SR-400-005-13 (12)PCD:AA:AS:F:\CityPlanning\Share\COUNCIL\STRPT~2006\Downtown DesignFeb06.doc
Council Mtg: February 28, 2006 Santa Monica, California
TO: Mayor and Councilmembers
FROM: City Staff
SUBJECT: Introduction and First Reading of an Ordinance Implementing
Modifications to Downtown Design and Development Standards
INTRODUCTION
This report recommends that the City Council introduce for first reading an ordinance to
implement revisions to the design, development and off-street parking standards for the
Downtown. The ordinance, which proposes modifications to ground floor commercial
spaces, landscaping, off-street parking standards, and construction standards for
buildings adjacent to historic resources, is included as Attachment A.
BACKGROUND
On September 13, 2005, the Council conducted a public hearing regarding potential
revisions to the design and development standards for the Downtown. Following the
public hearing and discussion, Council directed staff to return with an ordinance that
would modify the Downtown design and development standards in the following areas:
1. Require minimum 18-foot floor-to-floor heights on the ground level of buildings in
the Bayside (BSC) District and 15-foot floor-to-floor ground level heights in the
C3 (Downtown Commercial) and C3C (Downtown Overlay) districts;
2. Modify the landscaping requirements in the C3 and C3C districts;
3. Modify the off-street parking requirements for small markets and restaurants;
4. Modify the access requirements for off-street parking;
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5. Require delineation between the ground floor and upper levels in the design of
street-front building facades;
6. Address the treatment of new construction that is adjacent to structures that are
considered historic resources; and
7. Review the proposed standards and their impacts on the development of places
of worship.
On November 8, 2005 the Council conducted another public hearing to consider the
revised ordinance prepared by staff pursuant to Council's direction. Following the public
hearing and discussion, Council directed staff to return with an ordinance that would
include additional modifications to the Downtown design and development standards in
the following areas:
1. Require a minimum 15-foot floor-to-floor height at the ground floor to
accommodate commercial uses within the front 50 feet of buildings in the C3 and
C3C districts, except that in the C3 district along Seventh Street, this requirement
would apply to the front 25 feet;
2. Require that the ground-floor commercial space be designed to minimize the
change in elevation between the sidewalk and the finished floor;
3. Modify the landscaping requirement in the C3 and C3C districts to limit
landscaping to low-level plantings that do not exceed the height of the ground-
floor storefront window sill;
4. Explore options for exempting places of worship from certain standards;
5. Simplify or delete the ordinance language that requires a"clear delineation"
between the ground floor and upper floors of buildings in the Downtown; and
6. Explore options to exempt projects already submitted for City review from the
new standards and to allow extensions to processing times where appropriate.
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This direction from Council was, in part, a response to recommendations forwarded by
the Architectural Review Board to the Council prior to the November 8, 2005 Council
meeting.
ANALYSIS
Minimum qround-level floor-to-floor heiqhts:
On September 13, 2005, the Council directed staff to prepare ordinance language to
require minimum 18-foot floor-to-floor heights on the ground level of buildings in the
Bayside (BSC) District and 15-foot floor-to-floor ground-level heights in the C3
(Downtown Commercial) and C3C (Downtown Overlay) districts. The minimum ground-
level heights are intended to enhance pedestrian orientation and better accommodate
street-oriented uses such as retail and restaurants which require higher ceilings to
account for such things as venting and duct work and to allow for mezzanine levels,
particularly within restaurants.
On November 8, 2005, the Council directed staff to modify these standards to be
consistent with the Architectural Review Board (ARB) recommendation that a minimum
15-foot floor-to-floor height at the ground level be required within the front 50 feet of
buildings in the C3 and C3C districts, except that in the C3 district along Seventh Street,
this requirement would apply to the front 25 feet. Affordable housing projects would
continue to be exempt from these provisions, consistent with the proposed ordinance
considered by the Council on November 8th.
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Existing development standards in the Downtown limit the building height but not the
number of stories if at least one floor is residential. Without an accommodation for
additional building height, the increased ground-floor heights for the entire ground floor
as previously directed by Council could result in one fewer floor of development in the
Downtown as the upper floors are "squeezed" to accommodate the ground levels with
greater floor-to-floor heights. The squeeze is not expected to create adverse impacts on
the production of housing, except on Seventh Street, where building heights are
currently limited to 50 feet. However, by limiting the increased ground-floor height to
only the front 25-foot portions of buildings proposed along Seventh Street, the potential
loss of housing is expected to be minimized.
Grade level of qround-floor commercial spaces
The Council also expressed concern regarding the grade level of ground-floor
commercial spaces relative to the adjacent sidewalk and the objectives for enhanced
pedestrian orientation in the Downtown. Because the grade in the Downtown generally
slopes from northeast to southwest, grade level changes from sidewalk to ground-floor
commercial spaces can be problematic. Council directed staff to consider ordinance
language to address this issue.
Staff has identified three potential design approaches to the issue:
1. Require that the ground floor entries be at the same grade as the adjacent
sidewalk and that the finished floor level of the ground floor commercial space be
no more than six inches above or below the grade of the adjacent sidewalk. This
design approach could lead to split-slab buildings that are more expensive to
build and could result in smaller individual tenant spaces that could limit the
ability of the property owner to lease the ground floor space.
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2. Require that the ground floor entries be at the same grade as the adjacent
sidewalk and that the finished floor level of the ground floor commercial space be
no more than six inches above or below the averaqe grade of the adjacent
sidewalk. This design approach could alleviate the creation of split-slab buildings
and allow for a uniform ground floor grade level.
3. Require that the ground-floor commercial spaces be designed in manner to
ensure that there is a minimal change in the elevation from the sidewalk to the
finished floor of the commercial space.
Staff has included the language suggested in the second option above because it could
alleviate the potential for split-slab buildings. In addition, the City Attorney's Office has
advised that the third approach may be inappropriate because the language ("minimal")
is too subjective. Objective standards are accomplished with the six-inch benchmark
noted in the first and second alternatives.
Modify the landscapinq repuirements in the C3 and C3C districts:
The Council also discussed the impacts of required site landscaping on the pedestrian
environment in the Downtown and directed staff to include language in the ordinance
that would modify the landscaping requirements in the C3 and C3C districts. The
Council's latest direction to staff was to modify the requirements for landscaping in the
context of the pedestrian orientation of the area and limit the height of plantings in front
of storefront windows.
Recommended ordinance language related to this approach reads as follows:
Subject to the review and approval of the Architectural Review Board, a
landscaped area of 25 square feet per 50 feet of parcel street frontage shall be
provided and incorporated into the pedestrian-oriented design elements required
pursuant to Section 9.04.10.02.440. The required area may be provided in any
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configuration except that landscaping shall be required in front of blank walls
along the building's street-front. Landscaping located in front of storefront
windows shall be low-growing species that at maturity will not exceed the height
of the adjacent storefront window sill.
Staff recommends that the Architectural Review Board be permitted to modify these
requirements if specified findings can be made.
Repuire delineation between qround f/oors and upper levels in street-front desiqn:
In September, Council directed staff to propose ordinance language that would require
a clear street-front distinction between the ground floor and upper floors of buildings.
Council considered the following ordinance language on November 8, 2005:
In any new building or existing building with a reconstructed street-front facade,
there shall be a clear delineation between the ground floor and the upper f/oors
which is complementary to the overall design of the building fa~ade. Such
delineation may include, but is not limited to, design elements such as
articulation, change in plane, change in colors and materials or fenestration.
Following its review, Council directed staff to simplify the above paragraph in
recognition of the fact that the proposed requirement for higher ground-floor floor-to-
floor heights, in concert with the pedestrian-oriented design requirements which result in
sidewalk entrances and increased glazing at the ground floor, may be sufficient to
create the desired delineation. Staff recommends deleting this paragraph, as the other
requirements will help achieve this objective.
