropriate.
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Packet Pg. 115 Attachment: Attachment A - LUCE Redlines (5610 : Housing Element Implementation (120 mins))
3.3-12
Goal H2
GOAL H2: Identify additionalopportunities to increase the amount of workforce housing in the City.
H2.1 Provide workforce housing to complement and augment Affordable Housing Program initiatives and subsidies.
H2.2 Incentivize workforce housing as a community benefit along the boulevards and in the districts.
H2.3 Encourage workforce housing as a component of activity centers at locations accessible to transit.
H2.4 Consider separating, or reducing, or eliminating parking requirements for workforce housing. ▪ De-couple the provision of parking so that renters or owners could choose to rent or buy parking spaces as a separate transactionfrom the housing rental or purchase. This would facilitate more affordable options to address the needs of middle-income workers.
H2.5 Facilitate the efforts of major employers, such as hospitals, to createnew workforce housing in the City.
H2.6 Explore ways to ensure that workforce housing, once created, remains an asset to the City. Covenants or deed restrictions should be used to ensure that the housing remains affordable for an extended period of time.
3.3-14
Goal H6
GOAL H6: Incentivize new housing to be locatedinareasandproducedinwaysthat reduce GHG emissions.
H6.1 Encourage housing to be located along transit corridors and close to transit stations.
H6.2 Encourage complementary uses and local services in conjunction with or adjacent to new housing, and locate housing in close proximity to existing services.
H6.3 Encourage or facilitate the inclusion of complementary land uses not already present within a neighborhood district suchas grocery markets, daily services, and parks.
H6.4 Consider separating out, or reducing, or eliminating parking requirements for new housing near transit.
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Packet Pg. 116 Attachment: Attachment A - LUCE Redlines (5610 : Housing Element Implementation (120 mins)) H6.5 Establish minimum pedestrian and bicycle facility and connectivity standards in conjunction with new housing development.
4.0-72
Goal T26
GOAL T26: Use parking policies to achieve housing affordability, congestion management and air quality goals.
T26.1 Encourage shared parking and discourage reserved parking. Ensure that shared parking is open to all motorists, regardless of whether they are customers, employees or tenants of a building, with the same parking prices, restrictions and privileges as building occupants.
T26.2 Ensure that public parking prices reflect the true cost of automobile parking.
T26.3 Use a portion of revenues raised from parking charges to achieve more sustainable transportation choices including transit, walking and biking.
T26.4 Adjust parking requirements for projects when it can be demonstrated that a lower parking demand is appropriate.
T26.5 Charge a fee when commercial developments remove public on-street parking for a driveway or other purpose.
T26.6 Use parking pricing as a tool to manage congestion.
T26.7 Consider allowing developers to meet their minimum parking requirements via shared parking between uses, payment of in-lieu fees, or off-site parking within a reasonable walking distance.
T26.8 Encourage coordinated valet services to balance parking supply and demand.
T26.9 In all new multi-family development, seek to provide the option to purchase parking separately from residential units to reduce the overall cost of housing.
T26.10 In one hundred percent affordable housing projects, consider allowing residential guest parking to be used to meet parking requirements, or establishing thresholds under which parking would not be required, for on-site localserving retail and services.
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Packet Pg. 117 Attachment: Attachment A - LUCE Redlines (5610 : Housing Element Implementation (120 mins)) T26.11 If the owners and operators of properties can demonstrate that they have more parking than is actually necessary to meet the needs of their various users (employees, visitors, etc.), consider developing parking efficiency strategies that include leasing their surplus parking to help alleviate parking shortages and avoid development of unnecessary parking.
▪ T26.12 Continue to establish reduced parking requirements and explore pursuing additional parking reductions or consider eliminating parking requirements for all housing projects where appropriate.
5.0-10
Santa Monica Airport/Business Park Specific Plan, Streetscape Plan for Ocean Park Boulevard Prior to 2015, the City should prepare a specific plan to set forth uses for the airport and a framework for land use decisions; The Specific Plan for the Business Park should identify redevelopment opportunities and desired mix of uses for the business park, utilization of surface parking area, land uses and enhancements for the north side of Ocean Park, and integration with future of Santa Monica Airport, if known. A streetscape improvement plan for Ocean Park Boulevard, from Centinela to Lincoln Boulevards should be explored at the same time, or earlier, that emphasizes pedestrian and bike safety, wider sidewalks, dedicated bike lanes and green space.
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Packet Pg. 118 Attachment: Attachment A - LUCE Redlines (5610 : Housing Element Implementation (120 mins)) Chapter 9.01
TITLE, PURPOSE, AND AUTHORITY
Sections:
9.01.010 Title and Authority
9.01.020 Purpose
9.01.030 Structure of Zoning Ordinance
9.01.040 Applicability
9.01.050 Special Development Standards for the Protection and Preservation of Historic Resources
9.01.060 Fees
9.01.040 Applicability
A. General Rules for Applicability of Zoning Regulations.
1. Applicability to Property.
a. This Ordinance shall apply, to the extent permitted by law, to all property within the corporate limits of the City and to property for which applications for annexation and/or subdivisions are submitted to the City, including all uses, structures and land owned by any private person, firm, corporation or organization, or the City or other local, State, or Federal agencies.
b. Governmental Agencies. Any governmental agency shall be exempt from the provisions of this Ordinance only to the extent that such property may not be lawfully regulated by the City.
c. City Government Uses. City government uses, including, without limitation, fire stations, police stations, and public safety facilities, may be permitted in any district subject to the approval of a conditional use permit.
d. Projects That Include Affordable Housing on City-Owned Property. In accordance with Program 2.E of the 6th Cycle 2021-2029 Housing Element, this Ordinance shall not apply to property owned by the City when used for projects that include housing affordable to 80% area median income (AMI) households, subject to a public process to be determined by the City Council, and upon a determination that the project is consistent with the General Plan. Any such exemption shall apply only for the life of the project approved in accordance with this paragraph.
2. Compliance with Regulations. Except as provided in this Zoning Ordinance, land or buildings may be used and structures may be erected or altered only in accordance with the following provisions:
a. No new building shall be erected and no existing building shall be moved, altered, or enlarged, nor shall any land, building or premises be used, designed, or attempted to be used or designed for any purpose or in any manner other than a use listed in this Chapter, as permitted in the district in which the land, building, or premises is located. The lawful use or uses of all buildings, improvements, and premises existing in any district at the time of the adoption of the ordinance codified in this Chapter may be continued except as provided by this Chapter.
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Packet Pg. 119 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) b. No building shall be erected nor shall any existing building be moved, reconstructed, or structurally altered to exceed in height or floor area the limit established by this Chapter for the district in which such building is located.
c. No building shall be erected nor shall any existing building be moved, altered, enlarged, or rebuilt, nor shall any open spaces surrounding any buildings be encroached upon or reduced in any manner except in conformity with the property development standards for each district in which such building is located.
d. No yard or open space provided adjacent to any building for the purpose of complying with the regulations of this Chapter shall be considered as providing a yard or open space for any other building or structure.
e. No parcel or building shall be separated in ownership, or reduced in size in any manner, so that:
i. Any separate portion shall contain a parcel area or parcel dimension less than the minimum required for the district in which the property is located; ii. Any yard area is reduced below the minimum required for the district in which the project is located;
iii. The parcel fails to comply with any other requirement of this Chapter; iv. Any portion of a parcel that is necessary to provide the required area per dwelling unit is separated from the portion of the parcel on which the building is located. f. No lot or parcel of land held under common ownership which does not meet the requirements of the district in which it is located shall be separated in ownership or further reduced in size in any manner.
g. A building or use may cross property lines only if:
i. The building site shall be subject to all requirements of this Chapter as though the total area comprised in the site were a single parcel;
ii. A covenant by the owner(s) of the parcels shall be filed with the Zoning Administrator and recorded with the County Recorder’s office before any use or combination of parcels occurs. The covenant shall state the intention of the owner(s) to develop the parcels as a single building site and shall be in the form required by the Zoning Administrator.
h. A legally-created parcel of land existing prior to the effective date of this Ordinance having less area, frontage, or dimensions than required by this Ordinance in the zoning district in which the parcel is located, shall be considered a legal conforming parcel.
B. Relation to Other Regulations.
1. General. Where conflict occurs between the provisions of the Ordinance and any other regulations, City ordinance, chapter, resolution, guideline, or regulation, the more restrictive provisions shall control, unless otherwise specified. See, e.g., Section 9.56.270(F) (the State Historic Building Code applies to alterations to historic resources and properties on the Historic Resources Inventory).
2. Permit Streamlining Act. All actions taken by the decision-making body pursuant to this Ordinance shall be consistent with the provisions of Government Ordinance Section 65920 et seq. (the Permit Streamlining Act) to the extent applicable. 2 8.A.b
Packet Pg. 120 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins))
3. Relation to Private Agreements. Where this Ordinance imposes greater restriction than imposed by an easement, covenant, or agreement, this Ordinance shall control.
4. Relation to Prior Ordinance. The provisions of this Ordinance supersede all prior Zoning Ordinances codified in Article 9 of the Santa Monica Municipal Code and all prior amendments.
No provision of this Ordinance shall validate any land use or structure established, constructed, or maintained in violation of the prior Zoning Ordinance, unless such validation is specifically authorized by this Ordinance.
5. Application during Local Emergency. The City Council may authorize a deviation from a provision of this Ordinance during a local emergency declared and ratified under the Santa Monica Municipal Code.
C. Consistency with the General Plan. The Zoning Ordinance and any amendment thereto shall be consistent in principle with the goals, objectives, policies, land uses, and programs specified in the adopted General Plan.
D. Effect on Previously Approved Projects and Projects in Progress. The following projects shall have a vested right to proceed without complying with this Ordinance:
1. Previously Approved Development. The erection, construction, enlargement, demolition, moving, conversion of, and excavation and grading for any building or structure for which a valid permit or building permit was issued prior to the effective date of this Ordinance and which does not subsequently expire. A permit that does not contain an express limit on the time for exercising the permit shall be deemed valid only if a building permit is obtained within one year of the effective date of this Ordinance;
2. Development Agreement. Development in accordance with the terms and conditions of a development agreement approved by the City Council pursuant to Chapter 9.60 of the Municipal Code prior to the effective date of this Ordinance;
3. Vesting Tentative Maps. Any residential project for which a vesting tentative map application was determined complete prior to the effective date of this Ordinance; and
4. Applications for Projects in Progress. Any application for a Planning entitlement, except a Development Agreement application, determined complete on or before April 15, 2015. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2536CCS § 1, adopted February 28, 2017)
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Packet Pg. 121 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) Chapter 9.02
ESTABLISHMENT OF ZONING DISTRICTS
Sections:
9.02.010 Establishment of Districts
9.02.020 Official Districting Map
9.02.030 Zoning District Boundary Determinations
9.02.010 Establishment of Districts
The City is divided into zoning districts of such number and character as are necessary to achieve compatibility of uses within each district and implement the General Plan.
A. Base Zoning Districts. Base Zoning Districts into which the City is divided are established as shown in Table 9.02.010.A, Base Zoning Districts.
TABLE 9.02.010.A: BASE ZONING DISTRICTS
Short Name/Map Symbol Full Name
Single-Unit Residential District
R1 Single-Unit Residential
Multi-Unit Residential Districts
R2 Low Density Residential
R3 Medium Density Residential
R4 High Density Residential
RMH Residential Mobile Home Park
Ocean Park Neighborhood Districts
OP1 Ocean Park Single-Unit Residential
OPD Ocean Park Duplex
OP2 Ocean Park Low Density Residential
OP3 Ocean Park Medium Density Residential
OP4 Ocean Park High Density Residential
Mixed-Use and Commercial Districts
MUBL Mixed-Use Boulevard Low
MUB Mixed-Use Boulevard
GC General Commercial
NC Neighborhood Commercial
Employment Districts
HMU Healthcare Mixed-Use
IC Industrial Conservation
OC Office Campus
Beach and Oceanfront Districts
OF Oceanfront
Public and Semi-Public Districts
CC Civic Center
PL Institutional/Public Lands
OS Parks and Open Space
Residential Mobile Home Park District
RMH Residential Mobile Home Park
Bergamot Area Plan Districts
BTV Bergamot Transit Village
MUC Mixed Use Creative
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Packet Pg. 122 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) CAC Conservation: -Art Center
CCS Conservation: Creative Sector
PPCO Pedestrian Priority Corridor Overlay
RP Retail Priority Overlay
Downtown Community Plan Districts
LT
NV
BC
TA
OT
WT
Lincoln Transition
Neighborhood Village
Bayside Conservation
Transit Adjacent
Ocean Transition
Wilshire Transition
Downtown Specific Plan Districts (to be determined as part of Specific Plan process) Memorial Park Neighborhood Area Plan Districts (to be determined as part of Area Plan process) B. References to Classes of Base Districts. Throughout the Ordinance, the following references apply:
1. “R District” or “Residential District” shall include the following Districts: R1 Single-Unit Residential; R2 Low Density Residential; R3 Medium Density Residential; R4 High Density Residential; OP1 Ocean Park Single-Unit Residential; OPD Ocean Park Duplex; OP2 Ocean Park Low Density Residential; OP3 Ocean Park Medium Density Residential; OP4 Ocean Park High Density Residential; or OF Oceanfront.
a. “Residential Low-Density District” shall include the following Districts: R1 Single-Unit Residential; R2 Low Density Residential; OP1 Ocean Park Single-Unit Residential; OPD Ocean Park Duplex; OP2 Ocean Park Low Density Residential. b. “Residential Medium and High-Density Districts” shall include the following Districts: R3 Medium Density Residential; R4 High Density Residential; OP3 Ocean Park Medium Density Residential; OP4 Ocean Park High Density Residential; RMH Residential Mobile Home Park; or OF Oceanfront.
2. “Nonresidential District” shall include any base Zoning District except the Residential Districts specified in subsection (B)(1) above.
C. Overlay Zoning Districts. Overlay Zoning Districts, one or more of which may be combined with a base district, are established as shown in Table 9.02.010.B, Overlay Zoning Districts. The regulations of an Overlay District govern in addition to or instead of the standards set forth in the underlying base district as specified in the applicable Sections of this Ordinance.
TABLE 9.02.010.B: OVERLAY ZONING DISTRICTS
Short Name/Map Symbol Full Name
AC Activity Center
NC Neighborhood Conservation
A Off-Street Parking
BCH Beach
MHO Moderate Income Housing Overlay
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015) 5 8.A.b
Packet Pg. 123 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) Chapter 9.04
RULES FOR MEASUREMENT
Sections:
9.04.010 Purpose
9.04.020 General Provisions
9.04.030 Fractions
9.04.040 Measuring Distances
9.04.050 Measuring Height
9.04.060 Determining the Number of Stories in a Building
9.04.070 Measuring Parcel Width and Depth
9.04.080 Determining Floor Area
9.04.090 Determining Floor Area Ratio
9.04.100 Determining Residential Parcel Coverage
9.04.110 Determining Parcel Frontage
9.04.120 Determining Residential Density
9.04.130 Determining Setbacks
9.04.140 Measuring Off-Street Parking Landscaping
9.04.150 Determining Eligibility for a Housing Project with Existing Structures
9.04.150 Determining Eligibility for a Housing Project with Existing Structures For projects proposing a multiple-unit dwelling use on a parcel with an existing structure, to determine whether the project meets the definition of a Housing Project for purposes of this Ordinance, the floor area of the existing structure(s) that is dedicated to non-residential uses at the time of the application shall be excluded.
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Packet Pg. 124 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) Chapter 9.07
SINGLE-UNIT RESIDENTIAL DISTRICT
Sections:
9.07.010 Purpose
9.07.020 Land Use Regulations
9.07.030 Development Standards
9.07.010 Purpose
The purposes of the “Single-Unit Residential” District are to:
A. Provide for single-unit housing on individual parcels at densities of one unit plus one accessory dwelling unit and one junior accessory dwelling unit to suit the spectrum of individual lifestyles and space needs and ensure continued availability of the range of housing opportunities necessary to meet the needs of all segments of the community consistent with the General Plan and State law.
B. Preserve and protect the existing character and state of the City’s different residential neighborhoods and the quality of life of City residents against potential deleterious impacts related to development—traffic, noise, air quality, and the encroachment of commercial activities.
C. Ensure adequate light, air, privacy, and open space for each dwelling.
D. Avoid overburdening public facilities, including sewer, water, electricity, and schools by an influx and increase of people to a degree larger than the City’s geographic limits, tax base, or financial capabilities can reasonably and responsibly accommodate.
E. Ensure that the scale and design of new development and alterations to existing structures are consistent with the scale, mass, and character of the existing residential neighborhood.
F. Provide sites for institutional, residential, and neighborhood serving uses such as day care, parks, and community facilities.
G. Promote the rehabilitation and long-term maintenance of existing buildings and structures.
The specific designation and additional purposes of the Single-Unit Residential District are:
R1 Single-Unit Residential. To provide areas for single-unit housing on individual parcels at densities of one unit plus one accessory dwelling unit and one junior accessory dwelling unit per legal parcel. In addition to detached single-unit homesdwellings, accessory dwelling units, and junior accessory dwelling units, this District provides for uses such as parks and family day care that may be integrated into a residential environment. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2536CCS § 14, adopted February 28, 2017; Ord. No. 2649CCS § 4, adopted September 8, 2020)
9.07.020 Land Use Regulations
Table 9.07.020 prescribes the land use regulations for Single-Unit Residential District. The regulations for each district are established by the letter designations listed below. These designations apply strictly to the permissibility of land uses; applications for buildings or structures may require discretionary review. “P” designates permitted uses.
“L(#)” designates limited uses, which are permitted by right, provided they comply with specific limitations listed at the end of the table.
“CUP” designates use classifications that are permitted after review and approval of a Conditional Use Permit.
“MUP” designates use classifications that are permitted after review and approval of a Minor Use Permit. 7 8.A.b
Packet Pg. 125 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) “–” designates uses that are not permitted.
Land uses are defined in Chapter 9.51, Use Classifications. Use classifications and sub-classifications not listed in the table are prohibited. Accessory uses are permissible when they are determined by the Zoning Administrator to be necessary and customarily associated with and appropriate, incidental, and subordinate to, the principal uses and which are consistent and not more disturbing or disruptive than permitted uses.
The table also notes additional use regulations that apply to various uses. Section numbers in the right-hand column refer to other Sections of this Ordinance.
TABLE 9.07.020: LAND USE REGULATIONS—SINGLE-UNIT RESIDENTIAL DISTRICTS Use Classification R1 Additional Regulations
Residential Uses
Residential Housing Types See sub-classifcationsclassifications below.
Single-Unit Dwelling P
Accessory Dwelling Unit P Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Junior Accessory Dwelling
Unit
P Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Duplex MUP Only on parcels having not less than 6,000 square feet of area and a side parcel line of which abuts or is separated by an alley from any R2, R3, or R4 districtSection 9.31.125, Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential
Multiple-Unit Dwelling L(1) Section 9.31.195, Multiple-Unit Dwelling Projects Family Day Care See sub-classifcationsclassifications below.
Large P Section 9.31.140, Family Day Care, Large
Small P
Residential Facilities See sub-classifcationsclassifications below.
Residential Care, Limited P Section 9.31.270, Residential Care Facilities Hospice, Limited P
Supportive Housing P
Transitional Housing P Section 9.31.110, Congregate and Transitional Housing Public and Semi-Public Uses
Adult Day Care CUP
Child Care and Early Education
Facility
CUP Section 9.31.120, Child Care and Early Education Facilities Bed and Breakfast CUP Within Designated Landmarks only.
Section 9.31.090, Bed and Breakfasts
Community Assembly CUP Section 9.31.100, Community Assembly Community Gardens P
Park and Recreation Facilities,
Public
P
Schools, Public or Private CUP
Transportation, Communication, and Utilities Uses
City Bikeshare Facility P
Utilities, Minor P
Specific Limitations
(1) Permitted only on parcels with existing surface parking lots:
• Owned in whole or in part by a Community Assembly use in accordance with requirements of Section
9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots; or • Associated with existing multiple-unit dwellings or commercial uses in accordance with requirements of Section 9.31.197, Multiple-Unit Dwelling Projects Located on Residentially Zoned Surface Parking Lots. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2536CCS § 15, adopted February 28, 2017; Ord. No. 2649CCS § 5, adopted September 8, 2020)
8 8.A.b
Packet Pg. 126 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins))
9.07.030 Development Standards
Table 9.07.030 prescribes the development standards for the Single-Unit Residential (R1) District.
Additional regulations, including incentives for the retention of existing homes, are denoted with Section numbers throughout the table. Specific R1 District design review criteria is located directly following the table:
TABLE 9.07.030: DEVELOPMENT STANDARDS—SINGLE-UNIT RESIDENTIAL DISTRICT Standard R1 Additional Regulations
Parcel and Density Standards
Minimum Parcel Area (sq. ft.) 5,000
Maximum Parcel Area (sq. ft.) See Section 9.21.030(B)
Minimum Parcel Width (ft.) 50 For parcels bounded by the centerlines of First Court Alley, Seventh Street, Montana
Place North Alley, and Adelaide Drive, the
minimum parcel width is 100 ft. and the
minimum parcel depth is 175 ft.
Minimum Parcel Depth (ft.) 100
Maximum Residential Allowable
Density
1 unit per parcel plus 1 accessory
dwelling unit and 1 junior accessory
dwelling unit subject to Section 9.31.025
Accessory Dwelling Units and Junior
Accessory Dwelling Units shall be permitted
as provided in Section 9.31.125, Accessory
Dwelling Units and Junior Accessory
Dwelling Units
A duplex may shall be permitted as provided
in Section 9.31.125, Duplexes and Lot Splits
on Parcels Zoned for Single-Unit
Residentialwith an MUP as provided in
Table 9.07.020
Maximum Parcel Coverage (% of Parcel Area)
One-story structure less than 18
ft. in height 50%
For parcels less than 5,000 sq. ft., a
maximum parcel coverage equaling 2,500
sq. ft. shall be permitted.
One-story structure 18 ft. or more
in height 45%
For parcels less than 5,000 sq. ft., a
maximum parcel coverage equaling 2,250
sq. ft. shall be permitted.
Two-story structure 45%
Parcel coverage shall be the sum of
ground floor parcel coverage and
second story parcel coverage.
For parcels less than 5,000 sq. ft., a
maximum parcel coverage equaling 2,250
sq. ft. shall be permitted with no more than
1,125 sq. ft. allowable on the second story.
Existing two-story structure with
addition
(Applies to projects that do not
result in a demolition as defined
in Chapter 9.25, Demolition and
Relocation.)
55%
For a two-story structure, parcel
coverage shall be the sum of ground
floor parcel coverage and second story
parcel coverage.
For parcels less than 5,000 sq. ft., a
maximum parcel coverage equaling 2,750
sq. ft. shall be permitted with no more than
1,375 sq. ft. allowable on the second story.
Building Form and Location
Maximum Number of Stories 2
Maximum Building Height (ft.)
Parcels up to 20,000 sq. ft. in
area
28 ft.
with no wall height above 23 ft.
Walls associated with roof structure design
such as gables and dormers are permitted
above 23 ft., provided such walls comply
with upper-story stepback requirements.
9 8.A.b
Packet Pg. 127 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) TABLE 9.07.030: DEVELOPMENT STANDARDS—SINGLE-UNIT RESIDENTIAL DISTRICT Standard R1 Additional Regulations
Parcels greater than 20,000
sq. ft. in area and with a
front parcel line at least 200
ft. in length
• 28 ft. for flat roof
• 32 ft. for pitched roof
Projections into Height
Limits
See Section 9.21.060, Height Projections
Minimum Setbacks (ft.)
Front Per Official Districting Map or 20 ft. if
not specified
Side - One-story structure
less than 18 ft. in height
10% of parcel width or 3.5 ft.,
whichever is greater, but no more than
15 ft. required
Side - Aggregate of both sides
for a two-story structure or
one-story structure 18 ft. or
more in height
30% of parcel width, but no more than
45 ft. required and each side shall be at
least 10% of the parcel width or 3.5 ft.,
whichever is greater
The aggregate side setback requirement does
not apply to the following:
• New structures on parcels that are 45 ft.
or less in parcel width
• Additions to existing structures on parcels
that are less than 50 ft. in width
• Structures on parcels less than 5,000 sq.
ft.
Rear 15 ft. from rear parcel line
Additional Minimum Stepbacks for Upper Stories
10 8.A.b
Packet Pg. 128 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) TABLE 9.07.030: DEVELOPMENT STANDARDS—SINGLE-UNIT RESIDENTIAL DISTRICT Standard R1 Additional Regulations
Front Uupper-Sstory
sStepback
The sum of all stepback areas shall be
at least 1% of total parcel area and
comply with the following:
• Each stepback area shall have a
minimum depth of 3% of total parcel
depth and shall be measured from the
required front setback.
• Any stepback area exceeding 6% of
total parcel depth from the required
front setback shall not be included in
calculating compliance with this
standard.
• Any stepback area used to comply
with a side upper-story stepback
requirement shall not be included in
calculating compliance with this
standard.
• This standard shall apply to the
total front building elevation.The sum
of all stepback areas along the entire
front building elevation shall be at
least 1% of total parcel area and
comply with the requirements below.
However, if the entire upper story is
set back at least 3% of total parcel
depth from the required front setback,
no front upper-story stepback is
required.
• Each stepback area shall begin at
the required front setback and shall
comply with the following:
o The minimum stepback depth
shall be 3% of total parcel depth
and shall be measured from the
required front setback.
o The maximum stepback depth
shall be 6% of total parcel depth
and shall be measured from the
required front setback.
o Any stepback depth beyond 6%
of total parcel depth shall not be
included in calculating
compliance with this standard.
• Any stepback area used to comply
with a side upper-story stepback
requirement shall not be included in
calculating compliance with this
standard.
11 8.A.b
Packet Pg. 129 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) TABLE 9.07.030: DEVELOPMENT STANDARDS—SINGLE-UNIT RESIDENTIAL DISTRICT Standard R1 Additional Regulations
Side uUpper-Sstory
Sstepbacks
The sum of all stepback areas shall be
at least 1% of total parcel area and
comply with the following:
• Each stepback area shall have a
minimum depth of 20% of total parcel
width and shall be measured from the
side parcel line.
• Any stepback area with a depth
exceeding 25% of total parcel width
from the side parcel line shall not be
included in calculating compliance
with this standard.
• Any stepback area used to comply
with a front upper-story stepback
requirement shall not be included in
calculating compliance with this
standard.
• This standard shall apply to each
total side building elevation.The sum
of all stepback areas on each side
building elevation shall be at least 1%
of total parcel area and comply with
the requirements below. However, if
the entire upper story is set back at
least 20% of total parcel width from
the side parcel line, no side upperstory stepback is required for the subject elevation.
• Each stepback area shall begin at
each respective minimum side
setback line and shall comply with
the following:
o The minimum stepback depth
shall be 20% of total parcel width
and shall be measured from the
side parcel line.
o The maximum stepback depth
shall be 25% of total parcel width
and shall be measured from the
side parcel line.
o Any stepback depth beyond 25%
of total parcel width shall not be
included in calculating
compliance with this standard.
• Any stepback area used to comply
with a front upper-story stepback
requirement shall not be included in
calculating compliance with this
standard.
12 8.A.b
Packet Pg. 130 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) TABLE 9.07.030: DEVELOPMENT STANDARDS—SINGLE-UNIT RESIDENTIAL DISTRICT Standard R1 Additional Regulations
Sides—All portions of
buildings exceeding 23 ft. in
height
• No portion of a building other than
a permitted projection shall
intersect a plane commencing at 23
ft. in height at the minimum side
setback that extends at an angle of
45-degrees from the vertical toward
the interior of the site.
• The 23 ft. height measurement shall
be taken from the same reference
grade as determined for the subject
site pursuant to Section 9.04.050.
Upper-Story Outdoor Space
Maximum size of individual
balcony, terrace, deck, firststory roof deck, or similar outdoor space
3% of parcel area or 300 sq. ft.,
whichever is less
Individual balconies, terraces, decks, firststory roof decks, or similar outdoor spaces larger than 100 sq. ft. located in the rear half
of the parcel shall be set back a minimum
distance of 20% of the parcel width from the
side parcel lines.
Maximum size of roof deck
above second story
3% of parcel area or 300 sq. ft.,
whichever is less
Maximum of 1 per parcel with a 7 ft.
minimum setback from edges of building.
Openness and Use of Setbacks
Maximum Front Setback Paving (% of required front setback area) Parcels 25 ft. or more in
width
50%
Parcels less than 25 ft. in
width
60%
Building Projections into
Setbacks
See Section 9.21.110, Projections into Required Setbacks Excavation for Lightwells, Stairwells, and Access to Subterranean Garages and Basements Basements and subterranean
garages
No basement or subterranean garage
shall extend into any setback area,
except for any basement or garage
located beneath an accessory building
which is otherwise permitted within a
setback area, if such basement, semisubterranean, or subterranean garage is located at least 5 ft. from any parcel
line
Lightwells and stairwells
• Side and rear setbacks may be
utilized for lightwells or stairways
to below-grade areas
• Excavated areas shall be set back a
minimum of 10% of the parcel
width from any parcel line
measured to the interior wall
surface of these excavated areas
• For parcels where the aggregate side
setback is not required, up to a total of 50
sq. ft. within the side and rear setbacks
may be utilized for lightwells or stairways
to below-grade areas.
• Retaining walls shall not be included in
calculations for these excavated areas.
Excavation for access
Excavation in the front setback area
for a driveway, stairway, doorway, or
other such element for access purposes
shall be no deeper than 3 ft. below
existing grade
Vehicle Accommodation
13 8.A.b
Packet Pg. 131 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) TABLE 9.07.030: DEVELOPMENT STANDARDS—SINGLE-UNIT RESIDENTIAL DISTRICT Standard R1 Additional Regulations
Parking • See Sections 9.28.070, Location of Parking
• Section 9.28.120, Parking Design and Development Standards Driveways • On parcels less than 100 ft. in width, no more than one driveway permitted • See Section 9.28.120, Parking Design and Development Standards Incentives for Retention of Existing Homes
Building Additions Section 9.21.170, Building Additions Extending into Minimum Side Setbacks Modifications to Development
Standards
Chapter 9.43, Modification and Waivers
Architectural Review
Architectural Review See Section 9.07.030(A)
Additional Standards
Accessory Buildings and
Structures
Section 9.21.020, Accessory Buildings and Structures
Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Affordable Housing Production
Program Chapter 9.64, Affordable Housing Production Program Basements Section 9.52.020.0230, Basement Definition
Duplexes and Lot Splits on
Parcels Zoned for Single-Unit
Residential
Section 9.31.125, Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential
Fences, Walls, and Hedges Section 9.21.050, Fences, Walls, and Hedges Home Occupation Section 9.31.160, Home Occupation
Junior Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Landscaping Chapter 9.26, Landscaping
Lighting Section 9.21.080, Lighting
Multiple-Unit Dwelling Projects Section 9.31.195, Multiple-Unit Dwelling Projects Multiple-Unit Dwelling Projects
Located on Community
Assembly Surface Parking Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots
Multiple-Unit Dwelling Projects
Located on Residentially Zoned
Surface Parking Lots
Section 9.31.197, Multiple-Unit Dwelling Projects Located on Residentially Zoned Surface Parking Lots
Off-Street Parking Chapter 9.28, Parking, Loading, and Circulation Private Tennis Courts Section 9.31.250, Private Tennis Courts Projections from Buildings into
Minimum Setbacks
Section 9.21.110, Projections from Buildings into Minimum Setbacks Projections into Height Limits Section 9.21.060, Height Projections Refuse and Recycling Screening
and Enclosure
Section 9.21.130, Resource Recovery and Recycling Standards Solar Energy Systems Section 9.21.150, Solar Energy Systems A. Architectural Review.
1. Proposed development in the R1 Single-Unit District shall not be subject to architectural review if it conforms to the development standards set forth above except as follows:
a. The Architectural Review Board shall review any proposed duplex pursuant to Section
9.55.140.
14 8.A.b
Packet Pg. 132 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) b. i. The Architectural Review Board shall review proposed development that is located on a parcel with a grade differential of 12.5 feet or more between the front and rear parcel lines, and associated with the following:
(a) New residential building; or
(b) A 50% or greater square foot addition to an existing dwelling unit. ii. A proposed structure may be approved if its size, mass, and placement are found to be compatible with improvements in the immediate neighborhood.
2. The Architectural Review Board shall review and may approve proposed development that does not conform to the development standards set forth above as follows:
a. The Architectural Review Board shall review any proposed addition of 500 square feet or less that is regarded as a third story that is located on a parcel with a grade differential of
12.5 or more between the front and rear parcel lines. The Architectural Review Board may approve such an addition if the following findings of fact are made i. The street frontage and overall massing are compatible with the existing scale and neighborhood context;
ii. The addition does not enlarge the first-story of the existing residence such that a nonconforming condition is expanded; and
iii. The properties in the immediate neighborhood will not be substantially impacted. b. i. The Architectural Review Board shall review the following:
(a) Any proposed new structure on a parcel that is more than 45 feet in width that does not comply with the minimum aggregate side setback but that is set back a minimum of 10% of parcel width on each side;
(b) Any proposed addition to an existing structure on a parcel 50 feet or more that does not comply with the minimum aggregate side setback but that is set back a minimum of 10% of parcel width on each side;
(c) Any proposed two-story structure that does not conform to the standard set forth above for additional minimum stepbacks for upper stories; (d) Any proposed structure that does not conform to the standards for subterranean garages and basements set forth in Table 9.07.030, Chapter 9.28 (Parking), and Section 9.52.020.230 of this Code;
(e) Any proposed individual upper story balcony, terrace, deck, first-story roof deck, or similar outdoor space that does not conform to the standard set forth above;
(f) Any proposed structure with garage doors that face the public street, are located within the front half of the parcel, and: (i) are not set back from the primary façade facing the public street a minimum of 5 feet, or (ii) are more than 16 feet in width; or
(g) Any proposed structure that includes a first-story porch or second-story balcony that: (i) is open on at least three sides, (ii) has a height of no more than 14 feet, including parapets and railings, (iii) projects into the minimum front setback, and (iv) exceeds 50% of the front building width as measured at the front façade. 15 8.A.b
Packet Pg. 133 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) ii. The Architectural Review Board may approve a design modification set forth in this subsection if the following findings of fact are made:
(a) There are special circumstances or exceptional characteristics applicable to the property involved, including size, shape, topography, surroundings, or location of the existing improvements or mature landscaping on the site; (b) Granting the design modification will not be detrimental or injurious to the property or to improvements in the general vicinity and district in which the property is located;
(c) Granting the design modification will not impair the integrity and character of surrounding context, or impact the light, air, open space, or privacy of adjacent properties;
(d) If the design modification includes a modification or addition to a building on the City’s Historic Resources Inventory, the modification or addition is compatible with the building’s historic architectural character, does not result in the removal of historic building features, and is consistent with the Secretary of the Interior Standards for Rehabilitation; and
(e) The design modifications comply with the criteria set forth in Section 9.55.140. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord.
No. 2520CCS § 9, adopted June 14, 2016; Ord. No. 2524CCS § 2, adopted July 28, 2016; Ord. No. 2536CCS § 2, adopted February 28, 2017; Ord. No. 2624CCS § 3, adopted November 12, 2019; Ord. No. 2628CCS § 2, adopted January 28, 2020; Ord. No. 2649CCS § 6, adopted September 8, 2020) 16 8.A.b
Packet Pg. 134 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) Chapter 9.08
MULTI-UNIT RESIDENTIAL DISTRICTS
Sections:
9.08.010 Purpose
9.08.020 Land Use Regulations
9.08.030 Development Standards
9.08.010 Purpose
The purposes of the “Multi-Unit Residential” Districts are to:
A. Provide for a variety of multi-unit housing types to suit the spectrum of individual lifestyles and space needs and ensure continued availability of the range of housing opportunities necessary to sustain a diverse labor force and meet the needs of all segments of the community consistent with the General Plan.
