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SR-400-005 (10) PCD:SF:JT:AS:JL:TK:f:\plan\share\council\strpt\2003\03TA-012.DR Thresholds.doc Council Mtg: December 9, 2003 Santa Monica, California TO: Mayor and Councilmembers FROM: City Staff SUBJECT: Introduction And First Reading Of An Ordinance Amending Santa Monica Municipal Code Sections 9.04.08.12.060(h), 9.04.08.14.060(g), 9.04.08.16.060(g), 9.04.08.22.060(f), 9.04.08.24.060(g), 9.04.08.26.060(g), 9.04.08.28.060(e), 9.04.08.30.060(h), 9.04.08.34.060(g), and 9.04.08.35.050(i) To Modify Development Review Thresholds And Adding Section 9.04.10.14.050 To Exempt Certain Housing Projects From The Modified Development Review Thresholds. INTRODUCTION This report recommends that the City Council introduce for first reading an ordinance modifying the Zoning Ordinance to reduce the Development Review Thresholds in the RVC, BCD, C2, C4, C5, C6, CM, CP, M1 and LMSD Districts and exempt certain affordable housing projects including certain mixed-use projects from the modified Development Review thresholds. The proposed ordinance is included with this report as Attachment A. BACKGROUND On November 28, 2000, the City Council adopted an emergency interim ordinance, Ordinance Number 1991 (CCS), which modified the Development Review thresholds in the RVC, BCD, C2, C4, C5, C6, CM, CP, M1, and LMSD districts to 7,500 square feet. This allowed for discretionary review of projects over 7,500 square feet and, therefore, enhanced public participation. On February 13, 2001, the City Council adopted Ordinance Number 1999 (CCS) extending the interim ordinance for a period of three 1 years to provide staff with additional time to implement a permanent ordinance. Ordinance Number 1999 (CCS) will expire on February 12, 2004. On October 15, 2003, the Planning Commission adopted a Resolution of Intention authorizing staff to prepare this text amendment in accordance with the City Council’s direction. The Planning Commission reviewed the proposed text amendment on November 5, 2003. While the Planning Commission recommended ordinance approval to the City Council, consideration of the ordinance prompted a larger discussion concerning affordable housing in the City, and specific remarks regarding the proposed housing exemptions in the ordinance. Further analysis of the Planning Commission’s comments is provided later in this report. A copy of the staff report is contained in Attachment C. ANALYSIS Development Review Thresholds A Development Review permit is intended to allow the construction of certain projects for which the design and siting could result in an adverse impact on the surrounding area. Projects subject to a Development Review permit typically have greater floor area, building height, and intensity of uses than other improvements in the area. A Development Review permit allows for the review of the location, size, massing, and placement of a proposed structure, particularly as the project relates to the existing improvements and neighborhood context. The City’s Zoning Ordinance establishes by zoning district square footage thresholds for Development Review permits based upon 2 the floor area of a project. A project that requires a Development Review permit is subject to public review by the Planning Commission, with appeal to the City Council, whereas a project below the Development Review permit threshold can be administratively approved. The existing interim ordinance that lowers the Development Review thresholds in the RVC, BCD, C2, C4, C5, C6, CM, CP, M1, and LMSD districts was a result of concerns regarding the administrative approvals of specific projects. Because these projects were administratively approved, residents and members of the business community did not have the opportunity to express concerns through a discretionary review process. These concerns relate to projects adjacent to residential areas that are significantly out of scale with the adjoining neighborhoods and that create significant adverse impacts on these neighborhoods such as noise, traffic, parking, aesthetic, privacy, light and air, and shade and shadow. The ministerial nature of the approval process has resulted in the City’s inability to mitigate or address these impacts. PLANNING COMMISSION ACTION On November 5, 2003 the Planning Commission reviewed the proposed text amendment and unanimously recommended approval to the City Council. Although the Planning Commission generally supported the draft ordinance, some Commissioners expressed concern that the lowered thresholds could have unintended consequences. Specifically, there was concern that the proposed ordinance would encourage a pattern of development along the commercial corridors that consisted of one story commercial 3 buildings and limited residential development. A number of projects were cited as examples of this type of development, but only one of which was built during the interim ordinance period. The Planning Commission also discussed its desire to further study ways to offer incentives to encourage more affordable housing projects throughout the City, and one Commissioner questioned the appropriateness of residential development along commercial corridors. Generally, the Planning Commission expressed interest in expanding affordable housing in the commercial corridors and sought to encourage the production of more on-site affordable housing opportunities throughout the City. The Commission acknowledged that this expanded analysis should occur outside the scope of the Development Review thresholds ordinance. The Planning Commission received one letter regarding the proposed ordinance, which is included with this report as Attachment D. The correspondence recommends two modifications that allow greater flexibility to the exemption provisions of the ordinance. The interim ordinance exempts the following projects from the Development Review requirement in the subject zoning districts: ? Projects that contain a minimum of 80% of floor area devoted toward multi-family uses with 10-15% of those units deed restricted for moderate or low-income households provided on-site. ? Affordable housing projects. ? Projects located in the C2 and CM zones that require pedestrian-oriented uses and where such uses exceed 20% of the total floor area of the project, provided the maximum percentage allowed by Code is dedicated toward multi-family uses. 4 It was suggested in the letter that projects also be exempt from the Development Review thresholds if, consistent with the first exemption, a developer provides off-site housing instead of on-site housing. Also recommended was a provision to allow flexibility with regard to the 80% residential floor area minimum as a way to encourage more mixed use developments. Staff supports the suggestion to exempt projects that provide off-site housing consistent with applicable municipal regulations. Allowing developers an opportunity to secure off- site affordable housing is consistent with current practice and procedures already provided for in the Municipal Code. Projects qualifying under this exemption would be required to construct affordable housing units in close proximity to the project site and will result in units being provided. Since off-site housing must be identified prior to approval of a market rate development, the affordable units will be available at the same time market rate units are ready to occupy. While some Commissioners believed the off-site provision was beneficial, majority members supported no modification as a way to encourage more on-site affordable housing units inter-mixed with market rate units. Staff has modified the proposed ordinance to include the off-site affordable housing exemption. The second point in the letter suggests that the 80% residential requirement provided in the exemption discourages housing and mixed use projects. It is recommended in the letter that the flexibility afforded to the C2 and CM districts be extended to each of the subject zoning districts. The reason for allowing greater flexibility in these two districts is 5 to account for a provision requiring pedestrian-oriented uses at the ground floor. This same standard does not exist in any other district. The argument made to change the percentage focused on the desirability to encourage mixed use development in the subject commercial districts by allowing greater commercial floor area. The letter notes that no applicant has taken advantage of the mixed use exemption. The issue of residential or mixed use projects is best addressed through the development standards and not the process for project review. Staff believes this would be best evaluated through a broader analysis that considers a variety of incentives to expand mixed use development. PROPOSED ORDINANCE The proposed text amendment includes amending Zoning Ordinance Sections 9.04.08.12.060(h), 9.04.08.14.060(g), 9.04.08.16.060(g), 9.04.08.22.060(f), 9.04.08.24.060(g), 9.04.08.26.060(g), 9.04.08.28.060(e), 9.04.08.30.060(h), 9.04.08.34.060(g), and 9.04.08.35.050(i) to modify Development Review thresholds in the RVC, BCD, C2, C4, C5, C6, CM, CP, M1, and LMSD districts, respectively, to 7,500 square feet and adding Section 9.04.10.14.050 to exempt certain affordable housing projects including certain mixed-use projects from the modified Development Review thresholds. Currently, the City’s Development Review thresholds range from 11,000 square feet to 30,000 square feet in floor area, depending on the zoning district. The Development Review thresholds in the downtown area, specifically in the BSC, C3, and C3C districts, are not included in the proposed text amendment as they will be addressed along with the pending Downtown Design Guidelines. The current 6 Development Review threshold in these districts is 7,500 square feet. In addition, Ordinance Number 2040 (CCS) previously reduced the Development Review threshold within the C2 district along Montana Avenue to 5,000 square feet. This interim ordinance is due to expire on February 27, 2004 and will also require further analysis and review prior to adoption of any permanent standards. Reducing the Development Review threshold to 7,500 square feet would require discretionary review and provide the opportunity for public participation. The Administrative Approval process would only be eligible for small scale developments. Such development would generally be compatible in scale with nearby multi-family developments and is also consistent with the scale of existing older developments. ANALYSIS OF PROPOSED ORDINANCE Staff reviewed approved and pending applications outside the downtown area to evaluate development trends in the three years preceding and after adoption of the interim standards. Particularly noteworthy was that the number of administrative and discretionary applications both before and after the interim ordinance remained fairly constant. There was no obvious shift such as a decrease in administrative approval applications and an increase in discretionary applications. Since the interim ordinance was adopted, on average, there has been approximately 40,000 square feet less commercial floor area produced each year and three less market rate housing units produced. Only two projects that previously would have been administratively approved required a Development Review permit and environmental analysis. No project in any of 7 the subject zoning districts qualified under the interim exemption provisions. Although not directly attributable to the interim ordinance, the amount of affordable housing units for each three-year period increased from 13 to 129 units. Based on the above information, the lowered threshold and proposed exemptions do not appear to promote a particular pattern of development along the commercial corridors or adversely impact housing. Whether the exemptions should be changed to allow more commercial uses and therefore encourage more mixed use and housing developments remains a policy consideration for the City Council. The proposed ordinance would have some on-going impact to processing times and applicant costs since the discretionary review process is lengthier and permits more costly than administrative projects. However, in studying development trends over the last six years outside the downtown area, staff found that the number of applications processed prior to and since adoption of the interim ordinance has remained relatively constant. The Planning Commission saw two additional projects due to the ordinance which required additional staff effort to prepare environmental review. Given this development permit pattern, staff does not believe the proposed ordinance will unduly impact the amount of development. Instead, the ordinance will modify the development process. The proposed ordinance continues to offer incentives to encourage residential development. For instance, residential projects would be eligible for floor area ratio 8 bonuses or discounted residential floor area for the purpose of calculating the total floor area ratio. Additionally, in determining whether a development review permit is required for new development, floor area devoted to residential uses will continue to be discounted by fifty percent (50%). Thus, even with the proposed changes, residential development up to 15,000 square feet on a typical lot could be approved administratively. The proposed text amendment would also exempt certain housing projects from the modified Development Review thresholds. These exempt projects and the reduction of the development review thresholds would not alter the City’s substantial commitment to promoting residential uses in non-residential zoning districts. Residential development in all of the City’s commercial districts would still be authorized. Thus, residential development could still occur in over 80% of the City’s acreage. In addition, allowing for off-site affordable housing units to be included in projects that are exempt from the Development Review thresholds would likely encourage housing development, particularly affordable housing units. CONCLUSION Currently, the Zoning Ordinance requires Development Review permits for projects ranging from eleven thousand to thirty thousand square feet, depending on the zoning district. The proposed amendment would reduce the Development Review threshold in the RVC, BCD, C2, C4, C5, C6, CM, CP, M1, and LMSD districts to 7,500 square feet. Affordable and market rate housing projects, including mixed use projects that contain 9 at least 80% of the floor for residential uses, and a percentage of affordable housing units located on or off-site, would be exempt from the Development Review thresholds. The lower thresholds would expand public review opportunities for some projects, but could moderately increase the Planning Commission’s case load and require staff resources to prepare environmental impact reports. Further, the time and cost associated with the Development Review permit process would likely factor into a developer’s decision to proceed with a project or propose a project that could be administratively approved. CEQA STATUS The proposed ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State Implementation Guidelines in that CEQA applies only to projects having the potential to cause a significant effect on the environment. The proposed reduction in development review thresholds does not have this potential. Rather, the proposed amendment will expand the number of projects subject to discretionary review and evaluated pursuant to CEQA, while enhancing the public review process. PUBLIC NOTIFICATION Pursuant to Municipal Code Sections 9.04.20.22.050, notice of the public hearing was published in the California section of the Los Angeles Times newspaper at least ten consecutive calendar days prior to the hearing. Notice of the hearing was also sent to 10 all neighborhood organizations, the Planning Commission, and posted on the City’s web site. A copy of the notice is contained in Attachment B. BUDGET/FINANCIAL IMPACT The recommendation presented in this report has no budget or fiscal impacts. RECOMMENDATION It is recommended that the City Council introduce for first reading the proposed ordinance included in Attachment A. Prepared by: Suzanne Frick, Director Amanda Schachter, Acting Planning Manager Jonathan Lait, AICP, Senior Planner Tony Kim, Associate Planner City Planning Division Planning and Community Development Department ATTACHMENTS: A. Proposed Ordinance B. Notice of Public Hearing C. November 5, 