Agenda packet, second session — Santa Monica City Council, March 21, 2023 (part 1 of 3)

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: 3/30/2023 8:08 AM 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: 3/30/2023 8:08 AM Page 3

AGENDAS

CITY OF SANTA MONICA

REGULAR MEETING

CITY HALL COUNCIL CHAMBERS
1685 MAIN STREET, ROOM 250,
TUESDAY, MARCH 21, 2023
MEETING BEGINS AT 5:30 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

1. PUBLIC INPUT
(Public comment is permitted only on items not on the agenda that are within the subject matter jurisdiction of the City. State law prohibits the City Council from taking any action on items not listed on the agenda, including issues raised under this agenda item.)

2. PUBLIC INPUT (AGENDA ITEMS UNDER CLOSED SESSION, SPECIAL AGENDA

ITEMS, CONSENT CALENDAR ONLY)

3. CLOSED SESSIONS

3.A. Conference with Legal Counsel – Existing Litigation – Government Code Section 54956.9(d)(1): Thomas Metzger v. City of Santa Monica; LASC Case No. 21STCV36815 - New Item Received 3/17/2023

3.B. Conference with Legal Counsel – Existing Litigation – Government Code Section 54956.9(d)(1): City of Santa Monica, et al. v. 1238 10th Street, LLC., et al.; LASC Case No. 21SMCV01585 - New Item Received 3/17/2023

3.C. Conference with Legal Counsel – Existing Litigation – Government Code Section 54956.9 (d)(1): NMS 1539, LLC., et al. v. City of Santa Monica, et al.; City of Santa Monica Generated: 3/30/2023 8:08 AM Page 4 Central District of California Case No. 2:20-cv-11318-FLA(JPRx) - New Item Received 3/17/2023

3.D. Conference with Legal Counsel – Anticipated Litigation – Government Code section 65589.5(d): WS Communities v. City of Santa Monica - New Item Received 3/17/2023

4. SPECIAL AGENDA ITEMS

4.A. Proclamation: Red Cross Month
The following is the order of business for items to be heard no earlier than 7:00 p.m.

4.B. City Manager's Report

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 ordinances and resolutions shall be by reading of title only unless a Councilmember present dissents.)

5.A. Accept Officer Wellness & Mental Health Grant
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.

2. Authorize the City Manager to accept a grant awarded in the amount of $141,118.62 from the California Board of State and Community Corrections (BSCC) for the Officer Wellness and Mental Health Grant Award.

3. Authorize the City Manager to execute all necessary documents to accept the grant and all grant renewals.

4. Authorize budget changes as outlined in the Financial Impacts and Budget Actions section of this report.

5.B. Approval of First Modification to Contract #11059, Any Line Any Time Pass Program for Santa Monica College
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.

2. Authorize the City Manager to negotiate and execute a first modification to Contract #11059, the “Any Line, Any Time” unlimited ride transit program agreement with Santa Monica College (SMC), to extend the term of the agreement by one year through June 30, 2024, and to receive compensation City of Santa Monica Generated: 3/30/2023 8:08 AM Page 5 in the amount of $1,129,000 from SMC for the remaining two contract years ending June 30, 2024.

6. PUBLIC INPUT ON REMAINING AGENDA ITEMS

7. STUDY SESSION
No items

8. CONTINUED ITEMS
No items

9. ADMINISTRATIVE PROCEEDINGS
No items

10. ORDINANCES
(Public comment is permitted on ordinances for introduction and first reading. No public discussion is permitted on ordinances for second reading and adoption.)

10.A. Housing Element Implementation - Revised Staff Report. 3/17/23 Recommended Action
Staff recommends that the City Council:

1. Adopt a finding that 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) and Addendum, and no further review pursuant to the California Environmental Quality Act (CEQA);

2. Adopt a finding that the proposed extension of the Urgency Interim Zoning Ordinance are categorically exempt from the provisions of the CEQA pursuant to Section 15061(b)(3) of the State Implementation Guidelines (common sense exemption);

3. Adopt Resolution Amending the Text of the Land Use and Circulation Element of the General Plan for Consistency with the Goals, Policies and Programs set forth in the 6th Cycle (2021-2029) Housing Element; (Requires 5 votes to pass)

4. Adopt Resolution Amending the Text of the Bergamot Area Plan for Consistency with the Goals, Policies and Programs set forth in the 6th Cycle (2021-2029) Housing Element;

5. Adopt Resolution Amending the Text of the Downtown Community Plan for Consistency with the Goals, Policies and Program set forth in the 6th Cycle (2021-2029) Housing Element; (Requires 5 votes to pass)

6. Introduce for First Reading of an Ordinance Amending the Text of the Zoning Ordinance for Consistency with the Goals, Policies, and Programs set forth in the 6th Cycle (2021-2029) Housing Element; for Consistency with Updates to State Law Related to Housing Production and Minimum Parking City of Santa Monica Generated: 3/30/2023 8:08 AM Page 6 Requirements; and to Make Minor Changes, Clarifications and Corrections Including Modifications to Parcel Coverage Limitations for Existing Structures in the R1 (Single-Unit) District and Modifications to the Standards for Accessory Structures;

7. Adopt Resolution Amending the General Plan Land Use Map for Consistent Designation of Identified Parcels;

8. Introduction for First Reading of an Ordinance Amending the Official Districting Map for Consistent Designation of Identified Parcels;

9. Introduction and First Reading of an Ordinance Amending the Official Districting Map for Properties Located at 1811 Warwick and 1808 34th Avenue; and

10.Introduce and Adopt an Emergency Interim Zoning Ordinance to extend interim regulations established by Emergency Interim Zoning Ordinance Number 2633 (CCS) and amended and extended by Emergency Interim Zoning Ordinance Numbers 2645, 2692, and 2699 (CCS) to increase thresholds for review of one hundred percent affordable housing projects and certain Tier 2 housing projects subject to the Housing Accountability Act by Administrative Approval.

11. STAFF ADMINISTRATIVE ITEMS
No items

12. PUBLIC HEARINGS
No items

13. REPORTS OF BOARDS AND COMMISSIONS
No items

14. RESOLUTIONS
No items

15. WRITTEN COMMUNICATIONS OTHER THAN REPORTS OF COMMISSION AND

OFFICERS
No items

16. COUNCILMEMBER DISCUSSION ITEMS

16.A. Request of Mayor Davis that Council direct the City Manager and/or City Attorney to return with an amendment to the Council Rules Resolution, Rule 6(s) Councilmember Discussion Items to clarify that 16 items are to provide Policy direction only, and that staff can assist in the development of language for a 16 item, but that no resolutions or ordinances should be developed or drafted until a majority of Council gives direction to the City Manager and/or the City Attorney. The exception would be resolutions for advocacy. - New Item Received 3/17/2023
City of Santa Monica Generated: 3/30/2023 8:08 AM Page 7

16.B. Statistics demonstrate that automobiles are the leading cause of death for children aged 5-14 in LA County and Santa Monica has adopted a Vision Zero plan to eliminate all traffic fatalities and severe injuries, while increasing safe, healthy, equitable mobility for all. To this end, the following is a request of Councilmembers Zwick and Torosis that the City Council direct the City Manager to report back in 60 days on the cost and timeline for the implementation of a pilot program augmenting the city's Vision Zero plan with safety-enhancing signal improvements at select intersections, including:

1. Banning Right on Red at all “scramble” intersections in DTSM, and other select intersections where data indicates it would improve safety.

2. Reprogramming traffic signals to operate on "pedestrian recall" and utilize a Leading Pedestrian Interval (LPI) at 10 priority intersections as determined by data from Santa Monica’s high-injury network, as well as data on frequency of pedestrian use. - New Item Received 3/17/2023

16.C. Request of Councilmembers Zwick, Torosis, and de la Torre that the Council direct the City Manager to ensure that staff engage in meaningful consultation with persons authorized to vend pursuant to SMMC sections 6.36.030(f) and (g) regarding implementation of and proposed changes to sidewalk vending policies in the City. Specifically, staff are to arrange for such consultation in a culturally competent and linguistically appropriate manner to achieve meaningful engagement and input when substantive changes to vending policies are being considered that address time, place, and manner regulations or alterations to permitting or enforcement policies and practices.

Such consultation should include, but not be limited to, in-person meetings, notices and solicitation of feedback via e-mail and/or mail, and production of outreach materials to be distributed by staff in the field. This consultation should include advance written notice to all permitted vendors with at least a 20-day period of public comment following the solicitation of vendor input prior to making substantive changes to Sidewalk Vending Administrative Regulations or placing proposed changes on the Council agenda. Staff shall ensure that engagement is conducted in English and Spanish through bilingual written materials and presence of a Spanish language interpreter at vendor engagement meetings and Council meetings when vending policies are being considered. City staff is further directed to engage in ongoing dialogue with its permitted sidewalk vending community regarding several items of importance—including vending cart compliance, enforcement practices, enhanced signage, expanded opportunities and zones for permissible vending, and methods of allocating designated spaces to vend— to ensure a thriving and inclusive Santa Monica for all. - New Item Received 3/17/2023

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) City of Santa Monica Generated: 3/30/2023 8:08 AM Page 8 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 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).
1 Vernice Hankins
From: Mathew Millen <[email protected]>
Sent: Sunday, March 19, 2023 9:04 AM
To: councilmtgitems
Cc: Phil Brock; Caroline Torosis; Oscar de la Torre; Lana Negrete; Gleam Davis; Christine Parra Subject: 3/21 item 3C Repeal Discriminatory 1 year lease ordinance Attachments: 20CV11318.pdf; 1 year lease.pdf; resume2021.pdf

EXTERNAL
It is time to stop wasting taxpayer money defending this discriminatory ordinance. thanks for your consideration
Mathew Millen
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City Council
Report
City Council Meeting: March 21, 2023
Agenda Item: 4.A
1 of 1
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Special Agenda Items Subject: Proclamation: Red Cross Month
Prepared By: Gilbert Portillo, Administrative Staff Assistant Approved Forwarded to Council

4.A
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City Council
Report
City Council Meeting: March 21, 2023
Agenda Item: 4.B
1 of 1
To: Mayor and City Council
From: David White, City Manager, City Manager's Office
Subject: City Manager's Report
Prepared By: Esterlina Lugo, Deputy City Clerk
Approved Forwarded to Council

4.B
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City Council
Report
City Council Meeting: March 21, 2023
Agenda Item: 5.A
1 of 3
To: Mayor and City Council
From: Ramon Batista, Police Chief, Police Department
Subject: Accept Officer Wellness & Mental Health Grant
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.

3. Authorize the City Manager to execute all necessary documents to accept the grant and all grant renewals.

4. Authorize budget changes as outlined in the Financial Impacts and Budget Actions section of this report.

Summary
The Santa Monica Police Department (SMPD) has been awarded an Officer Wellness and Mental Health Grant in the amount of $141,118.62 by the California Board of State and Community Corrections. Funds must be used by December 1, 2025. No local match is required. The grant aims to improve officer wellness and expand mental health resources to law enforcement agencies in the State of California. Funds from the grant will be used to expand the existing officer wellness units and the Department’s Peer Support group.

Discussion
The Officer Wellness and Mental Health Grant Program was recently established in the 2022 Budget Act (Assembly Bill 178, Chapter 45, Statutes of 2022), and provides $50

5.A
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million to city and county law enforcement agencies for the purpose of improving officer wellness and expanding mental health sources. The allocation of funds was determined by the number of officers described in Penal Code section 830.1. The grant program provides funding for:
• Establishing officer wellness units or expanding existing officer wellness units. • Establishing peer support units or expanding peer support units • Services provided by a licensed mental health professional, counselor, or other professional that works with law enforcement.
• Expanding multiagency mutual aid programs focused on officer wellness and mental health.
• Other programs or services that are evidence based or have a successful track record of enhancing officer wellness.

The Santa Monica Police Department has one of the oldest and most progressive Peer Support Teams in the state. The program is over 25 years old and is made up of personnel from a variety of ranks both sworn and civilian performing this role collaterally to their day-to-day duties. This program allows personnel to speak with Peer Team members in a supportive and confidential setting to help them through traumas and stressors they may be experiencing. Peer Supporters respond to traumatic scenes in the field, follow up with our personnel in the station, and check in on personnel who are away from work due to injuries or administrative leaves. The Peer Supporters can also coordinate services from licensed professionals such as psychologists and therapists.

The Peer Support Team hosts group stress debriefs facilitated by licensed professionals after large scale traumatic incidents. There is confidential billing program in place that allows personnel complete confidentiality in seeing a licensed professional. This program is an effective way of encouraging personnel to seek help and support, especially for those who may be reluctant to seek help, because it is done in a manner that is truly confidential. There has been a significant increase in services being utilized since year 2020 from both the Peer Team and licensed professionals. The Peer Support Team membership was increased by 20% staffing in years 2020/2021.

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Environmental Review
Acceptance of the grant is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines, which states that CEQA does not apply, “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

Financial Impacts and Budget Actions
Staff seeks authority to accept a grant from the California Board of State and Community Corrections. If renewals are awarded, budget changes will be included in subsequent year budgets, contingent on Council budget approval.

FY 2022-23 Grant Budget Changes
Establish Revenue Budget Appropriate Funds
Account Number(s) Amount Account Number(s) Amount
20180001.405930 $141,118.62 20180001.556630 $141,118.62 Total $141,118.62 Total $141,118.62
Prepared By: Jose Arroyo, Senior Administrative Analyst Approved Forwarded to Council

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City Council
Report
City Council Meeting: March 21, 2023
Agenda Item: 5.B
1 of 4
To: Mayor and City Council
From: Edward F King, Director, Department of Transportation, Community Engagement & Customer Experience
Subject: Approval of First Modification to Contract #11059, Any Line Any Time Pass Program for Santa Monica College
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.

2. Authorize the City Manager to negotiate and execute a first modification to Contract #11059, the “Any Line, Any Time” unlimited ride transit program agreement with Santa Monica College (SMC), to extend the term of the agreement by one year through June 30, 2024, and to receive compensation in the amount of $1,129,000 from SMC for the remaining two contract years ending June 30, 2024.

Summary
The City of Santa Monica’s Department of Transportation (DoT) and Santa Monica College (SMC) have partnered since 2008 to provide unlimited bus access to any student, staff or faculty member utilizing the Any Line, Any Time unlimited ride program.

Under the agreement between the parties, DoT charges SMC a fixed annual amount for all SMC customers with a valid, activated SMC identification card bearing a current semester sticker to ride Big Blue Bus (BBB). Staff recommends executing a first modification to Agreement #11059, which will reduce the FY22-23 compensation amount from $1,258,000 to $500,000 due to the impacts of the pandemic on ridership, and add an additional year through June 30, 2024, for which SMC will compensate DoT $629,000 in FY 2023-24.

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Discussion
In 2007, before the Any Line Any Time program, SMC was the primary singleoccupancy vehicle trip generator in Santa Monica with most of its 34,300 students and 1,700 staff commuting by automobile. Insufficient parking capacity at the campus led to the need for perimeter parking at the City’s beach lots and caused significant community safety and traffic concern. As a result, SMC and the City asked for DoT’s assistance in developing a comprehensive transportation solution. Since that time, DoT and SMC have worked together to refine the BBB service delivered to SMC and to closely coordinate the integration between the SMC shuttle, Big Blue Bus service, and LA Metro rail service, all geared toward getting people out of cars and onto public transit.

The Any Line, Any Time agreement was most recently renewed in 2020 for a two-year term ending June 30, 2022. Based upon on-campus student enrollment and BBB ridership the parties agreed that SMC pay a fixed amount of $1,258,000 for FY2021-22.

The option to extend the agreement FY2022-23 was not initially exercised because of the pandemic’s impact on the number of in-person classes offered by SMC and the resulting low utilization of BBB service by SMC students. In addition, SMC decided to participate in the new GoPass pilot program launched by LA Metro for K-12 and twoyear college programs.

Recently, DoT and SMC engaged in discussions on the importance of continuing the Any Line, Any Time program and concluded that the program should continue. Due to the permanent elimination of many onsite classes resulting in a reduced number of students, staff, and faculty physically attending SMC campuses, and with BBB staff evaluating ridership trends for the first six months of the fiscal year, the parties have agreed to a new financial structure that will benefit both organizations.

The agreement acknowledges the gradual return in SMC ridership and therefore the compensation amount for FY2022-23 and FY2023-24 is less than the terms of the original agreement. DoT will use one-time federal funds to offset the short fall in

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revenue. The federal relief funds were allocated to Transit Agencies to address the adverse impact of the pandemic on transit operations and ridership. SMC will compensate DoT $500,000 for FY22/23 and $629,000 in FY23/24.

Staff recommends entering into a first modification to the SMC Any Line Any Time contract for a two-year term to provide for sustained financial planning for both SMC and DoT, as well as acknowledging the success of the program in providing a reliable mobility option to SMC students, staff, and faculty.

Past Council Actions
Meeting Date Description
7/14/2020
(attachment A)
Approval of Big Blue Bus Renewal of Any Line, Any Time
Program for Santa Monica College
Environmental Review
The agreement for the transit program would have no possibility of significant effect on the environment, and therefore, is exempt pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines.

Financial Impacts and Budget Actions
Staff seeks authority for the first modification to the agreement for the “Any Line, Any Time” unlimited ride transit program between DoT and SMC for a two-year term ending June 30, 2024 in which SMC will reimburse the City for transit services in the amount of $500,000 for FY2022-23 and $629,000 in FY2023-24. FY2022-23 projected revenues are included in the FY2022-23 Adopted Budget and will be included in the FY2023-24 Proposed Budget.

Contract Modification Request
Agreement #
Current
Authorized
Amount of
Contract
FY 2022-23
Budget Current
Authorized Amount
FY 2022-23
Budget Modified
Request Amount
Dept/CIP
Account #
Total
Revised
Contract
Amount
11059 $3,016,000
(revenue)
$1,258,000
(revenue)
$500,000
(revenue) 60600002.409830 $2,887,000(revenue)

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Prepared By: David Feinberg, Transit Government Relations Officer Approved Forwarded to Council
Attachments:

A. Approval of Big Blue Bus Renewal of Any Line, Any Time Program for Santa Monica College (Web Link)
B. SMC_Agreement 2020_CCS11059_signed

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CONTRACT No. 11059 (CCS)

PAYMENT AGREEMENT
This Payment Agreement (“Agreement”) is entered into on this 1 st day of July, 2020
by and between the City of Santa Monica (“City”), and SANTA MONICA COMMUNITY COLLEGE DISTRICT (“SMC”), with reference to the following:

RECITALS:

A. SMC desires to reduce automobile traffic to its campus and to encourage its students, staff and faculty to use mass transportation.

B. SMC and City have implemented a SMC Transit Pass Program whereby the City’s Big Blue Bus accepts SMC identification cards with semester validation stickers (an “SMC Card”) in lieu of cash payment. SMC and City entered into a Payment Agreement in 2007 for the 2007/2008 academic year and continued the program for each subsequent academic year throughout the conclusion of the 2019/2020 academic year.

C. SMC and City seek to enter into this Payment Agreement to establish terms and conditions of the SMC Transit Pass Program for the 2020/2021, 2021/2022 academic years, with an option to extend for one additional year by mutual agreement.

NOW, THEREFORE, SMC and City agree as follows:

TERMS AND CONDITIONS

1. Incorporation of Recitals. The above recitals are true and correct and are incorporated into this Agreement.

2. Term. This Agreement begins on July 1, 2020 and terminates on June 30, 2023, unless sooner terminated in accordance with Section 7 below.

3. Transportation Services. Any person who presents a valid SMC Card to the bus operator or who validates his or her card in an electronic farebox may ride the City’s Big Blue Bus without payment at the time of boarding (“Transportation Services”).

4. Fare Collection Technology. During the first twelve months of this agreement, the parties will work together to change the agreed upon fare product technology from the SMC card with magnetic stripe to a contactless fare payment technology.

Currently utilized contactless technologies at BBB include TAP (Transit Access Pass), the Los Angeles Metro sponsored regional fare technology, and mobile ticketing through two smart phone apps, Token Transit, and Transit. This process would include a possible transition to either of these two above referenced technologies, or other contactless fare payment technologies. All other terms and DocuSign Envelope ID: 3E4E9582-B15A-49AA-AB57-3C72FA87DFDB

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Attachment: SMC_Agreement 2020_CCS11059_signed (5621 : First Modification of Contract 11059, SMC Pass Program) CONTRACT No. 11059 (CCS)
conditions of this Agreement will remain unchanged in the event of a change in fare collection technology as contemplated under this Section 4.

5. Compensation. SMC agrees to pay the City for the Transportation Services in an amount not to exceed $3,016,000 (“Total Payment”), as outlined in Exhibit A of the Payment Agreement, payable within 30 days at the end of each quarter during the Term of this Agreement.

6. Notices. All payments, notices, demands, requests or approvals to be given under this Agreement must be in writing and will be deemed served when delivered personally or on the third business day after deposit thereof in the United States mail, postage prepaid, addressed as follows:

6.1 All notices, demands, requests or approvals to the City:

City of Santa Monica
Big Blue Bus
1660 7th Street
Santa Monica, California 90401
Attention: Ed King, Director of Transit Services

6.2 All notices, demands, requests or approvals to SMC:

Santa Monica Community College District
1900 Pico Boulevard
Santa Monica, CA 90405
Attention: Dr. Kathryn E. Jeffery,
Superintendent/President

7. Termination.

7.1 Termination for Cause. In the event either party fails to perform any of the provisions of this Agreement, that party shall be deemed to be in default of this Agreement. SMC’s failure to pay amounts due to the City shall be deemed to be a material default of this Agreement. The nondefaulting party shall give the defaulting party written notice of default and the steps necessary to cure the default. For a material default, the defaulting party is obligated to cure the default within five (5) calendar days upon receipt of written notice of default. For a non-material default, the defaulting party is required to cure the default within ten (10) calendar days upon receipt of written notice of default; however, if the nature of the non-material default required more than ten (10) calendar days to cure, the defaulting party shall have thirty (30) days to diligently pursue and complete a cure. If the defaulting party fails to cure a default of this Agreement as set forth above, the non-defaulting party is entitled to terminate this Agreement. Upon termination of this Agreement pursuant DocuSign Envelope ID: 3E4E9582-B15A-49AA-AB57-3C72FA87DFDB

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Attachment: SMC_Agreement 2020_CCS11059_signed (5621 : First Modification of Contract 11059, SMC Pass Program) CONTRACT No. 11059 (CCS)
to this Section 7.1, SMC shall pay City all unpaid compensation for services due up to and including the date of termination.

7.2 Termination for Convenience. Either party may terminate this Agreement without cause by giving 30 days written notice to the other party. Upon termination of this Agreement pursuant to this Section 7.2, SMC shall pay City all unpaid compensation for services due up to and including the date of termination.

8. Independent Parties. Both parties to this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint ventures of one another. Neither the City nor SMC, or its officers or employees has any control over the conduct of the other.

9. Integrated Agreement. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties. Any preliminary negotiations and agreements of any kind or nature are merged into this Agreement. No oral agreement or implied covenant may be held to vary the provisions of this Agreement. This Agreement may be modified only by written agreement signed by City and SMC and approved as to form by the City Attorney.

10. Cost of Litigation. If any legal action is necessary to enforce any provision of this Agreement or for damages by reason of any alleged breach of any provision of this Agreement, the prevailing party is entitled to receive from the losing party all reasonable costs, disbursements, and expenses, and such amounts as the court may adjudge to be reasonable attorney’s fees.

11. Prohibition Against Transfers. SMC may not assign, hypothecate, or transfer this Agreement or any interest therein directly or indirectly, by operation of law or otherwise, without the prior written consent of City. Any attempt to do so without the City’s consent will be null and void, and any assignee, hypothecate, or transferee acquires no right or interest by reason of such attempted assignment, hypothecation, or transfer.

12. Waiver. A waiver of any breach of this Agreement may not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition of this Agreement.

13. Standard of Care. City agrees to provide the Transportation Services in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions.

14. Governing Law. The laws of the State of California, without regard to any choice of law provisions, will govern this Agreement.

15. Venue and Jurisdiction. The City and SMC agree that the Transportation Services will take place in Los Angeles County. Any litigation arising out of this Agreement may only be brought in either the United States District Court, DocuSign Envelope ID: 3E4E9582-B15A-49AA-AB57-3C72FA87DFDB

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Attachment: SMC_Agreement 2020_CCS11059_signed (5621 : First Modification of Contract 11059, SMC Pass Program) CONTRACT No. 11059 (CCS)
Central District of California, or the Superior Court of California, County of Los Angeles, West District, as appropriate. The parties agree that venue exists in either court, and each party expressly waives any right to transfer to another venue. The parties further agree that either court will have personal jurisdiction over the parties to this Agreement.

16. Counterparts. The City and SMC may execute this Agreement in one or more counterparts, each of which is an original, but all of which together constitute one and the same instrument.

17. Service Levels. The City agrees to resume service on route 44 (SMC Campus Connector) during January 2021, and on route 42 (SMC/17th St Station/Montana) in June 2021. The City also agrees to increase service on route 16 (Wilshire Blvd/Bundy Dr) from every 60 minutes to every 30 minutes on or before June 2021. The City also agrees to restore Rapid 7 service (Pico Blvd) on or before June 2021. These service levels will each be maintained for one year, and then reviewed for compliance with Big Blue Bus’ City Council approved service standards. Although substandard ridership is not expected, should ridership fall below that allowed under the service standards, the routes will be reviewed for reduction in service or elimination.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written.

ATTEST:
______________________________

DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
GEORGE S. CARDONA
Interim City Attorney

CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________

LANE DILG
Interim City Manager

SANTA MONICA COMMUNITY

COLLEGE DISTRICT
By: ________________________________

CHRISTOPHER BONVENUTO
Vice President
DocuSign Envelope ID: 3E4E9582-B15A-49AA-AB57-3C72FA87DFDB

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Attachment: SMC_Agreement 2020_CCS11059_signed (5621 : First Modification of Contract 11059, SMC Pass Program) CONTRACT No. 11059 (CCS)
Exhibit A
Budget
Santa Monica College will issue the following payments over the next two academic years with one additional optional year. The payment schedule is as follows:
2020 – 2021 Academic Year
July 1, 2020 – September 30, 2020: $62,500
October 1, 2020 – December 31, 2020: $62,500
January 1, 2021 – March 31, 2021: $187,500
April 1, 2021 – June 30, 2021: $187,500
2021 - 2022 Academic Year
July 1, 2021 – September 30, 2021: $314,500
October 1, 2021 – December 31, 2021: $314,500
January 1, 2022 – March 31, 2022: $314,500
April 1, 2022 – June 30, 2022: $314,500
2022 - 2023 Academic Year
July 1, 2022 – September 30, 2022: $314,500
October 1, 2022 – December 31, 2022: $314,500
January 1, 2023 – March 31, 2023: $314,500
April 1, 2023 – June 30, 2023: $314,500
DocuSign Envelope ID: 3E4E9582-B15A-49AA-AB57-3C72FA87DFDB

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Attachment: SMC_Agreement 2020_CCS11059_signed (5621 : First Modification of Contract 11059, SMC Pass Program) City Council
Report
City Council Meeting: March 21, 2023
Agenda Item: 10.A
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To: Mayor and City Council
From: David Martin, Director, City Planning
Subject: Housing Element Implementation
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding that 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) and Addendum, and no further review pursuant to the California Environmental Quality Act (CEQA);

4. Adopt Resolution Amending the Text of the Bergamot Area Plan for Consistency with the Goals, Policies and Programs set forth in the 6th Cycle (2021-2029) Housing Element;

6. Introduce for First Reading of an Ordinance Amending the Text of the Zoning Ordinance for Consistency with the Goals, Policies, and Programs set forth in the 6th Cycle (2021-2029) Housing Element; for Consistency with Updates to State Law Related to Housing Production and Minimum Parking Requirements; and to Make Minor Changes, Clarifications and Corrections Including Modifications to Parcel Coverage Limitations for Existing Structures in the R1 (Single-Unit) District and Modifications to the Standards for Accessory Structures;

7. Adopt Resolution Amending the General Plan Land Use Map for Consistent Designation of Identified Parcels;

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8. Introduction for First Reading of an Ordinance Amending the Official Districting Map for Consistent Designation of Identified Parcels;

9. Introduction and First Reading of an Ordinance Amending the Official Districting Map for Properties Located at 1811 Warwick and 1808 34th Avenue; and

Summary
On October 14, 2022, the State of California’s Housing and Community Development Department (HCD) certified the City’s 6th Cycle 2021-2029 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 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. 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 below per their implementation deadlines. Implementation of other Housing Element programs will be forthcoming in accordance with the timelines adopted in the Housing Element.

Program Name Implementation
Deadline per
certified
Housing
Element
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

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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
On February 22 and February 28, 2023 Council held study sessions, discussed key policy questions, and provided direction to staff regarding proposed amendments to the Land Use and Circulation Element, Bergamot Area Plan, Downtown Community Plan, and Zoning Ordinance. Council directed staff to:
• Return with amendments to the LUCE, BAP, DCP, and Zoning Ordinance that implement Housing Element programs as recommended by the Planning Commission;
• Submit a letter to HCD requesting technical assistance regarding upzoning of the Neighborhood Commercial (NC) Zone;
• Mitigate NC Zone concerns by revising the draft zoning code redlines to insert a limit on lot consolidation in the NC Zone; and
• Return with a proposal for timelines to process housing projects.

This report presents the proposed amendments implementing Housing Element programs noted above, as directed by the City Council for adoption. The letter to HCD

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has been prepared and is currently under review as of publication of this report. It is expected that the letter will be submitted to HCD no later than March 24, 2023.

Background
City Council Direction on Proposed Amendments
The following table presents the key policy question discussed at the February 22 meeting, Council’s direction, and changes that were made to the proposed redlines that were published at the February 22, 2023 Council meeting.

Policy Question Council Direction Changes to
Redlines

1. 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
consistent with the Housing Accountability
Act?
Yes None

2. 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?
Yes None

3. Should the administrative approval
threshold for housing projects in
Downtown be changed from 90,000
square feet (sf) project size to a site size
of 1 acre, consistent with the remainder of
the city?
Yes Yes

4. For consistency with development
standards established for housing projects
outside of Downtown, should the tier
system in Downtown be eliminated for
housing projects?
Yes None

5. In light of public comments from housing
developers and the Planning Commission
expressing concern regarding increased
development/construction costs and State
law parameters (AB1505) related to
inclusionary requirements that exceed
15%, should the affordable housing
requirement for Downtown housing project
be lowered from 20% to 15% consistent
Yes None

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with the remainder of the city?

6. In addition to what is already required for
Main Street and Montana Avenue, should
ground floor commercial also be required
in the Neighborhood Commercial zones
on Pico Boulevard and Ocean Park
Boulevard?
Yes None

7. The Moderate Income Housing Overlay
(MHO) was originally applied only to halfmile from the Expo Stations. Should the MHO Overlay be expanded citywide
instead excluding R1 and OP1 zoning
districts?
Yes None

8. Should MHO Projects allow some
percentage of market rate units?
Yes None

9. Expanding on AB 2097 and for ease of
implementation, should minimum parking
requirements be eliminated for all housing
projects, alterations/additions to multi-unit
buildings, and ADUs citywide, except for
R1 zones?
Yes None

10.Should parking maximums within ½ mile of
transit and for housing projects outside of
½ mile of transit be eliminated outside of
Downtown?
Yes None

11.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?
Yes (except that
only the affordable
housing fee shall be
waived. All other
impact fees shall
continue to apply.)
Yes
In addition to the above direction regarding the key policy questions, Council further directed staff to include a lot consolidation limit for NC Zones except for parcels on the Suitable Sites Inventory (SSI) in the proposed zoning amendments in order to mitigate the impacts of upzoning the NC Zone. Staff reviewed lots sizes across the NC Zones on Main Street, Ocean Park Boulevard, Montana Avenue, and Pico Boulevard in order to understand potential lot consolidation limits. 15,000 sf is generally a minimum parcel size that would physically support housing development. As indicated below, each of the NC Zone areas under discussion have some existing parcels that are 15,000 sf and greater. As a result, staff recommends establishing a lot consolidation limit of 15,000 sf in the NC Main, Montana, Ocean Park, and Pico areas. Establishing a lot consolidation

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limit of less than 15,000 sf would effectively eliminate almost all opportunities to consolidate NC parcels and severely constrain housing production, potentially conflicting with the certified Housing Element. The 15,000 sf limit would support the preservation of the majority of small-scale businesses in these NC areas, and also represents the site size typically needed to support housing. This approach balances existing commercial activity with ensuring that some housing opportunities remain in each commercial district.