If Council desires some language related to variation of the ground floor, the
requirement could be simplified by changing "delineation" to "distinction" and remove
the list of ways to create distinction, as follows:
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In any new building or existing building with a reconstructed street-front facade,
there shall be a clear architectural distinction between the ground floor and the
upper f/oors which is complementary to the overall design of the building fa~ade,
subject to the review and approval of the Architectural Review Board.
This approach would leave it up to the ARB to determine if the distinction has been
made between floors.
Review impact of proposed standards on places of worship:
In response to concerns raised by representatives of a church located in the Downtown,
Council directed staff to explore exempting places of worship from the new development
and design standards. The church representatives proposed exempting houses of
worship of no more than two stories from the existing requirements for upper-level
stepbacks, proposed standards for design differentiation between the ground-level and
upper-floors and existing standards for pedestrian-oriented design. (As discussed
above, staff recommends that the language regarding design differentiation be deleted
from the proposed ordinance.) The following language would provide for an exemption
from the upper-level stepback and pedestrian-oriented design requirements:
Places of worship containing no more than two stories in the C3 and C3C
Districts shall be exempt from the upper-level stepback requirements of Section
9.04.10.02.050 and the pedestrian-oriented design requirements of Section 9.04-
10. 02. 440.
Creating a carte blanche exemption from these standards for places of worship could
result in box-like structures that adversely affect the pedestrian environment in the
Downtown, particularly at the street level. While certain churches may have
requirements that do not allow them to meet the standards, staff is not aware of a
universal reason why places of worship could not comply with these standards. Existing
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development standards include provisions allowing for the ARB to approve
modifications to the standards for pedestrian-oriented design and the proposed
ordinance allows for modifications to the minimum ground-floor heights where
appropriate for any building. Staff supports this individualized approach, rather than
exempting all places of worship based on the needs of one particular church. In order to
fully support the church's request for flexibility, adoption of the following language would
provide relief from the upper-level stepback requirements upon review by the Planning
Commission or Architectural Review Board:
9.04.10.02.040 Building volume envelope.
All new buildings and additions to existing buildings shall not project beyond the
building volume envelope. The building volume envelope shall consist of a theoretical
plane beginning at the street frontage extending to a height of thirty feet. Buildings
above two stories or thirty feet shall comply with the following setbacks at the street
frontage:
Any portion of a structure between thirty-one to forty-five feet: Nine-foot average
setback
Any portion of a structure between forty-six to fifty-six feet: Eighteen-foot average
setback
Any portion of a structure between fifty-seven to eighty-four feet: Twenty-seven-
foot average setback.
The Planning Commission, or the Architectural Review Board in the absence of
Planning Commission review, may modify the requirements of this section if the
following findings of fact can be made in an affirmative manner.~
(1) That the strict application of the provisions of this Chapter would result in
practical difficulties or unnecessary hardships inconsistent with the general purpose and
intent of this Chapter or that there are exceptional circumstances or conditions
applicable to the proposed development that do not apply generally to other
developments covered by this Chapter, and
(2) That the granting of an exception would not adversely affect surrounding
properties or be detrimental to the district's pedestrian-oriented environment.
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Exempt Proiects Alreadv Submitted for Citv Review
The Council also directed staff to explore ordinance language that exempts projects
already under review by the City and allows for extensions to processing times for those
projects. The proposed ordinance includes language that the new standards would
apply to projects whose applications are deemed complete following the effective date
of the ordinance. Current projects with complete applications would not be subject to
the new requirements.
With regard to projects whose applications or entitlements have expired, the projects
are required to comply with current standards. When the provisions of Ordinance
No.2124 (CCS) were first adopted, staff is aware of only one project whose
entitlements expired and was subsequently required to comply with the provisions of the
interim ordinance. In this case, the delay in the processing of the project was not
caused by any City action or inaction. Therefore, staff does not believe that the
proposed ordinance will have significant impacts on projects in the Downtown that were
designed prior to the effective date of the ordinance. However, if the Council wishes to
allow for extension of expired permits pursuant to the standards in place when an
application was originally submitted, it could be accomplished pursuant to the following
ordinance language:
Projects whose applications have been submitted to the City prior to the effective
date of this ordinance are not subject to the standards contained herein and may
receive extensions to processing and permit timelines notwithstanding this
change in law.
Other Ordinance Elements
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Other design standard modifications that were reviewed by Council on
November 8, 2005, including standardized off-street parking requirements, standards
for construction adjacent to historic resources, limitations on non-alley driveways, and
maintaining the development review threshold, are included in the ordinance and
detailed in the November 8, 2005 staff report (Attachment C).
Architectural Review Board input
As noted above, the ARB forwarded recommendations to the Council for its November
8, 2005 hearing on the proposed Downtown development and design standards. The
Council incorporated most of the recommendations of the ARB into its direction to staff.
The ARB re-considered the revised ordinance that reflects this direction at their January
23, 2006 meeting. The Board re-affirmed their previous recommendations and offered
an additional recommendation to require minimally sized pedestrian-oriented uses in the
C3 district. Consistent with the recommended minimum ground level floor-to-floor
heights, the ARB suggests that pedestrian-oriented uses be required on the ground
floor a minimum of fifty-feet from the front of the buildings on 6t" Street and twenty-five
feet on 7t" Street. In addition, the ARB recommends that the following standards be
adopted for these ground floor spaces:
Parcel Frontaqe Minimum Size of Pedestrian-Oriented Space
6t" Street 50-feet 2,500 square feet
100-feet 5,000 square feet
7tn Street 50-feet 1,250 square feet
100-feet 2,500 square feet
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These minimum standards would ensure that non-commercial uses such as residential
lobbies, stairways, exits, etc. would not reduce the size of the ground floor pedestrian-
oriented uses and allow architects flexibility in the design of ground floor spaces. The
ordinance language would read as follows:
Parcels in the C3 district are required to have ground-floor pedestrian-oriented
uses to a minimum depth of fifty (50) feet from the building front, except that on
parcels with 7t" Street frontage, the requirement shall be to a minimum depth of
twenty-five (25) feet from the building front. The pedestrian-oriented spaces shall
be provided in accordance with the following formula:
Parcel Frontaqe Minimum Size of Pedestrian-Oriented
6t" Street 50-99 feet 2, 500 square feet
100-feet or more 5, 000 square feet
7~" Street 50-99 feet 1, 250 square feet
100-feet or more 2, 500 square feet
Affordable housing projects as defined in Section 9.04.02.030.025 shall not be
subject to this subsection.
The area of the Downtown along 6t" and 7t" Streets is quite different than that most
adjacent to the Third Street Promenade along 2nd 4tn and 5t" Streets. It serves as a
transitional area between the core of the Downtown and the commercial area along
Lincoln Boulevard. In recognition of this, Land Use Element Policy 1.3.4 requires
ground floor pedestrian-oriented uses within the Downtown area from 2nd Street to 5th
Street, but only requires pedestrian-oriented design along 6t" and 7t" Streets. Therefore,
staff believes that modifying land uses at the ground level in the C3 district is an issue
that is outside of the scope of Council's direction to modify design standards in the
Downtown. The changes in the Downtown, in particular the substantial increase in the
number of residential units over the past ten years, require that the City re-examine the
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mix of ground-floor land uses on 6t" and 7t" Streets that are allowed by Code.
