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O1927 f\atty\muni\laws\barry\drthres 2d City Council Meeting 11-10-98 Santa Monica, Cahfornia ORDINANCE NUMBER 1927 (CCS) (City Councll Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MODIFYING SECTIONS OF THE ZONING ORDINANCE TO ALLOW SQUARE FOOTAGE DEVOTED TO RESIDENTIAL USES IN THE RVC, BCD, BSCD, C2, C3, C3-C, C4, C6, CM, AND CP DISTRICTS TO BE REDUCED BY 50% FOR PURPOSES OF CALCULATING THE DEVELOPMENT REVIEW PERMIT THRESHOLD AND MODIFYING AND ADDING SECTIONS TO THE ZONING ORDINANCE TO REQUIRE THAT PROJECTS WHICH T AKE ADVANTAGE OF THIS SQUARE FOOTAGE REDUCTION BE DEED RESTRICTED TO MAINTAIN THE RESIDENTIAL USE OF THE PROJECT WHEREAS, the City has a long-standmg policy of encouragIng residential development or mixed use development In its commercial zones, and WHEREAS, m 1993, the CIty amended the Zoning OrdInance to conditionally permit residential development In the Special Office Commercial (C5) and Industrial ConservatIOn (MI) Districts, and to permit residential uses as a matter of nght In most other commercial dlstncts, mcluding the RVC, BCD, BSCD, C2, C3, C3-C, C4, C6, eM, and CP DistriCts, and WHEREAS reSIdential development in the City's commercial districts helps to make these dIstricts active and VIbrant during both daytime and evemng hours and greatly expands housmg opportunities throughout the City, and WHEREAS, In addition to pennittmg reSidential development, eight of the City's commerCIal zoning districts offer Incentives for the development of residential uses, five of these distncts offer 1 these Incentives by providing densIty bonuses while three allow for resIdential floor area to be discounted, and WHEREAS to further encourage new residential development m commercial zones, the CIty deslfes to streamline the approval process for resIdential development in comparison to other projects, where appropriate, and WHEREAS, presently, each of these commercial districts reqUlre a development reVlew permit when the development exceeds a specIfied square footage offloor area ranging from 11,000 to 30,000 square feet dependmg on the dlstnct, and WHEREAS, this development reVlew threshold is not discounted when floor area is devoted to resIdential use, and WHEREAS, the reqUlrement of a development review permit adds additional tIme and expense to the reVlew ofa project and also subjects a project to environmental review, and WHEREAS, to expedIte pemnt processmg, there IS a strong mcentive for applicants to submit projects that do not exceed the development review permit threshold resulting in applicants choosmg eIther not to use the floor area bonus at all or not to use the bonus to its maximum potential, and WHEREAS, given these circumstances, It is necessary to modIfy the existmg special project deSIgn and development standards in the RVC, BCD, BSCD, C2, C3, C3-C, C4, C6, CM and CP Distncts to provide that for the purposes of assessing whether a development review penmt is required for new development, floor area devoted to residentIal uses shall be discounted by fifty percent (50%), and WHEREAS, discountmg the floor area devoted to residentIal use will raise the threshold at which reSIdential projects must obtain a development reVlew permit, thereby reducmg the number of ., .. residentlal projects subject to this review and pernnttmg developers to more fully take advantage of the currently-available density bonuses, and WHEREAS, on March 24,1998, the City Councll adopted Ordmance Number 1907 (CCS), a 45-day interim ordinance winch provided that for purposes of calculating the development review pennit threshold m the C3-C DIstnct, floor area dedIcated to reSIdential uses shall be dIscounted by 50%, and WHEREAS, on Apn128, 1998, the CIty Councll adopted Ordinance Number 1910 (CCS), which extended the modIfications made to the development standards m the C3-C District for twenty four months and added a reqUirement that new development in that dIstnct replace any parking spaces currently eXlstmg on the SIte, and WHEREAS, the CIty Council also dlrected staff to investigate extending the development review permit threshold to other commercial districts, and WHEREAS, on August 5, 1998, the Planning Commission imuated this proposed text amendment by adopting a resolutIon of intentlOn, and WHEREAS, on October 7, 1998, the Planning CommisslOn held a pubhc hearing on the proposed text amendment and the COfiulllsslOn voted 6-0 With one abstentIon to recommend CIty Councll approval of all portions of the proposed text amendment except that portion of the amendment that would establish the replacement parking reqUirement m the C3-C and BSC Distncts, and WHEREAS, on October 27, 1998, the CIty Council held a publIc hearing on the proposed text amendment, and 3 WHEREAS, the City Council finds and declares that the proposed text amendment is conSistent In pnnciple with the goals, objectIves, pohcIes, land uses and programs specIfied in the adopted General Plan m that Land Use Element Policy 1 2 I encourages residential mixed use of appropriate commercially zoned parcels to provide a transition between resIdential and commercial areas, enhance secunty, and mcrease the hours of use, Land Use Element Policy 13 1 encourages the concentration of land uses winch create activity m both daytime and evening hours, Land Use Element Pohey 1 3 5 encourages residentIal uses 10 the downtown, Land Use Element Pohcy 1 10 2 allows residential uses m all commercial distncts, Housmg Element Pohcy 1 2 states that the City should encourage and provide incentives for the development ofhousmg m non-residential zones, and Housing Element Pohcy 1 5 states that the CIty shall penodlcally review CIty, taxes, fees, and regulations to ensure that they do not constram housing development, and WHEREAS, the proposed text amendment would also implement specific actIon Items estabhshed by Program 1 a of the Housmg Element, and WHEREAS, the City Council finds and declares that the public health, safety, and general welfare require the adoption of the proposed text amendment in that opportunitIes to develop new housing In the CIty without demohshmg existmg housing are very liImted given that the City encompasses only eight (8) square miles and is fully bUIlt out Consequently, project applIcants may choose to undertake commercial development rather than residential development unless the reVIew process for residential IS streamlmed Such a result IS counter to the City's goal of encouragmg resIdential development 10 the commerCIal areas throughout the City WIthout exceedmg the maxJ.mum development square footage anticIpated by both the CommerCIal Development Standards EIR and the Bayside DIstriCt Specific Plan EIR, 4 NOW TIIEREFORE, THE CITY COUNCIL OF TIIE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS SECTION 1 SectlOn 9 04 08 12 060 of the Santa Monica Municipal Code IS amended to read as follows 9.04.08.12.060 Property development standards All property in the RVe Distnct shall be developed in accordance with the following standards (a) Maximum Building Height and FAR. Maxtmum building height, number of stories and floor area ratio shall be determined as follows Table 9.04.08.12.060 l\-1AXIMUl\f BUILDING HEIGHT AND FAR (1) Properties Bounded by Maximum Maximum Number Maximum the Following Streets Height of Stories FAR Pier Overlay a Santa Monica Pier The Deauvtlle site to the north, Seaside Terrace to the south, The Promenade, to the west, and Ocean Avenue to the east. except parcels fronting on Ocean Avenue 30. 