Main Street Ocean Park Blvd Pico Blvd Montana Ave
Lot
Count %
Lot
Count %
Lot
Count %
Lot
Count %
Under 15,000sf 87 94% 39 72% 94 87% 75 90%
15,000 sf and
greater 6 6% 15 28% 14 13% 8 10%
Average Size 5,772 sf 12,436 sf 7,690 sf 8,124 sf
At the February 28, 2023, City Council study session, the Council further discussed three issues related to streamlined approvals of housing projects, streamlined design review, and special incentives for redevelopment of residentially-zoned surface parking lots. None of the motions passed. The only major Council direction that resulted from these discussions was for staff to return with an alternative proposal for processing timelines in lieu of codifying processing timelines.

Discussion
Alternative Proposal for Processing Timelines
At the February 22, 2023, study session, Council directed staff to return with a proposal for processing timelines for housing projects. Council discussed that a goal would be to create certainty for applicants in the permitting process. As a result, staff proposes the creation of administrative guidelines with processing timeline goals that would expand upon and continue timelines established by Senate Bill 330 (SB 330) that would be published on the website, similar to how the City communicates anticipated plan check (building permit) turnaround times. The anticipated processing timelines for housing projects would be as follows:
• Application submittal completeness determination – 30 days (pursuant to SB 330)

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• Code compliance review to deliver written comments after application determined complete:
o Projects with 150 units or less – 30 days (pursuant to SB 330) o Projects larger than 150 units – 60 days (pursuant to SB 330) • Subsequent turn around times to deliver written comments after receipt of revised plans from applicant:
o Projects with 150 units or less – 30 days
o Projects larger than 150 units – 60 days
• Timeline to receive final determination once project has been determined to be code compliant:
o Projects with 150 units or less – 30 days
o Projects larger than 150 units – 30 days
The above timelines represent City targets and does not commit the City to any particular action(s) including, but not limited to, approval of projects if such targets are not met. The timelines also account for formal design review by the Architectural Review Board, which must occur before project approval.

Reconciling LUCE/Zoning Map Inconsistencies
Staff has identified 40 parcels 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. SB 330 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 where the zoning ordinance is inconsistent with the density allowed under the general plan, the greater density standard shall prevail [Government Code Section 65915(o)].

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Map showing Parcels with LUCE/Zoning Inconsistencies
Attachment E provides a listing of the 40 parcels to be rezoned and/or redesignated and includes the redistricting maps for the LUCE and the Zoning Ordinance.

Other Clarifying Amendments
In the course of preparing proposed amendments, Staff identified areas in the Zoning Ordinance that have repeatedly been misunderstood by applicants. The proposed changes to development standards do not change the meaning or implementation of the development standards but are simply being proposed to ensure clearer understanding and reading of the language by staff and applicants. These amendments include, but are not limited to, clarification of projections into daylight plane and setbacks, nonsubstantive R1 Zone changes, and parking/loading design standards. In addition, as the redline amendments were being prepared for final adoption, staff incorporated amendments to the Zoning Ordinance adopted by the Council in October 2022 (Attachment I) related to economic recovery and made non-substantive changes for

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clarity and to correct inconsistencies and clerical errors. Staff also made additional clarifying amendments to SMMC Chapter 9.22 (Density Bonus) for consistency with State Law updates that went into effect on January 1, 2023 as well as recent judicial guidance interpreting State Density Bonus Law.

Emergency Interim Zoning Ordinance Extension of Streamlined Approvals for Housing Projects
On April 12, 2022, Council adopted Interim Zoning Ordinance 2692 (“IZO”) extending interim procedures authorizing an administrative process with no public hearing for 100% affordable housing projects and Tier 2 housing projects compliant with the Housing Accountability Act (“HAA”) on parcels of 43,560 square feet (1 acre) or less that meet all objective general plan, zoning, and subdivision standards and criteria in effect at the time the project application is deemed complete.

Supporting housing production, particularly affordable housing, has long been a core policy focus for the City and is embedded in the City’s adopted land use plans including the 2010 Land Use and Circulation Element, 2013 Bergamot Area Plan, and 2017 Downtown Community Plan. These plans have been implemented through the 2015 Zoning Ordinance Update and subsequent amendments. The 6th Cycle (2021-2029) Housing Element was certified by the California Department of Housing and Community Development (HCD) on October 14, 2022. Program 1.A in the certified Housing Element requires that the City make permanent the provisions of the IZO. The IZO is due to expire on March 31, 2023, which would be before the effective date of Zoning Code changes implementing the Housing Element.

As a result, staff proposes to extend the IZO until June 30, 2023 to provide the time necessary for Housing Element implementation to become effective through zoning changes. With the economic challenges brought by the COVID-19 pandemic, there is even more need to ensure that affordable housing and housing production continues to be supported through a streamlined process. Within the context of California’s housing crisis and the continued urgent need to produce affordable housing, staff recommends

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extension of the IZO to continue to support housing production while providing the time necessary to accomplish the entire Housing Element certification and initial phase of zoning changes.

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.

The proposed extension of the Urgency Interim Zoning Ordinance establishing application process thresholds for 100% affordable housing projects and Tier 2 housing projects on parcels of 43,560 sf or less that are compliant with the Housing Accountability Act are categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State Implementation Guidelines (common sense exemption). Based on the evidence in the record, it can be seen with certainty that there is no possibility that the proposed changes may have a significant effect on the environment. The recommended amendments represent procedural changes in how projects are reviewed and do not substantively affect the policy decisions regarding development standards or land use regulations made with the City Council’s adoption of the 2015 Zoning Ordinance Update. Therefore, no further environmental review under CEQA 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 its certified Housing Element and falls out of compliance with Housing Element law, the City would

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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.

Prepared By: Rachel Kwok, Environmental Planner
Approved Forwarded to Council
Attachments:

A. Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123
B. Attachment B_CDD-Reso-6th Cycle HE (BAP) 032123
C. Attachment C_CDD-Reso-6th Cycle HE (DCP) 032123
D. Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised E. Attachment F_CDD-Ord-Zoning Map Amendments 032123
F. Attachment E_CDD-Reso-Map Amendments (LUCE) 032123
G. Attachment G_CDD-Ord-1811 Warwick 1808 34th Zone Changes 032123 H. Attachment H_CDD-Housing Process Thresholds 4th IZO Extension 03.21.2023 I. Attachment I_February 22, 2023 City Council Staff Report J. Attachment J_October 11, 2022 City Council Staff Report K. Written Comment
L. PowerPoint Presentation
M. Councilmember Zwick's Presentation

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1 City Council Meeting: March 21, 2023 Santa Monica, California RESOLUTION NUMBER _____ (CCS)
(City Council Series)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA

AMENDING THE LAND USE AND CIRCULATION ELEMENT OF THE GENERAL

PLAN FOR CONSISTENCY WITH THE GOALS, POLICIES AND PROGRAMS SET FORTH IN THE 6TH CYCLE (2021-2029) HOUSING ELEMENT
WHEREAS, on July 6, 2010, the City Council adopted the Land Use and Circulation Element of the City’s General Plan (“LUCE”), which designates the proposed general distribution, location, and extent of land uses within the City; and WHEREAS, the LUCE was adopted after an extensive planning process, and addresses neighborhood conservation and enhancement; integrated land use and transportation; proactive congestion management; complete neighborhoods with increased open space; community benefits; quality urban character and form; preservation of historic resources; and growth management; and WHEREAS, the LUCE differs from prior Land Use and Circulation elements, in part, by establishing a direct link between land use and transportation policies and programs and establishing new development policies and standards to ensure that quality development contributes to the character of the City; and WHEREAS, the Housing Element Law, California Government Code Sections 65580 et seq., requires the City to review and update the Housing Element of its General Plan every eight years; and
WHEREAS, the State is experiencing a housing supply crisis, with housing demand far outstripping supply; and

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Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element Implementation (120 mins)) 2 WHEREAS, in 2018, California ranked 49th out of the 50 states in housing units per capita; and
WHEREAS, the housing crisis has particularly exacerbated the need for affordable homes at prices below market rates; and
WHEREAS, the housing crisis has resulted in increased poverty and homelessness, especially first-time homelessness, forced lower income residents into crowded and unsafe housing in urban areas, and forced families into lower cost new housing in greenfields at the urban-rural interface with longer commute times and a higher exposure to fire hazard; and
WHEREAS, California needs an estimated 180,000 additional homes annually to keep up with population growth, and the Governor has called for 3.5 million new homes to be built over 7 years; and
WHEREAS, the City has received a Regional Housing Needs Assessment (“RHNA”) allocation for the 6th Cycle Housing Element of approximately 8,895 housing units, with approximately 70 percent allocated as affordable housing; and WHEREAS, this RHNA allocation will require the City to permit approximately 1,000 housing units annually between 2021 and 2029, 700 of which are required to be affordable housing, representing an increase of approximately five times over the City’s RHNA allocation for the 5th Cycle (2013-2021) Housing Element; and WHEREAS, in September 2020, the City commenced a public outreach process for the 6th Cycle Housing Element, which has consisted of creation of a dedicated website, presenting informational webinars, seeking input through questionnaires and surveys, forming two technical working groups, and conducting a series of study sessions

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Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element Implementation (120 mins)) 3 with the Planning Commission, Housing Commission, Rent Control Board, and the City Council; and
WHEREAS, on or about May 24, 2021, City staff published a Draft 6th Cycle Housing Element (“Draft Housing Element”); and
WHEREAS, on June 2 and 3, 2021, the Planning Commission conducted a public hearing on the Draft Housing Element and made recommendations to the City Council; and
WHEREAS, on June 15, 2021, the City Council conducted a public hearing to discuss the Draft Housing Element and directed staff to transmit the Draft Housing Element to the California Department of Housing and Community Development (“HCD”) with revisions; and
WHEREAS, on July 1, 2021, City staff transmitted the Draft Housing Element, as revised by the City Council, to HCD for a 60-day review period; and WHEREAS on August 4, 2021, in accordance with Santa Monica Municipal Code Section 9.45.060(A), the Planning Commission adopted a Resolution of Intention, Resolution Number 21-006 (PCS), declaring its intention to consider recommending to the City Council that the City Council adopt the 6th Cycle (2021-2029) Housing Element of the City’s General Plan and amendments to the Land Use and Circulation of the City’s General Plan, the Bergamot Area Plan and the Downtown Specific Plan for consistency with the goals, policies and programs set forth in the Housing Element; and WHEREAS, on August 30, 2021, in accordance with Government Code Section 65585, HCD issued a letter to report on its review of the Draft Housing Element; and

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Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element Implementation (120 mins)) 4 WHEREAS, HCD’s review concluded that the draft Housing Element addressed many statutory requirements, but that revisions would be necessary to substantially comply with State Housing Element Law; and
WHEREAS, in its review letter, HCD set forth recommended revisions to the Draft Housing Element to, among other things, provide additional information and analysis of the City’s: housing needs, resources, and constraints related to fair housing; population and employment trends; household characteristics; Suitable Sites Inventory (“SSI”); zoning regulations for a variety of housing types; governmental and nongovernmental constraints on housing; special housing needs; and “at risk” housing units; and WHEREAS, HCD further recommended that the City make revisions to housing programs set forth in the Draft Housing Element to: demonstrate adequate capacity for the RHNA allocation; address, and where legally possible, remove, constraints to the maintenance, improvement and development of housing; promote and affirmatively further fair housing; and preserve assisted housing development for low-income households; and
WHEREAS, on September 8, 2021, the Planning Commission held a discussion to consider HCD’s review and recommendations and to discuss concepts that would address those recommendations; and
WHEREAS, on September 20, 2021, the Planning Commission conducted a discussion to review proposed revisions to the Draft Housing Element to address HCD’s recommendations; and
WHEREAS, on September 24, 2021, Planning Commission conducted a duly noticed public hearing, and after considering oral and written testimony, adopted a

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Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element Implementation (120 mins)) 5 Resolution of Recommendation, Resolution Number 21-011 (PCS), recommending to the City Council that the City Council adopt the 6th Cycle Housing Element; and WHEREAS, on October 12, 2021, the City Council conducted a duly noticed public hearing to consider HCD’s comments and the recommendation of the Planning Commission, and, after considering oral and written testimony, adopted the 6th Cycle (2021-2029) Housing Element, which the City transmitted to HCD for review and certification; and
WHEREAS, on February 8, 2022, the City received a letter from HCD determining that although the Adopted 6th Cycle Housing Element addressed “many statutory requirements,” “revisions would be necessary to comply with State Housing Element Law”; and
WHEREAS, the City immediately began efforts to address HCD’s letter, including scheduling a teleconference with HCD staff on February 14, 2022 to determine the City’s required next steps in order to achieve an HCD-compliant Housing Element and conducting a Study Session with the Planning Commission on March 2, 2022; and WHEREAS, since that February 14, 2022 teleconference, the City has continued to meet with HCD on a consistent basis, including most recently on August 18, 2022, in an effort to work toward addressing HCD’s concerns to allow for the submission of a compliant Housing Element; and
WHEREAS, the City also initiated other efforts to bring the 6th Cycle Housing Element into compliance, including an April 26, 2022 study session with Council, and Study Sessions with the Planning Commission on May 11 and June 1, 2022; and

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Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element Implementation (120 mins)) 6 WHEREAS, in consideration of the comments received in the February 8, 2022 letter, consultations with HCD, and input received during study sessions with the City Council and Planning Commission, City staff prepared draft redline revisions to the Housing Element to primarily: 1) make technical revisions; 2) address affirmatively furthering fair housing obligations; and 3) strengthen the City’s commitment to development of affordable housing on City-owned sites; and WHEREAS on June 15, 2022, the Planning Commission considered the draft redline amendments to the 6th Cycle Housing Element in response to HCD’s comments, that, among other things, made technical revisions, and proposed amendments to the element’s affirmatively furthering fair housing requirements and program related to Cityowned sites, made recommended revisions, and recommended that the City Council direct staff to transmit the redline revisions to HCD for review; and WHEREAS, on June 21, 2022, the City Council reviewed the draft revisions to the 6th Cycle Housing Element, made recommended revisions, and directed staff to transmit to HCD for review and comment; and
WHEREAS, on July 8, 2022, the City submitted the draft revised Housing Element to HCD for review and comment; and
WHEREAS, on September 6, 2022, HCD issued a letter determining that the draft revised Housing Element will comply with State Housing Element Law once adopted, submitted to, and reviewed by, HCD; and
WHEREAS, AB 1398, which became effective on January 1, 2022, requires local governments that did not adopt a 6th Cycle Housing Element that HCD determined to be in substantial compliance with State Housing Element Law within 120 days of the

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Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element Implementation (120 mins)) 7 statutory deadline for adoption to rezone to accommodate the local government’s RHNA for the 6th Cycle within one year of the statutory deadline; and WHEREAS, in accordance with AB 1398, the June 21, 2022 amended draft of the 6th Cycle Housing Element sets forth implementation dates for rezoning and related programs as of October 15, 2022, one-year after the City’s statutory deadline of October 15, 2021; and
WHEREAS, on June 30, 2022, SB 197 amended the Government Code to add Section 65583.4, which extends the one-year deadline for rezoning set forth in AB 1398 to three years, or October 15, 2024, for local governments that meet certain conditions, including adopting a 6th Cycle Housing Element that is compliant with State Housing Element law within one year of the statutory deadline, or October 15, 2022; and WHEREAS, implementation dates for the June 21, 2022 draft amended 6th Cycle Housing Element have been updated to allow for an extension for rezoning should the City meet all conditions set forth in Government Code Section 65583.4; and WHEREAS, on September 22, 2022, Planning Commission conducted a duly noticed public hearing to consider recommending to the City Council that the City Council adopt the amended 6th Cycle Housing Element, and after considering oral and written testimony, adopted Resolution Number 22-018 (PCS) recommending that the City Council adopt the amended the 6th Cycle Housing Element; and WHEREAS, on September 26, 2022, in accordance with Government Code Section 65585(b), the City posted the final draft of the amended 6th Cycle Housing Element incorporating the Planning Commission’s recommendations for updated implementation dates on the City’s website for public review, and emailed a link to all

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Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element Implementation (120 mins)) 8 individuals and organizations that previously requested notices relating to the City’s 6th Cycle Housing Element; and
WHEREAS, on October 11, 2022, the City Council conducted a duly-noticed public hearing to consider adopting the amended 6th Cycle Housing Element, and after considering oral and written testimony, adopted Resolution Number 11469 (CCS), adopting an amended 6th Cycle Housing Element, which was certified by the State on October 14, 2022; and
WHEREAS, the Housing Element includes a variety of programs intended to achieve goals and policies related to new housing production for all income categories and the preservation of existing housing, ensuring there is equitable housing access to all neighborhoods, housing for the homeless including housing assistance and supportive services to low-income households, and eliminating housing discrimination; and WHEREAS, the Housing Element sets forth a range of goals, policies and programs, including, but not limited to, procedural changes related to streamlining the review of housing projects, updating development standards and the Affordable Housing Production Program (“AHPP”) to ensure housing projects are feasible, providing opportunities for housing in areas of the City that do not currently permit housing, incentivizing housing in areas of the City that have not historically supported housing production, amending the City’s density bonus ordinance to ensure consistency with State law and integration into the City’s land use system, and committing to the production of affordable housing on City-owned/publicly owned land; and WHEREAS, the Housing Element requires the City to implement certain programs through amendments to the Land Use and Circulation Element of the General Plan, the

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Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element Implementation (120 mins)) 9 Bergamot Area Plan, the Downtown Community Plan, and the Zoning Ordinance in phases, subject to specified deadlines; and
WHEREAS, the City desires to undertake the first phase of implementation for consistency with the goals, policies, and programs set forth in the 6th Cycle Housing Element, including all or portions of Programs 1A, By-Right Approvals for Housing Projects; 1B, Streamline the Architectural Review Process and Ensure Design Review Objectivity for Housing Projects; 1C, Incentivize Housing Development on Surface parking Lots in Residential Zones; 1D, Reduce Minimum Parking Requirements for Housing Projects; 1F, Revise the Downtown Community Plan Development Standards to Support Housing Projects; 1G, Incentivize and Facilitate the Development of Accessory Dwelling Units through an ADU Accelerator Program; 1J, Rezoning by Revising Development Standards to Ensure that Housing Projects are Feasible and Incentivized Over Commercial Development; 2A, Establish a Moderate-Income Affordable Housing Overlay; 2C, Update the City’s Affordable Housing Production Program to Increase the Number of Affordable Housing Units at all Income Levels; 2D, Update Density Bonus Ordinance to Ensure Consistency with State Law and Integration into the City’s Land Use System; 4A, Zoning Ordinance Amendment to Permit Multiple-Unit Housing in NonResidential Zones Where Not Currently Permitted; 4B, Facilitate the Development of Housing on Surface Parking Lots Owned by Community Assembly Uses; and 4C, Provide New Housing Choices and Affordability in High Opportunity Areas Through Incentives for Additional ADUs in R1-Zone Neighborhoods; and
WHEREAS, on February 1, 2023, the Planning Commission conducted a dulynoticed public hearing to consider its recommendation to the City Council, and after

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Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element Implementation (120 mins)) 10 considering oral and written testimony regarding the proposed amendments to the text of the LUCE, adopted a Resolution of Recommendation, Resolution Number 23-002 (PCS), recommending to the City Council amend the LUCE to ensure consistency with the first phase of Housing Element implementation; and
WHEREAS, on March 21, 2023, the City Council conducted a duly noticed public hearing to consider the recommendation of the Planning Commission, and, after considering all oral and written testimony, desires to adopt the proposed amendments to the LUCE.

NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:

SECTION 1. Amendments to the text of the Land Use and Circulation Element of the City’s General Plan. Pursuant to Santa Monica Municipal Code Section

9.45.080, the City Council does hereby amend the Land Use and Circulation Element of the General Plan for consistency with the goals, policies, and programs set forth in the 6th Cycle Housing Element, including all or portions of Programs 1A, By-Right Approvals for Housing Projects; 1B, Streamline the Architectural Review Process and Ensure Design Review Objectivity for Housing Projects; 1C, Incentivize Housing Development on Surface parking Lots in Residential Zones; 1D, Reduce Minimum Parking Requirements for Housing Projects; 1F, Revise the Downtown Community Plan Development Standards to Support Housing Projects; 1G, Incentivize and Facilitate the Development of Accessory Dwelling Units through an ADU Accelerator Program; 1J, Rezoning by Revising Development Standards to Ensure that Housing Projects are Feasible and Incentivized Over Commercial Development; 2A, Establish a Moderate-Income Affordable Housing

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Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element Implementation (120 mins)) 11 Overlay; 2C, Update the City’s Affordable Housing Production Program to Increase the Number of Affordable Housing Units at all Income Levels; 2D, Update Density Bonus Ordinance to Ensure Consistency with State Law and Integration into the City’s Land Use System; 4A, Zoning Ordinance Amendment to Permit Multiple-Unit Housing in NonResidential Zones Where Not Currently Permitted; 4B, Facilitate the Development of Housing on Surface Parking Lots Owned by Community Assembly Uses; and 4C, Provide New Housing Choices and Affordability in High Opportunity Areas Through Incentives for Additional ADUs in R1-Zone Neighborhoods, as set forth in Exhibit A.

SECTION 2. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:
_________________________

DOUGLAS SLOAN
City Attorney

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Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element Implementation (120 mins)) 12 EXHIBIT A
Amendments to the Land Use and Circulation Element of the General Plan for consistency with the Goals, Policies, and Programs Set Forth in the 6th Cycle (2021-2029) Housing Element
[BEHIND THIS PAGE]

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Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element Implementation (120 mins))

AMENDMENTS 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_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element

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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Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element

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.

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Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element 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, exclusive of any State or local density bonuses. 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, exclusive of any State or local density bonuses.
▪ 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

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Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element 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. ▪ 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, exclusive of any State or local density bonuses. ▪ 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_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element

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_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element 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.

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Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element 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.

3.0 FAR on Lincoln Boulevard, exclusive of any State or local density bonuses. ▪ 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_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element 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_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element 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, exclusive of any State or local density bonuses. 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_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element 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 heightin height with a 2.50 FAR, exclusive of any State or local density bonuses. 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, exclusive of any State or local density bonuses.
▪ One hundred percent affordable housing projects will continue to be provided existingreceive development incentives, including but not limited to: greater building height 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.

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Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element 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 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_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element 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)

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_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element

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_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element 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, exclusive of any State or local density bonuses. 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

10.A.a
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Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element 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_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element 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, exclusive of any State or local density bonuses. 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, exclusive of any State or local density bonuses.

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Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element ▪ 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.

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

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Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element alley, and from that point, extending at a 45-degree angle from vertical towards the interior of the site. (see Figure 32)

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))

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Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element ▪ 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 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
Development Parameters
Height and FAR with associated setback and step back standards for the Industrial Conservation designation

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Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element &
Commerce:

Industrial
Conservation
are:

NON-HOUSING PROJECTS
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, exclusive of any State or local density bonuses. 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.

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Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element ▪ 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) ▪ 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

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Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element projects, may occur. The Specific Plan will establish appropriate development standards, however, the following standards are applicable during the intervening period.

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, exclusive of any State or local density bonuses..

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Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element 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 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:

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Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element 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:
▪ 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 GOALS AND POLICIES

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Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element Wilshire
Boulevard
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 (non10.A.a Packet Pg. 97
Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element 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_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element 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_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element 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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Packet Pg. 100 Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element 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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Packet Pg. 101 Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element 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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Packet Pg. 102 Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element 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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Packet Pg. 103 Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element 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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Packet Pg. 104 Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element 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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Packet Pg. 105 Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element 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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Packet Pg. 106 Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element neighborhood.
(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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Packet Pg. 107 Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element 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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Packet Pg. 108 Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element 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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Packet Pg. 109 Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element 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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Packet Pg. 110 Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element District
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. 111 Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element 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. 112 Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element 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. 113 Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element 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. 114 Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element 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. 115 Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element 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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Packet Pg. 116 Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element

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. 117 Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element 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. 118 Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element 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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Packet Pg. 119 Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element

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. 120 Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element 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. 121 Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element 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. 122 Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element ▪ 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. 123 Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element 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. 124 Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element 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. 125 Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element 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. 126 Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element

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. 127 Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element 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. 128 Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element 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. 129 Attachment: Attachment A_CDD-Reso-6th Cycle HE (LUCE) 032123 [Revision 1] (5570 : Housing Element 1 City Council Meeting: March 21, 2023 Santa Monica, California RESOLUTION NUMBER ______ (CCS)
(City Council Series)

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA

MONICA RECOMMENDING TO THE CITY COUNCIL THAT THE CITY COUNCIL

AMEND THE BERGAMOT AREA PLAN FOR CONSISTENCY WITH THE GOALS, POLICIES AND PROGRAMS SET FORTH IN THE 6TH CYCLE HOUSING ELEMENT WHEREAS, on September 11, 2013, the City Council adopted the Bergamot Area Plan (“BAP”), which provides policies and standards to transition 142.5 acres of former industrial lands into an arts-focused, transit-oriented, mixed use pedestrian-oriented neighborhood anchored by the Bergamot Exposition Light Rail Station; and WHEREAS, the BAP envisions creating the City’s most sustainable neighborhood—one that both conserves the authentic, industrial character that has fostered a creative community in the area and removes barriers to housing, local restaurants, and local services to take full advantage of the arrival of the Exposition Light Rail; and
WHEREAS, the BAP encourages and creates opportunities to develop appropriate housing for all members of the community, with a target of at least 30% of housing affordable to people earning between 30% and 180% of the area median income; and WHEREAS, the Housing Element Law, California Government Code Sections 65580 et seq., requires the City to review and update the Housing Element of its General Plan every eight years; and
WHEREAS, the State is experiencing a housing supply crisis, with housing demand far outstripping supply; and

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Packet Pg. 130 Attachment: Attachment B_CDD-Reso-6th Cycle HE (BAP) 032123 [Revision 2] (5570 : Housing Element Implementation (120 mins)) 2 WHEREAS, in 2018, California ranked 49th out of the 50 states in housing units per capita; and
WHEREAS, the housing crisis has particularly exacerbated the need for affordable homes at prices below market rates; and
WHEREAS, the housing crisis has resulted in increased poverty and homelessness, especially first-time homelessness, forced lower income residents into crowded and unsafe housing in urban areas, and forced families into lower cost new housing in greenfields at the urban-rural interface with longer commute times and a higher exposure to fire hazard; and
WHEREAS, California needs an estimated 180,000 additional homes annually to keep up with population growth, and the Governor has called for 3.5 million new homes to be built over 7 years; and
WHEREAS, the City has received a Regional Housing Needs Assessment (“RHNA”) allocation for the 6th Cycle Housing Element of approximately 8,895 housing units, with approximately 70 percent allocated as affordable housing; and WHEREAS, this RHNA allocation will require the City to permit approximately 1,000 housing units annually between 2021 and 2029, 700 of which are required to be affordable housing, representing an increase of approximately five times over the City’s RHNA allocation for the 5th Cycle (2013-2021) Housing Element; and WHEREAS, in September 2020, the City commenced a public outreach process for the 6th Cycle Housing Element, which has consisted of creation of a dedicated website, presenting informational webinars, seeking input through questionnaires and surveys, forming two technical working groups, and conducting a series of study sessions

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Packet Pg. 131 Attachment: Attachment B_CDD-Reso-6th Cycle HE (BAP) 032123 [Revision 2] (5570 : Housing Element Implementation (120 mins)) 3 with the Planning Commission, Housing Commission, Rent Control Board, and the City Council; and
WHEREAS, on or about May 24, 2021, City staff published a Draft 6th Cycle Housing Element (“Draft Housing Element”); and
WHEREAS, on June 2 and 3, 2021, the Planning Commission conducted a public hearing on the Draft Housing Element and made recommendations to the City Council; and
WHEREAS, on June 15, 2021, the City Council conducted a public hearing to discuss the Draft Housing Element and directed staff to transmit the Draft Housing Element to the California Department of Housing and Community Development (“HCD”) with revisions; and
WHEREAS, on July 1, 2021, City staff transmitted the Draft Housing Element, as revised by the City Council, to HCD for a 60-day review period; and WHEREAS on August 4, 2021, in accordance with Santa Monica Municipal Code Section 9.45.060(A), the Planning Commission adopted a Resolution of Intention, Resolution Number 21-006 (PCS), declaring its intention to consider recommending to the City Council that the City Council adopt the 6th Cycle (2021-2029) Housing Element of the City’s General Plan and amendments to the Land Use and Circulation of the City’s General Plan, the Bergamot Area Plan and the Downtown Specific Plan for consistency with the goals, policies and programs set forth in the Housing Element; and WHEREAS, on September 24 and October 12, 2021 City staff presented HCD’s comments and requested revisions for consideration prior to adoption of the final 6th Cycle Housing Element; and

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Packet Pg. 132 Attachment: Attachment B_CDD-Reso-6th Cycle HE (BAP) 032123 [Revision 2] (5570 : Housing Element Implementation (120 mins)) 4 WHEREAS, on October 12, 2021, the City Council conducted a duly noticed public hearing to consider HCD’s comments and the recommendation of the Planning Commission, and, after considering oral and written testimony, adopted the 6th Cycle (2021-2029) Housing Element, which has been transmitted to HCD for review and certification (the “Housing Element”); and
WHEREAS, on February 8, 2022, the City received a letter from HCD determining that although the Adopted 6th Cycle Housing Element addressed “many statutory requirements,” “revisions would be necessary to comply with State Housing Element Law”; and
WHEREAS, the City immediately began efforts to address HCD’s letter, including scheduling a teleconference with HCD staff on February 14, 2022 to determine the City’s required next steps in order to achieve an HCD-compliant Housing Element and conducting a Study Session with the Planning Commission on March 2, 2022; and WHEREAS, since that February 14, 2022 teleconference, the City has continued to meet with HCD on a consistent basis, including most recently on August 18, 2022, in an effort to work toward addressing HCD’s concerns to allow for the submission of a compliant Housing Element; and
WHEREAS, the City also initiated other efforts to bring the 6th Cycle Housing Element into compliance, including an April 26, 2022 study session with Council, and Study Sessions with the Planning Commission on May 11 and June 1, 2022; and WHEREAS, in consideration of the comments received in the February 8, 2022 letter, consultations with HCD, and input received during study sessions with the City Council and Planning Commission, City staff prepared draft redline revisions to the