B. Preserve and protect the existing character and state of the City’s different residential neighborhoods and the quality of life of City residents against potential impacts related to development—traffic, noise, air quality, and the encroachment of commercial activities.
C. Ensure adequate light, air, privacy, and open space for each dwelling.
D. Avoid overburdening public facilities, including sewer, water, electricity, and schools by an influx and increase of people to a degree larger than the City’s geographic limits, tax base, or financial capabilities can reasonably and responsibly accommodate.
E. Ensure that the scale and design of new development and alterations to existing structures are consistent with the scale, mass, and character of the existing residential neighborhood and provide respectful transitions to minimize impacts on or disruptions to adjacent residential structures.
F. Provide sites for institutional, residential, and neighborhood serving uses such as day care, parks, community facilities, and neighborhood stores that provide goods and services to support daily life within walking distance of neighborhoods and complement surrounding residential development.
The specific designations and the additional purposes of the Multi-Unit Residential Districts are:
R2 Low Density Residential. This Zoning District is intended to provide areas for a variety of low-density housing types. These include single-unit housing, duplexes, and triplexes, low-scale multi-unit housing, townhouses, and courtyard housing with at least one unit for each 2,000 square feet of parcel area per unit exclusive of City and State density bonuses. Accessory dwelling units and junior accessory dwelling units are also permitted. In addition to low density residential development, this District provides for uses such as transitional housing or hospice facilities, family day care, and neighborhood serving uses such as childcare, neighborhood grocery stores, and community facilities that may be appropriate in a residential environment.
R3 Medium Density Residential. This Zoning District is intended to provide areas for a variety of multiunit housing types with at least one unit for each 1,500 square feet of parcel area per unit exclusive of City and State density bonuses or one unit for each 1,250 square feet of parcel area per unit, not including City and State density bonuses, for projects that provide identified community benefits. Types of dwelling units include single-unit housing, low- and medium-scale multi-unit housing, townhouses, courtyard housing, and duplexes and triplexes. Accessory dwelling units and junior accessory dwelling units are also permitted.
This District also provides for residential facilities such as transitional housing and hospice facilities, family day care, and neighborhood serving uses such as childcare, neighborhood grocery stores, and community facilities that may be appropriate in a residential environment. 17 8.A.b
Packet Pg. 135 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) R4 High Density Residential. This Zoning District is intended to provide areas for multi-unit housing at greater intensities than other residential districts. Housing types include single-unit housing, three- to fourstory multi-unit housing projects, duplexes, and triplexes with at least one unit per 1,250 square feet of parcel area per unit exclusive of City and State density bonuses or one unit per 900 square feet of parcel area per unit, not including City and State density bonuses for projects that provide identified community benefits. Accessory dwelling units and junior accessory dwelling units are also permitted. This District also provides for residential facilities such as assisted living, transitional housing, and hospice facilities, hotels, family day care, and neighborhood serving uses such as childcare, neighborhood grocery stores, and community facilities that may be appropriate in a residential environment. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2649CCS § 7, adopted September 8, 2020)
9.08.020 Land Use Regulations
Table 9.08.020 prescribes the land use regulations for Multi-Unit Residential Districts. The regulations for each district are established by letter designations listed below. These designations apply strictly to the permissibility of land uses; applications for buildings or structures may require discretionary review. “P” designates permitted uses.
“L(#)” designates limited uses, which are permitted by right, provided they comply with specific limitations listed at the end of the table.
“CUP” designates use classifications that are permitted after review and approval of a Conditional Use Permit.
“MUP” designates use classifications that are permitted after review and approval of a Minor Use Permit. “–” designates uses that are not permitted.
Land uses are defined in Chapter 9.51, Use Classifications. Use classifications and sub-classifications not listed in the table are prohibited. Accessory uses are permissible when they are determined by the Zoning Administrator to be necessary and customarily associated with and appropriate, incidental, and subordinate to, the principal uses and which are consistent and not more disturbing or disruptive than permitted uses.
The table also notes additional use regulations that apply to various uses. Section numbers in the right-hand column refer to other Sections of this Ordinance.
TABLE 9.08.020: LAND USE REGULATIONS—MULTI-UNIT RESIDENTIAL DISTRICTS Use Classification
*For uses within specified areas, see Section
9.08.030(A)
R2* R3* R4 Additional Regulations
Residential Uses
Residential Housing Types See sub-classifications below.
Single Unit Dwelling P P P
Accessory Dwelling Unit P P P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Junior Accessory Dwelling Unit P P P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Duplex P P P
Multiple-Unit StructureDwelling P P P
Section 9.31.195, Multiple-Unit
Dwelling Projects
Senior Citizen Multiple-Unit Residential P P P Section 9.31.195, Multiple-Unit 18 8.A.b
Packet Pg. 136 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) TABLE 9.08.020: LAND USE REGULATIONS—MULTI-UNIT RESIDENTIAL DISTRICTS Use Classification
*For uses within specified areas, see Section
9.08.030(A)
R2* R3* R4 Additional Regulations
Dwelling Projects
Single-Room Occupancy Housing P P P
Section 9.31.330, Single Room
Occupancy Structures
Group Residential MUP MUP MUP
Congregate Housing P P P
Section 9.31.110, Congregate and
Transitional Housing
Senior Group Residential P P P
Section 9.31.310, Senior Group
Residential
Elderly and Long-Term Care CUP CUP CUP
Emergency Shelters – CUP CUP Section 9.31.130, Emergency Shelters
Family Day Care See sub-classifications below.
Large P P P
Section 9.31.140, Family Day Care,
Large
Small P P P
Residential Facilities See sub-classifications below.
Residential Care, General MUP MUP MUP Section 9.31.270, Residential Care Facilities
Residential Care, Limited P P P
Section 9.31.270, Residential Care
Facilities
Residential Care, Senior L (2)/MUP L (2)/MUP L (2)/MUP Section 9.31.270, Residential Care Facilities
Hospice, General MUP MUP MUP
Hospice, Limited P P P
Supportive Housing P P P
Transitional Housing P P P
Section 9.31.110, Congregate and
Transitional Housing
Public and Semi-Public Uses
Adult Day Care CUP CUP CUP
Child Care and Early Education Facilities CUP CUP CUP Section 9.31.120, Child Care and Early Education Facilities
Community Assembly CUP CUP CUP
Community Gardens P P P
Cultural Facilities CUP CUP CUP Limited to Designated Landmarks Park and Recreations Facilities, Public P P P
Schools, Public or Private CUP CUP CUP
Commercial Uses
Automobile/Vehicle Sales and Services See sub-classifications below.
Automobile Storage Use CUP (3) CUP (3) –
Section 9.31.070,
Automobile/Vehicle Sales, Leasing,
and Storage
Automobile/Vehicle Sales and Leasing L (4)/CUP L (4)/CUP – Section 9.31.070,
Automobile/Vehicle Sales, Leasing,
and Storage
Food and Beverage Sales See sub-classifications below.
General Market CUP (5) CUP (5) CUP (5) Section 9.31.040, Alcoholic 19 8.A.b
Packet Pg. 137 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) TABLE 9.08.020: LAND USE REGULATIONS—MULTI-UNIT RESIDENTIAL DISTRICTS Use Classification
*For uses within specified areas, see Section
9.08.030(A)
R2* R3* R4 Additional Regulations
Beverage Sales
Section 9.31.150, General Markets
in Residential Districts
Lodging See sub-classifications below.
Bed and Breakfast CUP CUP CUP
Within Designated Landmarks only.
Section 9.31.090, Bed and
Breakfasts
Hotels and Motels – – CUP
Mobile Food Truck Off-Street Venues – MUP (7) –
Section 9.31.190, Mobile Food
Truck Off-Street Venues
Personal Services, Physical Training – L (9) –
Retail Sales See sub-classifications below.
General Retail Sales, Small-Scale – CUP (8) –
Transportation, Communication, and Utilities Uses
City Bikeshare Facility P P P
Utilities, Minor P P P
Specific Limitations:
(1) Reserved.
(2) Facilities for 6 or fewer residents are permitted by right. Other facilities require approval of a Minor Use Permit. (3) Limited to automobile storage use associated with and adjacent to existing auto dealerships that were legally established before July 6, 2010, and according to the standards of Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage. (4) Auto dealership uses existing as of July 6, 2010 are considered permitted uses. Expansions to existing dealerships in residential zones are subject to approval of a Conditional Use Permit and must conform to the standards in Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage. New auto dealerships and expansions of existing dealerships inconsistent with Section 9.31.070 are prohibited. (5) Only stores up to 2,500 square feet may be allowed with approval of a Conditional Use Permit. Stores must be located at least 300 feet from another retail food and beverage services use.
(6) Reserved.
(7) Mobile food truck off-street venues shall only be located on the R3A overlay parcels located between Ocean Park Boulevard and Hill Street along the east side of Neilson Way.
(8) Limited to bicycle and skate rental facilities along Ocean Front. Other general retail sales uses are not permitted. (9) Limited to youth-serving studios of less than 3,000 square feet offering performing arts, dance, martial arts, physical exercise, and similar types of instruction in buildings designed and constructed for commercial purposes across an alley from the Downtown district subject to a passenger loading and drop-off plan to be reviewed and approved by the Director. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2649CCS § 8, adopted September 8, 2020)
9.08.030 Development Standards
Table 9.08.030 prescribes the development standards for the Multi-Unit Residential 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 Article, while individual letters in parentheses refer to subsections that directly follow the table.
TABLE 9.08.030: DEVELOPMENT STANDARDS—MULTI-UNIT RESIDENTIAL DISTRICTS Standard
*For development standards within
specified areas, see Section
9.08.030(A)
R2* R3* R4 Additional Regulations
Parcel and Density Standards
20 8.A.b
Packet Pg. 138 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) TABLE 9.08.030: DEVELOPMENT STANDARDS—MULTI-UNIT RESIDENTIAL DISTRICTS Standard
*For development standards within
specified areas, see Section
9.08.030(A)
R2* R3* R4 Additional Regulations
Minimum Parcel Size (sq. ft.) 5,000 5,000 5,000
Maximum Parcel Size (sq. ft.) See
9.21.030(B)(C)
See
9.21.030(B)(C)
See
9.21.030(B)(C)
Minimum Parcel Width (ft.) 50 50 50
Minimum Parcel Depth (ft.) 100 100 100
Minimum Parcel Area (sq. ft.) per UnitMaximum Allowable Density Tier 1—Base Standard
1 unit per 2,000
sq. ft. of parcel
area (or 4 total
units, whichever
is less)
1 unit per 1,500
sq. ft. of parcel
area (or 5 total
units, whichever
is less)
1 unit per 1,250
sq. ft. of parcel
area (or 6 total
units, whichever
is less)
For parcels consolidated to
provide courtyards, the
maximum allowable
number of units shall be
based on the total maximum
number of units allowed on
each of the parcels prior to
consolidation.
For projects eligible for
density bonus, see Section
9.22.050(C), Calculating
Base Density
Tier 2—With Provision of
Community Benefits NA 1,250 900 Chapter 9.23, Community Benefits 100% Affordable Housing
Projects 1,500 1,250 900
Building Form and Location
Maximum Number of Stories
Tier 1—Base Standard 2 2 3
Tier 2—With Provision of
Community Benefits NA 3 4
Chapter 9.23, Community
Benefits
100% Affordable Housing
Projects
No limit on number of stories as long as building
complies with height limit.
Maximum Building Height (ft.)
Tier 1—Base Standard 30. See (B) 30. See (B) 30. See (B) Tier 2—With Provision of
Community Benefits NA 40. See (B) 45. See (B) Chapter 9.23, Community Benefits 100% Affordable Housing
Projects 30. See (B) 40. See (B) 45. See (B)
Maximum Parcel Coverage
Ground FloorMaximum Parcel
Coverage (% of Parcel Area) 4550 5050 5050
For projects with a base
density between 8 to 10
units, an increase in parcel
coverage shall be permitted
as necessary to ensure a
Floor Area Ratio of 1.25
Upper Stories (% of allowable
ground floor coverage) 90 - 2nd flr. 90 - 2nd/3rd flr.
80 - 2nd flr.
60 - 3rd flr.
50 - 4th flr.
21 8.A.b
Packet Pg. 139 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) TABLE 9.08.030: DEVELOPMENT STANDARDS—MULTI-UNIT RESIDENTIAL DISTRICTS Standard
*For development standards within
specified areas, see Section
9.08.030(A)
R2* R3* R4 Additional Regulations
Additional Stories Authorized for
100% Affordable Housing Projects
(% of ground floor coverage)
90 90 50
Minimum Setbacks
Front (ft.) 20
See (C)(E)
20 See (C)(E)
20 See (C)(E)
Interior Side (ft.)—Parcels 50 feet
or more in width
8 See (E)
8 See (E)
8 See (E)
Interior Side (ft.)—Parcels less
than 50 ft in width
4, or 16% of
parcel width,
whichever is
greater. See (E)
4, or 16% of
parcel width,
whichever is
greater. See (E)
4, or 16% of
parcel width,
whichever is
greater. See (E)
Street Side (% of parcel width) 15
See (C)(E)
15 See (C)(E)
15 See (C)(E)
Rear (ft.) 15 15 15
Parking
See Sections 9.28.070, Location of Parking and
9.28.120, Parking Design and Development
Standards
Transition Requirements Adjacent to
R1 District See (D) See (D) See (D)
Open Space & Landscaping
Minimum Outdoor Living Area per
Unit (sq. ft.)—Sites with Three or
More Units
Section 9.21.090, Outdoor
Living Area
Private 60 60 60
Total 150 150 100
Courtyards—Parcels over 99 feet in
width
No less than
10% of the total
parcel area.
See (F)
No less than
10% of the total
parcel area.
See (F)
No less than
10% of the total
parcel area.
See (F)
Minimum Planting Area (% of parcel
area) 30. See (G) 25. See (G) 20. See (G) Chapter 9.26, Landscaping Additional Standards
Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Accessory Structures Section 9.21.020, Accessory Buildings and Structures Affordable Housing Production
Program Chapter 9.64, Affordable Housing Production Program Density Bonus Chapter 9.22 Density Bonus
Exceptions to Height Limits Section 9.21.060, Height Exceptions Fences and Walls Section 9.21.050, Fences, Walls, and Hedges Home Occupation Section 9.31.160, Home Occupation
Junior Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units
Landscaping Chapter 9.26, Landscaping
22 8.A.b
Packet Pg. 140 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) TABLE 9.08.030: DEVELOPMENT STANDARDS—MULTI-UNIT RESIDENTIAL DISTRICTS Standard
*For development standards within
specified areas, see Section
9.08.030(A)
R2* R3* R4 Additional Regulations
Lighting Section 9.21.080, Lighting
Multiple-Unit Dwelling Projects Section 9.31.195, Multiple-Unit Dwelling Projects Multiple-Unit Dwelling Projects
Located on Community Assembly
Surface Parking Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots
Multiple-Unit Dwelling Projects
Located on Residentially Zoned
Surface Parking Lots
Section 9.31.197, Multiple-Unit Dwelling Projects Located on Residentially Zoned Surface Parking Lots
Off-Street Parking and Loading Chapter 9.28, Parking, Loading, and Circulation Projections into Required Setbacks Section 9.21.110, Projections into Required Setbacks Refuse and Recycling Screening and
Enclosure Section 9.21.130, Resource Recovery and Recycling Standards Screening Section 9.21.140, Screening
Signs Chapter 9.61, Signs
Solar Energy Systems Section 9.21.150, Solar Energy Systems Refuse and Recycling Screening and
Enclosure Section 9.21.130, Resource Recovery and Recycling Standards A. Development Standards, Specified Areas. The following development standards shall govern in the areas defined below.
1. For Multi-Unit Residential District parcels located north of the Pier and west of Ocean Avenue, the following development standards shall apply in lieu of the corresponding land use regulations specified in Table 9.08.020 and development standards specified in Table 9.08.030:
a. Uses.
i. Permitted Uses: One Single-Unit Dwelling per lot placed on a permanent foundation (including Manufactured Housing); Accessory Dwelling Unit; Junior Accessory Dwelling Unit; Single-Room Occupancy Housing; Congregate Housing; Senior Citizen Multiple-Unit ResidentialDwelling; Senior Group Residential; Family Day Care, Small; Supportive Housing; Transitional Housing; Hospice, Limited; OneStory Accessory Building and Structures up to 14 feet in height; Public Parks and Playgrounds.
ii. Uses Subject to Minor Use Permits: Hospice, General; One-story accessory living quarters up to 14 feet in height on parcels having a minimum area of 10,000 square feet.
iii. Conditionally Permitted Uses: Bed and Breakfast; Day Care Center; Group Residential; Residential Care Facility; Offices and Meeting Rooms for Charitable, Youth, and Welfare Organizations; Schools.
b. Maximum Building Height. Maximum building height shall be 40 feet, except that:
i. No portion of the building may project beyond the site view envelope. The site view envelope is a theoretical plane beginning mid-point at the minimum required beach setback line and extending to a height of 30 feet, and then running parallel with the 23 8.A.b
Packet Pg. 141 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) side parcel lines to a point located 5 feet in height above the top of the Palisades bluff immediately behind the pedestrian railing.
ii. No portion of the building above 23 feet for a flat roof, and 30 feet for a pitched roof may exceed 30 feet in width. Multiple projections above 23 feet for a flat roof and 30 feet for a pitched roof shall be separated by a minimum 20-foot wide unobstructed view corridor. No projections, connections, or mechanical equipment may be placed in the view corridor.
c. Maximum Unit Allowable Density. For parcels 4,000 square feet or more, the maximum unit density shall be one dwelling unit for each 1,500 square feet of parcel area, or 4 total units, whichever is less. For parcels less than 4,000 square feet , no dwelling units shall be permitted, except that one dwelling unit may be permitted on any legal parcel which existed on September 8, 1988 or parcels 40 feet or less in width, one dwelling unit may be permitted, . No more than one dwelling unit shall be permitted on a parcel 40 feet or less in width. unless otherwise allowed in accordance with Section 9.31.125, Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential. Accessory dwelling units and junior accessory dwelling units established in accordance with Section 9.31.025 shall be deemed to meet the allowable density for the parcel on which the accessory dwelling unit or junior accessory dwelling unit is located.
d. Maximum Parcel Coverage. 50% of the parcel area. For projects with a base density between 8 to 10 units, an increase in parcel coverage shall be permitted as necessary to ensure a Floor Area Ratio of 1.25.
e. Front Yard Setback. The minimum required front yard setback shall be either 20 feet or shall comply with the minimum front yard setback for the district as set forth in the Official Districting Map, whichever area is greater. At least 30% of the building elevation above 14 feet in height shall provide an additional 5-foot average setback from the minimum required front yard setback.
f. Beach Rear Yard Setback. 15 feet for parcels 100 feet or less in depth and 55 feet for parcels over 100 feet in depth.
g. Side Yard Setback. The minimum required side yard setback shall be determined in accordance with the following formula, except that for lots of less than 50 feet in width, the minimum required side yard shall be 10% of the parcel width, but in any event not less than 4 feet:
5′ + (stories x parcel width)
50′
At least 25% of the side elevation above 14 feet in height shall provide an additional 4-foot average setback from the minimum required side yard setback. h. Minimum Parcel Size. 5,000 square feet. Each parcel shall contain a minimum depth of 100 feet and a minimum width of 50 feet, except that parcels existing on September 8, 1988 shall not be subject to this requirement.
i. Development Review. Except for projects listed in Section 9.40.020(B), a development review permit shall be required for any development of 10,000 square feet or more in floor area.
24 8.A.b
Packet Pg. 142 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) ij. View Corridor. A structure with 70 square linear feet or more of frontage parallel to Pacific Coast Highway shall provide an unobstructed view corridor between Pacific Coast Highway and the ocean. The view corridor shall be a minimum of 20 feet in width and 40 feet in height measured from the property line parallel to the Pacific Coast Highway. jk. Parking. Uncovered parking may be located in the front half of the parcel and within the minimum required front yard setback.
kl. Private Open Space. Any project containing 4 or more residential dwelling units shall provide the following minimum open space: 100 square feet per unit for projects with 4 or 5 units, and 50 square feet per unit for projects of 6 units or more. For purposes of this requirement, “residential dwelling unit” shall mean any unit 376 square feet in area or larger. Affordable housing projects may substitute one square foot of common open space for each square foot of required private open space.
lm. Projections into Beach Rear Yard Setback. For parcels 100 feet or less in depth, balconies, decks, porches, and similar structures that are open and unenclosed on at least 2 sides shall be allowed to extend to the rear property line in the beach rear yard setback but not within the minimum side yard setbacks.
2. For Multi-Unit Residential District parcels bounded by Neilson Way to the east, Ocean Park Boulevard to the south, Barnard Way to the west, and up to and including the parcels on the north side of Wadsworth Avenue to the north, the following development standards shall apply in lieu of the corresponding land use regulations specified in Table 9.08.020 and development standards specified in Table 9.08.030:
a. Uses.
i. Permitted Uses: One Single Unit Dwelling per parcel on a permanent foundation (including Manufactured Housing); one Duplex (including a detached second unit when located on a parcel containing one Single Unit Dwelling) on any legal parcel that existed on August 31, 1975; Accessory Dwelling Unit; Junior Accessory Dwelling Unit; Family Day Care, Small; Family Day Care, Large; Hospice, Limited; Supportive Housing, Transitional Housing; Public Parks and Playgrounds. ii. Uses Subject to Minor Use Permits: One-story accessory living quartersbuildings up to 14 feet in height on parcels having a minimum area of 10,000 square feet, exclusive of Accessory Dwelling Units and Junior Accessory Dwelling Units; Hospice, General.
iii. Conditionally Permitted Uses: One-story accessory buildings over 14 feet in height or two-story accessory buildings up to a maximum of 24 feet, exclusive of Accessory Dwelling Units and Junior Accessory Dwelling Units.
b. Maximum Building Height. 2 stories, not to exceed 23 feet for a flat roof or 30 feet for a pitched roof. A “pitched roof” is defined as a roof with at least 2 sides having no less than one foot of vertical rise for every 3 feet of horizontal run. The walls of the building may not exceed the maximum height required for a flat roof. There shall be no limitation on the number of stories of any affordable housing project, as long as the building height does not exceed the maximum number of feet permitted in this Section. c. Maximum Unit Allowable Density. A minimum of one unit per 1,500 square feet of parcel area for each dwelling unit, or 4 units total, whichever is less. However, one duplex shall 25 8.A.b
Packet Pg. 143 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) be permitted on any legal parcel that existed on August 31, 1975. Accessory dwelling units and junior accessory dwelling units established in accordance with Section 9.31.025 shall be deemed to meet the allowable density for the parcel on which the accessory dwelling unit or junior accessory dwelling unit is located.
d. Maximum Parcel Coverage. 60% of the parcel area. For projects with a base density between 8 to 10 units, an increase in parcel coverage shall be permitted as necessary to ensure a Floor Area Ratio of 1.25.
e. Minimum Parcel Size. 3,000 square feet. Each parcel shall have a minimum depth of 100 feet and a minimum width of 30 feet, except that parcels already developed and existing on September 8, 1988, shall not be subject to this requirement. f. Front Yard Setback. 10 feet.
g. Rear Yard Setback. 15 feet.
h. Side Yard Setback. The minimum required side yard setback shall be determined in accordance with the following formula, except that for lots of less than 50 feet in width, the minimum required side yard setback shall be 10% of the parcel width, but in any event not less than 4 feet:
5′ + (stories x lot width)/50′
i. Front Yard Paving. No more than 50% of the area of the required front yard setback, including driveways, shall be paved.
j. Private Open Space. Any project containing 4 or more residential dwelling units shall provide the following minimum open space: 100 square feet per unit for projects with 4 or 5 units, and 50 square feet per unit for projects of 6 units or more. For purposes of this requirement, “residential dwelling unit” shall mean any unit 376 square feet in area or larger. Affordable housing projects may substitute one square foot of common open space for each square foot of required private open space.
k. Design Review. Pursuant to Section 9.55.170, all projects are subject to design review subject to Chapter 9.55.
3. For Multi-Unit Residential District parcels bounded by Appian Way to the east, Vicente Terrace to the south, Ocean Front Walk to the west, and Seaside Terrace to the north, the following development standards shall apply in lieu of the corresponding land use regulations specified in Table 9.08.020 and development standards specified in Table 9.08.030:
a. Uses.
i. Permitted Uses: Single-Unit Dwellings placed on a permanent foundation (including Manufactured Housing); Multiple-Unit Dwellings; Accessory Dwelling Unit; Junior Accessory Dwelling Unit; Single-Room Occupancy Housing; Congregate Housing; Senior Citizen Multiple-Unit Residential; Senior Group Residential; Family Day Care, Small; Supportive Housing; Transitional Housing; Hospice, Limited; OneStory Accessory Building and Structures up to 14 feet in height; Public Parks and Playgrounds.
ii. Uses Subject to Minor Use Permits: One-Story Accessory Living Quarters up to 14 feet in height on parcels having a minimum area of 10,000 square feet; Hospice, General.
26 8.A.b
Packet Pg. 144 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) iii. Conditionally Permitted Uses: Bed and Breakfast; Day Care Center; Group Residential; Residential Care Facility; Community Assembly; Emergency Shelter; One-Story Accessory Buildings over 14 feet in height or Two-Story Accessory Buildings up to a maximum of 24 feet; Offices and Meeting Rooms for Charitable, Youth, and Welfare Organizations; Schools; Convenience Market; Bicycle and Skate Rental Facilities; Underground Parking Structures provided the parcel was occupied by a surface parking lot at the time of adoption of this Chapter, the parcel is not adjacent to a parcel in the NC District, the ground level above the underground parking structure is used for residential or public park and open space uses, the structure is associated with an adjacent commercially zoned parcel, and the vehicle access to the underground parking is from the commercially zoned parcel and as far from the residentially zoned parcel as is reasonably possible. b. Maximum Building Height. 2 stories, not to exceed 30 feet, except that there shall be no limitation on the number of stories of any affordable housing project, as long as the building height does not exceed 30 feet.
c. Maximum Floor Area Ratio. 1.0. For projects with a base density between 8 to 10 units, a Floor Area Ratio of 1.25 is permitted.
d. Maximum Unit Allowable Density. For projects on parcels of 4,000 square feet or more, one dwelling unit for each 1,500 square feet of parcel area shall be permitted, or 5 units total, whichever is less. For parcels less than 4,000 square feet, no dwelling units shall be permitted, except that one dwelling unit may be permitted if a single-unit dwelling existed on the parcel on September 8, 1988, unless otherwise allowed in accordance with Section
9.31.125, Duplexes and Lot Spits on Parcels Zoned for Single-Unit Residential. Accessory dwelling units and junior accessory dwelling units established in accordance with Section
9.31.025 shall be deemed to meet the allowable density for the parcel on which the accessory dwelling unit or junior accessory dwelling unit is located. e. Maximum Parcel Coverage. 50% of the parcel area. For projects with a base density between 8 to 10 units, an increase in parcel coverage shall be permitted as necessary to ensure a Floor Area Ratio of 1.25
f. Minimum Parcel Size. 5,000 square feet. Each parcel shall contain a minimum depth of 100 feet and a minimum width of 50 feet, except that parcels existing on September 8, 1988 shall not be subject to this requirement.
g. Front Yard Setback. The minimum required front yard setback shall be either 20 feet, or shall comply with the minimum front yard setback for the district as set forth in the Official Districting Map, whichever area is greater.
h. Rear Yard Setback. 15 feet.
i. Side Yard Setback. The minimum required side yard setback shall be determined in accordance with the following formula, except that for lots of less than 50 feet in width, the minimum required side yard setback shall be 10% of the parcel width, but in any event not less than 4 feet:
5′ + (stories x lot width)/50′
27 8.A.b
Packet Pg. 145 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) j. Development Review. Except for projects listed in Section 9.40.020(B), a development review permit shall be required for any development of 10,000 square feet or more in floor area.
jk. Private Open Space. Any project containing 4 or more residential dwelling units shall provide the following minimum open space: 100 square feet per unit for projects with 4 or 5 units, and 50 square feet per unit for projects of 6 units or more. For purposes of this requirement, “residential dwelling unit” shall mean any unit 376 square feet in area or larger. Affordable housing projects may substitute one square foot of common open space for each square foot of required private open space.
kl. Upper-Level Stepback Requirements.
i. Additional Front Stepback Over 14 Feet in Height. For new structures or additions to existing structures, any portion of the front building elevation above 14 feet exceeding 75% of the maximum buildable front elevation shall be stepped back from the front setback line an additional average amount equal to 4% of parcel depth, but in no case resulting in a requirement stepback greater than 10 feet. As used in this Section, “maximum buildable elevation” shall mean the maximum potential length of the elevation permitted under these regulations, which includes parcel width or length (as applicable), minus required minimum setbacks. ii. Additional Side Stepback Over 14 Feet in Height. For new structures or additions to existing structures, any portion of the side building elevation above 14 feet exceeding 50% of the maximum buildable side elevation shall be stepped back from the side setback line an additional average amount equal to 6% of parcel width, but in no case resulting in a required stepback greater than 10 feet.
iii. The upper-level stepback requirements may be modified subject to the review and approval of the Architectural Review Board if the Board finds that the modification will not be detrimental to the property, adjoining properties, or the general area in which the property is located, and the objectives of the stepback requirements are satisfied by the provision of alternative stepbacks or other features which reduce effective mass to a degree comparable to the relevant standard requirement.
B. Additional Stepback at Upper Stories. The maximum building height shall not exceed 30 feet in the R2 District, 40 feet in the R3 District, and 45 feet in the R4 District, and shall be subject to the following standards:
1. R2 District. No portion of the building volume above 23 feet shall encroach into a daylight plane starting at 23 feet above the front setback line and sloping upward at a 45-degree angle toward the rear of the parcel. The 23-foot height measurement shall be taken from the same reference grade as determined for the subject site pursuant to Section 9.04.050.
2. R3 District. No portion of the building volume above 35 feet shall encroach into a daylight plane starting at 35 feet above the front setback line and sloping upward at a 45-degree angle toward the rear of the parcel. The 35-foot height measurement shall be taken from the same reference grade as determined for the subject site pursuant to Section 9.04.050.
3. R4 District. No portion of the building volume above 40 feet shall encroach into a daylight plane starting at 40 feet above the front setback line and sloping upward at a 45-degree angle toward the rear of the parcel. The 40-foot height measurement shall be taken from the same reference grade as determined for the subject site pursuant to Section 9.04.050. 28 8.A.b
Packet Pg. 146 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins))
4. The covered portion of all stories above the second story in any multi-unit structure shall be set back an average of 10 feet from the second floor front façade.
C. Front and Side Setbacks.
1. The front yard setback on Arcadia Terrace and Seaview Terrace shall be 30 feet measured from the center line of the walkway.
2. In the R2, R3, and R4 Districts, the street side setback shall be at least 15% of the parcel width but no less than 6 feet and is not required to exceed 10 feet.
3. Where a corner parcel in an R2, R3, or R4 District abuts a parcel in an R1 District, the street side setback shall be at least half of the required front setback in the adjacent R1 District.
D. Transition Requirements Adjacent to R1 District. Where an R2, R3, or R4 District adjoins an R1 District, the following standards apply:
1. The maximum height within 25 feet of an R1 District is 23 feet for a building with a flat roof. A building with a pitched roof may be built to the maximum height.
2. The building setback from an R1 District boundary shall be 10 feet for interior side setbacks and 20 feet for rear setbacks.
3. A landscaped planting area, a minimum of 5 feet in width, shall be provided along all R1 District boundaries. A tree screen shall be planted in this area with trees planted at a minimum interval of 15 feet.
E. Special Project Design and Development Standards. The new construction of or new addition to a principal building shall comply with the following standards:
1. Street-facing pedestrian entries shall not be located below grade, and any excavation to access the entry shall be prohibited.
2. An additional 5-foot setback beyond the minimum front yard setback set forth in Section
9.08.030 is required for at least 25% of the width of the front façade. This setback shall be fully integrated into the building through balconies, decks, or other elements that articulate the front of the building.
3. All required setbacks set forth in Section 9.08.030 shall be open to the sky except for permitted architectural projections contained in Section 9.21.110.
4. Mezzanines shall be concealed within the building and shall not appear as an additional story on the exterior building façade.
5. An additional 2-foot average side yard setback from the minimum side setback requirement set forth in Section 9.08.030 shall be provided at each story. Setback areas greater than 5 feet in depth from the minimum side yard setback, or the area used to comply with the additional setback requirements of this Section, shall not be used to satisfy compliance with this requirement.
6. The allocation of allowable parcel coverage area shall be distributed to provide clear delineation between individual units through: changes in wall plane, in plan or section; use of additional stepbacks; use of decks or balconies; or other architectural and spatial manipulation. A change in plane to differentiate individual units shall be a minimum of 12 inches. However, more than one but no more than 3 units may be grouped together for the purpose of providing a shared entry, balcony or other common exterior space.
29 8.A.b
Packet Pg. 147 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) F. Courtyards. Parcels having a width greater than 99 feet and located in the R2, R3, or R4 District shall provide a courtyard on the lot. Courtyards shall comply with the following design criteria:
1. Courtyards shall be no less than 10% of the total lot area and in no case less than 1,000 square feet with a minimum width and length of 18 feet measured parallel to the front and side parcel lines. Required setback area shall not count toward the minimum width and length or 1,000 square foot requirement.
2. Courtyards shall be open to the sky, but may include permitted projections set forth in Section
9.21.110 for side yard projections. If mechanical or utility equipment is placed in the courtyard, it shall be screened visually and acoustically and shall not encroach into the minimum courtyard area.
3. A minimum of 50% of the courtyard’s perimeter shall be enclosed by a building.
4. Courtyards shall be visible and accessible from the sidewalk and each ground floor unit.
Courtyards shall be visible from the street with a minimum 10-foot wide opening that is open to the sky. For openings less than 18 feet in width into courtyards, the depth of the opening shall not exceed twice the width of the opening.
5. At least 50% of courtyard areas shall be planted pursuant to Sections 9.26.060 and 9.26.070.
Planting shall be at grade or in finished planters not exceeding 18 inches above finished grade.
At least one canopy tree in a tree well providing a minimum soil volume pursuant to Section
9.26.050(A)(3) shall be planted in all courtyards.
6. The majority of primary entrances to all ground floor units shall be accessed from the street frontage or courtyard.
G. Planting Areas. The following areas shall be landscaped and may count toward the total area of site landscaping required by Table 9.08.030.
1. Setback Areas Adjacent to Streets. All visible portions of a required setback area adjacent to a street that are not used for driveways or walks shall be dedicated for planting areas or landscaping. These areas shall be planted with the appropriate number and sizes of trees as necessary to provide shade and to increase a project’s energy efficiency. Recreational vehicles, utility trailers, unmounted camper tops, boats, cars, trucks, motorcycles, or other vehicles shall not be parked or stored within a required planting or landscape area.
2. Interior Side Setback Areas. At least 50% of each required setback area shall be planting area, except that for parcels less than 50 feet in width, 50% of any one interior side setback area shall be planted.