2 10 b Parcels frontmg on Ocean Avenue 30' 2 5 c Replacement of Sinbad1s buildmg only on the Santa Maruca Pier 401 3 1 0 d ~usementndeson 5 the Santa l\fomca PIer 851 for one Ferns Wheel, 551 for one Roller Coaster, 451 for all other amusement rides West side of Ocean Avenue from PICa Boulevard to Seaside Terrace (Ocean Avenue Fronting Parcels Only) 45' 3 20 East sIde of Ocean Avenue to FIrst Court from Colorado Avenue to California Avenue 451 3 20 F or parcels located along the PaCIfic Coast Highway between the Santa Monica Pier and the north CIty limits 231 2 05 flat roof 30' pItched roof (2) As used m this Section, a "pitched roof' IS defined as a roof with at least two sides having no less than one foot ofvertlcal rise for every three feet of horizontal run The walls of the bmldmg may not exceed the maximum height reqmred for a flat roof (3) There shall be no litmtatlOn on the number of stories of any hotel, parking structure or Affordable Housmg Project, as long as the height does not exceed the maxunum number offeet permitted in thiS Section Maximum buildmg height for the pier platform shall be measured from the pier platform rather than average natural grade (b) Maximum Unit Density. For parcels located along the PaCific Coast Highway between the Santa Monica Pier and the north City limits, those parcels greater than four 6 thousand square feet, one dwelling unit for each fifteen hundred square feet of parcel area is permitted For parcels less than four thousand square feet, no dwelling uruts shall be permitted except that one dwelling unit may be permitted if a single fanuly dwelling existed on the parcel on September 9, 1988 No more than one dwelling urnt shall be permitted on a parcel forty feet or less in Width (c) Maximum Parcel Coverage. Seventy percent except that for parcels located along the Pacmc Coast Highway between the Santa Monica Pier and the north City limits, the maximum parcel coverage shall be fifty percent (d) Minimum Lot Size. Five thousand square feet Each parcel shall contam a nnrumum depth of one hundred feet and a minimum WIdth of fifty feet, except that parcels existmg on September 9, 1988, shall not be subject to this requirement (e) Front Yard Setback. (1) Thirty-five feet along the west side of Ocean Avenue south of Colorado Avenue, twenty feet on the east side of Ocean Avenue south of Colorado Avenue and five feet on all other streets, except that for parcels located along the Pacdic Coast Highway between the Santa Monica Pier and the north City limits, the front yard setback shall be twenty feet or as shown on the OffiCIal Dlstrictmg Map, whichever is greater (2) At least trutty percent of the building elevation above fourteen feet m height shall provide an addltlOnal five-foot average setback from the minimum required front yard setback (f) Rear Yard Setback. Ftfteen feet, except that for parcels located along the Pacific Coast Highway between the Santa Monica Pier and the north City limits, the beach rear 7 yard setback shall be fifteen feet for parcels one hundred feet or less in depth, fifty-five feet for parcels over one hundred feet In depth (g) Side Yard Setback. The side yard setback. shall be detennined in accordance with the following formula, except for lots ofIess than fifty feet In width for which the side yard shall be ten percent of the parcel WIdth but not less than four feet 51 + (stones x lot width) . . 50' For parcels located along the Pacific Coast HIghway between the Santa Monica PIer and the north City ]lJTIlts, at least twenty-five percent of the side elevahon above fourteen feet in height shall provide an additional four-foot average setback from the minimum side yard setback (h) Development Review. A development reView pernut is reqUired for any development of more than fifteen thousand square feet offloor area on the Promenade, thirty thousand square feet of floor area In aU other areas of the Distnct, and for any development WIth rooftop parkmg Square Footage devoted to residential use shall be reduced by 50 percent when calculatmg whether a development review penmt is requlfed (i) View Corridor. For parcels located along the Pacific Coast HIghway between the Santa Momca Pier and the north City limits, any structure With seventy feet or more of frontage parallel to the PaCific Coast Highway shall prOVIde an unobstructed view comdor between Pacrfic Coast Highway and the ocean The view comdor shall be a minimum of twenty continuous feet in width measured from the property line abutting and 8 parallel to Pacific Coast Highway and shall remain unobstructed by any structure or portion thereof G) Parking. For parcels located along the Pacific Coast Highway between the Santa Moruca Pier and the north City limits, uncovered parking may be located in the front half of the parcel and within the reqUired front yard setback (k) Pedestrian Orientation. Ground floor street frontage of each structure shall be designed with pedestnan orientation m accordance with Section 9 04 10 02 440 of tins Chapter SECTION 2 Section 9 04 08 12 065 IS hereby added to the Santa Monica MuniCipal Code to read as follows 9.04.08.12.065 Deed restrictions. Prior to issuance of a budding permit for a project which, pursuant to tlns Part, has received a density or height bonus, or was not subject to a development reVIew pernut because the calculation of the residential square footage of the project was reduced by 50 percent, the applicant shall submit for City review and approval, deed restrictions or other legal instruments setting forth the obhgatlOn of the apphcant to maintam the residential use of the project for the hfe of the project SECTION 3 Santa Mornca Municipal Code Section 90408 14060 is amended to read as follows 9 9.04.08.14.060 Property development standards. All property m the Broadway Distnct shall be developed m accordance with the followmg standards (a) Maximum Building Height. Two stories, not to exceed thirty feet except that if fifty percent or more of the building is residential, three stories, not to exceed forty-five feet There shall be no limitation on the number of stories of any structure containing at least one floor of residential use, so long as the height does not exceed the maximum number offeet pernutted in this Section (b) Maximum Floor Area Ratio. The maxImum floor area ratio shall be determined as follows Parcel Square Footage 0-15,000 15,001 - 22,500 22,501 and up FAR I 0 090 080 FAR if at Least Thirty Percent of Project is Residential, or if at Least Eighty Percent of the Project is a Grocery Store 1 5 1 3 1 IS (c) Minimum Lot Size. Seven thousand five hundred square feet Each parcel shall have minimum dimenSIOns of fifty feet by one hundred fifty feet, except that parcels existing on the effectlve date of thiS Chapter shall not be subject to this requirement 10 (d) Front Yard Setback Landscaping as reqUlred pursuant to the proVIsions of Part 9 04 10 04 ( e) Rear Yard Setback None, except (1) Where rear parcel hne abuts a resldenual dIstrict, a rear yard equal to 5' + (stories x lot width) . - 50' The required rear yard may be used for parkmg or loading to within five feet of the rear parcel line provided the parkmg or loading does not extend above the first floor level and provided that a wall not less