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Packet Pg. 133 Attachment: Attachment B_CDD-Reso-6th Cycle HE (BAP) 032123 [Revision 2] (5570 : Housing Element Implementation (120 mins)) 5 Housing Element to primarily: 1) make technical revisions; 2) address affirmatively furthering fair housing obligations; and 3) strengthen the City’s commitment to development of affordable housing on City-owned sites; and WHEREAS on June 15, 2022, the Planning Commission considered the draft redline amendments to the 6th Cycle Housing Element in response to HCD’s comments, that, among other things, made technical revisions, and proposed amendments to the element’s affirmatively furthering fair housing requirements and program related to Cityowned sites, made recommended revisions, and recommended that the City Council direct staff to transmit the redline revisions to HCD for review; and WHEREAS, on June 21, 2022, the City Council reviewed the draft revisions to the 6th Cycle Housing Element, made recommended revisions, and directed staff to transmit to HCD for review and comment; and
WHEREAS, on July 8, 2022, the City submitted the draft revised Housing Element to HCD for review and comment; and
WHEREAS, on September 6, 2022, HCD issued a letter determining that the Draft Revised Housing Element will comply with State Housing Element Law once adopted, submitted to, and reviewed by, HCD; and
WHEREAS, AB 1398, which became effective on January 1, 2022, requires local governments that did not adopt a 6th Cycle Housing Element that HCD determined to be in substantial compliance with State Housing Element Law within 120 days of the statutory deadline for adoption to rezone to accommodate the local government’s RHNA for the 6th Cycle within one year of the statutory deadline; and

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Packet Pg. 134 Attachment: Attachment B_CDD-Reso-6th Cycle HE (BAP) 032123 [Revision 2] (5570 : Housing Element Implementation (120 mins)) 6 WHEREAS, in accordance with AB 1398, the June 21, 2022 amended draft of the 6th Cycle Housing Element sets forth implementation dates for rezoning and related programs as of October 15, 2022, one-year after the City’s statutory deadline of October 15, 2021; and
WHEREAS, on June 30, 2022, SB 197 amended the Government Code to add Section 65583.4, which extends the one-year deadline for rezoning set forth in AB 1398 to three years, or October 15, 2024, for local governments that meet certain conditions, including adopting a 6th Cycle Housing Element that is compliant with State Housing Element law within one year of the statutory deadline, or October 15, 2022; and WHEREAS, implementation dates for the June 21, 2022 draft amended 6th Cycle Housing Element have been updated to allow for an extension for rezoning should the City meet all conditions set forth in Government Code Section 65583.4; and WHEREAS, on September 22, 2022, Planning Commission conducted a duly noticed public hearing to consider recommending to the City Council that the City Council adopt the amended 6th Cycle Housing Element, and after considering oral and written testimony, adopted Resolution Number 220-18 (PCS) recommending that the City Council adopt the amended the 6th Cycle Housing Element; and WHEREAS, on September 26, 2022, in accordance with Government Code Section 65585(b), the City posted the final draft of the amended 6th Cycle Housing Element incorporating the Planning Commission’s recommendations for updated implementation dates on the City’s website for public review, and emailed a link to all individuals and organizations that previously requested notices relating to the City’s 6th Cycle Housing Element; and

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Packet Pg. 135 Attachment: Attachment B_CDD-Reso-6th Cycle HE (BAP) 032123 [Revision 2] (5570 : Housing Element Implementation (120 mins)) 7 WHEREAS, on October 11, 2022, the City Council conducted a duly-noticed public hearing to consider adopting the amended 6th Cycle Housing Element, and after considering oral and written testimony, adopted Resolution Number 11469 (CCS), adopting an amended 6th Cycle Housing Element, which was certified by the State on October 14, 2022; and
WHEREAS, the Housing Element includes a variety of programs intended to achieve goals and policies related to new housing production for all income categories and the preservation of existing housing, ensuring there is equitable housing access to all neighborhoods, housing for the homeless including housing assistance and supportive services to low-income households, and eliminating housing discrimination; and WHEREAS, the Housing Element sets forth a range of goals, policies and programs, including, but not limited to, procedural changes related to streamlining the review of housing projects, updating development standards and the Affordable Housing Production Program (“AHPP”) to ensure housing projects are feasible, providing opportunities for housing in areas of the City that do not currently permit housing, incentivizing housing in areas of the City that have not historically supported housing production, amending the City’s density bonus ordinance to ensure consistency with State law and integration into the City’s land use system, and committing to the production of affordable housing on City-owned/publicly owned land; and WHEREAS, the Housing Element requires the City to implement certain programs through amendments to the Land Use and Circulation Element of the General Plan, the Bergamot Area Plan, the Downtown Community Plan, and the Zoning Ordinance in phases, subject to specified deadlines; and

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Packet Pg. 136 Attachment: Attachment B_CDD-Reso-6th Cycle HE (BAP) 032123 [Revision 2] (5570 : Housing Element Implementation (120 mins)) 8 WHEREAS, the City desires to undertake the first phase of implementation for consistency with the goals, policies, and programs set forth in the 6th Cycle Housing Element, including all or portions of Programs 1A, By-Right Approvals for Housing Projects; 1B, Streamline the Architectural Review Process and Ensure Design Review Objectivity for Housing Projects; 1C, Incentivize Housing Development on Surface parking Lots in Residential Zones; 1D, Reduce Minimum Parking Requirements for Housing Projects; 1F, Revise the Downtown Community Plan Development Standards to Support Housing Projects; 1G, Incentivize and Facilitate the Development of Accessory Dwelling Units through an ADU Accelerator Program; 1J, Rezoning by Revising Development Standards to Ensure that Housing Projects are Feasible and Incentivized Over Commercial Development; 2A, Establish a Moderate-Income Affordable Housing Overlay; 2C, Update the City’s Affordable Housing Production Program to Increase the Number of Affordable Housing Units at all Income Levels; 2D, Update Density Bonus Ordinance to Ensure Consistency with State Law and Integration into the City’s Land Use System; 4A, Zoning Ordinance Amendment to Permit Multiple-Unit Housing in NonResidential Zones Where Not Currently Permitted; 4B, Facilitate the Development of Housing on Surface Parking Lots Owned by Community Assembly Uses; and 4C, Provide New Housing Choices and Affordability in High Opportunity Areas Through Incentives for Additional ADUs in R1-Zone Neighborhoods; and
WHEREAS, on February 1, 2023, the Planning Commission conducted a dulynoticed public hearing, and, after considering oral and written testimony regarding the proposed amendments to the BAP, adopted a Resolution of Recommendation, Resolution Number 23-005 (PCS), recommending to the City Council that the City Council

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Packet Pg. 137 Attachment: Attachment B_CDD-Reso-6th Cycle HE (BAP) 032123 [Revision 2] (5570 : Housing Element Implementation (120 mins)) 9 amend the BAP to ensure consistency with the first phase of Housing Element implementation; and
WHEREAS, on March 21, 2023, the City Council conducted a duly noticed public hearing to consider the recommendation of the Planning Commission, and, after considering all oral and written testimony, desires to adopt the proposed amendments to the BAP.

NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:

SECTION 1. Amendments to the text of the Bergamot Area Plan. Pursuant to Santa Monica Municipal Code Section 9.45.080 and 9.45.130, the City Council does hereby amend the Bergamot Area Plan for consistency with the goals, policies, and programs set forth in the 6th Cycle Housing Element, including all or portions of Programs 1A, By-Right Approvals for Housing Projects; 1B, Streamline the Architectural Review Process and Ensure Design Review Objectivity for Housing Projects; 1C, Incentivize Housing Development on Surface parking Lots in Residential Zones; 1D, Reduce Minimum Parking Requirements for Housing Projects; 1F, Revise the Downtown Community Plan Development Standards to Support Housing Projects; 1G, Incentivize and Facilitate the Development of Accessory Dwelling Units through an ADU Accelerator Program; 1J, Rezoning by Revising Development Standards to Ensure that Housing Projects are Feasible and Incentivized Over Commercial Development; 2A, Establish a Moderate-Income Affordable Housing Overlay; 2C, Update the City’s Affordable Housing Production Program to Increase the Number of Affordable Housing Units at all Income Levels; 2D, Update Density Bonus Ordinance to Ensure Consistency with State Law and

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Packet Pg. 138 Attachment: Attachment B_CDD-Reso-6th Cycle HE (BAP) 032123 [Revision 2] (5570 : Housing Element Implementation (120 mins)) 10 Integration into the City’s Land Use System; 4A, Zoning Ordinance Amendment to Permit Multiple-Unit Housing in Non-Residential Zones Where Not Currently Permitted; 4B, Facilitate the Development of Housing on Surface Parking Lots Owned by Community Assembly Uses; and 4C, Provide New Housing Choices and Affordability in High Opportunity Areas Through Incentives for Additional ADUs in R1-Zone Neighborhoods, as set forth in Exhibit A attached to this Resolution. In adopting these amendments, the City Council hereby finds and declares that, for the reasons articulated above, in the staff report dated March 21, 2023, below:

The amendments to the text of the Bergamot Area Plan are consistent with the General Plan in that the amendments are required to implement all or portions of Programs 1A, By-Right Approvals for Housing Projects; 1B, Streamline the Architectural Review Process and Ensure Design Review Objectivity for Housing Projects; 1C, Incentivize Housing Development on Surface parking Lots in Residential Zones; 1D, Reduce Minimum Parking Requirements for Housing Projects; 1F, Revise the Downtown Community Plan Development Standards to Support Housing Projects; 1G, Incentivize and Facilitate the Development of Accessory Dwelling Units through an ADU Accelerator Program; 1J, Rezoning by Revising Development Standards to Ensure that Housing Projects are Feasible and Incentivized Over Commercial Development; 2A, Establish a Moderate-Income Affordable Housing Overlay; 2C, Update the City’s Affordable Housing Production Program to Increase the Number of Affordable Housing Units at all Income Levels; 2D, Update Density Bonus Ordinance to Ensure

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Packet Pg. 139 Attachment: Attachment B_CDD-Reso-6th Cycle HE (BAP) 032123 [Revision 2] (5570 : Housing Element Implementation (120 mins)) 11 Consistency with State Law and Integration into the City’s Land Use System; 4A, Zoning Ordinance Amendment to Permit Multiple-Unit Housing in Non-Residential Zones Where Not Currently Permitted; 4B, Facilitate the Development of Housing on Surface Parking Lots Owned by Community Assembly Uses; and 4C, Provide New Housing Choices and Affordability in High Opportunity Areas Through Incentives for Additional ADUs in R1-Zone Neighborhoods, and otherwise maintain the existing goals, policies, standards and regulations in the General Plan.

SECTION 2. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:
_________________________

DOUGLAS SLOAN
City Attorney

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Packet Pg. 140 Attachment: Attachment B_CDD-Reso-6th Cycle HE (BAP) 032123 [Revision 2] (5570 : Housing Element Implementation (120 mins)) 12 EXHIBIT A
Amendments to the Bergamot Area Plan for consistency with the Goals, Policies, and Programs Set Forth in the 6th Cycle (2021-2029) Housing Element [BEHIND THIS PAGE]

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Packet Pg. 141 Attachment: Attachment B_CDD-Reso-6th Cycle HE (BAP) 032123 [Revision 2] (5570 : Housing Element Implementation (120 mins)) Chapter 4, page 71
The community’s expectation for the Bergamot Plan area to transition to an energetic, equitable and sustainable new urban neighborhood is addressed through careful land use planning that is integrated with circulation policies. Many of the land use policies in this section are implemented through the Development Standards in Chapter 5 that govern scale, height, and permitted mix of uses or designed for further development in later implementation phases. Maintaining the targets identified in the LUCE for the balance of commercial and residential uses (60/40 in the Bergamot Transit Village and 50/50 in the Mixed-Use Creative District) promotes a more walkable, less auto-dependent land use pattern that meets the City’s broad social, economic and environmental goals. These integrated land use and circulation policies will foster a neighborhood that is designed from the outset to support the City’s broad Sustainable City Plan objectives to reduce the community’s carbon footprint and GHG emissions.

Chapter 4, Page 72
Bergamot Transit Village District
Development in the Bergamot Transit Village District (BTV) is directed to create the underlying urban fabric for a new mixed-use neighborhood that supports a range of uses, activities, open spaces and built forms, and which deeply integrates the new Bergamot Expo Station and the adjacent Bergamot art center into community life. The district’s evolution into a pedestrian-oriented, mixed-use destination containing jobs, housing, retail, services, entertainment and open spaces will build upon Santa Monica’s long-standing practice of crafting strong urban places.

Permitted Uses
This district allows for the creation of a vibrant concentration of retail and services, multi-family housing, and creative employment and community gathering spaces, especially in proximity to transit. For the Bergamot Transit Village, a mix of 60% commercial and 40% residential use is established as the target for new development. The permitted densities for the Bergamot Transit Village were determined so as to achieve a scale that is consistent with the community vision for a pedestrian-oriented district that provides high quality open spaces, and that is oriented to and accessible by transit. Consequently, densities have been reduced from those described in the LUCE. Permitted development densities are:

Tier I: 1.75 Floor Area Ratio (FAR)
Tier II: 2.0 FAR
Tier III: 2.5 FAR
Chapter 4, page 73
Figure 4.B.02 Map and Legend:

Bergamot Transit Village (BTV) FAR: 1.75, 2.0, 2.5; Housing Projects FAR:

4.0 Mixed Use Creative North of Pennsylvania or South of Expo Bike Path: FAR: 1.5, 1.7,

2.2; Housing Projects FAR: 3.25
Mixed Use Creative (MUC) FAR: FAR: 1.5, 1.7, 2.2; Housing Projects FAR: 4.0 Conservation: Art Center (CAC) Parcels over 100,000 SF, FAR: 1.0; Parcels under 100,000 SF, FAR: 1.0, 1.5, 2.5; Housing Projects FAR: 2.50
Conservation: Creative Sector (CCS) FAR: 1.5; Housing Projects FAR: 2.50 Chapter 4, page 75
Mixed-Use Creative District
The Mixed-Use Creative District (MUC) will emphasize the continuation of the area’s diverse creative and cultural offerings. It will also encourage the infill of new, complementary uses as a way to provide a more balanced and sustainable land use pattern that connects residents, employees and visitors to the district, the neighboring BTV, the Bergamot Expo Station and the Bergamot art center. Existing uses are encouraged to remain and will be bolstered by the balance of new creative arts jobs, housing affordable to

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Packet Pg. 142 Attachment: Attachment B_CDD-Reso-6th Cycle HE (BAP) 032123 [Revision 2] (5570 : Housing Element Implementation (120 mins)) the workforce and supportive local-serving retail and services. In consideration to their size and the character of existing development, smaller parcels will be developed at lower densities and smaller building scales than those of the BTV District. As in the BTV, the Mixed-Use Creative District’s evolution as a pedestrian-oriented environment is promoted through policies and standards. The eastern edge of the MUC will also be easily accessible from the new Bundy Expo Station in the City of Los Angeles.

Permitted Uses
A mix of 50% commercial and 50% residential use is established as the target for new development in the MUC District. The permitted densities for the MUC District were determined in order to achieve a scale that is consistent with the community vision for a pedestrian-oriented district that provides high-quality open spaces, and that is oriented to and accessible by transit. Consequently, densities have been reduced from those described in the LUCE. Permitted development densities are:

Tier I: 1.5 Floor Area Ratio (FAR)
Tier II: 1.7 FAR
Tier III: 2.2 FAR
As described for the BTV, a blend of uses will be accommodated, including new affordable housing, housing affordable to the workforce and market-rate housing. These housing types are more completely described in Table 5.02 in Chapter 5.

Chapter 4, page 76
Conservation: Creative Sector District
Within the Conservation: Creative Sector (CCS) District, emphasis will be placed on small-scale creative arts, media production, entertainment uses, digital technology, incubators, business services and supporting uses, such as restaurants and cafés, and housing as defined in Table 5.02. To protect the scale and character of this important creative cluster within the Plan area, permitted development densities shall be limited to (Tier I) 1.5 FAR. This restriction is balanced by incentives that can assist creative businesses in meeting their needs for a certain amount of on-site expansion.

Conservation: Art Center District
As an area-wide anchor for the creative sector, the Conservation: Art Center (CAC) District shall feature uses which contribute to and enhance both the arts and cultural functions of the Bergamot art center and the identity it establishes. These uses may includeart galleries, studios, exhibition halls, performance spaces, museums, restaurants and cafés, visitor accommodations and similar uses. Small-scale creative office uses and housing are also permitted. Distinct densities in the Conservation: Art Center District are based on parcel size, as described below:

Parcels over 100,000 SF
Tiers I-III: 1.0 Floor Area Ratio (FAR)
Parcels under 100,00 SF
Tier I: 1.0 Floor Area Ratio (FAR)
Tier II: 1.5* FAR
Tier III: 2.5* FAR
*0.5 FAR must be devoted to space for arts-related and arts-compatible uses. Artist live/work could be considered provided the primary space is used for work.

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Packet Pg. 143 Attachment: Attachment B_CDD-Reso-6th Cycle HE (BAP) 032123 [Revision 2] (5570 : Housing Element Implementation (120 mins)) BerettaRose Photography

DEVELOPMENT STANDARDS& LAND USE REGULATIONS

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Packet Pg. 144
Attachment: Attachment B_CDD-Reso-6th Cycle HE (BAP) 032123 [Revision 2] (5570 : Housing Element 146 | CITY OF SANTA MONICA
Land Use Regulations and Development Standards

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Packet Pg. 145
Attachment: Attachment B_CDD-Reso-6th Cycle HE (BAP) 032123 [Revision 2] (5570 : Housing Element BERGAMOT AREA PLAN | 147
Land Use Regulations and Development Standards
Development Standards and Land Use RegulationsThis section of the Plan sets out the Development Standards to ensure that all proposed development
supports the goals and vision of the Plan as described
in Chapter 4, Core Components.

The Development Standards include the following
sections, which provide a framework for the intended
urban form and character, Section A: Land Use
Regulations and Section B: Development Standards.

The Land Use Regulations define permitted uses in
the Bergamot Plan area. The Development Standards
regulate new site and building development by
establishing standards for intensity, building height,
open space and other elements. Developmentstandards include street‐based frontage standards, which regulate building frontages along existing and
new streetsto form adequate and pedestrian‐friendly
street walls.

If provisions in the Bergamot Area Plan and the
Zoning Ordinance are in conflict, the provisions in the Bergamot Area Plan shall be applied. Where Zoning
Ordinance provisions are not specifically addressed by
the Bergamot Area Plan, the Zoning Ordinance shall
be applied. Projects that include affordable housing
on City‐Owned properties shall be exempted from

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Packet Pg. 146
Attachment: Attachment B_CDD-Reso-6th Cycle HE (BAP) 032123 [Revision 2] (5570 : Housing Element 148 | CITY OF SANTA MONICA
Land Use Regulations and Development Standards
the Bergamot Area Plan and Zoning Ordinancepursuant to SMMC Section 9.01.040(A)(1)(d).

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Packet Pg. 147
Attachment: Attachment B_CDD-Reso-6th Cycle HE (BAP) 032123 [Revision 2] (5570 : Housing Element BERGAMOT AREA PLAN | 149
Land Use Regulations and Development Standards
All projects in the Bergamot Plan area will undergo a
City design review and permit process as required by
the Zoning Ordinance.

As discussed in Chapter 1, Introduction, the LUCE sets
out three tiers for new development in the Bergamot
Plan Area. Tier I is baseline, by‐right development up
to the discretionary review thresholds established
by the Zoning Ordinance. Tier II and Tier III projects
are allowed additional intensity and height if the
associated development provides community benefits.

Table 5.01 Key to Land Use Regulations Table
Category
Designator Category Description
P Permitted uses
L(#) Limited uses, which are permitted provided they comply with specified standards; for example, a limitation on floor area, indicated by a footnote in the use regulation table MUP Minor conditional uses, which require approval of a Minor Use Permit based on discretionary review conducted by the Planning and Community Development Director CUP Conditional uses, which require approval of a Conditional Use Permit based on discretionary review conducted by the Planning Commission ‐ Prohibited uses, which are not allowed in the district or overlay In addition to compliance with the requirements of this chapter, Tier II and Tier III projects shall comply withthe following:

Tier II
• Record a deed restriction that requires the
property owner and all building tenants to join
and maintain membership in the TMA for the life
of the project. This requirement shall be included
in all leases.
• Provideall TierIIrequirementsspecifiedintheCity’s
Municipal Code, Article IX ( Zoning Ordinance). In
orderto ensure that new development at the TierII
level contributes to the identity and development
of the Bergamot Plan area, Tier II level fees
(beyond fees that are Code base requirements)
shall be allocated to appropriate projects within
the Bergamot Plan area to the extent feasible.
• Notwithstanding the above, the Zoning Ordinance
Update process will consider requiring that
projects in the Bergamot Plan area pay a higher
Transportation Impact Feet (TIF), to be allocated
as above.

Tier IIITier III applicants should review Chapter 4, Section B:

Land Use for Community Benefits, and incorporate
appropriate project components to satisfy the
requirement to include substantial additional
amenities that the community has prioritized in
the Bergamot Plan area. Any fees collected shall be
allocated to appropriate projects within the Bergamot
Plan area. Actual project features shall be negotiated
during the Development Agreement process.

Allocation of Unused Fees
If there are no potential projects that can utilize the Tier II fund contributions within five years of payment, the funds may be used for City projects outside the
Plan area.A. LAND USE REGULATIONSTable 5.02 presents the land use regulations for the Bergamot Transit Village (BTV), Mixed‐Use
Creative (MUC), Conservation: Art Center (CAC) and
Conservation: Creative Sector (CCS) Districts, as well
as the Pedestrian Priority Corridor (PPC) and Retail
Priority (RP) Overlays (see Figure 5.01 for boundaries of the districts). Any other uses not included in the table are prohibited and covered by the general rule, which
states that any uses not specifically authorized areprohibited. The key to the land use regulations table is found in Table 5.01.

The new districts created in this Plan permit many of
the usesthat are permitted in the BTV and MUC districts defined in the LUCE. However, residential uses other
than live/work units is prohibited in the Conservation ‐ Creative Sector District in order to conserve its creativearts character. There are also further use restrictions in the overlay districts in order to promote active streets.

In the case of conflict between an underlying district
and an overlay district, the overlay district standards shall prevail. However, additional residential uses are not permitted on properties in an overlay district with underlying Conservation‐CCS District zoning.

Use classifications have been divided into residential
uses or non‐residential uses (see Table 5.02). For land use definitions, please refer to the Zoning Ordinance.

See also the table footnotes on page 138.

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Table 5.02 Land Use Regulations

DISTRICTS OVERLAYS
Bergamot
Transit
Village (BTV)
MU-Creative
(MUC)
Conservation:
art Center
(CAC)
Conservation:

Creative Sector
(CCS)
Pedestrian
Priority
Corridor (PPC)
Retail Priority
(RP)
Residential Uses
Dwelling, Single‐Unit ‐ ‐ ‐ ‐ ‐ ‐Dwelling, Second UnitAccessory Dwelling Unit ‐P ‐P ‐P ‐P ‐P ‐PDwelling, Duplex ‐ ‐ ‐ ‐ ‐ ‐Elderly and Long‐Term Care P P CUP ‐ P ‐Emergency Shelters P P CUP ‐ ‐ ‐Existing Mobile Home Park ‐ P ‐ ‐ ‐ ‐Family Day Care, Small or Large P P CUP ‐ P PGroup Residential (includes congregate,senior group,supportive) P P CUP ‐ P L(1) Junior Accessory Dwelling Unit P P P P P PLive/work P P CUP P P L(1)Multiple‐Unit StructureDwelling(includessenior, transitional,supportive) P P CUPP ‐P P L(1)Residential Care Facilities P P CUP ‐ L(1) L(1)Single‐Room Occupancy Housing P P CUP ‐ P L(1) Non-residential Uses
Animal Care, Sales, and Services See subclassifications below.

Kennels ‐ ‐ ‐ ‐ ‐ ‐Grooming and Pet Stores P P P L(2) L(2) L(2)Pet Day Care Services MUP MUP ‐ MUP ‐ ‐Veterinary Services MUP MUP ‐ MUP ‐ ‐ Artist's Studio P P P P P PAutomobile/Vehicle Sales and Service ‐ ‐ ‐ ‐ ‐ ‐Banks and Financial Institutions See subclassifications below.

Banks and Credit Unions, < 5,000 sq. ft. P P ‐ P P PBanks and Credit Unions, > 5,000 sq. ft. CUP CUP ‐ CUP CUP CUPCheck Cashing Businesses ‐ ‐ ‐ ‐ ‐ ‐ Bicycle Rental and Share Stations P P P P P PBusiness Services P P P P L(2) L(2)College and Trade Schools, Public or Private CUP CUP CUP ‐ CUP ‐

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Districts overlays
Bergamot
Transit Village
(BTV)
MU‐Creative
(MUC)
Conservation:
art Center
(CAC)
Conservation:

Creative Sector
(CCS)
Pedestrian
Priority
Corridor (PPC)
Retail Priority
(RP)
Commercial Entertainment and Recreation See subclassifications below.

Cinemas & Theaters, up to 99 seats P P P P P CUPCinemas & Theaters, more than 99 seats CUP ‐ ‐ ‐ ‐ ‐Convention and Conference Centers See subclassifications below.

Large‐scale, >= 25,000 sf CUP ‐ ‐ ‐ ‐ ‐Small‐scale, < 25,000 sf CUP CUP CUP ‐ CUP CUP Commercial Kitchens CUP CUP ‐ CUP/L(1) CUP/L(1) CUP/L(1)Commercial Recreational Facilities, Large‐scale CUP ‐ ‐ ‐ ‐ ‐Commercial Recreational Facilities, Small‐scale MUP MUP MUP MUP MUP/L(1) MUP/L(1)Communication Facilities See subclassifications below.

Antennas and Transmission Towers MUP MUP ‐ ‐ ‐ ‐Equipment/Facilities within Buildings CUP CUP ‐ ‐ ‐ ‐ Community Assembly CUP CUP CUP ‐ CUP CUPCommunity Gardens P P P P P MUPCultural Facilities P P P P P PDay Care Centers P P ‐ P L(1) L(1)Eating and Drinking Establishments See subclassifications below.

Bars/Nightclubs/Lounges CUP CUP MUP CUP CUP CUPRestaurants, Full or Limited Service, up to 50 seats (including accessory bar seats) P P P P P P Restaurants, Full or Limited Service, more
than 50 seats (including accessory bar seats) P P P CUP P P Restaurants, Drive‐Through Facilities ‐ ‐ ‐ ‐ ‐ ‐Restaurants, Accessory Live Entertainment P P P P P PRestaurants, Outdoor Eating Areas P P P P P P Equipment Rental MUP MUP ‐ MUP MUP ‐Flex Vehicle Spaces, accessory L(7) L(7) L(7) L(7) L(7) L(7)Food and Beverage Sales L(8) L(8) CUP/L(2) CUP/L(2) L(2) L(2)Funeral Parlors and Mortuaries ‐ ‐ ‐ ‐ ‐ ‐

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Districts Overlays
Bergamot
Transit Village
(BTV)
MU‐Creative
(MUC)
Conservation:
art Center
(CAC)
Conservation:

Creative Sector
(CCS)
Pedestrian
Priority
Corridor (PPC)
Retail Priority
(RP)
Hospitals and Clinics, <= 5,000 sq. ft. MUP MUP ‐ MUP ‐ ‐Hospitals and Clinics, > 5,000 sq. ft. CUP CUP ‐ ‐ ‐ ‐Industry, General ‐ ‐ ‐ ‐ ‐ ‐Industry, Research and Development P P L(2) L(2) L(1) L(1)Industry, Limited P P L(2) L(2) P PInstructional Services P P L(5) L(5) L(1) L(1)Lodging See subclassifications below.

Bed and Breakfast ‐ ‐ ‐ ‐ ‐ ‐Hotels and Motels CUP CUP CUP ‐ CUP CUP Maintenance and Repair Services, <= 5,000 sq. ft. MUP MUP ‐ MUP ‐ ‐Maintenance and Repair Services, > 5,000 sq. ft. ‐ ‐ ‐ ‐ ‐ ‐Media Production See subclassifications below.

Movie or Recording Studio P P P P L(1) L(1)Support Facilities P P ‐ P L(6) L(6) Nurseries and Garden Centers P P ‐ ‐ MUP/L(4) MUP/L(4)Offices See subclassifications below.

Business and Professional, <= 5,000 sq. ft. P P ‐ ‐ L(1) L(1)Business and Professional, > 5,000 sq. ft. CUP CUP ‐ ‐ CUP/L(1) CUP/L(1)Creative P P P P P L(1)Medical and Dental CUP CUP ‐ CUP CUP CUPWalk‐In Clientele P P ‐ ‐ P P Park and Recreation Facilities, Public P P P P P PParking, Shared: New Standalone Public or Private P P P ‐ CUP CUPPersonal Services See subclassifications below.

General Personal Services P P ‐ P P PTattoo or Body Modification Parlor MUP MUP ‐ ‐ ‐ ‐ Public Safety Facilities P P L(3) P P PRecycling Facilities, <= 5,000 sq. ft. CUP CUP ‐ ‐ ‐ ‐

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Recycling Facilities, > 5,000 sq. ft. ‐ ‐ ‐ ‐ ‐ ‐
Districts overlays
Bergamot
Transit Village
(BTV)
MU‐Creative
(MUC)
Conservation:
art Center
(CAC)
Conservation:

Creative Sector
(CCS)
Pedestrian
Priority
Corridor (PPC)
Retail Priority
(RP)
Retail Sales, General See subclassifications below.

Art Galleries P P P P P P
Building Material Sales and Services ‐ ‐ ‐ ‐ ‐ ‐
Firearms and Ammunition Sales ‐ ‐ ‐ ‐ ‐ ‐
General Retail Sales, < 15,000 sq. ft. P P P P L(2) L(2)General Retail Sales, > 15,000 sq. ft. ‐ ‐ ‐ ‐ ‐ ‐ Pawn Shops ‐ ‐ ‐ ‐ ‐ ‐
Schools, Public or Private CUP CUP CUP ‐ CUP ‐
Social Service Centers P P ‐ ‐ MUP L(1)Swap Meet CUP CUP CUP ‐ ‐ ‐Vehicle Rental, Accessory to Primary Use P P P ‐ ‐ ‐Utilities See subclassifications below.

Utilities, Major ‐ ‐ ‐ ‐ ‐ ‐Utilities, Minor P P P P P P Warehousing, Storage and Distribution ‐ ‐ ‐ ‐ ‐ ‐
Footnotes:L(1) Not allowed on the ground floor for the first 40 feet of lot depth, except residential usesin the BTV/PPC Overlay District L(2) Limited to 4,000 sq. ft. or less.

L(3) Limited to 15,000 sq. ft. or less.

L(4) Nurseries and Gardens Centers permitted if all goods, except planted stock, are kept entirely within an enclosed building.

L(5) Limited to arts related uses only.

L(6) Not allowed on the ground floor for the first 40 feet of lot depth on Nebraska Avenue.

L(7) Flex vehicle spaces within areas otherwise used for parking and not as a stand‐alone use.

L(8) Limited to 4,000 sq. ft. orless. Notwithstanding, one (1) new food & beverage salesfacility may be permitted in the Plan area, in either the BTV or MUC District, that exceeds the 4,000 square foot limit and may be a maximum of 15,000 square feet.

B. DEVELOPMENT STANDARDS
Development Standards in Tables 5.03(A) & (B) arespecific to the districts in the Bergamot Plan area,and are exclusive of any State or Local densitybonuses. Certain standards are flexible to allow forarchitectural innovation if approved by the authorized review entity (see B.11 for Flexible Development
Standards).

B.1 Floor Area Ratio (FAR)
Maximum floor area ratios (FARs) for Tier I, Tier II and

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Tier III projects are established in Tables 5.03(A) & (B). In the Bergamot Plan area, floor area ratioincludes only building area at or above grade. In circumstances where publicly accessible roads and pathways are negotiated, FAR will be calculated on the gross area ofthe project site.