However, this issue is best incorporated as part of the Land Use Element and Zoning
Ordinance update which will consider the entirety of the Downtown and the surrounding
areas and the role that 6t" and 7t" Streets will play in the future. As some of these mid-
block commercial spaces may have limited viability as pedestrian-oriented uses (retail
and restaurants), it could result in long-term vacancies, and resultant negative effects
on the pedestrian environment. In addition, it could limit the richness of activity in the
Downtown that comes from a variety of pedestrian-oriented uses mixed with other
commercial uses, such as insurance offices, local business organizations, architecture
studios, etc. Nevertheless, if the Council wants to require ground floor pedestrian-
oriented uses on 6t" and 7t" Streets, staff suggests the following two approaches also be
considered:
Repuire Ground-floor Pedestrian-Oriented Uses at Intersections Only
The ARB recommendation requires ground-floor pedestrian-oriented uses on all parcels
on 6t" and 7t" Streets in the C3 district. These uses may not be as viable in the mid-
block areas, but may make sense on those corner parcels at Colorado Avenue,
Broadway, Santa Monica Boulevard and Arizona Avenue. Ordinance language could
read as follows:
Corner parcels in the C3 district are required to have ground-floor pedestrian-
oriented uses to a minimum depth of ~ft~ (50) feet from the streetfront
property lines, except that on parcels with 7t Street frontage, the requirement
shall be to a minimum depth of twenty-five (25) feet from the streetfront
property lines. Affordable housing projects as defined in Section
9.04.02.030.025 shall not be subject to this subsection.
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Ground-floor pedestrian-oriented uses at the street corners of the Downtown will have
much more visibility, viability and marketability. However, parcels that are 50 feet in
width which typically have ground-level parking may experience design difficulties.
Repuire Ground-floor Pedestrian-Oriented Uses Only on Parcels with Widths of 100 feet
or More
Ground-floor pedestrian-oriented uses within buildings that have only 50-feet of street
frontage may not be that viable from a design standpoint. Mixed-use buildings require
non-commercial elements at the building front including residential entrances and
lobbies which reduce the street frontage exposure of the commercial uses and result in
narrower spaces that extend further into the ground floor away from the streetfront. This
resulting design is not good for the commercial space and would extend into the area of
the ground level parking that typically is provided in these projects. If the Council
wants to consider this option, however, ordinance language could be crafted as follows:
Parcels in the C3 district with street frontage of 100 feet or more are required
to have ground-floor pedestrian-oriented uses to a minimum depth of fifty (50)
feet from the building front, except that on parcels with 7t" Street frontage, the
requirement shall be to a minimum depth of twenty-five (25) feet from the
building front. Affordable housing projects as defined in Section
9.04.02.030.025 shall not be subject to this subsection.
General Plan Consistency
The proposed text amendments are consistent with and reinforce the City's Land Use
Element (LUE) policies and objectives. Specifically, policies and objectives for the
Downtown Core and Downtown Frame Land Use Districts are intended to maintain the
Downtown as the center of pedestrian activity for the City.
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The proposed ordinance is consistent with policies contained in the Land Use Element.
Specifically, Policy #3.3.1 calls for maximizing provisions for pedestrian amenities at the
ground floor street frontage, Policy #3.3.2 calls for ensuring the continuity of the
sidewalk by limiting curb cuts, locating parking behind buildings or below grade and
Policy #3.3.6 requires ground floor frontage to feature pedestrian oriented design
features. Requiring greater floor-to-floor ground floor spaces ensures more useable
ceiling heights and more functional and airy commercial spaces, especially for
restaurants.
Circulation Element Policy #4.7.8 requires City policy maximize the use of existing
public parking in the Downtown and Policy #4.7.9 encourages parking access from
existing alleys that do not abut residential neighborhoods. A small reduction in the
required on-site parking requirements for small markets and restaurants is consistent
with this policy as the use of the Downtown public parking structures will be enhanced
with the reduction in the requirement for private parking spaces. In addition, the
limitation of curb cuts contained in the ordinance will require alley access for on-site
parking in the commercial and mixed-use Downtown area.
The Land Use Element also contains urban design policies and objectives, specifically
Policy #3.1.1 and Policy #3.1.3 which govern building form. These policies call for
minimizing the perceived mass of buildings and the consideration of the character of
historic resources in the design of new buildings. The proposed ordinance requires a
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clear delineation between the ground floor and upper floors of buildings which is
consistent with Policy #3.1.1. Consistent with Policy #3.1.3, the proposed ordinance
requires special treatment to new buildings and new construction that are proposed next
to buildings that are considered historic resources.
Staff believes that increasing the ground floor heights without increasing building
heights and the potential consequent loss of housing production would not be contrary
to the Housing Element. Specifically, the City's contribution to regional housing
production would not be affected as multi-family housing production within the City has
significantly outpaced that required to achieve the City's fair share contribution goal.
Specifically, the City's regional "fair share" or housing unit goal as contained in the
current Housing Element is 2,208 units. With 2,215 units completed and 566 units with
building permits issued through June 30, 2005, the City has already greatly exceeded
its housing unit production goal. In addition, the ordinance language recommended by
staff allows for a modification of this requirement by the Planning Commission, or the
Architectural Review Board in the absence of Planning Commission review.
Conclusion
The goal for the Downtown is for a higher-quality pedestrian-oriented environment. The
proposed text amendments provide modifications to development and design standards
that meet public policy intentions to enhance the pedestrian experience in the
Downtown.
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CEQA STATUS
The project is categorically exempt (Class 5) from the provisions of CEQA pursuant to
Section 15305(a) of the State Implementation Guidelines in that the project involves a
minor alteration in the land use limitations on parcels which have a slope of less than
20% and does not result in any change in land use or density. The proposed ordinance
enacts modifications to existing development and off-street parking standards and the
incorporation of design standards for buildings within the Downtown that do not increase
the allowable floor area or modify the land uses permitted within the area.
In addition, the modifications to the off-street parking requirements for small markets
and restaurants is exempt from CEQA pursuant to Section 15301, Class 1 which covers
the operation and permitting of existing private structures and facilities involving no or a
negligible expansion of use. The proposed ordinance will not permit any expansion of
an existing private structure or facility.
In addition, the proposed ordinance is exempt from the provisions of CEQA pursuant to
Section 15061(b)(3) which states that only projects that have a potential for causing a
significant effect on the environment are subject to environmental review. Modifications
to building farade and pedestrian-oriented design standards and the incorporation of
development standards that require consideration of adjacent historic resources will not
have significant environmental effects and will enhance the pedestrian environment in
the Downtown. In addition, the modifications to the off-street parking requirements for
small markets and restaurants in the Downtown will not have a significant effect on the
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environment since the Downtown area is the focal point for transit in the City which
reduces the need for vehicular travel and is home to a large number of visitors,
employees and residents who are potential patrons of these businesses and who would
also not use vehicles. In addition, there is a significant number of public parking
structures in the area, including the new Main Library parking structure, that would
serve these businesses. Finally, from a practical standpoint, the on-site parking spaces
that are provided for ground floor commercial businesses are generally not utilized by
patrons since vehicular access to the parking spaces is generally from the rear alley
and difficult to find.
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 Anqeles Times
newspaper at least ten consecutive calendar days prior to the hearing. Notice of the
public hearing was also sent to all neighborhood organizations, 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 does not have any budget or fiscal impact.
RECOMMENDATION
It is recommended that the Council introduce for first reading the ordinance contained in
Attachment A.