than five feet or more than six feet In heIght IS erected and mamtained along the rear commercIal parcel line Access dnveways shall be pennitted to perpendicularly cross the required rear yard proVIded the driveway does not exceed the lTIlmmum WIdth permitted for the parking area A reqUIred rear yard shall not be used for commercIal purposes (2) That needed to accommodate landscaping and screening for a rear yard buffer required pursuant to the proVIsions of Part 9 04 10 04 (f) Side Yard Setback. None, except (1) Where the interior SIde parcel line abuts a resIdential district, an intenor side yard equal to 5' + (stories x lot width) . - 50' The mtenor side yard may be used for parkmg or loading to WIthin five feet of the mterior side property line provided the parkmg or loadmg does not extend above the 11 first floor level and proVIded a wall not less than five feet or more than six feet In height IS erected and maintamed along the side commercial parcel hne A requIred interior side yard shall not be used for access or for commercial purposes (2) That needed to accommodate landscaping reqmred for a street Side yard, landscape buffer and screemng pursuant to the provisions of Part 9 04 1004 (3) A ten-foot setback from an mtenor property line shall be requlfed for portions of buildings that contam windows, doors, or other openings mto the interior of the building An Interior side yard less than ten feet shall be permItted If proVIsIons of the Uniform Building Code related to fire-rated opemngs III side yards are satisfied (g) Development Review. A development review permit is required for any development of more than twenty-two thousand five hundred square feet of floor area and for any development with rooftop parking Square footage devoted to reSIdential use shall be reduced by 50 percent when calculating whether a development reVIew permit is required (h) Pedestrian Orientation. Ground floor street frontage of each structure shall be deSIgned with pedestnan orientatlon in accordance WIth SectIOn 9 04 10 02 440 of this Chapter SECTION 4 Santa Monica Municipal Code SectIOn 90408 14065 IS amended to read as follows 12 9.04.08.14.065 Deed restrictions. Prior to issuance of a buildmg penrut for a project which, pursuant to this Part, has received a density or height bonus, or was not subject to a development review permit because the calculatton of the residential square footage of the project was reduced by 50 percent, the applicant shall submit for City review and approval, deed restnctions or other legal instruments setting forth the obbgation of the apphcant to maintain the reSIdential use of the project for the life of the project SECTION 5 Santa Monica Mumcipal Code SectlOD 9 04 08 15060 is amended to read as follows 9.04.08.15.060 Property development standards. All property in the BSC District shall be developed in accordance with the following standards (a) Maximum Building Height and FAR. MaXimum building height, number of stones and floor area ratio shall be detenruned as follows District Maximum Height Maximum Number of Stories Maximum FAR BSC-l BSC-2 BSC-3 BSC-4 56' 56' 56' 45' 4 4 4 3 30 30 30 20 Notwithstanding the above 13 (1) There shall be no limitatIOn on the number of stories of any hotel, parking structure, or structure containing at least one floor of residentIal use, so long as the height does not exceed the maximum number of feet permitted in this Section (2) Floor area devoted to resIdential uses shall be dlscounted by fifty percent for the purposes of floor area rabo calculation (3) Parcels offifteen thousand square feet or less within the Passageway Overlay Zone, as depicted in the Bayslde District Specific Plan, may be developed to a maximum height of eighty-four feet, and a 3 5 FAR proVided the following conditions are met (A) The top two floors are used exclusively for residential purposes, (B) All incluslonary uruts required by Chapter 9 28 ofthls Code are proVided on-Site, (C) Parkmg for the resldential uses IS proVlded on-site, notWlthstanding Section 9 04 10 08 030(m), (D) A passageway dedicated to the City of Santa Moruca as a recorded easement is provided, (E) The dedIcated passageway IS a mirumum of twelve feet m width and IS well lighted and visually unobstructed from the Promenade to the alley, (F) There shall be only one dedicated passageway perrrutted on each SIde of each block, however, dedIcated passageways existmg as of the effective date of the ordmance codified in tlus Section shall not count toward this hmit 14 (4) With the approval of a development reView penmt, parcels over fifteen thousand square feet Wlthm the Passageway Overlay Zone, as depIcted in the Bayslde District Specrlic Plan. may be developed to a maxunum height of eighty-four feet, and a 3 5 FAR provided the followmg conditions are met (A) The top two floors are used exclusively for residential purposes, (8) All mclusionary umts reqUired by Chapter 928 of this Code are proVlded on-site, (C) Parking for the residential uses IS provided on-sIte, notwithstanding Section 9 04 10 08 030(m), (D) A passageway dedIcated to the CIty of Santa Momca as a recorded easement is proVlded; (E) The dedicated passageway IS a mmimum of twelve feet in width and IS well lighted and Visually unobstructed from the Promenade to the alley, (F) There shall be only one dedIcated passageway permitted on each side of each block, however, dedIcated passageways eXlstmg as of the effectIve date of the ordinance codified m this Section shall not count toward this hmit (5) With the approval ofa development review permit, parcels in the BSC-2 and BSC-3 Distncts may be developed to a maxImum height of eighty-four feet, and a 3 5 FAR proVlded the following conditiOns are met (A) The top two floors are used exclusively for residentIal purposes, (B) All incluslOnary umts required by Chapter 9 28 of this Code are provided on-site, 15 (C) Parking for the residential uses is proVided on-site, notwithstanding Section 9 04 10 08 030(m) (6) With approval of a Development Review Permit, in the BSC-2 District, existing legal nonconforming buildmgs on different parcels may be connected by a bridge which exceeds height limitations and FAR hnutatlons for such parcels proVIded that the following condltlOns are met (A) The bndge contains no usable area other than that reasonably necessary for pedestrian circulation, (B) The height of the bridge IS no higher than the eXlstmg buildings, (C) The bridge would not be detnmental to public health or safety, (0) Appropriate covenants or restrictions are recorded with the County Recorder's Office WhICh state the intention of the owner(s) to develop the parcels as a single building site in accordance WIth Section 9 04 06 01O(g) of this Code (b) Building Stepbacks. For new structures or additions to existing structures, any portion of a bUlldmg elevation fronting on Second Street, Third Street Promenade or Fourth Street, above thirty feet m height shall be stepped back at a 36 9 degree angle measured from the honzontal For bUlldmgs located m the Passageway Overlay Zone, there shall be no additIonal stepback reqmrement above fifty-SIX feet of bUll ding height In addition, for parcels one hundred feet in depth measured from Wilshire Boulevard, Arizona Avenue, Santa Moruca Boulevard or Broadway (cross streets), any portIOn of a buildmg elevatlOn fronting on the cross street, above thirty feet in height, shall