2003 Planning Commission Meeting Staff Report D. Public Correspondence Dated November 5, 2003 11 ATTACHMENT A PROPOSED ORDINANCE 12 F:\atty\muni\laws\barry\DRThresholds-1.doc City Council Meeting 12-9-03 Santa Monica, California ORDINANCE NUMBER _________ (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 9.04.08.12.060, 9.04.08.14.060, 9.04.08.16.060, 9.04.08.22.060, 9.04.08.24.060, 9.04.08.26.060, 9.04.08.28.060, 9.04.08.30.060, 9.04.08.34.060 AND 9.04.08.35.050 TO MODIFY DEVELOPMENT REVIEW THRESHOLDS AND ADDING SECTION 9.04.10.14.050 TO EXEMPT CERTAIN HOUSING PROJECTS FROM THE MODIFIED DEVELOPMENT REVIEW THRESHOLDS. WHEREAS, Sections 9.04.08.12.060(h), 9.04.08.14.060(g), 9.04.08.16.060(g), 9.04.08.22.060(f), 9.04.08.24.060(g), 9.04.08.26.060(g), 9.04.08.28.060(e), 9.04.08.30.060(h), 9.04.08.34.060(g), and 9.04.08.35.050(i) of the Santa Monica Zoning Ordinance require the filing of a Development Review Permit application for projects exceeding eleven thousand to thirty thousand square feet in floor area, depending on the zoning district; and WHEREAS, Section 9.04.10.14.030 of the Santa Monica Zoning Ordinance provides special housing development standards and incentives to facilitate the development of alternative housing development in the City, particularly affordable housing; and WHEREAS, a Development Review Permit application is required for the construction of certain projects for which the design, siting, and size could result in adverse impacts on the surrounding area such as development that is proposed to be built to a greater intensity and building height than generally permitted in the area; and WHEREAS, the development review process is designed to ensure that the development is compatible with and relates harmoniously with the surrounding neighborhood; and WHEREAS, a project that requires a development review permit is subject to public review by the Planning Commission, with appeal to the City Council, whereas a project below the development permit review threshold can be administratively approved; and 13 WHEREAS, the City itself is extremely dense with a land area of just eight square miles and a population of approximately 85,000 people. Additionally, about 300,000 people work in the City and approximately 500,000 people visit the City on weekends; and WHEREAS, during recent years, the City has experienced an unprecedented economic prosperity; and WHEREAS, some of the housing developers during this period have taken advantage of the opportunity to build multiple, large, identical or nearly identical projects on lots in close proximity pursuant to administrative approvals; and WHEREAS, while these projects helped the City achieve its goal of promoting housing, the impact upon residents and businesses of the building boom in general and the building of multiple identical or similar large projects on the same block has been substantial and dire; and WHEREAS, high development review thresholds have resulted in the administrative approval of projects adjacent to residential areas that are significantly out of scale with the adjoining neighborhoods and that create significant adverse impacts on these neighborhoods such as noise, traffic, parking, aesthetic, privacy, light and air, and shade and shadow; and WHEREAS, the ministerial nature of the approval process has resulted in the City’s inability to mitigate or address these impacts; and WHEREAS, reducing the development review threshold to 7,500 square feet would allow thorough review of the impacts of large projects and enable the public to participate in this review. Reducing the development review threshold would also ensure that administrative approval is only available to smaller scale developments which produce far fewer adverse impacts on nearby residential neighborhoods. However, adoption of this ordinance would not prohibit any uses currently authorized in the subject districts; and WHEREAS, reducing the development review threshold would not alter the City’s substantial commitment to promoting residential uses in non-residential zoning districts which is manifest in City policy and law; and WHEREAS, residential development in all of the City’s commercial districts would still be authorized. Thus, residential development could still occur in over 80% of the City’s acreage; and WHEREAS, City policy provides substantial development incentives for residential housing. For instance, in certain districts, certain floor area devoted to residential use is eligible to receive additional FAR (Floor Area Ratio); and WHEREAS, the City has eliminated the restriction on the number of stories that can be built if the structure contains at least one floor of residential use and has increased the maximum height of projects with a designated number of floors of residential use; and WHEREAS, the City’s Affordable Housing Production Program housing fees are also discounted for residential development in commercial areas; and WHEREAS, this ordinance exempts projects that are one hundred percent affordable to households with incomes of eighty percent of median income or less or projects that contain a minimum of eighty percent (80%) of floor area devoted to multi-family residential use provided that at least fifteen percent (15%) of the housing units are deed-restricted for households with incomes of eighty percent (80%) of median income or less or at least ten percent (10%) of the housing units are deed-restricted for households with incomes of sixty percent (60%) of median income or less. Projects in the C2 and CM districts which are required by the City’s Zoning Ordinance to devote more than twenty percent (20%) of floor area to pedestrian oriented uses 14 shall also be exempt if these projects contain the maximum percentage of multi-family residential use authorized by the Zoning Ordinance and the affordable units specified above; and WHEREAS, the ordinance’s exemptions for affordable housing projects and projects with a significant percentage of their units affordable to low income tenants advances several goals and policies of the City’s Housing Element including, but not limited to, Housing Element Policy 2.8 (Continue to provide development incentives and reduced planning fees for development of affordable housing); and WHEREAS, in light of the concerns expressed above, the City Council adopted Ordinance Number 1991 (CCS) on November 28, 2000, a forty-five day ordinance which modified the development review thresholds in the RVC, BCD, C2, C4, C5, C6, CM, CP, M1, and LMSD districts; and WHEREAS, Ordinance Number 1991 (CCS) also exempted certain housing projects from the modified Development Review thresholds; and WHEREAS, the City Council adopted Ordinance Number 1999 (CCS) on February 13, 2001, which extended the development review thresholds in the RVC, BCD, C2, C4, C5, C6, CM, CP, M1, and LMSD districts on an interim basis; and WHEREAS, Ordinance Number 1999 (CCS) expires on February 12, 2004; and WHEREAS, in preparing its 2000-2005 Housing Element, the City contracted with the policy, financial, and management consulting firm of Hamilton, Rabinovitz & Alschuler (“HR&A”). HR&A undertook an extensive review and analysis of numerous governmental programs, policies, and regulations to assess whether they operated as a constraint on housing development. One of the regulations analyzed was Ordinance No. 1999 (CCS); and WHEREAS, HR&A determined that Ordinance No. 1999 (CCS) did not operate as a constraint on housing development; and WHEREAS, that conclusion remains unchanged for the proposed ordinance; and WHEREAS, the Planning Commission considered the proposed text amendment on November 5, 2003 and voted to forward to the City Council a recommendation of approval of this request except the Planning Commission did not support allowing exempt projects to provide affordable housing off-site; and WHEREAS, the City Council held a pubic hearing on this proposed text amendment on December 9, 2003; and WHEREAS, the proposed text amendment is consistent in principle with the goals, objectives, policies, land uses, and programs specified in the adopted General Plan, specifically, Land Use Element Objective 1.2, which states that the City’s land use policies should seek to “ensure compatibility of adjacent land uses” in that the proposed amendment reduces the scale of developments eligible to be administratively approved so as to not produce adverse impacts on nearby neighborhoods; Land Use Element Objective 1.6 which states that the City’s land use policies should seek “to accommodate commercial uses which serve regional, community, and local needs while respecting the adjacent residential neighborhoods” in that the proposed amendment would ensure that development provides a more sensitive transition between commercial and residential uses and is compatible with the existing neighborhood context; and Housing Element Policy 2.8 which states that the City’s housing policies should seek to “continue to provide development incentives and reduced planning fees for development of affordable housing” in that the proposed amendment would exempt certain housing projects from the Development Review thresholds as well as continue to either provide FAR bonuses for the residential components of development projects or discount the residential floor area for the 15 purpose of calculating FAR, thereby continuing to provide development incentives for affordable housing; and WHEREAS, for the reasons detailed above, the City Council finds and declares that the public health, safety, and general welfare require the adoption of the proposed text amendment in that reducing the development review threshold will allow close review of the impacts of large projects ensure that detrimental impacts of these projects are adequately addressed, and enable the public to participate in this review, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: Santa Monica Municipal Code Section 9.04.08.12.060 is hereby amended to read as follows: Section 9.04.08.12.060 Property development standards . All property in the RVC District shall be developed in accordance with the following standards: Maximum Building Height and FAR. (a) Maximum building height, number of stories and floor area ratio shall be determined as follows: 16 Table 9.04.08.12.060 MAXIMUM 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 Deauville 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 1.0 b. Parcels fronting on Ocean Avenue. 30' 2 .5 c. Replacement of Sinbad's building only on the Santa Monica Pier. 40' 3 1.0 d. Amusement rides on the Santa Monica Pier. 85' for one Ferris Wheel; 55' for one Roller Coaster; 45' for all other amusement rides. West side of Ocean Avenue from Pico Boulevard to Seaside Terrace (Ocean Avenue Fronting Parcels Only). 45' 3 2.0 East side of Ocean Avenue to First Court from Colorado Avenue to California Avenue. 45' 3 2.0 For parcels located along the Pacific Coast Highway between the Santa Monica Pier and the north City limits. 23' 2 0.5 flat roof 30' pitched roof 17 (2) As used in this Section, a "pitched roof" is defined as a roof with at least two sides having no less than one foot of vertical rise for every three feet of horizontal run. The walls of the building may not exceed the maximum height required for a flat roof. (3) There shall be no limitation on the number of stories of any hotel, parking structure or Affordable Housing Project, as long as the height does not exceed the maximum number of feet permitted in this Section. Maximum building height for the pier platform shall be measured from the pier platform rather than average natural grade. (b) For parcels located along the Pacific Maximum Unit Density. Coast Highway between the Santa Monica Pier and the north City limits, those parcels greater than four 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 units shall be permitted except that one dwelling unit may be permitted if a single family dwelling existed on the parcel on September 9, 1988. No more than one dwelling unit shall be permitted on a parcel forty feet or less in width. Maximum Parcel Coverage. (c) Seventy percent except that for parcels located along the Pacific Coast Highway between the Santa Monica Pier and the north City limits, the maximum parcel coverage shall be fifty percent. Minimum Lot Size. (d) Five thousand square feet. Each parcel shall contain a minimum depth of one hundred feet and a minimum width 18 of fifty feet, except that parcels existing on September 9, 1988, shall not be subject to this requirement. Front Yard Setback. (e) (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 Pacific 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 Districting Map, whichever is greater. (2) At least thirty percent of the building elevation above fourteen feet in height shall provide an additional five-foot average setback from the minimum required front yard setback. Rear Yard Setback. (f) Fifteen feet, except that for parcels located along the Pacific Coast Highway between the Santa Monica Pier and the north City limits, the beach rear 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. Side Yard Setback. (g) The side yard setback shall be determined in accordance with the following formula, except for lots of less than fifty feet in width for which the side yard shall be ten percent of the parcel width but not less than four feet: 5'+ ( stories x lot width) 50' 19 For parcels located along the Pacific Coast Highway between the Santa Monica Pier and the north City limits, at least twenty-five percent of the side elevation above fourteen feet in height shall provide an additional four-foot average setback from the minimum side yard setback. Development Review. (h) Except for projects listed in Section Deleted: A 9.04.10.14.050, a development review permit is required for any Deleted: fifteen thousand development of more than seven thousand five hundred square feet of Deleted: on the Promenade, thirty thousand square feet of floor area in floor area and for any development with rooftop parking. Square footage all other areas of the District, devoted to residential use shall be reduced by fifty percent when calculating whether a development review permit is required. View Corridor. (i) For parcels located along the Pacific Coast Highway between the Santa Monica 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 corridor between Pacific Coast Highway and the ocean. The view corridor shall be a minimum of twenty continuous feet in width measured from the property line abutting and parallel to Pacific Coast Highway and shall remain unobstructed by any structure or portion thereof. Parking. (j) For parcels located along the Pacific Coast Highway between the Santa Monica 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. 