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B.1.01 Exemptions from FAR calculation. The following shall not be included in the FAR calculation. a. Below‐grade (subterranean) building area
b. Open roof decks or covered roof decksthat aremore than 75% unenclosed c. Outdoor dining areas adjacent to the public right of way B.1.02 Low Income/Workforce Housing Units. For Notwithstanding any bonus provided by the State Density Bonus Law, SMMC Chapter 9.22, Density Bonus, housing projects, Tier I, and Tier II projects in the BTV and MUC Districts, for all units in a project above and beyond those required by the AHPP, A a FAR bonus shall beprovided equivalent to 25%of the floor area constructed for affordable/ workforce housing, provided:
a. The units contain at least one bedroom (no studios)
b. At least 50% of the bonus residential unitsshall be deed‐restricted for affordability to a maximum of 80% area median income (AMI). The remainder shall be deed‐ restricted for anyaffordability level up to 120% of AMI.

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Table 5.03(A) Development Standards for Projects not Meeting the Definition of Housing Project Development
Standards
Bergamot
Transit Village
Conservation:

Art Center MU-Creative Conservation: Creative Sector
TIER Tier I Tier II Tier III Tier I Tier II Tier III Tier I Tier II Tier III Tier I Tier II Tier III

HEIGHT LIMIT
(SEE B.2)
Standard
(Variation)
32’
(39’) 60’ 75’ (86’) 32’ 60’ 75’ (86’) 32’ (36’) 47’ 57’ 32’ (36’) not allowed FAR
(SEE B.1) Parcel >=
100,000 sf 1.75 2.0 2.5 1.0 1.0 1.0 1.5 1.70 2.2 1.5 not allowed Parcel <
100,000 sf 1.75 2.0 2.5 1.0 1.5*** 2.5*** 1.5 1.70 2.2 1.5 not allowed

REQUIRED MIX

OF USES
(SEE B.4)
Parcels over
120,000 sf None None 50% Commercial/ 50% Residential None

BUILDING

MODULATION
OF TOP FLOORS:

PERCENTAGE

OF BUILDING

FOOTPRINT
(SEE B.5)
Max Height
(Top Floor) 100% 90% 50% None 100% 75% 75% None
Top Floor minus
1 Floor 100% 100% 90% None 100% 90% 90% None
MAXIMU
MFLOOR
PLATE
(SEE B.6)
35,000 sf 15,000 sf 25,000 sf 15,000 sf

MINIMUM

AMOUNT OF
OPEN SPACE (%

OF SITE AREA)
(SEE B.8)
Site >
80,000 sf 20% 20% 25% None**** 15% 15% 20% 15%*****
Site 40,000 sf
‐80,000 sf 15% 15% 20% 15% 12% 12% 15% 12%*****
Site <
40,000 sf 10% 10% 15% 10% 7% 7% 10% 7%*****

MINIMUM SIZE

OF PRIMARY
OPEN SPACE* 4,000 sf 4,000 sf 6,000 sf None**** 2,500 sf 4,000 sf 6,000 sf 2,500 sf *****

MINIMUM DEPTH

AND MAXIMUM

WIDTH OF
NON‐OFFICE

COMMERCIAL
(SEE B.9)
Minimum
Depth 40 feet None 40 feet None
Frontage
Width
15’ minimum
60’ maximum None 15’ minimum 60’ maximum None

MAXIMUM SIZE
OF NON‐OFFICE
COMMERCIAL**
(SEE B.9)
15,000 sf 15,000 sf 15,000 sf 7,500 sf

ACCESS AND

PARKING

STANDARDS
(SEE B.14)
See Section 5.B.14 See Section 5.B.14 See Section 5.B.14 See Section 5.B.14 * On small parcels, if the minimum required size of the Primary Open Space is larger than the minimum required open space percentage, no Primary Open Space needs to be provided. ** Any retail space ranging from 10,000 sf to 15,000 sf requires any additional retail adjacent to the retail space to be 5,000 sf or less in size. *** 0.5 FAR must be devoted to space for arts‐related and arts‐compatible uses. Artist live/work could be considered provided the primary space is used for work. **** Open Space on City‐owned property shall be determined through a Development Agreement. ***** No open space requirement for additionsto existing buildingsin the Conservation ‐ Creative Sector District.

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Table 5.03(B) Development Standards for Projects that Meet the Definition of Housing Project Development
Standards
Bergamot
Transit Village
Conservation:

Art Center
MU-Creative Conservation:

Creative Sector
HEIGHT
HousingProjects
84’ 55’
84’
(North of
Pennsylvania
Ave parcel
line or South
of Expo Bike
Path – 70’)
55’
100%AffordableHousingProjects 94’ 65’
94’
(North of
Pennsylvania
Ave parcel
line or South
of Expo Bike
Path – 80’)
65’
FAR(See B.1)
HousingProject

4.0 2.50

4.0 (North of
Pennsylvania
Ave parcel
line or South
of Expo Bike
Path – 3.25)

2.50 100% AffordableHousing Projects

4.5 3.0

4.5 (North of
Pennsylvania
Ave parcel
line or South
of Expo Bike
Path – 3.75)

3.0 BUILDING
MODULATION OFTOP FLOORS:PERCENTAGE OFBUILDINGFOOTPRINT (SEEB.5) Max Height
(Top Floor) 50% None 75% None
Top Floor minus
1 Floor 90% None 90% None
MAXIMUM FLOOR PLATE (SEE B.6)
35,000
sf
15,000
sf
25,000 sf 15,000 sf

MINIMUM
AMOUNT OF OPENSPACE (% OF SITEAREA)**
(SEE B.8)
Site >
80,000 sf 25% None 20% 15%*****
Site 40,000 sf
‐80,000 sf 20% 15% 15% 12%*****
Site <
40,000 sf 15% 10% 10% 7%*
MINIMUM SIZE OF PRIMARY OPEN SPACE*
6,000 sf None 6,000 sf 2,500 sf *

MINIMUM DEPTH
AND MAXIMUMWIDTH OF NON‐OFFICECOMMERCIAL
(SEE B.9)
Minimum
Depth 40 feet None 40 feet None
Frontage
Width
15’ minimum
60’ maximum None 15’ minimum 60’ maximum None
MAXIMUM SIZE OF NON‐OFFICECOMMERCIAL**(SEE B.9)
15,000 sf 15,000
sf
15,000 sf 7,500 sf

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ACCESS ANDPARKING STANDARDS(SEE B.14) See Section 5.B.14 See Section 5.B.14 See Section 5.B.14 See Section 5.B.14 * No open space requirement for additions to existing buildings in the Conservation ‐ Creative Sector District.** On small parcels, if the minimum required size of the Primary Open Space is larger than the minimum required open space percentage, no Primary Open Space needs to be provided.

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CARMELINA AVENUE

CENTINELA AVENUE

FRANKLIN STREET WARWICK AVENUE

BERKELEY STREET

STANFORD STREET

STEWART STREET

CLOVERFIELD BOULEVARD
Land Use Districts
The Bergamot Plan area is divided into four
districts that emphasize creative arts and
local employment opportunities, culturalenrichment, housing and supportive retail businesses. They differ in their physical
character, scale and urban form.

The Bergamot Transit Village and the
Mixed‐Use Creative District support a wide
range of uses and activities.

The two Conservation Districts are
delineated with specific uses, heights
and densities that conserve their existingbuildings and uses.

Figure 5.01
Land Use Districts
Districts
Bergamot Transit Village (BTV)
Pedestrian Priority Corridor (PPC)**
Retail Priority on Ground Floor (RP)**
*Overlays not to scale**Applies to first 40 feet of street frontage only

COLORADO AVENUE COLORADO AVENUE

PENNSYLVANIA AVENUE

PENNSYLVANIA AVENU
E

NEBRASKA AVENUE

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0 200 400 600 Feet
NOR
TH
B.2Height Limits
Maximum building heights are established for Tier I,
Tier II and Tier III projectsin the Plan area (see Fig. 5.03 for District Building Heights).

CARMELINA AVENUE
Tier I sets the Base Height, Tier II allows for additional height above the Base Height if substantial community
benefits are provided and Tier III allows for additional height above Tier II if additional substantial community benefits are provided.

In the Transit Village District and Conservation: Art
Center District, the maximum height permitted in Tier
I is 32 feet, with additional height up to 39 feet for
projects that include a housing component. For Tier II
projects, the maximum height is 60 feet. For Tier III
projects, a maximum building height of up to 75 feet is permitted, with additional height:
• to 81 feet allowed if there is a corresponding
percentage decrease in the FAR for the actual
building height that is above 75 feet, and
• up to 86 feet if the ground floor‐to‐floor height
is increased from 13.5 feet up to 18.5 feet.

STEWART STREET

FRANKLIN STREET

BERKELEY STREET

STANFORD STREET

CENTINELA AVENUE

STEWART STREET

WARWICK AVENUE
Figure 5.02
Building Heights and Floor Area Ratios

CLOVERFIELD BOULEVARD

COLORADO AVENUE COLORADO AVENUE

PENNSYLVANIA AVENUE

NEBRASKA AVENUE

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Land Use Regulations and Development Standards
Not Permitted
Not Permitted
In the Mixed‐Use Creative District, the maximum
height permitted in Tier I is 32 feet, with additional
height up to 36 feet permitted for projects that build
affordable housing units per the City’s Affordable
Housing Production Program. For Tier II projects, the
maximum height is 47 feet. For Tier III projects, a
maximum building height of up to 57 feetis permitted.

In the Conservation: Creative Sector District, only Tier I projects are permitted, with a maximum height of 32
feet, with additional height up to 36 feet for projects that include a live/work component. In the Bergamot
Plan area, maximum permitted heights are measured
in feet. Otherstandards use storiesrather than a linear dimension to regulate height, including Standard B.3
Transitional Zones, B.5 Building Modulation of Top
Floors and B.10 Street‐Based Frontage Standards.

This is to provide flexibility to accommodate the
different floor‐to‐floor dimensions for residential or
commercial buildings.Additional height is permitted in all districts for 100% affordable housing projects as defined in SMMC Section9.52.020.0050 and housing projects as defined in SMMCSection 9.52.020.1125.

B.3 Transitional Zones
Where Bergamot Plan area properties face existing
residential properties outside the Plan area, the
following standard applies. Note that this condition
exists in only the following places: (1) facing acrossColorado Avenue, (2) facing across Exposition Boulevard and (3) facing alleys between Franklin and
Berkeley and between Berkeley and Stanford.

Street Frontage. Properties facing across ColoradoAvenue and Exposition Boulevard:
• Colorado Avenue and Exposition Boulevard are
defined as the Complete Street street type (see
Figure 5.10). For this street type, the build‐to line
is defined as 5 feet back from the property line.
• For the first three stories in height, 100% of the
building is permitted to be built to the build‐to
line. The height of three stories is assumed to be
no more than 36 feet.
• For the next story, a minimum of 75% of the
building shall be set back 10 feet or more from
the build‐to line. The height of four stories isassumedto be no more than 47 feet. • For the following story, a minimum of 75% of the
building shall be set back 20 feet or more from
the build‐to line. The height of five stories is
assumed to be no more than 57 feet.
• Properties in this district (Mixed‐Use Creative)
have a maximum height of 57 feet.

Rear Yard. Properties facing alleys between Franklin
Street and Berkeley Street and between Berkeley
Street and Stanford Street:
• Building walls facing alleys shall be set back a
minimum of 10 feet from property line.
• Properties in this district (Conservation: Creative
Sector) have a maximum height of 36 feet.

Figure 5.03
Transitional Zone ‐ Street Frontage
Figure 5.04Transitional Zone ‐ Rear Yard

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B.4 Mix of Uses
B.4.01 Ratio for Large Projects. For parcels of over
120,000 square feet in area, projects shallprovide a mix of commercial and residentialuses as shown in Table 5.03. The ratio isexpressed in floor area and can vary from theratio up to 10% in either direction for flexibility.The mix of uses can be achieved as verticalmixed‐use (on top of each other) or horizontalmixed‐use (in neighboring buildings) (seeFigure 5.05 for illustration).

B.4.02 Ground Floor Commercial. Residential
projects shall have a commercial componenton the ground floor along street types thatrequire active ground floors (see B.10 Street‐ Based Frontage Standards).

B.5B.4 Building Modulation of Top FloorsThe top two floors of new Tier II or Tier III projects,or housing projects buildings shall adhere to setstandards for maximum footprint.They are limited to a percentage of the largest floor plate in the building, which may or may not be the ground floor. One‐ and
two‐story buildings are exemptfrom these standards
(see Table 5.03 and refer to Figure 5.06 for
illustration).

B.6B.5 Maximum Building Floor PlateB.6.01 In order to create an attractive and pleasant environment that isrespectful of human scale,
floor plates of new buildings are limited to the
maximum square footage set in Table 5.03.

Figure 5.05
Mix of Uses
Figure 5.06Building Modulation of Top Floors
Tier 2 Tier 3 Tier 2 Tier 3
90% 50% 75% 75%
100% 90% 90% 75%
100% 100% 100% 100%
Figure 5.07Maximum Building Floor Plate
Vertical
Residential Park Modern Building ‐ Seattle, WA. Source: Build LLC SF floor plates(permitted)

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B.7B.6 Restrictions on Parcel AggregationB.7.01 In the Conservation: Creative Sector District only, existing parcels may not be aggregated
with other parcels to create larger parcels.

B.8 Open Space Standards
These standards require open space for all projects
except where exemptions are indicated. Larger open
space with additional amenities may be proposed as a
Community Benefit for Tier II and III projects.

Figure 5.08Open Space Configurations
Usable Open Space
Primary Open Space
Primary Open Space Usable Open Space
B.8.01 Minimum Area. All projects(except for existing
buildings in the Conservation ‐ Creative SectorDistrict) are required to provide a minimum amount of open space on‐site. The minimum
amount of open space depends on the District,
the size of the development site and the
Building Tier, as set forth in Table 5.03 (see
Figure 5.08 for illustration).

B.8.02 Required Dimensions: Primary Open Spaces 40’ Min. able Open Space
ared Street
vel Lanes
mary Open Space
Usable Open SpacePrimary Open Space
shall have a minimum average dimension of 40
feet in two opposing directions(see Figure 5.08
for examples of open space configurations).

B.8.03 Tier III Design Requirements: For Tier III
projects, each project is required to design
the open space required in B.8.01 as publicly
accessible and usable open space, and shall
include at least one Primary Open Space.

Primary Open Space is defined as a special
open space or plaza that is the most significant
in the overall identity of the project. Every
applicant shall identify the Primary Open
Space in submittal documents.

B.8.04 Accessibility and Visibility: All open space shall be directly accessible and visible from a public
right‐of‐way, shall be at ground level and open
to the sky, except as permitted in B.8.12.

B.8.05 Lighting: Illumination levels in open spaces
are required to maintain one horizontal foot
candle across all walkable and seating areas in
the open space, and along sidewalks adjacent
to the open space.

B.8.06 Amenities: Usable open space shall include
the provision of trees and human‐scaled
seating, landscaping, shading and lighting tothe satisfaction of the Architectural Review Board.

B.8.07 Mid‐block Pedestrian Connections: Mid‐block
pedestrian connections shall comply with the
following:
a. The minimum width shall be 16 feet. If the
connection serves as fire access, minimum
width shall be determined by the Building
Code.
b. At least one circulation path that is a minimum
of 8 feet in width, with amenities such as
seating, lighting and trees.

Min.

Us
Pr

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c. Mid‐block connections may count towards the
open space requirement provided they are
designed as usable open space and are designed
and maintained to exclude automobile traffic.

B.8.08 Connection with the Sidewalk: Where open
spaces front onto a street, they shall connect to
the sidewalk at grade level. Minor changes of
elevation of no more than 2 feet are permitted
within the first 15 feet back from the edge of
sidewalk. Changes of elevation of no more than
4 feet are permitted, provided that the elevated
area islocated at least 15 feet from the sidewalk.

Sunken plazas shall be no more than 18 inches
below the street level. All must meet federal
ADA guidelines.

B.8.09 Placement of Elements Along Sidewalk
Frontage: At least 50% of the linear sidewalk
frontage of a Primary Open Space is required to
be unobstructed by fixed elements, includingwalls or planters higher than 42 inches, fixed trash receptacles or elements that are
permitted elsewhere in the open space. This
zone of unobstructed open space shall extend
back from the property line a minimum of 15’.

Seating, including fixed seating, is permitted in
this zone.

B.8.10 Active Uses: In order to activate and enliven
open space areas, the following shall be
required. Active uses are defined in Section B.10
Street‐Based Frontage Standards.
a. No less than 50% of building frontages adjacent
to Primary Open Spaces shall be composed of
active uses, as measured in a linear directionalong the perimeter. b. Active uses, open spaces and entries shall be
oriented to the Primary Open Space.
c. Active uses are permitted to spill out into
Primary Open Space if they provide seatingand shading.

B.8.11 Open Space Furniture and Other Elements:

Open space furniture and other elements are
permitted to occupy up to a maximum of 40%
of the area of a plaza or open space. Allowable
features include such items fixed or movable
seating, plantings, lights, signage and trash
receptacles.

B.8.12 Awnings and other Coverings: Permanent
coverings associated with buildings, including
awnings and bridges, and/or freestanding
canopies, such as band shells, shall not cover
more than 25% of the square footage of
the open space, and shall have a minimumclearance of 8 feet. If overhanging a fire access lane, minimum clearance for coverings shall be
established by the Building Code.

B.8.13 Primary Open Space – Prohibited Elements:

The following shall not be permitted in or
directly adjacent to a Primary Open Space.
a. Mechanical Systems: Building mechanical
systems shall not be exhausted within or
at the perimeter of Primary Open Spaces.

Mechanical intakes on adjacent building wallsshall be installed at a minimum height of 15 feet above the open space grade.
b. Auto‐related Elements: Garage entrances,
driveways, parking spaces and loading docks.
c. Trash or othersolid waste storage facilities.

B.8.14 Plant Species Types and Irrigation: For planting, trees and irrigation, refer to the City of Santa
Monica’s Landscaping Standards. Also, seeChapter 7, Street Standards, for an approved list of tree species by street.

B.8.15 Residential Entries: Entries to individual
residential units are permitted in open spaces, if
they are recessed by at least 5 feet from public
or publicly‐accessible private walkways and
sidewalks.

B.8.16 Ground floor Windows: Glazing on the ground
floor shall be transparent and non‐reflective.

B.8.17 Fences, Walls and Hedges: Fences, walls
and hedges within Primary Open Spaces are
permitted with a maximum height of 42 inches.

B.8.18 Art Center Open Space: Existing and new
development on both the City‐owned parcel
and other parcels within the Conservation: Art
Center will share open space and contribute toits construction and maintenance as determined in a Development Agreement. Configuration,
size and other design parameters will also be
determined in the Development Agreement.

B.8.19 Off‐Site Alternative: With approval through a
discretionary process, 50% of the required open
space is allowed to be provided off‐site if it is
held in permanent trust as publicly accessible,
and if it is located in the Bergamot Plan area.

B.9 Minimum Depth of Retail Space
Where projects provide spacesfor retail establishmentsat the ground floor, these spaces shall comply with thestandards set forth in Table 5.03.

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STEWART STREET

CARMELINA AVENUEBERKELEY STREET

STANFORD STREET

CENTINELA AVENUEFRANKLIN STREET

STEWART STREET

WARWICK AVENUE
B.10 Street‐Based Frontage Standards
This section provides street‐based frontage standards
for each streettype included in the Plan. The standards ensure an integrated approach to the public realm
by relating the frontage type of new development
to the street type that the building faces. A certain
percentage of the external building wall is required
to meet the frontage line (build‐to line) to define the street wall. The standards for each street type are
designed to be compatible with the character, use
and width of the street. The standards in this section
govern new construction, remodels, additions andopen space on private land. Standards for design and construction of the street right‐of‐way in the
Bergamot Plan area can be found in Chapter 7, Street
Standards and Guidelines.

Street typesinclude Complete Streets, Flexible Streets, Shared‐Space Streets, Landscape Emphasis Streets,and Pedestrian/Bike‐Ped Paths (see Figure 5.09).

B.10.1 Integration of Project Features. Tier II
and III projects shall integrate on‐site
community benefits, such as culturaland community facilities, so that they are consistent with the intent of these
standards.

CLOVERFIELD BOULEVARD
Figure 5.09Street Frontage Types
Complete Street Landscape Emphasis StreetFlexible Street Pedestrian Path Shared‐Space Street Pedestrian Priority Corridor*

COLORADO AVENUE COLORADO AVENUE

PENNSYLVANIA AVENUE

NEBRASKA AVENUE

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B.10.2 Projects with more than one street frontage.

Where projects front on two or more streets,
the following hierarchy should be followed.

From the higher ranked to the lower ranked
(first to last) as listed below, both the main
and pedestrian entrances of buildings should
face 1) Pedestrian Priority Corridor, 2) Flexible
Street, 3) Landscape Emphasis Street, 4)
Traditional Complete Street, 5) Shared‐Space
Street, and 6) Pedestrian Path or Alley. Project
applicants should determine the primary
façade orientation for their project and
indicate it in their application. Main building
entries and Primary Open Spaces should be
oriented to the higherstreet in the hierarchy.

B.10.3 First Two Stories at Frontage Line. Because the
first two stories of a building define the quality
of the pedestrian experience, a minimum
percentage of the first two stories of all
building façades of a project must be located
at the build‐to line. Building recesses within
12 feet of the build‐to line are considered for
this purpose to be located at the build‐to line.

Any stories above the first two floors are not
required to adhere to the frontage line (see
Table 5.04). One‐story façade frontages qualify
if they have a height of 24 feet or greater, as
determined by the Director of Planning &Community Development or his/her designee.

Accessory buildings, such as kiosks are exempt
from this standard.

Definitions of Standards:

Active Ground Floor:

Active Ground Floor uses include retail, restaurant,services, residential (if individual unit entries are oriented along the frontage), lobby entries,offices (if fenestration is provided), workshops (if entries are oriented along the frontage), live/work
and community gathering spaces. The minimum
percentage established in Table 5.08 refers to the
amount of active uses that must occupy the first floor
of the building along the street frontage, as expressed in linear feet.

Build‐to Line:The build‐to line isset by each street type as a distance to the property line. The building’s front façade is to be built on the build‐to line. Building recesses of up
to 12 feet back from the build‐to line are permitted,
if they are occupied by landscaping or usable open
space.

Fenestration at Ground Floor:

Exterior walls of ground floor uses facing and within
125 feet of the street frontage line (build‐to line)
shall include windows, doors or other openings in
the building wall area located between 2.5 and 7
feet above ground level (see Table 5.04 for minimum
percentage of fenestration per street type).

Ground Floor Height:

The minimum Ground Floor Height is established in
Table 5.04, measured from the top of the ground floor
to the top of the next floor above.

Façade Height at Frontage Line:Minimumandmaximumfaçadeheightsareestablishedperstreet frontage type and district and are expressed by the number of stories (see Table 5.04, and Section
B.2 Height Limits in the Development Standards).

Building setbacks (B.5 Building Modulation of Top
Floors)shall be observed above this height. See Figure

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Table 5.04 Street Frontage Standards
STREET

FRONTAGE STANDARDS

FLEXIBLE
STREET COMPLETE STREET* SHARED SPACE STREET* LANDSCAPE EMPHASIS STREET* PEDESTRIAN PATH ACTIVE GROUND FLOOR MIN. % OF ACTIVE GROUND FLOOR 75% 50% 50% 25% 25% MIN. % OF FENESTRATION AT GROUND FLOOR 75% 50% 50% 50% 50% MIN. GROUND FLOOR‐ TO‐FLOOR HEIGHT 18’ 15’ 12’ 15’ NA
BUILDING MASS FAÇADE HEIGHT AT FRONTAGE LINE** Minimum = 2 Stories Max (BTV) = 5 Stories Max (MUC) = 3 Stories Minimum = 2 Stories Max (BTV) = 5 Stories Max (MUC) = 3 Stories Minimum = 1 Story Max (BTV) = 5 Stories Max (MUC) = 3 Stories Minimum = 2 Stories Max (BTV) = 5 Stories Max (MUC) = 4 Stories NA MIN. % OF FIRST 2 STORIES OF BUILDING AT FRONTAGE LINE 90% 70%*** 75% 75% 50% NA BUILD‐TO LINE Property
Line
Set Back 5’ from
Property Line
Property
Line
Set Back 10’ from
Property Line
NA
* On streets within the Pedestrian Priority Corridor, Street Frontage Standards are equivalent to Flexible Street Standards ** BTV = Bergamot Transit Village (5 Stories = Maximum 60’) MUC = Mixed‐Use Creative District (3 Stories = Maximum 36’) *** When usable and publicly accessible open space is provided along the street frontage on Nebraska Avenue

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Street Type Descriptions and
Additional Standards:

B.10.A Flexible Street
Intent: The Flexible Streettype is a pedestrian‐oriented activity street. In the Mixed‐Use Creative District, the Flexible Street type includes parcels facing NebraskaAvenue. In the Transit Village, the Flexible Street type includes a new extension of Nebraska Avenue. As
shown in Figure 5.9, the Flexible Street standards also apply to all new development facing the Pedestrian
Priority Corridor. These streets will have groundfloor frontages with the highest percentage of activeuses in the Bergamot Plan area. Retail activities are concentrated along this corridor, along with other
varied uses, including creative offices and live/workstudios. The Flexible Street type streets will have the most continuous street walls in the Bergamot Plan
area, punctuated by green open spaces enhanced byrestaurants and cafés.

Because this corridor belongs to both the Transit
Village and the Mixed‐Use Creative District, the
maximum height of the buildings varies (see Table

5.03 and see Figure 5.10 for illustration).

B.10.A.01 The build‐to line is defined as at the
property line.

B.10.A.02 The first and second floors of the building
shall be oriented parallel to the frontage
line. The upper floors are encouraged
but not required to follow the same
orientation.

Figure 5.10Flexible Street
B.10.A.03 Entries to individual residential units are
permitted if there is a recess of at least 5
feet from the sidewalk.

B.10.A.04 Up to 30% of frontage along the Flexible
Street may be publically accessible open
space. This open space should be the
project’s Primary Open Space. Also see
Open Space Standards in Section B.

B.10.A.05 Parking areas or garages are not permitted
to front on the street.

B.10.A.06 To reduce the number of curb‐cuts, no
entries to parking areas or garages shall
be located on the Pedestrian Priority
Corridor, unless no other right‐of‐way
access exists, as determined by the
Planning & Community Development
Director or his/her designee.

B.10.A.07 Garage entrances, driveways, parking
spaces, loading docks and solid waste
storage facilities are not permitted along
the Flexible Street type streets.

B.10.A.08 Glazing shall be transparent and non‐
reflective.

B.10.A.09 Walls and fences along the street frontage
shall have a maximum height of 42 inches.

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B.10.B Complete Street
Intent: While the Complete Street type in the
Bergamot Plan area applies to streets that are
focused on carrying vehicular traffic, these streets
will accommodate bicycle and pedestrian traffic as
well. Development along these streets should create
a pleasant pedestrian environment by means ofstreet
improvements, building entries, entry courts and
interesting frontages. Complete Street frontages are
not expected to have a significant amount of retail,
but should have mostly active uses and a continuous
street wall (see Figure 5.11 for illustration).

B.10.B.01 The build‐to line is defined as being set
back 5 feet from the property line to
provide more width for sidewalks and
landscaping.

B.10.B.02 The first two floors of the building shall
be oriented parallel to the frontage line.

The upper floors are encouraged but notrequired to follow the same orientation.

B.10.B.03 Main entrances should be oriented to the
street. Entries to individual residential
units are permitted if there is a recess of
at least 5 feet from the sidewalk.

B.10.B.04 Up to 25% of frontage along a Complete
Street may be publicly accessible openspace. Primary Open Space oriented to Complete Streets can be offset from
the street, but visible and direct access
should be provided. Also see Open Space
Standards in Section B.8.

B.10.B.05 Parking areas at or above grade shall be
screened from the frontage street by
active uses.

B.10.B.06 Entries to parking areas or garages are
permitted along Complete Street type
streets. Driveways shall be grouped
together to minimize curb cuts, and
limited such that there is no more than
one curb cut per 100 feet.

Figure 5.11Complete Street
B.10.B.07 Glazing shall be transparent and non‐
reflective.

B.10.B.08 The maximum height of walls and fences
along the street frontage is 42 inches,
and they shall be designed to add visual
interest to the pedestrian experience.

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B.10.C Shared‐Space Street
Intent: The Shared‐Space Street type in the Bergamot
Plan area applies to streets that allow pedestrians,
bicyclists and automobilesto share space (see Chapter
7, Section D Shared‐Space Street). The pace of the
Shared‐Space Street will be slow and leisurely. A mix
of uses that are as flexible as possible will provide an environment for multimodal and interpersonal mixing
and mingling: workers and residents, artists and
teachers. Development standards for Shared‐SpaceStreets are intended to support the innovative and more intimate character of thisstreet type (see Figure

5.12 for illustration).

B.10.C.01 The build‐to line is defined as at the
property line.

B.10.C.02 The firstfloor ofthe building is encouraged
but not required to be oriented parallel to
the frontage line.

B.10.C.03 Retail usesshould front on the street and/
or be located at the corners of buildings
(see Retail Standards in Section B.9).

B.10.C.04 Up to 25% of frontage along a Shared‐
Space Street may be publicly accessible
open space. This open space shall directly
connect to the street and complementthe streetscape. Active uses should frame these open spaces whenever possible.

Also see Open Space Standards in Section
B.8.

B.10.C.05 Parking areas or garages are not permitted
to front the street.

B.10.C.06 The number and size of entries to parking
areas or garages shall be minimized on
Shared‐Space Streets, and their design
should be integrated with the streetscape.

B.10.C.07 Loading docks and solid waste storage
facilities are not permitted along the
Shared‐Space Street.

B.10.C.08 Glazing shall be transparent and non‐
reflective.

B.10.C.09 Walls and fences along the street frontage
shall have a maximum height of 42 inches.

Figure 5.12Shared‐Space Street

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B.10.DLandscape Emphasis Street
Intent: The Landscape Emphasis Street type consists
of a section of Olympic Boulevard between Stewart
and Centinela, which will be a green boulevard.

Because the scale of Olympic Boulevard is large and
it is a primarily auto‐oriented street in this area, the buildings on thisfrontage should be balanced by more
generouslandscaping (see Figure 5.13 for illustration).

B.10.D.01 The build‐to line is defined as being set
back 10 feet from the property line to
allow for landscaping and sidewalks. For
buildings not parallel to the property line,
the minimum setback of 10 feet appliesto
the building corner closest to the property
line.

B.10.D.02 Along Olympic Boulevard, buildings are
not required to be oriented parallel to the
frontage line.

B.10.D.03 Where there are not active ground floor
uses, the setback shall be landscaped with
attractive, drought‐tolerant vegetation
and structures shall include a well‐ detailed building façade that responds to the pedestrian scale.

B.10.D.04 Major building entrances shall face the
street.

B.10.D.05 Retail uses shall front the street and be
located at building entries or building
corners. Also see Retail Standards in
Section B.9.

B.10.D.06 Entries to individual residential units are
permitted if there is a recess of at least 5
feet from public walkways or sidewalks.

B.10.D.07 Up to 50% of frontage along the Landscape
Emphasis Street may be dedicated toopen space. Primary Open Space for the Landscape Emphasis Street type can be
offset from the street, but visible and
direct access should be provided. Also see
Primary Open Space Standards in Section
B.8.

B.10.D.08 Parking areas or garages are not permitted
to front on the street.

B.10.D.09 No entries to parking areas or garages
shall be located on the Landscape
Emphasis Street, unless no other right‐of‐
way access exists.

B.10.D.10 Glazing on the ground floor shall be
transparent and non‐reflective.

B.10.D.11 The maximum height of walls and fences
along the street frontage is 42 inches,
and they shall be designed to add visual
interest to the pedestrian experience.

Figure 5.13Landscape Emphasis Street

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Figure 5.14Pedestrian Path
B.10.E Pedestrian Path/Bike‐Ped Path
Intent: The Pedestrian Path and Bike‐Ped Path
throughway type in the Bergamot Plan area applies to
a network of internal and through‐block connections.