3. Adjacent to R1 Districts. A continuous planting area having a minimum width of 5 feet is provided along interior parcel lines when an R2, R3, or R4 District is adjacent to an R1 District. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2520CCS § 5, adopted June 14, 2016; Ord. No. 2536CCS § 17, adopted February 28, 2017; Ord. No. 2576CCS § 2, adopted June 12, 2018; Ord. No. 2649CCS § 9, adopted September 8, 2020) 30 8.A.b
Packet Pg. 148 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) Chapter 9.09
OCEAN PARK NEIGHBORHOOD DISTRICTS
Sections:
9.09.010 Purpose
9.09.020 Land Use Regulations
9.09.030 Development Standards
9.09.010 Purpose
The purposes of the “Ocean Park Neighborhood” Districts are to:
A. Maintain the Ocean Park neighborhood as an eclectic residential neighborhood that maintains its identity as a beach-oriented community in the middle of a thriving urban environment.
B. Ensure that the scale and design of new or rehabilitated development is sensitive to the scale and massing of existing adjacent structures and with the surrounding neighborhood context.
C. Provide for the maintenance and continuation of a mixture of residential building types that range from older single-unit homes, duplexes, and triplexes to multi-unit housing.
D. Protect the quality of life of neighborhood residents against potential impacts related to development—traffic, noise, air quality, and the encroachment of commercial activities.
E. Ensure adequate light, air, privacy, and open space for each dwelling.
F. Avoid overburdening public facilities, including sewer, water, electricity, and schools, by an influx and increase of people to a degree larger than the City’s geographic limits, tax base, or financial capabilities can reasonably and responsibly accommodate.
G. Provide sites for institutional, residential, and neighborhood serving uses such as day care, parks, community facilities, and neighborhood stores that provide goods and services to support daily life within walking distance of neighborhoods and complement surrounding residential development.
The specific designations and the additional purposes of the Ocean Park Districts are:
OP1 Ocean Park Single Unit Residential. This Zoning District is intended to maintain areas where single unit housing predominates. This District allows for single unit housing on individual parcels at densities of one unit plus one accessory dwelling unit and one junior accessory dwelling unit per legal parcel. In addition to detached single unit dwellings, accessory dwelling units, and junior accessory dwelling units, this District provides for uses such as parks and family day care that may be appropriate in a residential environment.
OPD Ocean Park Duplex Residential. This Zoning District is intended to maintain areas where single unit and duplex residential uses predominate and is in particular, intended to preserve the unique characteristics of the Copeland Court walk street. In addition to detached single unit dwellings, accessory dwelling units, junior accessory dwelling units, and duplexes, this District provides for uses such as parks and family day care, transitional housing, hospice facilities, and neighborhood serving uses such as childcare and community facilities that may be appropriate in a residential environment.
OP2 Ocean Park Low Density Residential. This Zoning District is intended to provide a variety of lowdensity housing types that reflects the distinct identity of the Ocean Park neighborhood. These types include single unit dwellings, accessory dwelling units, junior accessory dwelling units, duplexes and triplexes, townhouses, and courtyard housing with at least 2,000 square feet of parcel area per unit exclusive of City and State density bonuses. In addition to low density residential development, this District provides for uses such as transitional housing or hospice facilities, family day care, and neighborhood serving uses such as childcare, neighborhood grocery stores, and community facilities that may be appropriate in a residential environment.
31 8.A.b
Packet Pg. 149 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) OP3 Ocean Park Medium Density Residential. This Zoning District is intended to maintain a variety of multi-unit housing types with at least 1,500 square feet of parcel area per unit or 1,250 square feet of parcel area per unit for projects that provide identified community benefits. Types of dwelling units include lowand medium-scale single-unit dwellings, multiple-unit dwellings, townhouses, courtyard housing, duplexes, triplexes, accessory dwelling units, and junior accessory dwelling units. This District also provides for residential facilities such as transitional housing and hospice facilities, family day care, and neighborhood serving uses such as childcare, neighborhood grocery stores, and community facilities that may be appropriate in a residential environment.
OP4 Ocean Park High Density Residential. This Zoning District is intended to provide areas for multiunit housing at greater intensities than other Ocean Park Neighborhood districts. Housing types include single-unit dwellings, three- to four-story multi-unit housing projects, duplexes, triplexes, accessory dwelling units, and junior accessory dwelling units. This District also provides residential facilities such as assisted living, transitional housing, and hospice facilities, family day care, hotels, and neighborhoodserving uses such as childcare, neighborhood grocery stores, and community facilities that may be appropriate in a residential environment. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2536CCS § 18, adopted February 28, 2017; Ord. No. 2649CCS § 10, adopted September 8, 2020)
9.09.020 Land Use Regulations
Table 9.09.020 prescribes the land use regulations for Ocean Park Neighborhood Districts. The regulations for each district are established by letter designations listed below. These designations apply strictly to the permissibility of land uses; applications for buildings or structures may require discretionary review. “P” designates permitted uses.
“L(#)” designates limited uses, which are permitted by right, provided they comply with specific limitations listed at the end of the table.
“CUP” designates use classifications that are permitted after review and approval of a Conditional Use Permit.
“MUP” designates use classifications that are permitted after review and approval of a Minor Use Permit. “–” designates uses that are not permitted.
Land uses are defined in Chapter 9.51, Use Classifications. Use classifications and sub-classifications not listed in the table are prohibited. Accessory uses are permissible when they are determined by the Zoning Administrator to be necessary and customarily associated with and appropriate, incidental, and subordinate to, the principal uses and which are consistent and not more disturbing or disruptive than permitted uses.
The table also notes additional use regulations that apply to various uses. Section numbers in the right-hand column refer to other Sections of this Ordinance.
TABLE 9.09.020: LAND USE REGULATIONS—OCEAN PARK NEIGHBORHOOD DISTRICTS Use Classification OP1 OPD OP2 OP3 OP4 Additional Regulations Residential Uses
Residential Housing
Types See sub-classifications below.
Single Unit Dwelling P P P P P
Accessory Dwelling
Unit P P P P P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
32 8.A.b
Packet Pg. 150 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) TABLE 9.09.020: LAND USE REGULATIONS—OCEAN PARK NEIGHBORHOOD DISTRICTS Use Classification OP1 OPD OP2 OP3 OP4 Additional Regulations Junior Accessory
Dwelling Unit P P P P P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Duplex –P P P P P
For OP1, see Section 9.31.125,
Duplexes and Lot Splits on Parcels
Zoned for Single-Unit Residential
Section 9.31.195, Multiple-Unit
Dwelling Projects
Multiple-Unit
StructureDwelling –L(1) – P P P
Section 9.31.195, Multiple-Unit
Dwelling Projects
Senior Citizen
Multiple-Unit
Residential
–(L)1 – P P P
Section 9.31.195, Multiple-Unit
Dwelling Projects
Single-Room
Occupancy Housing – – P P P
Section 9.31.330, Single Room
Occupancy Structures
Group Residential – – MUP MUP MUP
Congregate Housing – – P P P
Section 9.31.110, Congregate and
Transitional Housing
Senior Group
Residential – L (2) P P P
Section 9.31.310, Senior Group
Residential
Elderly and LongTerm Care – – CUP CUP CUP
Emergency Shelters – – CUP CUP CUP Section 9.31.130, Emergency Shelters
Family Day Care See sub-classifications below.
Large P P P P P
Section 9.31.140, Family Day
Care, Large
Small P P P P P
Residential Facilities See sub-classifications below.
Residential Care,
General – – MUP MUP MUP Section 9.31.270, Residential Care Facilities Residential Care,
Limited P P P P P
Section 9.31.270, Residential Care
Facilities
Residential Care,
Senior L (2) L (2) L (3)/MUP L (3)/MUP L (3)/MUP Section 9.31.270, Residential Care Facilities Hospice, General – MUP MUP MUP MUP
Hospice, Limited P P P P P
Supportive Housing P P P P P
Transitional Housing P P P P P
Section 9.31.110, Congregate and
Transitional Housing
Public and Semi-Public Uses
Adult Day Care CUP CUP CUP CUP CUP
Child Care and Early
Education Facilities CUP CUP CUP CUP CUP Section 9.31.120, Child Care and Early Education Facilities Community Assembly – – CUP CUP CUP Section 9.31.100, Community Assembly
Community Gardens P P P P P
Cultural Facilities – CUP CUP CUP CUP Limited to Designated Landmarks 33 8.A.b
Packet Pg. 151 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) TABLE 9.09.020: LAND USE REGULATIONS—OCEAN PARK NEIGHBORHOOD DISTRICTS Use Classification OP1 OPD OP2 OP3 OP4 Additional Regulations Park and Recreations
Facilities, Public P P P P P
Schools, Public or Private CUP CUP CUP CUP CUP
Commercial Uses
Food and Beverage Sales See sub-classifications below.
General Market – – CUP (4) CUP (4) CUP (4)
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.150, General Markets
in Residential Districts
Lodging See sub-classifications below.
Bed and Breakfast – – CUP CUP CUP
Within Designated Landmarks
only.
Section 9.31.090, Bed and
Breakfasts
Hotels and Motels – – – – CUP
Transportation, Communication, and Utilities Uses
City Bikeshare Facility P P P P P
Utilities, Minor P P P P P
Specific Limitations:
Specific Limitations:
(1) Reserved.Permitted only on parcels with existing surface parking lots:
• Owned in whole or in part by a Community Assembly use in accordance with requirements of Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots; or • Associated with existing multiple-unit dwelling or commercial uses in accordance with requirements of Section
9.31.197, Multiple-Unit Dwelling Projects Located on Residentially Zoned Surface Parking Lots. (2) Limited to facilities for 6 or fewer residents; facilities for more than 6 residents not permitted. (3) Limited to facilities for 6 or fewer residents. Facilities for more than 6 residents require a Minor Use Permit. (4) Only stores up to 2,500 square feet may be allowed with approval of a Conditional Use Permit. Stores must be located at least 300 feet from a commercial district with a food and beverage service use. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2536CCS § 19, adopted February 28, 2017; Ord. No. 2649CCS § 11, adopted September 8, 2020)
9.09.030 Development Standards
Table 9.09.030 prescribes development standards for Ocean Park Neighborhood 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 Article, while individual letters in parentheses refer to subsections that directly follow the table.
TABLE 9.09.030: DEVELOPMENT STANDARDS—OCEAN PARK NEIGHBORHOOD DISTRICTS Standard OP1 OPD OP2 OP3 OP4 Additional Regulations
Parcel and Density Standards
Minimum Parcel Size (sq. ft.) 4,000 5,000 5,000 5,000 5,000 Maximum Parcel Size (sq. ft.) See
9.21.030(B)
See
9.21.030(B)
See
9.21.030(B)
See
9.21.030(B)
See
9.21.030(B)
Minimum Parcel Width (ft.) 25 50 50 50 50
Minimum Parcel Depth (ft.) 80 100 100 100 100
Minimum Parcel Area (sq. ft.) per Unit
34 8.A.b
Packet Pg. 152 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) TABLE 9.09.030: DEVELOPMENT STANDARDS—OCEAN PARK NEIGHBORHOOD DISTRICTS Standard OP1 OPD OP2 OP3 OP4 Additional Regulations
Tier 1—Base
StandardMaximum
Allowable Density
N/A1 unit
per parcel
2 units per
parcel
1 unit per
2,000 sq.
ft. of
parcel
area
1 unit per
1,500 sq.
ft. of
parcel
area
1 unit per
1,250 sq. ft.
of parcel
area
See (A)
For OP1, a duplex shall be
permitted as provided in
Section 9.31.125, Duplexes
and Lot Splits on Parcels
Zoned For Single-Unit
Residential.
For projects eligible for
density bonus, see Section
9.22.050(C), Calculating
Base Density
Building Form and Location
Maximum Number of Stories
Tier 1—Base Standard 2 2 2 See (B) 2 3
100% Affordable Housing
Projects 2
No limit
to stories
No limit
to stories
No limit
to stories
No limit to
stories
Maximum Building Height (ft.)
Base Standard—Flat Roofs;
Roofs Pitched Less Than 1:3 20 23 23 See (B) 23 35
Pitched Roofs 27 30 30 See
(B) 30 35
The walls of the building
may not exceed the
maximum height required
for a flat roof
Maximum Parcel Coverage (% of Parcel Area)
Tier 1—Base Standard 50 50 50 50 50
55% for parcels less than 35
ft. in width in OP1
For projects with a base
density between 8 to 10
units, an increase in parcel
coverage shall be permitted
as necessary to ensure a
Floor Area Ratio of 1.25
100% Affordable Housing
Projects 60 60 60 60 60
Minimum Setbacks (ft.)
Front
15 30 20 20 15 Except for OPD, a onestory covered or uncovered porch open on 3 sides may
encroach 6 ft. into the
required front setback if the
roof does not exceed a
height of 14 ft. and the
porch width does not
exceed 40% of the building
width at the front of the
building
[10, if
average of
adjacent
dwelling(s)
is 10 ft. or
less]
measured
from the
centerline of
the
walkway
[15, if
average of
adjacent
dwelling(s)
is 15 ft. or
less]
[15, if
average of
adjacent
dwelling(s)
is 15 ft. or
less]
[10, if
average of
adjacent
dwelling(s) is
10 ft. or less]
Side—Blank walls and walls
containing secondary
windows on parcels less than
50 ft. in width
Greater of 4 ft. or 10% of parcel width 3 ft. for parcels less than 35 ft. in width in OP1
35 8.A.b
Packet Pg. 153 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) TABLE 9.09.030: DEVELOPMENT STANDARDS—OCEAN PARK NEIGHBORHOOD DISTRICTS Standard OP1 OPD OP2 OP3 OP4 Additional Regulations
Side—Blank walls and walls
containing secondary
windows on parcels 50 ft. or
more in width
See formula in (C)
Side—Walls containing
primary windows on parcels
less than 50 ft. in width
8 ft. setback from property line. 12 ft. of separation must be maintained between primary window and any
adjacent structures
3 ft. for parcels less than 35
ft. in width in OP1
Side—Walls containing
primary windows on parcels
50 ft. or more in width
12 ft. See (C)
Street Side—Parcels less than
50 ft. in width
Greater
of 4 ft. or
10% of
parcel
width
See formula in (C) 3 ft. for parcels less than 35
ft. in width in OP1
Street Side—Parcels 50 ft. or
more in width See (C) 10 ft. See (C)
Rear 10 15 15 15 15
Parking See Sections 9.28.070, Location of Parking and 9.28.120, Parking Design and Development Standards
Minimum Spacing between
Buildings (ft.) – Buildings facing
each other on the same lot
– See (D) See (D) See (D) See (D)
Transition Requirements
Adjacent to OP1 or OPD
Districts
– – See (F) See (F) See (F)
Open Space & Landscaping
Minimum Outdoor Living Area
(sq. ft.) per Dwelling Unit
Section 9.21.090, Outdoor
Living Area
Private NA 60 60 60 60 Required only of projects
with 2 or more units
Total NA 150 150 150 100 Required only of projects
with 2 or more units
Minimum Planting Area (% of
parcel area) 25 25 25 25 20
See (G), Chapter 9.26,
Landscaping. Required only
of projects with 2 or more
units
Additional Standards
Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Accessory Structures Section 9.21.020, Accessory Buildings and Structures Affordable Housing Production
Program Chapter 9.64, Affordable Housing Production Program Density Bonus Chapter 9.22, Density Bonus
Duplexes and Lot Splits on
Parcels Zoned for Single-Unit
Residential
Section 9.31.125, Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential
Exceptions to Height Limits Section 9.21.060, Height Exceptions Fences and Walls Section 9.21.050, Fences, Walls, and Hedges Home Occupation Section 9.31.160, Home Occupation
Junior Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units 36 8.A.b
Packet Pg. 154 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) TABLE 9.09.030: DEVELOPMENT STANDARDS—OCEAN PARK NEIGHBORHOOD DISTRICTS Standard OP1 OPD OP2 OP3 OP4 Additional Regulations
Landscaping Section 9.09.030(G), Chapter 9.26, Landscaping Lighting Section 9.21.080, Lighting
Multiple-Unit Dwelling Projects Section 9.31.195, Multiple-Unit Dwelling Projects Multiple-Unit Dwelling Projects
Located on Community
Assembly Surface Parking Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots
Multiple-Unit Dwelling Projects
Located on Residentially Zoned
Surface Parking Lots
Section 9.31.197, Multiple-Unit Dwelling Projects Located on Residentially Zoned Surface Parking Lots
Off-Street Parking and Loading Chapter 9.28, Parking, Loading, and Circulation Projections into Required
Setbacks Section 9.21.110, Projections into Required Setbacks Refuse and Recycling Screening
and Enclosure
Section 9.21.130, Resource Recovery and Recycling Standards Screening Section 9.21.140, Screening
Solar Energy Systems Section 9.21.150, Solar Energy Systems Trash Screening and Enclosure Section 9.21.130, Resource Recovery and Recycling Standards A. Maximum Density. The following additional rules apply to the maximum residential density:
1. Calculation of Units—Remainder Parcel Area. An additional unit is allowed on a parcel if, after calculating the allowed number of units based on the minimum required parcel area per unit stated in Table 9.09.030 for the respective district, the excess parcel area equals or exceeds the following:
a. 1,000 square feet in OP2.
b. 750 square feet in OP3.
c. 625 square feet in OP4.
2. Parcels Less Than 4,000 Square Feet. No more than one dwelling unit shall be permitted on a parcel 4,000 square feet or less in area, unless otherwise permitted in accordance with Section
9.31.125, Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential..
3. Parcels over 10,000 Square Feet—OP2 District. In the OP2 District, the maximum density on parcels that have an area of 10,000 square feet or more or a combined street frontage of 100 feet or more shall be one dwelling unit for each 2,500 square feet of combined lot area, except where 100% of the proposed units are deed restricted for very low, low, middle, and/or moderate income housing, in which case the density shall be one unit for each 2,000 square feet of parcel area.
4. Parcels over 15,000 Square Feet—OP3 District. In the OP3 District, the maximum density on parcels that have an area of 15,000 square feet or more or exceed a combined street frontage of 150 feet shall be one dwelling unit for each 2,000 square feet (OP3) of combined parcel area, except where 100% of the proposed units are deed restricted for very low, low, middle, and/or moderate income housing, in which case the density shall be one unit for each 1,500 square feet of parcel area.
5. Accessory Dwelling Units and Junior Accessory Dwelling Units. Notwithstanding anything to the contrary in this subsection (A), accessory dwelling units and junior accessory dwelling units 37 8.A.b
Packet Pg. 155 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) established in accordance with Section 9.31.025 shall be deemed to meet the allowable density for the parcel on which the accessory dwelling unit or junior accessory dwelling unit is located.
B. Maximum Height on Sloped Parcels—OP2 District. In the OP2 District, on upslope parcel where the change in elevation is 10 feet or greater from the finished surface of the sidewalk adjacent to the property line to the required rear setback line, the maximum allowable height for structures is:
1. One story and 14 feet in height for the first 15 feet of horizontal distance on the parcel measured from the front parcel line.
2. 2 stories and 18 feet for a flat roof or 23 feet for a pitched roof for that portion of the structure located between 15.1 feet and 30 feet from the front parcel line.
3. The maximum permitted height for structures beyond 30 feet from the front parcel line shall be 2 stories and 23 feet for a flat roof or 30 feet for structures with a pitched roof.
4. The finished grade shall be no more than 3 feet below or above the theoretical grade line at any point adjacent to a building if excavation occurs. An opening to a garage may remain unexcavated.
C. Front and Side Setbacks.
1. The front yard setback on Copeland Court shall be 30 feet measured from the center line of the walkway.
2. The following formula shall be used to determine the required side setback for blank walls and walls containing secondary windows. In the OP1 District, this formula shall also be used to determine the required street side setback on lot parcels 50 feet or more in width. In the OP2, OP3, and OP4 districts, it shall be used to determine the required street side setback on parcels less than 50 feet in width. The setback is calculated as follows:
Setback (ft.) = 5′ + (stories x parcel width)
50′
3. Within the required side setback area for corner parcels 50 feet or greater in width, covered or uncovered stairways or porches not exceeding 35% of the building frontage on the street side may encroach up to 5 feet into the required side setback.
4. Within the required side or street side setback area for parcels 50 feet or greater in width, the second floor side setback above a primary window shall not project more than 2 feet into the required side setback.
D. Building Spacing. Buildings that face each other on the same lot shall be separated by the following minimum distances:
1. 15 feet if one building has primary windows facing the other.
2. 25 feet when the windows of primary spaces in both buildings face each other on the ground or second level, except 15 feet when they are visually separated by a solid wall or opaque fence over 5 feet 6 inches in height.
3. 10 feet when secondary windows face each other or when a secondary window faces a blank wall.
E. Roof Decks. The handrail surrounding a roof deck shall be set back a minimum of three feet from the edge of the building at the side and rear yards.
38 8.A.b
Packet Pg. 156 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) F. Transition Requirements Adjacent to OP1 or OPD District. Where an OP2, OP3 or OP4 District adjoins an OP1 or OPD District, the following standards apply:
1. The maximum height within 25 feet of an OP1 or OPD District is 23 feet for a building with a flat roof and 27 feet for a building with a pitched roof.
2. The building setback from an OP1 or OPD District boundary shall be 10 feet for interior side setbacks and 20 feet for rear setbacks.
3. A landscaped planting area, a minimum of 5 feet in width, shall be provided along all OP1 or OPD District boundaries. A tree screen shall be planted in this area with trees planted at a minimum interval of 15 feet.
FIGURE 9.09.030.F: TRANSITION REQUIREMENTS ADJACENT TO OP1 OR OPD DISTRICT—OCEAN PARK NEIGHBORHOOD DISTRICT
G. Planting Areas. The following areas shall be landscaped, and may count toward the total area of site landscaping required by Table 9.09.030.
1. Setback Areas Adjoining Streets. All visible portions of a required setback area adjoining a street that are not used for driveways or walks shall be planting area or landscape. Recreational vehicles, utility trailers, un-mounted camper tops, boats, cars, trucks, motorcycles, or other vehicles shall not be parked or stored within a required planting or landscape area.
2. Interior Setback Areas. At least 50% of each required interior side setback and rear setback shall be planting area having a minimum width of 7.5 feet adjoining a side or rear parcel line.
The width of a required planting area may be reduced to 3 feet in one side or rear setback area adjoining a driveway or patio, and a nonresidential accessory structure may occupy a portion of the planting area in a rear setback area.
3. Adjoining OP1 and OPD Districts. A continuous planting area having a minimum width of 5 feet shall be provided along interior parcel lines when an OP2, OP3, or OP4 District adjoins an OP1 or OPD District. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2520CCS § 6, adopted June 14, 2016; Ord. No. 2524CCS § 3, adopted July 28, 2016; Ord. No. 2536CCS § 4, adopted February 28, 2017; Ord. No. 2649CCS § 12, adopted September 8, 2020)
39 8.A.b
Packet Pg. 157 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) Chapter 9.10
DOWNTOWN DISTRICTS
Sections:
9.10.001 Incorporation of Downtown Community Plan Standards and Regulations
9.10.040 Land Use Regulations
9.10.070 Project Requirements for Tier 2 and Tier 3
9.10.001 Incorporation of Downtown Community Plan Standards and Regulations Development standards for the Downtown Community Plan area are as prescribed in Chapter 4 of the Downtown Community Plan adopted on [date]July 25, 2017, which is hereby incorporated by reference.
Where Zoning Ordinance provisions are not specifically addressed by Chapter 4 of the Downtown Community Plan, the Zoning Ordinance shall apply. Where there is conflict between compliance with Chapter 4 of the Downtown Community Plan and the Zoning Ordinance, Chapter 4 of the Downtown Community Plan shall control except where the conflicting Zoning Ordinance provision was adopted through voter initiative in which case the initiative shall control. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2551CCS § 3, adopted August 8, 2017)
9.10.040 Land Use Regulations
Table 9.10.040 prescribes the land use regulations for Downtown Districts. The regulations for each district are established by letter designations below. These designations apply strictly to the permissibility of land uses; applications for buildings or structures may require discretionary review. “P” designates permitted uses.
“L(#)” designates limited uses, which are permitted by right, provided they comply with specific limitations listed at the end of the table.
“MUP” designates use classifications that are permitted after review and approval of a Minor Use Permit. “CUP” designates use classifications that are permitted after review and approval of a Conditional Use Permit.
“—” designates uses that are not permitted.
Land uses are defined in Chapter 9.51 (“Use Classifications”) of Article 9 of the Santa Monica Municipal Code (“Zoning Ordinance”). Use classifications and sub-classifications not listed in the table are prohibited.
Accessory uses are permissible when they are determined by the Zoning Administrator to be necessary and customarily associated with and appropriate, incidental, and subordinate to, the principal uses and which are consistent and not more disturbing or disruptive than permitted uses. The table also notes additional use regulations that apply to various uses. Section numbers in the right-hand column refer to other Sections of this Ordinance.
TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS
Use Classification LT NV
BC
(Promenade)
BC (2nd
& 4th
Streets) TA OT WT
Additional
Regulations
Residential Uses
Residential Housing Types See sub-classifications below.
Single Unit Dwelling L(1) L(1) L(1) L(1) L(1) L(1) L(1) Accessory Dwelling Unit P P P P P P P
Section 9.31.025
Accessory
Dwelling Units
40 8.A.b
Packet Pg. 158 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS
Use Classification LT NV
BC
(Promenade)
BC (2nd
& 4th
Streets) TA OT WT
Additional
Regulations
and Junior
Accessory
Dwelling Units
Junior Accessory Dwelling
Unit P P P P P P P
Section 9.31.025
Accessory
Dwelling Units
and Junior
Accessory
Dwelling Units
Duplex P L(3) L(1) L(1) L(1) L(1) L(1)
Multiple-Unit
StructureDwelling L(1)P L(3)P L(1) L(1) L(1)P L(1)P L(1)P Section 9.31.195,
Multiple-Unit
Dwelling Projects
Senior Citizen Multiple-Unit
Residential L(1)P L(3)P L(1) L(1) L(1)P L(1)P L(1)P
Section 9.31.195,
Multiple-Unit
Dwelling Projects
Single-Room Occupancy
Housing L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Section 9.31.330,
Single Room
Occupancy
Structures
Group Residential MUP MUP,
L(3)
MUP,
L(1)
MUP,
L(1) MUP MUP MUP
Congregate Housing P
MUP,
L(3) CUP, L(1) CUP, L(1) MUP MUP MUP
Section 9.31.110,
Congregate and
Transitional
Housing
Senior Group Residential P
MUP,
L(3)
MUP,
L(1)
MUP,
L(1)
MUP,
L(1)
MUP,
L(1)
MUP,
L(1)
Section 9.31.310,
Senior Group
Residential
Elderly and Long-Term
Care P L(3) L(1) L(1) L(1) L(1) L(1)
Emergency Shelters L(6)/CU
P
L(6)/
CUP CUP/L(1)
L(1),
L(6)/
CUP
L(6)/
CUP
L(6)/
CUP
L(6)/
CUP
Section 9.31.130,
Emergency
Shelters
Family Day Care See sub-classifications below.
Large L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Section 9.31.140,
Family Day Care,
Large
Small L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Residential Facilities See sub-classifications below.
Residential Care, General P L(3) L(1) L(1) P L(1) L(1) Section 9.31.270, Residential Care
Facilities
Residential Care, Limited P L(3) L(1) L(1) P L(1) L(1)
Residential Care, Senior P L(3) L(1) L(1) P L(1) L(1)
Hospice, General P L(3) L(1) L(1) P L(1) L(1)
Hospice, Limited P L(3) L(1) L(1) P L(1) L(1)
Supportive Housing P L(3) L(1) L(1) L(1) L(1) L(1)
Transitional Housing P L(3) L(1) L(1) L(1) L(1) L(1)
Section 9.31.110,
Congregate and
Transitional
Housing
Public and Semi-Public Uses
Adult Day Care L(1) L(3) L(1) L(1) L(1) L(1) L(1)
Child Care and Early
Education Facilities P P L(1) P P P P
Section 9.31.120,
Child Care and
Early Education
Facilities
Colleges and Trade Schools,
Public or Private CUP L(1) L(1) L(1) L(1) L(1) L(1)
Community Assembly L(7)/CUP CUP - P CUP L(1) L(7)/
41 8.A.b
Packet Pg. 159 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS
Use Classification LT NV
BC
(Promenade)
BC (2nd
& 4th
Streets) TA OT WT
Additional
Regulations
CUP
Community Gardens P P - P P P P
Cultural Facilities P P P P P P P
Hospitals and Clinics P P L(1) L(1) P - P
Park and Recreation Facilities,
Public P P P P P P P
Public Safety Facilities P P P P P P P
Schools, Public or Private CUP L(3) L(1) P P - CUP
Social Service Centers P P - P P P P
Section 9.31.350,
Social Service
Centers
Commercial Uses
Animal Care, Sales, and
Services See sub-classifications below.
Grooming and Pet Stores L(5)/CUP L(5)/
CUP L(5)/CUP L(5)/CUP
L(5)/
CUP
L(5)/
CUP
L(5)/
CUP
No more than 10
dogs or cats can
be kept overnight
Pet Day Care Services MUP MUP - MUP MUP MUP MUP
Veterinary Services MUP MUP - MUP MUP - MUP
Automobile/Vehicle Sales and
Service See sub-classifications below.
Alternative Fuels and
Recharging Facilities
CUP/
L(19)
CUP/
L(19) - -
CUP/
L(19) - -
Automobile Rental L(10) L(10) L(10) L(10) L(10) L(10) L(10) Automobile Storage Use - - - - - - -
New Automobile/Vehicle
Sales and Leasing
L(8),
L(5)/
CUP
L(8),
L(5)/
CUP
L(8), L(5)/
CUP
L(8),
L(5)/
CUP
L(8),
L(5)/
CUP
- -
Additions 7,500 sq ft or
less to Automobile/
Vehicle Sales and
Leasing buildings
existing as of 7/06/2010
L(20)/
MUP
- - - - - -
Section 9.31.070
Automobile/Vehi
cle Sales,
Leasing, and
Storage
Additions larger than
7,500 sq ft to
Automobile/Vehicle Sales
and Leasing buildings
existing as of 7/06/2010
L(20)/
CUP
- - - - - -
Automobile/Vehicle Repair,
Major
L(19) - - - - - -
Automobile/Vehicle Service
and Repair, Minor
L(19) - - - - - -
Automobile/Vehicle
Washing
L(19) - - - - - -
Service Station L(19) L(19) - - L(19) - -
Towing and Impound - - - - - - -
Banks and Financial
Institutions
See sub-classifications below.
Banks and Credit Unions L(4)/CU
P
L(3),
L(5)/
CUP
- - L(4)/
CUP
L(4)/
CUP
L(4)/
CUP
Check Cashing Businesses - - - - - - -
Business Services L(5)/
CUP
L(5)/
CUP
- L(5)/
CUP
L(5)/
CUP
L(5)/
CUP
L(5)/
CUP
Commercial Entertainment and
Recreation See sub-classifications below.
Cinemas & Theaters, up to
99 seats
- CUP P P P - -
Cinemas & Theaters, more - - CUP CUP CUP - -
42 8.A.b
Packet Pg. 160 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS
Use Classification LT NV
BC
(Promenade)
BC (2nd
& 4th
Streets) TA OT WT
Additional
Regulations
than 99 seats
Convention and Conference
Centers
CUP CUP CUP CUP CUP CUP CUP
Large-Scale Facility L(21)/
CUP
L(21)/
CUP
L(21)/
CUP
L(21)/
CUP
L(21)/
CUP
L(21)/
CUP
-
Small-Scale Facility L(5)/
CUP
L(5)/
CUP
L(5)/
CUP
L(5)/
CUP
L(5)/
CUP
L(5)/
CUP
L(5)/
CUP
Section 9.31.340
Small Scale
Facility
Fortunetelling P P P P P P P
Eating and Drinking
Establishments See sub-classifications below.
Bars/Nightclubs/Lounges CUP CUP CUP CUP CUP CUP
(10)
-
Restaurants, Full-Service,
Limited Service & Take-Out
(2,500 sq ft and smaller,
including Outdoor Dining
and Seating)
P P L(22) P P P P Section 9.31.040,
Alcoholic
Beverage Sales
Restaurants, Full-Service,
Limited Service & Take-Out
(2,501 – 5,000 sq ft,
including Outdoor Dining
and Seating)
MUP P L(22) P P P MUP Section 9.31.280,
Restaurants,
Limited Service,
and Take-Out
Only
Restaurants, Full-Service,
Limited Service & Take-Out
(greater than 5,000 sq ft,
including Outdoor Dining
and Seating)
CUP P L(22) P P P CUP Section 9.31.200,
Outdoor Dining
and Seating
Equipment Rental - - - - L(5)/
CUP
- -
Food and Beverage Sales See sub-classifications below.
Convenience Market CUP L(5)/
CUP
L(5)/
CUP
L(5)/
CUP
L(5)/
CUP
L(5)/
CUP
- Section 9.31.040,
Alcoholic
Beverage Sales
Farmer’s Market CUP P P P P P P
General Market L(12)/
CUP
L(12)/
CUP
L(12)/
CUP
L(12)/
CUP
L(12)/
CUP
L(12)/
CUP
L(12)
/ CUP
Section 9.31.040,
Alcoholic
Beverage Sales Liquor Stores CUP CUP CUP CUP CUP CUP -
Funeral Parlors and Mortuaries CUP - - - - - -
Instructional Services L(5)/
CUP
L(3),
L(5)/CU
P
L(1),
L(5)/CUP
L(5)/CU
P
L(5)/
CUP
L(1),
L(5)/
CUP
L(1),
L(5)/
CUP
Live-Work L(13) L(3)(13) L(1)(13) L(13) L(13) L(1)(13) L(13) Section 9.31.170, Live-Work Units
Lodging See sub-classifications below.
Bed and Breakfast MUP MUP MUP MUP MUP MUP MUP Section 9.31.090, Bed and
Breakfasts
Hotels and Motels CUP CUP CUP CUP CUP CUP CUP,
L(19)
Maintenance and Repair
Services
L(5)/
CUP
- - - - - -
Nurseries and Garden Centers L(5)/
CUP
L(5)/
CUP
- L(5)/
CUP
L(5)/
CUP
- L(5)/
CUP
Section 9.31.220,
Outdoor Retail
Display and Sales
Offices See sub-classifications below.
Business and Professional L(14)/
CUP
L(3),
L(5)/
CUP
L(1) L(1) L(3),
L(5)/
CUP
L(1) L(1)
43 8.A.b
Packet Pg. 161 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS
Use Classification LT NV
BC
(Promenade)
BC (2nd
& 4th
Streets) TA OT WT
Additional
Regulations
Creative L(14)/
CUP
L(3),
L(5)/
CUP
L(1) L(1) L(3),
L(5)/
CUP
L(1) L(1)
Medical and Dental L(14)/
CUP
L(3),
L(5)/
CUP
L(1) L(1) L(3),
L(5)/
CUP
L(1) L(1)
Walk-In Clientele L(14)/
CUP
L(3),
L(5)/
CUP
L(1) L(5)/
CUP
L(3),
L(5)/
CUP
L(5)/
CUP
L(5)/
CUP
Outdoor Newsstands MUP MUP MUP MUP MUP MUP MUP Section 9.31.210, Outdoor
Newsstands
Parking, Public or Private CUP CUP - CUP CUP,
L(11)
- CUP
Personal Services See sub-classifications below.
General Personal Services L(5)/
CUP
L(5)/
CUP
L(1),
L(5)/CUP
L(5)/
CUP
L(5)/
CUP
- L(5)/
CUP
Section 9.31.230,
Personal Service
Physical Training L(17),
L(5)/
CUP
L(17),
L(5)/
CUP
L(1),
L(17),
L(5)/CUP
L(17),
L(5)/
CUP
L(17),
L(5)/
CUP
L(17),
L(5)/
CUP
L(17),
L(5)/
CUP
Tattoo or Body Modification
Parlor
P P P P P P - Section 9.31.230,
Personal Service
Retail Sales See sub-classifications below.