20 Pedestrian Orientation. (k) Ground floor street frontage of each structure shall be designed with pedestrian orientation in accordance with Section 9.04.10.02.440 of this Chapter. Santa Monica Municipal Code Section 9.04.08.14.060 is hereby amended to read as follows Section 9.04.08.14.060 Property development standards . All property in the Broadway District shall be developed in accordance with the following standards: Maximum Building Height. (a) 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 of feet permitted in this Section. Maximum Floor Area Ratio. (b) The maximum floor area ratio shall be determined as follows: FAR if at Least Thirty Percent of Project is Residential, or if at Least Eighty Percent Parcel of the Project is a Square Footage FAR Grocery Store 0 - 15,000 1.0 1.5 15,001 - 22,500 0.90 1.3 22,501 and up 0.80 1.15 Minimum Lot Size. (c) Seven thousand five hundred square feet. Each parcel shall have minimum dimensions of fifty feet by one 21 hundred fifty feet, except that parcels existing on the effective date of this Chapter shall not be subject to this requirement. Front Yard Setback. (d) Landscaping as required pursuant to the provisions of Part 9.04.10.04. Rear Yard Setback. (e) None, except: (1) Where rear parcel line abuts a residential district, a rear yard equal to: 5' + (stories x lot width) 50' The required rear yard may be used for parking or loading to within 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 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 Part 9.04.10.04. (f) Side Yard Setback. None, except: (1) Where the interior side parcel line abuts a residential district, an interior side yard equal to: 5' + (stories x lot width) 50' 22 The interior side yard may be used for parking or loading to within five feet of 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 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 screening pursuant to the provisions of Part 9.04.10.04. (3) A ten-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 ten feet shall be permitted if provisions of the Uniform Building Code related to fire-rated openings in side yards are satisfied. Development Review. (g) Except for projects listed in Section Deleted: A 9.04.10.14.050, a development review permit is required for any Deleted: twenty-two thousand five hundred development of more than seven 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 fifty percent when calculating whether a development review permit is required. (h) Pedestrian Orientation. Ground floor street frontage of each structure shall be designed with pedestrian orientation in accordance with Section 9.04.10.02.440 of this Chapter 23 SECTION 3. Santa Monica Municipal Code Section 9.04.08.16.060 is hereby amended to read as follows: Section 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 build-to-line requirements pursuant to the provisions contained in Section 9.04.10.02.050. (b) Maximum Building Height. Two stories, not to exceed thirty feet. (c) Maximum Floor Area Ratio. The maximum floor area ratio shall be determined as follows: (1) C2 District other than Pico Boulevard: FAR if at Least Thirty Percent of Project is Residential, or if at Least Eighty Percent Parcel of the project is a Square Footage FAR Grocery Store 0 -- 7,500 .75 .75 7,501 -- 15,000 .50 .75 15,001 -- 22,500 .45 .65 22,501 and up .40 .55 (2) C2 on Pico Boulevard: FAR if at Least Thirty Percent of Project is Residential, or if at Least Eighty Percent Parcel of the project is a Square Footage FAR Grocery Store 0 -- 7,500 1.0 1.0 7,501 -- 15,000 0.70 1.0 15,001 -- 22,500 0.60 0.85 24 22,501 and up 0.50 0.75 Minimum Lot Size. (d) 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. Rear Yard Setback. (e) None, except: (1) Where rear parcel line abuts a residential district, a rear yard equal to: 5' + (stories × lot width) 50' The required rear yard may be used for parking or loading to within 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 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 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 Part 9.04.10.04. (f) Side Yard Setback. None, except: (1) Where the interior side parcel line abuts a residential district, an interior side yard equal to: 25 5' + (stories × lot width) 50' The interior side yard may be used for parking or loading to within 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 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 screening pursuant to the provisions of Part 9.04.10.04. (3) A ten-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 ten feet shall be permitted if provisions of the Uniform Building Code related to fire-rated openings in side yards are satisfied. Development Review. (g) Except for projects listed in Section Deleted: A 9.04.10.14.050, a Development Review Permit is required for any Deleted: eleven thousand development of more than seven thousand five hundred square feet of floor area. Square footage devoted to residential use shall be reduced by fifty percent when calculating whether a development review permit is required. 26 SECTION 4. Santa Monica Municipal Code Section 9.04.08.22.060 is hereby amended to read as follows: Section 9.04.08.22.060 Property development standards . There shall be no limitation on the number of stories 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 permitted in this Section. All property in the C4 District shall be developed in accordance with the following standards: (a) Maximum Height and Floor Area Ratio. (1) For parcels in the C4 District fronting on Lincoln Boulevard south of the Santa Monica Freeway, Pico Boulevard between Ocean Avenue and 4th Court, and Pico Boulevard between 7th Street and 11th Street, maximum height shall be two stories, not to exceed thirty feet, and the floor area ratio shall be determined as follows: FAR if at Least Thirty Percent of Project is Residential, or if at Least Eighty Percent of Parcel the Project is a Square Footage FAR Grocery Store 0 -- 7,500 1.0 1.0 7,501 -- 15,000 0.70 1.0 15,001 -- 22,500 0.60 0.85 22,501 and up 0.50 0.75 (2) For parcels in the C4 District fronting on Broadway, Santa Monica Boulevard, and 14th Street between Pico Boulevard and the Santa 27 Monica Freeway, the maximum height shall be two stories, not to exceed thirty feet, and the floor area ratio shall be determined as follows: FAR if at Least Thirty Percent of Project is Residential or Automobile Dealership with CUP, or if Parcel at Least Eighty Percent of Square Footage FAR the Project is a Grocery Store 0 -- 7,500 1.5 1.5 7,501 -- 15,000 1.0 1.5 15,001 -- 22,500 0.90 1.3 22,501 and up 0.80 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 stories, not to exceed forty-five feet, and the floor area ratio shall be determined as follows: FAR if at Least Thirty Percent of Project is Residential, or if at Least Eighty Percent Parcel of the Project is a Square Footage FAR Grocery Store 0 -- 7,500 1.5 1.5 7,501 -- 15,000 1.0 1.5 15,001 -- 22,500 0.90 1.3 22,501 and up 0.80 1.15 28 (4) For parcels in the C4 District fronting on Pico Boulevard between 21st Street and 31st Street, subject to Section 9.04.08.22.060(a)(5), the maximum height shall be two stories, not to exceed thirty feet, and the floor area ratio shall be determined as follows: 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 2.0 7,501 -- 15,000 1.0 1.5 2.0 15,001 -- 22,500 0.90 1.3 2.0 22,501 and up 0.80 1.15 2.0 (5) Subject to the approval of a Conditional Use Permit, a project on a City-owned parcel in the C4 District fronting on Pico Boulevard between 21st Street and 31st Street shall be permitted a FAR bonus and a height of three stories, 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 contain a minimum depth of one hundred fifty feet and a minimum width of fifty feet except that parcels existing 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 9.04.10.04. (d) Rear Yard Setback. None, except: 29 (1) Where rear parcel line abuts a residential district, a rear yard equal to: 5' + (stories × lot width) 50' The required rear yard may be used for parking or loading to within 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 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 Part 9.04.10.04. (e) Side Yard Setback. None, except: (1) Where the interior side parcel line abuts a residential district, an interior side yard equal to: 5' + (stories × lot width) 50' The interior side yard may be used for parking or loading to within 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 30 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 screening pursuant to the provisions of Part 9.04.10.04. (3) A ten-foot setback from an interior side 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 ten feet shall be permitted if provisions of the Uniform Building Code related to fire-rated openings in side yards are satisfied. Development Review. (f) Except for projects listed in Section Deleted: A 9.04.10.14.050, a Development Review Permit is required for any Deleted: twenty-five thousand development of more than seven thousand five hundred square feet of Deleted: , except that for applications involving the demolition floor area and for any development with rooftop parking. Square footage and replacement of an existing single purpose grocery store on a parcel which is not adjacent to a residentially devoted to residential use shall be reduced by fifty percent when zoned district, with a store which has a minimum of twenty-five thousand square feet of floor area, only a net calculating whether a development review permit is required. new floor area addition of more than twenty-five thousand square feet shall be subject to Development Review SECTION 5. Santa Monica Municipal Code Section 9.04.08.24.060 is hereby amended to read as follows: Section 9.04.08.24.060 Property development standards. All property in the C5 District shall be developed in accordance with the following standards: (a) Maximum Building Height. Three stories, not to exceed forty-five feet. There shall be no limitation on the number of stories of any parking structure 31 so long as the height does not exceed the number of feet permitted in this Section. (b) Maximum Floor Area Ratio. The maximum floor area ratio shall be determined as follows: Parcel Square Footage FAR 0 -- 22,500 1.0 22,501 and up 0.75 Minimum Lot Size. (c) Fifteen thousand square feet. Each parcel shall contain a minimum depth of one hundred fifty feet and a minimum width of one hundred feet except that parcels existing on the effective date of this Chapter shall not be subject to this requirement. Front Yard Setback. (d) Twenty feet minimum depth from any public right-of-way or the transportation right-of-way. Rear Yard Setback. (e) None, except: (1) Where rear parcel line abuts a residential district, a rear yard equal to: 5' + (stories × lot width) 50' The required rear yard may be used for parking or loading within 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 is erected and maintained along the rear commercial line. Access driveways shall be permitted to perpendicularly cross the required rear yard provided the driveway does 32 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 Part 9.04.10.04. (f) Side Yard Setback. None, except: (1) Where interior side parcel line abuts a residential district, an interior side yard equal to: 5' + (stories × lot width) 50' The interior side yard may be used for parking or loading no closer than to 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 required interior side yard shall not be used for access or for commercial or manufacturing purposes. (2) That needed to accommodate landscaping required for a street side yard, landscape buffer and screening pursuant to the provisions of Part 9.04.10.04. (3) A ten-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 ten feet shall be permitted if provisions of the Uniform Building Code related to fire-rated openings in side yards are satisfied. 33 (g) Development Review. Except for projects listed in Section Deleted: A Development Review Permit is required for any 9.04.10.14.050, a Deleted: thirty thousand development of more than seven thousand five hundred square feet of floor area and any development with rooftop parking. Square footage devoted to residential use shall be reduced by fifty percent when calculating whether a development review permit is required. SECTION 6. Santa Monica Municipal Code Section 9.04.08.26.060 is hereby amended to read as follows: Section 9.04.08.26.060 Property development standards . All property in the C6 District shall be developed in accordance with the following standards: Maximum Building Height. (a) Three stories, not to exceed forty-five feet. There shall be no limitation on the number of stories 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 permitted in this Section. Maximum Floor Area Ratio. (b) The maximum floor area ratio shall be determined as follows: FAR if at Least Thirty Percent of Project is Residential, or if at Least Eighty Percent Parcel of the Project is a Square Footage FAR Grocery Store 0 -- 7,500 2.0 2.0 7,501 -- 15,000 1.4 2.0 15,001 -- 22,500 1.2 1.75 22,501 and up 1.0 1.5 34 Minimum Lot Size (c) . Seven thousand five hundred square feet. Each parcel shall contain a minimum depth of one hundred fifty feet and a minimum width of fifty feet, except that parcels existing on the effective date of this Chapter shall not be subject to this requirement. Front Yard Setback (d) . Landscaping as required pursuant to the provision of Part 9.04.10.04. Rear Yard Setback (e) . None, except: (1) Where rear parcel line abuts a residential district, a rear yard equal to: 5' + (stories × lot width) 50' The required rear yard may be used for parking or loading to within 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 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 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 Part 9.04.10.04. (f) None Side Yard Setback. , except: (1) Where the interior side parcel line abuts a residential district, an interior side yard equal to: 35 5' + (stories × lot width) 50' The interior side yard may be used for parking or loading to within 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 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. (2) That needed to accommodate landscaping required for a street side yard, landscape buffer and screening pursuant to the provisions of Part 9.04.10.04. (3) A ten-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 ten feet shall be permitted if provisions of the Uniform Building Code related to fire-rated openings in side yards are satisfied. Development Review. (g) Except for projects listed in Section Deleted: A 9.04.10.14.050, a Development Review Permit is required for any Deleted: thirty thousand development of more than seven thousand five hundred square feet of Deleted: , except that for applications involving the demolition floor area and any development with rooftop parking. Square footage and replacement of any existing single purpose grocery store on a parcel which is not adjacent to a devoted to residential use shall be reduced by fifty percent when residentially zoned district, with a store which has a minimum of twenty- five thousand square feet of floor calculating whether a development review permit is required. area, only a net new floor area addition of more than thirty thousand square feet shall be subject to Development Review 36 SECTION 7. Santa Monica Municipal Code Section 9.04.08.28.060 is hereby amended to read as follows: Section 9.04.08.28.060 Property development standards. For purposes of property development standards, there shall be three zoning classifications within the CM district: CM-2, CM-3 and CM-4. All property in the CM District shall be developed in accordance with the following standards: (a) Maximum Building Height and FAR. Maximum building height, number of stories and floor area ratio shall be determined 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 maximum building height, number of stories, and floor area ratio shall be: Max. Max. No. Of Max. Max. FAR Project if 30% of the HeightStories FAR is Residential 27'2.81.0 (2) For all other parcels in the CM District, maximum building height, number of stories and floor area ratio shall be: Max Max. Max. HeightNo. Of FAR Stories CM-2 27’ 2 1.5 CM-3 35’ 3 2.0 CM-4 35’ 3 2.0 37 (3) Notwithstanding the above, property in the CM-4 District may be developed to a maximum height of forty-seven feet, four stories 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; (ii) The fourth floor is set back a minimum of ten feet from the third floor street frontage(s); (iii) The fourth floor is set back a minimum of five feet from the third 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; (vi) The front yard setback at the ground floor level is double that required pursuant to subsection (b) of this Section. (4) There shall be no limitation on the number of stories of any structure whose floor area contains fifty percent or more residential uses as long as the height does not exceed the maximum number of feet permitted in the zoning classification 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 calculating the FAR of any structure within the CM District, multi-residential units devoted strictly to apartment residential uses shall be computed at one-half the actual total floor area. 38 (b) Front Yard Setback. (1) For parcels with frontage on Second Street and which abut residentially zoned property on at least one side yard, on that portion of the parcel located within 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, if the roof does not exceed a height of fourteen feet and the porch width does not exceed forty percent of the building width at the front of the building. (2) For all other parcels in the CM 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 maintained. Such yard shall have a minimum depth as follows: (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 within five feet of the rear property line is not more than nine feet in height and is fully enclosed, i.e., without windows, doors or ventilation openings permitting visual access to adjoining residential property. Any portion of the first floor that either exceeds nine feet in height or is not fully enclosed