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O1689 CA:MHS:hsg2/pc City Council Meeting 7-13-93 Santa Monica, California ORDINANCE NUMBER l689 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MODIFYING ZONING AND DEVELOPMENT STANDARDS TO FACILITATE AFFORDABLE HOUSING WHEREAS, the Santa Monica Task Force On Homelessness ( "Task Force") has recommended that the City Council adopt measures to promote the development of affordable housing in Santa Monica; and WHEREAS, the Task Force has found that the city's planning and zoning restrictions and implementation make it difficult to develop affordable housing within the City limits, and has recommended the modification or elimination of current zoning regulations which slow down or prohibit the development of a range of housing opportunities for the homeless and special needs populations, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Findings and Purpose. The city Council finds and declares: (a) There is a growing population of homeless and other persons in the City in need of a range of housing opportunities including transitional housing, congregate housing, homeless shelters, single room occupancy housing units and deed-restricted or restricted by an agreement approved by the city affordable housing. 1 (b) The lack of a range of housing opportunities, particularly affordable housing, threatens the public peace, health and safety. (c) There are several projects currently proposed or contemplated which, if completed, would help meet the need for affordable housing in the city. Present zoning restrictions hinder the ldevelopment of these projects. (d) The Zoning Ordinance requires review and revision with respect to eliminating barriers to the development of affordable housing. (e) Pending such review and revision, and in order to facilitate the processing and development of currently pending or contemplated affordable housing projects, it is necessary to modify on a temporary basis the zoning standards governing the development of affordable housing. (f) This Ordinance is adopted pursuant to Santa Monica Municipal Code Sections 9.04.20.16.020 through 9.04.20.16.040. A resolution of intention was adopted by the Planning commission on April 29, 1992. The Planning Commission held pUblic hearings regarding the recommended amendment on May 13, 1992, May 27, 1992, and June 3, 1992, made findings pursuant to 9120.3, and recommended the amendment to the City Council. (g) On July 14, 1992, the City Council adopted Ordinance Number 1635 (CCS) to implement the above modifications to the Zoning Ordinance. Ordinance Number 1635 (CCS) will expire August 14, 1993, unless extended by the Council for one year, pursuant to Section 10 of that Ordinance. On June 15, 1993, the City council introduced 2 for first reading an Ordinance making permanent most of the provisions of Ordinance 1635 (CCS) which relate to the commercial districts involved in the Commercial Development Standards Program. It is the purpose of this Ordinance to extend for one year those portions of Ordinance 1635 (CCS) which relate to the residential dis~ricts and those related to commercial districts not reviewed as part of the Commercial Development Standards Program. SECTION 2. Zoning and Development Standards. Notwithstanding any provisions of the Santa Monica Municipal Code to the contrary, the following zoning and development standards shall apply to the following types of housing: (a) Permitted Uses. In addition to the uses currently permitted in the zone, the following use shall be a permitted use in the R1 district: domestic violence shelters. In addition to the uses currently permitted in the zone, the following uses shall be permitted uses in the R2, R2B, R3, R3R, R4, OP2, OP3, OP4, and RVC districts: senior housing, senior group housing, transitional housing, single room occupancy housing, congregate housing, and domestic violence shelters. In addition to the uses currently permitted in the zone, the following uses shall be permitted uses in the OP-l, OP Duplex and R2R districts: domestic violence shelters. In addition to the uses currently permitted in the zone, the following uses shall be permitted uses in the CM and CP districts: single family dwelling units, mUlti-family dwelling units, homeless 3 shelters with less than 55 beds, congregate housing, transitional housing, single room occupancy housing, senior housing, senior group housing, and domestic violence shelters. In addition to the uses currently permitted in the zone, the following use shall be permitted in the CC district: transitional housing. (b) conditionally permitted Uses. In addition to the uses currently conditionally permitted in