Building Materials Sales
and Services
P - - - - - - Section 9.31.220,
Outdoor Retail
Display and Sales General Retail Sales, SmallScale
L(5)/
CUP
L(5)/
CUP
P L(5)/
CUP
L(5)/
CUP
L(5)/
CUP
L(5)/
CUP
General Retail Sales,
Medium-Scale
CUP CUP CUP CUP CUP - CUP
General Retail Sales, LargeScale- - - - - - -
Medical Marijuana
Dispensaries
CUP - - - - - - Section 9.31.185,
Medical
Marijuana
Dispensaries
Pawn Shops - - - - - - -
Swap Meets - - - - - - -
Industrial Uses
Artist’s Studio P P L(1) L(1) P P P
Commercial Kitchens - - - - CUP - -
Media Production See sub-classifications below.
Support Facilities L(14)/
CUP
L(3),
L(5)/
CUP
L(1) L(1) L(3),
L(5)/
CUP
L(1) L(1)
Transportation, Communication, and Utilities Uses
Bus/Rail Passenger Stations P P P P P - P
City Bike Share Facility P P P P P P P
Communication Facilities See sub-classifications below.
Antennas and Transmission
Towers
- - - - - - -
Equipment within Buildings - - - - - - -
Light Fleet-Based Services - - - - MUP - -
Utilities, Major L(18) - - - - - -
Utilities, Minor P P P P P P P
44 8.A.b
Packet Pg. 162 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS
Use Classification LT NV
BC
(Promenade)
BC (2nd
& 4th
Streets) TA OT WT
Additional
Regulations
Specific Limitations:
(1) Limited to upper floors, and on the ground floor where the entire tenant space including the primary entry shall be located at least 50 feet from the front property line, except for residential units shall be limited to upper floors only. (2) (Reserved)
(3) Between 4th and 47th Court, permitted in mid-block parcels on the ground floor and upper floors. On all other parcels, permitted anywhere on the ground floor if the space has street frontage and was occupied by office on, or is vacant but was occupied by office in the 12 months preceding, the date this Ordinance is effective; otherwise, permitted on upper floors and on the ground floor where the entire tenant space including the primary entry is located at least 50 feet from the front property line. (4) Permitted except no ground floor tenant space shall exceed 20 linear feet of ground floor street frontage without a Conditional Use Permit.
(5) Permitted if within buildings existing as of the date the ordinance codified in this Chapter is effective. Permitted in new buildings, except:
(a) No individual ground floor tenant space shall occupy more than 7,500 square feet of floor area and/or exceed 50 linear feet of ground floor street frontage without a Conditional Use Permit. (b) Ground floor tenant spaces in the Santa Monica Place are not subject to size limitations. (6) Limited to shelters containing less than 55 beds; Conditional Use Permit required for emergency shelters with 55 or more beds. (7) Any community assembly facility abutting a residential district shall require approval of a Conditional Use Permit. (8) Limited to alternative fuel vehicle automobile dealer showrooms only. (9) (Reserved)
(10) Permitted as an ancillary use to support a primary use. (11) Limited to public parking facilities only.
(12) General markets greater than 15,000 square feet require approval of a Conditional Use Permit, except general markets in the MixedUse Boulevard district greater than 25,000 square feet require approval of a Conditional Use Permit. (13) If the commercial use requires a MUP or CUP, an application shall be required in accordance with SMMC, Chapter 9.41. Even if the commercial use would otherwise be permitted, no such use shall be approved where, given the design or proposed design of the livework unit, there would be the potential for adverse health impacts from the proposed use on the people residing in the unit. An example of a potential health impact is the potential for food contamination from users that generate airborne particulates in a unit with an unenclosed kitchen.
(14) All new construction requires approval of a Conditional Use Permit or permitted if within buildings existing as of the date the ordinance codified in this Chapter is effective, except:
(a) New additions of 50% or more additional square footage to an existing building at any one time, or incrementally, after the effective date of the ordinance codified in this Chapter, requires approval of a Conditional Use Permit. (b) No ground floor, street-fronting, non-office or non-media production support facility use, non-medical or non-dental office use tenant space shall be changed into an individual office use or a media production support facility use, or individual medical or dental office use occupying more than 7,500 square feet of floor area and/or exceeding 50 linear feet of street frontage without the approval of a Conditional Use Permit.
(15) (Reserved)
(16) Limited to public parking facilities only.
(17) Youth-serving personal services, physical training requires review and approval of passenger loading and drop-off plan by the Director.
(18) Limited to electric distribution substations.
(19) Limited to legally established existing uses as of the date this Specific Plan is effective. (20) Auto dealerships existing as of July 6, 2010 are considered permitted uses. Expansions to existing dealerships conforming to the urban auto dealership format standards in Section 9.31.070, Automobile/Vehicle Sales, Leasing and Storage are permitted.
Expansions to existing dealerships of 7,500 square feet or less that do not conform to the urban auto dealership format standards shall require an MUP. Expansions to existing dealerships larger than 7,500 square feet that do not conform to the urban auto dealership formal standards shall require a CUP.
(21) No individual Fitness Center tenant space shall exceed 100 linear feet of ground floor street frontage without the approval of a Conditional Use Permit.
(22) Restaurant, Limited-Service and Take-Out establishments with frontage on the Third Street Promenade and the following characteristics shall be prohibited:
(a) More than 150 locations nationwide at the time that the application for the establishment is deemed complete by the City; and (b) Characteristics, including but not limited to, orders placed at a walk-up window, counter, or machine; payment prior to food consumption; and food served with disposable, one-time, or limited-use wrapping, containers, or utensils. 45 8.A.b
Packet Pg. 163 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) A. Conversion of Any Portion of an Eating and Drinking Establishment to Any Other New or Expanded Use Located on the Ground Floor within the BC (Promenade) District.
1. The conversion of any portion of an eating and drinking establishment in existence as of the effective date of this Plan to any other new or expanded use located on the ground floor within the BC (Promenade) District shall obtain a Conditional Use Permit subject to the following additional findings being made in the affirmative:
a. The proposed use would preserve the unique mixture of restaurants, retail, and entertainment on the Third Street Promenade and maintain the vitality and diversity of the Promenade;
b. The proposed use would retain at least 50% of the existing outdoor dining or 500 square feet, whichever is greater;
c. For tenant spaces located on a corner, the eating and drinking establishment use must remain entirely on the Third Street Promenade frontage. For tenant spaces not located on a corner, the non-eating and drinking establishment use does not occupy more than 33% of the Promenade frontage.. (Added by Ord. No. 2551CCS § 3, adopted August 8, 2017; amended by Ord. No. 2606CCS § 4, adopted April 9, 2019; Ord. No. 2649CCS § 13, adopted September 8, 2020; Ord. No. 2661CCS § 2, adopted January 26, 2021)
9.10.070 Project Requirements for Tier 2 and Tier 3 Projects A. Purpose. The purpose of this section is to implement LUCE policies which require that as development is approved above the base FAR and height, it must accompanied by a range of community benefits from four priority categories: Affordable Housing, Trip Reduction and Traffic Management, Community Physical Improvements, and Social and Cultural Facilities. In addition to promoting the development of additional affordable housing and to maintaining existing City programs that provide incentives for the production of affordable housing, these requirements are intended to reduce the additional burdens more intense development allowed by the General Plan will impose on the City by requiring applicants to pay additional fees to mitigate project impacts or, in specific instances, allowing applicants to incorporate features into their projects.
B. Applicability.
1. Except for 100% Affordable Housing Projects, tThe requirements of this Chapter apply to all non-housing projects involving new development and additions for which applicants propose to exceed the Tier 1 maximum allowable base floor area or height allowed for Tier 1 projects. The provisions of this Chapter establish the requirements under which additional floor area and height may be allowed up to the Tier 2 or Tier 3 maximum standards established in the Downtown Community Plan.
2. Pursuant to 9.10.030(D), Development Agreements and Planning Applications submitted on or before November 11, 2016, shall have a vested right to proceed without complying with the Downtown Community Plan except that they shall be subject to the following affordable requirements:
a. 20% on-site affordable housing
b. 25% off-site affordable housing
C. Housing and Mixed-Use Residential Projects Qualifying Benefitsfor Projects with Residential.
An applicant seeking approval for a housing project that does not meet the definition under Section
9.52.020.1125 or mixed-use residential project that exceeds the base floor area ratio or height allowed in the district where the project is located shall comply with the following requirements. provide community benefits in each of the following categories.
1. Housing. All Tier 2 projects and Tier 3 projects must meet the following requirements:
46 8.A.b
Packet Pg. 164 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) a. Affordable Housing. Subject to the modifications contained in this Section 9.10.070, all of the affordable units shall comply with the provisions of Chapter 9.64. As set forth in Table
9.10.070.A, aApplicants proposing residential and mixed-use residential projects shall incorporate on-site or off-site affordable housing units as set forth in Table 9.10.070.A. the following:
i. A percentage of the total number of units in the project, corresponding with the height or FAR of the project, shall be deed-restricted as on-site affordable housing units. Any fractional affordable housing unit that results from this formula shall be provided as a whole affordable housing unit (i.e., any resulting fraction shall be rounded up to be the next larger integer).
TABLE 9.10.070.A: ON-SITE AND OFF-SITE AFFORDABLE HOUSING REQUIREMENTS Height (Feet)
On-Site
Affordable
Housing %
Off-Site
Affordable
Housing %
On-Site Affordable Housing
% for Development
Agreements and Planning
Applications Complete on or
before 11/11/16
Off-Site Affordable Housing
% for Development
Agreements and Planning
Applications Complete on or
before 11/11/16
40-50 20% 25% 20% 25%
52 21% 26% 20% 25%
54 22% 27% 20% 25%
56 23% 28% 20% 25%
58 24% 29% 20% 25%
60 25% 30% 20% 25%
62 26% 31% 20% 25%
64 27% 32% 20% 25%
66 28% 33% 20% 25%
68 29% 34% 20% 25%
70-84 30% 35% 20% 25%
TABLE 9.10.070.A: ON-SITE AND OFF-SITE AFFORDABLE
HOUSING REQUIREMENTS
Tier
On-Site Affordable
Housing %
Off-Site Affordable
Housing %
Tier 2 20% 25%
Tier 3 25% 30%
ii. Affordable housing units may be provided offsite pursuant to Section 9.64.060 except that the total number of affordable housing units shall be increased to the percentage of the total number of units in the project as set forth in Table 9.10.070.A. The offsite affordable housing units shall meet the following conditions:
(1) The affordable housing units are owned in whole or part and operated by a nonprofit housing provider for the life of the project; (2) The Final Construction Permit Sign Off or Certificate of Occupancy for the affordable units is issued prior to or concurrently with the Tier 2 or qualifying Tier 3 project residential or mixed-use residential project; and (3) The location of the offsite location shall be within the boundaries of the Downtown or within a one-quarter mile radius of the market rate units. The offsite units may be located anywhere in the City except for within the area defined 47 8.A.b
Packet Pg. 165 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) in Figure 9.64.060.A, Off-Site Affordable Housing Prohibition Area, in Section
0.64.060, Off-Site Option.
iii. The total number of affordable housing units shall incorporate the affordability mix specified in Table 9.10.070.B. Any fractional affordable housing units that result from the percentage mix of total affordable housing units shall be aggregated into whole affordable housing units (i.e., any resulting fraction shall be added to other resulting fractions). The resulting whole units may be provided at 30%, 50%, 80%, or Moderate-income household affordability levels.
TABLE 9.10.070.B. AFFORDABILITY
Affordability Level Affordability Mix for
Affordable Housing
Units in Tier 2
Projectsof Total
Number of Affordable
Housing Units
Affordability Mix for
Affordable Housing
Units in Tier 3
Projects
30% Income Household 20%
50% Income Household 20%10%5% 5%
80% Income Household 30%5% 10%
Moderate Income 30%10% 10%
TABLE 9.10.070.B. AFFORDABILITY
Affordability Level Affordability Mix for
Affordable Housing
Units in Tier 2
Projects
Affordability Mix for
Affordable Housing
Units in Tier 3
Projects
50% Income Household 10% 10%
80% Income Household 5% 10%
Moderate Income 5% 5%
iv. An affordable housing unit shall have a minimum total floor area of no less than the average floor area of comparable market rate units in the project. b. Unit Mix. Applicants proposing Tier 2 and Tier 3 residential and mixed-use projects shall incorporate the following:
i. For market rate units:
(1) At least 150% of the units shall be three-bedroom units; (2) At least 2015% of the units shall be two-bedroom units; and:
(3) No more than 15% of the units shall be studio units.; (4) The average number of bedrooms for all of the market rate units combined shall be 1.2 or greater; and
(54) Notwithstanding subsections (C)(2)(a)(i) through (iii) above, any fractional housing unit less than 0.5 that results from this unit mix shall be rounded down 48 8.A.b
Packet Pg. 166 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) to the next lower integer. Any fractional housing unit of 0.5 or more that results from this units mix shall be rounded up to the next larger integer. ii. For affordable housing units:
(1) (1) The average number of bedroomsunit mix percentage for affordable two and three bedroom for all of the affordable housing units shall be combined shall be equal to or greater than the unit mix percentage required average number of bedrooms provided for all of the corresponding market rate units pursuant to subsection (C)(21)(ab) (i) of this Section;. (1)(2) The unit mix percentage for studio affordable housing units shall not exceed 15% of the total number of affordable units; and (32) Affordable housing units shall be no smaller than the average size of comparable market rate units in the project.
iii. The Director may grant a waiver from this unit mix requirement pursuant to the requirements and procedures for Waivers in SMMC Chapter 9.43.
2. Transportation Impact Fee. All Tier 2 and Tier 3 projects shall pay an additional Transportation Impact Fee (TIF) of 90% of the maximum allowable fee established in the Transportation Impact Fee nexus study, for that portion of the floor area above the maximum Tier 1 floor area allowed by the Downtown Community Plan.
3. Open Space. All Tier 2 and Tier 3 projects shall pay an additional Parks and Recreation Development Impact Fee of 90% of the maximum allowable fee established in the Parks and Recreation Fee nexus study for that portion of the floor area above the maximum Tier 1 floor area allowed by the Downtown Community Plan.
4. Affordable Housing Commercial Linkage Fee. All Tier 2 and Tier 3 commercial portions of mixed-use projects shall pay a housing mitigation fee 23% above the base fee as required by Chapter 9.68, Affordable Housing Commercial Linkage Fee Program for that portion of the floor area above the maximum Tier 1 floor area allowed by the Downtown Community Plan.
5. Transportation Demand Management. All Tier 2 and Tier 3 residential and mixed-use projects shall include the following Transportation Demand Management measures in addition to those required by Chapter 9.53, Transportation Demand Management:
a. For nonresidential components of projects, provide the following:
i. Bike valet, free of charge, during all automobile valet operating hours. b. For residential components of projects, provide the following:
i. Free on-site shared bicycles intended for resident and guest use. This shall be optional if Citywide bikeshare is available within a 2-block radius of the project site.
D. All Other Projects Qualifying Benefits. An applicant seeking approval for Tier 2 and Tier 3 projects up to 30,000 square feet that are not residential or mixed-use projects that exceed the base floor area or height allowed in the district where the project is located shall provide community benefits in each of the following categories.
1. Impact Fees.
a. Affordable Housing Commercial Linkage Fee. Tier 2 and Tier 3 up to 30,000 square feet – Projects shall pay a housing mitigation fee 23% above the base fee as required by Chapter 49 8.A.b
Packet Pg. 167 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins))
9.68, Affordable Housing Commercial Linkage Fee Program for that portion of the floor area above the maximum Tier 1 floor area allowed by the Downtown Community Plan. b. Transportation Impact Fee. Tier 2 and Tier 3 up to 30,000 square feet – Projects shall pay an additional transportation impact fee (TIF) 23% above the base fee required by Chapter
9.66, Transportation Impact Fee Program, for that portion of the floor area above the maximum Tier 1 floor area allowed by the Downtown Community Plan. c. Open Space. Tier 2 and Tier 3 up to 30,000 square feet. Projects shall pay an additional parks and recreation development impact fee 23% above the base fee required by Chapter
9.67, Parks and Recreation Fee Program, for that portion of the floor area above the maximum Tier 1 floor area allowed by the Downtown Community Plan.
2. Transportation Demand Management. All Tier 2 and Tier 3 projects shall include the following Transportation Demand Management measures in addition to those required by Chapter 9.53, Transportation Demand Management: bike valet, free of charge, during all automobile valet operating hours. (Added by Ord. No. 2551CCS § 3, adopted August 8, 2017; amended by Ord.
No. 2606CCS § 5, adopted April 9, 2019; Ord. No. 2648CCS § 2, adopted September 8, 2020) 50 8.A.b
Packet Pg. 168 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) Chapter 9.11
MIXED-USE AND COMMERCIAL DISTRICTS
Sections:
9.11.010 Purpose
9.11.020 Land Use Regulations
9.11.030 Development Standards
9.11.010 Purpose
The purposes of the “Mixed-Use and Commercial” Districts are to:
A. Transform auto-oriented boulevards and corridors into vibrant, diverse, and attractive corridors that support a mix of predominantly residential uses along with pedestrian and neighborhood serving uses in order to achieve an active social environment within a revitalized streetscape.
B. Promote infill development, intensification, and reuse of currently underused sites consistent with the General Plan.
C. Increase housing for all income levels along boulevards and encourage a mix of uses that promotes convenience, economic vitality, fiscal stability, and a pleasant quality of life.
D. Establish design standards that improve the visual quality of development and create a unified, distinctive, and attractive character along commercial and mixed-use corridors.
E. Provide appropriate buffers and transition standards between commercial and residential uses to preserve both commercial and mixed-use feasibility and residential quality and provide a sensitive transition between the commercial uses and neighboring residences.
The specific designations and the additional purposes of the Mixed-Use and Commercial Districts are:
MUBL Mixed-Use Boulevard Low. This Zoning District is intended to facilitate the transformation of sections of boulevards into vibrant, highly walkable areas with broad, pedestrian-friendly sidewalks, trees, landscaping, and local-serving uses with new buildings that step down in relationship to the scale and character of adjacent low density neighborhoods. Allowable ground floor uses include active, local-serving retail, open spaces such as plazas, service-oriented commercial uses, and residential, and hotel uses in limited areas. Residential development for all income levels is the predominant use above the first floor.
MUB Mixed-Use Boulevard. This Zoning District is intended to facilitate the transformation of underutilized and auto-oriented sections of boulevards into vibrant, diverse, and attractive pedestrian friendly mixed-use boulevards that support local-serving retail and a diversity of housing types. The MixedUse Boulevard District provides an environment that will accommodate affordable, workforce, and marketrate housing, stepping down in height and mass when adjacent to residential neighborhoods, as well as a variety of local-serving uses. Allowable ground floor uses include local-serving retail uses, ground floor open spaces such as small parks and plazas, service-oriented commercial uses, and some small-scale office uses. Residential development for all income levels is the predominant use above the first floor in certain locations. In parts of the District, especially along the south side of Wilshire, medical and dental offices are allowed on all floors.
GC General Commercial. This Zoning District is intended to maintain areas for affordable and market rate housing and a broad range of commercial uses that provide necessary daily services such as auto sales and auto repair, convenience retail, hotels, hardware stores, and small restaurants while respecting adjacent residential neighborhoods and established neighborhood commercial areas.
NC Neighborhood Commercial. This Zoning District is intended to maintain and enhance small-scale neighborhood shopping districts that provide daily goods and services easily accessible from surrounding 51 8.A.b
Packet Pg. 169 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) residential neighborhoods while also serving a sub-regional role. This District provides for a scale and character of development that is pedestrian-oriented and which tends to attract and promote a walk-in clientele. Development within this District should maximize human-scaled elements while providing a sensitive transition between these uses and neighboring residential areas. Ground floor uses include active, local-serving retail and service commercial uses such as small restaurants, laundromats, dry cleaners, beauty/barber shops, and clothing and grocery stores. Uses above the ground floor include residential, commercial, and local-serving office uses. This District is comprised of four geographic areas:
Main Street. Main Street is a neighborhood commercial street that is home to many boutiques, restaurants, and neighborhood-serving businesses. Main Street has both local and regional appeal, providing an eclectic mix of activities that is unique to Southern California.
Ocean Park Boulevard. Ocean Park Boulevard is a local-serving boulevard with two vibrant, neighborhood-serving commercial areas. The boulevard is a complete street for pedestrians, bicycles, transit, and autos, with an enhanced streetscape and dining, retail, and service needs within walking distance of the Sunset Park and Pico neighborhoods.
Pico Boulevard. Pico Boulevard is a local-serving, commercial boulevard that provides an enhanced environment for pedestrians and includes a wider choice of local-serving retail, expanded mobility, and shared parking.
Montana Avenue. Montana Avenue serves as a local, commercial, and entertainment street that also draws regional visitors who enjoy its many cafés and boutique stores. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
9.11.020 Land Use Regulations
Table 9.11.020 prescribes the land use regulations for Mixed-Use and Commercial Districts. The regulations for each district are established by letter designations below. These designations apply strictly to the permissibility of land uses; applications for buildings or structures may require discretionary review. “P” designates permitted uses.
“L(#)” designates limited uses, which are permitted by right, provided they comply with specific limitations listed at the end of the table.
“MUP” designates use classifications that are permitted after review and approval of a Minor Use Permit. “CUP” designates use classifications that are permitted after review and approval of a Conditional Use Permit.
“—” designates uses that are not permitted.
Land uses are defined in Chapter 9.51 (“Use Classifications”) of Article 9 of the Santa Monica Municipal code (“Zoning Ordinance”). Use classifications and sub-classifications not listed in the table are prohibited.
Accessory uses are permissible when they are determined by the Zoning Administrator to be necessary and customarily associated with and appropriate, incidental, and subordinate to, the principal uses and which are consistent and not more disturbing or disruptive than permitted uses. The table also notes additional use regulations that apply to various uses. Section numbers in the right-hand column refer to other Sections of this Ordinance.
TABLE 9.11.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED-USE CORRIDOR DISTRICTS Use Classification MUBL MUB GC NC Additional Regulations Residential Uses
Residential Housing Types See sub-classifications below.
Single Unit Dwelling P P P P
52 8.A.b
Packet Pg. 170 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) TABLE 9.11.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED-USE CORRIDOR DISTRICTS Use Classification MUBL MUB GC NC Additional Regulations Accessory Dwelling Unit P P P P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Junior Accessory Dwelling Unit p p p p
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Duplex P P P P
Multiple-Unit StructureDwelling P P P PL(1)
Section 9.31.195, Multiple-Unit
Dwelling Projects
Senior Citizen Multiple-Unit Residential P P P PL(1)
Section 9.31.195, Multiple-Unit
Dwelling Projects
Single-Room Occupancy Housing P P P P
Section 9.31.330, Single Room
Occupancy Structures
Group Residential MUP MUP MUP MUP
Congregate Housing P P P P
Section 9.31.110, Congregate and
Transitional Housing
Senior Group Residential P P P P
Section 9.31.310, Senior Group
Residential
Elderly and Long-Term Care P P P –
Emergency Shelters L(3)/CUP L(3)/CUP L(3)/CUP L(3)/CUP Section 9.31.130, Emergency Shelters
Family Day Care See sub-classifications below.
Large P P P P
Section 9.31.140, Family Day
Care, Large
Small P P P P
Residential Facilities See sub-classifications below.
Residential Care, General P P P P
Section 9.31.270, Residential
Care Facilities
Residential Care, Limited P P P P
Section 9.31.270, Residential
Care Facilities
Residential Care, Senior P P P P
Section 9.31.270, Residential
Care Facilities
Hospice, General P P P P
Hospice, Limited P P P P
Supportive Housing P P P P
Transitional Housing P P P P
Section 9.31.110, Congregate and
Transitional Housing
Public and Semi-Public Uses
Adult Day Care P P P L(2)/CUP
Child Care and Early Education Facilities P P P L(2)/CUP Section 9.31.120, Child Care and Early Education Facilities
Colleges and Trade Schools, Public or Private CUP CUP P CUP Community Assembly L(18)/CUP L(18)/CUP L(18)/CUP L(18)/CUP Community Gardens P P P P
Cultural Facilities P P P L(2)/CUP
Hospitals and Clinics – P CUP –
Park and Recreation Facilities, Public P P P P
Public Safety Facilities P P P CUP
Schools, Public or Private P CUP CUP P
Social Service Centers P P P P
Section 9.31.350, Social Service
Centers
Commercial Uses
Animal Care, Sales, and Services See sub-classifications below. 53 8.A.b
Packet Pg. 171 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) TABLE 9.11.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED-USE CORRIDOR DISTRICTS Use Classification MUBL MUB GC NC Additional Regulations Grooming and Pet Stores L(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP No more than 10 dogs or cats may be kept overnight
Pet Day Care Services MUP MUP MUP MUP
Veterinary Services MUP MUP MUP MUP
Automobile/Vehicle Sales and Service See sub-classifications below.
Alternative Fuels and Recharging Facilities CUP CUP CUP CUP Automobile Rental CUP MUP MUP –
Section 9.31.050, Automobile
Rental
Automobile Storage Use L(4)/CUP – – –
New Automobile/Vehicle Sales and Leasing – – CUP(6) –
Section 9.31.070,
Automobile/Vehicle Sales,
Leasing, and Storage
Additions 7,500 square feet or less to
Automobile/Vehicle Sales and Leasing
buildings existing as of 07/06/2010
L(5)/MUP L(5)/MUP L(5)/MUP –
Section 9.31.070,
Automobile/Vehicle Sales,
Leasing, and Storage
Additions larger than 7,500 square feet
to Automobile/
Vehicle Sales and Leasing buildings
existing as of 07/06/2010
CUP (5) CUP (5) CUP (5) –
Section 9.31.070,
Automobile/Vehicle Sales,
Leasing, and Storage
Automobile/Vehicle Repair, Major – – CUP –
Section 9.31.060,
Automobile/Vehicle Repair,
Major and Minor
Automobile/Vehicle Service and Repair,
Minor CUP – CUP –
Section 9.31.060,
Automobile/Vehicle Repair,
Major and Minor
Automobile/Vehicle Washing – – CUP –
Section 9.31.080,
Automobile/Vehicle Washing
Service Station CUP CUP MUP – Section 9.31.320, Service Stations Towing and Impound – – CUP –
Banks and Financial Institutions See sub-classifications below.
Banks and Credit Unions L(2)/CUP L(2)/CUP L(2)/CUP L(2)/CUP Check Cashing Businesses – – – –
Business Services L(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP Commercial Entertainment and Recreation See sub-classifications below.
Cinemas L(7) – – L(7)
Theaters L(8)/CUP L(8)/CUP L(8)/CUP L(8)/CUP
Convention and Conference Centers – CUP CUP –
Large-Scale Facility CUP CUP CUP -
Small-Scale Facility L(9)/CUP L(9)/CUP L(9)/CUP CUP (16) Section 9.31.340, Small-Scale Facility, Game Arcades
Fortunetelling P P P P
Eating and Drinking Establishments See sub-classifications below.
Bars/Nightclubs/Lounges CUP CUP CUP -
Section 9.31.040, Alcoholic
Beverage Sales
Restaurants, Full-Service, Limited Service
& Take-Out (2,500 square feet and smaller,
including Outdoor Dining and Seating)
P P P L(10)(11)
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited Service and Take-Out
Only
Section 9.31.290, Restaurants
With Entertainment
Section 9.31.200, Outdoor Dining
and Seating
Restaurants, Full-Service, Limited Service MUP MUP MUP MUP (10)(11) Section 9.31.040, Alcoholic 54 8.A.b
Packet Pg. 172 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) TABLE 9.11.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED-USE CORRIDOR DISTRICTS Use Classification MUBL MUB GC NC Additional Regulations & Take-Out (2,501 – 5,000 square feet,
including Outdoor Dining and Seating)
Beverage Sales
Section 9.31.280, Restaurants,
Limited Service and Take-Out
Only
Section 9.31.290, Restaurants
With Entertainment
Section 9.31.200, Outdoor Dining
and Seating
Restaurants, Full-Service, Limited Service
& Take-Out (greater than 5,000 square
feet, including Outdoor Dining and
Seating)
CUP CUP CUP CUP (10)(11)
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited Service and Take-Out
Only
Section 9.31.290, Restaurants
With Entertainment
Section 9.31.200, Outdoor Dining
and Seating
Equipment Rental – L(19)/CUP L(19)/CUP –
Food and Beverage Sales See sub-classifications below.
Convenience Market CUP CUP CUP CUP Section 9.31.040, Alcoholic Beverage Sales
Farmers Markets CUP CUP CUP CUP
General Market L(12)/CUP L(12)/CUP L(12)/CUP L(12)/CUP Section 9.31.040, Alcoholic Beverage Sales
Liquor Stores CUP CUP CUP CUP Section 9.31.040, Alcoholic Beverage Sales
Funeral Parlors and Mortuaries – CUP CUP –
Instructional Services L(19)/CUP L(19)/CUP L(19)/CUP L(17)/CUP Live-Work L(14) L(14) L(14) L(14) Section 9.31.170, Live-Work Lodging See sub-classifications below.
Bed and Breakfast MUP MUP MUP MUP Section 9.31.090, Bed and Breakfasts
Hotels and Motels CUP CUP CUP –
Maintenance and Repair Services L(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP Nurseries and Garden Centers L(19)/CUP L(19)/CUP L(19)/CUP L(17)/CUP Section 9.31.220, Outdoor Retail Display and Sales
Offices See sub-classifications below.
Business and Professional L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP Creative L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP
Medical and Dental L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP Walk-In Clientele L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP Outdoor Newsstands MUP MUP MUP MUP Section 9.31.210, Outdoor Newsstands
Parking, Public or Private CUP CUP CUP CUP
Personal Services See sub-classifications below.
General Personal Services L(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP Section 9.31.230, Personal Service
Personal Services, Physical Training L(19)(20) L(19)(20) L(19)(20) L(2)(20)/CUP Tattoo or Body Modification Parlor P P P P
Section 9.31.230, Personal
Service
Retail Sales See sub-classifications below.
Building Materials Sales and Services – – CUP –
Section 9.31.220, Outdoor Retail
Display and Sales
55 8.A.b
Packet Pg. 173 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) TABLE 9.11.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED-USE CORRIDOR DISTRICTS Use Classification MUBL MUB GC NC Additional Regulations General Retail Sales, Small-Scale L(19)/CUP L(19)/CUP L(19)/CUP L(2)/CUP Section 9.31.220, Outdoor Retail Display and Sales
General Retail Sales, Medium-Scale CUP CUP L(19)/CUP –
Section 9.31.220, Outdoor Retail
Display and Sales
General Retail Sales, Large-Scale – – CUP –
Section 9.31.220, Outdoor Retail
Display and Sales
Medical Marijuana Dispensaries CUP(15) CUP(15) CUP(15) – Section 9.31.185, Medical
Marijuana Dispensaries
Pawn Shops – – – –
Swap Meets – – CUP – Section 9.31.360, Swap Meets
Industrial Uses
Artist’s Studio P P P P
Commercial Kitchens – – CUP –
Media Production See sub-classifications below.
Support Facilities L(21)/CUP L(21)/CUP L(21)/CUP L(21)/CUP Transportation, Communication, and Utilities Uses
Bus/Rail Passenger Stations P P P P
City Bikeshare Facility P P P P
Communication Facilities See sub-classifications below.
Antennas and Transmission Towers – – CUP –
Equipment within Buildings – – P –
Light Fleet-Based Services – – CUP –
Utilities, Major – L(13) L(13) –
Utilities, Minor P P P P
Specific Limitations:
(1) Reserved.Limited to the upper floors and areas not subject to the Active Use Requirement in Section 9.11.030(A) for parcels located on Main Street, Montana Avenue, Pico Boulevard, and Ocean Park Boulevard. Permitted on all floors for all other parcels. (2) Limited to facilities with no more than 7,500 square feet of floor area and/or 40 linear feet of ground floor street frontage; greater area and/or width requires approval of a Conditional Use Permit. (3) Limited to shelters containing less than 55 beds; Conditional Use Permit required for emergency shelters with 55 or more beds. (4) Limited to automobile storage use associated with existing automobile dealerships selling new vehicles; otherwise, requires Conditional Use Permit.
(5) Auto dealerships existing as of July 6, 2010 are considered permitted uses. Expansions to existing dealerships conforming to the Urban Auto Dealership Format standards in Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage are permitted. Expansions to existing dealerships that do not conform to the Urban Auto Dealership Format standards shall require a MUP or CUP. (6) New auto dealerships may be allowed, subject to approval of a Conditional Use Permit, only on sites with frontage on Santa Monica Boulevard between Lincoln Boulevard and 20th Street on Lincoln Boulevard between Interstate 10 and Santa Monica Boulevard. In other locations, new automobile dealerships are not permitted. (7) Limited to existing cinema buildings. New cinemas are not permitted. (8) Limited to theaters with 75 or fewer seats. Theaters with more than 75 seats require Conditional Use Permit. (9) Limited to exercise facilities (e.g., yoga, Pilates, martial arts, and dance studios) and arts instruction facilities. Other small-scale commercial recreation uses require approval of a Conditional Use Permit. (10) Limited to restaurants with 50 or fewer seats.
(11) Limited to 2 restaurants greater than 2,500 square feet per block along Main Street. A block is defined as both sides of Main Street and the adjacent sides of adjoining side streets. Portions of Main Street to be designated a “block” for the purpose of this Section are as follows:
Block 1: South City limits to Marine Street.
Block 2: Marine Street to Pier Avenue.
Block 3: Pier Avenue to Ashland Avenue.
Block 4: Ashland Avenue to Hill.
Block 5: Hill to Ocean Park Boulevard.
Block 6: Ocean Park Boulevard to Hollister Avenue (total of four restaurants and bars permitted in this block).
Block 7: Hollister Avenue to Strand.
Block 8: Strand to Pacific.
Block 9: Pacific to Bicknell.
56 8.A.b
Packet Pg. 174 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) TABLE 9.11.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED-USE CORRIDOR DISTRICTS Use Classification MUBL MUB GC NC Additional Regulations Block 10: Bicknell to Bay.
Block 11: Bay to Pico Boulevard.
North of Ocean Park Boulevard restaurants shall be subject to the following requirements:
• Only one restaurant on the east side of each block shall be permitted. • No more than 200 seats per each block shall be permitted, except that no more than 400 seats shall be permitted in Block 6.
On-sale alcohol outlets may not exceed 12 in number north of Ocean Park Boulevard. Of the 12 total on-sale outlets, no more than 5 shall have on-sale general licenses.
Bars may not exceed 4 in number south of Ocean Park Boulevard, nor 2 in number north of Ocean Park Boulevard.
Existing uses and existing number of seats shall count toward the total number of bars and restaurants and seating requirements permitted within the district.
(12) General markets greater than 15,000 square feet require a Conditional Use Permit. In the Neighborhood Commercial District, establishments shall not exceed 25,000 square feet of floor area. (13) Limited to electric distribution substations.
(14) If the commercial use requires a MUP or CUP, an application shall be required in accordance with Chapter 9.41. Even if the commercial use would otherwise be permitted, no such use shall be approved where, given the design or proposed design of the live-work unit, there would be the potential for adverse health impacts from the proposed use on the people residing in the unit. An example of a potential health impact is the potential for food contamination from uses that generate airborne particulates in a unit with an unenclosed kitchen. (15) Medical marijuana dispensaries are limited to the following locations:
• MUB District along Wilshire Boulevard between Lincoln Boulevard and Centinela Avenue; • GC District along Santa Monica Boulevard between Lincoln Boulevard and 20th Street; and • MUBL District along Santa Monica Boulevard between 23rd Street and Centinela Avenue. (16) Limited to facilities of no more than 3,000 square feet of floor area. (17) No individual tenant space in the NC District shall occupy more than 7,500 square feet of floor area and/or exceed 50 linear feet of ground floor street frontage without the approval of a Conditional Use Permit. (18) Any community assembly facility abutting a residential district shall require a Conditional Use Permit. (19) No individual tenant space in the MUBL, MUB, and GC Districts shall occupy more than 12,500 square feet of floor area and/or exceed 75 linear feet of ground floor street frontage without the approval of a Conditional Use Permit. (20) Youth-serving personal services, physical training requires review and approval of a passenger loading and drop-off plan by the Director.