shall be at least five feet from the rear property line. The minimum rear yard requirement for the second-story portion of a two-story structure shall be twenty feet. 39 (i) Use of Rear Yard. Commercial use in the required rear yard is not permitted. Noncommercial uses and parking are permitted in the rear yard to the rear property line on the ground level. (ii) Use of Roof in Rear Yard. No portion of the first-floor roof within fifteen feet of the rear property line may be used for any purpose other than access for building maintenance and repair. The remaining setback area may be privately used (not open to the public) if enclosed with a solid six-foot barrier. (iii) Exception. There shall be no rear yard setbacks required where existing parking improvements and common ownership extend through to Second Street. (2) CM-2 District, West of the Centerline of Main Street. No rear yard shall be required for a one-story structure, provided that any portion of the first-floor structure which is within five feet of the rear property line does not exceed nine feet in height. Any portion of the first floor that exceeds nine feet in height shall be at least five feet from the rear property line. The minimum rear yard requirement for the second story of a two-story structure shall be five feet. (3) CM-3 District. Rear yard requirements in the CM-3 District shall be the same as those required in the CM-2 District, west of the centerline of Main Street, for one and two story structures. A minimum fifteen-foot rear yard setback for any portion of a third story is required. (4) CM-4 District. No rear yard setback is required except as may be required in subsection (a) of this Section.. Side Yard Setback. (d) None, except where the interior side parcel line abuts a residential district. In those cases, an interior side yard shall be provided equal to: 40 5' + (stories × lot width) 50' On lots of less than fifty feet in width, the side yard shall be ten percent of the parcel width but not less than five feet. (e) Development Review. Except for projects listed in Section Deleted: A 9.04.10.14.050, a development review permit is required for any development of Deleted: eleven thousand more than seven thousand five hundred square feet of floor area. Square footage devoted to residential use shall be reduced by fifty percent when calculating whether a development review permit is required. SECTION 8. Santa Monica Municipal Code Section 9.04.08.30.060 is hereby amended to read as follows: Section 9.04.08.30.060 Property development standards . All property in the CP District shall be developed in accordance with the following standards unless otherwise provided in the Hospital Area Specific Plan: (a) Maximum Building Height . Maximum building height, number of stories, and floor area ratio shall be determined as follows: Table 9.04.08.30.060 With Approval of a Development Review Permit Max.Max. No.Max.Max.Max. No.Max. Heightof StoriesFARHeightof StoriesFAR CP3 45' 3 1.5 -- -- -- CP5 45' 3 1.5 70' 5 2.5 There shall be no limitation on the number of stories of any hotel, detached parking structure or Affordable Housing Project as long as the 41 height does not exceed the maximum number of feet permitted in this Section or as allowed by Section 9.04.10.14.030(a) of this Chapter. (b) The main hospital campus of Saint John’ s Hospital and Health Center shall be divided into 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 District in which at least half of the spaces are provided to address an existing parking space deficiency or are replacing existing parking shall not be subject to FAR limitations, but shall be required to meet all other development standards for the area. (d) Minimum Lot Size . Seventy-five hundred square feet. Each parcel shall contain a minimum 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 requirement. (e) Front Yard Setback . As shown on the Official Districting 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: ? 5' + (stories lot width) 50' The required rear yard may be used for parking or loading to within 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 is erected and maintained along the rear commercial parcel line. 42 Access driveways shall be permitted to cross perpendicularly 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 Part 9.04.10.04. (g) Side Yard Setback . None, except: (1) Where the interior side parcel line abuts a residential district, an interior side yard equal to: ? 5' + (stories lot width) 50' The interior 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 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. (2) That needed to accommodate landscaping required for a street side yard, landscape buffer and screening pursuant to the provisions of Part 9.04.10.04. (3) A ten-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 ten feet shall be permitted if provisions of the Uniform Building Code related to fire-rated openings in side yards are satisfied. (h) Development Review . Except for projects listed in Section 9.04.10.14.050, a Development Review Permit is required for any development of more Deleted: A than seven thousand five hundred square feet of floor area, for any development with Deleted: twenty-two thousand five rooftop parking, and to heights and floor area ratios in Section 9.04.08.30.060(a). Square hundred footage devoted to residential use shall be reduced by fifty percent when calculating whether a development review permit is required. (i) All new commercial development in this District shall provide free employee parking and a minimum one hour free visitor parking unless a preferential parking zone exists or is established in the area of the development and the City finds that the preferential parking district will adequately mitigate potential adverse on-street parking impacts of the development, or if otherwise provided in the Hospital Area Specific Plan. SECTION 9. Santa Monica Municipal Code Section 9.04.08.34.060 is hereby amended to read as follows: Section 9.04.08.34.060 Property development standards. All property in the M1 District shall be developed in accordance with the following standards: (a) Maximum Building Height. Two stories and thirty feet or with approval of a Development Review Permit for artist studios only, three stories and forty-five feet. For 43 recreational facilities associated with public or private primary or secondary schools, two stories and forty-five feet. Within fifty feet of a residential district, no portion of any structure shall exceed the maximum permitted height of the adjoining residential district. There shall be no limitation on the number of stories of any detached parking structure so long as the height does not exceed the number of feet permitted in this Section. (b) Maximum Floor Area Ratio. 1.0 or 1.5 for development of artist studios with approval of a Development Review Permit. (c) Minimum Lot Size. Fifteen thousand square feet. Each parcel shall contain a minimum depth of one hundred fifty feet and a minimum width of one hundred 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 provision of Part 9.04.10.04. (e) Rear Yard Setback. None, except: (1) Where the rear parcel line abuts a residential district, a rear yard equal to: 5' + (stories x lot width) 50' The required rear yard may be used for parking or loading to within 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 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 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 Part 9.04.10.04. (f) Side Yard Setback. None, except: (1) Where the interior side parcel line abuts a residential district, an interior side yard equal to: 5' + (stories x lot width) 50' The interior 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 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. (2) That needed to accommodate landscaping required for a street side yard, landscape buffer and screening pursuant to the provisions of Part 9.04.10.04. (3) A ten-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 ten feet shall be permitted if provisions of the Uniform Building Code related to fire-rated openings in side yards are satisfied. Development Review. (g) Except for projects listed in Section 9.04.10.14.050, a Development Review Permit is required for any development of Deleted: A 44 more than seven thousand five hundred square feet of floor area and any Deleted: thirty thousand development with rooftop parking. Square footage devoted to residential use shall be reduced by fifty percent when calculating whether a development review permit is required. SECTION 10. Santa Monica Municipal Code Section 9.04.08.35.050 is hereby amended to read as follows: Section 9.04.08.35.050 Property development standards . All property in the Light Manufacturing and Studio District shall be developed in accordance with the following standards: (a) Maximum Building Height. The maximum building height shall be two stories, not to exceed thirty feet, except the following projects may have a maximum height of four stories, forty-five feet: (1) Projects involving the expansion of public or private elementary and secondary schools (Grades K through 12) existing prior to September 8, 1988; (2) Entertainment-related facilities including sound stages, movie studios, editing facilities, post-production facilities, set construction facilities and special effects facilities; (3) Theaters. There shall be no limitation on the number of stories of any detached parking structure so long as the height does not exceed the number of feet permitted in the district. (b) Maximum Floor Area Ratio. Maximum floor area ratio shall be 1.0, except the following projects may have a floor area ratio of 1.5: 45 (1) Projects involving the expansion of public or private elementary and secondary schools (Grades K through 12) existing prior to September 8, 1988; (2) With approval of a development review permit, projects including artist studios, provided the additional .5 floor area ratio is devoted to artist studio use, and the commercial square footage does not exceed 1.0 floor area ratio. (c) Minimum Lot Size. The minimum lot size shall be fifteen thousand square feet, each lot shall contain a minimum depth of one hundred fifty feet and a minimum width of one hundred feet, except that lots existing on the effective date of the ordinance codified in this Chapter shall not be subject to this requirement. (d) Front Yard Setback. All landscaping shall be in accordance with the provisions of Part 9.04.10.04 of this Code. (e) Rear Yard Setback. No rear yard setback shall be required except: (1) Where the rear parcel line abuts a residential district, a rear yard equal to: 5' + (stories × lot width) 50' shall be required. The required rear yard may be used for parking or loading to within 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 is erected and maintained along the rear commercial parcel line. Access shall be permitted to cross 46 perpendicularly 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) Such rear yard setback as is necessary to accommodate landscaping and screening for a rear yard buffer required pursuant to the provisions of Part 9.04.10.04 of this Code. (f) Side Yard Setback. No side yard setback shall be required except: (1) Where the interior side parcel line abuts a residential district, an interior side yard equal to: 5' + (stories × lot width) 50' shall be required. The interior 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 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; (2) Such side yard setback as is needed to accommodate landscaping required for a street side yard, landscape buffer and screening pursuant to the provisions of Part 9.04.10.04 of this Code. (3) For portions of buildings that contain windows, doors, or other openings into the interior of the building, a ten-foot setback from an interior property line shall be required. An interior side yard setback of less than 47 ten feet shall be permitted if provisions of the Uniform Building Code related to fire-rated openings in side yards are satisfied. Building Stepback. (g) Building stepbacks shall be provided pursuant to the requirements of Section 9.04.10.02.040, unless the Architectural Review Board finds that modification or elimination of this requirement 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 requirement are satisfied by the provision of alternative stepbacks or other building features which reduce effective mass to a degree comparable to other relevant standards. (h) Olympic Boulevard Setback. Buildings shall be setback a minimum of twenty feet from Olympic Boulevard. Development Review. (i) Except for projects listed in Section Deleted: A 9.04.10.14.050, a development review permit is required for any Deleted: thirty thousand development of more than seven thousand five hundred square feet of floor area, for any development with rooftop parking, and for projects which include artist studios with a 1.5 floor area ratio, provided the additional .5 floor area ratio is devoted to artist studio use, and the commercial square footage does not exceed 1.0 floor area ratio. Square footage devoted to residential use shall be reduced by fifty percent when calculating whether a development review permit is required. SECTION 11. Section 9.04.10.14.050 is hereby added to the Santa Monica Municipal Code to read as follows: 48 Section 9.04.10.14.050 Exemptions from Development Review thresholds. The following projects located in the RVC, BCD, C2, C4, C5, C6, CM, CP, M1, and LMSD Districts shall be exempt from Development Review thresholds: (a) Projects that contain a minimum of eighty percent (80%) of floor area devoted to multi-family residential use provided that at least fifteen percent (15%) of the housing units are deed-restricted for households with incomes of eighty percent (80%) of median income or less or at least ten percent (10%) of the housing units are deed-restricted for households with incomes of sixty percent (60%) of median income or less. (b) Affordable housing projects in which one hundred percent (100%) of the housing units are deed-restricted for households with incomes of eighty percent (80%) of median income or less. (c) Projects in the C2 and CM districts which are required by the City’s Zoning Ordinance to devote more than twenty percent (20%) of floor area to pedestrian oriented uses shall also be exempt if these projects contain the maximum percentage of multi-family residential use authorized by the Zoning Ordinance and meet the affordable housing unit requirement of subsection (a) of this Section. (d) The affordable housing units required to qualify for the exemption from the development review threshold established by 49 subsections (a) or (c) of this Section may be provided off-site if the units are developed in accordance with the requirements of Section 9.56.060. SECTION 12. 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, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 13. 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. SECTION 14. 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: _________________________ MARSHA JONES MOUTRIE City Attorney 50 ATTACHMENT B NOTICE OF PUBLIC HEARING NOTICE OF A PUBLIC HEARING BEFORE THE SANTA MONICA CITY COUNCIL SUBJECT: Ordinance for Introduction and First Reading to modify Zoning Ordinance Sections 9.04.08.12.060(h), 9.04.08.14.060(g), 9.04.08.16.060(g), 9.04.08.22.060(f), 9.04.08.24.060(g), 9.04.08.26.060(g), 9.04.08.28.060(e), 9.04.08.30.060(h), 9.04.08.34.060(g), and 9.04.08.35.050(i) and add Section 9.04.10.14.050 regarding Development Review thresholds. APPLICANT: City of Santa Monica A public hearing will be held by the City Council to consider the following request: Introduction and first reading of an ordinance amending Santa Monica Municipal Code Sections 9.04.08.12.060(h), 9.04.08.14.060(g), 9.04.08.16.060(g), 9.04.08.22.060(f), 9.04.08.24.060(g), 9.04.08.26.060(g), 9.04.08.28.060(e), 9.04.08.30.060(h), 9.04.08.34.060(g), and 9.04.08.35.050(i) and adding Section 9.04.10.14.050 to reduce the Development Review Thresholds in the RVC, BCD, C2, C4, C5, C6, CM, CP, M1 and LMSD Districts and exempt certain affordable housing projects including certain mixed-use projects from the modified Development Review thresholds. DATE/TIME: TUESDAY, DECEMBER 9, 2003, AT 6:45 p.m. LOCATION: City Council Chambers, Second Floor, Santa Monica City Hall 1685 Main Street, Santa Monica, California HOW TO COMMENT The City of Santa Monica encourages public comment. You may comment at the City Council public hearing, or by writing a letter. Written information will be given to the City Council at the meeting. 