It also applies to new development along the Expo
Regional Bike Path and along alleys. New development
along any Pedestrian Path/Bike‐Ped Path is required
to be arranged so as to make the path feel safe,
active and inviting. Pedestrian Path/Bike‐Ped Paths of
different developments should be interconnected to
form a network throughout the area (see Figure 5.14
for illustration).

B.10.E.01 For Tier III projects, all new development
shall provide a through‐block publicallyaccessible Pedestrian Path or Bike‐Ped Path as shown on the Bergamot StreetNetwork map. This can be combined with required fire access.

B.10.E.02 Active uses, open spaces and entries along
Pedestrian Path/Bike‐Ped Paths shall be
oriented to the Pedestrian Path/Bike‐PedPath.

B.10.E.03 Garage entrances, driveways, parking
spaces, loading docks and solid waste
storage facilities are not permitted along
Pedestrian Path/Bike‐Ped Paths.

B.10.E.04 Fences along Pedestrian Path/Bike‐Ped
Paths up to 42 inches are only permitted
if made of a sufficiently transparent
material for natural surveillance of the
path. For example, fences can be metal
pickets spaced apart. Chain link fencing is
discouraged. Operable gates (open to the
private side) must be provided.

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B.11 Flexible Development Standards
In unique circumstances, a proposed project may
support the life and activities of the sidewalk
and community even though it cannot meet the
Development Standards. Projects that cannot meet
the Development Standardsshould still be considered,
if the authorized review entity determines that a
flexible approach to design promotes design creativity, architectural innovation and the vital sidewalk life
and activity of both the site of the project and the
overall street setting. See table 5.05 for mandatory
and flexible design standards following this track.

When design flexibility is sought, the following
considerations must be established and stated as
findings by the appropriate review entity.
a. That meeting all development standards will
prevent physical innovation in mixed‐use
development and/or building design;
Table 5.05 Flexible Development Standards
b. That the proposed design reinforces and
enhances the establishment of mixed‐ use pedestrian‐oriented environment andsidewalk life in the Transit Village and Mixed‐ Use Creative Districts;
c. That the proposed design supports local uses,
including, but not limited to the provision
of housing, daily community needs and/or
services, and/or public open space and green
connections to adjoining neighborhoods;
d. That the proposed design integrates features
and amenities, including, but not limited to
wider sidewalks, landscaping and trees and/or
arts and cultural uses; and
e. That, where relevant, the proposed design
maintains solar access for existing, adjacent or
adjoining residential land uses.

B.12 Non‐Conforming Uses and Standards
The Zoning Ordinance of the City of Santa Monica
includes regulations governing modification and
expansion of non‐conforming buildings and uses.

Properties in the Bergamot Plan area are subject tothose regulations with the exception of the followingprovisions. These provisions are intended to support Bergamot Area Plan goals by allowing existing non‐
conforming buildings and uses to remain and adapt to
changing needs while retaining desired architectural
character.

B.12.01 Bergamot Transit Village/Mixed‐Use Creative
District
Pedestrian access: If a building is repurposed with a
conforming use but has an existing uninterrupted
façade of over 300 feet in length and previously
contained a use not permitted in this plan (non‐
conforming use), the building shall be modified to
provide a pedestrian throughway at the ground level,
with a minimum 12 feet in width and minimum height
clearance of 12 feet. The pedestrian throughway
entrance shall be located not less than 300 feet
from the nearest perpendicular street and shall be
visible from the sidewalk. All throughways shall be
perpendicular to the two longest building sides and
shall not be considered floor area for purposes of
calculating FAR. Landscaping that meets the intent
of the Design Guidelines shall be provided subject to
Architectural Review Board approval. The throughwayshall be well‐lit, remain visually unobstructed and shall be maintained per the approved landscape plan.

FLEXIBLE DEVELOPMENT STANDARDS MANDATORY FLEXIBLE
FLOOR AREA RATIO (FAR) •
HEIGHT LIMITS •
TRANSITIONAL HEIGHT ZONES •
MIX OF USES •
BUILDING HEIGHT MODULATION OF TOP FLOORS •
MAXIMUM BUILDING FLOOR PLATE •
OPEN SPACE STANDARDS •
RETAIL DESIGN STANDARDS •
STREET‐BASED FRONTAGE STANDARDS •

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B.12.02 Conservation: Creative Sector (CCS) and
Conservation: Art Center (CAC) Districts
a. Theaddition ofmezzanineswithin the envelope
of a building in existence as of January 1, 2013
shall not count as floor area for the purpose of
calculating FAR.
b. The State Historic Building Code may be
applied to buildings in existence as of January
1, 2013, with all determinations subject to
approval of the City’s Building Official.

B.13 Bergamot Area Plan Special SignageChapter 4.D, Art and Culture sets forth goals and policies for the Plan area that seek to build on the
area’s creative and historic assets; promote the area’s continued evolution “with a unique, creativity‐based
identity;” and attract “creative entrepreneurs that
contribute to the area’s economic health.” These
Special Signage standards addressthe Art and Culture
goals in this plan by allowing flexibility from the city‐ wide sign code for unique business identification
signage that achieves more interest and diversity, and
which contributesto the overall creative identity ofthearea as described and defined elsewhere in the Plan.

Signs that may exceed the Sign Code’s specifications,
which generally ensure reasonable and visible signs in
the city, are desirable and appropriate for the districts that comprise the Plan area, provided certain specific, objective standards are still met.

In general, sign permits in the Bergamot Plan area
shall be issued subject to the standards and process
set forth in the Municipal Code (SMMC 9.52 ‐ Sign
Code). However, the size and locational restrictions
of SMMC 9.52.140, sign type restrictions of SMC

9.52.150 and the area restrictions in SMMC 9.52.160
may be modified for Bergamot Area Plan Special
Signage, based on criteria that will be added to the
sign code.

B.13.01 Adopt Bergamot Area Plan Special Signage
provisions in Santa Monica sign code.

B.14.A Parking and Loading Standards and
Transportation Demand Management
This section includes standards applicable to all
projects within the Plan area for automobile and
bicycle parking, as well as participation in trip
reduction strategies. The automobile parking
standards begin with requirements for non‐residential
uses, followed by residential uses and then by
regulations that are generally applicable and not
based on land use. This is followed by bicycle parking
and loading standardsfor all uses. The last sub‐section institutes requirements related to establishment and
participation in Transportation Demand Management
(TDM) measures and the Transportation Management
Association (TMA).

B.14.A Automobile Parking Requirements
Parking requirements shall be set forth in Chapter

9.28, Parking, Loading, and Circulation, of the SantaMonica Municipal Code. Bergamot Plan‐specificautomobile parking minimums and maximums havebeen developed for commercialand residential uses,with the long‐term goal of developing an average parking supply rate of 2.0 spaces per 1,000 square feetat full build‐out. Where

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parking is referred to as “shared,” the intention isthat it is designed and operated in a way thatallows its use by those living or working on theproperty where the parking is provided, by thoseliving nearby or employed in other areabusinesses, and by visitors to the area who arenot there on a regular basis.The parking requirements are differentdepending on the implementation phase of theBergamot Plan. Three phases are assumed—thefirst at Plan adoption, the second at 2,500 netnew spaces, and finally when a minimum of 5,000net new spaces have been built— with parkingrates ratcheting down to ensure that the targetrate is achieved at build‐out. It is assumed thatparking demand will be higher in the early yearsof district development than in later years, basedon aggressive area‐wide implementation of TDMand achievement of vehicle trip reduction targetsthrough stronger transit, bicycle and pedestrianfacilities. Also, it is assumed that early projectswill provide moreparking to allow for sharing withadjacent uses. Over the long run, the totalcommercial parking ratio shouldnot be more than2.0 spaces per 1,000 square feet. In the short run,individual projects may be higher, up to4.0 spaces per 1,000 square feet. “Net NewSpaces” are defined as the total increasednumber of off‐street parking spaces built in thewhole Bergamot Plan area above the basenumberthat is documented in this Plan.Where reserved parking is necessary, parkingmay be reserved for residential tenants of abuilding or for off‐ site users at the property owner’s discretion. In shared parking spaces,signage designating specific users shall not beallowed.

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Commercial Parking Standards:

The definition of commercial uses in the BergamotPlan area includes all uses that are non‐residential.Grouping retail, office, creative businesses andsupporting services under the broad definition of acommercial use allows simplified parking standards,and facilitates the opportunity for district‐wide sharedparking among land uses of different sizes and peakand non‐peak hours of commuting.Commercial standards are summarized in Tables5.06 and 5.07. See also sub‐section B14.A.07 forparking requirements applicable to changes of use inan existing building and sub‐sections B.14.A.03 andB.14.A.04 for exemptions for minor additions and inthe Conservation districts.

Table 5.06 Tier 1 & Tier 2 Bergamot Plan Area Commercial Parking Reqirements per 1,000 Square Feet

REQUIRED MAXIMUM WITH VOLUNTARY SHARED PARKING
At Plan Adoption 2.0 4.0, of which no more than 2.0 may be reserved At 2,500 Net New Spaces 2.0 3.0, of which no more than 1.5 may be reservedAt 5,000 Net New Spaces 0.0 2.0, of which no more than 1.0 may be reserved Table 5.07 Tier 3 Bergamot Plan Area Commercial Parking Reqirements per 1,000 Square Feet B.14.A.01 Parking Requirements At Plan
Adoption
a. Tier 1 and Tier 2 projects: 2.0 parking spaces
per 1000 SF shall be required, which may bereserved or voluntarily shared with the public.More than 2.0 spaces/thousand square feetshall be permitted up to a maximum 4.0 spacesper 1,000 square feet per Table 5.05, providedthat the additional portion over 2.0 per 1000SF shall be shared with the public. b. Tier 3 projects: A minimum of 2.0 spaces per
1,000 square feet are required. Of the 2.0required spaces, a minimum of 1.0 space per1000 SF shall be shared and a maximum of 1.0space per 1000 SF may be reserved. No morethan 4.0 spaces per 1,000 square feet shall bebuilt, and a maximum of 2.0 spaces may bereserved. i. Notwithstanding the above, thenumber of existing parking spaces in a Tier3 project in excess of the required 2.0 per1000 SF, may be maintained for the useof on‐site tenants for the first five yearsfollowing initial occupancy, after which50% of those spaces shall also be sharedin the same manner as the other sharedspaces.

B.14.A.02 Parking Requirements At 5,000 Net New
Spaces: Once 5,000 net new spaces have beenconstructed, no minimum amount of parkingis required for Tier 1, Tier 2, or Tier 3 projects;however, the following shall be insteadrequired:
a. Prior to issuance of building permits, the
applicant shall join the Transportation
Management Association (TMA) and record adeed restriction agreeing to require all building tenants to become members of the TMA for
not less than 25 years;
b. Prior to issuance of building permits, the
applicant shall remit an additional payment to
the TMA for the operation and maintenance of
shared parking facilities and implementation of
vehicle trip reduction measures in an amount
to be determined by resolution of the CityCouncil in compliance with applicable law; and c. Required TMA membership shall be included
as a separate line item in all applicable leases.

REQUIRED MAXIMUM
At Plan Adoption

2.0, of which at least 1.0 must
be shared 4.0, of which no more than 2.0 may be reserved At 2,500 Net New Spaces

2.0, of which at least 1.0 must
be shared

3.0, of which no more than 1.5 may be reserved
At 5,000 Net New Spaces 0.0

2.0, of which no more than 1.0 and no more than
50% of any parking provided may be reserved

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B.14.A.03B.14.A.02 Exemption, Minor Additions:

Additions of up to 500 square feet of grossfloor area to existing buildings are exemptfrom the parking requirements, but may notreduce thenumber of parking spaces alreadyprovided on the property in completing theproject. This exemption may only be appliedonce to a property. Projects receiving thisexemption shall provide secure bicycle parkingasrequiredby Table 5.11.

B.14.A.04 Exemptions, Conservation Districts:

Notwithstanding the above, the followingexemptions from the parking requirementsshall apply for buildings in existence as ofJanuary 1, 2013 in:
a. The Conservation: Creative Sector (CCS)
District:
i. Additions up to 2,500 square feet,provided that the project does not removemore than 50% of the exterior walls andstructural supports and that the projectdoes not reduce the number of parkingspaces already provided on the property.ii. The addition of mezzanines asdefined in the Zoning Ordinance within theexisting building envelope. b. The Conservation: Art Center (CAC) District:

The addition of mezzanines within the existingbuilding envelope. c. Projects exempted from providing automobile
parking per (a) and (b) above shall providesecure bicycle parking as required by Table5.11. d.a. Prior to issuance of building permits for
projects utilizing the parking exemption in
a conservation district, the applicant shall
join the TMA and record a deed restriction
agreeing to require all building tenants to
become members of the TMA for not lessthan 25 years. Required TMA membership shall be included as a separate line item in all
applicable leases.

B.14.A.05B.14.A.03 Use of Tandem or Stacked
(including mechanically‐stacked) Spaces:

Tandem and/ or stacked parking shall be
permitted for non‐ residential uses with the
condition that valet parking, or automated
vehicle release for stacked parking, is
provided during all hours of operation.

Tandem spaces shall have a minimum size of8.5 feet by 34‐36 feet.

B.14.A.06B.14.A.04 Charging for Parking Required:
a. Cost to be Unbundled: All commercial parking
spaces shall be unbundled from the cost of aleased commercial space, and the cost of the parking space shall be included as a separate
line item in the commercial space lease.
b. Parking Pricing: All shared parking spaces
shall be priced at an hourly or daily rate per
B.14.A.15. If shared parking spaces are leased
on a monthly basis, the monthly rate shall notbe less than twenty (20) times the applicabledaily rate. The rate charged to local employees may vary from those of park‐and‐ride transit
users in order to prioritize TMA business
needs. A variable parking rate for off‐peak
hours may also be introduced.

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B.14.A.07 Parking for Changes of Use of Existing
Buildings: When the use of a building inexistence as of January 1, 2013, or portionthereof, is proposed to change to adifferent commercial use or residentialuse, the following shall apply:

B.14.A.08 For projects changing the use of up to
5,000 square feet of floor area: Theproject shall retain the existing number ofparking spaces, except as permitted in sub‐section B.14.A.18.

B.14.A.09 For projects changing the use of more
than 5,000 square feet of floor area:Parking shall beprovided at the greater of:a) retention of the existing number ofparking spaces, or b) the requirement forthe entire property per Tables B.14.A.10 5.06 and 5.07. Only in the case that
retained parking is in excess of theparking requirements of this plan mayparking spaces be converted for bicycleparking per sub‐section B.14.A.18.

B.14.A.11 Changes of use through multiple
applications within a five‐year periodshall be considered as one cumulativeproject for purposes of this section.

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Residential Parking Standards:

All residential uses are assumed to consist of multi‐ family units of various size and number of bedrooms.By having both a base parking requirement and amaximum, developers can build the right amountof parking to serve each development. Residentialstandards are summarized in Tables 5.08 and 5.09.See SMMC Chapter 9.22, State Density Bonus, for alternative parking ratios.

B.14.A.12 Parking Requirements at Plan
Adoption
a. Tier 1 and Tier 2 projects: For both residential
rental and for‐sale projects, a minimum of 1.5spaces per residential unit shall be provided,regardless of unit size or number of bedrooms,and 1.0 space per unit must be reserved. Nomore than 2.0 spaces per unit shall be built, of Table 5.08 Tier 1 & Tier 2 Bergamot Plan Area Residential Parking Reqirements per Unit

REQUIRED MAXIMUM WITH VOLUNTARY SHARED PARKING
At Plan Adoption

1.5, of which at least1.0 must be reserved 2.0, of which no more than 1.5 may be reserved At 5,000 Net New Spaces 1.0 1.5, of which no more than 1.0 may be reserved Table 5.09 Tier 3 Bergamot Plan Area Residential Parking Reqirements per Unit

REQUIRED MAXIMUM
At Plan Adoption

1.5, of which at least 1.0 must be
reserved and 0.5 must be shared

2.0, of which no more than 1.5 may be reserved
At 5,000 Net New Spaces 1.0, which must be shared 1.5, of which no more than 0.5 may be reserved which only 1.5 spaces may be reserved.
b. Tier 3 projects: For both residential rental and
for‐sale projects, a minimum of 1.5 spaces perunit shall be provided regardless of unit sizeor number of bedrooms. Of the 1.5 requiredspaces, a minimum of 0.5 spaces per unitshall be shared and a maximum of 1.0 spaceper unit shall be reserved. No more than 2.0spaces per unit shall be built, of which only 1.5spaces may be reserved.

B.14.A.13 Parking Requirements at 5,000 Net New
Spaces: Once 5,000 net new spaces havebeen constructed, Tier 1 and Tier 2housingprojects must provide a minimum of 1.0space per unit, which may be reserved orshared. Tier 3 projects must provide a minimum of 1.0 space per unit of sharedparking.

B.14.A.10 B.14.A.04 Tandem ParkingProhibited: Residentialtandem parking shall not be permitted.

B.14.A.11 B.14.A.05 Charging for Parking Required:
a. Cost to be Unbundled: Payment for residential
parking spaces shall be unbundled from the cost
of rent or purchase, except in the case of for‐sale
units with 3 bedrooms or more, whichare allowed
to include 1 parking space in the base cost of the
unit.
b. Parking Pricing: All parking spaces shall be priced
at an hourly or daily rate per B.14.A.15.If parkingspaces are leased on a monthly basis,the monthly rate shall not be less than twenty
(20) times the applicable daily rate. The rate
charged to residents and TMA members may
vary from those of park‐and‐ride transit users in

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order to prioritize resident needs. A variable
parking rate for off‐peak hours may also be
introduced.
c. Parking for Deed‐Restricted Affordable
Units: For deed‐restricted affordable units,
the tenant may choose to either receive
one parking space, which shall be included
within the unit’s affordable rent level, or
receive a rent discount equivalent to half
the amount charged for monthly lease ofa parking space, in exchange for not receiving a parking space. Tenants of
affordable units shall not be permitted tosub‐ lease their parking spaces.

B.14.A.12 B.14.A.06
On‐street Parking Permits
Prohibited. All residential projects shall
record deedrestrictions stating that
residents shall not participate in
surrounding preferential parkingdistricts.

Thisrestriction shall be included in all
residential leases.

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General Parking Standards:

B.14.A.13 Alternatives to Providing On‐site Parkingat 2,500 Net New Parking Spaces: As an alternative toproviding a project’s required parking on‐site,applicants may fulfill their minimum parkingrequirements by joining the TransportationManagement Association (TMA), recording a deedrestriction agreeing to require all building tenants tobecome members of the TMA for not less than 25years, and including a separate line item inall leasesrequiring TMA membership. In addition, applicants shallcomply with one of the following:
a. Shared Parking with lease: Submitting a shared
parking agreement with the owner(s) of one ormore parking facilities within 1,000 linear feet,agreeing to share parking that had previouslybeen reserved for the use of on‐site tenantsthat is demonstrated to be underutilized basedon a parking demand study. The agreementshould stipulate provisions regarding accessto, use of and management of the designatedspaces. In order to ensure that the applicantis adhering to the agreement, a monitoringand enforcement process will need to beestablished. b. Shared Parking without lease: Demonstrating
that with the completion of the proposedproject and that of other projects with buildingpermits issued and under construction within1,000 linear feet of the subject property, theaverage non‐residential parking ratio of allproperties within 1,000 linear feet will be at or above 2.0 spaces per 1,000 square feet; and
I. Prior to issuance of building permits, theapplicants shall also remit an additionalpayment to the TMA for the operationand maintenance of shared parkingfacilities and implementation of vehicletrip reduction measures that will serve theproject in an amount to be determined byresolution of the City Council in compliancewith applicable law. c. For changes of use in an existing building and
projects with
a gross floor area of 15,000
square feet or less: Prior to issuance of buildingpermits, payment of a per‐space in‐lieu feeto be used for vehicle trip demand‐reducingimprovements in the Bergamot Plan area asdetermined by resolution of the City Council inaccordance with applicable law. d. For Projects with
a gross floor area of 15,000
square feet or more: Prior to issuance ofbuilding permits, payment of a per‐space in‐ lieu fee for up to 50% of the total number ofspaces required to be used for improvementsin the Bergamot Plan area as determined byresolution of the City Council in accordancewith applicable law.

B.14.A.14 B.14.A.08
Carsharing Spaces: Once a carshare
provider is present in Santa Monica, thefollowing shall apply:
a. Tier I and II: one required parking space may be
used as a carsharing space for the first 50‐200
residential units plus one additional space for
every additional 200 units. For non‐residentialuses, one required parking space may be used as a carsharing space for every 50 required
parking spaces.
b. Tier III: Development agreements for Tier III
shallrequire carsharing spaces with a minimumof one space for every 200 residential units and one space for every 50 non‐residential spaces.

Carsharing spaces may be redesignated as
shared parking if there is no longer a carshare
provider present in Santa Monica.

B.14.A.15 B.14.A.09
Parking Pricing: In all Plan area parking lots
established after Plan adoption, a minimum
daily parking fee of not less than $8 shall be
charged, with the hourly rate not more than
1/8th the daily rate. Thisrate shall be
adjustedannually based on the CPI rate
utilized by the City. To achieve a balanced
parking system and optimal utilization
targets, the fee shallbe adjusted upward
from the minimum for high demand street
segments and facilities,as determined by the
Director of Planning
& Community
Development or his/her designee,to promote
turnover in the most frequently utilized
street segments and facilities.

B.14.A.16 B.14.A.10
Technology for Shared Parking: Pay station
technologies that accept credit cards, debit
cards and pay‐by‐phone shall be installed in
all shared parking facilities. Parking facilities
shall have auditable payment and utilization
technologies, including automated

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utilization counting and the ability to
distinguish betweendifferent parking
users, with utilization data

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Table 5.10 06 Ridesharing and Zero‐EmissionVehicle Parking Requirements updated and transmitted in real time for use
by third parties. Parking facilities shall be
designed and constructed to accommodate
necessary current or future access controls.

B.14.A.17B.14.A.11 Designated Parking Spaces:

Developments that provide shared and/orcommercial parking shall provide designated parking for zero‐emission vehicles with EV
recharging capability and carpool/vanpool
vehicles, as shown in Table 5.10. These spaces
shall be included in the minimum requiredparking. EVrecharging may be fee based.

B.14.A.18B.14.A.12 Conversion of automobile
spaces to bicycle parking: For existingbuildings, required automobile parking spaces may be replaced with bicycle parking at a
minimum ratio of one automobile parking
space for every eight short‐term, five long‐
term or six combined short‐ and long‐term
bicycle parking spaces. No more than 10% of
the total number of automobile parking
spaces on the property may be replaced in
this manner. For buildings with fewer than 10
automobile parking spaces, one requiredautomobile parking spacemay be replaced in this manner if no other suitable location for
bicycle parking exists on the property asdetermined by the Director of Planning & Community Development or his/ her
designee.

B.14.A.19B.14.A.13 Driveway Location: Driveways
shall not be permitted if alley access is
available.

B.14.A.20B.14.A.14 Parking Access: A parking
access plan shall be submitted for the
approval of the Director of Planning &Community Development or his/her designee that demonstrates satisfaction of the
following:
a. Appropriate number and location of entries
and exits
b. Minimal conflict with pedestrian and bicycle
paths of travel
c. Adequate internal circulation
d. Access control designed to accommodate peak
demand without causing vehicle queuing inthe public right‐of‐way e. Signage for drivers and pedestrians
B.14.B Bicycle Parking Standards
Providing an adequate supply of bicycle parking at all
destinations is critical in the Plan area to encouragebicycle use and reduce auto travel for all types of trips.

Requirements in Table 5.11 are broken down into
short‐ and long‐term parking requirements. Short‐ term bicycle parking is designed for parking needs of less than three hours, while long‐term bicycle parking
is designed for parking needs over three hours.

B.14.B.01 Commercial Use Requirements: All new
buildings or structures, substantial remodels,additions and changes of use to an existing building shall provide bicycle facilities per
Table 5.11.

Total Number
of Shared and
Commercial
Parking Spaces
Provided
Number of
Required
Carpool/
Vanpool
Spaces
Number
of ZeroEmission Spaces
0—9 0 0
10—25 1 126—50 2 251—75 3 3
76—100 4 4
101—150 6 5151—200 8 8
201 and over
At least 4% of
total
At least 4% of
total

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B.14.B.02 Residential Requirements: All new buildings
or structures and substantial remodels with
five or more dwelling units shall provide
bicycle facilities per Table 5.11. Hotel guestrooms and work/live units shall also be subject to the residential requirements.

B.14.B.03 Mixed‐Use Requirements: In instances
where a building contains components of more
than one of the aforementioned categories,
the requirements shall be based on the sum of
the individual uses per Table 5.11.

B.14.B.04 Design Requirements:
a. Short‐term bicycle parking shall be provided
using bicycle racks that are securely anchored
to the ground and to which the bicycle frame
and at least one wheel can be securely locked
to the rack.

Table 5.11 07 Bike Parking Standards
b. Long‐term parking shall be fully enclosed to
protect bicycles from weather. Acceptableinstallations include, but are not limited to:
bicycle rooms, bike cages, attended roofed/
indoor bicycle facilities and bike lockers.

Unattended shared facilities shall include racks
designed per (a), above.

B.14.B.05 Location:
a. All required bicycle racks shall be located
as close as practicable to the entrance of
the facility served. Short‐term bicycle racksmust be located no more than 25 feet from a primary building entrance.
b. Not less than 10% of the required short term
bicycle parking or four spaces, whichever is
more, must be provided on site. In lieu of
providing the remainder of the short‐term
parking on site, the applicant may either:
i. Install the remaining required bike racks
in the public right‐of‐way with a location
and design subject to review and approval
by the City. A deed restriction shall be
recorded requiring the property owner to
maintain the off‐site bike racks for the life
of the project.
ii. Pay a fee per space to be established by
City Council resolution including the cost of
rack and installation. The City will install
racks in the most appropriate location and
configuration near the subject property per
the Street Standards (see Chapter 7).

B.14.B.06 Signage: Where bicycle parking is not
visible from the street, clear and visible
signage leading to the bicycle parking shall be
provided.

B.14.B.07 Lighting: All bicycle parking and facilities
shall be provided with lighting to provide high
visibility, subject to approval of Director of
Planning & Community Development or his/
her designee. Lighting shall be maintained in
operational conditions at all times.

BIKE PARKING

SHORT-TERM LONG-TERM

SHOWERS PERSONAL REQUIREMENT LOCKERS
(MINIMUM 4 SPACES

REQUIRED)

REQUIREMENT
(MINIMUM 4 SPACES

USE REQUIRED)
Restaurant 1 per 1000 sf 1 per 2000 sf
1 unisex per 40,000 sf
and 1 additional for
each 20,000
75% of total longer
term spaces provided
Retail ‐ Gen Food
and Grocery 1 per 1000 sf 1 per 3000 sf
1 unisex per 40,000 sf
and 1 additional for
each 20,000
75% of total longer
term spaces provided
Retail 1 per 1000 sf 1 per 3000 sf
1 unisex per 40,000 sf
and 1 additional for
each 20,000
75% of total longer
term spaces provided
Office 1 per 5000 sf 1 per 900 sf
1 unisex per 40,000 sf
and 1 additional for
each 20,000
75% of total longer
term spaces provided
Hotel 8 per room 0.25
1 unisex per 40,000 sf
and 1 additional for each
20,000
75% of total longer
term spaces provided
Multi‐family without
private garages 0.1 per bedroom 1 per bedroom

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B.14.C Loading Standards:

Loading spaces are required to ensure adequate areasfor loading purposes for all on‐site uses so that commercial and passenger loading activities will be conductedwithout negatively affecting traffic safety or the quality of abutting public streets for people walking, bicycling or driving. Loading spaces also facilitate low‐car‐use
lifestyles by supporting shared delivery and passengertransportation services.

B.14.C.1 Applicability, General: The regulations in
this section shall apply to all projects with new
buildings, additions or changes of use, and shall
govern design of both required and non‐required
loading areas.

B.14.C.2 Applicability, Conservation: Creative Sector
(CCS): For additions or changes of use in existing
buildingsin the CCS District, existing loading areas
shall be maintained, but the project shall not be
required to meet the standards of this section.

B.14.C.3 Submittal of Loading Plan: As part of the
application for all applicable projects, a loading
plan shall be submitted for the approval of the
Director of Planning
& Community Development
or his/her designee. Projects utilizing existingloading in the CCS district per B.14.C.2 above shall also submit a loading plan. The plan shall
include a site plan dimensioning all required and
non‐required loading spaces and indicating the
path of travel to the space and the path of travel
for the goods from the space. The approved
loading plan shall be retained on‐site at all times
and shall be made available to all site tenants.

B.14.C.4 Loading space dimensions: Loading spaces
shall comply with the following standards, asrequired in this section. a. Standard A: If a Standard
A space is required,
the dimensions shall be at least 40 feet long,12 feet wide, and have a clearance of 14 feet. b. Standard B: If a Standard B space is required,
the dimensions shall be at least 65 feet long,15 feet wide, and have a clearance of 14 feet. c. Standard C: If a Standard
C space is required
for passenger loading, the dimensions shall be
at least 18 feet long and 10 feet wide. Design
should not reduce pedestrian orientation of
the site or increase the number of curb‐cuts.

B.14.C.5 Number of loading spacesrequired: Projects
shall provide loading spaces as follows:
a. Primarily Residential: Projects with residential
uses that contain less than 50,000 square feet
of non‐residential floor area shall provide
loading spaces based on the number of
dwelling units as follows:
i. Less than 100 dwelling units:

1. One Standard
A space is required;
however, if the use includes a market,
restaurant or other food sales and service
of more than 5,000 square feet, the
required loading space shall be Standard B.

2. One Standard
C space (passenger
loading) is encouraged. The space must
be accessible and located as close as
practicable to the building entrance or
passenger elevator without a key or access
card from the street.
ii. 100 or more dwelling units:

1. One Standard
A space is required;
however, if the use includes a market,
restaurant or other food sales and serviceof more than 5,000 square feet, the required loading space shall be Standard B.

2. One Standard
C spaces (passenger
loading) are required. The spaces mustbe accessible and located as close as practicable to the building entrance or
passenger elevator without a key or access
card from the street.
b. Primarily Commercial: Projects with residential
uses and more than 50,000 square feet of non‐
residential floor area shall provide loading
spaces as follows:
i. Two Standard
A spaces are required;
however, if the use includes a market,
restaurant or other food sales and service
of more than 5,000 square feet, one
of the two spaces shall be Standard B.
ii. One Standard
C spaces (passenger
loading) are required. The spaces must
be accessible without a key or access
card from the street and located as close
as practicable to the building entrance or
passenger elevator.
c. Commercial Only: Projects with no residential
uses shall provide loading spaces based onproject size as follows:
i. Less than 50,000 square feet of floor
area:1. One Standard
A is required;
however, if the use includes a market,

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Attachment: Attachment B_CDD-Reso-6th Cycle HE (BAP) 032123 [Revision 2] (5570 : Housing Element BERGAMOT AREA PLAN | 177
Land Use Regulations and Development Standards
restaurant or other food sales and serviceof more than 5,000 square feet, the required loading space shall be Standard B.
ii. 50,000 square feet or more of floor
area:1. One Standard
A space is required

2. One Standard B space is required
d. All Projects with more than 100,000 square feet
of Commercial Use: The Director of Planning
&
Community Development or his/her designee
may require additional loading spaces based
on the project’s needs and site feasibility.

