SR-11-A (35)
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council Mtg: September 25, 1990
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TO: Mayor and city Council
,.-
Santa Monica, California
FROM: City Staff
SUBJECT: Recommendation to Direct City Attorney to Prepare an
Ordinance Approving Text Amendment 89-001 to Facilitate
Housing Development in the Commercial Areas of the
City. Applicant: Community corporation of Santa
Monica (CCSM)
SUMMARY
This report recommends modification of Municipal Code Section
9018.6 regarding FAR standards in the C3 District, and Section
9050*11, regarding Performance Standards for residential units in
commercial zones.
The proposed amendment to Section 9018.6 (b)
would apply to the C3 zone FAR standard.
The amendments to
Section 9050.11 would apply to commercial zones throughout the
city where a Performance Standards Permit (PSP) is required for
residential units to be developed, including: C2 (Neighborhood
Commercial District) i C3 (Downtown Commercial District) i C3-C
(Downtown Overlay District); C4 (Highway Commercial District);
C6
(Boulevard
Commercial
District);
and
CP
(Commercial
Professional District. The proposed amendments have been reviewed
by the Planning Commission and recommended for approval.
PROPOSED PROJECT
Two of the three text amendments were proposed by CCSM in
response to design issues encountered in development of two
Single Room occupancy (SRO) affordable housing projects on Second
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11--14
or-peT~, ~Q~90
street in the city's downtown. One of the projects is currently
under environmental review; application for the second project is
pending. Another text amendment is being proposed by staff as an
add-on to CCSM's amendment of the PSP section of the code and is
supported by CCSM, although it would have no effect on the two
Second street projects.
The first of the proposed text amendments would involve the
modification of section 9018.6(b) (SMMC) of the C3 Property
Development Standards section. The purpose of the proposed Text
Amendment is to permit an FAR of 3.0 if at least 50% of the floor
area of the project is restricted to residential uses, and not
less than 49% of the units are deed restricted for low and
moderate-income households. The FAR otherwise permitted in the
C3 district is 2.0. An FAR of 3.0 is allowed in the C3 district
by Section 9040.40 "upon approval by the city Council of specific
review criteria.1I The amendment would provide such criteria.
The second text amendment to Section 9050.11(a) of the
Performance Standards section of the code is one proposed by
staff. The amendment would delete language prohibiting ground
floor locations for residential units in commercial zones, and
substitute a requirement that any such units be located at least
50 feet from the ground floor street front.
The third text amendment, which is proposed by CCSM, would delete
Section 9050.11 (i) of the Performance Standards section of the
code. The amendment would delete requirements that any
residential units be located an average of 10 feet and a minimum
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of 5 feet from any property line. As originally requested, the
amendment would have simply deleted the 5 foot minimum
requirement and retain the 10 foot average requirement, but the
Planning commission recommended that the entire section be
deleted, since the Uniform Building Code contains standards
governing provision of light and air to residential units which
the Commission felt were adequate. Staff supports the
Commission's action.
CEQA STATUS
The proposed Text Amendments are categorically exempt from the
provisions of the California Environmental Quality Act pursuant
to Class 5(10) of the Santa Monica Guidelines for Implementation
of CEQA.
ANALYSIS
The Zoning Ordinance contains several II bonus II provisions to
encourage and facilitate housing development. For example, in
the C3C zone, an FAR of 2.5 is permitted, but floor area devoted
to residential uses can be discounted at 50%. In the C3 zone,
which one of the amendments would affect, an FAR of 2.5 is
permitted in the area bounded by 6th and 7th streets between
Santa Monica Boulevard and Broadway, if at least 50% of the
project is restricted to residential uses.
The proposed amendment to the C3 FAR standard would allow an FAR
of 3.0 if at least half the project is residential, and if at
least 49% of the units are deed restricted for low and moderate
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income households. This increase in FAR appears to be a logical
progression from the 2.5 FAR allowance in part of the C3 zone for
simply providing a proj ect which is 50% residential. The text
amendment is consistent with the City's goal of encouraging
housing development, and particularly affordable housing
development in the commercial districts.