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Prepared by: Andy Agle, Interim Director
Amanda Schachter, Planning Manager
Paul Foley, Principal Planner
City Planning Division
Planning and Community Development Department
ATTACHMENTS:
A. Proposed Ordinance
B. Notice of Public Hearing
C. November 8, 2005 City Council Staff Report
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ATTACHMENT A
PROPOSED ORDINANCE
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F:\MunicipalLaw\Share\LAWS\BARRY~DowntownDesignOrd2006.doc
City Council Meeting 2-28-06 Santa Monica, California
ORDINANCE NUMBER (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
MODIFYING THE DEVELOPMENT, DESIGN, AND OFF-STREET PARKING
STANDARDS FOR PROJECTS DEVELOPED WITHIN THE BSCD, C3, AND C3C
ZONING DISTRICTS, INCLUDING, BUT NOT LIMITED TO DESIGN STANDARDS
FOR GROUND FLOOR HEIGHTS, BUILDING STREETFRONTS, LANDSCAPING,
SIDEWALLS ADJACENT TO HISTORIC RESOURCES, DEVELOPMENT REVIEW
THRESHOLDS, AND OFF-STREET PARKING AND ACCESS REQUIREMENTS
WHEREAS, since the early 1990's the City has promoted housing by creating
substantial incentives for developers to build such housing in the downtown area; and
WHEREAS, during recent years, the City has experienced a boom in downtown
construction; and
WHEREAS, some of the developers have taken advantage of the opportunity to
build multiple, large, identical or nearly identical projects on adjacent lots or on lots in
close proximity pursuant to administrative approvals; and
WHEREAS, these projects have often had a substantial impact on residents
and businesses in the vicinity; and
WHEREAS, the larger scale developments have created adverse aesthetic
impacts which have affected the existing pedestrian scale and character of the
downtown neighborhoods; and
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WHEREAS, in light of these concerns the City Council adopted Ordinance
Number 2058 (CCS) on November 12, 2002 which modified the development review
thresholds for the BSC, C3, and C3C districts, Ordinance Number 2060 (CCS) on
November 26, 2002 which extended the provisions of Ordinance Number 2058 (CCS)
up to and including June 26, 2004 and Ordinance Number 2124 (CCS) which extended
the provisions of Ordinance Number 2058 (CCS) up to and including March 2007; and
WHEREAS, these interim ordinances lowered the development review
thresholds to 7,500 square feet in these districts; and
WHEREAS, these interim ordinances provided staff with the time to reexamine
the development and design standards currently in place in the downtown area and
propose changes as appropriate to improve the design, quality, and livability of
development, to create more precise development standards thereby achieving a more
efficient and predictable review process for applicants; and
WHEREAS, the City hired ROMA Design Group to assist staff in developing
these new standards; and
WHEREAS, ROMA conducted individual interviews with community members
involved in the downtown development process including architects, property owners,
developers, the Bayside District Corporation, ARB members, and Planning
Commissioners; and
WHEREAS, a community-wide workshop was held on July 24, 2003 to discuss
issues of concern and gather information; and
WHEREAS, the Planning Commission and the Architectural Review Board
conducted a joint meeting to discuss the proposed amendments on September 10,
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2003; and
WHEREAS, the City Council conducted a public hearing to preliminarily review
the proposals on October 28, 2003; and
WHEREAS, the proposed text amendment was designed to establish
development standards and guidelines that better achieve the creation of an attractive
streetscape environment and a strong sense of neighborhood as well as a more livable
mixed-use district while maintaining the pedestrian orientation of the downtown and
WHEREAS, on March 3, 2004, the Planning Commission held a public hearing
to adopt a Resolution of Intention which stated the Commission's intention to
recommend modifications of the City's Zoning Ordinance to the City Council; and
WHEREAS, on March 17, 2004 and March 24, 2004, the Planning Commission
held a public hearing on the proposed ordinances and recommended that the City
Council approve the proposed ordinances with certain specified modifications; and
WHEREAS, the City Council considered the proposed ordinance on September
13, 2005, and November 8, 2005, and provided direction to staff for modifications to the
proposed ordinance; and
WHEREAS, in light of the on-going update of the Land Use and Circulation
Elements which will look at development in the Downtown in a much more
comprehensive manner and until such time as the Land Use and Circulation Elements
are updated and the policies of the Land Use and Circulation Elements are
implemented by an amended Zoning Ordinance, the Council directed staff to return with
more modest modifications to current standards to include minimum ground floor
heights, design standards for building facades, landscaping, reduction in the required
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off-street parking for small neighborhood markets and restaurants, and treatment of new
construction adjacent to historic resources; and
WHEREAS, empirical evidence suggests that on-site parking spaces for small
commercial businesses, particularly those in mixed-use buildings, are not utilized to
their full extent as the spaces are difficult to access since access to the spaces is
generally provided from the rear alley; and
WHEREAS, reducing the off-street parking requirements for markets and
restaurants 2,500 square feet or less in size will not adversely impact the supply of
available on-street or off-site parking spaces because of the small size of the
establishments; and
WHEREAS, the City Council considered a proposed ordinance on February 28,
2006 that was revised in accordance with Council's previous direction; and
WHEREAS, the proposed ordinance is consistent in principle with the goals,
objectives, policies, land uses, and programs specified in the adopted Land Use
Element of the General Plan; and
WHEREAS, Land Use Objective #1.3 states: "Reinforce Downtown as the
focus of the City, supporting the greatest concentration of activity, " Land Use Policy
#1.3.4 states that: "In the Downtown Core area, require that a majority of ground floor
street frontage on a block by block basis be active pedestrian-oriented uses.... in order
to promote pedestrian activity at the ground floor and in the Downtown Frame area,
require pedestrian-oriented design features for all ground floor street frontage," Land
Use Policy #1.3.5 encourages residential uses in the Downtown other than at the
ground level and encourages the provision of neighborhood commercial uses to serve
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the Downtown residential community; and
WHEREAS, Land Use Element Policy #3.3.1 calls for maximizing provisions for
pedestrian amenities at the ground floor street frontage, Policy #3.3.2 calls for ensuring
the continuity of the sidewalk by limiting curb cuts, locating parking behind buildings or
below grade and Policy #3.3.6 requires ground floor frontage to feature pedestrian
oriented design features; and
WHEREAS, requiring greater floor-to-floor heights at the ground level enhances
pedestrian-oriented uses through more useable ceiling heights and more functional and
airy commercial spaces, especially for restaurants; and
WHEREAS, the Land Use Element also contains urban design policies and
objectives, specifically Policy #3.1.1 and Policy #3.1.3 which govern building form; and
WHEREAS, these policies call for minimizing the perceived mass of buildings
and the consideration of the character of historic resources in the design of new
buildings; and
WHEREAS, the proposed ordinance requires a clear delineation between the
ground floor and upper floors of buildings which is consistent with Policy #3.1.1 and
Policy #3.1.3 since the proposed ordinance requires special treatment to new buildings
and new construction that are proposed next to buildings that are considered historic
resources; and
WHEREAS, the proposed ordinance is also consistent in principle with the
goals, objectives, policies, land uses, and programs specified in the adopted Circulation
Element of the General Plan; and
WHEREAS, Circulation Element Policy #4.7.8 requires City policy maximize the
24
use of existing public parking in the Downtown and Policy #4.7.9 encourages parking
access from existing alleys that do not abut residential neighborhoods.
WHEREAS, a small reduction in the required on-site parking requirements for
small markets and restaurants is consistent with these policies as the use of the
Downtown public parking structures will be enhanced with the reduction in the
requirement for private parking spaces and the limitation of curb cuts contained in the
ordinance will require alley access for on-site parking in the commercial and mixed-use
Downtown area; and
WHEREAS, the public health, safety, and general welfare require the adoption of
the proposed amendment in that the proposed text amendment, which proposes new
project design and off-street parking standards, will provide for an enhanced pedestrian-
oriented environment in the Downtown and help ensure for the sensitive treatment of
new construction that is adjacent to historic resources,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 9.04.08.15.060 is hereby
amended to read as follows:
Section 9.04.08.15.060 Property development standards.
All property in the BSC District shall be developed in accordance with the following
standards:
25
(a) Maximum Building Height and FAR. Maximum building height, number of
stories and floor area ratio shall be determined as follows:
District Maximum Maximum Maximum
Height Number of FAR
Stories
BSC-1 56' 4 3.0
BSC-2 56' 4 3.0
BSC-3 56' 4 3.0
BSC-4 45' 3 2.0
Notwithstanding the above:
(1) There shall be no limitation on the number of stories of any hotel, parking
structure, or structure containing at least one floor of residential use, so long as the
height does not exceed the maximum number of feet permitted in this Section.
(2) Floor area devoted to residential uses shall be discounted by fifty percent for
the purposes of floor area ratio calculation.