be stepped back fifteen feet from the cross street The Ardutectural 16 Review Board may allow the fifteen-foot stepback to be proVlded only for the portion of the building above forty-five feet 10 height If the Archttectural Review Board determines that such a stepback IS necessary to mamtam the dlstrictls eXIsting character and to provide visual contmmty with nearby structures (c) Minimum Parcel Size. For all zoning classifications in the BSC District. minimum parcel size shall be seven thousand five hundred square feet Each parcel shall contaIn a minimum depth of one hundred fifty feet and a lTIlnImum width of fifty feet, except that legal parcels existmg on the effective date of the ord1Oance codIfied m this SectiOn shall not be subject to thts requirement (d) For all zoning classifications in the BSe Distnct, a development reVIew penrut is required for any new development of more than thIrty thousand square feet offIoor area and for any development With rooftop parkmg Square footage devoted to residential use shall be reduced by 50 percent when calculatmg whether a development reVlew permit is required SECTION 6 Section 9040815065 IS added to the Santa Monica Murucipal Code to read as follows 9.04.08.15.065 Deed restrictions. Prior to issuance of a buildmg permIt for a project whtch, pursuant to thiS Part, has received a denSIty or heIght bonus. or was not subject to a development review permIt because the calculatIOn of the reSIdential square footage of the project was reduced by 50%. the apphcant shall suhnut for CIty review and approval. deed 17 restrictions or other legal instruments settmg forth the obligatiOn of the applicant to maintain the residential use of the project for the hfe of the project SECTION 7 Santa Monica Municipal Code SectiOn 90408 16060 is amended to read as follows 9.04.08.16.060 Property development standards. All property in the C2 District shall be developed in accordance WIth the following standards (a) Front Yard Setback Landscaping as required pursuant to the provisions of Part 9 04 10 04 The building must comply with bUlld-to-line reqUIrements pursuant to the proviSiOns contained m Section 904 1002050 (b) Maximum Building Height. Two stones, not to exceed thirty feet (c) Maximum Floor Area Ratio. The maxImum floor area ratiO shall be determmed as follows (1) C2 District other than PICO Boulevard 18 Parcel Square Footage 0-- 7.500 7,5001 -- 15,000 15,001 -- 22,500 22,501 and up (2) C2 on PICO Boulevard Parcel Square Footage 0-- 7,500 7.5001 -- 15,000 15,001 -- 22,500 22,501 and up FAR 75 50 45 40 FAR if at Least Thirty Percent of Project is Residential, or if at Least Eighty Percent of the project is a Grocery Store 75 75 65 55 FAR 10 070 060 050 FAR ifat Least Thirty Percent of Project is Residential, or if at Least Eighty Percent ofthe project is a Grocery Store 10 10 085 075 (d) Minimum Lot Size. Seven thousand five hundred square feet Each parcel shall have minimum dimensions of fifty feet by one hundred fifty feet, except that parcels existing on the effectIve date of this Chapter shall not be subject to this requirement (e) Rear Yard Setback. None, except (1) Where rear parcel hne abuts a residential dIstrict, a rear yard equal to 5' + (stones x lot width) . - 50' 19 The requtred rear yard may be used for parkmg or loadmg to within five feet of the rear parcel line provIded the parkmg or loadmg does not extend above the first floor level and provided that a wall not less than five feet or more than six feet in height IS erected and maintamed along the rear commercIal parce1line Access driveways shall be pennitted to cross perpendicularly the required rear yard provided the driveway does not exceed the minimum Width pennitted for the parking area A requtred rear yard shall not be used for commercial purposes (2) That needed to accommodate landscaping and screerung for a rear yard buffer requIred pursuant to the proviSIons of Part 9 04 10 04 (f) Side Yard Setback. None, except (1) Where the mterior side parcel line abuts a resIdential dIStrict, an interior side yard equal to 5' + (stories x lot WIdth) - - 50' The intenor side yard may be used for parkmg or loadmg to within five feet to the mtenor side property line provided the parking or loadmg does not extend above the first floor level and provided a wall not less than five feet or more than SIX feet in heIght IS erected and mamtained along the side commercIal parcel hne A required mterior sIde yard shall not be used for access or for commercial purposes (2) That needed to accommodate landscapmg required for a street sIde yard, landscape buffer and screerung pursuant to the proVIsions of Part 904 1004 20 (3) A ten-foot setback from an intenor property line shall be required for portions of buIldings that contaIn windows, doors, or other opemngs into the Intenor of the building An interior side yard less than ten feet shall be permitted if provisions of the Uniform Building Code related to fire-rated openings in side yards are satisfied (g) Development Review. A Development ReVIew PermIt is required for any development of more than eleven thousand square feet of floor area Square footage devoted to residential use shall be reduced by 50 percent when calculating whether a development reView permit is reqmred SECTION 8 Santa Moruca Murucipal Code Section 90408 16065 18 amended to read as follows 9.04.08.16.065 Deed restrictions. Prior to issuance of a buildIng permit for a project WhiCh, pursuant to this Part, has received a density bonus, or was not subject to a development review permit because the calculatlOn of the reSIdential square footage of the project was reduced by 50 percent, the applicant shall submit, for City review and approval, deed restrictions or other legal instruments settmg forth the obligation of the applicant to maIntain the reSidential use of the project for the hfe of the project SECTION 9 Santa Monica Mumcipal Code Section 9 04 08 18 060 is amended to read as follows 21 9.04.08.18.060 Property development standards. All property in the C3 District shall be developed m accordance with the followmg standards (a) Maximum Building Height. Three stones, not to exceed forty-five feet, except for the following (1) For parcels in the area bounded by 5th Court, 6th Court, Colorado Avenue and WIlshrre Boulevard, the maximum height shall be five stones, SIXty feet, provided, there IS no retail above the first floor and only reSidential uses above the second floor (2) For parcels 10 the area bounded by 6th Court, 7th Court, Colorado Avenue and Wilshire Boulevard and the north side ofWllshlre Boulevard between 2nd Street and 7th Street, the maximum height shall be four stones, fifty feet, provided, there is no retail above the first floor and only reSIdentIal uses above the second floor There shall be no lirnitatlOn on the number of stories of any hotel, detached parkmg structure, or structure contammg at least one floor of reSidential use, so long as the height does not exceed the maximum number of feet permItted m this Section (b) Maximum Floor Area Ratio. 