51 Address your letters to: City Clerk Re: 03TA-012, Development Review Thresholds 1685 Main Street, Room 102 Santa Monica, CA 90401 MORE INFORMATION If you want more information about this project, please contact Tony Kim, Associate Planner, at (310) 458-8341, or by e-mail at tony-kim@santa-monica.org. The Zoning Ordinance is available at the Planning Counter during business hours and on the City’s web site at www.santa-monica.org. The meeting facility is wheelchair accessible. For disability-related accommodations, please contact (310) 458-8341 or (310) 458-8696 TTY at least 72 hours in advance. All written materials are available in alternate format upon request. Santa Monica Big Blue Bus Lines numbered 1, 2, 3, 5, 7, 8, 9, and 10 serve City Hall. Pursuant to California Government Code Section 65009(b), if this matter is subsequently challenged in Court, the challenge may be limited to only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City of Santa Monica at, or prior to, the public hearing. ESPAÑOL Esto es una noticia de una audiencia pública para revisar applicaciónes proponiendo desarrollo en Santa Monica. Si deseas más información, favor de llamar a Carmen Gutierrez en la División de Planificación al número (310) 458-8341. APPROVED AS TO FORM: ___________________________ AMANDA SCHACHTER Acting Planning Manager 52 ATTACHMENT C NOVEMBER 5, 2003 PLANNING COMMISSION MEETING STAFF REPORT (WITHOUT ATTACHMENTS) 53 PCD:SF:JT:AS:JL:TK:F:\PLAN\SHARE\PC\STRPT\03\DRthresholds.110503.doc Planning Commission Mtg: November 5, 2003 Santa Monica, California TO: The Honorable Planning Commission FROM: Planning Staff SUBJECT: Development Review Threshold Text Amendment 03TA-012 Address: RVC, BCD, C2, C4, C5, C6, CM, CP, M1 and LMSD Districts Applicant: City of Santa Monica INTRODUCTION Action: Amend Zoning Ordinance Sections 9.04.08.12.060(h), 9.04.08.14.060(g), 9.04.08.16.060(g), 9.04.08.22.060(f), 9.04.08.24.060(g), 9.04.08.26.060(g), 9.04.08.28.060(e), 9.04.08.30.060(h), 9.04.08.34.060(g), and 9.04.08.35.050(i) to modify Development Review thresholds and add Section 9.04.10.14.030(e) to exempt certain housing projects from the modified Development Review thresholds. Recommendation: That the Planning Commission recommend approval of the text amendment to the City Council to modify the City’s Zoning Code by modifying the Development Review Thresholds in the RVC, BCD, C2, C4, C5, C6, CM, CP, M1 and LMSD Districts. SITE LOCATION AND DESCRIPTION This amendment would apply to all properties in the following zoning districts: Zoning Districts: RVC (Residential-Visitor Commercial District) BCD (Broadway Commercial District) C2 (Neighborhood Commercial District) C4 (Highway Commercial District) C5 (Special Office Commercial District) C6 (Boulevard Commercial District) CM (Main Street Commercial District) CP (Commercial Professional District) M1 (Industrial Conservation District) LMSD (Light Manufacturing and Studio District) Land Use Districts: Single Family Housing Low Density Housing Medium Density Housing High Density Housing Neighborhood Commercial 54 Service and Specialty Commercial General Commercial Special Office District Oceanfront Special District Broadway Mixed Use District General Commercial with Service/Specialty Industrial Institutional PROJECT DESCRIPTION Proposed is a Text Amendment to various sections of the Zoning Ordinance. Currently, the Zoning Ordinance requires Development Review permits for projects ranging from eleven thousand to thirty thousand square feet, depending on the zoning district. However, these standards were superceded by Ordinance Number 1999 (CCS) which reduced the Development Review thresholds to 7,500 square feet in the subject districts. Ordinance Number 1999 can be found in Attachment A. The proposed amendment would amend various sections of the Zoning Ordinance to modify the Development Review thresholds in the RVC, BCD, C2, C4, C5, C6, CM, CP, M1 and LMSD Districts and add a Zoning Ordinance section to exempt certain affordable housing projects including certain mixed-use projects from the modified Development Review thresholds in order to encourage housing development. The text of the proposed amendment can be found in Attachment B. CEQA STATUS The proposed ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State Implementation Guidelines in that CEQA applies only to projects having the potential to cause a significant effect on the environment. The proposed reduction in development review thresholds does not have this potential. Rather, the proposed amendment will expand the number of projects subject to discretionary review and evaluated pursuant to CEQA, while enhancing the public review process. PUBLIC NOTIFICATION Pursuant to Government Code Section 65804, notice of the public hearing for the text amendment was published in the “California” Section of the Los Angeles Times newspaper at least ten consecutive calendar days prior to the hearing. Notice of the public hearing was also sent to all neighborhood organizations, the Planning Commission, City of Los Angeles, and posted on the City’s Web site. A copy of the notice is contained in Attachment B. 55 BACKGROUND On November 28, 2000, the City Council adopted an emergency interim ordinance, Ordinance Number 1991 (CCS), which modified the Development Review thresholds in the RVC, BCD, C2, C4, C5, C6, CM, CP, M1, and LMSD districts to 7,500 square feet. This allowed for discretionary review of the impacts of large projects and enhanced public participation. On February 13, 2001, the City Council adopted Ordinance Number 1999 (CCS) extending the interim ordinance for a period of three years to provide staff with additional time to implement a permanent ordinance. Ordinance Number 1999 (CCS) will expire on February 12, 2004. On October 15, 2003, the Planning Commission adopted a Resolution of Intent authorizing staff to prepare this text amendment in accordance with the City Council’s direction. A copy of this staff report and Resolution of Intention is contained in Attachment D. ANALYSIS A Development Review permit is intended to allow the construction of certain projects for which the design and siting could result in an adverse impact on the surrounding area. Projects subject to a Development Review permit typically have greater floor area, building height, and intensity of uses than other improvements in the area. A Development Review permit allows for the review of the location, size, massing, and placement of a proposed structure, particularly as the project relates to the existing improvements and neighborhood context. The City’s Zoning Ordinance establishes by zoning district square footage thresholds for Development Review permits based upon the floor area of a project. A project that requires a Development Review permit is subject to public review by the Planning Commission, with appeal to the City Council, whereas a project below the Development Review permit threshold can be administratively approved. The existing emergency interim ordinance reducing the Development Review thresholds in the RVC, BCD, C2, C4, C5, C6, CM, CP, M1, and LMSD districts was a result of concerns regarding the administrative approvals of larger scale projects with adverse impacts on adjacent uses in which these impacts were not mitigated or addressed. More specifically, some of these larger scale developments have created adverse noise, traffic, parking, aesthetic, privacy, light and air, shade and shadow impacts on these residential areas and adverse impacts upon pedestrian orientation, which are incompatible with the existing scale and character of these neighborhoods. Because of the high threshold for discretionary review, residential neighbors and members of the business community have not had the opportunity to express particular concerns relating to such issues – an opportunity they have in the discretionary review process. 56 PROPOSED TEXT AMENDMENT The proposed text amendment includes amending Zoning Ordinance Sections 9.04.08.12.060(h), 9.04.08.14.060(g), 9.04.08.16.060(g), 9.04.08.22.060(f), 9.04.08.24.060(g), 9.04.08.26.060(g), 9.04.08.28.060(e), 9.04.08.30.060(h), 9.04.08.34.060(g), and 9.04.08.35.050(i) to modify Development Review thresholds in the RVC, BCD, C2, C4, C5, C6, CM, CP, M1, and LMSD districts, respectively, to 7,500 square feet and adding Section 9.04.10.14.030(e) to exempt certain affordable housing projects including certain mixed-use projects from the modified Development Review thresholds. Under the Zoning Ordinance, the City’s development review thresholds range from 11,000 square feet to 30,000 square feet in floor area, depending on the zoning district. The development review thresholds in the downtown area, specifically in the BSC, C3, and C3C districts, are not included in the proposed text amendment as they will be addressed along with the pending Downtown Design Guidelines. The current development review threshold in these districts is 7,500 square feet. In addition, Ordinance Number 2040 (CCS) previously reduced the development review threshold within the C2 district along Montana Avenue to 5,000 square feet. This interim ordinance is due to expire on February 27, 2004 and will also require further analysis and review prior to adoption of any permanent standards. Reducing the development review threshold to 7,500 square feet would allow discretionary review of the impacts of large projects and enhance public participation. Reducing the development review threshold would also ensure that administrative approval is only available to smaller scale developments which do not produce adverse impacts on nearby residential neighborhoods. The typical lot size in a commercial zone is 7,500 square feet. Consequently, the proposed threshold would allow up to 1.0 FAR or a one story building occupying the entire lot or a two story building occupying a portion of the lot. Such development would generally be compatible in scale with nearby multi-family developments since residential developments in the City are typically five to seven unit projects ranging from 5,400 square feet to 8,200 square feet. This level of development is also consistent with the scale of existing older developments. In addition to the reduction of the development review threshold, staff recommends removal of language in Sections 9.04.08.22.060 (f) and 9.04.08.26.060(g), the C4 and C6 districts respectively, regarding the requirement of a development review permit for additions of greater than twenty-five thousand square feet to existing grocery stores that have a minimum of twenty-five thousand square feet in floor area and are not located adjacent to a residentially zoned district. Based on staff’s review of these districts, there are no properties within the C4 and C6 districts that currently contain grocery stores of that size that are not located adjacent to a residentially zoned district, thereby making the existing language regarding grocery stores irrelevant. Further, staff believes that a 25,000 square foot threshold is inconsistent with the recently lowered standard. Reducing the development review threshold will not materially alter the City’s incentives for residential development or mixed use development in the City’s commercial zones. 57 Residential development in all of the City’s commercial districts would still be authorized. Thus, residential development could still occur in over 80% of the City’s acreage. In addition, in the City’s commercial districts, the City will continue to either provide FAR bonuses for the residential components of development projects or discount the residential floor area for the purpose of calculating FAR. Additionally, in determining whether a development review permit is required for new development, floor area devoted to residential uses will continue to be discounted by fifty percent (50%). Thus, even with the proposed changes, residential development up to 15,000 square feet on a typical lot could be approved administratively. The proposed text amendment would also exempt certain housing projects from the modified Development Review thresholds. This includes projects that contain a minimum of eighty percent (80%) of floor area devoted to multi-family residential use provided that at least fifteen percent (15%) of the housing units are deed-restricted for households with incomes of eighty percent (80%) of median income or less or at least ten percent (10%) of the housing units are deed-restricted for households with incomes of sixty percent (60%) of median income or less. Affordable housing projects in which one hundred percent (100%) of the housing units are deed-restricted for households with incomes of eighty percent (80%) of median income or less would be exempt, and projects in the C2 and CM districts which are required by the City’s Zoning Ordinance to devote more than twenty percent (20%) of floor area to pedestrian oriented uses shall also be exempt if these projects contain the maximum percentage of multi-family residential use authorized by the Zoning Ordinance. In order to recommend the proposed text amendment to the City Council, the Planning Commission must satisfy two findings. These findings relate to consistency with the City’s General Plan and promotion of the public health, safety and general welfare. The proposed amendment is consistent in principle with several of the goals, objectives and policies of the General Plan. Specifically, the amendment is consistent with the following: Land Use Element Objective 1.2 that states that the City’s land use policies should seek to “ensure compatibility of adjacent land uses with particular concern for protecting residential neighborhoods.” The proposed amendment would ensure that development is compatible with and relates harmoniously with surrounding residential neighborhoods and would prevent large-scale developments from creating adverse impacts such as noise, traffic, parking, aesthetic, privacy, light and air, and shade and shadow. Land Use Element Objective 1.6 that states that the City’s land use policies should seek to “accommodate commercial uses which serve regional, community, and local needs while respecting the adjacent residential neighborhoods.” The proposed amendment would allow development that provides a more sensitive transition between commercial and residential uses and are compatible with the existing neighborhood context. 58 Housing Element Policy 2.8 states that the City’s housing policies should seek to “continue to provide development incentives and reduced planning fees for development of affordable housing”. The proposed amendment would exempt certain housing projects from the Development Review thresholds as well as continue to either provide FAR bonuses for the residential components of development projects or discount the residential floor area for the purpose of calculating FAR, thereby continuing to provide development incentives for affordable housing. CONCLUSION Currently, the Zoning Ordinance requires Development Review permits for projects ranging from eleven thousand to thirty thousand square feet, depending on the zoning district. The proposed amendment would reduce the Development Review threshold in the RVC, BCD, C2, C4, C5, C6, CM, CP, M1, and LMSD districts to 7,500 square feet and would exempt certain housing projects from the modified Development Review thresholds. The modified thresholds would ensure close review of the impacts of large projects upon the community and enable the public to participate in this review. Findings of fact in support of the request are still required. The proposed amendments are consistent with the goals, objectives, policies and programs specified in the General Plan. RECOMMENDATION Staff recommends that the Planning Commission recommend adoption of the text amendment to the City Council, as specified in Attachment B. TEXT AMENDMENT FINDINGS 1. The proposed amendment is consistent in principle with the goals, objectives, policies, land uses, and programs specified in the adopted General Plan, specifically, Land Use Element Objective 1.2, which states that the City’s land use policies should seek to “ensure compatibility of adjacent land uses with particular concern for protecting residential neighborhoods” in that the proposed amendment would ensure that development is compatible with and relates harmoniously with surrounding residential neighborhoods and would prevent large-scale developments from creating adverse impacts such as noise, traffic, parking, aesthetic, privacy, light and air, and shade and shadow. It is also consistent with Land Use Element Objective 1.6, which states that the City’s land use policies should seek to “accommodate commercial uses which serve regional, community, and local needs while respecting the adjacent residential neighborhoods” in that the proposed amendment would allow development that provides a more sensitive transition between commercial and residential uses and are compatible with the existing neighborhood context. 