Two amendments are proposed to the Performance standards section
of the Code concerning development of residential units in
commercial zones. The first of these would allow residential
units to be located on the ground floor in these zones, as long
as the units were not closer than 50 feet to the ground floor
street front of the parcel. The present prohibition against
ground floor units makes development of mixed use projects which
are predominantly residential problematic--particularly for
larger sites. For example, several prospective developers of
primarily residential projects on a large site on Pico Boulevard
would have been forced to develop the ground floor entirely with
commercial uses, when their preference would have been street
front commercial, with interior ground floor areas in residential
use. The proposed amendment would preserve the commercial
integrity of the streets-fronts in affected districts, while
facilitating residential development away from the street front.
The final proposed text amendment regards setback requirements
for residential units permitted via PSP. Presently, Section
9050.l1(i) requires that residential units be setback an average
of 10 feet, but no less than 5 feet from all property lines. The
amendment would delete these requirements I and setbacks would
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simply have to conform to provisions of the Uniform Building Code
regarding provision of light and air to residential units. The
present requirement assumes that side setbacks are the most
appropriate method of assuring adequate light and air for
residential units in commercial zones. However, in some
situations, this requirement is not ideal given the location and
size of adjacent structures. For example, one of the CCSM
projects would be located immediately adjacent to a city parking
structure, which will tower over the CCSM housing project. In
such a situation, central court areas or light wells may be more
appropriate than rigid 5- and lO-foot setbacks around the
perimeter of the proj ect. Thus, the proposed amendment would
allow greater flexibility in design solutions for residential
projects in commercial zones. The Uniform Building Code requires
that at least ten percent of the space in habitable rooms be
provided light and air via windows, light wells, and other means.
Planning commission Action
On August 1, 1990 the Planning Commission conducted a pUblic
hearing on the proposed text amendments. All of the public
speakers favored the amendments. The Planning Commission
approved the proposed amendments, making the one change to the
setback requirements discussed above. The Commission is
recommending that the Council approve the amendments.
Text Amendment Procedures
The procedures
specified under
for the processing of
SMMC section 9120.4.
Text Amendments are
If, from the facts
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presented, the Council finds that lithe proposed amendment is
consistent in principle with the goals, objectives, policies,
land uses, and programs specified in the General Plan" and that
lithe public health, safety, and general welfare require the
adoption of the proposed amendment," the Council may approve the
amendments.
The city Council may, by Ordinance, effect the
amendment or any portion thereof.
CONCLUSION
The proposed Text Amendments are intended to facilitate housing
development in the commercial areas of the city, as well as
affordable housing, which is consistent with the goals of the
Housing Element.
BUDGET/FINANCIAL IMPACT
The recommendations of this staff report would have no budget or
financial iIDpacts.
RECOMMENDATION
It is recommended that the city Council approve the amendments
with the following findings, and direct the city Attorney to
prepare an ordinance amending the relevant sections of the Zoning
ordinance:
(a) The proposed amendments are consistent in principle
with the goals, objectives, policies land uses, and pro-
grams specified in the adopted General Plan in that the
city's adopted 1987 version of the Housing Element has
numerous policies and objectives promoting housing
development, with a particular emphasis on affordable
housing. For example, a key goal is to "Promote the con-
struction of new housing"; and one of the Element's poli-
cies is to II Encourage and create incentives for the
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development of housing in commercial zones..." Develop-
ment of affordable housing is also of prime import, as
expressed by the committment to "Maintain and increase the
supply of housing affordable to low- and moderate-income
persons."
(b) The public health, safety, and general welfare require
the adoption of the proposed amendments, in that the
amendments will facilitate the development of affordable
housing projects in the C3 zone as well as mixed-use proj-
ects in the commercial zones of the city, which is antici-
pated to result in more efficient use of resources through
reduced reliance on the automobile for transportation,
since the units will be located in commercial areas with
ample public transportation, and within walking distance
to shopping and employment opportunities.