(3) Parcels of fifteen thousand square feet or less within the Passageway
Overlay Zone, as depicted in the Bayside District Specific Plan, may be developed to a
maximum height of eighty-four feet, and a 3.5 FAR provided the following conditions are
m et:
(A) The top two floors are used exclusively for residential purposes;
26
(B) All inclusionary units required by Chapter 9.28 of this Code are provided on-
site;
(C) Parking for the residential uses is provided on-site, notwithstanding Section
9.04.10.08.030(m );
(D) A passageway dedicated to the City of Santa Monica as a recorded easement
is provided;
(E) The dedicated passageway is a minimum of twelve feet in width and is well
lighted and visually unobstructed from the Promenade to the alley;
(F) There shall be only one dedicated passageway permitted on each side of
each block; however, dedicated passageways existing as of the effective date of the
ordinance codified in this Section shall not count toward this limit.
(4) With the approval of a development review permit, parcels over fifteen
thousand square feet within the Passageway Overlay Zone, as depicted in the Bayside
District Specific Plan, may be developed to a maximum height of eighty-four feet, and a
3.5 FAR provided the following conditions are met:
(A) The top two floors are used exclusively for residential purposes;
(B) All inclusionary units required by Chapter 9.28 of this Code are provided on-
site;
27
(C) Parking for the residential uses is provided on-site, notwithstanding Section
9.04.10.08.030(m );
(D) A passageway dedicated to the City of Santa Monica as a recorded easement
is provided;
(E) The dedicated passageway is a minimum of twelve feet in width and is well
lighted and visually unobstructed from the Promenade to the alley;
(F) There shall be only one dedicated passageway permitted on each side of
each block; however, dedicated passageways existing as of the effective date of the
ordinance codified in this Section shall not count toward this limit.
(5) With the approval of a development review permit, parcels in the BSC-2 and
BSC-3 Districts may be developed to a maximum height of eighty-four feet, and a 3.5
FAR provided the following conditions are met:
(A) The top two floors are used exclusively for residential purposes;
(B) All inclusionary units required by Chapter 9.28 of this Code are provided on-
site;
(C) Parking for the residential uses is provided on-site, notwithstanding Section
9.04.10.08.030(m ).
(6) With approval of a Development Review Permit, in the BSC-2 District, existing
legal nonconforming buildings on different parcels may be connected by a bridge which
28
exceeds height limitations and FAR limitations for such parcels provided that the
following conditions are met:
(A) The bridge contains no usable area other than that reasonably necessary for
pedestrian circulation;
(B) The height of the bridge is no higher than the existing buildings;
(C) The bridge would not be detrimental to public health or safety;
(D) Appropriate covenants or restrictions are recorded with the County
Recorder's Office which state the intention of the owner(s) to develop the parcels as a
single building site in accordance with Section 9.04.06.010(g) of this Code.
(b) Building Stepbacks. For new structures or additions to existing structures,
any portion of a building elevation fronting on Second Street, Third Street Promenade or
Fourth Street, above thirty feet in height shall be stepped back at a 36.9 degree angle
measured from the horizontal. For buildings located in the Passageway Overlay Zone,
there shall be no additional stepback requirement above fifty-six feet of building height.
In addition, for parcels one hundred feet in depth measured from Wilshire Boulevard,
Arizona Avenue, Santa Monica Boulevard or Broadway (cross streets), any portion of a
building elevation fronting on the cross street, above thirty feet in height, shall be
stepped back fifteen feet from the cross street. The Architectural Review Board may
allow the fifteen-foot stepback to be provided only for the portion of the building above
forty-five feet in height if the Architectural Review Board determines that such a
29
stepback is necessary to maintain the district's existing character and to provide visual
continuity with nearby structures.
(c) Minimum Parcel Size. For all zoning classifications in the BSC District,
minimum parcel size shall be seven thousand five hundred square feet. Each parcel
shall contain a minimum depth of one hundred fifty feet and a minimum width of fifty
feet, except that legal parcels existing on the effective date of the ordinance codified in
this Section shall not be subject to this requirement.
(d) For all zoning classifications in the BSC District, a development review
permit is required for any new development of more than ~j~ seven thousand
five hundred (7,500) square feet of floor area and for any development with
rooftop parking, except the followinq proiects shall be subiect to a development
review permit if in excess of thirty-thousand (30,000) square feet:
(1) Proiects that contain a minimum of eiqhty percent (80%) of floor area
devoted to multi-family residential use provided that at least twenty percent
(20%) of the housinq units are deed-restricted or restricted by an aqreement
approved by the City for occupancy by households with incomes of sixty percent
(60%) of inedian income or less or at least ten percent (10%) of the housinq units
are deed-restricted or restricted by an aqreement approved by the City for
occupancy by households with incomes of fifty percent (50%) of inedian income
or less. The required percentaqe of affordable housinq units shall not apply to
any State density bonus units provided in the proiect.
30
(2) Affordable housinq proiects in which one hundred percent (100%) of
the housinq units are deed-restricted or restricted by an aqreement approved by
the City for occupancy by households with incomes of eiqhty percent (80%) of
median income or less.
(3) The requirements of subdivision (1) of this subsection (d) may also be
met throuqh the provision of off-site affordable housinq units subiect to the
followinq provisions:
The number of off-site affordable housina units arovided bv the aroiect
shall be at least twenty-five percent (25%) qreater than the number of on-site
units that would have been provided by the proiect to meet the requirements of
subdivision (1) of this subsection (d) of this Section.
Bl The off-site affordable housina units shall be develoaed in accordance
with the requirements of subsections (b) throuqh (q) of Section 9.56.060 of this
Code.
Cl The off-site affordable housina units shall be located in an affordable
housinq proiect in which one hundred percent (100%) of the housinq units are
deed-restricted or restricted by an aqreement approved by the City in accordance
with the followinq affordability levels:
il At least fiftv aercent (50%1 of the housina units in the affordable
housinq proiect shall be affordable to low (60% of inedian income) or very low
(50% of inedian income) income households, and
31
iil The remainina housina units in the affordable housina aroiect shall be
affordable to moderate (100% of inedian income), low or very low income
hni icahnlrlc
(D) The affordable housinq proiect shall be developed to the maximum
allowable floor area for the zone in which the proiect is developed consistent with
the City's architectural desiqn standards.
Square footage devoted to residential use shall be reduced by fifty percent when
calculating whether a development review permit is required.
SECTION 2. Santa Monica Municipal Code Section 9.04.08.15.070 is hereby
amended to read as follows:
Section 9.04.08.15.070 Special project design and development
standards.
In all zoning classifications in the BSC District the following special project design
and development standards shall apply:
(a) The entries to qround floor commercial spaces shall be at the same qrade as
the adiacent aublic sidewalk. The finished floor level of the around floor commercial
spaces shall be no more than six (6) inches above or below the averaqe qrade of the
adiacent sidewalk.
(b) The qround floor level floor-to-floor heiqht shall be a minimum of eiqhteen
(18) feet within the front seventy-five (75) feet of the buildinq. Affordable housinq
32
proiects as defined in Section 9.04.02.030.025 shall not be subiect to this subsection
~
(cl The Plannina Commission. or the Architectural Review Board in the absence
of Planninq Commission review, may modify the requirements of subsections (a) and
(b) above if the followinq findinqs of fact can be made in an affirmative manner:
(1) That the strict application of the provisions of this Chapter would result in
practical difficulties or unnecessary hardships inconsistent with the qeneral purpose and
intent of this Chapter or that there are exceptional circumstances or conditions
applicable to the proposed development that do not apply qenerally to other
developments covered by this Chapter; and
(2) That the qrantinq of an exception would not adversely affect surroundinq
properties or be detrimental to the district's pedestrian-oriented environment.
(d) Ground floor uses shall be pedestrian-oriented uses for a minimum depth of
seventy-five feet measured from the front of the structures.