the zoning district, the following uses shall be conditionally permitted uses in the R3, R3R, R4, OP2, OP3, OP4, and RVC districts: homeless shelters. In addition to the uses currently conditionally permitted in the zoning district, the following use shall be conditionally permitted in the CM and CP districts: homeless shelters with 55 or more beds. (c) Maximum Building Height. In residential districts, CM, and CP zoning districts, there shall be no limitation on the number of floors of any Affordable Housing project, as long as the building height does not exceed the maximum number of feet allowed in the underlying zoning district, or as allowed in section 3(d) of this Ordinance. (d) Height Bonus In Non-Residential Districts. The height of an Affordable Housing Project located in a non-residential district may exceed by 10 feet the maximum number of feet allowed in the underlying zoning district. This provision shall not be applicable to projects which have already received a height bonus under an existing Zoning Ordinance provision. 4 (e) Maximum unit Density. Affordable Housing projects developed with individual dwelling units are entitled to a local density bonus equivalent and in addition to the state density bonus. This provision shall not be applicable to projects which have already received an equivalent density bonus under existing Zoning ordfnance provisions. In multi-family districts, congregate housing, single room occupancy housing, and homeless shelters, when not developed in an individual dwelling unit format, and transitional housing shall not be subject to the district's maximum unit density standard, but the number of beds shall be limited to 3 times the maximum number of dwelling units which would otherwise be permitted. (f) setback Requirements. Affordable Housing projects located on a corner parcel, the street frontage dimension of which requires that the property line adjacent to the alley be deemed a side parcel line, may count one-half of the width of the alley as a portion of the required side yard setback, as long as a minimum setback of 4 feet from the property line is maintained. Affordable Housing Projects need only provide and maintain the unexcavated area required by section 9.04.10.02.170 of the Santa Monica Municipal Code on one side of the property. SECTION 3. Development Standards Applicable to Homeless Shelters. Notwithstanding any provisions of the Santa Monica Municipal Code to the contrary, homeless shelters shall not be subject to the issuance of a performance standards permit in any 5 zoning district, but homeless shelters located in any residential district, the CM or CP zoning districts shall comply with the development standards set forth in Zoning Ordinance section 9.04.10.02.061. l SECTION 4. Development Standards Applicable to Senior Group Housinq. Notwithstanding any provisions of the Santa Monica Municipal Code to the contrary, senior group housing shall not be subject to the issuance of a performance standards permit in any zoning district, but senior group housing located in any residential district, the CM or CP zoning districts shall comply with the development standards set forth in Zoning Ordinance Section 9.04.10.02.141. SECTION 5. Development Standards Applicable to Transitional and Congreqate Housing. Transitional and congregate housing located in any residential district, the CMor CP zoning districts shall be sUbject to the development standard set forth in Zoning Ordinance Section 9.04.10.02.142. SECTION 6. Development Standards APplicable to Residential Uses in the CM, CP and CC Districts. Notwithstanding any provisions of the Santa Monica Municipal Code to the contrary, residential uses located in the CM, CP or CC zoning districts shall not be subject to the issuance of a performance standards permit, but the following development standards shall apply. Single family dwelling units, 6 mUlti-family dwelling units, congregate housing, transitional housing, single room occupancy housing, senior housing, and transitional housing shall comply with the following development standards: (a) Location. The residential units shall not be located on the 19round floor street front except where specifically permitted. Residential units may be located on the ground floor provided they are at least 50 feet from the front property line. This requirement may be altered through approval of a variance. This requirement shall not apply to developments in the CP districts, or to Affordable Housing Projects. (b) Access. For new construction projects, the residential units shall have a separate and secured entrance and exit that is directly accessible to the parking. Existing and new construction projects shall have a secured parking entrance. (c) parking. Residential use parking shall comply with Part 9.04.10.08 of the Zoning ordinance, except as modified by this Ordinance. Parking may be shared when the commercial or manufacturing use generates a parking demand primarily during the hours of 8:00 A.M. to 5:00 P.M., Monday through Friday. (d) Noise. Residential units shall be constructed so that interior noise levels do not exceed 55 decibels for more than 60 minutes in any 24 hour period and 45 decibels for more than 30 minutes between the hours of 11:00 P.M. and 7:00 A.M. (e) Lighting. All lighting shall comply with section 9.04.10.02.270 of the zoning Ordinance. 