59 2. The public health, safety, and general welfare require the adoption of the proposed amendment, in that the amendment would ensure that development is compatible with and relates harmoniously with the surrounding neighborhood and prevent adverse impacts such as development that is proposed to be built to a greater intensity and building height than generally permitted in the area. Prepared by: Jay M. Trevino, AICP, Planning Manager Amanda Schachter, Principal Planner Jonathan Lait, AICP, Senior Planner Tony Kim, Associate Planner City Planning Division Planning and Community Development Department Attachments: A. Ordinance Number 1999 (CCS) See Panagon Ordinance Index B. Recommended Ordinance Text C. Notice of Public Hearing D. October 15, 2003 Planning Commission Meeting Staff Report And Resolution Of Intention F:\PLAN\SHARE\PC\STRPT\03\DRthresholds.110503.doc 60 F:\atty\muni\laws\barry\DRThresholds-1.doc City Council Meeting 12-9-03 Santa Monica, California ORDINANCE NUMBER _________ (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 9.04.08.12.060, 9.04.08.14.060, 9.04.08.16.060, 9.04.08.22.060, 9.04.08.24.060, 9.04.08.26.060, 9.04.08.28.060, 9.04.08.30.060, 9.04.08.34.060 AND 9.04.08.35.050 TO MODIFY DEVELOPMENT REVIEW THRESHOLDS AND ADDING SECTION 9.04.10.14.050 TO EXEMPT CERTAIN HOUSING PROJECTS FROM THE MODIFIED DEVELOPMENT REVIEW THRESHOLDS. WHEREAS, Sections 9.04.08.12.060(h), 9.04.08.14.060(g), 9.04.08.16.060(g), 9.04.08.22.060(f), 9.04.08.24.060(g), 9.04.08.26.060(g), 9.04.08.28.060(e), 9.04.08.30.060(h), 9.04.08.34.060(g), and 9.04.08.35.050(i) of the Santa Monica Zoning Ordinance require the filing of a Development Review Permit application for projects exceeding eleven thousand to thirty thousand square feet in floor area, depending on the zoning district; and WHEREAS, Section 9.04.10.14.030 of the Santa Monica Zoning Ordinance provides special housing development standards and incentives to facilitate the development of alternative housing development in the City, particularly affordable housing; and WHEREAS, a Development Review Permit application is required for the construction of certain projects for which the design, siting, and size could result in adverse impacts on the surrounding area such as development that is proposed to be built to a greater intensity and building height than generally permitted in the area; and WHEREAS, the development review process is designed to ensure that the development is compatible with and relates harmoniously with the surrounding neighborhood; and WHEREAS, a project that requires a development review permit is subject to public review by the Planning Commission, with appeal to the City Council, whereas a project below the development permit review threshold can be administratively approved; and 61 WHEREAS, the City itself is extremely dense with a land area of just eight square miles and a population of approximately 85,000 people. Additionally, about 300,000 people work in the City and approximately 500,000 people visit the City on weekends; and WHEREAS, during recent years, the City has experienced an unprecedented economic prosperity; and WHEREAS, some of the housing developers during this period have taken advantage of the opportunity to build multiple, large, identical or nearly identical projects on lots in close proximity pursuant to administrative approvals; and WHEREAS, while these projects helped the City achieve its goal of promoting housing, the impact upon residents and businesses of the building boom in general and the building of multiple identical or similar large projects on the same block has been substantial and dire; and WHEREAS, high development review thresholds have resulted in the administrative approval of projects adjacent to residential areas that are significantly out of scale with the adjoining neighborhoods and that create significant adverse impacts on these neighborhoods such as noise, traffic, parking, aesthetic, privacy, light and air, and shade and shadow; and WHEREAS, the ministerial nature of the approval process has resulted in the City’s inability to mitigate or address these impacts; and WHEREAS, reducing the development review threshold to 7,500 square feet would allow thorough review of the impacts of large projects and enable the public to participate in this review. Reducing the development review threshold would also ensure that administrative approval is only available to smaller scale developments which produce far fewer adverse impacts on nearby residential neighborhoods. However, adoption of this ordinance would not prohibit any uses currently authorized in the subject districts; and WHEREAS, reducing the development review threshold would not alter the City’s substantial commitment to promoting residential uses in non-residential zoning districts which is manifest in City policy and law; and WHEREAS, residential development in all of the City’s commercial districts would still be authorized. Thus, residential development could still occur in over 80% of the City’s acreage; and WHEREAS, City policy provides substantial development incentives for residential housing. For instance, in certain districts, certain floor area devoted to residential use is eligible to receive additional FAR (Floor Area Ratio); and WHEREAS, the City has eliminated the restriction on the number of stories that can be built if the structure contains at least one floor of residential use and has increased the maximum height of projects with a designated number of floors of residential use; and WHEREAS, the City’s Affordable Housing Production Program housing fees are also discounted for residential development in commercial areas; and WHEREAS, this ordinance exempts projects that are one hundred percent affordable to households with incomes of eighty percent of median income or less or projects that contain a minimum of eighty percent (80%) of floor area devoted to multi-family residential use provided that at least fifteen percent (15%) of the housing units are deed-restricted for households with incomes of eighty percent (80%) of median income or less or at least ten percent (10%) of the housing units are deed-restricted for households with incomes of sixty percent (60%) of median income or less. Projects in the C2 and CM districts which are required by the City’s Zoning Ordinance to devote more than twenty percent (20%) of floor area to pedestrian oriented uses 62 shall also be exempt if these projects contain the maximum percentage of multi-family residential use authorized by the Zoning Ordinance and the affordable units specified above; and WHEREAS, the ordinance’s exemptions for affordable housing projects and projects with a significant percentage of their units affordable to low income tenants advances several goals and policies of the City’s Housing Element including, but not limited to, Housing Element Policy 2.8 (Continue to provide development incentives and reduced planning fees for development of affordable housing); and WHEREAS, in light of the concerns expressed above, the City Council adopted Ordinance Number 1991 (CCS) on November 28, 2000, a forty-five day ordinance which modified the development review thresholds in the RVC, BCD, C2, C4, C5, C6, CM, CP, M1, and LMSD districts; and WHEREAS, Ordinance Number 1991 (CCS) also exempted certain housing projects from the modified Development Review thresholds; and WHEREAS, the City Council adopted Ordinance Number 1999 (CCS) on February 13, 2001, which extended the development review thresholds in the RVC, BCD, C2, C4, C5, C6, CM, CP, M1, and LMSD districts on an interim basis; and WHEREAS, Ordinance Number 1999 (CCS) expires on February 12, 2004; and WHEREAS, in preparing its 2000-2005 Housing Element, the City contracted with the policy, financial, and management consulting firm of Hamilton, Rabinovitz & Alschuler (“HR&A”). HR&A undertook an extensive review and analysis of numerous governmental programs, policies, and regulations to assess whether they operated as a constraint on housing development. One of the regulations analyzed was Ordinance No. 1999 (CCS); and WHEREAS, HR&A determined that Ordinance No. 1999 (CCS) did not operate as a constraint on housing development; and WHEREAS, that conclusion remains unchanged for the proposed ordinance; and WHEREAS, the Planning Commission considered the proposed text amendment on November 5, 2003 and voted to forward to the City Council a recommendation of approval of this request except the Planning Commission did not support allowing exempt projects to provide affordable housing off-site; and WHEREAS, the City Council held a pubic hearing on this proposed text amendment on December 9, 2003; and WHEREAS, the proposed text amendment is consistent in principle with the goals, objectives, policies, land uses, and programs specified in the adopted General Plan, specifically, Land Use Element Objective 1.2, which states that the City’s land use policies should seek to “ensure compatibility of adjacent land uses” in that the proposed amendment reduces the scale of developments eligible to be administratively approved so as to not produce adverse impacts on nearby neighborhoods; Land Use Element Objective 1.6 which states that the City’s land use policies should seek “to accommodate commercial uses which serve regional, community, and local needs while respecting the adjacent residential neighborhoods” in that the proposed amendment would ensure that development provides a more sensitive transition between commercial and residential uses and is compatible with the existing neighborhood context; and Housing Element Policy 2.8 which states that the City’s housing policies should seek to “continue to provide development incentives and reduced planning fees for development of affordable housing” in that the proposed amendment would exempt certain housing projects from the Development Review thresholds as well as continue to either provide FAR bonuses for the residential components of development projects or discount the residential floor area for the 63 purpose of calculating FAR, thereby continuing to provide development incentives for affordable housing; and WHEREAS, for the reasons detailed above, the City Council finds and declares that the public health, safety, and general welfare require the adoption of the proposed text amendment in that reducing the development review threshold will allow close review of the impacts of large projects ensure that detrimental impacts of these projects are adequately addressed, and enable the public to participate in this review, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: Santa Monica Municipal Code Section 9.04.08.12.060 is hereby amended to read as follows: Section 9.04.08.12.060 Property development standards . All property in the RVC District shall be developed in accordance with the following standards: Maximum Building Height and FAR. (a) Maximum building height, number of stories and floor area ratio shall be determined as follows: 64 Table 9.04.08.12.060 MAXIMUM 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 Deauville 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 1.0 b. Parcels fronting on Ocean Avenue. 30' 2 .5 c. Replacement of Sinbad's building only on the Santa Monica Pier. 40' 3 1.0 d. Amusement rides on the Santa Monica Pier. 85' for one Ferris Wheel; 55' for one Roller Coaster; 45' for all other amusement rides. West side of Ocean Avenue from Pico Boulevard to Seaside Terrace (Ocean Avenue Fronting Parcels Only). 45' 3 2.0 East side of Ocean Avenue to First Court from Colorado Avenue to California Avenue. 45' 3 2.0 For parcels located along the Pacific Coast Highway between the Santa Monica Pier and the north City limits. 23' 2 0.5 flat roof 30' pitched roof 65 (2) As used in this Section, a "pitched roof" is defined as a roof with at least two sides having no less than one foot of vertical rise for every three feet of horizontal run. The walls of the building may not exceed the maximum height required for a flat roof. (3) There shall be no limitation on the number of stories of any hotel, parking structure or Affordable Housing Project, as long as the height does not exceed the maximum number of feet permitted in this Section. Maximum building height for the pier platform shall be measured from the pier platform rather than average natural grade. (b) For parcels located along the Pacific Maximum Unit Density. Coast Highway between the Santa Monica Pier and the north City limits, those parcels greater than four 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 units shall be permitted except that one dwelling unit may be permitted if a single family dwelling existed on the parcel on September 9, 1988. No more than one dwelling unit shall be permitted on a parcel forty feet or less in width. Maximum Parcel Coverage. (c) Seventy percent except that for parcels located along the Pacific Coast Highway between the Santa Monica Pier and the north City limits, the maximum parcel coverage shall be fifty percent. Minimum Lot Size. (d) Five thousand square feet. Each parcel shall contain a minimum depth of one hundred feet and a minimum width 66 of fifty feet, except that parcels existing on September 9, 1988, shall not be subject to this requirement. Front Yard Setback. (e) (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 Pacific 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 Districting Map, whichever is greater. (2) At least thirty percent of the building elevation above fourteen feet in height shall provide an additional five-foot average setback from the minimum required front yard setback. Rear Yard Setback. (f) Fifteen feet, except that for parcels located along the Pacific Coast Highway between the Santa Monica Pier and the north City limits, the beach rear 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. Side Yard Setback. (g) The side yard setback shall be determined in accordance with the following formula, except for lots of less than fifty feet in width for which the side yard shall be ten percent of the parcel width but not less than four feet: 5'+ ( stories x lot width) 50' 67 For parcels located along the Pacific Coast Highway between the Santa Monica Pier and the north City limits, at least twenty-five percent of the side elevation above fourteen feet in height shall provide an additional four-foot average setback from the minimum side yard setback. Development Review. (h) Except for projects listed in Section Deleted: A 9.04.10.14.050, a development review permit is required for any Deleted: fifteen thousand development of more than seven thousand five hundred square feet of Deleted: on the Promenade, thirty thousand square feet of floor area in floor area and for any development with rooftop parking. Square footage all other areas of the District, devoted to residential use shall be reduced by fifty percent when calculating whether a development review permit is required. View Corridor. (i) For parcels located along the Pacific Coast Highway between the Santa Monica 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 corridor between Pacific Coast Highway and the ocean. The view corridor shall be a minimum of twenty continuous feet in width measured from the property line abutting and parallel to Pacific Coast Highway and shall remain unobstructed by any structure or portion thereof. Parking. (j) For parcels located along the Pacific Coast Highway between the Santa Monica 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. 