B.14.C.6 Location of Loading Spaces: All loading
facilitiesshall be provided off‐street and within
the subject property. Loading areas shall be
located as follows:
a. Adjacent to building door openings providing
loading access.
b. Situated to ensure that the loading facility can
be screened from adjacent streets as much
as possible and minimizes interference with
pedestrian and bicycle paths of travel.
c. Situated to avoid adverse impacts upon
neighboring properties.
d. Accessible from an alley, of if no alley is
adjacent to the site, a minor roadway.

B.14.C.7 Design of Loading Spaces.
a. Screening. Loading areas adjacent to
residential uses or public streets or alleys
shall be screened and enclosed with a solid
masonry wall, at least 6 feet in height and of a
design approved by the Director of Planning
&
Community Development or his/her designee.
b. Identification. Loading areas shall be designed,
laid out, and clearly marked as being distinctfrom required parking spaces and aisles, unless the City approves the use of the parking
area as an undesignated overlay loading areaduring non‐business hours. c. Obstructions Prohibited. No walkway,
mechanical equipment, utility, waste
collection/disposal receptacle, or other
equipment or fixture may be placed in any
loading area.

B.14.C.8 Off‐Site Loading Alternative for Existing
Buildings: The use of off‐site loading to satisfy
the loading requirements when a change of
use is proposed in an existing building may be
permitted in compliance with the following
standards.
a. Location. All off‐site loading spaces shall
be located within 750 feet of legal walking
distance measured from the primary loading
entrance to the off‐site loading location.
b. Design and improvement standards. All off‐
site loading spaces shall conform to the same
standards of access, configuration, location,
and size required above.
c. Identification of facility. The loading area
must be clearly marked and conspicuously
identified.
d. Terms of off‐site loading.

A City‐approved
covenant shall be recorded that includes
a description of the off‐site loading, a
requirement that the owner of the separated
lot maintain the required loading for the
life of the use to which it is covenanted, a
requirement that the tenant or occupant of
the use for which loading is required submit
annually to the Director of Planning
&
Community Development or his/her designee
a confirmation of the continuing terms of
the off‐site loading plan, and a provision for
liquidated damages to be paid by the applicant
or tenant to the City for violations of the
conditions of approval.

B.14.C.9 Loss of off‐site spaces: In the event the
covenanted loading spaces are no longer
available for a project’s use, the following shall
be required:
a. Notification to the City. The owner or
operator of the business or property that
uses the approved off‐site loading space shall
immediately notify the Director of Planning
&
Community Development or his/her designee
of any change of ownership or use of theproperty for which the spaces are required, and of any termination or default of the
agreement between the parties.
b. Effect of termination of agreement. Upon
notification that a lease for required off‐ site loading has terminated, the Director of Planning
& Community Development or his/
her designee shall determine a reasonable
time in which one of the following shall occur:
i. Substitute loading is
provided that is acceptable to the
Director of Planning
& Community
Development or his/her designee; orii. The size or capacity of the use is reduced in proportion to the loading spaces
lost.

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Attachment: Attachment B_CDD-Reso-6th Cycle HE (BAP) 032123 [Revision 2] (5570 : Housing Element 178 | CITY OF SANTA MONICA
Land Use Regulations and Development Standards

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Attachment: Attachment B_CDD-Reso-6th Cycle HE (BAP) 032123 [Revision 2] (5570 : Housing Element BERGAMOT AREA PLAN | 179
Land Use Regulations and Development Standards
B.14.C.10 Exceptions for New Buildings under
25,000 square feet. Notwithstanding the
requirements of this chapter, a waiver or
reduction in the number and/or dimensions
of loading zones may be permitted by theDirector of Planning and Community Development or his/her designee for
projects that will resultin a total of less than
25,000 square feet on the property if it is
determined that the only feasible location
for a loading zone within the project
boundaries will detract from the project’s
pedestrian orientation and thereby not meet
the Bergamot Area Plan’s intention to create
active, lively streetscapes.

B.14.D TDM & TMA Establishment:

The establishment and continuing maintenance of
the Transportation Management Association (TMA)
is a high implementation priority for the success of
this Plan. Projects that meet certain thresholds
describedelsewhere in this Chapter are required to
join the TMA, while other property owners and
tenants are encouraged to join and participate based
on incentives and benefits that the TMA will offer.

The following requirements shall be met in all
applicable projects:

B.14.D.01 The City shall establish a TMA with authority to implement the Bergamot Area Plan
requirements pertaining to trip reductionthrough
transportation demand management.

Responsibilities of the TMA shall include, but
are not limited to: operation of all shared
parking subject to the TMA program; providing
signage, real‐time information and other
wayfinding mechanisms; coordinating andoffering programs to promote biking, walking and other trip reduction strategies; data collection;
and coordination of pricing for parking. The TMA
shall actively engage existing and future parking
lot and garage owners to lease, sell, or make
spaces publicly–accessiblein order to be added to
the district’s pool of shared parking.

B.14.D.02 All projects with new construction or that
include additions to existing buildings in excessof
5,000 square feet shall be required to do the
following:
a. The applicant and/or property owner shall jointhe
TMA and shall ensure that all tenants are TMA
members for the first 25 years from dateof finalinspection or certificate of occupancy. b. The applicant shall submit for the approval of
the Director of Planning & Community
Development or his/her designee a
Transportation Demand Management (TDM) plan
that complies with the City’s TDM requirements.

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Attachment: Attachment B_CDD-Reso-6th Cycle HE (BAP) 032123 [Revision 2] (5570 : Housing Element 1 City Council Meeting: March 21, 2023 Santa Monica, California RESOLUTION NUMBER _____ (CCS)
(City Council Series)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA

AMENDING THE DOWNTOWN COMMUNITY PLAN FOR CONSISTENCY WITH THE GOALS, POLICIES AND PROGRAMS SET FORTH IN THE 6TH CYCLE HOUSING

ELEMENT
WHEREAS, on July 25, 2017, the City Council adopted the Downtown Community Plan (“DCP”) which sets forth the City’s vision of the Downtown as a high quality, mixeduse district offering opportunities for housing for people across the income spectrum, jobs, arts and culture, local serving retail, and community and visitor gathering places; and WHEREAS, in the DCP, Downtown housing projects are encouraged to support a strong and economically diverse residential neighborhood component; and WHEREAS, the Housing Element Law, California Government Code Sections 65580 et seq., requires the City to review and update the Housing Element of its General Plan every eight years; and
WHEREAS, the State is experiencing a housing supply crisis, with housing demand far outstripping supply; and
WHEREAS, in 2018, California ranked 49th out of the 50 states in housing units per capita; and

10.A.c
Packet Pg. 191 Attachment: Attachment C_CDD-Reso-6th Cycle HE (DCP) 032123 [Revision 1] (5570 : Housing Element Implementation (120 mins)) 2 WHEREAS, the housing crisis has particularly exacerbated the need for affordable homes at prices below market rates; and
WHEREAS, the housing crisis has resulted in increased poverty and homelessness, especially first-time homelessness, forced lower income residents into crowded and unsafe housing in urban areas, and forced families into lower cost new housing in greenfields at the urban-rural interface with longer commute times and a higher exposure to fire hazard; and
WHEREAS, California needs an estimated 180,000 additional homes annually to keep up with population growth, and the Governor has called for 3.5 million new homes to be built over 7 years; and
WHEREAS, the City has received a Regional Housing Needs Assessment (“RHNA”) allocation for the 6th Cycle Housing Element of approximately 8,895 housing units, with approximately 70 percent allocated as affordable housing; and WHEREAS, this RHNA allocation will require the City to permit approximately 1,000 housing units annually between 2021 and 2029, 700 of which are required to be affordable housing, representing an increase of approximately five times over the City’s RHNA allocation for the 5th Cycle (2013-2021) Housing Element; and WHEREAS, in September 2020, the City commenced a public outreach process for the 6th Cycle Housing Element, which has consisted of creation of a dedicated website, presenting informational webinars, seeking input through questionnaires and surveys, forming two technical working groups, and conducting a series of study sessions with the Planning Commission, Housing Commission, Rent Control Board, and the City Council; and

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Packet Pg. 192 Attachment: Attachment C_CDD-Reso-6th Cycle HE (DCP) 032123 [Revision 1] (5570 : Housing Element Implementation (120 mins)) 3 WHEREAS, on or about May 24, 2021, City staff published a Draft 6th Cycle Housing Element (“Draft Housing Element”); and
WHEREAS, on June 2 and 3, 2021, the Planning Commission conducted a public hearing on the Draft Housing Element and made recommendations to the City Council; and
WHEREAS, on June 15, 2021, the City Council conducted a public hearing to discuss the Draft Housing Element and directed staff to transmit the Draft Housing Element to the California Department of Housing and Community Development (“HCD”) with revisions; and
WHEREAS, on July 1, 2021, City staff transmitted the Draft Housing Element, as revised by the City Council, to HCD for a 60-day review period; and WHEREAS on August 4, 2021, in accordance with Santa Monica Municipal Code Section 9.45.060(A), the Planning Commission adopted a Resolution of Intention, Resolution Number 21-006 (PCS), declaring its intention to consider recommending to the City Council that the City Council adopt the 6th Cycle (2021-2029) Housing Element of the City’s General Plan and amendments to the Land Use and Circulation of the City’s General Plan, the Bergamot Area Plan and the Downtown Community Plan for consistency with the goals, policies and programs set forth in the Housing Element; and WHEREAS, on August 30, 2021, in accordance with Government Code Section 65585, HCD issued a letter to report on its review of the Draft Housing Element; and WHEREAS, HCD’s review concluded that the Draft Housing Element addressed many statutory requirements, but that revisions would be necessary to substantially comply with State Housing Element Law; and

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Packet Pg. 193 Attachment: Attachment C_CDD-Reso-6th Cycle HE (DCP) 032123 [Revision 1] (5570 : Housing Element Implementation (120 mins)) 4 WHEREAS, in its review letter, HCD set forth recommended revisions to the Draft Housing Element to, among other things, provide additional information and analysis of the City’s: housing needs, resources, and constraints related to fair housing; population and employment trends; household characteristics; Suitable Sites Inventory (“SSI”); zoning regulations for a variety of housing types; governmental and nongovernmental constraints on housing; special housing needs; and “at risk” housing units; and WHEREAS, HCD further recommended that the City make revisions to housing programs set forth in the Draft Housing Element to: demonstrate adequate capacity for the RHNA allocation; address, and where legally possible, remove, constraints to the maintenance, improvement and development of housing; promote and affirmatively further fair housing; and preserve assisted housing development for low-income households; and
WHEREAS, on September 8, 2021, the Planning Commission held a discussion to consider HCD’s review and recommendations and to discuss concepts that would address those recommendations; and
WHEREAS, on September 20, 2021, the Planning Commission conducted a discussion to review proposed revisions to the Draft Housing Element to address HCD’s recommendations; and
WHEREAS, on September 24, 2021, Planning Commission conducted a duly noticed public hearing, and after considering oral and written testimony, adopted a Resolution of Recommendation, Resolution Number 21-011 (PCS), recommending to the City Council that the City Council adopt the 6th Cycle Housing Element; and

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Packet Pg. 194 Attachment: Attachment C_CDD-Reso-6th Cycle HE (DCP) 032123 [Revision 1] (5570 : Housing Element Implementation (120 mins)) 5 WHEREAS, on October 12, 2021, the City Council conducted a duly noticed public hearing to consider HCD’s comments and the recommendation of the Planning Commission, and, after considering oral and written testimony, adopted the 6th Cycle (2021-2029) Housing Element, which the City transmitted to HCD for review and certification; and
WHEREAS, on February 8, 2022, the City received a letter from HCD determining that although the Adopted 6th Cycle Housing Element addressed “many statutory requirements,” “revisions would be necessary to comply with State Housing Element Law”; and
WHEREAS, the City immediately began efforts to address HCD’s letter, including scheduling a teleconference with HCD staff on February 14, 2022 to determine the City’s required next steps in order to achieve an HCD-compliant Housing Element and conducting a Study Session with the Planning Commission on March 2, 2022; and WHEREAS, since that February 14, 2022 teleconference, the City has continued to meet with HCD on a consistent basis, including most recently on August 18, 2022, in an effort to work toward addressing HCD’s concerns to allow for the submission of a compliant Housing Element; and
WHEREAS, the City also initiated other efforts to bring the 6th Cycle Housing Element into compliance, including an April 26, 2022 study session with Council, and Study Sessions with the Planning Commission on May 11 and June 1, 2022; and WHEREAS, in consideration of the comments received in the February 8, 2022 letter, consultations with HCD, and input received during study sessions with the City Council and Planning Commission, City staff prepared draft redline revisions to the

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Packet Pg. 195 Attachment: Attachment C_CDD-Reso-6th Cycle HE (DCP) 032123 [Revision 1] (5570 : Housing Element Implementation (120 mins)) 6 Housing Element to primarily: 1) make technical revisions; 2) address affirmatively furthering fair housing obligations; and 3) strengthen the City’s commitment to development of affordable housing on City-owned sites; and WHEREAS on June 15, 2022, the Planning Commission considered the draft redline amendments to the 6th Cycle Housing Element in response to HCD’s comments, that, among other things, made technical revisions, and proposed amendments to the element’s affirmatively furthering fair housing requirements and program related to Cityowned sites, made recommended revisions, and recommended that the City Council direct staff to transmit the redline revisions to HCD for review; and WHEREAS, on June 21, 2022, the City Council reviewed the draft revisions to the 6th Cycle Housing Element, made recommended revisions, and directed staff to transmit to HCD for review and comment; and
WHEREAS, on July 8, 2022, the City submitted the draft revised Housing Element to HCD for review and comment; and
WHEREAS, on September 6, 2022, HCD issued a letter determining that the Draft Revised Housing Element will comply with State Housing Element Law once adopted, submitted to, and reviewed by, HCD; and
WHEREAS, AB 1398, which became effective on January 1, 2022, requires local governments that did not adopt a 6th Cycle Housing Element that HCD determined to be in substantial compliance with State Housing Element Law within 120 days of the statutory deadline for adoption to rezone to accommodate the local government’s RHNA for the 6th Cycle within one year of the statutory deadline; and

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Packet Pg. 196 Attachment: Attachment C_CDD-Reso-6th Cycle HE (DCP) 032123 [Revision 1] (5570 : Housing Element Implementation (120 mins)) 7 WHEREAS, in accordance with AB 1398, the June 21, 2022 amended draft of the 6th Cycle Housing Element sets forth implementation dates for rezoning and related programs as of October 15, 2022, one-year after the City’s statutory deadline of October 15, 2021; and
WHEREAS, on June 30, 2022, SB 197 amended the Government Code to add Section 65583.4, which extends the one-year deadline for rezoning set forth in AB 1398 to three years, or October 15, 2024, for local governments that meet certain conditions, including adopting a 6th Cycle Housing Element that is compliant with State Housing Element law within one year of the statutory deadline, or October 15, 2022; and WHEREAS, implementation dates for the June 21, 2022 draft amended 6th Cycle Housing Element have been updated to allow for an extension for rezoning should the City meet all conditions set forth in Government Code Section 65583.4; and WHEREAS, on September 22, 2022, Planning Commission conducted a duly noticed public hearing to consider recommending to the City Council that the City Council adopt the amended 6th Cycle Housing Element, and after considering oral and written testimony, adopted Resolution Number 220-18 (PCS) recommending that the City Council adopt the amended the 6th Cycle Housing Element; and WHEREAS, on September 26, 2022, in accordance with Government Code Section 65585(b), the City posted the final draft of the amended 6th Cycle Housing Element incorporating the Planning Commission’s recommendations for updated implementation dates on the City’s website for public review, and emailed a link to all individuals and organizations that previously requested notices relating to the City’s 6th Cycle Housing Element; and

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Packet Pg. 197 Attachment: Attachment C_CDD-Reso-6th Cycle HE (DCP) 032123 [Revision 1] (5570 : Housing Element Implementation (120 mins)) 8 WHEREAS, on October 11, 2022, the City Council conducted a duly-noticed public hearing to consider adopting the amended 6th Cycle Housing Element, and after considering oral and written testimony, adopted Resolution Number 11469 (CCS), adopting an amended 6th Cycle Housing Element, which was certified by the State on October 14, 2022; and
WHEREAS, the Housing Element includes a variety of programs intended to achieve goals and policies related to new housing production for all income categories and the preservation of existing housing, ensuring there is equitable housing access to all neighborhoods, housing for the homeless including housing assistance and supportive services to low-income households, and eliminating housing discrimination; and WHEREAS, the Housing Element sets forth a range of goals, policies and programs, including, but not limited to, procedural changes related to streamlining the review of housing projects, updating development standards and the Affordable Housing Production Program (“AHPP”) to ensure housing projects are feasible, providing opportunities for housing in areas of the City that do not currently permit housing, incentivizing housing in areas of the City that have not historically supported housing production, amending the City’s density bonus ordinance to ensure consistency with State law and integration into the City’s land use system, and committing to the production of affordable housing on City-owned/publicly owned land; and WHEREAS, the Housing Element requires the City to implement certain programs through amendments to the Land Use and Circulation Element of the General Plan, the Bergamot Area Plan, the Downtown Community Plan, and the Zoning Ordinance in phases, subject to specified deadlines; and

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Packet Pg. 198 Attachment: Attachment C_CDD-Reso-6th Cycle HE (DCP) 032123 [Revision 1] (5570 : Housing Element Implementation (120 mins)) 9 WHEREAS, the City desires to undertake the first phase of implementation for consistency with the goals, policies, and programs set forth in the 6th Cycle Housing Element, including all or portions of Programs 1A, By-Right Approvals for Housing Projects; 1B, Streamline the Architectural Review Process and Ensure Design Review Objectivity for Housing Projects; 1C, Incentivize Housing Development on Surface parking Lots in Residential Zones; 1D, Reduce Minimum Parking Requirements for Housing Projects; 1F, Revise the Downtown Community Plan Development Standards to Support Housing Projects; 1G, Incentivize and Facilitate the Development of Accessory Dwelling Units through an ADU Accelerator Program; 1J, Rezoning by Revising Development Standards to Ensure that Housing Projects are Feasible and Incentivized Over Commercial Development; 2A, Establish a Moderate-Income Affordable Housing Overlay; 2C, Update the City’s Affordable Housing Production Program to Increase the Number of Affordable Housing Units at all Income Levels; 2D, Update Density Bonus Ordinance to Ensure Consistency with State Law and Integration into the City’s Land Use System; 4A, Zoning Ordinance Amendment to Permit Multiple-Unit Housing in NonResidential Zones Where Not Currently Permitted; 4B, Facilitate the Development of Housing on Surface Parking Lots Owned by Community Assembly Uses; and 4C, Provide New Housing Choices and Affordability in High Opportunity Areas Through Incentives for Additional ADUs in R1-Zone Neighborhoods; and
WHEREAS, on February 1, 2023, the Planning Commission conducted a dulynoticed public hearing, and after considering oral and written testimony regarding the proposed amendments to the text of the DCP, adopted a Resolution of Recommendation,

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Packet Pg. 199 Attachment: Attachment C_CDD-Reso-6th Cycle HE (DCP) 032123 [Revision 1] (5570 : Housing Element Implementation (120 mins)) 10 Resolution Number 23-004 (PCS), recommending that the City Council amend the DCP to ensure consistency with the first phase of Housing Element implementation; and WHEREAS, on March 21, 2023, the City Council conducted a duly noticed public hearing to consider the recommendation of the Planning Commission, and, after considering all oral and written testimony, desires to adopt the proposed amendments to the DCP.

NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:

SECTION 1. Amendments to the text of the Downtown Community Plan.

Pursuant to Santa Monica Municipal Code Section 9.45.080 and 9.45.130, the City Council does hereby amend the Downtown Community Plan for consistency with the goals, policies, and programs set forth in the 6th Cycle Housing Element, including all or portions of Programs 1A, By-Right Approvals for Housing Projects; 1B, Streamline the Architectural Review Process and Ensure Design Review Objectivity for Housing Projects; 1D, Reduce Minimum Parking Requirements for Housing Projects; 1F, Revise the Downtown Community Plan Development Standards to Support Housing Projects; 1J, Rezoning by Revising Development Standards to Ensure that Housing Projects are Feasible and Incentivized Over Commercial Development; 2C, Update the City’s Affordable Housing Production Program to Increase the Number of Affordable Housing Units at all Income Levels; and 4A, Zoning Ordinance Amendment to Permit Multiple-Unit Housing in Non-Residential Zones Where Not Currently Permitted, as set forth in Exhibit A, attached to this Resolution. In adopting these amendments, the City Council does

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Packet Pg. 200 Attachment: Attachment C_CDD-Reso-6th Cycle HE (DCP) 032123 [Revision 1] (5570 : Housing Element Implementation (120 mins)) 11 hereby finds and declares that, for the reasons articulated above, in the staff report dated March 21, 2023, below:

The amendments to the text of the Downtown Community Plan are consistent with the General Plan in that the amendments are required to implement all or portions of Programs 1A, By-Right Approvals for Housing Projects; 1B, Streamline the Architectural Review Process and Ensure Design Review Objectivity for Housing Projects; 1C, Incentivize Housing Development on Surface parking Lots in Residential Zones; 1D, Reduce Minimum Parking Requirements for Housing Projects; 1F, Revise the Downtown Community Plan Development Standards to Support Housing Projects; 1G, Incentivize and Facilitate the Development of Accessory Dwelling Units through an ADU Accelerator Program; 1J, Rezoning by Revising Development Standards to Ensure that Housing Projects are Feasible and Incentivized Over Commercial Development; 2A, Establish a Moderate-Income Affordable Housing Overlay; 2C, Update the City’s Affordable Housing Production Program to Increase the Number of Affordable Housing Units at all Income Levels; 2D, Update Density Bonus Ordinance to Ensure Consistency with State Law and Integration into the City’s Land Use System; 4A, Zoning Ordinance Amendment to Permit Multiple-Unit Housing in Non-Residential Zones Where Not Currently Permitted; 4B, Facilitate the Development of Housing on Surface Parking Lots Owned by Community Assembly Uses; and 4C, Provide New Housing Choices and Affordability in High Opportunity Areas Through Incentives for

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Packet Pg. 201 Attachment: Attachment C_CDD-Reso-6th Cycle HE (DCP) 032123 [Revision 1] (5570 : Housing Element Implementation (120 mins)) 12 Additional ADUs in R1-Zone Neighborhoods, and otherwise maintain the existing goals, policies, standards and regulations in the General Plan, and otherwise maintain the existing goals, policies, standards and regulations in the General Plan.

SECTION 2. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:
_________________________

DOUGLAS SLOAN
City Attorney

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Packet Pg. 202 Attachment: Attachment C_CDD-Reso-6th Cycle HE (DCP) 032123 [Revision 1] (5570 : Housing Element Implementation (120 mins)) 13 EXHIBIT A
Amendments to the Downtown Community Plan for consistency with the Goals, Policies, and Programs Set Forth in the 6th Cycle (2021-2029) Housing Element [BEHIND THIS PAGE]

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Packet Pg. 203 Attachment: Attachment C_CDD-Reso-6th Cycle HE (DCP) 032123 [Revision 1] (5570 : Housing Element Implementation (120 mins)) Attachment B - Amendments to the Downtown Community Plan These changes to the DCP are made in addition to the changes adopted on March 10, 2020 per Resolution 11239 (CCS) and August 25, 2020 per Resolution 11284 (CCS):

Section 2A.4, Entitlement and Tier System, page 28
The LUCE addresses the Downtown area from a broad policy perspective, outlining goals and objectives, but defers the specific land-use standards to the Downtown Community Plan. The DCP implements a modified version of the LUCE Tiering system, which provides distinct entitlement processes for projects of certain sizes and/or land uses.

The DCP entitlement system differentiates between housing projects and commercial projects, and relies upon process thresholds to crate distinct entitlement pathways for each project type, which are summarized in Chapter 4, 9.10.050, Application Thresholds Table. Downtown housing projects are strongly encouraged to support a strong economically diverse residential neighborhood component to Downtown vitality. These are consequently provided more generous floor area thresholds than their commercial counterpart. Housing projects are defined in Chapter 4, Standards and Regulations,

9.10.050.
• “Base” Projects Typically, developments that conform to Tier 1 standards are referred to as “base” projects. Base projects must meet minimum project requirements for setbacks, design and open space, and pay adopted fees for items such as affordable housing, trip reduction, cultural arts and childcare fees. Projects that provide the required percentage of Affordable Housing Production Program (AHPP) on-site are allowed an additional floor of housing for a maximum of three stories and 39 feet.

1. Housing Projects
Any streamlined housing project on parcel(s) up to 75,00043,560 sq. ft. may be processed through an administrative Administrative approvalApproval. Any housing project that meets the definition of “housing development project” under the Housing Accountability Act and that, consistent with the Housing Accountability Act, complies with all applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the project application is deemed complete, may be processed through an administrative approval up to the thresholds established by Section 9.10.050.

2. Commercial Projects
Smaller commercial projects that conform to Tier 1 standards may be processed through an Administrative Approval.

Development Review Projects
Certain Tier 2 commercial projects and certain Tier 3 housing projects on parcel(s) that are 43,560 sf or greater are permitted by Development Review Permit (DRP), allowing typical mixed-use housingthese projects to be approved through discretionary review and a Planning Commission public hearing that gives community members a venue to share thoughts and input on proposed projects. By law, Planning Commission decisions are appealable to the City Council. The project requirements for Tier 2 and nonnegotiated Tier 3 housing projects are unique to Downtown. This system of project requirements is intended to incentivize and place a priority on the development of housing in Downtown, implement affordable housing requirements that result in a greater number and a more diverse unit mix, and ensure greater discretionary review for larger housing projects and commercial projects. Two types of projects qualify for Development Review Permits within the DCP.

1. Housing Projects on Parcel(s) that are 43,560 Square Feet or Greater

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Packet Pg. 204 Attachment: Attachment C_CDD-Reso-6th Cycle HE (DCP) 032123 [Revision 1] (5570 : Housing Element Implementation (120 mins)) Tier 2. Tier 2 housing projects are considered non-negotiated projects. These projects are required to comply with affordable housing requirements and affordability mix as established in Chapter 4, Standards and Regulations, 9.10.070 and must also contribute augmented fees at Tier 2 levels.

Tier 3. In the Transit Adjacent Zone only, larger hHousing projects that conform to Tier 3 height standardson parcel(s) that are 43,560 sf or greater are considered non-negotiated discretionary projects.

These projects are required to comply with affordable housing requirements and affordability mix as established in Zoning Ordinance Section 9.10.070 and must also contribute augmented fees at Tier 3 levels.

2. Commercial All Other Projects Tier 2Between 10,000-30,000 SF.

Tier 2 non-residential projects between 10,000-30,000 square feet are considered non-negotiated discretionary projects that must contribute to the community benefits program at Tier 2 levels.

Chapter 2A.4, page 29
Development Agreement Projects
Development Agreements are used to process specific properties where special conditions of size, shape, geography or existing or desired development require particular attention and additional analysis.

This approach allows the city to address the specific physical conditions and challenges posed by these sites and negotiate for significant benefits from larger individual development projects. In the Downtown district, several project types will require a negotiated development agreement, regardless of proposed height and tier, with negotiated community benefits approved by the City Council. Guidelines for on-site benefits that are aligned with the community benefit priorities for Downtown are listed in Table 2A.4.

Commercial All Other Projects.

All Tiers. Non-residential commercialhousing projects greater than 30,000 square feet of floor area shall be required to be processed through a development agreement. Under no circumstances shall projects be considered for increases beyond height or FAR standards set forth in this Plan.

All development agreement projects are expected to provide community benefits that contribute to Downtown’s priorities and fees in excess of Tier 3 fee requirements. Table 2A.3 provides guidelines to priority areas that should guide development agreement negotiations. These priority areas are a baseline for further negotiation.

Chapter 4, page 177
These changes are proposed as part of implementation of the Housing Element Update:

9.10.050 Application Thresholds Table
Streamlined Housing Project All Other Projects
Administrative Approval Streamlined Housing Projects
up to 75,000on parcel(s) up to
43,560 sf
Less than 10,000 sf
Development Review Permit Housing Projects or
Streamlined Housing Projects
Tier 2 greater than 75,000 sf
Tier 3 Projects greater than
90,000on parcel(s) that are
43,560 sf or greater
10,000 - 30,000 sf
Development Agreement N/A Greater than 30,000 sf
A. “Streamlined Housing Project” means a use consisting of any of the following:

1. Residential units only

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Packet Pg. 205 Attachment: Attachment C_CDD-Reso-6th Cycle HE (DCP) 032123 [Revision 1] (5570 : Housing Element Implementation (120 mins))

2. Mixed-use developments consisting of residential and nonresidential uses in which nonresidential uses do not exceed 25% of the total building square footage and are limited to neighborhood commercial uses and to the first two floors of buildings that are two or more stories

3. Transitional or supportive housing
B. Administrative Approval Review Procedures.

1. For projects eligible for an Administrative Approval under Table 9.10.050 and exempt from Development Review Permit Requirements under 9.10.050(C)(1) or (2), an applicant shall conduct a community meeting to receive community input on the proposal, which. The community meeting shall be conducted prior to submitting an application, and with noticing and reporting on the community meeting as required in guidelines adopted by the Director.

2. Following receipt of a recommendation decision from the Architectural Review Board, the Director shall issue a decision determination on the Administrative Approval in accordance with SMMC Chapter 9.39.

C. Housing Exemptions. The following types of projects are exempt from Development Review Permit requirements:
1) 100% Affordable Housing Projects
2) Tier 2 Streamlined Housing Projects – Streamlined housing projects on parcel(s) that are up to 43,560 sf including projects that have been granted modifications and waivers in accordance with Santa Monica Municipal Code Chapter 9.43 Modifications and Waivers. that meet the definition of “housing development project” under the Housing Accountability Act, Government Code Section 65589.5, (“Housing Accountability Act”) and that, consistent with the Housing Accountability Act, comply with all applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the project application is deemed complete, up to the thresholds established by the Zoning Ordinance.

9.10.030 Applicability and Relationship to Santa Monica Municipal Code and Other Regulations A. Applicability. The Downtown Community Plan establishes the area’s regulations and standards and shall guide all land use and development and circulation related decision-marking processes for the Plan area.

B. Relationship to Santa Monica Municipal Code and Other Regulations

1. General. If provisions in the Downtown Community Plan and Article 9 of the Santa Monica Municipal Code (“Zoning Ordinance”) are in conflict, the provisions in the Downtown Community Plan shall be applied. Where land use regulations, development standards, administrative regulations, and general terms and definitions are not specifically addressed by the Downtown Community Plan, Article 9 of the Santa Monica Municipal Code (“Zoning Ordinance”) shall be applied. Land use regulations for DCP land use districts may be found in Chapter 9.10 of the Zoning Ordinance. a. Projects that include affordable housing on City-Owned properties shall be exempted from the Downtown Community Plan and Zoning Ordinance pursuant to Section 9.01.040(A)(1)(d).

Chapter 4, page 178

9.10.060 Development Standards
Table 4.2 prescribes the development standards for Downtown districts, exclusive of State or local density bonuses. Additional regulations are denoted with Section numbers in the right hand column or

10.A.c
Packet Pg. 206 Attachment: Attachment C_CDD-Reso-6th Cycle HE (DCP) 032123 [Revision 1] (5570 : Housing Element Implementation (120 mins)) with individual letters in parentheses. Section numbers refer to other Sections of this Ordinance, while individual letters in parentheses refer to subsections that directly follow the table.