(21) Permitted if within buildings existing as of July 24, 2015, subject to the active use requirement in Section 9.11.030(A)(1), except:
• All new construction, including new additions of 50% or more additional square footage to an existing building at any one time, or incrementally, after the effective date of this Ordinance, requires approval of a Conditional Use Permit. • In the NC District, ground floor, street-fronting, tenant space occupied by non-media production, support facility uses shall not be changed to an individual office use or media production, support facility use occupying more than 12,500 square feet of floor area and/or exceeding 75 linear feet of street frontage without the approval of a Conditional Use Permit. • In the NC District, no non-medical or non-dental office use tenant space shall be changed to an individual medical or dental office use anywhere in an existing building occupying more than 7,500 square feet of floor area and/or exceeding 50 linear feet of ground floor street frontage without the approval of a Conditional Use Permit. • In the MUBL, MUB, and GC Districts, no non-medical or non-dental office use tenant space shall be changed to an individual medical or dental office use anywhere in an existing building occupying more than 12,500 square feet of floor area and/or exceeding 75 linear feet of ground floor street frontage without approval of a Conditional Use Permit. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2520CCS § 2, adopted June 14, 2016; Ord. No. 2521CCS § 1, adopted June 14, 2016; Ord. No. 2536CCS § 5, adopted February 28, 2017; Ord. No. 2606CCS § 6, adopted April 9, 2019; Ord. No. 2649CCS § 14, adopted September 8, 2020)
9.11.030 Development Standards
Table 9.11.030.A, Development Standards for Projects Not Meeting the Definition of a Housing Project, prescribes the development standards for Commercial and Mixed-Use 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 Article, while individual letters in parentheses refer to subsections that directly follow the table.
57 8.A.b
Packet Pg. 175 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) TABLE 9.11.030.A: DEVELOPMENT STANDARDS FOR PROJECTS NOT MEETING THE DEFINITION OF HOUSING PROJECT — COMMERCIAL AND MIXED-USE CORRIDOR DISTRICTS
Standard MUBL MUB
GC
(Santa
Monica
Blvd)
GC
(Lincoln &
Pico
Blvds)
NC
NC
(Main
Street)
NC
(Ocean
Park Blvd
&
Montana
Ave)
Additional
Regulations
Parcel and Intensity Standards
Minimum Parcel Size (sq.
ft.) 7,500 7,500 7,500 7,500 5,000 5,000See (E) 5,000
Minimum Parcel Width (ft.) 50 50 50 50 50 50 50
Minimum Parcel Depth (ft.) 150 150 150 150 100 100 100
Maximum FAR Section 9.04.080,
Determining FAR
Tier 1 — Base Standard 1.25 1.25 1.0 1.25 1.25 0.75 0.75 Tier 1 — Projects
Including On-Site
Affordable Housing in
Compliance with AHPP
1.5 1.5 1.25 1.5 1.5 1.0 1.0
Chapter 9.64,
Affordable Housing
Production Program
Tier 2 — With Provision
of Community Benefits 1.75 2.25 1.5
1.75 (2.0 if
on-site
affordable
housing
provided)
NA NA NA Chapter 9.23,
Community Benefits
100% Affordable Housing
Projects 2.0 2.75 1.5 2.0
1.75; 2.0,
on Pico
Blvd only
1.25 1.25
Chapter 9.64,
Affordable Housing
Production Program
Building Form and Location
Maximum Building Height (stories/ft.) Section 9.04.050, Measuring Height
Tier 1 — Base Standard 2/32′ 2/32′ 2/32′ 2/32′ 2/32′ 2/27′ 2/32′ Tier 1 — Projects
Including On-Site
Affordable Housing in
Compliance with AHPP
3/36′
3/39′ if
100%
residential
above
ground
floor, 3/35′
for all
other
projects
NA 3/36′ 2/32′ 2/27′ 2/32′
Chapter 9.64,
Affordable Housing
Production Program
Tier 2 —
With Provision of
Community Benefits
3/36′ 3/45′ 2/35′
3/32′
(3/36′ if
on-site
affordable
housing
provided)
NA NA NA Chapter 9.23,
Community Benefits
Tier 2—
With Provision of
Community Benefits and
100% Residential Above
the Ground Floor
No limit to
stories/36′
No limit to
stories/50′
No limit to
stories/35′
No limit to
stories/32′
(36′ if onsite
affordable
housing
provided)
NA NA NA Chapter 9.23,
Community Benefits
58 8.A.b
Packet Pg. 176 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) TABLE 9.11.030.A: DEVELOPMENT STANDARDS FOR PROJECTS NOT MEETING THE DEFINITION OF HOUSING PROJECT — COMMERCIAL AND MIXED-USE CORRIDOR DISTRICTS
Standard MUBL MUB
GC
(Santa
Monica
Blvd)
GC
(Lincoln &
Pico
Blvds)
NC
NC
(Main
Street)
NC
(Ocean
Park Blvd
&
Montana
Ave)
Additional
Regulations
100% Affordable Housing
Projects
No Limit
to
stories/47’
No Limit
to
stories/55’
No Limit
to
stories/35’
No Limit
to
stories/40’
No Limit
to
stories/32
’; 40’ on
Pico Blvd
Only
No Limit
to
stories/32’
No Limit
to
stories/32’
Chapter 9.64,
Affordable Housing
Production Program
Minimum Ground Floor
Height (ft.)
11′ 11′ 11′ 11′ 11′ 11′ 11′
Maximum Ground Floor
Height 16′ 16′ 16′ 16′ 16′ 16′ 16′
Maximum Building Footprint(sq. ft.)
Tier 1 25,000 25,000 25,000 15,000 10,000 10,000 10,000 Tier 2 — With Provision
of Community Benefits 35,000 35,000 35,000 20,000 15,000 15,000 15,000 Chapter 9.23, Community Benefits Minimum Setbacks (ft.)
Minimum Interior Side
and Rear—Adjacent to
Residential District
10 10 10 10 10 10
See (E) 10
Section 9.21.110,
Projections from
Buildings into
Minimum Setbacks
Parking See Sections 9.28.070, Location of Parking and 9.28.120, Parking Design and Development Standards Active Commercial Design See (A) See (A) See (A) See (A) See (A) See (A) See (A) Pedestrian Oriented Design See (B) See (B) See (B) See (B) See (B) See (B) See (B) Build-To Line,
Nonresidential Uses See (C) See (C) See (C) See (C) See (C) See (C) See (C) Minimum Upper-Story Stepbacks (ft.)—Required Above Maximum the Ground Floor Height Street-Facing Façades 5′ average 5′ average 5′ average 5′ average 5′ average
5′ average 5′ average
Daylight Plane Adjacent to
Residential District—Interior
Side and Rear Setbacks
See (D) See (D) See (D) See (D) See (D) See (D) See (D) Section 9.21.060, Height Exceptions
Standards for Residential Uses
Minimum Outdoor Living
Area (sq. ft./unit)—Sites
with 3 or More Units
100 100 100 100 100 100 100 Section 9.21.090,
Outdoor Living Area
Minimum Amount
Provided as Private
Outdoor Living Area (sq.
ft./unit)
60 60 60 60 60 60 60 Section 9.21.090,
Outdoor Living Area
Additional Standards
Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Accessory Food Service Section 9.31.030, Accessory Food Service Accessory Structures Section 9.21.020, Accessory Buildings and Structures Affordable Housing
Production Program Chapter 9.64, Affordable Housing Production Program Automobile/ Vehicle Sales,
Leasing, and Storage Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage Density Bonus Chapter 9.22, Density Bonus
Exceptions to Height Limits Section 9.21.060, Height Exceptions Fences and Walls Section 9.21.050, Fences, Walls, and Hedges Home Occupation Section 9.31.160, Home Occupation
59 8.A.b
Packet Pg. 177 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) TABLE 9.11.030.A: DEVELOPMENT STANDARDS FOR PROJECTS NOT MEETING THE DEFINITION OF HOUSING PROJECT — COMMERCIAL AND MIXED-USE CORRIDOR DISTRICTS
Standard MUBL MUB
GC
(Santa
Monica
Blvd)
GC
(Lincoln &
Pico
Blvds)
NC
NC
(Main
Street)
NC
(Ocean
Park Blvd
&
Montana
Ave)
Additional
Regulations
Junior Accessory Dwelling
Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Landscaping and Street
Trees Subsection 9.11.030(F), Chapter 9.26, Landscaping Lighting Section 9.21.080, Lighting
Multiple-Unit Dwelling
Projects Section 9.31.195, Multiple-Unit Dwelling Projects Multiple-Unit Dwelling
Projects Located on
Community Assembly
Surface Parking Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots
Off-Street Parking and
Loading Chapter 9.28, Parking, Loading, and Circulation Projections into Required
Setbacks Section 9.21.110, Projections into Required Setbacks Refuse and Recycling
Screening and Enclosure Section 9.21.130, Resource Recovery and Recycling Standards Signs Chapter 9.61, Signs
Screening Section 9.21.140, Screening
Solar Energy Systems Section 9.21.150, Solar Energy Systems Refuse and Recycling
Screening and Enclosure Section 9.21.130, Resource Recovery and Recycling Standards Table 9.11.030.B, Development Standards For Projects That Meet the Definition of Housing Project, prescribes the development standards for Commercial and Mixed-Use 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 Article, while individual letters in parentheses refer to subsections that directly follow the table.
TABLE 9.11.030.B: DEVELOPMENT STANDARDS FOR PROJECTS THAT MEET THE DEFINITION OF HOUSING PROJECT — COMMERCIAL
AND MIXED-USE CORRIDOR DISTRICTS
Standard
MUBL
(N. of
I-10)
MUBL
(Pico
Blvd)
MUBL
(Lincoln Blvd
& Main St)
MUB
GC
(Santa
Monica
Blvd)
GC
(Lincoln
Blvd)
GC
(Pico
Blvd)
NC
NC
(Main St, Ocean
Park Blvd, &
Montana Ave)
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 5,000 5,000See (E) Minimum Parcel
Width (ft.) 50 50 50 50 50 50 50 50 50
Minimum Parcel
Depth (ft.) 150 150 150 150 150 150 150 100 100
Maximum FAR Section 9.04.080,
Determining FAR
60 8.A.b
Packet Pg. 178 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) TABLE 9.11.030.B: DEVELOPMENT STANDARDS FOR PROJECTS THAT MEET THE DEFINITION OF HOUSING PROJECT — COMMERCIAL
AND MIXED-USE CORRIDOR DISTRICTS
Standard
MUBL
(N. of
I-10)
MUBL
(Pico
Blvd)
MUBL
(Lincoln Blvd
& Main St)
MUB
GC
(Santa
Monica
Blvd)
GC
(Lincoln
Blvd)
GC
(Pico
Blvd)
NC
NC
(Main St, Ocean
Park Blvd, &
Montana Ave)
Additional
Regulations
Housing
Projects 3.25
2.0 (2.5 west
of
Lincoln
Blvd)
2.5 3.25 3.25 2.5 2.0 2.25 2.5
100%
Affordable
Housing
Projects
3.75 2.5
(3.0 west
of
Lincoln
Blvd)
3.0 3.75 3.75 3.0 2.5 2.75 3.0
Building Form and Location
Maximum Building Height (ft.) Section 9.04.050,
Measuring Height
Housing
Projects 70’
45’
(55’
west of
Lincoln
Blvd)
55’ 70’ 70’ 55’ 45’ 50’ 55’
100%
Affordable
Housing
Projects
80’
55’
(65’
west of
Lincoln
Blvd)
65’ 80’ 80’ 65’ 55’ 60’ 65’
Minimum
Ground Floor
Height (ft.)
11’ 11’ 11’ 11’ 11’ 11’ 11’ 11’ 11’
Maximum Building Footprint (sq. ft.)
Housing
Projects 35,000 35,000 35,000 35,000 35,000 20,000 20,000 15,000 15,000 Minimum Setbacks (ft.)
Interior Side
and Rear —
Adjacent to
Residential
District
10 10 10 10 10 10 10 10 10
See (E)
Section 9.21.110,
Projections from
Buildings into
Minimum Setbacks
Active
Commercial
Design
See (A) See (A) See (A) See (A) See (A) See (A) See (A) See (A) See (A) Pedestrian
Oriented Design See (B) See (B) See (B) See (B) See (B) See (B) See (B) See (B) See (B) Build-To Line,
Nonresidential
Uses
See (C) See (C) See (C) See (C) See (C) See (C) See (C) See (C) See (C) Minimum Upper-Story Stepbacks (ft.)—Required Above the Ground Floor Street-Facing
Façades 5′ average
5′
average
5′ average 5′ average 5′ average 5′
average
5’
average
5′
average
5′ average
Daylight Plane
Adjacent to
Residential
District—Interior
Side and Rear
See (D) See (D) See (D) See (D) See (D) See (D) See (D) See (D) See (D) Section 9.21.060, Height Exceptions
Standards for Residential Uses
61 8.A.b
Packet Pg. 179 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) TABLE 9.11.030.B: DEVELOPMENT STANDARDS FOR PROJECTS THAT MEET THE DEFINITION OF HOUSING PROJECT — COMMERCIAL
AND MIXED-USE CORRIDOR DISTRICTS
Standard
MUBL
(N. of
I-10)
MUBL
(Pico
Blvd)
MUBL
(Lincoln Blvd
& Main St)
MUB
GC
(Santa
Monica
Blvd)
GC
(Lincoln
Blvd)
GC
(Pico
Blvd)
NC
NC
(Main St, Ocean
Park Blvd, &
Montana Ave)
Additional
Regulations
Minimum
Outdoor Living
Area (sq.
ft./unit)—Sites
with 3 or More
Units
100 100 100 100 100 100 100 100 100 Section 9.21.090,
Outdoor Living Area
Minimum
Amount
Provided as
Private
Outdoor
Living Area
(sq. ft./unit)
60 60 60 60 60 60 60 60 60 Section 9.21.090,
Outdoor Living Area
Additional Standards
Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Accessory Food Service Section 9.31.030, Accessory Food Service Accessory Structures Section 9.21.020, Accessory Buildings and Structures Affordable Housing Production Program Chapter 9.64, Affordable Housing Production Program Automobile/ Vehicle Sales, Leasing, and
Storage Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage Density Bonus Chapter 9.22, Density Bonus
Exceptions to Height Limits Section 9.21.060, Height Exceptions Fences, Walls, and Hedges Section 9.21.050, Fences, Walls, and Hedges Home Occupation Section 9.31.160, Home Occupation
Junior Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Landscaping and Street Trees Subsection 9.11.030(F), Chapter 9.26, Landscaping Lighting Section 9.21.080, Lighting
Multiple-Unit Dwelling Projects Section 9.31.195, Multiple-Unit Dwelling Projects Multiple-Unit Dwelling Projects Located
on Community Assembly Surface Parking
Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots Off-Street Parking and Loading Chapter 9.28, Parking, Loading, and Circulation Projections into Required Setbacks Section 9.21.110, Projections into Required Setbacks Refuse and Recycling Screening and
Enclosure Section 9.21.130, Resource Recovery and Recycling Standards Signs Chapter 9.61, Signs
Screening Section 9.21.140, Screening
Solar Energy Systems Section 9.21.150, Solar Energy Systems A. Active Ground Floor Design and Use and Design.
1. 1. Active Use Requirement. Except as exempted in subsection A(3), below, Tthe groundfloor street frontage of buildings on defined cCommercial Bboulevards, within LUCEdesignated Activity Centers, and within Neighborhood Commercial Districts on Main Street and Montana Avenue shall be required to have active use areas that accommodate commercial uses and activities, subject to the following:
62 8.A.b
Packet Pg. 180 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) a. Active use areas are required to have a minimum average depth of 40 feet, but no less than 25 feet, for a minimum of 60% of the ground-floor frontage, to the maximum extent feasible.
a. A minimum average depth of 40 feet, but no less than 25 feet, for a minimum of 60% of the ground-floor frontage, to the maximum extent feasible. bb. Within LUCE-designated Activity Centers, and Neighborhood Commercial Districts on Main Street and Montana Avenue, uses within these active use areas shall be limited to the following:
i. Cultural facilities;
ii. Food and beverage sales;
iii. Eating and drinking establishments;
iv. Grooming and pet stores;
v. Banks and credit unions;
vi. Business services;
vii. Commercial entertainment, recreation, and instructional services; viii. General personal services and personal physical training; ix. General retail sales; and
x. Childcare facilities.
(c.) In other commercial districts not identified in subsection (A)(1)(b), above, the following uses and use categories are prohibited within these active use areas:
i. Residential; and
ii. Offices, with the following exceptions:
(1) Creative offices or offices with walk-in clientele, and (2) Offices within a structure that was designed, approved, and continuously used with office at the ground level, facing the street.
2. Active Commercial Design. Where an active use is required for new buildings, The the groundfloor street frontage of new buildings on commercial boulevards shall be designed to accommodate commercial uses and activities, subject to the following:
a. A minimum average depth of 40 feet, but in no case less than 25 feet, for a minimum of 60% of the ground-floor frontage.
ab. Minimum Floor-to-Floor Heights.
i. 11 feet in all districts.
(1) Ground-Floor Street Frontages Along Commercial Boulevards. The finished ground floor level along the commercial boulevard shall not exceed 18 inches lower or higher than the finished grade of the adjacent sidewalk.
c. (2) Sloped Ground-Floor Street Frontages Along Commercial Boulevards. On parcels with a grade change of 10% or more along the length of the parcel line adjacent to the commercial boulevard, the finished ground floor level along the commercial boulevard 63 8.A.b
Packet Pg. 181 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) shall not exceed 18 inches lower or 3 feet higher than the finished grade of the adjacent sidewalk.
d. (3) Corner Parcels. For corner parcels located at the intersection of 2 commercial boulevards, the requirements of subsection (A)(1) shall apply to the ground-floor street frontages along both commercial boulevards.
e. ii. Loft spaces built within this area shall not exceed 30% of the total floor area of the space consistent with the definition of mezzanine.
fc. Street Facing Facades. A minimum of 7050% of the each street facing façade facing a commercial street shall be transparent and include windows, doors, and other openings between 2.5 and 8 feet above finished grade. Openings fulfilling this requirement shall have transparent glazing or openings that provide views into work areas, display areas, sales areas, lobbies, or similar active spaces, or into window displaying merchandise or other items other than signs that are at least 3 feet 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 – Energy Code.
FIGURE 9.11.030.A: STREET-FACING FAÇADES
bgd. A minimum of one pedestrian entrance facing the Ccommercial Bboulevardsstreet.
2. 3. Exemptions for Certain Housing Projects.
a. 100% Affordable Housing Projects. 100% Affordable Housing Projects are exempt from the provision of subsection A, except that 100% Affordable Housing Projects within the Neighborhood Commercial Districts on Main Street and Montana Avenue shall be subject to subsection (A)(21)(a) and (b).
b. All Other Housing Projects. Except as provided below, Housing Projects on Commercial Boulevards are exempt from the provisions of subsection (A). 64 8.A.b
Packet Pg. 182 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) i. Housing Projects located within the Neighborhood Commercial Districts on Pico Boulevard and Ocean Park Boulevard are subject to subsection (A)(1)(a). ii. Housing Projects on Commercial Boulevards shall be subject to the limitation on office use set forth in subsection (A)(1)(c).
B. Pedestrian-Oriented Design.
1. No more than 20 feet or 40% of a building’s ground floor façade, whichever is less, may be continuous blank or featureless linear street-level frontage.
2. New development shall incorporate the following design elements into the street-facing façades at the ground floor level:
a. Street-Facing Facades
i. Articulated façades at the ground floor street frontage, which may include, but not necessarily require, such measures as indentation in plane, 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. b. 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 off-site glare.
cb. Ground-Floor Street Frontages Along Commercial Boulevards. The finished ground floor level along the Ccommercial Bboulevard shall not exceed 18 inches lower or higher than the finished grade of the adjacent sidewalk.
dc. Sloped Ground-Floor Street Frontages Along Commercial Boulevards. On parcels with a grade change of 10% or more along the length of the parcel line adjacent to the Ccommercial Bboulevard, the finished ground floor level along the Ccommercial Bboulevard shall not exceed 18 inches lower or 3 feet higher than the finished grade of the adjacent sidewalk.
e. Corner Parcels. For corner parcels located at the intersection of 2 commercial boulevards, the requirements of subsection (A)() shall apply to the ground-floor street frontages along both commercial boulevards.
3. Residential uses at the ground floor street frontage shall incorporate planted areas, porches, front stairs, and/or other elements that contribute to a pedestrian 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, arcades, colonnades, plazas, noncommercial community bulletin boards, public or private art, and alternative paving materials in areas of pedestrian access.
4. When provided, storefront security grates or grilles shall be located inside exterior windows, shall be retractable into pockets or overhead cylinders, and shall be completely concealed when retracted.
65 8.A.b
Packet Pg. 183 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins))
5. Alternatives to the requirements of this Section 9.11.030(B) may be approved if the Review Authority finds that the proposed use has unique operational characteristics with which providing the required windows and openings is incompatible, and street-facing building walls will exhibit architectural relief and detail and be enhanced with landscaping in such a way as to create visual interest at the pedestrian level.
C. Build-To Line, Nonresidential Uses. Buildings with nonresidential uses on the ground floor and not facing a residential district shall be constructed no farther than 10 feet from the street facing property line(s) for 70% of linear street frontage. This requirement may be waived or modified subject to a discretionary approval upon finding that:
1. An alternative configuration can be approved based on the findings in Chapter 9.43, Modifications and Waivers, and the objectives of the Design Guidelines; and
2. 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
3. The building incorporates an alternative entrance design that creates a pedestrian-oriented entry feature facing the street.
D. Daylight Plane Adjacent to Residential Districts. Buildings shall not extend above a plane starting at 2530 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. The 2530-foot height measurement shall be taken from the same reference grade as determined for the subject site pursuant to Section 9.04.050.
FIGURE 9.11.030.D: DAYLIGHT PLANE ADJACENT TO RESIDENTIAL DISTRICTS—
COMMERCIAL AND MIXED-USE CORRIDOR DISTRICTS
66 8.A.b
Packet Pg. 184 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) E. Parcels in the NC—Main Street District.
1. Use of Rear YardSetback. Commercial use in the required rear yard setback is not permitted.
Noncommercial uses and parking are permitted in the rear yard setback to the rear property line on the ground level.
2. Use of Roof in Rear YardSetback. No portion of the first-floor roof within 15 feet of the rear property line may be used for any purpose other than access for building maintenance and repair.
The remaining setback area may be privately used (not open to the public) if enclosed with a solid 6-foot barrier.
3. Consolidation of Parcels.
a. Non-Housing Projects. Parcels shall not be consolidated nor shall parcels be tied if such consolidation or parcel tie results in a parcel that exceeds 6,000 square feet in size. b. Housing Projects. Parcels shall not be consolidated nor shall parcels be tied if such consolidation or parcel tie results in a parcel that exceeds 15,000 square feet in size.
F. Planting Areas. The following areas shall be landscaped:
1. Setback Areas Adjoining Streets. All visible portions of a required setback area adjoining a street that are not used for driveways or walks shall consist of planting areas, landscape, or 67 8.A.b
Packet Pg. 185 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) pedestrian amenities such as entry courtyards, plazas, entries, outdoor eating and display areas, or other uncovered areas designed and accessible for public use.
2. Interior and Rear Setback Areas. At least 50% of each required interior side and rear setback area shall be a planting area. The width of a required planting area may be reduced to less than 50% of the setback area but no less than 3 feet in width in one side or rear setback area adjoining a driveway or when an approved nonresidential accessory structure occupies a portion of the rear setback area.
3. Adjoining R1 Districts. A continuous planting area with a minimum width of 5 feet shall be provided along interior parcel lines when a Mixed-Use and Commercial Districts adjoins an R1 or R2 District and is not separated by a public or private thoroughfare. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2520CCS § 7, adopted June 14, 2016; Ord. No. 2524CCS § 1, adopted July 28, 2016; Ord. No. 2576CCS § 3, adopted June 12, 2018; Ord. No. 2649CCS § 15, adopted September 8, 2020) 68 8.A.b
Packet Pg. 186 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) Chapter 9.13
EMPLOYMENT DISTRICTS
Sections:
9.13.010 Purpose
9.13.020 Land Use Regulations
9.13.030 Development Standards
9.13.010 Purpose
The purposes of the “Employment” Districts are to:
A. Provide appropriately located areas for continued employment activities to ensure a robust economy that is essential in order for the City to continue to provide the high level of public services that the community expects.
B. Continue to diversify Santa Monica’s economic base by providing sites for incubator businesses, creative industries, technology-based businesses, research and development, and professional offices.
C. Provide a range of employment opportunities to meet the needs of current and future residents and take advantage of the City’s location relative to regional roadway and transit systems.
D. Assure high-quality design and site planning of office and employment areas and support the adaptive reuse of industrial buildings that contribute to the character of the City as a whole.
E. Encourage the development of employment mixed-use areas that create an opportunity to walk and bike between businesses, employment, and residences.
F. Ensure that new industrial and office development is designed to minimize traffic and parking, impacts on surrounding neighborhoods, and is appropriate to the physical characteristics of the site and the area where the project is proposed.
The specific designations and the additional purposes of the Employment Districts are:
IC Industrial Conservation. This Zoning District preserves space for existing industrial uses that provide a job base, affordable space for small-scale industrial and manufacturing businesses, and a center of economic activity for the City. The District also provides a place for a diversity of housing types and the adaptive reuse of industrial buildings into affordable workspace for artists and the creative industries.
Allowable land uses within this District include light industrial uses, including businesses engaged in design, development, manufacturing, fabricating, testing, or assembly of various products, which provide important community services and employment for workers with various skills. This District also allows for housing, incubator business opportunities, including sustainable industries that are appropriate for the City, as well as small visual and performing arts studios and theaters. One hundred percent affordable housing is allowed in limited areas. Additionally, auto dealers are allowed to locate storage and service facilities in this area.
OC Office Campus. This Zoning District is intended to provide for office and advanced technology uses, scientific research, and administration, and limited manufacturing of related products which require large expanses of floor area on large parcels. Additionally, this District provides a diversity of housing types.
Development intensity is intended to provide for office uses and other uses within a campus-like environment that will be compatible with abutting residential neighborhoods, especially in terms of scale and building mass.
HMU Healthcare Mixed Use. This Zoning District is intended to provide for the future orderly expansion of the City’s hospitals and related health care facilities in order to meet the needs of both the community and region while protecting the integrity of the surrounding residential neighborhoods. The District fosters 69 8.A.b
Packet Pg. 187 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) the evolving needs of the healthcare community with expanded medical office uses and outpatient services along with retail and non-medical services. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
9.13.020 Land Use Regulations
Table 9.13.020 prescribes the land use regulations for the Employment Districts. The regulations for each district are established by letter designations below. These designations apply strictly to the permissibility of land uses; applications for buildings or structures may require discretionary review. “P” designates permitted uses.
“L(#)” designates limited uses, which are permitted by right, provided they comply with specific limitations listed at the end of the table.
“MUP” designates use classifications that are permitted after review and approval of a Minor Use Permit. “CUP” designates use classifications that are permitted after review and approval of a Conditional Use Permit.
“—” designates uses that are not permitted.
Land uses are defined in Chapter 9.51 (“Use Classifications”) of Article 9 of the Santa Monica Municipal code (“Zoning Ordinance”). Use classifications and sub-classifications not listed in the table are prohibited.
Accessory uses are permissible when they are determined by the Zoning Administrator to be necessary and customarily associated with and appropriate, incidental, and subordinate to, the principal uses and which are consistent and not more disturbing or disruptive than permitted uses. The table also notes additional use regulations that apply to various uses. Section numbers in the right-hand column refer to other Sections of this Ordinance.
TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
Residential Uses
Residential Housing Types See sub-classifications below.
Single Unit Dwelling – – P
Accessory Dwelling Unit –P –P P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Junior Accessory Dwelling Unit –P –P P
Section 9.31.025, Accessory
Dwelling Units and Junior
Accessory Dwelling Units
Multiple-Unit StructureDwelling –P –P P
Section 9.31.195, Multiple-Unit
Dwelling Projects
Senior Citizen Multiple-Unit Residential –P –P P
Section 9.31.195, Multiple-Unit
Dwelling Projects
Single-Room Occupancy Housing – – P
Section 9.31.330, Single Room
Occupancy Structures
Congregate Housing L (1) L (1) P
Section 9.31.110, Congregate and
Transitional Housing
Senior Group Residential CUP CUP P
Section 9.31.310, Senior Group
Residential
Elderly and Long-Term Care – P P
Emergency Shelters L (2)/CUP L (2)/CUP L (2)/CUP Section 9.31.130, Emergency Shelters
Family Day Care See sub-classifications below.
70 8.A.b
Packet Pg. 188 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
Small P P P
Large P P P
Section 9.31.140, Family Day Care,
Large
Residential Facilities See sub-classifications below.
Residential Care, Limited P P P
Section 9.31.270, Residential Care
Facilities
Residential Care, Senior P P P
Section 9.31.270, Residential Care
Facilities
Hospice, Limited P P P
Supportive Housing P P P
Transitional Housing P P P
Section 9.31.110, Congregate and
Transitional Housing
Public and Semi-Public Uses
Adult Day Care MUP P P
Child Care and Early Education Facilities MUP P P
Section 9.31.120, Child Care and
Early Education Facilities
Colleges and Trade Schools, Public or Private – CUP –
Community Assembly CUP CUP CUP
Community Gardens P P P
Cultural Facility – – CUP
Hospitals and Clinics – – P
Park and Recreation Facilities, Public P P P
Public Safety Facilities MUP MUP P
Schools, Public or Private L (3)/CUP L (3)/CUP P
Social Service Centers MUP MUP P
Section 9.31.350, Social Service
Centers
Commercial Uses
Animal Care, Sales, and Services See sub-classifications below.
Kennels CUP – –
Pet Day Care Services MUP – –
Veterinary Services P – –
Automobile/Vehicle Sales and Service See sub-classifications below.
Alternative Fuels and Recharging
Facilities L (5)/CUP CUP –
Automobile Rental L (4) P –
Section 9.31.050, Automobile
Rental
Automobile Storage Use CUP CUP –
Automobile/Vehicle Sales and Leasing CUP CUP –
Section 9.31.070,
Automobile/Vehicle Sales,
Leasing, and Storage
Automobile/Vehicle Repair, Major L (5)/CUP – –
Section 9.31.060,
Automobile/Vehicle Repair, Major
and Minor
Automobile/Vehicle Service and Repair,
Minor L (5)/CUP – –
Section 9.31.060,
Automobile/Vehicle Repair, Major
and Minor
Automobile/Vehicle Washing CUP – –
Section 9.31.080,
Automobile/Vehicle Washing
71 8.A.b
Packet Pg. 189 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
Large Vehicle and Equipment Sales,
Service, and Rental CUP – –
Service Station L (5)/CUP CUP – Section 9.31.320, Service Stations Towing and Impound L (5)/CUP – –
Banks and Financial Institutions See sub-classifications below.
Banks and Credit Unions –L(15) L (615) CUP
Business Services P L (6) P
Commercial Entertainment and Recreation See sub-classifications below.
Cinemas – – –
Theaters L (7)/CUP – –
Convention and Conference Centers – CUP –
Small-Scale Facility L (8)/CUP MUP (6) CUP Section 9.31.340, Small-Scale Facility, Game Arcades
Large-Scale Facility L(16) L(16) -
Eating and Drinking Establishments See sub-classifications below.
Restaurants, Full-Service, Limited Service
& Take-Out, With Entertainment, With
Outdoor Eating Areas (2,500 SF and
smaller)
P L (6)P P
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited-Service and Take Out
Section 9.31.290, Restaurants with
Entertainment
Section 9.31.200, Outdoor Dining
and Seating
Restaurants, Full-Service, Limited Service
& Take-Out, With Entertainment, With
Outdoor Eating Areas (2,501 – 5,000 SF)
– MUP (6) P
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited-Service and Take Out
Section 9.31.290, Restaurants with
Entertainment
Section 9.31.200, Outdoor Dining
and Seating
Restaurants, Full-Service, Limited Service
& Take-Out, With Entertainment, With
Outdoor Eating Areas (Greater than 5,000
SF)
–P CUP (6)P P
Section 9.31.040, Alcoholic
Beverage Sales
Section 9.31.280, Restaurants,
Limited-Service and Take Out
Section 9.31.290, Restaurants with
Entertainment
Section 9.31.200, Outdoor Dining
and Seating
Equipment Rental P – P
Food and Beverage Sales See sub-classifications below.
Convenience Markets L (6) L (6) P
Farmers Markets CUP – –
General Markets L(17)/CUP L(17)/CUP -
Funeral Parlor and Mortuary – – CUP
Instructional Services L(18)/CUP L(18)/CUP -
Live-Work L (14) CUP L (14) Section 9.31.170, Live-Work Offices See sub-classifications below.
Business and Professional L (9) P P
Creative P P –
72 8.A.b
Packet Pg. 190 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
Medical and Dental – P P
Walk-In Clientele L (10) L (6) L (10)
Parking, Public or Private CUP CUP CUP
Personal Services See sub-classifications below.
General Personal Services –P L (6)P P Section 9.31.230, Personal Service Personal Services, Physical Training –P L (6)P CUP
Tattoo or Body Modification Parlor P P P Section 9.31.230, Personal Service Retail Sales See sub-classifications below.
Building Materials Sales and Services P – –
Section 9.31.220, Outdoor Retail
Display and Sales
Firearms and Ammunition Sales – – –
General Retail Sales, Small-Scale CUP (11)P MUP (6)P P
Section 9.31.220, Outdoor Retail
Display and Sales
General Retail Sales, Medium-Scale CUP CUP -
Section 9.31.220, Outdoor Retail
Display and Sales
Medical Marijuana Dispensaries – – CUP Section 9.31.185, Medical Marijuana Dispensaries
Industrial Uses
Artist’s Studio P P P
Commercial Kitchens P – –
Industry, General P CUP (12) –
Research and Development P CUP (12) P
Industry, Limited P CUP (12) –
Media Production P P –
Recycling Facility See sub-classifications below.
Recycling Collection Facility P – –
Recycling Processing Facility P – –
Warehousing, Storage, and Distribution See sub-classifications below.
Indoor Warehousing and Storage P – –
Outdoor Storage CUP (13) – –
Personal Storage P CUP – Section 9.31.240, Personal Storage Wholesaling and Distribution P – –
Transportation, Communication, and Utilities Uses
Bus/Rail Passenger Stations P P P
City Bikeshare Facility P P P
Communication Facilities See sub-classifications below.
Antennas and Transmission Towers CUP – CUP Chapter 9.32, Telecommunication Facilities
Facilities within Buildings CUP P CUP
Light Fleet-Based Services CUP – –
Utilities See sub-classifications below.