68 Pedestrian Orientation. (k) Ground floor street frontage of each structure shall be designed with pedestrian orientation in accordance with Section 9.04.10.02.440 of this Chapter. Santa Monica Municipal Code Section 9.04.08.14.060 is hereby amended to read as follows Section 9.04.08.14.060 Property development standards . All property in the Broadway District shall be developed in accordance with the following standards: Maximum Building Height. (a) 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 of feet permitted in this Section. Maximum Floor Area Ratio. (b) The maximum floor area ratio shall be determined as follows: FAR if at Least Thirty Percent of Project is Residential, or if at Least Eighty Percent Parcel of the Project is a Square Footage FAR Grocery Store 0 - 15,000 1.0 1.5 15,001 - 22,500 0.90 1.3 22,501 and up 0.80 1.15 Minimum Lot Size. (c) Seven thousand five hundred square feet. Each parcel shall have minimum dimensions of fifty feet by one 69 hundred fifty feet, except that parcels existing on the effective date of this Chapter shall not be subject to this requirement. Front Yard Setback. (d) Landscaping as required pursuant to the provisions of Part 9.04.10.04. Rear Yard Setback. (e) None, except: (1) Where rear parcel line abuts a residential district, a rear yard equal to: 5' + (stories x lot width) 50' The required rear yard may be used for parking or loading to within 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 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 Part 9.04.10.04. (f) Side Yard Setback. None, except: (1) Where the interior side parcel line abuts a residential district, an interior side yard equal to: 5' + (stories x lot width) 50' 70 The interior side yard may be used for parking or loading to within five feet of 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 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 screening pursuant to the provisions of Part 9.04.10.04. (3) A ten-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 ten feet shall be permitted if provisions of the Uniform Building Code related to fire-rated openings in side yards are satisfied. Development Review. (g) Except for projects listed in Section Deleted: A 9.04.10.14.050, a development review permit is required for any Deleted: twenty-two thousand five hundred development of more than seven 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 fifty percent when calculating whether a development review permit is required. (h) Pedestrian Orientation. Ground floor street frontage of each structure shall be designed with pedestrian orientation in accordance with Section 9.04.10.02.440 of this Chapter 71 SECTION 3. Santa Monica Municipal Code Section 9.04.08.16.060 is hereby amended to read as follows: Section 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 build-to-line requirements pursuant to the provisions contained in Section 9.04.10.02.050. (b) Maximum Building Height. Two stories, not to exceed thirty feet. (c) Maximum Floor Area Ratio. The maximum floor area ratio shall be determined as follows: (1) C2 District other than Pico Boulevard: FAR if at Least Thirty Percent of Project is Residential, or if at Least Eighty Percent Parcel of the project is a Square Footage FAR Grocery Store 0 -- 7,500 .75 .75 7,501 -- 15,000 .50 .75 15,001 -- 22,500 .45 .65 22,501 and up .40 .55 (2) C2 on Pico Boulevard: FAR if at Least Thirty Percent of Project is Residential, or if at Least Eighty Percent Parcel of the project is a Square Footage FAR Grocery Store 0 -- 7,500 1.0 1.0 7,501 -- 15,000 0.70 1.0 15,001 -- 22,500 0.60 0.85 72 22,501 and up 0.50 0.75 Minimum Lot Size. (d) 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. Rear Yard Setback. (e) None, except: (1) Where rear parcel line abuts a residential district, a rear yard equal to: 5' + (stories × lot width) 50' The required rear yard may be used for parking or loading to within 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 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 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 Part 9.04.10.04. (f) Side Yard Setback. None, except: (1) Where the interior side parcel line abuts a residential district, an interior side yard equal to: 73 5' + (stories × lot width) 50' The interior side yard may be used for parking or loading to within 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 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 screening pursuant to the provisions of Part 9.04.10.04. (3) A ten-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 ten feet shall be permitted if provisions of the Uniform Building Code related to fire-rated openings in side yards are satisfied. Development Review. (g) Except for projects listed in Section Deleted: A 9.04.10.14.050, a Development Review Permit is required for any Deleted: eleven thousand development of more than seven thousand five hundred square feet of floor area. Square footage devoted to residential use shall be reduced by fifty percent when calculating whether a development review permit is required. 74 SECTION 4. Santa Monica Municipal Code Section 9.04.08.22.060 is hereby amended to read as follows: Section 9.04.08.22.060 Property development standards . There shall be no limitation on the number of stories 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 permitted in this Section. All property in the C4 District shall be developed in accordance with the following standards: (a) Maximum Height and Floor Area Ratio. (1) For parcels in the C4 District fronting on Lincoln Boulevard south of the Santa Monica Freeway, Pico Boulevard between Ocean Avenue and 4th Court, and Pico Boulevard between 7th Street and 11th Street, maximum height shall be two stories, not to exceed thirty feet, and the floor area ratio shall be determined as follows: FAR if at Least Thirty Percent of Project is Residential, or if at Least Eighty Percent of Parcel the Project is a Square Footage FAR Grocery Store 0 -- 7,500 1.0 1.0 7,501 -- 15,000 0.70 1.0 15,001 -- 22,500 0.60 0.85 22,501 and up 0.50 0.75 (2) For parcels in the C4 District fronting on Broadway, Santa Monica Boulevard, and 14th Street between Pico Boulevard and the Santa 75 Monica Freeway, the maximum height shall be two stories, not to exceed thirty feet, and the floor area ratio shall be determined as follows: FAR if at Least Thirty Percent of Project is Residential or Automobile Dealership with CUP, or if Parcel at Least Eighty Percent of Square Footage FAR the Project is a Grocery Store 0 -- 7,500 1.5 1.5 7,501 -- 15,000 1.0 1.5 15,001 -- 22,500 0.90 1.3 22,501 and up 0.80 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 stories, not to exceed forty-five feet, and the floor area ratio shall be determined as follows: FAR if at Least Thirty Percent of Project is Residential, or if at Least Eighty Percent Parcel of the Project is a Square Footage FAR Grocery Store 0 -- 7,500 1.5 1.5 7,501 -- 15,000 1.0 1.5 15,001 -- 22,500 0.90 1.3 22,501 and up 0.80 1.15 76 (4) For parcels in the C4 District fronting on Pico Boulevard between 21st Street and 31st Street, subject to Section 9.04.08.22.060(a)(5), the maximum height shall be two stories, not to exceed thirty feet, and the floor area ratio shall be determined as follows: 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 2.0 7,501 -- 15,000 1.0 1.5 2.0 15,001 -- 22,500 0.90 1.3 2.0 22,501 and up 0.80 1.15 2.0 (5) Subject to the approval of a Conditional Use Permit, a project on a City-owned parcel in the C4 District fronting on Pico Boulevard between 21st Street and 31st Street shall be permitted a FAR bonus and a height of three stories, 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 contain a minimum depth of one hundred fifty feet and a minimum width of fifty feet except that parcels existing 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 9.04.10.04. (d) Rear Yard Setback. None, except: 77 (1) Where rear parcel line abuts a residential district, a rear yard equal to: 5' + (stories × lot width) 50' The required rear yard may be used for parking or loading to within 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 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 Part 9.04.10.04. (e) Side Yard Setback. None, except: (1) Where the interior side parcel line abuts a residential district, an interior side yard equal to: 5' + (stories × lot width) 50' The interior side yard may be used for parking or loading to within 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 78 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 screening pursuant to the provisions of Part 9.04.10.04. (3) A ten-foot setback from an interior side 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 ten feet shall be permitted if provisions of the Uniform Building Code related to fire-rated openings in side yards are satisfied. Development Review. (f) Except for projects listed in Section Deleted: A 9.04.10.14.050, a Development Review Permit is required for any Deleted: twenty-five thousand development of more than seven thousand five hundred square feet of Deleted: , except that for applications involving the demolition floor area and for any development with rooftop parking. Square footage and replacement of an existing single purpose grocery store on a parcel which is not adjacent to a residentially devoted to residential use shall be reduced by fifty percent when zoned district, with a store which has a minimum of twenty-five thousand square feet of floor area, only a net calculating whether a development review permit is required. new floor area addition of more than twenty-five thousand square feet shall be subject to Development Review SECTION 5. Santa Monica Municipal Code Section 9.04.08.24.060 is hereby amended to read as follows: Section 9.04.08.24.060 Property development standards. All property in the C5 District shall be developed in accordance with the following standards: (a) Maximum Building Height. Three stories, not to exceed forty-five feet. There shall be no limitation on the number of stories of any parking structure 79 so long as the height does not exceed the number of feet permitted in this Section. (b) Maximum Floor Area Ratio. The maximum floor area ratio shall be determined as follows: Parcel Square Footage FAR 0 -- 22,500 1.0 22,501 and up 0.75 Minimum Lot Size. (c) Fifteen thousand square feet. Each parcel shall contain a minimum depth of one hundred fifty feet and a minimum width of one hundred feet except that parcels existing on the effective date of this Chapter shall not be subject to this requirement. Front Yard Setback. (d) Twenty feet minimum depth from any public right-of-way or the transportation right-of-way. Rear Yard Setback. (e) None, except: (1) Where rear parcel line abuts a residential district, a rear yard equal to: 5' + (stories × lot width) 50' The required rear yard may be used for parking or loading within 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 is erected and maintained along the rear commercial line. Access driveways shall be permitted to perpendicularly cross the required rear yard provided the driveway does 80 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 Part 9.04.10.04. (f) Side Yard Setback. None, except: (1) Where interior side parcel line abuts a residential district, an interior side yard equal to: 5' + (stories × lot width) 50' The interior side yard may be used for parking or loading no closer than to 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 required interior side yard shall not be used for access or for commercial or manufacturing purposes. (2) That needed to accommodate landscaping required for a street side yard, landscape buffer and screening pursuant to the provisions of Part 9.04.10.04. (3) A ten-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 ten feet shall be permitted if provisions of the Uniform Building Code related to fire-rated openings in side yards are satisfied. 81 (g) Development Review. Except for projects listed in Section Deleted: A Development Review Permit is required for any 9.04.10.14.050, a Deleted: thirty thousand development of more than seven thousand five hundred square feet of floor area and any development with rooftop parking. Square footage devoted to residential use shall be reduced by fifty percent when calculating whether a development review permit is required. SECTION 6. Santa Monica Municipal Code Section 9.04.08.26.060 is hereby amended to read as follows: Section 9.04.08.26.060 Property development standards . All property in the C6 District shall be developed in accordance with the following standards: Maximum Building Height. (a) Three stories, not to exceed forty-five feet. There shall be no limitation on the number of stories 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 permitted in this Section. Maximum Floor Area Ratio. (b) The maximum floor area ratio shall be determined as follows: FAR if at Least Thirty Percent of Project is Residential, or if at Least Eighty Percent Parcel of the Project is a Square Footage FAR Grocery Store 0 -- 7,500 2.0 2.0 7,501 -- 15,000 1.4 2.0 15,001 -- 22,500 1.2 1.75 22,501 and up 1.0 1.5 82 Minimum Lot Size (c) . Seven thousand five hundred square feet. Each parcel shall contain a minimum depth of one hundred fifty feet and a minimum width of fifty feet, except that parcels existing on the effective date of this Chapter shall not be subject to this requirement. Front Yard Setback (d) . Landscaping as required pursuant to the provision of Part 9.04.10.04. Rear Yard Setback (e) . None, except: (1) Where rear parcel line abuts a residential district, a rear yard equal to: 5' + (stories × lot width) 50' The required rear yard may be used for parking or loading to within 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 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 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 Part 9.04.10.04. (f) None Side Yard Setback. , except: (1) Where the interior side parcel line abuts a residential district, an interior side yard equal to: 83 5' + (stories × lot width) 50' The interior side yard may be used for parking or loading to within 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 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. (2) That needed to accommodate landscaping required for a street side yard, landscape buffer and screening pursuant to the provisions of Part 9.04.10.04. (3) A ten-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 ten feet shall be permitted if provisions of the Uniform Building Code related to fire-rated openings in side yards are satisfied. Development Review. (g) Except for projects listed in Section Deleted: A 9.04.10.14.050, a Development Review Permit is required for any Deleted: thirty thousand development of more than seven thousand five hundred square feet of Deleted: , except that for applications involving the demolition floor area and any development with rooftop parking. Square footage and replacement of any existing single purpose grocery store on a parcel which is not adjacent to a devoted to residential use shall be reduced by fifty percent when residentially zoned district, with a store which has a minimum of twenty- five thousand square feet of floor calculating whether a development review permit is required. area, only a net new floor area addition of more than thirty thousand square feet shall be subject to Development Review 84 SECTION 7. Santa Monica Municipal Code Section 9.04.08.28.060 is hereby amended to read as follows: Section 9.04.08.28.060 Property development standards. For purposes of property development standards, there shall be three zoning classifications within the CM district: CM-2, CM-3 and CM-4. All property in the CM District shall be developed in accordance with the following standards: (a) Maximum Building Height and FAR. Maximum building height, number of stories and floor area ratio shall be determined 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 maximum building height, number of stories, and floor area ratio shall be: Max. Max. No. Of Max. Max. FAR Project if 30% of the HeightStories FAR is Residential 27'2.81.0 (2) For all other parcels in the CM District, maximum building height, number of stories and floor area ratio shall be: Max Max. Max. HeightNo. Of FAR Stories CM-2 27’ 2 1.5 CM-3 35’ 3 2.0 CM-4 35’ 3 2.0 85 (3) Notwithstanding the above, property in the CM-4 District may be developed to a maximum height of forty-seven feet, four stories 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; (ii) The fourth floor is set back a minimum of ten feet from the third floor street frontage(s); (iii) The fourth floor is set back a minimum of five feet from the third 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; (vi) The front yard setback at the ground floor level is double that required pursuant to subsection (b) of this Section. (4) There shall be no limitation