(e) In any new or reconstructed building, a minimum of seventy percent of the
building facade at the street frontage at the ground floor level shall be designed with
pedestrian orientation, in accordance with Section 9.04.10.02.440 of this Chapter,
unless precluded by the presence of significant existing architectural features.
33
(f) In any new or reconstructed building, clear untinted glass shall be used at the
ground floor level to allow maximum visual access to the interior of buildings. Mirrored
and highly reflective glass shall not be permitted at any level of a structure.
(g) In any new or reconstructed building, walk-up facilities shall be recessed and
provide adequate queuing space to avoid interruption of the pedestrian flow.
(h) Security grills at the street level shall be designed as an integral component
of the building, shall be of the roll-down type, shall have an open web sufficient to
provide visibility to the interior when the grill is in the closed position, and shall be
placed to the interior of the outside glass.
(i) For new buildinqs or additions to existinq buildinqs that are adiacent to
buildinas identified as historic resources. all aortions of the new buildina or
addition located within a five (5) foot vertical distance from the cornice of the
adiacent historic resource shall be stepped back ten feet from the adiacent side
property line and the adiacent side wall shall be desiqned with the same level of
finish and detailinq as the front fa~ade of the new construction. The Planninq
Commission, or Architectural Review Board in the absence of Planninq
Commission review, may modify this requirement if the followinq findinqs of fact
can be made in an affirmative manner:
(1) The proposed modification enhances the compatibility of the new
construction and the historic resource; and
(2) The proposed modification complies with the Secretary of Interior's
Standards for the Rehabilitation of Historic Structures.
34
SECTION 3. Section 9.04.08.18.060 is hereby amended to the Santa Monica
Municipal Code to read as follows:
Section 9.04.08.18.060 Property development standards.
All property in the C3 District shall be developed in accordance with the following
standards:
(a) Maximum Building Height. Three stories, not to exceed forty-five feet,
except for the following:
(1) For parcels in the area bounded by 5th Court, 6th Court, Colorado Avenue
and Wilshire Boulevard, the maximum height shall be five stories, sixty feet; provided,
there is no retail above the first floor and only residential uses above the second floor.
(2) For parcels in the area bounded by 6th Court, 7th Court, Colorado Avenue
and Wilshire Boulevard and the north side of Wilshire Boulevard between 2nd Street
and 7th Street, the maximum height shall be four stories, fifty feet; provided, there is no
retail above the first floor and only residential uses above the second floor.
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.
(b) Maximum Floor Area Ratio. 2.0, except that in the area bounded by 5th
Court, 7th Court, Colorado Avenue and Wilshire Boulevard, and the area on the north
side of Wilshire Boulevard between 2nd Street and 7th Street, the FAR for commercial
35
square footage shall not exceed 1.5. Floor area devoted to residential uses shall be
counted at fifty percent.
(c) Minimum Lot Size. Seven thousand five hundred square feet. Each
parcel shall 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.
(d) Front Yard Setback. Landscaping as required pursuant to the provisions
of ~~~ a n~ ~ n n~ Section 9.04.08.18.065(e).
(e) 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. 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.
36
(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 " 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.
37
(g) Development Review. A development review permit is required for
any development of more than ~~ seven thousand five hundred (7,500) square
feet of floor area, except ,+h~+ fnr ~nn~,~~+;,,n~ in~inl~iinn +ho ~lomnli4inn ~n~
~~~on4 4n ~ roci~lon4i~ll~i ~nor! rlic4ri~4 ~4h ~ c4nro ~nihi~h h~c ~ minimi im nf
~~nion~~i_fi~io ~hni iconr! crvi ioro foo~ nf flnnr oroo nnhi o no~ no~ni flnnr oroo orlrli~inn
rnr '~a-~c~ ~
the followinq proiects shall be subiect to a development review permit if in excess
of thirty-thousand (30,000) square feet:
(1) Proiects that contain a minimum of eiqhty percent (80%) of floor area
devoted to multi-family residential use provided that at least twenty percent
20%1 of the housina units are deed-restricted or restricted bv an aareement
approved by the City for occupancy by households with incomes of sixty percent
(60%) of inedian income or less or at least ten percent (10%) of the housinq units
are deed-restricted or restricted by an aqreement approved by the City for
occupancy by households with incomes of fifty percent (50%) of inedian income
or less. The required percentaqe of affordable housinq units shall not apply to
any State density bonus units provided in the proiect.
(2) Affordable housinq proiects in which one hundred percent (100%) of
the housinq units are deed-restricted or restricted by an aqreement approved by
the City for occupancy by households with incomes of eiqhty percent (80%) of
median income or less.
38
31 The reauirements of subdivision (11 of this subsection (al mav also be
met throuqh the provision of off-site affordable housinq units subiect to the
followinq provisions:
(A) The number of off-site affordable housinq units provided by the proiect
shall be at least twenty-five percent (25%) qreater than the number of on-site
units that would have been provided by the proiect to meet the requirements of
subdivision (1) of this subsection (q) of this Section.
Bl The off-site affordable housina units shall be develoaed in accordance
with the requirements of subsections (b) throuqh (q) of Section 9.56.060 of this
Code.
(C) The off-site affordable housinq units shall be located in an affordable
housinq proiect in which one hundred percent (100%) of the housinq units are
deed-restricted or restricted by an aqreement approved by the City in accordance
with the followinq affordability levels:
il At least fiftv aercent (50%1 of the housina units in the affordable
housinq proiect shall be affordable to low (60% of inedian income) or very low
(50% of inedian income) income households, and
(ii) The remaininq housinq units in the affordable housinq proiect shall be
affordable to moderate (100% of inedian incomel. low or verv low income
households.
(D) The affordable housinq proiect shall be developed to the maximum
allowable floor area for the zone in which the proiect is developed consistent with
the City's architectural desiqn standards.
39
Square footage devoted to residential use shall be reduced by fifty percent when
calculating whether a development review permit is required.
(h) Maximum Uninterrupted Building Facade. Every one hundred feet of
building facade at the street frontage shall contain at least one public entrance or other
publicly accessible pedestrian-oriented use.
(i) 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.
(j) The Planning Commission may exempt municipal buildings from the
requirements of subsections (h) and (i) of this Section if both of the following findings of
fact can be made in an affirmative manner:
(1) That the strict application of the provisions of this Chapter would result in
practical difficulties or unnecessary hardships inconsistent with the general purpose and
intent of this Chapter or that there are exceptional circumstances or conditions
applicable to the proposed development that do not apply generally to other
development covered by this Chapter;
(2) That the granting of an exception would not adversely affect surrounding
properties or be detrimental to the district's pedestrian oriented environment.
40
SECTION 4. Section 9.04.08.18.065 is hereby added to the Santa Monica
Municipal Code to read as follows:
Section 9.04.08.18.065 Special proiect desiqn and development
standards.
(a) The entries to qround floor commercial spaces shall be at the same qrade as
the adiacent public sidewalk. The finished floor level of the qround floor commercial
spaces shall be no more than six (6) inches above or below the averaqe qrade of the
adiacent sidewalk.
(b) The qround floor level floor-to-floor heiqht shall be a minimum of fifteen (15)
feet within the front fifty (50) feet of the buildinq, except that for parcels within the C3
District frontinq 7t" Street, this minimum fifteen (15) feet floor-to-floor heiqht requirement
shall be within the front twenty-five (25) feet of the buildinq. Affordable housinq proiects
as defined in Section 9.04.02.030.025 shall not be subiect to this subsection
(c) The Planninq Commission, or the Architectural Review Board in the absence
of Planninq Commission review, may modify the requirements of subsections (a) and
(b) of this Section if the followina findinas of fact can be made in an affirmative manner:
(1) That the strict application of the provisions of this Chapter would result in
practical difficulties or unnecessary hardships inconsistent with the qeneral purpose and
intent of this Chapter or that there are exceptional circumstances or conditions
41
applicable to the proposed development that do not apply qenerally to other
developments covered by this Chapter; and
(2) That the qrantinq of an exception would not adversely affect surroundinq
properties or be detrimental to the district's pedestrian-oriented environment.