Utilities, Major P P –
Utilities, Minor P P P
73 8.A.b
Packet Pg. 191 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) TABLE 9.13.020: LAND USE REGULATIONS—EMPLOYMENT DISTRICTS Use Classification IC OC HMU Additional Regulations
Specific Limitations:
(1) Limited to 100% affordable housing projects. For senior citizen multiple-unit residential projects in the Office Campus District that are not 100% affordable approval of a Conditional Use Permit is required. (2) Homeless shelters with less than 55 beds are permitted by right. Homeless shelters with 55 beds or more may be permitted with application for and approval of a Conditional Use Permit. (3) Permitted if existing. New uses require approval of a Conditional Use Permit. (4) Limited to accessory automobile rental facilities located within automobile/vehicle repair use. (5) Permitted if located 100 ft. or more from any residential use or district. Conditional Use Permit required if located within 100 ft. of a residential use or district.
(6) Conditionally permitted as businesses that provide goods and services to employees on the premises. No more than 25% of the total square footage of a development may be devoted to such businesses. (7) Limited to theaters with 99 seats or less and 10,000 sq. ft. or less. Larger theaters require a Conditional Use Permit. (8) Exercise facilities (e.g., yoga, Pilates, martial arts, and dance studios) permitted by right. Other small-scale commercial recreation uses require a Conditional Use Permit.
(9) Permitted if existing or accessory to a primary permitted use on the same site and not exceeding 25 percent of the gross floor area of the primary permitted use.
(10) Permitted if existing. New uses are not permitted. (11) Limited to retail sales of goods manufactured on the premises provided that the floor space devoted to such use does not exceed 20% of the gross floor area of the primary permitted use or 2,000 sq. ft., whichever is less.(Reserved) (12) Such uses must be conducted within an enclosed building or an open enclosure screened from public view. In order to approve a Conditional Use Permit, the review authority must make a finding that proposed uses are compatible with office and advanced technological uses.
(13) Limited to outdoor storage of fleet vehicles if such vehicles are directly related to the primary operation on the site. (14) If the commercial use requires a MUP or CUP, an application shall be required in accordance with Chapter 9.41. Even if the commercial use would otherwise be permitted, no such use shall be approved where, given the design or proposed design of the Live-Work unit, there would be the potential for adverse health impacts from the proposed use on the people residing in the unit. An example of a potential health impact is the potential for food contamination from uses that generate airborne particulates in a unit with an unenclosed kitchen.
(15) Limitation shall only apply to new construction and alterations to existing buildings that result in a combination or enlargement of tenant spaces: Limited to facilities with no more than 7,500 square feet of floor area and/or 40 linear feet of ground floor street frontage (16) Limited to indoor exercise facilities and bowling alleys. (17) General markets greater than 15,000 square feet require a Conditional Use Permit. (18) Limitation shall only apply to new construction and alterations to existing buildings that result in a combination or enlargement of tenant spaces: No individual tenant space shall occupy more than 12,500 square feet of floor area and/or exceed 75 linear feet of ground floor street frontage without the approval of a Conditional Use Permit. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2520CCS § 36, adopted June 14, 2016; Ord. No. 2649CCS § 16, adopted September 8, 2020)
9.13.030 Development Standards
Table 9.13.030.1, Development Standards for Projects Not Meeting the Definition of Housing Project, prescribes the development standards for Employment 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 Article, while individual letters in parentheses refer to subsections that directly follow the table.
TABLE 9.13.030.1: DEVELOPMENT STANDARDS FOR PROJECTS NOT MEETING THE DEFINITION OF HOUSING PROJECT — EMPLOYMENT DISTRICTS
Standard IC OC* HMU Additional Regulations
Parcel and Intensity Standards
Minimum Parcel Size
(sq. ft.) 15,000 15,000 7,500
Minimum Parcel
Width (ft.) 100 100 50
74 8.A.b
Packet Pg. 192 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) TABLE 9.13.030.1: DEVELOPMENT STANDARDS FOR PROJECTS NOT MEETING THE DEFINITION OF HOUSING PROJECT — EMPLOYMENT DISTRICTS
Standard IC OC* HMU Additional Regulations
Minimum Parcel
Depth (ft.) 150 150 100
Maximum FAR Section 9.04.080, Determining
FAR
Tier 1 — Base
Standard 1.0 1.5 1.5
Tier 2 — With
Provision of
Community
Benefits
1.75 1.75 2.5 Chapter 9.23, Community Benefits
100% Affordable
Housing Projects 2.25 NA 2.5 Limited to 50 or fewer units Building Form and Location
Maximum Building Height (stories/ft.) Section 9.04.050, Measuring Height
Tier 1 — Base
Standard 2/32′ 2/32′ 3/45′
Tier 2 — With
Provision of
Community
Benefits
3/45’′
See (A) 3/45’′ 5/70′
Chapter 9.23, Community
Benefits
100% Affordable
Housing Projects
No limit to
stories/45 NA No limit to stories/70 Limited to 50 or fewer units Minimum Setbacks (ft.)
Front and Corner
Side None None None
Interior Side and
Rear – Adjacent
to a Residential
District
15′.
See (B)
15′.
See (B)
15′.
See (B)
Parking Sections 9.28.070, Location of Parking and 9.28.120, Parking Design and Development Standards Minimum Ground -
Floor (Floor-toFloor) Height (ft.) for
Frontages on a
Boulevard
11′ 11′ NA
Maximum GroundFloor (Floor-to-Floor)
Height (ft.) for
Frontages on a
Boulevard
16′ 16′ NA
Minimum Upper-Story Stepbacks (ft.)—Required Above Maximum the Ground Floor Height Street-Facing
Façades 5′ average 5′ average NA
Daylight Plane
Adjacent to
Residential District—
Interior Side and
Rear Setbacks
See (DC) See (DC) See (DC)
Standards for Multiple-Unit Dwellings
75 8.A.b
Packet Pg. 193 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) TABLE 9.13.030.1: DEVELOPMENT STANDARDS FOR PROJECTS NOT MEETING THE DEFINITION OF HOUSING PROJECT — EMPLOYMENT DISTRICTS
Standard IC OC* HMU Additional Regulations
Minimum Outdoor
Living Area (sq.
ft./unit)—Sites with 3
or More Units
100 100 100 Section 9.21.090, Outdoor Living
Area
Minimum Amount
Provided as
Private Outdoor
Living Area (sq.
ft./unit)
60 60 60 Section 9.21.090, Outdoor Living
Area
Additional Standards
Accessory Dwelling
Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Accessory Food
Service Section 9.31.030, Accessory Food Service
Accessory Structures Section 9.21.020, Accessory Buildings and Structures Affordable Housing
Production Program
Chapter 9.64, Affordable Housing Production Program
Density Bonus Chapter 9.22, Density Bonus
Exceptions to Height
Limits Section 9.21.060, Height Exceptions
Fences and Walls Section 9.21.050, Fences, Walls, and Hedges Home Occupation Section 9.31.160, Home Occupation
Junior Accessory
Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Landscaping Subsection 9.13.030(D), Chapter 9.26, Landscaping Lighting Section 9.21.080, Lighting
Multiple-Unit
Dwelling Projects Section 9.31.195, Multiple-Unit Dwelling Projects Multiple-Unit
Dwelling Projects
Located on
Community
Assembly Surface
Parking Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots
Off-Street Parking
and Loading Chapter 9.28, Parking, Loading, and Circulation Parking Structures
and Areas Chapter 9.28, Parking, Loading, and Circulation Projections into
Required Setbacks Section 9.21.110, Projections into Required Setbacks Refuse and Recycling
Screening and
Enclosure
Section 9.21.130, Resource Recovery and Recycling Standards Signs Chapter 9.61, Signs
Screening Section 9.21.140, Screening
Solar Energy Systems Section 9.21.150, Solar Energy Systems Refuse and Recycling
Screening and
Enclosure
Section 9.21.130, Resource Recovery and Recycling Standards 76 8.A.b
Packet Pg. 194 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) TABLE 9.13.030.1: DEVELOPMENT STANDARDS FOR PROJECTS NOT MEETING THE DEFINITION OF HOUSING PROJECT — EMPLOYMENT DISTRICTS
Standard IC OC* HMU Additional Regulations
* In those portions of the OC Districts adjacent to Ocean Park Boulevard, development of additional floor area for projects other than housing projects that requires discretionary approval shall only be permitted after completion of a specific plan.
Table 9.11.030.2, Development Standard for Projects That Meet the Definition of Housing Project, prescribes the development standards for Employment 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 Article, while individual letters in parentheses refer to subsections that directly follow the table.
TABLE 9.13.030.2: DEVELOPMENT STANDARDS FOR PROJECTS THAT MEET THE DEFINITION OF HOUSING PROJECT — EMPLOYMENT DISTRICTS
Standard IC OC HMU Additional Regulations
Parcel and Intensity Standards
Minimum Parcel Size
(sq. ft.) 15,000 15,000 7,500
Minimum Parcel
Width (ft.) 100 100 50
Minimum Parcel
Depth (ft.) 150 150 100
Maximum FAR Section 9.04.080, Determining
FAR
Housing Projects 3.0 2.75 2.5
100% Affordable
Housing Projects 3.5 3.25 3.0
Building Form and Location
Maximum Building Height (ft.) Section 9.04.050, Measuring Height
Housing Projects 65’ 60’ 70’
100% Affordable
Housing Projects 75’ 70’ 80’
Minimum Setbacks (ft.)
Interior Side and
Rear – Adjacent
to a Residential
District
15′
See (B)
15′
See (B)
15′
See (B)
Parking Sections 9.28.070, Location of Parking and 9.28.120, Parking Design and Development Standards Pedestrian Oriented
Design for Housing
Projects
See (C) See (C) See (C)
Minimum Ground
Floor Height (ft.) 11′ 11′ NA
Minimum Upper-Story Stepbacks (ft.)—Required Above the Ground Floor Street-Facing
Façades 5′ average 5′ average NA
Daylight Plane
Adjacent to
Residential District—
Interior Side and
Rear
See (D) See (D) See (D)
77 8.A.b
Packet Pg. 195 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) TABLE 9.13.030.2: DEVELOPMENT STANDARDS FOR PROJECTS THAT MEET THE DEFINITION OF HOUSING PROJECT — EMPLOYMENT DISTRICTS
Standard IC OC HMU Additional Regulations
Standards for Multiple-Unit Dwellings
Minimum Outdoor
Living Area (sq.
ft./unit)—Sites with 3
or More Units
100 100 100 Section 9.21.090, Outdoor Living
Area
Minimum Amount
Provided as
Private Outdoor
Living Area (sq.
ft./unit)
60 60 60 Section 9.21.090, Outdoor Living
Area
Additional Standards
Accessory Dwelling
Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Accessory Food
Service Section 9.31.030, Accessory Food Service
Accessory Structures Section 9.21.020, Accessory Buildings and Structures Affordable Housing
Production Program Chapter 9.64, Affordable Housing Production Program Density Bonus Chapter 9.22, Density Bonus
Exceptions to Height
Limits Section 9.21.060, Height Exceptions
Fences and Walls Section 9.21.050, Fences, Walls, and Hedges Home Occupation Section 9.31.160, Home Occupation
Junior Accessory
Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Landscaping Subsection 9.13.030(D), Chapter 9.26, Landscaping Lighting Section 9.21.080, Lighting
Multiple-Unit
Dwelling Projects Section 9.31.195, Multiple-Unit Dwelling Projects Multiple-Unit
Dwelling Projects
Located on
Community
Assembly Surface
Parking Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots
Off-Street Parking
and Loading Chapter 9.28, Parking, Loading, and Circulation Parking Structures
and Areas Chapter 9.28, Parking, Loading, and Circulation Projections into
Required Setbacks Section 9.21.110, Projections into Required Setbacks Refuse and Recycling
Screening and
Enclosure
Section 9.21.130, Resource Recovery and Recycling Standards Signs Chapter 9.61, Signs
Screening Section 9.21.140, Screening
Solar Energy Systems Section 9.21.150, Solar Energy Systems A. Maximum Heights. The following projects may have a maximum height of 4 stories, 45 feet:
78 8.A.b
Packet Pg. 196 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins))
1. Projects involving the expansion of public or private elementary and secondary schools (Grades K through 12) existing prior to September 8, 1988.
2. Entertainment-related facilities including sound stages, movie studios, editing facilities, postproduction facilities, set construction facilities and special effects facilities.
3. Theaters.
B. Use of Setbacks Adjacent to Residential Districts. The required setback area adjacent to a Residential District shall not be used for parking or loading facilities, storage, or other commercial or industrial purposes. A portion of the setback area, not to exceed 10 feet in width, may be used for access to parking or loading areas no closer than 5 feet to the respective parcel line.
C. Pedestrian-Oriented Design for Housing Projects.
1. No more than 20 feet or 40% of a building’s ground floor façade, whichever is less, may be continuous blank or featureless linear street-level frontage.
2. New development shall incorporate the following design elements at the ground floor level:
a. Street-Facing Facades
i. Articulated façades at the ground floor street frontage, which may include, but not necessarily require, such measures as indentation in plane, 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 off-site glare.
b. Ground-Floor Street Frontages Along Commercial Boulevards. The finished ground floor level along the Commercial Boulevard shall not exceed 18 inches lower or higher than the finished grade of the adjacent sidewalk.
c. Sloped Ground-Floor Street Frontages Along Commercial Boulevards. On parcels with a grade change of 10% or more along the length of the parcel line adjacent to the Commercial Boulevard, the finished ground floor level along the Commercial Boulevard shall not exceed 18 inches lower or 3 feet higher than the finished grade of the adjacent sidewalk.
3. Residential uses at the ground floor street frontage shall incorporate planted areas, porches, front stairs and/or other elements that contribute to a pedestrian 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, arcades, colonnades, plazas, noncommercial community bulletin boards, public or private art, and alternative paving materials in areas of pedestrian access.
4. When provided, storefront security grates or grilles shall be located inside exterior windows, shall be retractable into pockets or overhead cylinders, and shall be completely concealed when retracted.
79 8.A.b
Packet Pg. 197 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins))
5. Alternatives to the requirements of this Section 9.13.030(C) may be approved if the Review Authority finds that the proposed use has unique operational characteristics with which providing the required windows and openings is incompatible, and street-facing building walls will exhibit architectural relief and detail and be enhanced with landscaping in such a way as to create visual interest at the pedestrian level.
DC. Daylight Plane Adjacent to Residential Districts. Buildings shall not extend above a plane starting at 25 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. The 2530-foot height measurement shall be taken from the same reference grade as determined for the subject site pursuant to Section 9.04.050.
FIGURE 9.13.030.DC: DAYLIGHT PLANE ADJACENT TO RESIDENTIAL DISTRICTS—
EMPLOYMENT DISTRICTS
ED.Planting Areas. The following areas shall be landscaped.
1. Setback Areas Adjoining Streets. All visible portions of a required setback area adjoining a street that are not used for driveways or walks shall be consist of planting area, or landscape., or pedestrian amenities such as entry courtyards, plazas, entries, outdoor eating and display areas, or other uncovered areas designed and accessible for public use. 80 8.A.b
Packet Pg. 198 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins))
2. Adjoining Residential or Mixed-Use Districts. A continuous planting area with a minimum width of 5 feet shall be provided along interior parcel lines when an Employment Ddistrict adjoins a Residential or Mixed-Use District and is not separated by a public or private thoroughfare. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord.
No. 2520CCS § 8, adopted June 14, 2016; Ord. No. 2576CCS § 4, adopted June 12, 2018; Ord.
No. 2649CCS § 17, adopted September 8, 2020)
81 8.A.b
Packet Pg. 199 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) Chapter 9.14
OCEANFRONT DISTRICT
Sections:
9.14.010 Purpose
9.14.020 Land Use Regulations
9.14.030 Development Standards
9.14.010 Purpose
The purposes of the “Oceanfront” District are to:
A. Maintain and enhance the beach area as an important visitor-serving destination with lodging, restaurants, shopping, and recreation that support it as a regional, national, and international tourist destination.
B. Preserve the unique scale, character, and uses along the Ocean Front Walk and on the Santa Monica Pier.
C. Protect the existing residential mix in the area while providing for coastal-related, lodging, dining, recreation, and shopping needs of tourists and others in the oceanfront area. Conditionally permit other uses such as office, new residential, and cultural uses.
D. Avoid the deleterious effects of uncontrolled growth and preserve the unique and diverse character of the Santa Monica oceanfront by limiting the proliferation of excessive hotel, motel, and large restaurant development in the oceanfront area. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
9.14.020 Land Use Regulations
Table 9.14.020 prescribes the land use regulations for the Oceanfront District. The regulations for each district are established by letter designations listed below. These designations apply strictly to the permissibility of land uses; applications for buildings or structures may require discretionary review. “P” designates permitted uses.
“L(#)” designates limited uses, which are permitted by right, provided they comply with specific limitations listed at the end of the table.
“CUP” designates use classifications that are permitted after review and approval of a Conditional Use Permit.
“MUP” designates use classifications that are permitted after review and approval of a Minor Use Permit. “–” designates uses that are not permitted.
Land uses are defined in Chapter 9.51, Use Classifications. Use classifications and sub-classifications not listed in the table are prohibited. Accessory uses are permissible when they are determined by the Zoning Administrator to be necessary and customarily associated with and appropriate, incidental, and subordinate to, the principal uses and which are consistent and not more disturbing or disruptive than permitted uses.
The table also notes additional use regulations that apply to various uses. Section numbers in the right-hand column refer to other Sections of this Ordinance.
TABLE 9.14.020: LAND USE REGULATIONS—OCEANFRONT DISTRICT Use Classification OF Additional Regulations
Residential Uses
Residential Housing Types See sub-classifications below.
Single Unit Dwelling P
82 8.A.b
Packet Pg. 200 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) TABLE 9.14.020: LAND USE REGULATIONS—OCEANFRONT DISTRICT Use Classification OF Additional Regulations
Accessory Dwelling Unit P
Section 9.31.025, Accessory Dwelling
Units and Junior Accessory Dwelling Units
Junior Accessory Dwelling Unit P
Section 9.31.025, Accessory Dwelling
Units and Junior Accessory Dwelling Units
Duplex P
Multiple-Unit Dwelling P
Section 9.31.195, Multiple-Unit Dwelling
Projects
Senior Citizen Multiple-Unit
Residential P
Section 9.31.195, Multiple-Unit Dwelling
Projects
Single-Room Occupancy Housing P
Section 9.31.330, Single Room Occupancy
UsesStructures
Group Residential MUP
Congregate Housing P
Section 9.31.110, Congregate and
Transitional Housing
Senior Group Residential P Section 9.31.310, Senior Group Residential Elderly and Long-Term Care P
Emergency Shelters CUP Section 9.31.130, Emergency Shelters Family Day Care See sub-classifications below.
Large P Section 9.31.140, Family Day Care, Large
Small P
Residential Facilities See sub-classifications below.
Residential Care, General P
Section 9.31.270, Residential Care
Facilities
Residential Care, Limited P
Section 9.31.270, Residential Care
Facilities
Residential Care, Senior P
Section 9.31.270, Residential Care
Facilities
Supportive Housing P
Transitional Housing P
Section 9.31.110, Congregate and
Transitional Housing
Public and Semi-Public Uses
Adult Day Care CUP
Child Care and Early Education Facilities CUP Section 9.31.120, Child Care and Early Education Facilities
Cultural Facilities CUP
Park and Recreations Facilities, Public P
Schools P
Commercial Uses
Automobile/Vehicle Sales and Service See sub-classifications below.
Automobile Rental MUP Section 9.31.050, Automobile Rental Commercial, Entertainment, and Recreation See sub-classifications below.
Theaters L(1)
Convention and Conference Centers P
Small-Scale Facility P
Section 9.31.340, Small-Scale Facility,
Game Arcades
Large-Scale Facility L(2)/CUP
Eating and Drinking Establishments See sub-classifications below. 83 8.A.b
Packet Pg. 201 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) TABLE 9.14.020: LAND USE REGULATIONS—OCEANFRONT DISTRICT Use Classification OF Additional Regulations
Bars/Nightclubs/Lounges L(3)/CUP Section 9.31.040, Alcoholic Beverage Sales
Restaurants, Full-Service including
Outdoor Dining and Seating P
Section 9.31.040, Alcoholic Beverage
Sales
Section 9.31.280, Restaurants, Limited
Service and Take-Out Only
Section 9.31.290, Restaurants With
Entertainment
Section 9.31.200, Outdoor Dining and
Seating
Chapter 9.20, Beach Overlay District
Restaurants, Limited Service and TakeOut Only including Outdoor Dining and Seating
P
Section 9.21.040, Alcoholic Beverage
Sales
Section 9.31.280, Restaurants, LimitedService and Take Out Only Section 9.31.290, Restaurants With
Entertainment
Section 9.31.200, Outdoor Dining and
Seating
Chapter 9.20, Beach Overlay District
Food and Beverage Sales See sub-classifications below.
Convenience Markets P
Section 9.31.040, Alcoholic Beverage
Sales
Farmers Markets MUP
General Markets L(4) Section 9.31.040, Alcoholic Beverage Sales
Liquor Stores CUP Section 9.31.040, Alcoholic Beverage
Sales
Lodging See sub-classifications below.
Bed and Breakfast CUP Within Designated Landmarks only.
Section 9.31.090, Bed and Breakfasts
Offices See sub-classifications below.
Business and Professional L(5)/CUP
Creative L(5)/CUP
Walk-In Clientele L(5)/CUP
Parking, Public or Private CUP
General Personal Services MUP
Retail Sales See sub-classifications below.
General Retail Sales, Small-Scale P
Section 9.31.220, Outdoor Retail Display
and Sales
Transportation, Communication, and Utilities Uses
City Bikeshare Facility P
Specific Limitations:
(1) Limited to theaters for live performances.
(2) Existing large-scale commercial, entertainment, and recreation facilities existing as of the date of this Ordinance are permitted. Any new large-scale commercial, entertainment, and recreation facilities require approval of a Conditional Use Permit. (3) Bars, nightclubs, and lounges are only permitted on the Pier, on Oceanfront Walk, and within hotels. (4) Limited to establishments with no more than 2,500 sq. ft. of floor area. (5) Office uses on the ground floor street frontage may not exceed 25% of the parcel width or 1,000 sq. ft, whichever is less. 84 8.A.b
Packet Pg. 202 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. 2536CCS § 20, adopted February 28, 2017; Ord. No. 2606CCS § 7, adopted April 9, 2019; Ord. No. 2649CCS § 18, adopted September 8, 2020)
9.14.030 Development Standards
Table 9.14.030 prescribes the development standards for the Oceanfront District. 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 Article, while individual letters in parentheses refer to subsections that directly follow the table.
TABLE 9.14.030: DEVELOPMENT STANDARDS—OCEANFRONT DISTRICT Standard OF Additional Regulations
Parcel and Intensity Standards
Minimum Parcel Size (sq. ft.) 5,000
Minimum Parcel Width (ft.) 50′
Minimum Parcel Depth (ft.) 100′
Maximum Allowable Density;
Parcels along the Pacific Coast
Highway between the Santa
Monica Pier and the north City
limits
Parcels 4,000 sq. ft. or more: 1 dwelling unit per /1,500 sq. ft. of parcel area
Parcels less than 4,000 sq. ft.: 1 dwelling unit per /parcel if existing, no new dwelling units
No more than 1 dwelling unit
shall be permitted on a parcel 40
ft. or less in width
Maximum FAR Section 9.04.080, Determining
FAR
Tier 1—Base Standard
1.5; 0.5 for parcels located along the Pacific Coast
Highway between the Santa Monica Pier and the north
City limits
Tier 2—With Provision of
Community Benefits 2.0 Chapter 9.23, Community Benefits 100% Affordable Housing
Projects 2.25
Limited to 50 or fewer units;
Chapter 9.64, Affordable
Housing Production Program
Santa Monica Pier Maximum FAR
The Deauville site to the
north, Seaside Terrace to the
south, The Ocean Front
Walk to the west, and Ocean
Avenue to the east, except
parcels fronting on Ocean
Avenue
1.0 Parcels fronting on Ocean
Avenue 0.5
Maximum Parcel Coverage (%) 70; 50 on parcels along the Pacific Coast Highway between the Santa Monica Pier and the north City limits Building Form and Location
Maximum Building Height
(stories/ft.)
One story for newly constructed stand-alone restaurants except for the Santa Monica Pier
Section 9.04.050 Measuring
Height
Tier 1—Base Standard
2/32′;
2/23′ (flat roof) or 2/30′ (pitched roof) for parcels
located along the Pacific Coast Highway between the
Santa Monica Pier and the north City limits
Tier 1—Projects Including
On-Site Affordable Housing
in Compliance with AHPP
3/36′
Chapter 9.64, Affordable
Housing Production Program
85 8.A.b
Packet Pg. 203 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) TABLE 9.14.030: DEVELOPMENT STANDARDS—OCEANFRONT DISTRICT Standard OF Additional Regulations
100% Affordable Housing
Projects No limit to number of stories/47′
Limited to 50 or fewer units;
Chapter 9.64, Affordable
Housing Production Program
Tier 2—With Provision of
Community Benefits 3/47′
Chapter 9.23, Community
Benefits
Tier 2—With Provision of
Community Benefits and
100% Residential Above the
Ground Floor
No limit to stories/47′
Chapter 9.23, Community
Benefits
Santa Monica Pier Maximum Building Height (stories/ft.) Section 9.04.050, Measuring Height
The Deauville site to the
north, Seaside Terrace to the
south, The Promenade to the
west, and Ocean Avenue to
the east, including parcels
fronting on Ocean Avenue
2/30′
Amusement Rides on the
Santa Monica Pier
85 ft. for one Ferris wheel; 55 ft. for one roller coaster; 45 ft. for all other amusement rides
Street-Facing Façades (ft.)
Minimum Ground Floor
(Floor-to-Floor) Height for
Nonresidential Uses
11′
Maximum Ground Floor
(Floor-to-Floor) Height for
Nonresidential Uses
16′
Active Commercial Design See (A)
Pedestrian Oriented Design See (AB)
Exterior Lighting See (CD)
Minimum Setbacks (ft., measured from parcel line)
Street Frontage
5 ft. from street fronting parcel line except for 20 ft. on Pacific Coast Highway between northern City limits and
Santa Monica Pier. See (BC)
Rear
15 ft. if adjacent to a residential use; 25 ft. for beach rear setback on parcels over 100 ft. in depth located
along the Pacific Coast Highway between the Santa
Monica Pier and the north City limits
Side
If adjacent to a residential use, see (DE); for parcels located along the Pacific Coast Highway between the
Santa Monica Pier and the north City limits, see (DE)
Minimum Upper-Story Stepbacks (ft.)—Required Above Maximum Ground Floor Height Street-Facing Façades
At least 30% of the building elevation above the
maximum ground floor height shall provide an
additional 5-foot average setback from the minimum
required front yard setback
Daylight Plane Adjacent to
Residential Use—Interior Side
and Rear Setbacks
See (EF)
Section 9.21.070, Height
Exceptions
View Corridors See (FG)
Standards for Residential Uses
86 8.A.b
Packet Pg. 204 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) TABLE 9.14.030: DEVELOPMENT STANDARDS—OCEANFRONT DISTRICT Standard OF Additional Regulations
Minimum Outdoor Living Area
(sq. ft./unit)—Sites with 3 or
More Units
100 Section 9.21.090, Outdoor Living
Area
Minimum Amount Provided
as Private Outdoor Living
Area (sq. ft./unit)
60 Additional Standards
Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Accessory Food Service Section 9.31.030, Accessory Food Service Accessory Structures Section 9.21.020, Accessory Buildings and Structures Affordable Housing Production
Program Chapter 9.64, Affordable Housing Production Program Density Bonus Chapter 9.22, Density Bonus
Exceptions to Height Limits Section 9.21.060, Height Exceptions Fences and Walls Section 9.21.050, Fences, Walls, and Hedges Home Occupation Section 9.31.160, Home Occupation
Junior Accessory Dwelling Units Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Landscaping Subsection 9.14.030(H), Landscaping; Chapter 9.26, Landscaping Lighting Section 9.21.080, Lighting
Multiple-Unit Dwelling Projects Section 9.31.195, Multiple-Unit Dwelling Projects Multiple-Unit Dwelling Projects
Located on Community
Assembly Surface Parking Lots
Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots
Off-Street Parking and Loading Chapter 9.28, Parking, Loading, and Circulation Projections into Required
Setbacks Section 9.21.110, Projections into Required Setbacks Refuse and Recycling Screening
and Enclosure Section 9.21.130, Resource Recovery and Recycling Standards Signs Chapter 9.61, Signs
Screening Section 9.21.140, Screening
Solar Energy Systems Section 9.21.150, Solar Energy Systems Trash Screening and Enclosure Section 9.21.130, Resource Recovery and Recycling Standards A. Active Commercial Design. The ground-floor street frontage of buildings on commercial boulevards intended to accommodate commercial uses and activities shall be subject to the following:
1. A minimum average depth of 40 feet, in no case less than 25 feet, for a minimum of 60% of the ground-floor frontage.
2. Minimum Floor-to-Floor Heights.
a. A minimum floor-to-floor height of 11 feet.
(i) Ground-Floor Street Frontages Along Commercial Boulevards. The finished ground floor level along the commercial boulevard shall not exceed 18 inches lower or higher than the finished grade of the adjacent sidewalk.
87 8.A.b
Packet Pg. 205 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) (ii) Sloped Ground-Floor Street Frontages Along Commercial Boulevards. On parcels with a grade change of 10% or more along the length of the parcel line adjacent to the commercial boulevard, the finished ground floor level along the commercial boulevard shall not exceed 18 inches lower or 3 feet higher than the finished grade of the adjacent sidewalk.
b. Loft spaces built within this area shall not exceed 30% of the total floor area of the space consistent with the definition of mezzanine.
3. A minimum of 70% of the façade facing a commercial street shall be transparent and include windows, doors, and other openings between 2.5 and 8 feet above finished grade. Openings fulfilling this requirement shall have transparent glazing or openings that provide views into work areas, display areas, sales areas, lobbies, or similar active spaces, or into window displaying merchandise or other items other than signs that are at least 3 feet 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, Energy Code.
4. A minimum of one pedestrian entrance facing the street.
AB. Pedestrian-Oriented Design. New development shall incorporate the following design elements into the street-facing façades at the ground floor level:
1. Articulated façades at the ground floor street frontage, which may include, but not necessarily require, such measures as indentation in plane, 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.
2. Ground-Floor Street Frontages. The finished ground floor level shall not exceed 18 inches lower or higher than the finished grade of the adjacent sidewalk.
3. Sloped Ground-Floor Street Frontages. On parcels with a grade change of 10% or more along the length of the parcel line adjacent to a street frontage, the finished ground floor level shall not exceed 18 inches lower or 3 feet higher than the finished grade of the adjacent sidewalk.
42. Alternatives to the requirements of this Section 9.14.030(A) may be approved if the Review Authority finds that the proposed use has unique operational characteristics with which providing the required windows and openings is incompatible, and street-facing building walls will exhibit architectural relief and detail and be enhanced with landscaping in such a way as to create visual interest at the pedestrian level.
BC.Build-To Line, Nonresidential Uses. Except on Pacific Coast Highway between northern City limits and Santa Monica Pier, buildings with nonresidential uses on the ground floor shall be constructed no farther than 10 feet from the street facing parcel line(s) for 70% of linear street frontage. This requirement may be waived or modified subject to a discretionary approval upon finding that:
1. Entry courtyards, plazas, 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, or dining area; and
2. The building incorporates an alternative entrance design that creates a welcoming entry feature facing the street.
88 8.A.b
Packet Pg. 206 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) CD. Exterior Lighting. Exterior lighting should provide for a secure nighttime pedestrian environment by reinforcing entrances, public sidewalks and open areas with a safe level of illumination which avoids off-site glare.
DE.Side Setback. The side setback shall be determined in accordance with the following formula, except for parcels of less than 50 feet in width for which the side setback shall be 10% of the parcel width but not less than 4 feet:
5′ + (stories x parcel width)
50′
For parcels located along the Pacific Coast Highway between the Santa Monica Pier and the north City limits, at least 25% of the side elevation above 14 feet in height shall provide an additional 4- foot average setback from the minimum side setback.
EF. Daylight Plane Adjacent to Residential Uses. Buildings shall not extend above a plane starting at 25 30 feet in height directly above the parcel line abutting any residentially-zoned parcel in residential use, 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. The 2530-foot height measurement shall be taken from the same reference grade as determined for the subject site pursuant to Section 9.04.050.
FIGURE 9.14.030.F: DAYLIGHT PLANE ADJACENT TO RESIDENTIAL USES—
OCEANFRONT DISTRICTS
89 8.A.b
Packet Pg. 207 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) FG.View Corridors. For parcels located along the Pacific Coast Highway between the Santa Monica Pier and the north City limits, any structure with 70 feet or more of frontage parallel to the Pacific Coast Highway shall provide an unobstructed view corridor between Pacific Coast Highway and the ocean. The view corridor shall be a minimum of 20 continuous feet in width measured from the parcel line abutting and parallel to Pacific Coast Highway and shall remain unobstructed by any structure or portion thereof.
GH. Landscaping. The following landscaping requirements apply.
1. Setback Areas Adjoining Streets. All visible portions of a required setback area adjoining a street that are not used for driveways or walks shall consist of planting areas, landscape, or pedestrian amenities.
2. Interior Setback Areas. At least 50% of each required interior side setback area and rear setback area shall be planting area having a minimum width of 7.5 feet adjoining a side or rear parcel line. The width of a required planting area may be reduced to 3 feet in one side or rear setback area adjoining a driveway, and a nonresidential accessory structure may occupy a portion of the planting area in a rear setback area. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2524CCS § 4, adopted July 28, 2016; Ord. No. 2576CCS § 5, adopted June 12, 2018; Ord. No. 2649CCS § 19, adopted September 8, 2020) 90 8.A.b
Packet Pg. 208 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) 91 8.A.b
Packet Pg. 209 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) Chapter 9.15
PUBLIC AND SEMI-PUBLIC DISTRICTS
Sections:
9.15.010 Purpose
9.15.020 Land Use Regulations
9.15.030 Development Standards
9.15.010 Purpose
The purposes of the “Public and Semi-Public” Districts are to:
A. Provide areas for a wide range of public facilities, including parks and open space, educational facilities, municipal offices, the Civic Center, museums or performance spaces, City yards, and other public or quasi-public facilities.
B. Ensure that the development and operation of public and semi-public uses protects and enhances the character and quality of life of surrounding residential areas.
C. Retain the beach as Santa Monica’s character-defining open space, preserving the area as a scenic resource that serves as a local gathering place, and enhances the beach-going experience with limited visitor-serving uses.
D. Ensure the provision of services and facilities needed to serve residents, businesses, and visitors and maintain a high quality of life standard.
The specific designations and the additional purposes of the Public and Semi-Public Districts are:
CC Civic Center. This Zoning District is intended to be the cultural and institutional core of Santa Monica, with a mix of high intensity government and cultural uses with significant gathering spaces and parks combined with civic buildings and connections to the beach and Downtown areas. Commercial, retail, office, affordable, workforce and market-rate housing, and community facilities such as early childhood centers are also allowed in this mixed-use District. This District is consistent with the LUCE’s Institutional/Public Lands land use designation.
PL Institutional/Public Lands. This Zoning District is for public or semi-public facilities, including municipal offices, schools, libraries, museums, or performance spaces, cemeteries, corporation yards, utility stations, and similar uses. This District is consistent with the LUCE’s Institutional/Public Lands land use designation.
OS Parks and Open Space. This Zoning District is intended to preserve, enhance, and expand Santa Monica’s existing open space, parks, beaches, and recreational areas, providing residents with easy access to a relaxing, visually appealing amenity that provides opportunities for healthy recreation. This District is applied to areas that will remain as parks or green open space, or be developed as such. Other allowed uses in this designation include supporting structures such as recreation centers, gymnasiums, community meeting facilities and small-scale retail uses that support outdoor recreation, such as restaurants, refreshment stands, or sporting equipment and rental vendors. This District is consistent with the LUCE’s Parks and Open Space land use designation. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
9.15.020 Land Use Regulations
Table 9.15.020 prescribes the land use regulations for Public and Semi-Public Districts. The regulations for each district are established by letter designations listed below. These designations apply strictly to the permissibility of land uses; applications for buildings or structures may require discretionary review. “P” designates permitted uses.