2 0, except that In the area bounded by 5th Court, 7th Court, Colorado Avenue and WllshIre Boulevard, and the area on the north Side of WIlshire Boulevard between 2nd Street and 7th Street, the FAR for commercial square footage shall not exceed 1 5 Floor area devoted to residential uses shall be counted at fifty percent (c) Minimum Lot Size. Seven thousand five hundred square feet Each parcel shall contam a min1mum depth of one hundred fifty feet and a mmimum width of fifty 22 feet, except that parcels existIng on the effective date of this Chapter shall not be subject to this requirement (d) Front Yard Setback. Landscapmg as required pursuant to the provislOns of Part 9 04 10 04 (e) Rear Yard Setback. None, except (1) Where rear parcel Jine abuts a resIdential district, a rear yard equal to 51 + (stones x lot width) . . 50' The required rear yard may be used for parlong or loadmg to WIthIn five feet of the rear parcel line, provided, the parkmg or loading does not extend above the first floor level, and provided, that a wall not Jess than five feet or more than six feet in height IS erected and maintamed along the rear commerCIal parcel line Access driveways shall be permttted to perpendicularly cross the required rear yard, proVided, the dnveway does not exceed the mmimum width permltted for the parking area A required rear yard shall not be used for commercial purposes (2) That needed to accommodate landscaping and screemng for a rear yard buffer required pursuant to the provisions of Part 9 04 10 04 (f) Side Yard Setback. None, except (I) Where the mterior side parcel hne abuts a residential dlstnct, an mterior sIde yard equal to 5' + (stones x lot wIdth) 50' 23 The intenor side yard may be used for parking or loading no closer than five feet to the interior side property line, provided, the parking or loading does not extend above the first floor level, and provided, a wall not less than five feet or more than six feet 10 height IS erected and maintained along the side commercial parcel line A required mtenor sIde yard shall not be used for access or for commercial purposes (2) That needed to accommodate landscapmg requrred for a street side yard, landscape buffer and screening pursuant to the provisions of Part 9 04 1004 (3) A ten-foot setback from an interior property lme shall be required for portions of buildings that contam WIndows, doors or other opemngs mto the mtenor of the buIldmg An mtenor side yard less than ten feet shall be permitted if provisions of the Uniform Buddmg Code related to fire-rated openings in side yards are satisfied (g) Development ReView A development review permlt IS reqUlred for any development of more than thIrty thousand square feet of floor area, except that for apphcations involving the demolition and replacement of an eXlstmg single-purpose grocery store on a parcel which is not adJacent to a reSIdentially zoned district, with a store which has a ffilmmum of twenty-five thousand square feet of floor area, only a net new floor area addinon of more than thIrty thousand square feet shall be subject to development review Square footage devoted to reSIdential use shall he reduced by 50 percent when calculating whether a development review permit is required (h) :Maxnnum Uninterrupted Bmldmg Facade EveI)' one hundred feet ofbuildmg facade at the street frontage shall contain at least one public entrance or other publicly accessible pedestrian-onented use 24 (i) Ground floor street frontage of each structure shall be designed with pedestnan-onentahon in accordance with Section 9 04 10 02 440 of this Chapter SECTION 10 follows Santa Monica MuniCIpal Code SectlOn 9 04 08 18 065 is amended to read as 9.04.08.18.065 Deed restrictions. Prior to issuance of a buildIng permit for a project which, pursuant to tms Part, has received a density or heIght bonus, or was not subject to a development review permit because the calculatlOn of the residentIal square footage of the project was reduced by 50 percent, the applicant shall submit, for City review and approval, deed restrictions or other legal mstruments settmg forth the obhgation of the apphcant to maintain the residential use of the project for the hfe ofthe project SECTION Ii Santa Moruca Municipal Code SectlOn 9 04 08 20 065 is amended to read as follows 9.04.08.20.065 Deed restrictions. Pnor to Issuance of a buildIng permIt for a project WhICh, pursuant to this Part, has received a densIty or height bonus, or was not subJect to a development review permIt because the calculation of the residentIal square footage of the project was reduced by 50 percent, the applicant shall subnut, for City review and approval, deed restrictlOns or other legal instruments settmg forth the obhgatlOn of the applicant to maintain the residential use of the project for the hfe of the project 25 SECTION 12 follows Santa Monica Municipal Code SectIon 9 04 08 20 070 is amended to read as 9.04.08.20.070 Special project design and development standards. (a) Ground floor street frontage of each structure shall be designed with pedestrian onentatlon in accordance With Section 9 04 10 02 440 of trus Chapter and desIgned to accommodate pedestrian-oriented uses to a mmimum depth of fifty feet from the front of the structure (b) A development review permit IS required for any new development of more than thirty thousand square feet of floor area and for any development with rooftop parkmg Square footage devoted to residentIal uses shall be reduced by 50 percent when calculatlllg whether a development reVIew permIt IS required SECTION 13 read as follows 9.04.08.22.060 Property development standards. There shall be no limitation on the number of stories of any hotel, detached SectIon 9 04 08 22 060 of the Santa Monica Municipal Code is amended to parking structure, or structure contaImng at lcast one floor of reSidential use, so long as the height does not exceed the maximum number affeet permitted m this SectIOn All property m the C4 District shall be developed in accordance with the following standards 26 (a) Maximum Height and Floor Area Ratio (1) For parcels m the C4 Dlstnct fronting on Lincoln Boulevard south of the Santa Moruca Freeway, PICO Boulevard between Ocean Avenue and 4th Court, and PICO Boulevard between 7th Street and lIth Street, maximum height shall he two stones, not to exceed thirty feet, and the floor area ratio shall he determmed as follows Parcel Square Footage o -- 7,500 7,501 -- 15,000 15,001 -- 22,500 22,501 and up FAR 10 070 060 050 FAR if at Least Thirty Percent of Project is Residential, or if at Least Eighty Percent oftbe Project is a Grocery Store 10 1 0 085 075 (2) For parcels in the C4 Distnct frontmg on Broadway, Santa Momca Boulevard, and 14th Street between PICO Boulevard and the Santa MOllica Freeway, the maximum he.tght shall be two stories, not to exceed thirty feet, and the floor area ratio shall be determined as follows 27 Parcel Square Footage 0-- 7,500 7,501 -- 15,000 15,001 -- 22,500 22,501 and up FAR 1 5 10 090 080 FAR if at Least Thirty Percent of Project is Residential or Automobile Dealership with CUP, or if at Least Eighty Percent of the project is a Grocery Store 1 5 1 5 1 3 1 15 (3) For parcels in the C4 DIStrict frontIng on Lincoln Boulevard north of the Santa Monica Freeway, the maximum height shall be three stones, not to exceed forty-five feet, and the floor area ratio shall be determined as follows Parcel Square Footage o -- 7,500 7,501 -- 15,000 15,001 -- 22,500 22,501 and up FAR I 5 I 0 090 080 FAR if at Least Thirty Percent of Project is Residential, or if at Least Eighty Percent of the Project is a Grocery Store 1 5 1 5 1.3 1 15 (4) For parcels in the C4 District fronting on FICO Boulevard between 21 st Street and 31st Street, subject to