Table 4.2 Development Standards—Downtown Districts
Standard LT (east)
LT
(west) NV
BC
(promen
ade)
BC
(2nd & 4th
Streets) TA OT WT
Additional
Regulations
Parcel and Intensity Standards
Minimum
Parcel Size
(sq. ft.)
7,500 7,500 7,500 7,500 7,500 7,500 7,500 7,500
Minimum
Parcel Width
(ft.)
50 50 50 50 50 50 50 50
Minimum
Parcel Depth
(ft.)
150 150 150 150 150 150 150 150
Maximum FAR SMMC
Section

9.04.080
Determining
FAR
Housing
Projects 3.00 3.00 4.00 3.00 3.50 4.00 3.00 3.25
SMMC
Section

9.31.195,
Multiple-Unit
Dwelling
Projects
100%
Affordable
Housing
Projects

3.50 3.50 4.50 3.50 4.00 4.50 3.50 3.75
Tier 1 1.25 1.25 1.75 1.75 1.75 1.75 1.75 1.5
Tier 1 – With
Housing 1.5 1.5 2.25 2.25 2.25 2.25 2.25 1.5
Tier 2 1.75 2.25 2.75 2.75 3.0 3.0 2.25 1.75
SMMC
Section

9.10.070
Project
Requirements
for Tier 2 and
Tier 3 Projects
Tier 2 – With
Housing 2.25 2.75 3.5 2.75 3.5 3.5 2.75 2.25 Section

9.10.070
Tier 2 with
Housing for
Parcels that
Front on
Wilshire, not
located
adjacent to a
residential
district and
Have a LUCE
designation of
Downtown
Core
- - - - - - - 2.75
Tier 3
- - - - - 3.5 - -
SMMC
Section

90.10.070
Project
Requirements
for Tier 2 and
Tier 3 Projects
Tier 3 – With
Housing - - - - - 4.0 - -
100%
Affordable
Housing
Projects

2.75 3.25 4.0 3.25 4.0 4.0 3.25 2.75

10.A.c
Packet Pg. 207 Attachment: Attachment C_CDD-Reso-6th Cycle HE (DCP) 032123 [Revision 1] (5570 : Housing Element Implementation (120 mins)) Standard LT (east)
LT
(west) NV
BC
(promen
ade)
BC
(2nd & 4th
Streets) TA OT WT
Additional
Regulations
100%
Affordable
Housing
Projects—
Parcels that
front on
Wilshire
Boulevard,
are not
located
adjacent to a
residential
district, and
have a LUCE
designation of
Downtown
Core
- - - - - - - 3.25
Building Form and Location
Maximum Building Height (ft) SMMC
Section

9.04.050
Measuring
Height
Tier 1 – Base
Standard 32’ 32’ 32’ 32’ 32’ 32’ 32’ 32’
Housing
Projects
65’ 65’ 84’ 65’ 65’ 84’ 65’ 70’
100%
Affordable
Housing
ProjectsTier 1
– Housing
Projects
Including OnSite
Affordable
Housing in
Compliance
with AHPP
75’39’ 75’39’ 94’39’ 75’39’ 75’39’ 94’39’ 75’39’ 80’39’ Tier 1 – Base
Standard 32’ 32’ 32’ 32’ 32’ 32’ 32’ 32’
Tier 2 40’ 50’ 60’ 60’ 60’ 60’ 50’ 40’
Tier 2 – With
Housing 50’ 60’ 60’ 60’ 60’’ 60’ 50’ 50’
Tier 2 with
Housing for
Parcels that
Front on
Wilshire, not
located
adjacent to a
residential
district and
Have a LUCE
designation of
Downtown
Core
- - - - - - - 60’
Tier 3 - - - - - 84’ - -
Tier 3 – With
Housing - - - - - 84’ - -
100%
Affordable
Housing
Projects
60’ 70’ 70’ 70’ 70’ 84’ 60’ 60’

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Packet Pg. 208 Attachment: Attachment C_CDD-Reso-6th Cycle HE (DCP) 032123 [Revision 1] (5570 : Housing Element Implementation (120 mins)) Standard LT (east)
LT
(west) NV
BC
(promen
ade)
BC
(2nd & 4th
Streets) TA OT WT
Additional
Regulations
100%
Affordable
Housing
Projects—
Parcels that
front on
Wilshire
Boulevard,
are not
located
adjacent to a
residential
district, and
have a LUCE
designation of
Downtown
Core
- - - - - - - 70’
Height
Transitions to
Residential
Districts
See (A)
(1)
See (A)
(1) N/A N/A N/A N/A N/A See (A)
(1)
Minimum
Ground Floor
Height
11’
Maximum
Ground floor
Height
16’ 16’ 16’ N/A 16’ 16’ 16’ 16’
Building Form Regulated by Building Type
Minimum
Stepbacks (ft)
Required
above Ground
Floor
15% of
façade
15% of
façade
15% of
façade N/A N/A 15% of façade
15% of
façade
15% of
façade
See (C)(2)
Build to Line See (C)(1)
Minimum
Upper Level
Stepbacks
35% of façade, see (C)(3)
Minimum
Open Space
Varies by
lot width,
see
(B)(1)
Varies
by lot
width,
see
(B)(1)
Varies by
lot width,
see
(B)(1)
N/A
Varies by
lot width,
see
(B)(1)
Varies by
lot width,
see
(B)(1)
Varies by
lot width,
see (B)(1)
Varies by
lot width,
see (B)(1)
Minimum Side
Interior
15% of
façade,
see
(C)(5)
15% of
façade,
see
(C)(5)
15% of
façade,
see
(C)(5)
N/A
15% of
façade,
see
(C)(5)
15% of
façade,
see
(C)(5)
15% of
façade,
see (C)(5)
15% of
façade,
see (C)(5)
Minimum
Unbroken
Primary
Façade
Length
10’ wide by 5’ depth, see (C)(7)
Building
Frontage Line
(Ground Floor
Setback)
See (D) See (D) See (D) See (D) See (D) See (D) See (D) See (D)
Minimum
Interior Side
and Rear –
Adjacent to
Residential
District
10’ see
(A)(1)
Illustr.

4.32 10’ see
(A)(1)
Illustr.

4.32 N/A N/A N/A N/A N/A
10’ see
(A)(1)
Illustr.

4.32 Rear Adjacent
to Alley 2’ for first 16’ of building height measured from rear property line

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Packet Pg. 209 Attachment: Attachment C_CDD-Reso-6th Cycle HE (DCP) 032123 [Revision 1] (5570 : Housing Element Implementation (120 mins)) Standard LT (east)
LT
(west) NV
BC
(promen
ade)
BC
(2nd & 4th
Streets) TA OT WT
Additional
Regulations
Parking See SMMC Chapter 9.28 Parking, Loading, and Circulation Active Design
Active Design See (E)
Pedestrian
Oriented
Design
See (E)
Additional Standards
Accessory
Dwelling Unit SMMC Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Accessory
Food Service SMMC Section 9.31.030 Accessory Food Service Accessory
Structures SMMC Section 9.21.020, Accessory Buildings and Structures Affordable
Housing
Production
Program
SMMC Chapter 9.64, Affordable Housing Production Program Automobile/V
ehicle Sales,
Leasing, and
Storage
SMMC Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage Bicycle
Parking SMMC Section 9.28.140, Bicycle Parking
Density Bonus SMMC Chapter 9.22, Density Bonus
Exceptions to
Height Limits SMMC Section 9.21.060, Height Exceptions
Fences,
Walls, and
Hedges
SMMC Section 9.21.050, Fences, Walls, and Hedges
Home
occupation SMMC Section 9.31.160, Home Occupation
Junior
Accessory
Dwelling Units
SMMC Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Landscaping
and Street
Trees
SMMC Subsection 9.11.030(F), Chapter 9.26, Landscaping
Lighting SMMC Section 9.21.080, Lighting
Multiple-Unit
Dwelling
Projects
SMMC Section 9.31.195, Multiple-Unit Dwelling Projects
Multiple-Unit
Dwelling
Projects
Located on
Community
Assembly
Surface
Parking Lots
SMMC Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots Off-Street
Parking and
Loading
SMMC Chapter 9.28, Parking, Loading, and Circulation
Refuse and
Recycling
Screening and
Enclosure
SMMC Section 9.21.130, Resource Recovery and Recycling Standards Signs SMMC Chapter 9.61, Signs
Screening SMMC Section 9.21.140, Screening

10.A.c
Packet Pg. 210 Attachment: Attachment C_CDD-Reso-6th Cycle HE (DCP) 032123 [Revision 1] (5570 : Housing Element Implementation (120 mins)) Standard LT (east)
LT
(west) NV
BC
(promen
ade)
BC
(2nd & 4th
Streets) TA OT WT
Additional
Regulations
Solar Energy
Systems SMMC Section 9.21.150, Solar Energy Systems
Refuse and
Recycling
Screening and
Enclosure
SMMC Section 9.21.130, Resource Recovery and Recycling Standards Sustainability SMMC Chapter 8.106, Green Building Standards Code Chapter 4, Section C, page 184
A.BUILDING HEIGHT TRANSITION TO RESIDENTIAL DISTRICTS

1. In the Wilshire Transition District and along the east side of Lincoln Boulevard, buildings shall not extend above a plane starting at 30 feet in height directly above the parcel line abutting any residentially zoned parcel, or where there is an alley, the centerline of the alley, and from that point, extending in at a 45-degree angle from vertical toward the interior of the site, up to the maximum building height (see Illustration 4.32). The 30 foot height measurement shall be taken from the same reference grade as determined for the subject site pursuant to SMMC Section 9.04.050.

B. OPEN SPACE

1. Minimum Open Space Requirements, per (B)(2)
Lot width of 50 feet or less None
Lot width between 51 feet and 150 feet 20% total: 10% located at Ground Floor or Podium at 1 or 2 Levels above Ground and 10%
without regulated location
Lot widths greater than 150 feet 5% total: 12.5% located at Ground Floor or Podium at 1 or 2 Levels above Ground and 12.5%
without regulated location
The open space requirements established in this subsection B supersede the open space requirements established in Section 9.21.090 of the Zoning Ordinance.

2. The minimum area required for open space is expressed as a percentage of the buildable area (i.e. remaining parcel after required setbacks) and is based on lot width. Unless otherwise noted, this open space may be public or private.

3. Required open space can be accommodated at-grade, on a podium one or two levels above the ground floor, in private exterior balconies that are a minimum of 35 sf each, roof gardens, or any combination thereof.

4. 25% of the overall open space required for a project must be designed as common open space.

5. Ground floor building setbacks resulting from compliance with subsection (D) shall not be counted towards compliance with this requirement. Building setbacks that exceed the minimum requirement may be included towards compliance with this requirement, provided any overhanging encroachments have a minimum vertical clearance equivalent to the ground floor height requirement.

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Packet Pg. 211 Attachment: Attachment C_CDD-Reso-6th Cycle HE (DCP) 032123 [Revision 1] (5570 : Housing Element Implementation (120 mins))

6. Stepbacks resulting from compliance with subsections (C)(2) and (C) (3) may be counted towards compliance with this requirement

7. For lot widths greater than 50’ in width, the maximum height to width ratio of any Courtyard is 1.7:1 (e.g. a Courtyard within a 60’ tall structure must have a minimum dimension of 35’). Where sides of a Courtyard are unequal in height, they may be averaged to determine the effective height. The minimum Courtyard dimension on any side shall be 20 feet.

8. Projections and Encroachments into the Courtyard are permitted on all sides, provided that the minimum dimension of 20’ is maintained.

9. Breaks in buildings required by Maximum Unbroken Primary Facade Length of subsection (C)(67), shall count toward Open Space Requirements if it connects to an interior open space.

10. All visible portions of a required setback, not used for vehicular or pedestrian access to the building, shall consist of hardscape, planting areas, and/or pedestrian amenities like entry courtyards, plazas, entries, outdoor eating and display areas, or other uncovered areas designed and accessible for public use.

C. BUILDING MODULATION STANDARDS
In order to modulate building mass and express a design concept, new buildings or additions to existing buildings shall be designed in three dimensions on the front and sides to ensure light and air into buildings and down to the street.

1. Build-To Line. Buildings with nonresidential uses on the ground floor and not facing a residential district shall be constructed at the building frontage line for 70 percent of linear street frontage.

Building entries required to be recessed due to technical codes may be counted towards this requirement. This requirement may modified upon finding that:
a. An alternative configuration can be approved based on the findings in Chapter 9.43.020, Minor Modifications.
b. The alternative configuration meets the objectives of the DCP Design Guidelines. c. Entry courtyards, plazas, small parks, entries, outdoor eating and display areas, or other uncovered areas designed and accessible for public use are located between the build-to line and building, provided that the buildings are built to the edge of the courtyard, plaza, small park, or dining area; and
d. The building incorporates an alternative entrance design that creates a pedestrian-oriented entry feature facing the street

2. Minimum Required Stepbacks Above Ground Floor.
a. Districts with 50 or 60 up to 70 feet Maximum Allowable Height Limit. Minimum required stepbacks from the building frontage line are established above the ground floor. The Minimum Required Stepback Above the Ground Floor and below 39 feet shall be 15% of the front façade area. Stepbacks shall be a minimum of 5 feet and are not required to be open to the sky.

Projections into the required stepbacks are permitted pursuant to 9.10.120(A). b. Districts with 84 Feet Maximum Allowable Height Limit. Minimum required stepbacks from the building frontage line are established above the ground floor. The Minimum Required Stepback Above the Ground Floor and below 60 feet shall be 15% of the front façade area. Stepbacks shall be a minimum of 5 feet and are not required to be open to the sky. Projections into the required stepbacks are permitted pursuant to 9.10.120(A).
c. Bayside Conservation District. In order to maintain a consistent streetwall, a stepback is not required below 39 feet.
d. Corner Lots of 50 feet or Less in Width. All corner lots with a width of 50 feet or less are permitted to measure stepbacks from the property line above the ground floor provided that: i. A minimum ground floor height of 16 feet is provided. ii. No architectural structure, form or feature including but not limited to, columns, piers, and wing walls shall occupy the ground floor setback area.

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Packet Pg. 212 Attachment: Attachment C_CDD-Reso-6th Cycle HE (DCP) 032123 [Revision 1] (5570 : Housing Element Implementation (120 mins))

3. Minimum Upper Level Stepbacks.
a. Bayside Conservation District and Districts with 50 feet or 60 up to 70 feet Maximum Allowable Height Limit. Minimum required stepbacks from the building frontage line are established for the upper levels of proposed buildings. The Minimum Upper Level Stepback above 39 feet shall be 35% of the front façade area. Stepbacks shall be a minimum of 5 feet and are not required to be open to the sky. Projections into the required stepbacks are permitted pursuant to 9.10.120(A).
b. Districts with 84 feet maximum allowable height limit. Minimum required stepbacks from the building frontage line are established for the upper levels of proposed buildings. The Minimum Upper Level Stepback above 60 feet shall be 35% of the front façade area. Stepbacks shall be a minimum of 5 feet and are not required to be open to the sky. Projections into the required stepbacks are permitted pursuant to 9.10.120(A).
c. Corner lots of 50 feet or less in width. All corner lots with a lot width of 50 or less are permitted to measure stepbacks from the property line above the ground floor provided that: i. A minimum ground floor height of 16 feet is provided. ii. No architectural structure, form or feature including, but not limited to, columns, piers, and wing walls shall occupy the ground floor setback area.

4. Alternative Stepback Compliance for Districts with 50 feet or 60 up to 70 feet maximum allowable height limit. In order to provide flexibility for compliance with the stepback requirements in subsections (C)(2) and (C)(3), the Planning Commission, Architectural Review Board, or Landmarks Commission, whichever is the first reviewing authority of an application, may approve building modulation above the ground floor for 25% of the front façade (on corner lots of 50 feet or less in width, the stepbacks shall be measured from the property line) area subject to the following findingsmay be approved pursuant to the procedures set forth in Section 9.10.110, but shall be subject to only the following finding:
a. The Planning Commission/Architectural Review Board/Landmarks Commission finds that tThe alternative compliance creates a three dimensional frontage which reinforces the architectural concept and is appropriate to its unique location and context.

5. Minimum Side Interior Stepback. A minimum of 15% of the exposed side interior building façade area above 39 feet shall be setback a minimum of 5 feet from the side property line.

6. Alternative Side Interior Stepback Compliance for All Districts. In order to provide flexibility for compliance with the side interior stepback requirements in subsection C(5), in all districts the side interior stepback may be reduced to 12” provided that the open space requirements established in 9.10.060 B(1) are increased to the following:

Lot width of 50 feet or less None
Lot width between 51 feet and 150 feet 25% total
Lot widths greater than 150 feet 30%

7. Maximum Unbroken Primary Façade Length
a. All new or modified buildings shall orient the primary façade to the Frontage line.

Secondary facades orient to the side and rear yards.
b. Corner buildings shall have a primary façade fronting each sidewalk c. For facades that are greater than 150’, a break of 10% of the façade length with a 5 foot minimum depth is required. This dimension can be broken into two breaks, provided each break is greater than 5 feet in width. The break must extend from above the ground for 60 percent of the height of the project. The break is not required to be continuous.

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Packet Pg. 213 Attachment: Attachment C_CDD-Reso-6th Cycle HE (DCP) 032123 [Revision 1] (5570 : Housing Element Implementation (120 mins)) Chapter 4, Section E, page 191
E. PEDESTRIAN-ORIENTED DESIGN STANDARDS.

Ground floor pedestrian orientation is required for all projects throughout the Downtown and where applicable, shall be designed to accommodate commercial uses and activities. 100% Affordable Housing projects are exempt from the provisions of this subsection (E).

1. Outdoor Dining. Dining areas may encroach into building setbacks as long as a minimum unobstructed pedestrian pathway of 8’ in width is maintained. On 6th and 7th Streets, the minimum width is 6’.
a. On the Promenade, dining may encroach up to 12 feet from the abutting property frontage to accommodate outdoor dining. Uses located in the Promenade encroachment zone shall be in accordance with approved Third Street Promenade outdoor dining standards and subject to an encroachment permit.

2. Pedestrian-Oriented Frontage Design for New Development.

Where commercial space is required, the following shall apply:
a. Where commercial space is provided, aA minimum of 50’ depth of ground floor commercial space shall be provided in the Lincoln Transition, Neighborhood Village, and Wilshire Transition Districts. b. A minimum of 6550% of the Frontage shall be transparent and include windows, doors, and other openings.
i. Sill height should be no higher than 2.5’ and head height should be no lower than 8’ above finished grade.
ii. Openings shall have transparent glazing or openings that provide views into work, display, or sales areas, lobbies, or similar active spaces, or into windows displaying merchandise or items other than signs. Such display windows shall be at least 3’ deep. This requirement may be modified by the Architectural Review Board if it can be demonstrated that the fulfillment of this requirement materially interferes with the project’s ability to meet the requirements of Municipal Code Chapter 8.36 – The Energy Code.

10.A.c
Packet Pg. 214 Attachment: Attachment C_CDD-Reso-6th Cycle HE (DCP) 032123 [Revision 1] (5570 : Housing Element Implementation (120 mins)) c. Building Frontages shall be designed to be divided into 30 foot bays or less for commercial leasing flexibility and functionality and to create a fine-grained rhythm along the street

3. Pedestrian-Oriented Ground Floor Design for New and Existing Development All new development not required to have active commercial frontages shall include the following pedestrian-oriented standards:
a. No more than 20% of a building’s street-level frontage, but in no case exceeding 75’, may be continuously blank or featureless.
b. The following design elements shall be incorporated into the street-facing façades at the ground floor level:
i. Variations in visual interest designed to be experienced by the pedestrian point of view, which may include, but not necessarily require, such measures as, change of materials in a complimentary manner, sensitive composition and juxtaposition of openings and solid wall and/or building frame and projecting elements such as awnings and marquees to provide shade and shelter;
ii. Exterior lighting which provides for a secure nighttime pedestrian environment by reinforcing entrances, public sidewalks and open areas with a safe level of illumination which avoids offsite glare; c. Residential uses at the ground floor street frontage shall incorporate primary entries, which may include planted areas, front stairs and/or other elements that contribute to a pleasant pedestrian environment. Pedestrian-oriented design elements may also include street furniture or other seating surfaces on private property and design amenities scaled to the pedestrian such as awnings, drinking fountains, paseos, colonnades, plazas, noncommercial community bulletin boards, public or private art and alternative paving materials in areas of pedestrian access. d. Leasing galleries associated with a housing project shall not exceed 20 linear feet of ground floor street frontage.
e. Glass with a visual transparency value of at least 65% shall be used at the ground floor level to allow maximum visual access to the interior of buildings. f.e. Mirrored and highly reflective glass shall not be permitted at any level of the structure. g.f. Entries shall be spaced at a maximum of 100 feet.
h.g. Entries shall be articulated by one or more of the following: a canopy, awning or other covering, signage, or recessed doorway.
i.h. When storefront security grates or grilles are provided, they shall be: located inside exterior windows; retractable into pockets or overhead cylinders; and completely concealed when retracted.
j.i. The Raised Terrace is a frontage type permitted in the Ocean Transition District. They are defined by raised shop frontages with café dining in Zone 3, so the eye of the sitter is approximately at level with walking passerby.
i. The raised platform shall be between 7 and 36 inches in height as measured from the sidewalk grade.
ii. This type is suitable for Restaurant and Hotel uses.

10.A.c
Packet Pg. 215 Attachment: Attachment C_CDD-Reso-6th Cycle HE (DCP) 032123 [Revision 1] (5570 : Housing Element Implementation (120 mins)) iii. The floor to floor height of the Raised Terrace Frontage shall be between 16 to 21 feet tall as measured from the terrace grade to the top of the finished floor. iv. Fenestration shall be a minimum of 65% of the Facade’s first floor wall area. v. Awnings shall only cover windows and doors.
vi. The dining area shall be enclosed with a permeable fence and or a row of planters to delineate the space.
vii. Primary pedestrian access to upper stories with Ground Floor Active Frontages is flexible and may be from the raised terrace, from a side, or any other pedestrian space. k.j. Materials for fences, walls, and gates should be durable and complement the building and site design. Vinyl shall not be used.

Section 2A, page 18
This chapter also includes a discussion of the process thresholds for various development types as well as the required community benefits and fees. Housing, particularly Affordable Housing, is strongly desired Downtown, and therefore encouraged through standards, such as 0.5 floor area ratio increase, and process incentives. Private property owners and/ or developers should read this section before commencement of design, to better understand what permit type to apply for, and what the City might require from projects to meet the community’s long-term expectations. Community benefit formulas for Tier 2 and non-negotiated Tier 3 non-housing projects are included in Chapter 4, Standards and Regulations.

Section 2B, page 39
Bedroom Mix Requirements (see Zoning Ordinance)
Tier 2 and Tier 3 “average bedroom factor” requirements will result in a larger diversity of units within Downtown.

Community Benefit Priorities – Negotiated Projects (see Chapter 2: Downtown Districts) In addition to conforming to the Tier 2 and Tier 3 average bedroom factor requirements, negotiated projects provide the opportunity to increase the number of larger units suitable for families to the maximum extent feasible. These additional units could be paired with deed restrictions on rent to make them affordable to workforce and middle-income households.

Incentives for Housing Construction (see Chapter 4: Standards and Regulations) To encourage the production of housing Downtown, projects that meet the definition of “Housing Project” as defined in Section 9.10.050 may qualify for a floor area ratio bonus of 0.5 FAR.

Section 2B, page 54
Action CCP1.1A Adopt DCP which anticipates at least 2500 new units in the Downtown area.

Lead Agency: City Council
Timeframe: 2017
Policy CCP1.5 Provide a 0.5 floor area ratio (FAR) bonus for qualifying mixed-use residential projects within maximum FARs for each district.

10.A.c
Packet Pg. 216 Attachment: Attachment C_CDD-Reso-6th Cycle HE (DCP) 032123 [Revision 1] (5570 : Housing Element Implementation (120 mins)) 1 City Council Meeting: March 21, 2023 Santa Monica, California ORDINANCE NUMBER _________ (CCS)
(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO AMEND THE TEXT OF THE CITY’S ZONING ORDINANCE FOR CONSISTENCY WITH THE GOALS, POLICIES AND PROGRAMS OF THE 6TH CYCLE (2021-2029) HOUSING ELEMENT; FOR CONSISTENCY WITH UPDATES TO STATE LAW RELATED TO HOUSING PRODUCTION AND MINIMUM PARKING REQUIREMENTS;

AND TO MAKE MINOR CHANGES, CLARIFICATIONS AND CORRECTIONS,

INCLUDING CORRECTION TO PARCEL COVERAGE LIMITATIONS FOR EXISTING STRUCTURES IN THE R1 (SINGLE-UNIT RESIDENTIAL) DISTRICT AND

MODIFICATIONS TO STANDARDS FOR ACCESSORY STRUCTURES
WHEREAS, the Housing Element Law, California Government Code Sections 65580 et seq., requires the City to review and update the Housing Element of its General Plan every eight years; and
WHEREAS, the State is experiencing a housing supply crisis, with housing demand far outstripping supply; and
WHEREAS, in 2018, California ranked 49th out of the 50 states in housing units per capita; and
WHEREAS, the housing crisis has particularly exacerbated the need for affordable homes at prices below market rates; and
WHEREAS, the housing crisis has resulted in increased poverty and homelessness, especially first-time homelessness, forced lower income residents into crowded and unsafe housing in urban areas, and forced families into lower cost new housing in greenfields at the urban-rural interface with longer commute times and a higher exposure to fire hazard; and

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Packet Pg. 217 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 2 WHEREAS, California needs an estimated 180,000 additional homes annually to keep up with population growth, and the Governor has called for 3.5 million new homes to be built over 7 years; and
WHEREAS, the City has received a Regional Housing Needs Assessment (“RHNA”) allocation for the 6th Cycle Housing Element of approximately 8,895 housing units, with approximately 70 percent allocated as affordable housing; and WHEREAS, this RHNA allocation will require the City to permit approximately 1,000 housing units annually between 2021 and 2029, 700 of which are required to be affordable housing, representing an increase of approximately five times over the City’s RHNA allocation for the 5th Cycle (2013-2021) Housing Element; and WHEREAS, in September 2020, the City commenced a public outreach process for the 6th Cycle Housing Element, which has consisted of creation of a dedicated website, presenting informational webinars, seeking input through questionnaires and surveys, forming two technical working groups, and conducting a series of study sessions with the Planning Commission, Housing Commission, Rent Control Board, and the City Council; and
WHEREAS, on or about May 24, 2021, City staff published a Draft 6th Cycle Housing Element (“Draft Housing Element”); and
WHEREAS, on June 2 and 3, 2021, the Planning Commission conducted a public hearing on the Draft Housing Element and made recommendations to the City Council; and
WHEREAS, on June 15, 2021, the City Council conducted a public hearing to discuss the Draft Housing Element and directed staff to transmit the Draft Housing

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Packet Pg. 218 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 3 Element to the California Department of Housing and Community Development (“HCD”) with revisions; and
WHEREAS, on July 1, 2021, City staff transmitted the Draft Housing Element, as revised by the City Council, to HCD for a 60-day review period; and WHEREAS on August 4, 2021, in accordance with Santa Monica Municipal Code Section 9.46.030(B), the Planning Commission adopted a Resolution of Intention, Resolution Number 21-007 (PCS), declaring its intention to consider recommending to the City Council that the City Council adopt amendments to the text of the Zoning Ordinance for consistency with the Goals, Policies and Programs of the 6th Cycle Housing Element, and minor changes, corrections and clarifications to the text of the Zoning Ordinance related to parcel coverage limitations for existing structures in the City’s R1 (Single-Unit Residential) Districts and standards for accessory structures for consistency with Council direction to return with amendments to the City’s home-share rules; and
WHEREAS, on August 30, 2021, in accordance with Government Code Section 65585, HCD issued a letter to report on its review of the Draft Housing Element; and WHEREAS, HCD’s review concluded that the draft Housing Element addressed many statutory requirements, but that revisions would be necessary to substantially comply with State Housing Element Law; and
WHEREAS, in its review letter, HCD set forth recommended revisions to the Draft Housing Element to, among other things, provide additional information and analysis of the City’s: housing needs, resources, and constraints related to fair housing; population and employment trends; household characteristics; Suitable Sites Inventory (“SSI”);

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Packet Pg. 219 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 4 zoning regulations for a variety of housing types; governmental and nongovernmental constraints on housing; special housing needs; and “at risk” housing units; and WHEREAS, HCD further recommended that the City make revisions to housing programs set forth in the Draft Housing Element to: demonstrate adequate capacity for the RHNA allocation; address, and where legally possible, remove, constraints to the maintenance, improvement and development of housing; promote and affirmatively further fair housing; and preserve assisted housing development for low-income households; and
WHEREAS, on September 8, 2021, the Planning Commission held a discussion to consider HCD’s review and recommendations and to discuss concepts that would address those recommendations; and
WHEREAS, on September 20, 2021, the Planning Commission conducted a discussion to review proposed revisions to the Draft Housing Element to address HCD’s recommendations; and
WHEREAS, on September 24, 2021, Planning Commission conducted a duly noticed public hearing, and after considering oral and written testimony, adopted a Resolution of Recommendation, Resolution Number 21-011 (PCS), recommending to the City Council that the City Council adopt the 6th Cycle Housing Element; and WHEREAS, on October 12, 2021, the City Council conducted a duly noticed public hearing to consider HCD’s comments and the recommendation of the Planning Commission, and, after considering oral and written testimony, adopted the 6th Cycle (2021-2029) Housing Element, which the City transmitted to HCD for review and certification; and

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Packet Pg. 220 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 5 WHEREAS, on February 8, 2022, the City received a letter from HCD determining that although the Adopted 6th Cycle Housing Element addressed “many statutory requirements,” “revisions would be necessary to comply with State Housing Element Law”; and
WHEREAS, the City immediately began efforts to address HCD’s letter, including scheduling a teleconference with HCD staff on February 14, 2022 to determine the City’s required next steps in order to achieve an HCD-compliant Housing Element and conducting a Study Session with the Planning Commission on March 2, 2022; and WHEREAS, since that February 14, 2022 teleconference, the City has continued to meet with HCD on a consistent basis, including most recently on August 18, 2022, in an effort to work toward addressing HCD’s concerns to allow for the submission of a compliant Housing Element; and
WHEREAS, the City also initiated other efforts to bring the 6th Cycle Housing Element into compliance, including an April 26, 2022 study session with Council, and Study Sessions with the Planning Commission on May 11 and June 1, 2022; and WHEREAS, in consideration of the comments received in the February 8, 2022 letter, consultations with HCD, and input received during study sessions with the City Council and Planning Commission, City staff prepared draft redline revisions to the Housing Element to primarily: 1) make technical revisions; 2) address affirmatively furthering fair housing obligations; and 3) strengthen the City’s commitment to development of affordable housing on City-owned sites; and WHEREAS on June 15, 2022, the Planning Commission considered the draft redline amendments to the 6th Cycle Housing Element in response to HCD’s comments,

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Packet Pg. 221 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 6 that, among other things, made technical revisions, and proposed amendments to the element’s affirmatively furthering fair housing requirements and program related to Cityowned sites, made recommended revisions, and recommended that the City Council direct staff to transmit the redline revisions to HCD for review; and WHEREAS, on June 21, 2022, the City Council reviewed the draft revisions to the 6th Cycle Housing Element, made recommended revisions, and directed staff to transmit to HCD for review and comment; and
WHEREAS, on July 8, 2022, the City submitted the draft revised Housing Element to HCD for review and comment; and
WHEREAS, on September 6, 2022, HCD issued a letter determining that the Draft Revised Housing Element will comply with State Housing Element Law once adopted, submitted to, and reviewed by, HCD; and
WHEREAS, AB 1398, which became effective on January 1, 2022, requires local governments that did not adopt a 6th Cycle Housing Element that HCD determined to be in substantial compliance with State Housing Element Law within 120 days of the statutory deadline for adoption to rezone to accommodate the local government’s RHNA for the 6th Cycle within one year of the statutory deadline; and WHEREAS, in accordance with AB 1398, the June 21, 2022 amended draft of the 6th Cycle Housing Element sets forth implementation dates for rezoning and related programs as of October 15, 2022, one-year after the City’s statutory deadline of October 15, 2021; and
WHEREAS, on June 30, 2022, SB 197 amended the Government Code to add Section 65583.4, which extends the one-year deadline for rezoning set forth in AB 1398