on the number of stories of any structure whose floor area contains fifty percent or more residential uses as long as the height does not exceed the maximum number of feet permitted in the zoning classification 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 calculating the FAR of any structure within the CM District, multi-residential units devoted strictly to apartment residential uses shall be computed at one-half the actual total floor area. 86 (b) Front Yard Setback. (1) For parcels with frontage on Second Street and which abut residentially zoned property on at least one side yard, on that portion of the parcel located within 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, if the roof does not exceed a height of fourteen feet and the porch width does not exceed forty percent of the building width at the front of the building. (2) For all other parcels in the CM 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 maintained. Such yard shall have a minimum depth as follows: (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 within five feet of the rear property line is not more than nine feet in height and is fully enclosed, i.e., without windows, doors or ventilation openings permitting visual access to adjoining residential property. Any portion of the first floor that either exceeds nine feet in height or is not fully enclosed shall be at least five feet from the rear property line. The minimum rear yard requirement for the second-story portion of a two-story structure shall be twenty feet. 87 (i) Use of Rear Yard. Commercial use in the required rear yard is not permitted. Noncommercial uses and parking are permitted in the rear yard to the rear property line on the ground level. (ii) Use of Roof in Rear Yard. No portion of the first-floor roof within fifteen feet of the rear property line may be used for any purpose other than access for building maintenance and repair. The remaining setback area may be privately used (not open to the public) if enclosed with a solid six-foot barrier. (iii) Exception. There shall be no rear yard setbacks required where existing parking improvements and common ownership extend through to Second Street. (2) CM-2 District, West of the Centerline of Main Street. No rear yard shall be required for a one-story structure, provided that any portion of the first-floor structure which is within five feet of the rear property line does not exceed nine feet in height. Any portion of the first floor that exceeds nine feet in height shall be at least five feet from the rear property line. The minimum rear yard requirement for the second story of a two-story structure shall be five feet. (3) CM-3 District. Rear yard requirements in the CM-3 District shall be the same as those required in the CM-2 District, west of the centerline of Main Street, for one and two story structures. A minimum fifteen-foot rear yard setback for any portion of a third story is required. (4) CM-4 District. No rear yard setback is required except as may be required in subsection (a) of this Section.. Side Yard Setback. (d) None, except where the interior side parcel line abuts a residential district. In those cases, an interior side yard shall be provided equal to: 88 5' + (stories × lot width) 50' On lots of less than fifty feet in width, the side yard shall be ten percent of the parcel width but not less than five feet. (e) Development Review. Except for projects listed in Section Deleted: A 9.04.10.14.050, a development review permit is required for any development of Deleted: eleven thousand more than seven thousand five hundred square feet of floor area. Square footage devoted to residential use shall be reduced by fifty percent when calculating whether a development review permit is required. SECTION 8. Santa Monica Municipal Code Section 9.04.08.30.060 is hereby amended to read as follows: Section 9.04.08.30.060 Property development standards . All property in the CP District shall be developed in accordance with the following standards unless otherwise provided in the Hospital Area Specific Plan: (a) Maximum Building Height . Maximum building height, number of stories, and floor area ratio shall be determined as follows: Table 9.04.08.30.060 With Approval of a Development Review Permit Max.Max. No.Max.Max.Max. No.Max. Heightof StoriesFARHeightof StoriesFAR CP3 45' 3 1.5 -- -- -- CP5 45' 3 1.5 70' 5 2.5 There shall be no limitation on the number of stories of any hotel, detached parking structure or Affordable Housing Project as long as the 89 height does not exceed the maximum number of feet permitted in this Section or as allowed by Section 9.04.10.14.030(a) of this Chapter. (b) The main hospital campus of Saint John’ s Hospital and Health Center shall be divided into 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 District in which at least half of the spaces are provided to address an existing parking space deficiency or are replacing existing parking shall not be subject to FAR limitations, but shall be required to meet all other development standards for the area. (d) Minimum Lot Size . Seventy-five hundred square feet. Each parcel shall contain a minimum 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 requirement. (e) Front Yard Setback . As shown on the Official Districting 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: ? 5' + (stories lot width) 50' The required rear yard may be used for parking or loading to within 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 is erected and maintained along the rear commercial parcel line. 90 Access driveways shall be permitted to cross perpendicularly 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 Part 9.04.10.04. (g) Side Yard Setback . None, except: (1) Where the interior side parcel line abuts a residential district, an interior side yard equal to: ? 5' + (stories lot width) 50' The interior 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 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. (2) That needed to accommodate landscaping required for a street side yard, landscape buffer and screening pursuant to the provisions of Part 9.04.10.04. (3) A ten-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 ten feet shall be permitted if provisions of the Uniform Building Code related to fire-rated openings in side yards are satisfied. (h) Development Review . Except for projects listed in Section 9.04.10.14.050, a Development Review Permit is required for any development of more Deleted: A than seven thousand five hundred square feet of floor area, for any development with Deleted: twenty-two thousand five rooftop parking, and to heights and floor area ratios in Section 9.04.08.30.060(a). Square hundred footage devoted to residential use shall be reduced by fifty percent when calculating whether a development review permit is required. (i) All new commercial development in this District shall provide free employee parking and a minimum one hour free visitor parking unless a preferential parking zone exists or is established in the area of the development and the City finds that the preferential parking district will adequately mitigate potential adverse on-street parking impacts of the development, or if otherwise provided in the Hospital Area Specific Plan. SECTION 9. Santa Monica Municipal Code Section 9.04.08.34.060 is hereby amended to read as follows: Section 9.04.08.34.060 Property development standards. All property in the M1 District shall be developed in accordance with the following standards: (a) Maximum Building Height. Two stories and thirty feet or with approval of a Development Review Permit for artist studios only, three stories and forty-five feet. For 91 recreational facilities associated with public or private primary or secondary schools, two stories and forty-five feet. Within fifty feet of a residential district, no portion of any structure shall exceed the maximum permitted height of the adjoining residential district. There shall be no limitation on the number of stories of any detached parking structure so long as the height does not exceed the number of feet permitted in this Section. (b) Maximum Floor Area Ratio. 1.0 or 1.5 for development of artist studios with approval of a Development Review Permit. (c) Minimum Lot Size. Fifteen thousand square feet. Each parcel shall contain a minimum depth of one hundred fifty feet and a minimum width of one hundred 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 provision of Part 9.04.10.04. (e) Rear Yard Setback. None, except: (1) Where the rear parcel line abuts a residential district, a rear yard equal to: 5' + (stories x lot width) 50' The required rear yard may be used for parking or loading to within 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 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 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 Part 9.04.10.04. (f) Side Yard Setback. None, except: (1) Where the interior side parcel line abuts a residential district, an interior side yard equal to: 5' + (stories x lot width) 50' The interior 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 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. (2) That needed to accommodate landscaping required for a street side yard, landscape buffer and screening pursuant to the provisions of Part 9.04.10.04. (3) A ten-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 ten feet shall be permitted if provisions of the Uniform Building Code related to fire-rated openings in side yards are satisfied. Development Review. (g) Except for projects listed in Section 9.04.10.14.050, a Development Review Permit is required for any development of Deleted: A 92 more than seven thousand five hundred square feet of floor area and any Deleted: thirty thousand development with rooftop parking. Square footage devoted to residential use shall be reduced by fifty percent when calculating whether a development review permit is required. SECTION 10. Santa Monica Municipal Code Section 9.04.08.35.050 is hereby amended to read as follows: Section 9.04.08.35.050 Property development standards . All property in the Light Manufacturing and Studio District shall be developed in accordance with the following standards: (a) Maximum Building Height. The maximum building height shall be two stories, not to exceed thirty feet, except the following projects may have a maximum height of four stories, forty-five feet: (1) Projects involving the expansion of public or private elementary and secondary schools (Grades K through 12) existing prior to September 8, 1988; (2) Entertainment-related facilities including sound stages, movie studios, editing facilities, post-production facilities, set construction facilities and special effects facilities; (3) Theaters. There shall be no limitation on the number of stories of any detached parking structure so long as the height does not exceed the number of feet permitted in the district. (b) Maximum Floor Area Ratio. Maximum floor area ratio shall be 1.0, except the following projects may have a floor area ratio of 1.5: 93 (1) Projects involving the expansion of public or private elementary and secondary schools (Grades K through 12) existing prior to September 8, 1988; (2) With approval of a development review permit, projects including artist studios, provided the additional .5 floor area ratio is devoted to artist studio use, and the commercial square footage does not exceed 1.0 floor area ratio. (c) Minimum Lot Size. The minimum lot size shall be fifteen thousand square feet, each lot shall contain a minimum depth of one hundred fifty feet and a minimum width of one hundred feet, except that lots existing on the effective date of the ordinance codified in this Chapter shall not be subject to this requirement. (d) Front Yard Setback. All landscaping shall be in accordance with the provisions of Part 9.04.10.04 of this Code. (e) Rear Yard Setback. No rear yard setback shall be required except: (1) Where the rear parcel line abuts a residential district, a rear yard equal to: 5' + (stories × lot width) 50' shall be required. The required rear yard may be used for parking or loading to within 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 is erected and maintained along the rear commercial parcel line. Access shall be permitted to cross 94 perpendicularly 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) Such rear yard setback as is necessary to accommodate landscaping and screening for a rear yard buffer required pursuant to the provisions of Part 9.04.10.04 of this Code. (f) Side Yard Setback. No side yard setback shall be required except: (1) Where the interior side parcel line abuts a residential district, an interior side yard equal to: 5' + (stories × lot width) 50' shall be required. The interior 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 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; (2) Such side yard setback as is needed to accommodate landscaping required for a street side yard, landscape buffer and screening pursuant to the provisions of Part 9.04.10.04 of this Code. (3) For portions of buildings that contain windows, doors, or other openings into the interior of the building, a ten-foot setback from an interior property line shall be required. An interior side yard setback of less than 95 ten feet shall be permitted if provisions of the Uniform Building Code related to fire-rated openings in side yards are satisfied. Building Stepback. (g) Building stepbacks shall be provided pursuant to the requirements of Section 9.04.10.02.040, unless the Architectural Review Board finds that modification or elimination of this requirement 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 requirement are satisfied by the provision of alternative stepbacks or other building features which reduce effective mass to a degree comparable to other relevant standards. (h) Olympic Boulevard Setback. Buildings shall be setback a minimum of twenty feet from Olympic Boulevard. Development Review. (i) Except for projects listed in Section Deleted: A 9.04.10.14.050, a development review permit is required for any Deleted: thirty thousand development of more than seven thousand five hundred square feet of floor area, for any development with rooftop parking, and for projects which include artist studios with a 1.5 floor area ratio, provided the additional .5 floor area ratio is devoted to artist studio use, and the commercial square footage does not exceed 1.0 floor area ratio. Square footage devoted to residential use shall be reduced by fifty percent when calculating whether a development review permit is required. SECTION 11. Section 9.04.10.14.050 is hereby added to the Santa Monica Municipal Code to read as follows: 96 Section 9.04.10.14.050 Exemptions from Development Review thresholds. The following projects located in the RVC, BCD, C2, C4, C5, C6, CM, CP, M1, and LMSD Districts shall be exempt from Development Review thresholds: (a) Projects that contain a minimum of eighty percent (80%) of floor area devoted to multi-family residential use provided that at least fifteen percent (15%) of the housing units are deed-restricted for households with incomes of eighty percent (80%) of median income or less or at least ten percent (10%) of the housing units are deed-restricted for households with incomes of sixty percent (60%) of median income or less. (b) Affordable housing projects in which one hundred percent (100%) of the housing units are deed-restricted for households with incomes of eighty percent (80%) of median income or less. (c) Projects in the C2 and CM districts which are required by the City’s Zoning Ordinance to devote more than twenty percent (20%) of floor area to pedestrian oriented uses shall also be exempt if these projects contain the maximum percentage of multi-family residential use authorized by the Zoning Ordinance and meet the affordable housing unit requirement of subsection (a) of this Section. (d) The affordable housing units required to qualify for the exemption from the development review threshold established by 97 subsections (a) or (c) of this Section may be provided off-site if the units are developed in accordance with the requirements of Section 9.56.060. SECTION 12. 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, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 13. 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. SECTION 14. 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: _________________________ MARSHA JONES MOUTRIE City Attorney 98