Section 9 040822 060(a)(5), the maximum height shall be two stories, not to exceed thIrty feet, and the floor area ratiO shall be determmed as follows 28 FAR if at Least Thirty Percent of Project is Residential or if at Least Eighty FAR with CUP Parcel Percent of the Pursuant to Square Project is a Section 9.04.08- Footage FAR Grocery Store .22.060(a)(5) 0--7,500 1 5 1 5 20 7,501--15,000 10 1 5 20 15,001--22,500 090 1 3 20 22,501 and up 080 1 15 20 (5) SubJect to the approval of a Conditional Use Penrut, a project on a City- owned parcel m the C4 District frontmg on PICO Boulevard between 21st Street and 31st Street shall be permItted a FAR bonus and a height of three stones, forty-five feet, If the proJect contaInS a full service grocery store having at least five thousand square feet of gross floor area (b) Minimum Lot Size. Seven thousand five hundred square feet Each parcel shall contam a nurumum depth of one hundred fifty feet and a minimum width offifty feet except that parcels eXlstmg on the effective date of thIS Chapter shall not be subject to these reqUirements (c) Front Yard Setback. Landscaping as reqUired pursuant to the provisions of Part 904 10 04 (d) Rear Yard Setback. None, except (1) Where rear parcel hne abuts a reSIdential dlstnct, a rear yard equal to 29 5' + (stories x lot wtdth) . . 501 The reqUIred rear yard may be used for parking or loading to withm five feet of the rear parcel line provided the parking or loading does not extend above the first floor level and provided that a wall not less than five feet or more than six feet in height 15 erected and maintained along the rear commercial parcel line Access driveways shall be permitted to perpendicularly cross the reqUired rear yard provided the dnveway does not exceed the mimmum Width permItted for the parkmg area A required rear yard shall not he used for commercIal purposes (2) That needed to accommodate landscaping and screemng for a rear yard buffer required pursuant to the provislOns of Part 9 04 10 04 (e) Side Yard Setback. None, except (1) Where the mterior side parcel lIne abuts a residentIal dlstnct, an intenor side yard equal to 5' + (stones x lot width) 50' The interior side yard may be used for parkmg or loading to wlthm five feet to the interior Side property lme proVided the parkmg or loading does not extend above the first floor level and provided a wall not less than five feet or more than six feet in height is erected and maintamed along the SIde commercial parcel line A required interior side yard shall not be used for access or for commerCial purposes (2) That needed to accommodate landscaping reqUired for a street SIde yard, landscape buffer and screenmg pursuant to the provisions of Part 9 04 1004 30 (3) A ten-foot setback from an mtenor sIde property line shall be required for portIons of buildings that contalll WIndows, doors, or other opemngs into the intenor of the buildIng An intenor side yard less than ten feet shall he penrutted If provisions of the Uniform Buildmg Code related to fire-rated openmgs in side yards are satIsfied (f) Development Review. A Development Review Perrrut 15 reqUired for any development of more than twenty-five thousand square feet of floor area and for any development With rooftop parking, except that for applicatIOns involvmg the demohtlOn and replacement of an eXlstmg single purpose grocery store on a parcel which is not adJacent to a reSIdentially zoned district, Wlth a store which has a mmimum of twenty-five thousand square feet offloor area, only a net new floor area addihon of more than twenty-five thousand square feet shall be subJect to Development Review Square footage devoted to residential use shall he reduced by 50 percent when calculating whether a development review permit IS reqUired SECTION 14 follows Santa Momca Mumclpal Code SectlOn 9 04 08 22 065 IS amended to read as 9.04.08.22.065 Deed restrictions. Pnor to issuance of a buildmg permit for a proJect which, pursuant to this Part, has received a density or height bonus, or was not subject to a development review permit because the calculation of the residential square footage of the proJect was reduced by 50 percent, the applicant shall submit, for CIty review and approval, deed 31 restnctions or other legal instruments settmg forth the obligation of the apphcant to mamtain the resIdential use of the project for the life of the project SECTION 15 Santa Momca Municipal Code Section 9 04 08 26 060 IS amended to read as follows 9.04.08.26.060 Property development standards. All property m the C6 District shall be developed m accordance With the following standards (a) MaxImum BUlldmg Height Three stones, not to exceed forty-five feet There shall be no limitation on the number of stones of any hotel, detached parking structure, or structure containing at least one floor of reSIdential use, so long as the height does not exceed the maximum number of feet pemutted in this Section (b) Maximum Floor Area Ratio. The maximum floor area ratio shall be determlned as follows Parcel Square Footage 0-- 7,500 7,501 -- 15,000 15,001 -- 22,500 22,501 and up FAR 20 14 12 10 FAR if at Least Thirty Percent of Project is Residential, or if at Least Eighty Percent of the Project is a Grocery Store 20 20 1 75 1 5 (c) Minimum Lot Size Seven thousand five hundred square feet Each parcel shall contam a mimmum depth of one hundred fifty feet and a mmlmum width of fifty 32 feet, except that parcels existing on the effective date of this Chapter shall not be subject to this reqUirement (d) Front Yard Setback Landscaping as fequired pursuant to the provision of Part 9 04 10 04 (e) Rear Yard Setback None, except (1) Whefe fear parcel hne abuts a reSIdential dlstnct, a rear yard equal to 5' + (stories x lot Width) 50' The reqUired rear yard may be used for parkmg or loading to within five feet of the rear parcel hne proVided the pafkmg or loadmg does not extend above the first floor level and provided that a wall not less than five feet or more than six feet m height is erected and mamtained along the rear commercial parcel line Access driveways shall be permttted to cross perpendicularly the required rear yard provided the dnveway does not exceed the minimum Width permitted for the parking area A fequired fear yard shall not be used fOf commercIal purposes (2) That needed to accommodate landscapIng and screerung for a fear yard buffer reqUired pursuant to the proviSIOns of Part 9 04 10 04 (f) Side Yard Setback. None, except (I) Where the mterior Side parcel line abuts a resIdential district, an interior side yard equal to 51 + (stones x lot Width) 50' 33 The interior sIde yard may be used for parking or loading to within five feet to the intenor sIde property line proVided the parkmg or loadmg does not extend above the first floor level and proVided a wall not less than five feet or more than SIX feet is erected and mamtaffied along the side commercial parcel line A reqmred mtenor side yard shall not be used for access or for commercial purposes (2) That needed to accommodate landscaping required for a street side yard, landscape buffer and screenmg pursuant to the prOVisions of Part 9 04 10 04 (3) A ten-foot setback from an intenor property bne shall be required for portions of buildings that contain windows, doors, or other openings mto the mterior of the bmlding An intenor SIde yard less than ten feet shall be permitted if provisions