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Packet Pg. 222 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 7 to three years, or October 15, 2024, for local governments that meet certain conditions, including adopting a 6th Cycle Housing Element that is compliant with State Housing Element law within one year of the statutory deadline, or October 15, 2022; and WHEREAS, implementation dates for the June 21, 2022 draft amended 6th Cycle Housing Element have been updated to allow for an extension for rezoning should the City meet all conditions set forth in Government Code Section 65583.4; and WHEREAS, on September 22, 2022, Planning Commission conducted a duly noticed public hearing to consider recommending to the City Council that the City Council adopt the amended 6th Cycle Housing Element, and after considering oral and written testimony, adopted Resolution Number 22-018 (PCS) recommending that the City Council adopt the amended the 6th Cycle Housing Element; and WHEREAS, on September 26, 2022, in accordance with Government Code Section 65585(b), the City posted the final draft of the amended 6th Cycle Housing Element incorporating the Planning Commission’s recommendations for updated implementation dates on the City’s website for public review, and emailed a link to all individuals and organizations that previously requested notices relating to the City’s 6th Cycle Housing Element; and
WHEREAS, on October 11, 2022, the City Council conducted a duly-noticed public hearing to consider adopting the amended 6th Cycle Housing Element, and after considering oral and written testimony, adopted Resolution Number 11469 (CCS), adopting an amended 6th Cycle Housing Element, which was certified by the State on October 14, 2022; and

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Packet Pg. 223 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 8 WHEREAS, the Housing Element includes a variety of programs intended to achieve goals and policies related to new housing production for all income categories and the preservation of existing housing, ensuring there is equitable housing access to all neighborhoods, housing for the homeless including housing assistance and supportive services to low-income households, and eliminating housing discrimination; and WHEREAS, the Housing Element sets forth a range of goals, policies and programs, including, but not limited to, procedural changes related to streamlining the review of housing projects, updating development standards and the Affordable Housing Production Program (“AHPP”) to ensure housing projects are feasible, providing opportunities for housing in areas of the City that do not currently permit housing, incentivizing housing in areas of the City that have not historically supported housing production, amending the City’s density bonus ordinance to ensure consistency with State law and integration into the City’s land use system, and committing to the production of affordable housing on City-owned/publicly owned land; and WHEREAS, the Housing Element requires the City to implement certain programs through amendments to the Land Use and Circulation Element of the General Plan, the Bergamot Area Plan, the Downtown Community Plan, and the Zoning Ordinance in phases, subject to specified deadlines; and
WHEREAS, on November 12, 2019, the City Council adopted Ordinance Number 2624 (CCS) (“Ordinance 2624”) amending development standards for the City’s R1 (Single-Unit Residential) Districts, which, among other things, incentivized the preservation of existing single-unit residences and encouraged residential additions rather than new construction in R1 zoning districts by establishing a 55% parcel coverage

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Packet Pg. 224 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 9 limitation for existing residences seeking an addition and a 45% parcel coverage limitation for new construction; and
WHEREAS, on January 28, 2020, the City Council adopted Ordinance Number 2628 (CCS) (“Ordinance 2628”) to clarify that the 55% parcel coverage limitation applied to all existing structures in the City’s R1 (Single-Unit Residential) Districts, whether oneor two-story; and WHEREAS, on September 8, 2020, the City Council adopted Ordinance Number 2649 (CCS), which among other things, amended the text of the Zoning Ordinance for consistency with State law provisions related to ADUs and JADUs; and WHEREAS, in implementing changes related to ADUs and JADUs, the clarification made by Ordinance 2628 was inadvertently amended and the current language incorrectly states that only an “existing two-story structure with addition” is allowed 55% parcel coverage; and
WHEREAS, at its June 8, 2021 meeting, the Council directed staff to return with proposed amendments to the Home-Sharing and Vacation Rentals Ordinance to allow the home-sharing of detached accessory buildings located more than six feet from the main residential building occupied by the host who wishes to home-share the accessory building; and
WHEREAS, changes to standards for accessory structures as set forth in Santa Monica Municipal Code 9.21.020 may be necessary for consistency with any such changes that are adopted by the City Council; and
WHEREAS, on August 4, 2021, the Planning Commission adopted a Resolution of Intention, Resolution Number 21-007 (PCS), declaring its intention to consider

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Packet Pg. 225 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 10 recommending to the City Council that the City Council amend the text of the Zoning Ordinance for consistency with the goals, policies and programs of the 6th Cycle Housing Element; to clarify that the 55% parcel coverage limitation applied to all existing structures in the City’s R1 (Single-Unit Residential) Districts, whether one- or two-story, and to revise standards for accessory structures to allow the home-sharing of detached accessory buildings located more than six feet from the main residential building occupied by the host who wishes to home-share the accessory building; and WHEREAS, on September 28, 2021, the Governor signed SB 478, which requires local agencies to ensure that certain qualifying housing projects are permitted minimum floor area ratios; and
WHEREAS, on September 22, 2022, the Governor signed AB 2097 into law, which prohibits prohibit a public agency from imposing minimum parking requirements on residential, commercial, or other development projects located within 1/2 mile of public transit, with certain limited exceptions, as a means of increasing housing production and reducing greenhouse gas emissions; and
WHEREAS, on September 28, 2022, the Governor signed a housing and homelessness package into law designed to further combat the City’s housing crisis, which included AB 2011 and SB 6, two bills designed to streamline the housing approval process and create jobs throughout the State; and
WHEREAS, the 2022 housing and homelessness package also includes AB 2221 and SB 897, which further restrict the City’s ability to regulate accessory dwelling units and junior accessory dwelling units as a means of encouraging and increasing their production; and

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Packet Pg. 226 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 11 WHEREAS, on December 14, 2022, the Planning Commission adopted Resolution Number 22-019 (PCS), declaring its intention to consider recommending to the City Council that the City Council amend the text of the Zoning Ordinance for consistency with recent change to State law implemented through SB 478, AB 2097, and the 2022 housing and homelessness package; and
WHEREAS, the City desires to undertake the first phase of amendments to the text of the Zoning Ordinance for consistency with the goals, policies, and programs set forth in the 6th Cycle Housing Element, including all or portions of Programs 1A, By-Right Approvals for Housing Projects; 1B, Streamline the Architectural Review Process and Ensure Design Review Objectivity for Housing Projects; 1D, Reduce Minimum Parking Requirements for Housing Projects; 1F, Revise the Downtown Community Plan Development Standards to Support Housing Projects; 1J, Rezoning by Revising Development Standards to Ensure that Housing Projects are Feasible and Incentivized Over Commercial Development; 2C, Update the City’s Affordable Housing Production Program to Increase the Number of Affordable Housing Units at all Income Levels; and 4A, Zoning Ordinance Amendment to Permit Multiple-Unit Housing in Non-Residential Zones Where Not Currently Permitted; and
WHEREAS, the City desires to further amend the text of the Zoning Ordinance for consistency with changes to State law implemented through SB 478, AB 2097, and the 2022 housing and homelessness package and to make minor changes, clarifications and corrections, including modifications to parcel coverage limitations for existing structures in the R1 (Single-Unit Residential) District and modifications to standards for accessory structures; and

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Packet Pg. 227 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 12 WHEREAS, on February 1, 2023, the Planning Commission conducted a duly noticed public hearing, and, after considering oral and written testimony regarding the proposed amendments to the text of the Zoning Ordinance, adopted Resolution Number 23-003 (PCS), recommending that the City Council amend the text of the Zoning Ordinance based on the following findings:

1. The proposed amendments to the text of the Zoning
Ordinance are consistent with the General Plan in that the amendments are required to implement all or portions of 6th Cycle Housing Element Programs 1A, By-Right Approvals for Housing Projects; 1B, Streamline the Architectural Review Process and Ensure Design Review Objectivity for Housing Projects; 1C, Incentivize Housing Development on Surface parking Lots in Residential Zones; 1D, Reduce Minimum Parking Requirements for Housing Projects; 1F, Revise the Downtown Community Plan Development Standards to Support Housing Projects; 1G, Incentivize and Facilitate the Development of Accessory Dwelling Units through an ADU Accelerator Program; 1J, Rezoning by Revising Development Standards to Ensure that Housing Projects are Feasible and Incentivized Over Commercial Development; 2A, Establish a Moderate-Income Affordable Housing Overlay; 2C, Update the City’s Affordable Housing Production Program to Increase the Number of Affordable Housing Units at all Income Levels; 2D, Update Density Bonus Ordinance to Ensure Consistency with State Law and Integration into the City’s Land Use System; 4A, Zoning Ordinance Amendment to Permit Multiple-Unit Housing in Non-Residential Zones

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Packet Pg. 228 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 13 Where Not Currently Permitted; 4B, Facilitate the Development of Housing on Surface Parking Lots Owned by Community Assembly Uses; and 4C, Provide New Housing Choices and Affordability in High Opportunity Areas Through Incentives for Additional ADUs in R1-Zone Neighborhoods and are otherwise consistent with the goals and policies of the General Plan.

2. The proposed amendments are consistent with the purpose of the Zoning Ordinance to promote the growth of the City in an orderly manner and to promote and protect the public health, safety and welfare in that the amendments are necessary to implement housing programs in the 6th Cycle Housing Element and to achieve the level of housing production mandated by the City’s Regional Housing Needs Allocation, ensure consistency with State law, and otherwise maintain the existing policies, standards and regulations of the Zoning Ordinance that promote the public health, safety and welfare.

WHEREAS, on March 21, 2023, the City Council conducted a duly noticed hearing, and, after considering all oral and written testimony, desires to adopt the proposed Zoning Ordinance amendments as set forth below.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Based upon the oral and written testimony presented to the City Council at the public hearing on March 21, 2023, regarding the proposed changes to the text of the Zoning Ordinance, the City Council hereby makes the following findings:

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Packet Pg. 229 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 14 1. The amendments to the text of the Zoning Ordinance are consistent with the General Plan in that the amendments are required to implement all or portions of 6th Cycle Housing Element Programs 1A, ByRight Approvals for Housing Projects; 1B, Streamline the Architectural Review Process and Ensure Design Review Objectivity for Housing Projects; 1C, Incentivize Housing Development on Surface parking Lots in Residential Zones; 1D, Reduce Minimum Parking Requirements for Housing Projects; 1F, Revise the Downtown Community Plan Development Standards to Support Housing Projects; 1G, Incentivize and Facilitate the Development of Accessory Dwelling Units through an ADU Accelerator Program; 1J, Rezoning by Revising Development Standards to Ensure that Housing Projects are Feasible and Incentivized Over Commercial Development; 2A, Establish a Moderate-Income Affordable Housing Overlay; 2C, Update the City’s Affordable Housing Production Program to Increase the Number of Affordable Housing Units at all Income Levels; 2D, Update Density Bonus Ordinance to Ensure Consistency with State Law and Integration into the City’s Land Use System; 4A, Zoning Ordinance Amendment to Permit Multiple-Unit Housing in Non-Residential Zones Where Not Currently Permitted; 4B, Facilitate the Development of Housing on Surface Parking Lots Owned by Community Assembly Uses; and 4C, Provide New Housing Choices and Affordability in High Opportunity Areas Through Incentives for Additional ADUs in R1-Zone Neighborhoods and are otherwise consistent with the goals and policies of the General Plan.

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Packet Pg. 230 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 15 2. The amendments are consistent with the purpose of the Zoning Ordinance to promote the growth of the City in an orderly manner and to promote and protect the public health, safety and welfare in that the amendments are necessary to implement housing programs in the 6th Cycle Housing Element and to achieve the level of housing production mandated by the City’s Regional Housing Needs Allocation, ensure consistency with State law, and otherwise maintain the existing policies, standards and regulations of the Zoning Ordinance that promote the public health, safety and welfare.

Section 2. Article 9 of the Santa Monica Municipal Code is hereby amended to read as set forth in Exhibit A, attached hereto.

SECTION 3. Any provision of the Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance.

SECTION 4. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

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Packet Pg. 231 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 16 SECTION 5. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption.

APPROVED AS TO FORM:
_______________________

DOUGLAS SLOAN
City Attorney

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Packet Pg. 232 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 17 EXHIBIT A
Amendments to the Text of the Zoning Ordinance for Consistency with the Goals, Policies, and Programs Set Forth in the 6th Cycle Housing Element, and to Make Minor Changes, Clarifications, and Corrections to Parcel Coverage Limitations for Existing Structures in the R1 District and to Standards for Accessory Structures [BEHIND THIS PAGE]

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Packet Pg. 233 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 1 DIVISION 1: INTRODUCTORY PROVISIONS
Chapter 9.01, Title, Purpose, and Authority
Chapter 9.02, Establishment of Zoning Districts
Chapter 9.04, Rules for Measurement

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Packet Pg. 234 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 2 CHAPTER 9.01 TITLE, PURPOSE AND AUTHORITY

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.

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Packet Pg. 235 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 3 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. 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:

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Packet Pg. 236 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 4 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.

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Packet Pg. 237 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 5 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.

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.

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Packet Pg. 238 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 6 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.

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Packet Pg. 239 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 7 CHAPTER 9.02 ESTABLISHMENT OF ZONING DISTRICTS

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

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Packet Pg. 240 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 8 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
CAC Conservation: -Art Center
CCS Conservation: Creative Sector
PPCO Pedestrian Priority Corridor Overlay
RPO 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)

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Packet Pg. 241 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 9 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 SingleUnit 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.

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Packet Pg. 242 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 10 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
PPC Pedestrian Priority Corridor Overlay
RP Retail Priority Overlay

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Packet Pg. 243 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 11 CHAPTER 9.04 RULES FOR MEASUREMENT

9.04.150 Determining Eligibility for a Housing Project with Existing Structures.

To determine whether a project on a parcel with an existing structure that proposes an addition consisting of residential uses, or a conversion of existing space from nonresidential to residential uses, meets the definition of a Housing Project as defined by Section 9.52.020.1125, the floor area of the existing structure that will remain dedicated to non-residential uses shall be excluded.

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Packet Pg. 244 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 1 DIVISION 2: BASE AND OVERLAY DISTRICTS
Chapter 9.07, Single-Unit Residential District
Chapter 9.08, Multi-Unit Residential Districts
Chapter 9.09, Ocean Park Neighborhood Districts
Chapter 9.10, Downtown Districts
Chapter 9.11, Mixed-Use and Commercial Districts
Chapter 9.13, Employment Districts
Chapter 9.14, Oceanfront District
Chapter 9.15, Public and Semi-Public Districts
Chapter 9.18, Activity Center & Neighborhood Conservation Overlay Districts Chapter 9.19, Moderate Income Overlay District

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Packet Pg. 245 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 2 CHAPTER 9.07 SINGLE-UNIT RESIDENTIAL DISTRICT

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.

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Packet Pg. 246 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 3 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 dwellings homes, 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.

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.
“–” designates uses that are not permitted.

Land uses are defined in Chapter 9.51, Use Classifications. Use classifications and subclassifications not listed in the table are prohibited. Accessory uses are permissible when

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Packet Pg. 247 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 4 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-classifications classifcations 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 P
MUP
Section 9.31.125, Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential 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 district Multiple-Unit Dwelling L(1) Section 9.31.195, Multiple-Unit Dwelling Projects Family Day Care See sub-classifications classifcations below.

Large P Section 9.31.140, Family Day Care, Large
Small P
Residential Facilities See sub-classifications classifcations 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

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Packet Pg. 248 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 5 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:
(a) 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 (b) 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.

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

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Packet Pg. 249 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 6 TABLE 9.07.030: DEVELOPMENT STANDARDS—SINGLE-UNIT RESIDENTIAL DISTRICT Standard R1 Additional Regulations
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 Allowable
Residential 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 shall may be permitted as provided
in Section 9.31.125, Duplexes and Lot Splits
on Parcels Zoned for Single-Unit
Residential with 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

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Packet Pg. 250 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 7 TABLE 9.07.030: DEVELOPMENT STANDARDS—SINGLE-UNIT RESIDENTIAL DISTRICT Standard R1 Additional Regulations
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.

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

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Packet Pg. 251 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 8 Front Upper-Story
Stepback upper-story
stepback
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 upperstory 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.

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

10.A.d
Packet Pg. 252 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 9 TABLE 9.07.030: DEVELOPMENT STANDARDS—SINGLE-UNIT RESIDENTIAL DISTRICT Standard R1 Additional Regulations
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.

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Packet Pg. 253 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 10 Side Upper-Story
Stepbacks upper-story
stepbacks
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
upper-story 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.

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

10.A.d
Packet Pg. 254 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 11 TABLE 9.07.030: DEVELOPMENT STANDARDS—SINGLE-UNIT RESIDENTIAL DISTRICT Standard R1 Additional Regulations
calculating compliance with this
standard.
• Any stepback area used
to comply with a front upperstory stepback requirement shall not be included in calculating
compliance with this standard.
• This standard shall apply
to each total side building
elevation.

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, first-story
roof deck, or similar
outdoor space
3% of parcel area or 300 sq. ft.,
whichever is less
Individual balconies, terraces, decks,
first-story 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

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Packet Pg. 255 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 12 TABLE 9.07.030: DEVELOPMENT STANDARDS—SINGLE-UNIT RESIDENTIAL DISTRICT Standard R1 Additional Regulations
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, semi-subterranean, 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 belowgrade 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

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Packet Pg. 256 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 13 TABLE 9.07.030: DEVELOPMENT STANDARDS—SINGLE-UNIT RESIDENTIAL DISTRICT Standard R1 Additional Regulations
Vehicle Accommodation
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 SingleUnit Residential
Section 9.31.125, Duplexes and Lot Splits on Parcels Zoned for SingleUnit 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

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Packet Pg. 257 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 14 TABLE 9.07.030: DEVELOPMENT STANDARDS—SINGLE-UNIT RESIDENTIAL DISTRICT Standard R1 Additional Regulations
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.

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Packet Pg. 258 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 15 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

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Packet Pg. 259 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 16 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

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Packet Pg. 260 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 17 (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.
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

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Packet Pg. 261 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 18 (e) The design modifications comply with the criteria set forth in Section 9.55.140.

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Packet Pg. 262 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 19 CHAPTER 9.08 MULTI-UNIT RESIDENTIAL DISTRICTS

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.

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.

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Packet Pg. 263 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 20 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 multi-unit 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, exclusive of 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.

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Packet Pg. 264 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 21 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 four-story 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, exclusive of 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.

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.

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Packet Pg. 265 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 22 “–” designates uses that are not permitted.

Land uses are defined in Chapter 9.51, Use Classifications. Use classifications and subclassifications 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 Dwelling Structure 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 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

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Packet Pg. 266 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 23 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
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
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.

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Packet Pg. 267 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 24 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
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.

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
Minimum Parcel Size (sq. ft.) 5,000 5,000 5,000

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Packet Pg. 268 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 25 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
Maximum Parcel Size (sq. ft.) 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
Maximum Allowable Density Minimum Parcel Area (sq. ft.) per Unit 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
Maximum Parcel Coverage (% of
Parcel Area) Ground Floor 5045 50 50
For projects with a base
density consisting of 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.

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Packet Pg. 269 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 26 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)
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

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Packet Pg. 270 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 27 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
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 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

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Packet Pg. 271 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 28 Unit; Junior Accessory Dwelling Unit; Single-Room Occupancy Housing; Congregate Housing; Senior Citizen Multiple-Unit Dwelling Residential; Senior Group Residential; Family Day Care, Small; Supportive Housing; Transitional Housing; Hospice, Limited; One-Story 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 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.

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Packet Pg. 272 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 29 c. Maximum Allowable Unit 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 that existed on September 8, 1988 or parcels 40 feet or less in width, one dwelling unit may be permitted, except that more units may be otherwise permitted in accordance with Section 9.31.125, Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential. No more than one dwelling unit shall be permitted on a parcel 40 feet or less in width.

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 consisting of 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.

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Packet Pg. 273 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 30 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.
ij. View Corridor. A structure with 70 linear square 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

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Packet Pg. 274 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 31 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 quarters buildings up to 14 feet in height on parcels having a minimum area of 10,000 square feet,

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Packet Pg. 275 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 32 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 Allowable Unit 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 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 consisting of 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.

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Packet Pg. 276 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 33 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, Architectural Review District Boundaries, all projects are subject to design review subject to Chapter 9.55, Architectural Review.

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:

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Packet Pg. 277 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 34 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; One-Story 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.
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

10.A.d
Packet Pg. 278 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 35 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 consisting of 8 to 10 units, a Floor Area Ratio of 1.25 is permitted. d. Maximum Allowable Unit 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, except that more units may be otherwise permitted in accordance with Section

9.31.125, Duplexes and Lot Splits on Parcels Zoned for Single-Unit Residential.

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Packet Pg. 279 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 36 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′
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.

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Packet Pg. 280 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 37 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.

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Packet Pg. 281 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 38 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.

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.

10.A.d
Packet Pg. 282 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 39 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.

10.A.d
Packet Pg. 283 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 40 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.

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.

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Packet Pg. 284 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 41 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,

10.A.d
Packet Pg. 285 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 42 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.

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Packet Pg. 286 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 43 CHAPTER 9.09 OCEAN PARK NEIGHBORHOOD DISTRICTS

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.

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Packet Pg. 287 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 44 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
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
Dwelling Structure 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

10.A.d
Packet Pg. 288 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 45 TABLE 9.09.020: LAND USE REGULATIONS—OCEAN PARK NEIGHBORHOOD DISTRICTS Use Classification OP1 OPD OP2 OP3 OP4 Additional Regulations 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 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) Permitted only on parcels with existing surface parking lots:
(a) 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 (b) 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.

Reserved.
(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.

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

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Packet Pg. 289 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 46 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)
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
Maximum Allowable Density
Tier 1—Base Standard
1 unit per
parcel
N/A
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 consisting of 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

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Packet Pg. 290 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 47 TABLE 9.09.030: DEVELOPMENT STANDARDS—OCEAN PARK NEIGHBORHOOD DISTRICTS Standard OP1 OPD OP2 OP3 OP4 Additional Regulations
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
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

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Packet Pg. 291 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 48 TABLE 9.09.030: DEVELOPMENT STANDARDS—OCEAN PARK NEIGHBORHOOD DISTRICTS Standard OP1 OPD OP2 OP3 OP4 Additional Regulations
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 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

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Packet Pg. 292 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 49 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, except that more units may be 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

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Packet Pg. 293 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 50 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.

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

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Packet Pg. 294 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 51 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.

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:

10.A.d
Packet Pg. 295 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 52 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,

10.A.d
Packet Pg. 296 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 53 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.

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Packet Pg. 297 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 54 CHAPTER 9.10 DOWNTOWN DISTRICTS
Section 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 July 25, 2017 [date], 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.

Section 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.

10.A.d
Packet Pg. 298 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 55 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)
and (Third
Street
Promenade)
Area in BC
(2nd & 4th
Streets)
BC (2nd &
4th Streets)
(Excluding
Third Street
Promenade
Area) in BC
(2nd and 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 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 Dwelling
Structure PL(1) PL(3) L(1) L(1) PL(1) PL(1) PL(1)
Section 9.31.195,
Multiple-Unit
Dwelling Projects
Senior Citizen Multiple-Unit
Residential PL(1) PL(3) L(1) L(1) PL(1) PL(1) L(1)
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) 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 P L(3) L(1) L(1) L(1) L(1) L(1)

10.A.d
Packet Pg. 299 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 56 TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS Use Classification LT NV
BC
(Promenade)
and (Third
Street
Promenade)
Area in BC
(2nd & 4th
Streets)
BC (2nd &
4th Streets)
(Excluding
Third Street
Promenade
Area) in BC
(2nd and 4th
Streets) TA OT WT
Additional
Regulations
Care
Emergency Shelters L(6)/CUP 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 9.31.11,
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 P 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 L(15) P CUP L(1) L(7)/
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)/CU
P P 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 - - - - - - -

10.A.d
Packet Pg. 300 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 57 TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS Use Classification LT NV
BC
(Promenade)
and (Third
Street
Promenade)
Area in BC
(2nd & 4th
Streets)
BC (2nd &
4th Streets)
(Excluding
Third Street
Promenade
Area) in BC
(2nd and 4th
Streets) TA OT WT
Additional
Regulations
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/Vehicle
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)/CUP 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(15) 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
than 99 seats
- - P CUP CUP - -
Convention and Conference
Centers

CUP CUP P 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

10.A.d
Packet Pg. 301 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 58 TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS Use Classification LT NV
BC
(Promenade)
and (Third
Street
Promenade)
Area in BC
(2nd & 4th
Streets)
BC (2nd &
4th Streets)
(Excluding
Third Street
Promenade
Area) in BC
(2nd and 4th
Streets) TA OT WT
Additional
Regulations
Restaurants, Full-Service,
Limited Service & Take-Out
(2,501 – 5,000 sq ft,
including Outdoor Dining
and Seating)
P P L(22) P P P P Section 9.31.280,
Restaurants, Limited
Service, and TakeOut 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
Food Hall (up to 175 seats) CUP CUP P CUP CUP CUP CUP
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 P CUP CUP CUP -
Funeral Parlors and Mortuaries CUP - - - - - -
Instructional Services L(5)/CUP L(3),
L(5)/CUP
L(1),
L(5)/CUP
L(5)/CUP 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 P MUP MUP MUP MUP Section 9.31.090, Bed and Breakfasts
Hotels and Motels CUP CUP P 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)
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
P 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, - CUP

10.A.d
Packet Pg. 302 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 59 TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS Use Classification LT NV
BC
(Promenade)
and (Third
Street
Promenade)
Area in BC
(2nd & 4th
Streets)
BC (2nd &
4th Streets)
(Excluding
Third Street
Promenade
Area) in BC
(2nd and 4th
Streets) TA OT WT
Additional
Regulations
L(11)
Personal Services See sub-classifications below.

General Personal Services L(5)/CUP L(5)/CUP P 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(17),
L(21)/CU
P
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
MUP MUP P MUP MUP MUP - 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 P 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(2) L(1) P P P
Commercial Kitchens - - - CUP - -
Industry, Limited - - L(2),
L(23)
- - - -
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
Specific Limitations:
(1) Limited to upper floors, and on the ground floor where the entire tenant space shall be located at least 25 feet from the front property line, except for residential units shall be limited to upper floors only. (2) A minimum depth of 25 feet from the front parcel line adjacent to a street for the entire ground-floor street frontage shall be designed to accommodate interactive uses. For purposes of this limitation, interactive uses shall be commercial uses with an interactive element, including, but not limited to, retail sales, exhibitions, displays, demonstrations, or instruction. (3) Between 4th and 4th7th 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

10.A.d
Packet Pg. 303 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 60 TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS Use Classification LT NV
BC
(Promenade)
and (Third
Street
Promenade)
Area in BC
(2nd & 4th
Streets)
BC (2nd &
4th Streets)
(Excluding
Third Street
Promenade
Area) in BC
(2nd and 4th
Streets) TA OT WT
Additional
Regulations
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 automobile/vehicle dealer showrooms only which must display one alternative fuel automobile/vehicle if such an automobile/vehicle is available in the dealer’s fleet, and limited to six showrooms in the Third Street Promenade Area. (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 Mixed-Use 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 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 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) Limited to the ground floor with frontage along 2nd Court and 3rd Court alleys or to upper floors. (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

10.A.d
Packet Pg. 304 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 61 TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS Use Classification LT NV
BC
(Promenade)
and (Third
Street
Promenade)
Area in BC
(2nd & 4th
Streets)
BC (2nd &
4th Streets)
(Excluding
Third Street
Promenade
Area) in BC
(2nd and 4th
Streets) TA OT WT
Additional
Regulations
food consumption; and food served with disposable, one-time, or limited-use wrapping, containers, or utensils. (23) Excludes commercial laundries and dry cleaning plants, monument works, medicinal cannabis, and medicinal cannabis products.

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, the The requirements of this Chapter apply to all projects involving new development and additions that are not housing projects, as defined by Section 9.52.020.1125, and 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

10.A.d
Packet Pg. 305 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 62 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; or
b. 25% off-site affordable housing
C. Housing and Mixed-Use Residential Projects Qualifying Benefits for Tier 2 and Tier 3 Projects with Residential Uses. An applicant seeking approval for a project that is not a housing project, as defined by Section 9.52.020.1125, but proposes residential uses housing 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 that propose to include dwelling units must meet the following requirements:
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, Affordable Housing Production Program. As set forth in Table

9.10.070.A, applicants Applicants 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:

10.A.d
Packet Pg. 306 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 63 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
Tier
On-Site Affordable
Housing %
Off-Site Affordable Housing
%
Tier 2 20% 25%
Tier 3 25% 30%
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%
ii. Affordable housing units may be provided off-site 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

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Packet Pg. 307 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 64 forth in Table 9.10.070.A. The off-site affordable housing units shall meet the following conditions:
(1) The affordable housing units are owned in whole or part and operated by a non-profit 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 project containing the market-rate units Tier 2 or qualifying Tier 3 project; and
(3) The off-site units may be located anywhere in the City except for within the area defined in Figure 9.64.060.A, Off-Site Affordable Housing Prohibition Area, in Section 9.64.060, Off-Site Option. 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.
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 Projects
Affordability Mix for
Affordable Housing
Units in Tier 3 Projects
50% Income Household 10% 10%

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Packet Pg. 308 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 65 80% Income Household 5% 10%
Moderate Income 5% 5%
TABLE 9.10.070.B. AFFORDABILITY
Affordability Level Affordability Mix of Total
Number of Affordable Housing
Units
30% Income Household 20%
50% Income Household 20%
80% Income Household 30%
Moderate Income 30%
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 with dwelling units shall incorporate the following:
i. For market rate units:
(1) At least 1015% of the units shall be three-bedroom units; (2) At least 1520% 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
(5) 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 to the next lower integer. Any fractional housing unit of

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Packet Pg. 309 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 66 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) The unit mix percentage for affordable two- and threebedroom average number of bedrooms for all of the affordable housing units 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)(1)(b)(i) (C)(2)(a) of this Section;.
(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

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Packet Pg. 310 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 67 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 Tier 2 and Tier 3 Projects Qualifying Benefits. An applicant seeking approval for Tier 2 and Tier 3 projects up to 30,000 square feet that are not housing projects, as defined by Section 9.52.020.1125, and do not propose any residential uses, residential or mixed-use projects that exceed the base floor area or height allowed in the

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Packet Pg. 311 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 68 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 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.

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Packet Pg. 312 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 69 CHAPTER 9.11 MIXED-USE AND COMMERCIAL DISTRICTS

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 mixeduse 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

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Packet Pg. 313 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 70 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 localserving retail and a diversity of housing types. The Mixed-Use Boulevard District provides an environment that will accommodate affordable, workforce, and market-rate 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.

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Packet Pg. 314 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 71 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 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.

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Packet Pg. 315 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 72 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.

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

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Packet Pg. 316 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 73 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 AND COMMERCIAL 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
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 Dwelling Structure P P P L(1)P Section 9.31.195, Multiple-Unit Dwelling Projects
Senior Citizen Multiple-Unit Residential P P P L(1)P 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

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Packet Pg. 317 Attachment: Attachment D_CDD-Ord-6th Cycle HE (ZO) 032123revised [Revision 3] (5570 : Housing Element Implementation (120 mins)) 74 TABLE 9.11.020: LAND USE REGULATIONS—COMMERCIAL AND MIXED-USE AND COMMERCIAL CORRIDOR

DISTRICTS
Use Classification MUBL MUB GC NC Additional Regulations 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.

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.

Santa Monica City CouncilMarch 21, 2023

Santa Monica City Council
March 21, 2023