7 (f) Design. For new construction, the floors devoted to residential units shall provide an exterior appearance and character which denotes it as housing and is visibly different from the commercial or manufacturing floors through the use of patios, changes in fenestration, and appropriate levels of detail, while maintaining a cohesive quality. (g) Landscaping. On-site landscaping shall be installed and maintained to the standards outlined in Part 9.04.10.04 of the Zoning Ordinance. (h) Refuse storage and Location. The residential units shall maintain a refuse storage container separate from that used by the commercial or manufacturing business. It shall be clearly marked for residential use only and use by commercial or manufacturing businesses is prohibited. SECTION 7. Parking Standards. Notwithstanding any provisions of the Santa Monica Municipal Code to the contrary, the following parking standards shall apply to the following types of housing located in any district: Unit Type S?aces Required Com?act Percentaqe Congregate Housing 1 space/5 beds 40% Housing Units Deed- Restricted or restricted by an agreement approved by the City for Low and Moderate Income: Studio, no bedroom 1 bedroom 2 bedroom or larger Visitor 1 space/unit 1 space/unit 1. S space/unit 1 space/S units 40% 40% 40% 40% 8 Senior Housing and Senior Group Housing 0.5 space/unit 40% visitor 1 space/5 units Senior Housing and Senior Group Housing Deed Restricted or restricted by an agreement approved by the City for)Low and Moderate Income 0.25 space/unit 40% Visitor 1 space/5 units 40% Homeless Shelters 1 space/10 beds 40% Domestic Violence Shelter 0.5 spaces per bedroom 40% single Room Occupancy Visitor 0.5 space/unit 1 space/5 units 40% Single Room Occupancy Deed Restricted to Low and Moderate Income 0.25 space/unit 40% Visitor 1 space/5 units 40% Transitional Housing Visitor 0.5 space/bedroom 1 space/5 units 40% SECTION 8. Densi ty Bonus for Affordable Housing in Non- Residential Districts. In addition to any other applicable provision of this ordinance, Affordable Housing Projects located in non-residential zoning districts may have a Floor Area Ratio equal to the applicable base FAR limitation of the underlying zoning district plus 0.5 times the floor area devoted to such units. In mixed-used projects, such bonus may be utilized in the residential portion of the project only. This section is not applicable to projects which have already received a FAR bonus pursuant to Zoning 9 Ordinance provisions providing a FAR bonus for projects which include affordable residential units. To the extent a project qualifies for a density bonus under state law, any bonus granted under this section shall be counted toward satisfying the state density bonus requirement. SECTION 9. This ordinance shall be of no further force and effect one year from its effective date. SECTION 10. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect the provisions of this ordinance. SECTION 11. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The city council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. 10 SECTION 12. 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 upon 30 days after its adoption. SECTION 13. The applicant for any project for which an application has been filed but not approved at the time this Ordinance becomes effective can elect to have the provisions of this ordinance apply to the project. APPROVED AS TO FORM: ~~ JOS H LAWRENCE Acting city Attorney 11 Adopted and approved this 13th day of July, 1993. t} ~ir I hereby certify that the foregoing Ordinance No. 1689(CCS) was duly and regularly introduced at a meeting of the City Council on the 29th day of June 1993; that the said Ordinance was thereafter duly adopted at a meeting of the City Council on the 13th day of July 1993 by the following Council vote: Ayes: Councilmembers: Abdo, Genser, Greenberg, Holbrook, Olsen, Rosenstein, Vazquez Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: None ATTEST: ~L~PC{fJ1~