of the Uniform Budding Code related to fire-rated opemngs in side yards are satisfied (g) Development Review. A Development Review PermIt IS required for any development of more than thirty thousand square feet of floor area and any development WIth rooftop parking, except that for apphcations mvolving the demolition and replacement of any existmg smgle purpose grocery store on a parcel which IS not adjacent to a residentlally zoned dIstnct, with a store which has a minimum of twenty-five thousand square feet of floor area, only a net new floor area addItion of more than thirty thousand square feet shall be subject to Development Review Square footage devoted to reSIdential use shall be reduced by 50 percent when calculatmg whether a development reVIew permit is reqmred 34 SECTION 16 Santa Momca MumcIpal Code SectIon 9 04 0826065 IS amended to read as follows 9.04.08.26.065 Deed restrictions. Prior to issuance of a bmlding permit for a project which, pursuant to this Part, has received a density or heIght bonus, or was not subJect to a development reView permit because the calculation of the reSIdential square footage of the proJect was reduced by 50 percent, the apphcant shall submit, for City reView and approval, deed restrictions or other legal mstruments setting forth the obligahon ofthe applicant to mamtam the residential use of the proJect for the life of the project SECTION 17 follows Santa Momca MumcIpal Code SectIon 9 04 08 28 060 IS amended to read as 9.04.08.28.060 Property development standards. For purposes of property development standards, there shall be three zoning classIfications WithIn the CM distnct CM-2, CM-3 and CM-4 All property in the eM DIstrict shall be developed m accordance with the followmg standards (a) Maximum Building Height and FAR. Maximum bUlldmg height, number of stories and floor area ratIO shall be detennined as follows (1) For parcels with frontage on Second Street, and which abut residentially zoned property on at least one side yard, for that area Within one hundred feet of Second Street maxJ.mum buddmg height, number of stories, and floor area ratio shall be 35 l\fax. Height 27' Max. No. or Stories 2 Max. FAR 8 Max. FAR if30% of the Project is Residential 1 0 (2) For all other parcels m the CM Dlstnct, maximum bUIldmg height, number of stones and floor area ratio shall be Max. Max. MaL Height No. Of FAR Stories CM-2 27' 2 1 5 CM-3 35' 3 20 CM-4 35' 3 20 (3) Notwlthstanding the above, property m the CM-4 Distnct may be developed to a maximum height of forty-seven feet, four stones and a 2 5 FAR, proVided the following conditions are met (I) The fourth floor does not exceed more than fifty percent of the third floor footprint, (11) The fourth floor is set back a minimum often feet from the third floor street frontage(s), (111) The fourth floor IS set back a mmrrnum offive feet from the tmrd floor side and rear yard building frontages, (iv) The fourth floor setback at the street frontage is devoted to a roof garden or unenclosed terrace, (v) The development includes residential uses equal to or exceeding the floor area of the fourth floor, 36 (vi) The front yard setback at the ground floor level is double that required pursuant to subsection (b) of this Sectlon (4) There shall be no limitatlOn on the number of stories of any structure whose floor area contains fifty percent or more resldenual uses as long as the height does not exceed the maxunum number of feet penrutted m the zoning classificatlOn of the CM District in which It is located, or as allowed by Section 9.04 10 14 030(a) of this Chapter For purposes of calculatmg the FAR of any structure wlthin the CM DIstrict, multI-residential units devoted stnctly to apartment residentIal uses shall be computed at one-half the actual total floor area (b) Front Yard Setback. (1) For parcels with frontage on Second Street and winch abut residentially zoned property on at least one side yard, on that portlOn of the parcel located withm seventy-five feet of Second Street, the front yard setback shall be twenty feet or fifteen feet if the average setback of adjacent dwelling(s) is fifteen feet or less A one- story, covered or uncovered porch, open on three sIdes may encroach six feet into a front yard With a twenty-foot setback, lfthe roof does not exceed a heIght offourteen feet and the porch width does not exceed forty percent of the bUilding width at the front of the budding (2) For all other parcels in the eM District, a front yard shall be provided in accordance With Part 9 04 10 04 of this Code ( c) Rear Yard Setback. A rear yard shall be prOVIded and mamtained Said yard shall have a minimum depth as follows 37 (1) CM-2 District, East of the Centerline of Main Street. No rear yard shall be required for one-story structures and for the first floor of a two-story structure, provided that any portion of the first floor which IS wit Inn five feet of the rear property line is not more than nine feet in height and IS fully enclosed, ie, without windows, doors or ventIlation openmgs permtttmg VIsual access to adjOining residential property Any portlOn of the first floor that either exceeds rune feet m height or is not fully enclosed shall be at least five feet from the rear property hne The mmimum rear yard requirement for the second-story portion of a two-story structure shall be twenty feet (i) Use of Rear Yard. Commercial use in the reqUITed fear yard is not penmtted Noncommercial uses and parkmg are permitted in the rear yard to the rear property Ime on the ground level (u) Use of Roof in Rear Yard. No portion of the first-floor roofWlthin fifteen feet of the rear property hne may be used for any purpose other than access for bmldmg maintenance and repaIr The remaimng setback area may be pnvately used (not open to the pubhc) If enclosed with a sohd six-foot barner (iii) Exception. There shall be no rear yard setbacks reqmred where existing parking improvements and common ownership extend through to Second Street (2) CM-2 District, West ofthe Centerline of Main Street. No rear yard shall be required for a one-story structure, proVided that any portion of the first-floor structure winch is withm five feet of the rear property line does not exceed mne feet m height Any pOl11on of the first floor that exceeds nine feet in heIght shall be at least 38 five feet from the rear property hne The minimum rear yard reqUirement for the second story of a two-story structure shall he five feet (3) CM-3 District. Rear yard requlfements in the CM-3 DIstrict shall be the same as those requlfed m the CM-2 District, west of the centerline of~fain Street, for one and two story structures A minimum fifteen-foot rear yard setback for any portion of a third story is required (4) Cl\I-4 District. No rear yard setback IS reqUlred except as may be required in subsection (a) of thIS SectiOn (d) Side Yard Setback. None, except where the mtenor SIde parcel hne abuts a reSIdential district In those cases, an Interior Side yard shall be provided equal to 51 + (stones ' lot width) , . 