92 8.A.b
Packet Pg. 210 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) “L(#)” designates limited uses, which are permitted by right, provided they comply with specific limitations listed at the end of the table.
“CUP” designates use classifications that are permitted after review and approval of a Conditional Use Permit.
“MUP” designates use classifications that are permitted after review and approval of a Minor Use Permit. “–” designates uses that are not permitted.
Land uses are defined in Chapter 9.51, Use Classifications. Use classifications and sub-classifications not listed in the table are prohibited. Accessory uses are permissible when they are determined by the Zoning Administrator to be necessary and customarily associated with and appropriate, incidental, and subordinate to, the principal uses and which are consistent and not more disturbing or disruptive than permitted uses.
The table also notes additional use regulations that apply to various uses. Section numbers in the right-hand column refer to other Sections of this Ordinance.
TABLE 9.15.020: LAND USE REGULATIONS—PUBLIC AND SEMI-PUBLIC DISTRICTS Use Classification CC PL OS Additional Regulations
Residential Uses
Residential Housing Types See sub-classifications below.
Multiple-Unit Dwelling L (1) - -
Accessory Dwelling Unit P - -
Section 9.31.025, Accessory Dwelling Unit
and Junior Accessory Dwelling Units
Multiple-Unit Dwelling P - -
Section 9.31.195, Multiple-Unit Dwelling
Projects
Senior Citizen Multiple-Unit
Residential L (1)P - -
Section 9.31.195, Multiple-Unit Dwelling
Projects
Single Room Occupancy Housing L (1) - -
Section 9.31.330, Single Room Occupancy
Structures
Group Residential L (1) - -
Congregate Housing L (1) - -
Section 9.31.110, Congregate and
Transitional Housing
Senior Group Residential L (1) - - Section 9.31.310, Senior Group Residential Emergency Shelters - P - Section 9.31.130, Emergency Shelters Family Day Care See sub-classifications below.
Large P P P Section 9.31.140, Family Day Care, Large
Small P P P
Residential Care Facilities See sub-classifications below.
Residential Care, General L (1) - - Section 9.31.270, Residential Care Facilities Residential Care, Limited L (1) - - Section 9.31.270, Residential Care Facilities Residential Care, Senior L (1) - - Section 9.31.270, Residential Care Facilities Hospice, General - - -
Hospice, Limited - - -
Supportive Housing L (1) - -
Transitional Housing L (1) - -
Section 9.31.110, Congregate and
Transitional Housing
Public and Semi-Public Uses
Adult Day Care P P P
Cemetery - P -
93 8.A.b
Packet Pg. 211 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) TABLE 9.15.020: LAND USE REGULATIONS—PUBLIC AND SEMI-PUBLIC DISTRICTS Use Classification CC PL OS Additional Regulations
Child Care and Early Education
Facilities P P P
Section 9.31.120, Child Care and Early
Education Facilities
Colleges and Trade Schools, Public or
Private L (3) P -
Community Assembly P P L (3)
Community Gardens - P P
Cultural Facilities P P P
Park and Recreations Facilities, Public P P P
Public Safety Facilities P P -
Schools, Public or Private L (3) P -
Social Service Centers P P -
Commercial Uses
Banks and Financial Institutions L (1) - -
Business Services L (1) - -
Commercial, Entertainment, and
Recreation See sub-classifications below.
Cinemas/Theaters - - MUP (3)
Convention and Conference
Centers P - -
Large-Scale Facility - - -
Small-Scale Facility - - -
Section 9.31.340, Small-Scale Facility,
Game Arcades
Eating and Drinking Establishments See sub-classifications below.
Restaurants, Full-Service L (1) L (2) L (2) Section 9.31.040, Alcoholic Beverage Sales Restaurants, Limited Service L (1) L (2) L (2) Section 9.31.040, Alcoholic Beverage Sales Restaurants, Take-Out Only L (1) L (2) - Section 9.31.040, Alcoholic Beverage Sales With Outdoor Eating Areas L (1) L (2) L (2) Section 9.31.200, Outdoor Dining and Seating
Food and Beverage Sales See sub-classifications below.
Convenience Markets L (1) - - Section 9.31.040, Alcoholic Beverage Sales Farmers Markets - P CUP
General Markets L (1) - - Section 9.31.040, Alcoholic Beverage Sales Live-Work L (1) - - Section 9.31.170, Live-Work Units
Lodging See sub-classifications below.
Hotels and Motels CUP - -
Offices See sub-classifications below.
Business and Professional L (4)/CUP L (3) -
Creative L (4)/CUP - -
Walk-In Clientele L (4)/CUP - -
Parking, Public or Private L (3) P L (5)
General Personal Services L (1) - -
Retail Sales See sub-classifications below.
General Retail Sales, Small-Scale L (1) - -
Section 9.31.220, Outdoor Retail Display
and Sales
Swap Meet MUP MUP MUP Section 9.31.360, Swap Meets
Transportation, Communication, and Utilities Uses
94 8.A.b
Packet Pg. 212 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) TABLE 9.15.020: LAND USE REGULATIONS—PUBLIC AND SEMI-PUBLIC DISTRICTS Use Classification CC PL OS Additional Regulations
Citywide Bikeshare Facility P P P
Communication Facilities See sub-classifications below.
Antennas and Transmission
Towers CUP CUP -
Equipment Within Buildings - P -
Utilities, Major - P -
Utilities, Minor - P -
Specific Limitations:
(1) Permitted as part of a mixed-use development. Residential uses not permitted on ground floor. (2) Permitted only as an accessory to a primary use. Must be located within the same building as a primary use. (3) Limited to public, quasi-public, or nonprofit establishments. (4) Public, quasi-public, and nonprofit offices are permitted. Conditional Use Permit required for private offices. (5) Limited to public parking for beach or park users.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2520CCS § 13, adopted June 14, 2016; Ord. No. 2649CCS § 20, adopted September 8, 2020)
95 8.A.b
Packet Pg. 213 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) Chapter 9.18
ACTIVITY CENTER AND NEIGHBORHOOD CONSERVATION
OVERLAY DISTRICTS*
Activity Center Overlay District
* To be established by City Council through preparation of Area Plans for the Activity Center areas and Development Agreements for each defined project. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
Neighborhood Conservation Overlay District
Chapter 9.19
NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT*
* To be amended as the City Council establishes Neighborhood Conservation Overlay Districts in accordance with Chapter 9.47. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015) 96 8.A.b
Packet Pg. 214 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) Chapter 9.19
NEIGHBORHOOD CONSERVATIONMODERATE INCOME HOUSING OVERLAY DISTRICT*
TABLE OF CONTENTS* To be amended as the City Council establishes Neighborhood Conservation Overlay Districts in accordance with Chapter 9.47. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
9.19.010 Purpose and Intent
The purpose of this Section is to promote the public health, safety, and welfare by supporting the development of housing that is affordable to households earning between 80% and 120% of area median income. The intent of this Section is to accommodate moderate income housing (MHO) projects through increases in density, height, and relaxation of certain other zoning limitations for residential developments in which all units are made affordable to households earning between 80% and 120% of area median income; to incentivize the reuse of existing buildings in order to create MHO Projects; to enable the feasibility of MHO projects by allowing flexibility in unit mix and unit size in exchange for greater common area living space; to enable MHO Projects to be permitted by right; and to apply such standards within the MHO area, to support the Housing Element’s goals of supporting economic sustainability by creating housing that accommodates an additional segment of the workforce, and achieve greater socioeconomic diversity.
9.19.020 Definitions
A. Moderate Income Housing Overlay (MHO) means an overlay zoning district that sets forth modified development standards within this chapter for residential developments Citywide, except for parcels within the Single-Unit Residential (R1) zoning district, and in which all units are made affordable to households earning between 80% and 120% of area median income.
B. Moderate Income Housing Overlay (MHO) Dwelling Unit means a dwelling unit, as defined by Section 9.52.020.0730, except that for purposes of this Chapter a dwelling unit shall be a minimum of 250 square feet in size, if the dwelling unit is located within a MHO Project for which occupancy is restricted to a MHO Eligible Household.
C. Moderate Income Housing Overlay (MHO) Eligible Household means a household whose gross income exceeds the maximum income for an 80% income household and whose gross income does not exceed 120% of the area median income, adjusted for household size, as published and periodically updated by California Department of Housing and Community Development.
D. Moderate Income Housing Overlay (HMO) Project means a multiple-unit dwelling project consisting of MHO Dwelling Units subject to the standards and restrictions set forth in this chapter.
A MHO Project may contain up to: (1) 33% of the project’s total floor area as market rate dwelling units and/or non-residential uses that are otherwise permitted in the base zoning district; and (2) no more than 25% of the total number of units as market rate units.
9.19.030 Applicability
A. The provisions set forth in this Section shall apply to MHO Projects within the MHO.
B. A MHO Project shall be permitted by-right if it meets all standards set forth in this chapter in place of the requirements otherwise applicable in the underlying zoning district. Any development not meeting all of the standards set forth in this chapter shall be subject to the requirements otherwise 97 8.A.b
Packet Pg. 215 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) applicable in the underlying zoning district.
C. A MHO Project pursuant to this section shall not include any alteration or demolition of any of the following types of housing:
1. Deed restricted affordable housing;
2. 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;
3. Housing occupied by a tenant in the last three years; or
4. Housing on parcels with an Ellis Act eviction in the last 15 years from date of application submittal.
9.19.040 Standards for Eligibility and Rent
MHO dwelling units shall be exempt from Chapter 9.64, Affordable Housing Production Program, except for the following sections:
A. Section 9.64.110, Income Eligibility Requirements
B. Section 9.64.130, Deed Restrictions
9.19.050 Special Development Standards for MHO Projects MHO Projects shall conform to the development standards of the underlying zoning district except as modified by this Section.
A. Building Height. Projects shall receive a height increase of up to 33 feet above maximum building height for the underlying zone district.
B. Residential Density Bonus. Projects shall be allowed to request up to a 50% density bonus.
C. Eligibility for Concessions/Incentives. Projects shall be eligible to request up to four incentives and concessions pursuant to procedures set forth in Sections 9.22.060 and 9.22.080.
D. Eligibility for Waiver or Reduction of Development Standards. Projects shall be eligible to request a waiver or reduction of development standards pursuant to procedures set forth in Section
9.22.070 and 9.22.080.
E. Open Space.
1. Projects shall provide an increase to minimum required outdoor living area in a percentage equivalent to the density bonus requested pursuant to this Section.
2. Projects may substitute common outdoor living area in lieu of minimum required private outdoor living area in an equivalent amount.
F. Minimum Off-Street Parking. MHO Projects shall not have minimum off-street parking requirements.
G. Transportation Demand Management. In addition to those required by Chapter 9.53, Transportation Demand Management, a MHO Project shall include the following Transportation Demand Management measures:
1. 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).
2. Free on-site shared bicycles intended for resident and guest use. This shall be optional if Citywide bikeshare is available within a 2-block radius of the project site. 98 8.A.b
Packet Pg. 216 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) H. Air Quality Assessment Zone. MHO 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. 99 8.A.b
Packet Pg. 217 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) Chapter 9.21
GENERAL SITE REGULATIONS
Sections:
9.21.010 Purpose and Applicability
9.21.020 Accessory Buildings and Structures
9.21.030 Development on Multiple Parcels
9.21.040 Development on Parcels Divided by District Boundaries
9.21.050 Fences, Walls, and Hedges
9.21.060 Height Projections
9.21.070 Freestanding Structures
9.21.080 Lighting
9.21.090 Outdoor Living Area
9.21.100 Outdoor Storage
9.21.110 Projections from Buildings into Minimum Setbacks
9.21.120 Reflective Materials
9.21.130 Resource Recovery and Recycling Standards
9.21.140 Screening
9.21.150 Solar Energy Systems
9.21.160 Swimming Pools and Spas
9.21.170 Building Additions Extending into Minimum Side Setbacks
9.21.180 Hazardous Visual Obstructions
9.21.190 Unexcavated Yard Areas
9.21.200 Residential Uses on Commercial Parcels Adjacent to Residential Districts
9.21.020 Accessory Buildings and Structures
Accessory structures shall conform to the same property development standards as main principal buildings except as required by this Section. Accessory buildings in Residential Districts shall include, but not be limited to, greenhouse and garden structures, storage sheds, workshops, garages, and other buildings that are detached from the principal building. Accessory structures in Residential Districts shall include, but not be limited to, unenclosed carports, gazebos, cabanas, or other similar structures; air conditioners, compressors, electric vehicle charging equipment, pool and spa filters, or other mechanical equipment; barbecues; sinks and counters; fountains; freestanding fireplaces; firepits; above ground swimming pools and spas; and other structures with a fixed location that are detached from the principal building. Accessory structures greater than 14 feet in height are not permitted. Accessory structures shall be erected, structurally altered, converted, enlarged, moved, and maintained, in compliance with the following regulations:
A. Relation to Principal Buildings. An accessory building may only be constructed on a parcel with a legally-permitted principal building. Except as may be provided under Santa Monica Municipal Code
6.20, Home-Sharing and Vacation Rentals, or for accessory dwelling units established in compliance with Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units, of this Code, an accessory building shall be considered part of the principal building if the accessory building is located less than 6 feet from the principal building or if connected to it by fully enclosed space.
B. Dwelling Units in Accessory Buildings. An accessory building on a parcel occupied or proposed to be occupied by a single-unit or multiple-unit detached dwelling may only be used as a separate dwelling unit in compliance with the requirements of Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units.
100
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Packet Pg. 218 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) C. Accessory Buildings and Structures up to 14 Feet in Residential Districts. Accessory buildings and structures not more than 14 feet or one story in height shall conform to the following standards:
1. Location.
a. Accessory buildings shall be located on the rear half of the parcel and shall not extend into the minimum side yard setback except as authorized pursuant to subsections (b) and (c) below. b. Accessory buildings no more than 14 feet in height may be located in the rear setback but shall be located at least 5 feet from the rear parcel line. A garage or garage portion of such an accessory building may extend up to one interior side parcel line within the rear 35 feet of a parcel.
c. A garage or garage portion of an accessory building may extend to the rear parcel line abutting an alley, provided that vehicle access is not taken from the alley. Where vehicle access is taken from an alley, garages shall be set back at least 5 feet from the rear parcel line abutting said alley.
d. Accessory buildings may be located in the rear setback and shall be located at least 15 feet from the centerline of a rear alley.
e. Accessory structures shall not be located within any front or minimum side setback except as expressly authorized below:
i. Fountains, fire pits, and similar ornamental landscape features not to exceed 42 inches in height.
ii. Underground mechanical equipment.
iii. Electric vehicle charging equipment shall be permitted within any minimum side setback but shall not be permitted within any minimum front setback.
2. Dimensions.
a. On a reversed corner parcel, accessory buildings 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 5 feet to the side parcel line of any key parcel. b. Any accessory building on a through parcel shall not project into any front setback and shall not be located in any minimum side setback.
3. Sloped Parcels.
a. Where the elevation of the ground at a point 50 feet from the front parcel line of a parcel and midway between the side parcel lines differs 12 feet or more from the curb level, a private garage, not exceeding one story nor 11 feet in height for a flat roof and one story nor 14 feet in height for a pitched roof, may be located within the required front setback, provided that every portion of the garage building is at least 5 feet from the front parcel line and does not occupy more than 50% of the width of the front parcel line. b. In all OP Districts, a garage or garage entrance on a parcel with an existing grade differential of 10 feet or more between the midpoint of the front parcel line and the midpoint of the rear parcel line may be set back a distance equal to the average garage setback of adjacent garage(s), but not less than 5 feet, when the interior garage width does not exceed 20 feet and the height does not exceed 11 feet for a flat roof and 14 feet for a pitched roof. 101
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Packet Pg. 219 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins))
4. Facilities. Except for accessory dwelling units established in compliance with Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units, accessory buildings may not contain kitchens or full baths. An accessory building that is not an approved accessory dwelling unit may contain a sink and toilet, but may not contain a shower or tub enclosure. A shower that is outside and unenclosed is permitted.
D. Accessory Buildings over One Story or 14 Feet in Residential Districts. Accessory buildings that exceed 14 feet or one story in height shall conform to the following standards:
1. Maximum Floor Area. The total floor area of an accessory building that exceeds 14 feet or one story in height shall not exceed 650 square feet including any area approved for use as a garage. No accessory building shall have a second floor that exceeds 250 square feet in size. Accessory dwelling units are exempt from this requirement pursuant to Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units.
2. Maximum Building Height. The accessory building shall not exceed 2 stories or 24 feet in height.
3. Setbacks. The accessory building shall conform to all setback requirements of the Residential District and the following requirements:
a. A one-story garage or the garage portion of an accessory building may extend into the rear setback and may extend to one interior side property line on the rear 35 feet of a parcel. b. The accessory building shall have the same minimum side setback requirement as the principal building on the parcel, but in no case less than 5 feet. c. The second story portion of an accessory building that is directly above the garage may extend into the required rear setback but shall be no closer than 5 feet from the rear property line, and may not extend into any minimum side setback.
E4. Exterior Features. In the Single-Unit Residential (R1) District, first-story roof decks, landings, upper level walkways, and balconies on accessory buildings, not including accessory dwelling units, shall not exceed 35 square feet in area and must be set back at least 25 feet from the side property line closest to the structure, and at least 25 feet from the rear property line. Roof decks above the second story are prohibited.
F5. Design Compatibility. The architectural design of the accessory building shall be compatible with the design of the principal dwelling and surrounding residential development in terms of building form, materials, colors, and exterior finishes.
6. G. Kitchen. The accessory building shall not contain a kitchen unless specifically permitted as an accessory dwelling unit pursuant to Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units.
7H. Full Bath. The accessory building may contain a sink, and toilet, but shall not contain and a shower and/or tub enclosure. unless specifically permitted as an accessory dwelling unit pursuant to Section
9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units. A shower that is located outside and unenclosed may be permitted.
I. 8. Renting. Except as may be permitted under Santa Monica Municipal Code 6.20, Home-Sharing and Vacation Rentals, Nno accessory building shall be rented for any purpose or otherwise used as an accessory dwelling unit unless specifically pursuant to Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; 102
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Packet Pg. 220 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) amended by Ord. No. 2536CCS § 9, adopted February 28, 2017; Ord. No. 2624CCS § 4, adopted November 12, 2019; Ord. No. 2649CCS § 22, adopted September 8, 2020)
9.21.060 Height Projections
No structure shall project above the height limits established in this Article except as specified in this Section.
A. Building-Mounted and Attached Structures. Table 9.21.060 establishes the maximum permitted projection(s) above the height limit of a building and into the daylight plane for structures that are typically mounted or attached to a building. These projections are by right, with no discretionary permit required. Table 9.21.060 also establishes limitations in the horizontal coverage of permitted projections.
Some allowances apply in all Zoning Districts while others are limited to specified Zoning Districts. In the Single-Unit Residential (R1) District, allowed height projections into the minimum side stepback areas above 23 feet shall be permitted. None of these projections shall permit occupiable space above the height limit. The total aggregate coverage of projections shall not exceed 30% of a roof’s area. This limitation shall not apply to solar energy systems (see Section 9.21.150). 103
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Packet Pg. 221 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) TABLE 9.21.060: ALLOWED PROJECTIONS ABOVE HEIGHT LIMITS Structure
Maximum Aggregate Coverage
of Building’s Roof Area (%);
Other Locational Restrictions
Maximum Vertical Projection
(ft.) Above the Height Limit*
Projections Allowed in All Zoning Districts:
Skylights No limit 1 ft.
Skylights on flat roofs 30%; May not be located within
5 ft. of any edge of the roof 5 ft.
Chimneys, vent stacks 5% 5 ft.
Windscoops 5% 5 ft.
Solar energy systems located on a rooftop See Section 9.21.150 See Section 9.21.150 Antennas
One standard television receive-only
nonparabolic antenna and one vertical whip
antenna
10%; May not be located
between the building and any
street-facing parcel line
25 ft.
Other antennas See Chapter 9.32, Telecommunications Facilities Parapets, fire escapes, catwalks, and open guard rails
required by law As required by law As required by law
Projections Allowed in All Districts Except R1 and OP-1 Districts:
Non-occupiable features such as steeples, spires,
towers, domes, and cupolas 10% 10 ft.
Rooftop features for outdoor living areas, such as
sunshade, open railings, trellises, and landscaping 25% 10 ft.
Elevator shafts 15% 18 ft.* above the roofline
Stairwells 25% 14 ft.* above the roofline
Mechanical rooms and enclosures 25% 12 ft.* above the roofline Ventilating fans, water tanks, cooling towers, or
other equipment required to operate and maintain a
building, along with screening of such equipment
required by Section 9.21.140, Screening
Total area enclosed by all
screening may not exceed 30%
of roof area
12 ft.
(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2520CCS § 14, adopted June 14, 2016; Ord. No. 2576CCS § 6, adopted June 12, 2018; Ord. No. 2624CCS § 5, adopted November 12, 2019)
9.21.090 Outdoor Living Area
Required outdoor living areas to serve residential dwelling units shall be provided in accordance with this Section.
A. Required Area, Location. Outdoor living area shall be provided according to the required minimum area stated for the respective District in Division 2, Base and Overlay Districts. The required minimum private outdoor living space area per dwelling unit shall be located and designed to serve each unit. The remainder of required open space per unit shall be provided as either private open space accessible to the unit or common open space accessible to all or multiple units on the site. No more than 20 percent of the total area required for outdoor living space may be provided on a roof.
B. Facilities. Private outdoor living areas typically consist of balconies, decks, patios, fenced setbacks, and other similar areas outside the residence. Common outdoor living areas typically consist of landscaped areas, landscaped courts, walks, patios, swimming pools, barbeque areas, playgrounds, turf, gardens, or other such improvements as are appropriate to enhance the outdoor environment of the development.
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Packet Pg. 222 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) C. Minimum Dimensions.Standards and Requirements
1. Private Outdoor Living Area.
a. Private outdoor living area located on the ground level (e.g., yards, decks, patios, ) shall be no less than 10 feet long by 4 feet deep. Private outdoor living area located above ground level (e.g., balconies) shall be no less than 6 feet long by 4 feet deep. b. For non-residentially zoned parcels, ground floor private outdoor living areas adjacent to a street shall not be permitted to be enclosed with a fence, wall, or hedge greater than 5 feet in height. Any portion of fences, walls, and hedges above 42 inches in height shall be at least 50% visually transparent.
2. Common Outdoor Living Area.
a. Ground Floor or Podium Level. Common outdoor living area located on the ground or podium level shall provide one space that is be at least 400 square feet with minimum dimensions of no less than 20 feet in width and 15 feet in length.2015 by 20 feet in dimension.
b. Upper Story. Common outdoor living area located on an upper-story decks shall be no less than 10 feet in width and by 10 feet in length in dimension. Roof decks shall be no less than 15 by 15 feet in dimension.
c. Roof Decks. Common outdoor living area located on a roof shall be subject to the following limitations and requirements:
i. Parcels less than 15,000 square feet: No size limitation, but any provided open space shall be no less than 10 feet in width and 10 feet in depth. ii. Parcels greater than 15,000 square feet: No more than 50% of provided common open space can be located on a roof and shall be no less than 10 feet in width and 10 feet in depth.
iii. Permanent shading shall be provided for a minimum of 50% of outdoor living area.
D. Accessibility.
1. Private Outdoor Living Area. Private outdoor living area shall be accessible to only one living unit by a doorway or doorways to a habitable room or hallway of the unit.
2. Common Outdoor Living Area. Common outdoor living area shall be accessible to all the residents of the dwelling units on the parcel.
E. Usability. A surface shall be provided that allows convenient use for outdoor living and/or recreation for the use of residents. Such surface may be any practicable combination of lawn, garden, flagstone, wood planking, concrete, or other serviceable, dust-free surfacing. The slope shall not exceed 2 percent.
F. 100% Affordable Housing Projects. 100% Affordable Housing Projects in any district may substitute common outdoor living area in lieu of minimum required private outdoor living area in an equivalent amount. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015) 105
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Packet Pg. 223 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins))
9.21.110 Projections from Buildings into Minimum Setbacks Table 9.21.110 sets forth the requirements for permitted projections from buildings into minimum setbacks and the daylight plane. The types of projections and the limitations on such projections into minimum setbacks and the daylight plane are permitted subject to Chapter 4.12, Noise; Section 9.31.180, Hazardous Visual Obstructions; and compliance with the California Building Code as follows:.
Notwithstanding the standards below, the following shall apply:
• In the Single-Unit Residential (R1) District, only expressly authorized projections into the minimum side stepback areas above 23 feet shall be permitted. Projections shall not be permitted closer than 4 feet to any parcel line unless otherwise expressly authorized. • Projections as listed below into existing, nonconforming setback areas shall be permitted only if the projection does not extend closer to the parcel line than would be permitted if the setback area conformed to current standards.
• In the Single-Unit Residential (R1) District, only expressly authorized projections into the minimum side stepback areas above 23 feet shall be permitted.
The types of projections and the limitations on such projections into minimum setbacks are permitted subject to Chapter 4.12, Noise; Section 9.31.180, Hazardous Visual Obstructions; and compliance with the California Building Code as follows:
TABLE 9.21.110: ALLOWED PROJECTIONS FROM BUILDINGS INTO MINIMUM SETBACKS Projections
Front
Setback
Street Side
Setback
Interior Side
Setback
Rear
Setback
Eaves, awnings, canopies, sun shades, sills, cornices,
belt courses, trellises, arbors, and other similar
architectural features (also permitted within R1 stepback areas above 23 feet)
30 in. (no
closer than
1.5 ft. to
parcel line)
30 in. (no
closer than 1.5
ft, to parcel
line)
24 in. (no
closer than
1.5 ft. to
parcel line)
4 ft. (no
closer
than 1.5
ft. to
parcel
line)
Flues, chimneys, rain gutters, downspouts, and similar
vertical architectural projections not more than 5 ft. wide parallel to the side setback and that do not exceed 20% of the façade width
All setbacks:
18 in. for structures with conforming setbacks;
12 in. for structures with nonconforming setbacks
Patios, porches, platforms, decks, and other unenclosed areas not covered by a roof or canopy and that may be
raised above the level of the adjacent setback but do not extend more than 3 ft. above the average natural grade
except for guard rails to the extent legally required
6 ft. 6 ft.
No limit (can
extend to
parcel line)
No limit
(can
extend to
parcel
line)
In the R1 District, first-story porches and second-story balconies open on 3 sides with a height of no more than 14 ft., including parapets and railings, that do not exceed 50% of the front building width measured at the front
façade
6 ft. Not permitted Not
permitted
Not
permitted
In the R1 District, stairs with no roof or canopy less than 3 ft. above finished grade associated with a first-story front porch projection
4 additional
feet Not permitted Not permitted
Not
permitted
Balconies, decks, porches, and similar structures that are open, unenclosed on at least 2 sides 30 in. 30 in. Not permitted 4 ft. 106
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Packet Pg. 224 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) TABLE 9.21.110: ALLOWED PROJECTIONS FROM BUILDINGS INTO MINIMUM SETBACKS Projections
Front
Setback
Street Side
Setback
Interior Side
Setback
Rear
Setback
In any OP district, second floor decks, patios, or
balconies, covered or uncovered, adjacent to primary
living spaces
30 in. 30 in. 30 in. 4 ft.
Unroofed access facilities, including stairs and
wheelchair ramps, with a height, including railings, of no more than 6 ft. above average natural grade
8 ft., but may extend any distance to accommodate
wheelchair ramps or similar ADA access facilities
Exterior access facilities leading to the second or higher story of a building, including open or enclosed fire
escapes and open, unroofed fireproof outside stairways, landings, exterior corridors, and wheelchair ramps. This projection shall not be permitted within the R1 District Not
permitted Not permitted
12 in. or 2 in.
per foot of
required side
setback,
whichever is
greater
4 ft.
Greenhouse windows and bay windows that are not
greater than 6 ft. wide parallel to the setback if all such windows are cantilevered only and do not extend to the
ground level, provided the structure has a conforming
setback
18 in. 18 in. 18 in. 18 in.
Porte cocheres not more than 20 ft. long, not more than 14 ft. in height, including required railings or parapets, and open on at least 2 sides
Not
permitted
No limit (can extend to parcel line) unless
limited by Building Code
Mailbox canopies not more than 10 ft. long 30 in. 30 in. 30 in. 4 ft.
Air conditioners, compressors, hot tub motors, pool
filters, and other mechanical equipment
Not
permitted Not permitted Not permitted
No limit
(can
extend to
parcel
line)
Detached structures and mechanical equipment See Section 9.21.020, Accessory Buildings and Structures Water heaters enclosures and tankless water heaters Not permitted
18 in. for structures with
conforming setbacks;
12 in. for structures with
nonconforming setbacks
No limit
(can
extend to
parcel
line)
Utility equipment including, but not limited to, gas,
water, and electrical meters
Not
permitted
(unless
required by
Building and
Utility
Codes)
18 in. for structures with
conforming setbacks;
12 in. for structures with
nonconforming setbacks
No limit
(can
extend to
parcel
line)
Electric vehicle charging equipment Not
permitted
No limit (can
extend to
parcel line)
No limit (can
extend to
parcel line)
No limit
(can
extend to
parcel
line)
Solar energy system equipment See Section 9.21.150, Solar Energy Systems (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2520CCS § 19, adopted June 14, 2016; Ord. No. 2624CCS § 6, adopted November 12, 2019)
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Packet Pg. 225 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) Chapter 9.22
AFFORDABLE HOUSINGDENSITY BONUS AND INCENTIVES
Sections:
9.22.010 Purpose
9.22.020 Relation to Affordable Housing Production Program
9.22.030 Definitions
9.22.040 Eligibility
9.22.050 Density Bonus
9.22.060 Incentives and Concessions for Affordable Housing
9.22.070 Waiver or Reduction /Modification of Development Standards
9.22.080 Procedures
9.22.010 Purpose
The purpose of this Chapter is to promote the production of deed-restricted affordable housing, to implement goals, objectives, policies, and programs of the City’s Land Use and Circulation Element (“LUCE”) and Housing Element related to affordable housing production, and to establish procedures for implementing the requirements of the State Density Bonus Law, as set forth in California Government Code Chapter 4.3, Sections 65915 through 65918 (the “State Density Bonus Law”). (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2649CCS § 23, adopted September 8, 2020)
9.22.020 Relation to Affordable Housing Production Program Nothing in this Chapter shall be interpreted to modify or reduce the requirements of the City’s Affordable Housing Production Program, Chapter 9.64, including, but not limited to, satisfaction of the affordable housing obligation set forth in Section 9.64.040. Affordable housing units produced pursuant to the Affordable Housing Production Program that meet the requirements of this Chapter shall be counted towards eligibility for the density bonuses, incentives or concessions, and waivers or modifications reductions of development standards set forth in this Chapter. (Added by Ord. No. 2649CCS § 24, adopted September 8, 2020)
9.22.030 Definitions
As used in this Chapter:
A. “Affordable housing cost” means affordable housing cost as defined in Health and Safety Code Section 50052.5.
B. “Affordable rent” means affordable rent as defined in Health and Safety Code Section 50053.
C. “Childcare facility” means a child daycare facility other than a family day care, including, but not limited to, infant centers, preschools, extended daycare facilities and school age childcare centers.
D. “Common interest development” means common interest development as defined in Civil Code Section 4100.
E. “Concession or incentive” means any of the following:
1. A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable and actual cost reductions, to provide for 108
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Packet Pg. 226 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in Government Code Section 65915(c).
2. Approval of mixed-use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located.
3. Other regulatory incentives or concessions proposed by the developer or the city, county, or city and county that result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in Government Code Section 65915(c).
F. “Density bonus” means a density increase over the otherwise maximum allowable gross residential density as of the date of application for first planning entitlement or permit, or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density.
G. “Development standard” means a site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite open-space requirement, a minimum lot area per unit requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, charter, or other local condition, law, policy, resolution, or regulation.
H. “Housing development” means a development project for five or more residential units, including a mixed-use development. For purposes of this Chapter, “housing development” also includes a subdivision or common interest development, as defined in Section 4100 of the Civil Code, approved by the city and that consists of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in Government Code Section 65863.4(d), where the result of the rehabilitation would be a net increase in available residential units.
I. “Located within one-half mile of a major transit stop” means that any point on a proposed development, for which an applicant seeks a density bonus, other incentives or concessions, waivers or reductions of development standards, or a vehicular parking ratio pursuant to this section, is within one-half mile of any point on the property on which a major transit stop is located, including any parking lot owned by the transit authority or other local agency operating the major transit stop.
IJ. “Lower income households” means lower income households as defined by Health and Safety Code Section 50079.5.
JK. “Major transit stop” shall mean a major transit stop as defined in Public Resources Code Section 21155(b).
KL.“Maximum allowable residential density” or “base density” means the density maximum number of units allowed under the Zoning Ordinance, Article IX of this Municipal Code (the “Zoning Ordinance”), specific plan, and or the Land Use and Circulation Element (LUCE), or, if a range of density is permitted, means the maximum allowable densitynumber of units allowed by for the specific zoning district, as set forth in Division 2 of the Zoning Ordinance, specific plan, or and the LUCE applicable to the project. If the density allowed under the Zoning Ordinance is inconsistent with the density allowed under the LUCE or a specific plan, the density provisions of the LUCE, the greater shall prevail. If a housing development is subject to tiered development standards, the “maximum allowable residential density” or “base density” shall mean the maximum number of units allowed at the selected tier.
LM. “Moderate-income households” means moderate-income households as defined in Health and Safety Code Section 50053.
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Packet Pg. 227 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) MN. “Persons and families of moderate income” means persons and families of moderate income as defined in Health and Safety Code Section 50093.
O. “Shared housing building” means a residential or mixed-use structure, with five or more shared housing units and one or more common kitchens and dining areas designed for permanent residence of more than 30 days by its tenants. The kitchens and dining areas within the shared housing building shall be able to adequately accommodate all residents. A “shared housing building” may include other dwelling units that are not shared housing units, provided that those dwelling units do not occupy more than 25 percent of the floor area of the shared housing building. A shared housing building may include 100 percent shared housing units.
P. “Shared housing unit” means one or more habitable rooms, not within another dwelling unit, that includes a bathroom, sink, refrigerator, and microwave, is used for permanent residence, that meets the “minimum room area” specified in Section R304 of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations), and complies with the definition of “guestroom” in Section R202 of the California Residential Code. If a local ordinance further restricts the attributes of a shared housing building beyond the requirements established in this section, the local definition shall apply to the extent that it does not conflict with the requirements of this section.
Q. “Total units” or “total dwelling units” means a calculation of the number of units that:
(i) Excludes unit(s) added by a density bonus awarded pursuant to this section or any local law granting a greater density bonus; and
(ii) Includes unit(s) designated to satisfy the requirements of Chapter 9.64, Affordable Housing Production Program.
(iii) For purposes of calculating a density bonus granted pursuant to this section for a shared housing building, “unit” means one shared housing unit and its pro rata share of associated common area facilities.
NR. “Very low income households” means very low income households as defined in Health and Safety Code Section 50105. (Added by Ord. No. 2649CCS § 25, adopted September 8, 2020) S. “Very low vehicle travel area” means an urbanized area, as designated by the United States Census Bureau, where the existing residential development generates vehicle miles traveled per capita that is below 85 percent of either regional vehicle miles traveled per capita or city vehicle miles traveled per capita. For purposes of this paragraph, “area” may include a travel analysis zone, hexagon, or grid. For the purposes of determining “regional vehicle miles traveled per capita” pursuant to this paragraph, a “region” is the entirety of incorporated and unincorporated areas governed by a multicounty or single-county metropolitan planning organization, or the entirety of the incorporated and unincorporated areas of an individual county that is not part of a metropolitan planning organization.