For new buildinas or additions to existina buildinas that are adiacent to
buildinqs that are considered historic resources, all portions of the new buildinq or
addition within a five (5) foot vertical distance from the cornice of the adiacent historic
resource shall be stepped back ten feet from the adiacent side property line and the
adiacent side wall shall be desiqned with the same level of finish and detailinq as the
front fa~ade of the new construction. The Planninq Commission, or Architectural Review
Board in the absence of Planninq Commission review, may modify this requirement if
the followina findinas of fact can be made in an affirmative manner:
(1) The proposed modification enhances the compatibility of the new
construction and the historic resource; and
(2) The proposed modification complies with the Secretary of Interior's
Standards for the Rehabilitation of Historic Structures.
(e) Subiect to the review and approval of the Architectural Review Board, a
landscaped area of twenty-five (25) square feet per fifty (50) feet of parcel street
frontaqe shall be provided and incorporated into the pedestrian-oriented desiqn
elements required pursuant to Section 9.04.10.02.440. The required area may be
provided in any confiquration except that landscapinq shall be required in front of blank
walls alonq the buildinq's streetfront. Landscapinq located in front of storefront windows
42
shall be low-qrowinq species that, at maturity, do not exceed the heiqht of the adiacent
storefront window sill. The Architectural Review Board may modify this landscapinq
requirement if the followinq findinq of fact can be made in an affirmative manner:
(1)That the strict application of the provisions of this Chapter would result in
practical difficulties or unnecessary hardships inconsistent with the qeneral purpose and
intent of this Chapter or that there are exceptional circumstances or conditions
applicable to the proposed development that do not apply qenerally to other
developments covered by this Chapter; and
(2) That the qrantinq of an exception would not adversely affect surroundinq
properties or be detrimental to the district's pedestrian-oriented environment.
SECTION 5. Santa Monica Municipal Code Section 9.04.08.18.065 is hereby
re-numbered as Section 9.04.08.18.070.
SECTION 6. Santa Monica Municipal Code Section 9.04.08.18.070 is hereby
re-numbered as Section 9.04.08.18.075.
SECTION 7. Santa Monica Municipal Code Section 9.04.08.20.070 is hereby
amended to read as follows:
Section 9.04.08.20.070 Special project design and development
standards.
(a) The entries to qround floor commercial spaces shall be at the same qrade as
the adiacent public sidewalk. The finished floor level of the qround floor commercial
43
saaces shall be no more than six (61 inches above or below the averaae arade of the
adiacent sidewalk.
bl The around floor level floor-to-floor heiaht shall be a minimum of fifteen (15
feet within the front fifty (50) feet of the buildinq. Affordable housinq proiects as defined
in Section 9.04.02.030.025 shall not be subiect to this subsection (b).
(c) The Planninq Commission, or the Architectural Review Board in the absence
of Planninq Commission review, may modify the requirements of subsections (a) and
(b) above if the followinq findinqs of fact can be made in an affirmative manner:
(1) That the strict application of the provisions of this Chapter would result in
practical difficulties or unnecessary hardships inconsistent with the qeneral purpose and
intent of this Chaater or that there are exceational circumstances or conditions
applicable to the proposed development that do not apply qenerally to other
developments covered by this Chapter; and
(2) That the qrantinq of an exception would not adversely affect surroundinq
properties or be detrimental to the district's pedestrian-oriented environment.
(d) For new buildinqs or additions to existinq buildinqs that are adiacent to
buildinqs that are considered historic resources, all portions of the new buildinq or
addition within a five (51 foot vertical distance from the cornice of the adiacent historic
resource shall be stepped back ten feet from the adiacent side property line and the
adiacent side wall shall be desiqned with the same level of finish and detailinq as the
front fa~ade of the new construction. The Planninq Commission, or Architectural Review
44
Board in the absence of Plannina Commission review. mav modifv this reauirement if
the followinq findinqs of fact can be made in an affirmative manner:
(1) The proposed modification enhances the compatibility between the new
construction and the historic resource; and
(2) The proposed modification complies with the Secretary of Interior's
Standards for the Rehabilitation of Historic Structures.
(e) 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 and
designed to accommodate pedestrian-oriented uses to a minimum depth of fifty feet
from the front of the structure.
(f) Subiect to the review and approval of the Architectural Review Board, a
landscaped area of twenty-five (25) square feet per fifty (50) feet of parcel street
frontaqe shall be provided and incorporated into the pedestrian-oriented desiqn
elements required pursuant to Section 9.04.10.02.440, The required area may be
provided in any confiquration except that landscapinq shall be required in front of blank
walls alona the buildina's streetfront. Landscaaina located in front of storefront windows
shall be low-qrowinq species that, at maturity, do not exceed the heiqht of the adiacent
storefront window sill. The Architectural Review Board may modify this landscapinq
requirement if the followinq findinq of fact can be made in an affirmative manner:
(1) That the strict application of the provisions of this Chapter would result in
practical difficulties or unnecessary hardships inconsistent with the qeneral purpose and
intent of this Chapter or that there are exceptional circumstances or conditions
45
applicable to the proposed development that do not apply qenerally to other
developments covered by this Chapter; and
(2) That the qrantinq of an exception would not adversely affect surroundinq
properties or be detrimental to the district's pedestrian-oriented environment.
(g) A development review permit is required for any new development
of more than ~j~ seven thousand five hundred (7,500) square feet of floor area
and for any development with rooftop parking, except the followinq proiects shall
be subiect to a development review permit if in excess of thirty-thousand (30,000)
square feet:
(1) Proiects that contain a minimum of eiqhty percent (80%) of floor area
devoted to multi-family residential use provided that at least twenty percent
20%1 of the housina units are deed-restricted or restricted bv an aareement
approved by the City for occupancy by households with incomes of sixty percent
(60%) of inedian income or less or at least ten percent (10%) of the housinq units
are deed-restricted or restricted by an aqreement approved by the City for
occupancy by households with incomes of fifty percent (50%) of inedian income
or less. The required percentaqe of affordable housinq units shall not apply to
any State density bonus units provided in the proiect.
(2) Affordable housinq proiects in which one hundred percent (100%) of
the housinq units are deed-restricted or restricted by an aqreement approved by
the City for occupancy by households with incomes of eiqhty percent (80%) of
median income or less.
46
31 The reauirements of subdivision (11 of this subsection (al mav also be
met throuqh the provision of off-site affordable housinq units subiect to the
followinq provisions:
(A) The number of off-site affordable housinq units provided by the proiect
shall be at least twenty-five percent (25%) qreater than the number of on-site
units that would have been provided by the proiect to meet the requirements of
subdivision (1) of this subsection (q) of this Section.
Bl The off-site affordable housina units shall be develoaed in accordance
with the requirements of subsections (b) throuqh (q) of Section 9.56.060 of this
Code.
(C) The off-site affordable housinq units shall be located in an affordable
housinq proiect in which one hundred percent (100%) of the housinq units are
deed-restricted or restricted by an aqreement approved by the City in accordance
with the followinq affordability levels:
il At least fiftv aercent (50%1 of the housina units in the affordable
housinq proiect shall be affordable to low (60% of inedian income) or very low
(50% of inedian income) income households, and
(ii) The remaininq housinq units in the affordable housinq proiect shall be
affordable to moderate (100% of inedian incomel. low or verv low income
households.
(D) The affordable housinq proiect shall be developed to the maximum
allowable floor area for the zone in which the proiect is developed consistent with
the City's architectural desiqn standards.
47
Square footage devoted to residential uses shall be reduced by fifty percent when
calculating whether a development review permit is required.
SECTION 8. Santa Monica Municipal Code Section 9.04.10.04.060 is hereby
amended to read as follows:
Section 9.04.10.04.060 Required landscape area for building sites.