50' On lots of less than fifty feet m WIdth, the SIde yard shall be ten percent of the parcel width but not less than five feet (e) Development Review. A development reView permIt is required for any development of more than eleven thousand square feet of floor area Square footage devoted to residential use shall be reduced by 50 percent when calculating whether a development review permit is reqUired SECTION 18 Santa Monica MuniCipal Code Sectlon 9 04 08 28 065 IS amended to read as follows 39 9.04.08.28.065 Deed restrictions. Prior to issuance of a building permit for a proJect WhiCh, pursuant to this Part, has receIved a densIty or height bonus, or was not subJect to a development review permit because the calculatlOn of the reSIdential square footage of the project was reduced by 50 percent, the applicant shall submit, for City review and approval, deed restrictions or other legal instruments settmg forth the residenual use reqUirements for the project Such restrictions shall be effective for the hfe of the proJect the obhgation of the apphcant to rnamtain the reSIdential use of the project for the life of the project SECTION 19 Santa Monica Municipal Code SectIon 9 04 08 30 060 is amended to read as follows 9.04.08.30.060 Property development standards. All property In the CP Dlstnct shall be developed in accordance with the followmg standards unless otherwise proVided in the Hospital Area Speclfic Plan (a) l\faximum Building Height. Maximum buildmg height, number of stones, and floor area ratlO shall be determined as follows Table 9.04.08.30.060 Max. Height Max. No. of Stories Max. FAR \Vith Approval of a Development Review Permit Max. Max. No. Max. Height of Stories FAR CP3 CP5 45' 45' 3 3 1 5 1 5 70' 5 25 40 There shall be no linutation on the number of stories of any hotel, detached parking structure or Affordable Housing Project as long as the height does not exceed the maximum number of feet permltted in tills Section or as aUowed by Section 904 10 14 030(a) of this Chapter (b) The main hospital campus of Samt John's Hospltal and Health Center shall be divided mto two parcels for purposes of calculating FAR Parcel A - Lot 13, Block 3, Orchard Tract, Parcel B - Lots 4-29, Tract No 4618 and Lots 1,2 and 3, Tract No 7764 (c) Parking structures developed in the CP Dlstnct m which at least half of the spaces are provided to address an eXlstmg parking space defiCIency or are replacing existing parkmg shall not be subject to FAR limitations, but shall be required to meet all other development standards for the area (d) l\1inimum Lot Size. Seventy-five hundred square feet Each parcel shall contain a nummum depth of one hundred fifty feet and a minimum width of fifty feet, except that parcels on the effectIve date of this Chapter shall not be subject to this requlfement (e) Front Yard Setback. As shown on the Official DIstnctmg Map of the City, or, If no setback is speCified, twenty feet (f) Rear Yard Setback. None, except (1) Where rear parcel line abuts a reSidential district, a rear yard equal to 51 + (stone$ x lot width) 50' 41 The required rear yard may be used for parkmg or loading to Within five feet of the rear parcellme proVlded the parking or loading does not extend above the first floor level and provided that a wall not less than five feet or more than six feet m height IS erected and maIntaIned along the rear commercial parcel line Access driveways shall be permitted to cross perpendicularly the required rear yard provided the driveway does not exceed the ffilmmum width permltted for the parking area A reqUired rear yard shall not he used for commercial purposes (2) That needed to accommodate landscapmg and screening for a rear yard buffer required pursuant to the prOVisions of Part 9 04 10 04 (g) Side Yard Setback. None, except (1) Where the mterior SIde parcel line abuts a residential dlstnct, an intenor Side yard equal to 51 + (stones x lot Width) 50' The interior side yard may be used for parking or loadmg no closer than five feet to the interior side property line provided the parkIng or loading does not extend above the first floor level and provided a wall not less than five feet or more than six feet in heIght IS erected and maintaIned along the Side commercial parcel line A reqUlred Intenor side yard shall not be used for access or for commercIal purposes (2) That needed to accommodate landscaping required for a street side yard, landscape buffer and screerung pursuant to the proviSIOns of Part 904 1004 42 (3) A ten-foot setback from an intenor property hne shall be required for portIons of buIldings that contaIn wmdows, doors, or other openmgs mto the Interior of the bmldmg An mtenor Side yard less than ten feet shall he pefffiltted lfproVlsions of the Uniform BuildIng Code related to fire-rated operungs In side yards are satisfied (h) Development Review. A Development Review Permit is required for any development of more than twenty-two thousand five hundred square feet offloor area, for any development With rooftop parking, and to heights and floor area ratios m Section 9 04 08 30 060(a) Square footage devoted to residential use shall be reduced by 50 percent when calculatmg whether a development review pefffilt IS required (I) All new commercial development In thIS Dlstnct shall proVIde free employee parking and a minimum one hour free Vlsltor parking unless a preferential parking zone eXIsts or IS estabhshed III the area of the development and the City finds that the preferentIal parking dlstnct will adequately mitigate potential adverse on-street parkmg impacts of the development, or If otherwise proVided In the HospItal Area Specific Plan SECTION 20 Section 9 04 08 30 065 is hereby added to the Santa Momca Municipal Code to read as follows 43 9.04.08.30.065 Deed restrictions. Pnor to issuance of a buildmg pefffilt for a project wmch, pursuant to this Part, has received a density or height bonus, or was not subject to a development feview permit because the calculatIOn of the residentIal square footage of the proJect was reduced by 50 percent, the applicant shall subffilt for City review and approval, deed restrictions Of other legal instruments setting forth the obligation of the apphcant to maIntalO the fesidentlal use of the project for the life of the project SECTION 21 Any provision of the Santa Monica Mumcipal Code or appendices thereto inconSIstent with the proviSions of thiS Ordmance, 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 22 Ifany sectIOn, subsectiOn, sentence, clause, or phrase of this Ordinance IS for any reason held to be invalid or unconstttutional by a decision of any court of competent jurisdiction, such decision shall not affect the vahdlty of the remaInmg portions OfthlS Ordmance 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 unconstItutlOnal Without regard to whethef any portion of the ordInance would be subsequently declared invalid or unconstitutional 44 SECTION 23 The Mayor shall slgn and the CIty Clerk shall attest to the passage of this Ordinance The City Clerk shall cause the same to be published once m the offiCial newspaper withm 15 days after Its adoption This Ordmance shall become effective 30 days from its adoption APPROVED AS TO FORM ~ . - ff~t Ll.}0u r;> A~-k-L{' ~SHA JONES MOUTRIE City Attorney 45 L~~ Robert Holbrook, Mayor State of CalifornIa ) County of Los Angeles) ss Cny of Santa Moruca ) I, Mana M Stewart, CIty Clerk of the Cny of Santa Momca, do hereby cerhfy that the foregomg Ordmance No 1927 (CCS) had Its first readmg on October 27.1998 and was adopted on November 10. 1998 by the follow"lng vote Ayes CouncIl members Femstem, Genser, Holbrook. O'Connor, Rosenstem Koes CouncIl members ~one Abstam CouncIl members Ebner Absent CouncIl members None ATTEST ---~ ~ Mana M Stewart. Clty~