9.22.040 Eligibility
A. Except as set forth in subsection B, a housing development project in a residential district shall be eligible for a density bonus and additional incentives, concessions, waivers , and/or reductions of development standards, and parking ratios as set forth in this Section.
1. The City will grant one density bonus, the amount of which shall be specified in Section
9.22.050, and, if requested by the applicant and consistent with the applicable requirements of this Chapter, incentives and concessions, as set forth in Section 9.22.060(A) and (B), waivers and or reductions of development standards, as set forth in Section 9.22.070, and parking ratios, as described in Section 9.22.060(C), to the applicant of a housing development when the applicant seeks and agrees to construct a housing development project that will, excluding any units permitted by the density bonus awarded pursuant to this Chapter, contain at least any one of the following:
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Packet Pg. 228 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) a. 10% of the total units of the housing development, including shared housing building development, for lower income households;
b. 5% of the total units of the housing development, including shared housing building development, for very low income households;
c. A senior citizen housing development as defined in Section 51.3 and 51.12 of the Civil Code or a qualifying mobile home park that limits residency based on age requirements for older persons pursuant to Section 798.76 or 799.5 of the Civil Code For purposes of this subparagraph, “development” includes a shared housing building development.; d. 10% of the total units of a common interesthousing development as restricted affordable units affordableare sold to persons and families of moderate income, provided that all units in the development are offered to the public for purchase subject to the equity share and restrictions specified in Government Code Section 65915(c)(2); e. 10% of the total units of a housing development for transitional foster youth, as defined by Section 66025.9 of the Education Code, disabled veterans, as defined by Section 18541 of the Government Code, or homeless persons, as defined in the Federal McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.) affordable at the same level as very low income units;
f. 20% of the total units for lower income students in a student housing development that meets the requirements of Government Code Section 65915(b)(1)(F); or g. 100% of the total unitsall units in the development including total units and density bonus, but exclusive of manager’s unit or units, are for lower income households, except that up to 20% of the total units in the housing development, including total units and density bonus units, may be for moderate-income households. For purposes of this subparagraph, “development” includes a shared housing building development..; or h. 100% Affordable Housing Projects as defined in Section 9.52.020.0050.
2. Land Donations. An applicant for a tentative subdivision map, parcel map, or other residential development approval that donates land to the City in accordance with Government Code Section 65915(g) shall be eligible for a density bonus in accordance with the terms and conditions of Government Code Section 65915(g).
3. Housing Development with Childcare Facility. An applicant that proposes to construct a housing development that conforms to the requirements of subsection (A)(1) and that also includes a childcare facility that will be located on the premises of, as part of, or adjacent to the project shall be eligible for a density bonus in accordance with the terms and conditions of Government Code Section 65915(h).
B. Notwithstanding subsection A, an applicant that submits an application for housing development, including a planning entitlement or permit, shall be ineligible for a density bonus or any other incentive or concession under this Chapter if the housing development is proposed on a property that includes a parcel or parcels that contains: (1) rental dwelling units that are, or, if the dwelling units have been vacated or demolished in the 5-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons or families of lower or very low income; (2) rental units that are controlled rental units pursuant to City Charter Section 1800 et seq., subject to Civil Code Section 1947.12, or subject to any other form of State or 111
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Packet Pg. 229 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) local rent or price control; or (3) units occupied by lower or very low income households, unless the proposed housing development replaces those units, and either of the following applies:
1. The proposed housing development, inclusive of the units replaced pursuant to this Section, contains affordable units at the percentages set forth in Section 9.22.050(B).
2. Each unit in the proposed housing development, exclusive of manager’s unit or units, is affordable to, and occupied by, either a lower or very low income household.
C. For the purposes of this Section, “replace” shall mean either of the following:
1. If any dwelling units described in this Section are occupied on the date of application, the proposed housing development shall provide at least the same number of units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those households in occupancy. If the income category of the persons household in occupancy is not known, it shall be rebuttably presumed that lower income renter households occupied these units in the same proportion of lower income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database.
For unoccupied dwelling units described in subsection A in a development with occupied units, the proposed housing development shall provide units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as the last household in occupancyin the same proportion of affordability as the occupied units. If the income category of the persons inlast household in occupancy is not known, it shall be rebuttably presumed that lower income renter households occupied these units in the same proportion of lower income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database.
All replacement calculations resulting in fractional units shall be rounded up to the next whole number. The If the replacement units will be rental dwelling units, the replacement units shall be subject to a recorded affordability restriction for at least 55 years in accordance with Section
9.22.050(D). If the proposed development is for-sale units, the units replaced shall be subject to Government Code Section 65915(c)(2).
2. If all dwelling units described in subsection A have been vacated or demolished within the 5- year period preceding the application, the proposed housing development shall provide at least the same number of units of equivalent size as existed at the highpoint of those units in the 5- year period preceding the application to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those persons and families in occupancy at that time, if known. If the incomes of the persons and families in occupancy at the highpoint is not known, it shall be rebuttably presumed that lowincome and very low income renter households occupied these units in the same proportion of low-income and very low income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database. All replacement calculations resulting in fractional units shall be rounded up to the next whole number. The If the replacement units will be rental, the replacement units shall 112
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Packet Pg. 230 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) be subject to a recorded affordability restriction for at least 55 years in accordance with subsection 9.22.050(D). If the proposed development is for-sale units, the units replaced shall be subject to Government Code Section 65915(c)(2).
3. Notwithstanding paragraphs (1) and (2), for any dwelling unit described in subsection A that is or was, within the 5-year period preceding the application, a controlled rental unit pursuant to City Charter Section 1800 et seq., a rental unit subject to Civil Code Section 1947.12, or a rental unit subject to any other form of State or local rent or price control, and that is or was occupied by persons or families above lower income, the City may require that replacement units must either:
a. Be be made available at affordable rent or affordable housing cost to, and occupied by, low-income persons or families. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years. If the proposed development is for-sale units, the units shall be replaced subject to Government Code Section 65915(c)(2). ; and.
b. If applicable, Bbe replaced in compliance with City Charter Article XVIII, the City’s Rent Control Law, provided that each unit described in this subsection (3) is replaced.
Unless otherwise required by the Rent Control Law , these units shall not be subject to a recorded affordability restriction.
4. For purposes of this Section, “equivalent size” means that the replacement units contain at least the same total number of bedrooms as the units being replaced.
D. Notwithstanding subsection A, a housing development project in any zoning district that will contain 100% of the total units, exclusive of manager’s unit or units, for lower income households, except that up to 20% of the total units in the housing development may be for moderate-income households, shall be eligible for any density bonus, incentive, concession, waiver or modification to which a housing development project described in Section 9.22.040(A)(1)(g) is entitled. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2649CCS § 26, adopted September 8, 2020)
9.22.050 Density Bonus
A. An eligible applicant under Section 9.22.040 may seek a density bonus in the amounts set forth in this Section and in accordance with the procedures set forth in Section 9.22.080. Applicants may request a lesser percentage of density increase than that which is available for a housing development under this Section, including, but not limited to, no increase in density; however, the City shall not be required to similarly reduce the number of units required to be dedicated pursuant to this Section and Government Code Section 65915(b).
B. Determining Percentage Density Bonus Granted. The number of density bonus units to be granted shall be determined as follows:
1. For housing developments that meet the criteria of Section 9.22.040(A)(1)(a), the density bonus shall be calculated as follows:
Percentage Low-Income Units Percentage Density Bonus
10 20
11 21.5
12 23
13 24.5
14 26
15 27.5
113
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Packet Pg. 231 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) 16 29
17 30.5
18 32
19 33.5
20 35
21 38.75
22 42.5
23 46.25
24 50
2. For housing developments that meet the criteria of Section 9.22.040(A)(1)(b), the density bonus shall be calculated as follows:
Percentage Very Low Income Units Percentage Density Bonus 5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
12 38.75
13 42.5
14 46.25
15 50
3. a. For housing developments that meet the criteria of Section 9.22.040(A)(1)(c), the density bonus shall be 20% of the number of senior housing units. b. For housing developments that meet the criteria of Section 9.22.040(A)(1)(e), the density bonus shall be 20% of the number of the type of units giving rise to a density bonus under that paragraph.
c. For housing developments that meet the criteria of Section 9.22.040(A)(1)(f), the density bonus shall be 35% of the student housing units.
d. For 100% Affordable Housing Projects or housing developments that meet the criteria of Section 9.22.040(A)(1)(g), the following shall apply:
i. Except as otherwise provided in clause (ii), the density bonus shall be 80% of the number of units for lower income households.
ii. If the housing development is located within one-half mile of a major transit stop or is located in a very low vehicle travel area in a designated county, there shall be no maximum control on density.
4. For housing developments that meet the criteria of Section 9.22.040(A)(1)(d), the density bonus shall be calculated as follows:
Percentage Moderate-Income Units Percentage Density Bonus 10 5
11 6
12 7
114
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Packet Pg. 232 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) Percentage Moderate-Income Units Percentage Density Bonus 13 8
14 9
15 10
16 11
17 12
18 13
19 14
20 15
21 16
22 17
23 18
24 19
25 20
26 21
27 22
28 23
29 24
30 25
31 26
32 27
33 28
34 29
35 30
36 31
37 32
38 33
39 34
40 35
41 38.75
42 42.5
43 46.25
44 50
5. An applicant for a tentative subdivision map, parcel map, or other residential development approval that donates land to the City in accordance with Government Code Section 65915(g) shall be entitled to a density bonus as provided by Government Code Section 65915(g).
6. To calculate density bonus for housing developments that provide onsite affordable units in accordance with Chapter 9.64, Affordable Housing Production Program, all onsite affordable units shall be counted as very low-income units up to the highest percentage of density bonus granted under this Chapter 9.22 and State Density Bonus Law.
C. Calculating Base Density
1. In residential districts, the maximum allowable residential or base density, as defined in
9.22.030(L), shall be determined using dwelling units per acre. 115
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2. Except as provided in subsection (3) below, in non-residential districts which do not provide a dwelling-units-per-acre standard for density, the maximum allowable residential or base density shall be calculated by:
a. Estimating the realistic development capacity of the site based on the objective development standards applicable to the project, including, but not limited to, floor area ratio, site coverage, maximum building height and number of stories, building setbacks and stepbacks, public and private open space requirements, minimum percentage or square footage of any nonresidential component, and parking requirements, unless not required for the base project. Parking requirements shall include considerations regarding number of spaces, location, design, type, and circulation. Applicants may provide a base density study which the City shall accept, provided that it includes all applicable objective development standards. b. Maintaining the same average unit size and other project details relevant to the base density study, except those development standards or requirements that may be modified by waiver or concession to accommodate the bonus units, in the proposed project as in the study.
3. Notwithstanding subsection (2), for Downtown districts any housing development subject to with tiered development standards, the maximum allowable residential density shall be based on the maximum number of units allowed for the selected Tier in the zoning district under Tier 1. The maximum allowable residential or base density shall be calculated by:
a. Estimating the realistic development capacity of the site based on the objective development standards applicable to the project, including, but not limited to, floor area ratio, site coverage, maximum building height and number of stories, building setbacks and stepbacks, public and private open space requirements, minimum percentage or square footage of any nonresidential component, and parking requirements, unless not required for the base project. Parking requirements shall include considerations regarding number of spaces, location, design, type, and circulation. Applicants may provide a base density study which the City shall accept, provided that it includes all applicable objective development standards. b. Maintaining the same average unit size and other project details relevant to the base density study, except those development standards or requirements that may be modified by waiver or concession to accommodate the bonus units, in the proposed project as in the study.
D. Calculating Density Bonus.
1. Density bonus shall be calculated by the following formula:
Density bonus = base density X percentage density bonus granted.
2. For the purposes of calculating the amount of the density bonus pursuant to subsection B, a housing development is entitled to only one density bonus over maximum allowable residential density or base density .and a An applicant who requests a density bonus must elect whether the bonus shall be awarded on the basis of Section 9.22.040(A)(1)(a), (b), (c), (d), (e), (f), or (g), or (h). Density bonuses from more than one category may not be combined.
23. All density calculations resulting in fractional units will be rounded up to the next whole number.
3. For purposes of subsection B, “total units,” “total dwelling units,” or “total rental beds” does not include units added by a density bonus pursuant to this Section or any provision of this Municipal Code granting a greater density bonus.
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4. For the purpose of calculating a density bonus granted pursuant to this section for a shared housing building, “unit” means one shared housing unit and its pro-rated share of associated common area facilities.
5. For the purpose of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located.
DE.Continued Affordability. Prior to issuance of a building permit, an applicant shall agree to continued affordability of restricted affordable units in accordance with Government Code Section 65915(c) and Section 9.64.130 of this Code and the Administrative Guidelines adopted thereto. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2649CCS § 27, adopted September 8, 2020)
9.22.060 Incentives and Concessions for Affordable Housing A. An eligible applicant under Section 9.22.040 may request the following numbers of incentives or concessions in accordance with the procedures set forth in Section 9.22.080:
Minimum Percentage of Affordable Units Number of Incentives and Concessions Permitted
• 5% Very Low,
• 10% Low, or
• 10% Moderate in for-sale developments
1 • 10% Very Low,
• 17% Low, or
• 20% Moderate in for-sale developments
2 • 15% Very Low,
• 24% Low, or
• 30% Moderate in for-sale developments
3 • 100% Affordable Housing Projects or projects
meeting the criteria of Section 9.22.040(A)(1)(g) 4
To determine the number of incentives and concessions for housing developments that provide onsite affordable units in accordance with Chapter 9.64, Affordable Housing Production Program, all onsite affordable units shall be counted as very low-income units up to the highest amount of incentives and concessions granted by this Chapter 9.22 and State Density Bonus Law.
B. By Right A requested iIncentives or cConcessions. Without following the procedures in Section
9.22.080, the Director shall approve requested incentives and concessions as follows may include the following:
1. For Tier 1 housing developments in residential zones:
a. Up to a 15% deviation from one side setback requirement.; b. Up to a 10% increase in first floor parcel coverage per floor and/or story (one concession per floor and/or story).;
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Packet Pg. 235 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) c. Up to a 15% deviation from rear setback requirements. d. Up to one additional story and six feet of building height.
2. For Tier 2 housing developments in residential zones that meet the requirements of Section
9.23.030(A) of this Code: one or more of the Tier 2 incentives set forth in Table 9.08.030.For housing developments in all non residential zones:
a. Up to an additional 11 feet of Building Height.
b. Up to a 10% reduction in Minimum Ground Floor height. c. Up to a 50% decrease in private outdoor living area per unit, provided that an equivalent amount is substituted for common outdoor living area.
d. Up to a 5% decrease in unit mix requirement for market rate units only. e. Up to a 10% decrease in residential parking requirement. f. Up to a 10% decrease in long-term residential bicycle parking. g. Additional floor area to accommodate the density bonus units based on project’s average unit size.
3. In addition to the above, for 100% Affordable Housing Projects or projects meeting the criteria of Section 9.22.040(A)(1)(g) located within one-half mile of a major transit stop or located in a very low vehicle travel area in a designated county:
a. Height increase of up to 3 additional stories, or 33 feet. This shall not count towards one of the four incentives or concessions available for 100% Affordable Housing Projects or projects meeting the criteria of Section 9.22.040(A)(1)(g).
C. By Right Parking Incentives. In addition to the above, an eligible applicant project under Section
9.22.040 shall be entitled to the parking incentives set forth in Government Code Section 65915(p).
D. Nothing in this Section limits or requires the provision of direct financial incentives for a housing development, including the provision of publicly owned land by the City or the waiver of fees or dedication requirements. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2520CCS § 21, adopted June 14, 2016; Ord. No. 2649CCS § 28, adopted September 8, 2020)
9.22.070 Waiver or Reduction /Modification of Development Standards A. An eligible applicant under Section 9.22.040 may in accordance with the procedures set forth in Section 9.22.080 seek a waiver or modification reduction of any development standards that will have the effect of precluding the construction of a housing development at the densities or with the concessions or incentives permitted by this Chapter. The eligible applicant shall show that any development standard requested to be waived or modified will have the effect of physically precluding the construction of the housing development at the densities or with the concessions or incentives permitted by this Chapter.
B. Except as provided in subsection C, aA proposal for the a waiver or reduction of development standards pursuant to this Section shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to Section 9.22.060.
C. A housing development that: (i) receives a waiver from any maximum controls on density pursuant to Section 9.22.050(3)(d)(ii) and up to three additional stories or 33 feet in height in accordance with
9.22.060(A)(4), and (ii) is not located in the Pico Neighborhood Area, as outlined in Figure 118
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Packet Pg. 236 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins))
9.40.020.A, shall be eligible for, and may receive, additional waivers or reductions of development standards in accordance with this Section. Additional waivers or reductions of development standards shall not include additional height or number of stories. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2649CCS § 29, adopted September 8, 2020) C. A housing development that receives a waiver from any maximum controls on density pursuant to Section 9.22.050(3)(d)(ii) shall not be eligible for, and shall not receive, a waiver or reduction of development standards pursuant to this subdivision, other than as expressly granted under Section
9.22.050(3)(d)(ii).
9.22.080 Procedures
The following procedures shall govern the processing of a request for a density bonus, incentive, concession, waiver, modificationreduction, or revised parking standard:
A. An application for a density bonus, incentive, or concession, waiver or reduction /, modification of development standards, or revised parking standard pursuant to this Chapter shall be submitted with the first application for approval of a housing development and processed concurrently with all other applications required for the housing development. The application shall be submitted on a form prescribed by the City and shall include at least the following information:
1. Site plan showing total number of units, number and location of affordable housing units, and number and location of proposed density bonus units;
2. Target income of affordable housing units and proposals for ensuring affordability;
3. Description of any requested incentives or, concessions, waivers or modifications reduction of development standards, or modified parking standards. For all incentives and or concessions that are not included within the menu of incentives/ or concessions set forth in subsections B and C of Section 9.22.060, the application shall include documentation a pro forma providing evidence that the requested incentives and concessions result in identifiable, financially sufficient, and actual cost reductions. The cost of reviewing any required pro forma or other financial data submitted as part of the application in support of a request for an incentive/concession or waiver/modification of developments standard, including, but not limited to, the cost to the City of hiring a consultant to review said financial data, shall be borne by the developer. The pro formadocumentation shall include all of the following items:
a. The identifiable and actual cost reduction achieved through the incentive or concession; b. Evidence that the cost reduction allows the applicant to provide affordable units or affordable sales prices; and
c. Other information documentation requested by the Director. The Director may require that any pro formadocumentation include information regarding capital costs, equity investment, debt service, projected revenues, operating expenses, and such other information as is required to evaluate the pro formadeemed necessary by the Director.
4. For any requested waiver or reduction of a development standard, the applicant shall provide evidence that the development standard for which the waiver or reduction is requested will have the effect of physically precluding the construction of the residential project with the density bonus incentives requested;
5. If a density bonus or concession is requested for a land donation, the application shall show the location of the land to be donated provide proof of site control, and provide evidence that all of 119
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Packet Pg. 237 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) the requirements and each of the findings included in Government Code Section 65915(g) can be made; and
6. If a density bonus or concession is requested for a childcare facility, the application shall show the location and square footage of the childcare facilities and provide evidence that all of the requirements and each of the findings included in Government Code Section 65915(h) can be made.
B. In accordance with State law, neither the granting of a concession, incentive, waiver, or modification reduction, nor the granting of a density bonus shall be interpreted, in and of itself, to require a General Plan amendment, Zoning Ordinance, Variance, or other discretionary approval.
C. For housing developments requesting an incentive or concession not included within the menu of by-right incentives or concessions listed in subsections B and C of pursuant to Section 9.22.060 or a waiver or modification reduction pursuant to Section 9.22.070, the following shall apply:
1. The Director shall grant the concession or incentive requested by the applicant unless the Director makes a written finding, based upon substantial evidence, of any of the following:
a. The incentive or concession does not result in identifiable and actual cost reductions to provide for affordable housing costs as defined in Section 50052.5 of the Health and Safety Code, or for rents for the affordable units; or
b. The concession or incentive will have a specific adverse impact upon public health and safety, or on the physical environment or on any real property that is listed in the California Register of Historic Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low-income and moderate income households; or c. The concession or incentive would be contrary to State or Federal law.
2. The Director shall grant the modification reduction or waiver or reduction if the development standard will have the effect of physically precluding the construction of a housing development at the densities permitted under Section 9.22.050, or with the concessions or incentives permitted under Section 9.22.060. Notwithstanding the foregoing, the Director shall not be required to grant a modification waiver or reduction or waiver if:
a. The waiver or reduction would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact;
b. The waiver or reduction would have an adverse impact on real property that is listed in the California Register of Historical Resources;
c. The waiver or reduction would be contrary to State or Federal law. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2606CCS § 8, adopted April 9, 2019; Ord. No. 2649CCS § 30, adopted September 8, 2020) 120
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Packet Pg. 238 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) Chapter 9.23
COMMUNITY BENEFITS
Sections:
9.23.010 Purpose
9.23.020 Applicability
9.23.030 Qualifying Benefits
9.23.010 Purpose
The purpose of this Chapter is to establish and describe regulations for implementing policies of the General Plan intended to ensure that new development that is allowed to exceed the base height, density (in Residential Districts), and floor area ratio (in Nonresidential Districts) allowed by the Land Use and Circulation Element (LUCE), in return provide community benefits that enhance Santa Monica’s highly valued community character.
More specifically, these regulations will implement LUCE policies, which require that, as development is approved above the base floor area ratio and height, it must be accompanied by a range of community benefits from 4 priority categories: Affordable Housing, Trip Reduction and Traffic Management, Community Physical Improvements, and Social and Cultural Facilities. In addition to promoting the development of additional on-site affordable housing and to maintaining existing City programs that provide incentives for the production of affordable housing, these requirements are intended to reduce the additional burdens more intense development allowed by the General Plan will impose on the City by requiring applicants to pay additional fees to mitigate project impacts or, in specific instances, allowing applicants to incorporate features into their projects. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
9.23.020 Applicability
Except for 100% Affordable Housing Projects, theThe requirements of this Chapter apply to all projects involving new development and additions for which applicants propose to exceed the maximum base floor area, height, or densities allowed for Tier 1 projects. The provisions of this Chapter establish the requirements under which additional floor area or density and height may be allowed up to the Tier 2 maximum standards established in the General Plan and this Ordinance. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015)
9.23.030 Qualifying Benefits
An applicant seeking approval for a project that exceeds the base floor area or density or height allowed in the district where the project is located (“Tier 2 projects”) shall provide community benefits in each of the following categories.
A. Housing. All Tier 2 projects must meet the following requirements:
1. Affordable Housing. Applicants proposing residential and mixed-use projects shall incorporate the following:
a. At least 50 percent more affordable housing units than would be required pursuant to Section
9.64.050. Any fractional affordable housing unit that results from this formula shall be 121
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Packet Pg. 239 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) provided as a whole affordable housing unit (i.e., any resulting fraction shall be rounded up to the next larger integer).
b. On-site affordable housing units shall be affordable to 30%, 50%, or 80% income households depending on the percentage of affordable units being provided and shall not include any Moderate Income units, as defined by Section 9.64.020. Subject to the modifications contained in this Subsection (A), all of the affordable units shall comply with the provisions of Chapter 9.64.
c. Affordable housing units required by this Subsection (A) may be provided offsite, pursuant to Section 9.64.060, if the affordable housing units are owned in whole or part and operated by a non-profit housing provider for the life of the project, and the Final Construction Permit Sign Off or Certificate of Occupancy for the affordable units is issued prior to or concurrently with the Tier 2 project.
2. Unit Mix. Applicants proposing residential and mixed-use projects shall incorporate the following:
a. For market rate units:
i. At least 150% of the units shall be three-bedroom units; ii. At least 2015% of the units shall be two-bedroom units; iii. No more than 15% of the units shall be studio units; iv. The average number of bedrooms for all of the market rate units combined shall be 1.2 or greater; and
v. Notwithstanding Subsections (A)(2)(a)(i-ii) above, any fractional housing unit less than
0.5 that results from this unit mix shall be rounded down to the next lower integer. Any fractional housing unit of 0.5 or more that results from this unit mix shall be rounded up to the next larger integer.
b. For affordable housing units:
i. The unit mix percentage for affordable two- and three-bedroom housing units shall be equal to or greater than the unit mix percentage required for the corresponding market rate units pursuant to subsection (A)(2)(a) of this Section. If the calculation results in
0.5 or more, the fraction shall be treated as a whole affordable housing unit. ii. The unit mix percentage for studio affordable housing units shall not exceed 15% of the total number of affordable units.
The average number of bedrooms for all of the affordable housing units combined shall be equal to or greater than the average number of bedrooms provided for all of the market rate units pursuant to Subsection (A)(2)(a) of this Section. c. The Director may grant a waiver from this unit mix requirement pursuant to the requirements and procedures for Waivers in Chapter 9.43. d. The requirements of Subsection (A)(2) of this Section shall not apply to project applications filed prior to the effective date of this Ordinance.
.B. 3. Mitigation Fee. Applicants proposing non-residential and mixed-use projects shall pay a housing mitigation fee 14 percent above the base fee as required by Chapter 9.68, Affordable Housing Commercial Linkage Fee Program for that portion of the floor area above the maximum Tier 1 floor area allowed by this Ordinance.Affordable Housing Commercial Linkage Fee. All Tier 2 Projects proposing non-residential and mixed-use projects shall pay a housing mitigation fee 14 percent above the base fee as required by Chapter 9.68, Affordable Housing Commercial Linkage Fee Program, for that portion of the floor area above the maximum Tier 1 floor area allowed by this Ordinance.
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Packet Pg. 240 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) CB.Transportation Impact Fee. All Tier 2 Projects shall pay an additional Transportation Impact Fee (TIF) 14 percent above the base fee required by Chapter 9.66, Transportation Impact Fee Program, for that portion of the floor area above the maximum Tier 1 floor area allowed by this Ordinance.
DC. Open Space. All Tier 2 Projects shall either pay an additional Open Space Fee (OSF) 14 percent above the base fee required by Chapter 9.67, Parks and Recreation Development Impact Fee Program, for that portion of the floor area above the maximum Tier 1 floor area allowed by this Ordinance, or provide publicly accessible open space that complies with the following requirements.
1. Minimum area: 7,500 square feet of usable space.
2. Open space is owned, operated, and maintained by the developer or property manager in accordance with an approved maintenance plan to be reviewed and approved by the Director of Community and Cultural Services or his/her designee.
3. Each part of the open space shall be accessible from other parts of the open space without leaving the open space area.
4. Open space shall be directly accessible from the sidewalk, and be accessible to persons with disabilities.
5. Open space shall be on the ground level.
6. No more than 20 percent of the open space is occupied by open space-related above-grade structures, such as pergolas or public restroom structures.
7. A minimum of 35 percent of the open space is planting area with grass, ground cover, bushes, or trees. All trees shall be planted flush with the surrounding grade. The Urban Forester shall be consulted as to the selection of these trees, their size, and the appropriate planter size to facilitate the trees’ viability in the given urban conditions and microclimate.
8. The open space is open to the public, without charge, each day of the year from 6 a.m. to 11 p.m., except for temporary closures for necessary maintenance or public safety.
9. At a minimum, the following elements shall be included within the open space:
a. Trees and landscaping;
b. Seating;
c. Bike racks;
d. Refuse and Recycling Receptacles; and
e. Signage that include hours of operation.
ED.Transportation Demand Management. All Tier 2 Projects 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 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)(c)(iv). 123
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Packet Pg. 241 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) b. Free on-site shared bicycles intended for resident and guest use. This shall be optional if Citywide bikeshare is available within a 2-block radius of the project site. (Added by Ord.
No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2520CCS § 39, adopted June 14, 2016)
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Packet Pg. 242 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) Chapter 9.28
PARKING, LOADING, AND CIRCULATION
Sections:
9.28.010 Purpose
9.28.020 Applicability
9.28.030 General Provisions
9.28.040 Calculating Off-Street Parking and Loading Spaces
9.28.050 Parking Requirements by Zoning DistrictReserved
9.28.060 Off-Street Parking
9.28.070 Location of Parking
9.28.080 Loading Spaces
9.28.090 Space-Efficient Parking
9.28.100 Accessible Parking
9.28.110 Unbundled Parking
9.28.120 Parking Design and Development Standards
9.28.130 Pedestrian Facilities
9.28.140 Bicycle Parking
9.28.150 Car and Van Pool Parking
9.28.160 Electric Vehicle Charging Stations
9.28.170 Showers, Lockers, and Changing Rooms
9.28.180 Reduction of Required Parking
9.28.190 Alternate Compliance
9.28.020 Applicability
The requirements of this Chapter apply to the following.
A. New Buildings and Land Uses. On-site parking shall be provided according to the provisions of this Chapter at the time any building or structure is erected or any new land use is established.
B. Addition, Enlargement of Use, and Change of Use of Non-Residential Uses in Existing NonResidential Buildings.
1. Except as provided in subsection (B)(2), a change of use shall provide the difference between the required parking ratio for the proposed use and one automobile parking space per 300 square feet.
2. Changes in use that create an increase of 3 or fewer required parking spaces, calculated in accordance with subsection (B)(1), shall not be required to provide additional on-site automobile parking according to the provisions of this Chapter. Bicycle parking shall be provided in accordance with Section 9.28.140.
3. Existing parking shall be maintained and additional parking shall be required only for such addition, enlargement, or change of use and not for the entire building or site. If the number of existing parking spaces is greater than the requirements for such use, the number of spaces in excess of the prescribed minimum may be counted toward meeting the parking requirements for the addition, enlargement, or change in use.
4. A change in occupancy is not considered a change in use unless the new occupant is a different use than the former occupant.
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Packet Pg. 243 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) C. Additions, Alterations, and Enlargement of Use, and Change of Use of Residential Uses in of Existing Residential Buildings.
1. For any new commercial, cultural, health, industrial, or commercial entertainment and recreation use of an existing residential building, structure including any addition and enlargement of use, parking spaces in the number specified in Section 9.28.060, Required Off-Street Parking, shall be provided for the entire parcel.
21. For any new residential use that is not a multiple unit dwelling or educational use of in an existing residential building or structure, if such that the new residential or educational use will require a greater number of parking spaces as compared to the previous use, parking spaces in the number specified in Section 9.28.060, Required Off-Street Parking, shall be provided for the new use.
2. Multiple Unit Dwellings. Additional parking shall be required for the proposed addition or alteration if it increases the number of bedrooms of existing units.
3. Increased Number of Dwelling Units. The creation of additional dwelling units through the alteration of an existing building or construction of an additional structure or structures requires the provision of on-site parking to serve the new dwelling units in compliance with the provisions of this Chapter. This requirement does not apply when sufficient on-site parking exists to provide the number of spaces required for the existing and new dwelling units in compliance with all applicable requirements.
D. Non-Residential Uses in Housing Projects
1. Non-Residential Uses in Housing Projects ocated in Office Campus Zoning Districts. No minimum parking is required for uses within a housing project.
2. Non-Residential Uses in Housing Projects located in the Neighborhood Commercial Zoning Districts along Main Street and Montana Avenue. uses within a housing project shall be granted a reduction of 10 spaces from the minimum parking requirement specified in Section 9.28.060, Off-Street Parking.E. Residential Uses Added to Existing Commercial Development in NonResidential Zones
1. Residential uses added to a non-residentially zoned parcel where the existing commercial use is being retained shall be granted a reduction of 10 spaces from the minimum parking requirement specified in Section 9.28.060, Off-Street Parking.
Additions and Alterations to Residential Buildings. When an addition or alteration is proposed to a residential building that does not currently provide parking in compliance with this Chapter, the following regulations apply:
1. Multi-Unit Dwellings. Additional parking shall be required for the proposed addition or alteration if it increases the number of bedrooms of existing units.
2. Increased Number of Dwelling Units. The creation of additional dwelling units through the alteration of an existing building or construction of an additional structure or structures requires the provision of on-site parking to serve the new dwelling units in compliance with the provisions of this Chapter. This requirement does not apply when sufficient on-site parking exists to provide the number of spaces required for the existing and new dwelling units in compliance with all applicable requirements.
DE.Construction Timing. On-site parking facilities required by this Chapter shall be constructed or installed prior to the issuance of a Certificate of Occupancy for the uses that they serve. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2520CCS § 23, adopted June 14, 2016; Ord. No. 2624CCS § 8, adopted November 12, 2019) 126
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Packet Pg. 244 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins))
9.28.030 General Provisions
A. Existing Parking and Loading to be Maintained.
1. No existing parking and/or loading serving any use may be reduced in amount or changed in design, location, or maintenance below the requirements for such use at the time it was entitled unless equivalent substitute facilities are provided., with the exception of the following:
a. A new Housing Project is only required to maintain or replace at least 50% of the existing on-site parking serving an existing use to be retained. a.b. For additions, expansions, or alterations to existing schools, existing on-site parking may be reduced by 50% to accommodate the proposed addition, expansion, alteration if school land use is retained.
2. Within the Downtown Community Plan area, properties must maintain the maximum number of parking spaces set forth in Table 9.28.060.
2.3.For Historic Resources, see Section 9.28.180(B).
B. Access. Access to parking for intended users, including employees, shall be available during all business hours.
C. Assignment. Assignment of parking spaces to individual users or tenants within a mixed use and/or multi-tenant project shall be prohibited except when such spaces are reserved for disabled parking, car or vanpool users, car share vehicles, or residential units.
D. Application to All Parking. All parking provided must be in compliance with the standards set forth in this Chapter.
E. Parking and Loading Operations Plan. Projects that result in greater than 40 provided parking spaces, new private parking surface lots or structures, or projects that provide space-efficient parking shall submit a Parking and Loading Operations Plan to the Director for review and approval before issuance of any building permits. (Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2520CCS § 24, adopted June 14, 2016; Ord. No. 2551CCS § 3, adopted August 8, 2017; Ord. No. 2576CCS § 7, adopted June 12, 2018)
9.28.040 Calculating Off-Street Parking and Loading Spaces A. Rules for Calculating Required Spaces. The following rules shall be followed for calculating the amount of off-street parking and loading spaces.
1. Rounding. Fractional space requirements totaling 0.5 or above shall be rounded up to the next whole space after calculating the total number of required spaces. Rounding up shall not apply to loading spaces; however, a minimum of one space shall be provided.
2. Residential Uses. For purposes of calculating off-street parking requirements for dwelling units, all private living spaces including, but not limited to, dens, studios, family rooms, studies and lofts shall be considered as “bedrooms” except that a maximum of one such room per unit shall not count as a bedroom if it is less than 100 square feet in area. Kitchens, bathrooms, and one living room per unit shall not be considered bedrooms. Semiprivate rooms shall not count as bedrooms if they have no doors and a minimum 7-foot opening to adjacent living space. A loft or mezzanine shall not count as a bedroom if the maximum width of the loft or mezzanine is less than 7 feet.
3. Nonresidential Uses. Unless otherwise specified, the floor areas used to calculate the number of off-street parking and loading spaces required for nonresidential uses shall include:
a. All floor area located above or below grade devoted to office, retail, service, or other activities and uses, storage areas, restrooms, lounges, lobbies, kitchens, and interior hallways and corridors, unless exempted by this Chapter; and 127
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Packet Pg. 245 Attachment: Attachment B - Zoning Ordinance Redlines (5610 : Housing Element Implementation (120 mins)) b. All outdoor areas that will accommodate a permanent activity that will generate a demand for parking facilities in addition to that which is provided for principal activities and uses within the building or structure.
4. 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.