Prepared by: D. Kenyon Webster, Senior Planner
David Martin, Associate Planner
Attachments: Proposed amendements
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September 18, 1990
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PROPOSED AMENDMENTS TO SECTIONS 9018.6 AND 9050.11
section 9018.6 shall be amended to read as follows:
Section 9018.6. property Development Standards. All property in
the C3 District shall be developed in accordance with the
following standards:
(a) Maximum Building Height. Three stories, not to exceed 45
feet except that in the area bounded by 6th and 7th street
between Santa Monica Boulevard and Colorado Avenue, the maximum
height may be 4 stories, 56 feet provided 50% of the project is
restricted to residential uses. There shall be no limitation on
the number of stories of any hotel, residential structure, or
detached parking structure, so long as the height does not exceed
the maximum number of feet permitted in this section.
(b) Maximum Floor Area Ratio. 2.0, except that the area
bounded by 6th and 7th street between Santa Monica Boulevard and
Colorado Avenue, 2.5 provided 50% of the project is restricted to
residential uses. A floor area ratio of 3.0 shall be permitted
if at least 50% of the floor area of the project is restricted to
residential uses, and not less than 49% of the new residential
units are deed restricted for occupancy by low and moderate
income households as defined in Municipal Code section 9421.
(c) Minimum Lot Size. 7,500 square feet. Each parcel shall
contain a minimum depth of 150 feet and a minimum width of 50
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 required pursuant to
the provisions of Subchapter SB.
(e) Rear Yard Setback. None, except:
(1) Where rear parcel line abuts a residential district, a
rear yard equal to:
51 + (stories x lot width)
501
The required rear yard may be used for parking or loading to
within 5 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 5 feet or more than 6 feet in height is
erected and maintained along the rear commercial parcel line.
Access driveways shall be permitted to perpendicularly cross the
required rear yard provided the driveway does not exceed the
minimum 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
Subchapter 5B.
(f) Side Yard Setback. None, except:
(1) Where the interior side parcel line abuts a
residential district, an interior side yard equal to:
51 + (stories x lot width)
50'
The interior side yard may be used for parking or loading no
closer than 5 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 5 feet or more than 6
feet in height is erected and maintained along the side
commercial parcel line. A required interior side yard shall not
be used for access or for commercial purposes. That needed to
accommodate landscaping required for a street side yard,
landscape buffer and screening pursuant to the provisions of
Subchapter SB.
(3) A 10 foot setback from an interior property line shall
be required for portions of buildings that contain windows,
doors, or other openings into the interior of the building. An
interior side yard less than 10 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 30,000 square feet of
floor area and for any development with rooftop parking.
Section 9050.11 shall be amended to read as follows:
Section 9050.11. Residential Uses in Commercial Districts.
The purpose of this section is to ensure that residential uses in
commercial districts are not adversely impacted by adjacent
commercial uses. Residential units are desired by residents of
this City because of their convenience and the environment they
create. However, the potential traffic, noise, and safety
impacts of this use require that special regulations be imposed
in the interest of nearby businesses and the residents of the
housing units. The following special conditions shall apply to
residential units in commercial districts:
(a) Location. The residential units shall not be located on
the ground 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
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(b) Access. The residential units shall have a separate and
secured entrance and exit that is directly accessible to the
parking.
(c) Parking. Residential use parking shall comply with
Subchapter 5E. 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. However,
at least one parking space for each residential unit shall be
provided at all times, clearly marked for residential use only,
and shared use of this space shall not be permitted.
(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
9040.27.
(f) Design. 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. Landscaping shall be used to minimize
traffic noise with the possibility of creating unique rooftop
gardens overlooking the streets.
(h) Refuse storage and Location. The residential units shall
maintain a separate refuse storage container separate from that
used by the commercial and manufacturing business. It shall be
clearly marked for residential use only and use by commercial and
manufacturing businesses is prohibited.
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