(a) In all residential districts, including the RVC District, a minimum of fifty
percent of the required front and side yard setback shall be landscaped, except that for
parcels less than fifty feet in width, fifty percent of one side yard shall be landscaped. In
OP-1, OP-2, OP-3, and OP-4 Districts, all areas not covered by sidewalks, driveways,
porches, garages or buildings, shall be treated as landscaped areas, as defined in this
Chapter.
(b) In the C2, ~-S~S, C4, C6 and BCD Districts, a landscape area equal in
square footage to one and one-half times the street frontage of the parcel shall be
provided adjacent to each public street right-of-way. The required area may be provided
in any configuration except that no portion of the building shall be located between the
landscape area and the public right-of-way and only areas within ten feet of the parcel
line shall count toward this requirement. For purposes of this Section, landscape areas
shall be considered to be in-ground planters and shall not include hardscape. The
landscape requirements for the C2, ~-S~S, C4, C6 and BCD Districts may be
modified subject to the review and approval of the Architectural Review Board if the
Board determines that an alternative landscape configuration would meet the objectives
of this requirement. The Architectural Review Board may require either more or less
48
landscaping than would otherwise be required by this Chapter if the following findings
are made:
(1) That the strict application of the provisions of Section 9.04.10.04.060(b)
would result in practical difficulties or unnecessary hardships inconsistent with the
general purpose and intent of the Santa Monica Municipal Code and the Land Use
Element or that there are exceptional circumstances or conditions applicable to the
proposed project that do not apply generally to other sites covered by the Section;
(2) That the granting of a Landscape Setback Adjustment would not adversely
affect public welfare, and would not be detrimental or injurious to property and
improvements in the surrounding area;
(c) For all new construction or major remodeling in the C5 Special Office District,
a landscaped area at least fifteen feet wide shall be provided and maintained
immediately adjacent to all property lines adjacent to streets or rights-of-way except in
required driveway or other access areas.
SECTION 9. Santa Monica Municipal Code Section 9.04.10.08.040 is hereby
amended to read as follows:
Section 9.04.10.08.040 Number of parking spaces required.
Parking space requirements are indicated in Table 9.04.10.08.040.
49
TABLE 9.04.10.08.040
RESIDENTIAL
(FA = floor area)
Use Minimum Off-Street Maximum Percent
Compact Spaces
Parking Requirement Allowed
Artist studio 1 space for each 750 sq. ft. None
of residential area, minimum
of 1 space.
1 space for each 400 sq. ft. 40
of manufacturing space.
1 space for each 300 sq. ft. 40
of retail gallery space.
Visitor spaces 1 space per 5 residential 40
units (applies to projects of 5
or more residential units).
Boarding homes 0.5 space per unit plus one 40
guest space per 5 units.
Boarding homes deed 0.25 space per unit plus one 40
restricted to low and moderate guest space per 5 units.
income
Condominiums:
Studio, no bedrooms 1 covered space. None
1 or more bedrooms 2 covered spaces per unit. None
Visitor spaces 1 space per 5 units (applies 40
to projects of 5 or more
units).
50
Congregate housing
Detached single family units
Detached single family units
on lots of 30 ft. or less in width
Detached single family units
on Pacific Coast Hwy. north of
Santa Monica Pier (LCP
Subarea 1 a)
Visitor spaces
1 space per 5 beds.
2 spaces in a garage per
dwelling unit.
2 spaces in a garage which
may be in a tandem
arrangement.
2 spaces in a garage per
dwelling unit.
2 per dwelling unit (may be
40
None
None
None
None
Domestic violence shelters
Fraternity-type housing with
sleeping facilities
Homeless shelters
Multi-family residential:
Studio, no bedrooms
1 bedroom
2 or more bedrooms
Visitor spaces
tandem).
.5 space per bedroom.
1 space per bed.
1 space per 10 beds.
1 covered space.
1.5 space per unit.
2 spaces per unit.
1 space per 5 units (applies
to projects of 5 or more
units).
Any surface parking shall be
provided in the rear half of
the residential lot.
40
40
40
None
None
None
40
51
Multi-family housing deed-
restrict ed for occupancy by
low and moderate income
households
Studio, no bedrooms
1 bedroom
2 bedroom or larger
Visitor
Senior group housing and
senior housing
Senior group housing and
senior housing that is deed
restricted or restricted by an
agreement approved by the
City for low and moderate
income
1 space per unit.
1 space per unit.
1.5 spaces per unit.
1 space per 5 units (applies
to projects of 5 or more
units).
0.5 space per unit plus 1
guest space per 5 units.
0.25 space per unit plus 1
guest space per 5 units.
Single-room occupancy 0.5 space per unit plus 1
guest space per 5 units.
Single-room occupancy deed 0.25 space per unit plus 1
restricted to low and moderate guest space per 5 units.
income
Transitional housing 0.5 space per bedroom plus
1 guest space per 5 units.
40
40
40
40
40
40
40
40
40
52
COMMERCIAL
(FA = floor area)
Use Minimum Off-Street Parking Maximum Percent
Requirement Compact Spaces
Allowed
Automobile rental 1 space per 500 sq. ft. of FA plus 1 40
agency space per 1,000 sq. ft. of outdoor
rental storage area.*
Automobile repair 1 space per 500 sq. ft. of non-service 40
bay FA plus 2 spaces per service
bay.*
* No required off-street parking space shall be used for sale, rental or repair of autos.
Automobile service 3 spaces if for full service station, 1
station with or space if for self service station, plus 1
without mini-mart space for each 100 sq. ft. of retail, and
requirements for automobile repair
where applicable
Automobile sales 1 space per 400 sq. ft. of floor area for
showroom and office, plus 1 space per
2,000 sq. ft. of e~erior display area
and requirements for automobile repair
where applicable, plus 1 space per
300 sq. ft. for the parts department.
40
Auto washing (self- 2 spaces for each washing stall, not None
service or coin including the stall.
operated)
General office 1 space per 300 sq. ft. of FA. 40
Hotels, motels 1 space per guest room plus 1 space
for each 200 sq. ft. used for meetings
and banquets. Other uses such as
bars and restaurants which are open
to the general public shall provide
parking as required by this Section.
40
53
Lumber yards, plant 1 space per 300 sq. ft. of FA for 40
nurseries interior retail plus 1 space per 1,000
sq. ft. of outdoor area devoted to
display and storage.
Market of less than
5,000 sq. ft., liquor
store
1 space per 225 sq. ft.
40
Markets 2,500 sq. ft. 1 space per 300 sq. ft.
or less in the BSCD,
C3 and C3C
districts
Markets with floor 1 space per 250 sq. ft.
area greater than
5,000 sq. ft.
Restaurant:
Restaurants 2,500
sq. ft. or less with no
separate bar area
located in the
BSCD. C3 and C3C
1 space per 300 sq. ft
40
40
40
Restaurant 1 space per 300 sq. ft. of support area,
1 space per 75 sq. ft. of service and
seating area open to customers, and 1
space per 50 sq. ft. of separate bar
area.
Fast food, take-out , 1 space per 75 sq. ft. of FA. Minimum
drive-in , drive- of 5 spaces must be provided.
through restaurants
Bars and nightclubs 1 space per 50 sq. ft of FA.
(dance halls, discos,
etc.) Portions of restaurants that include
bars shall be calculated using this
standard.
40
40
40
54
Retail:
Retail, general and 1 space per 300 sq. ft. of FA.
service
Retail, furniture and 1 space per 500 sq. ft. of FA.
large appliance
EDUCATIONAL/CU LTU RAL
(FA = floor area)
Use Minimum Off-Street Parking
Requirement
Auditoriums 1 space per 4 fixed seats.
Day care:
Small family day No requirement above that required for
care home the existing residence.
Large family day No requirement above that required for
care home the existing residence.
Preschool nursery 1 space per 500 sq. ft. of building
schools, day care area.
centers excluding
large/small family
day care
Libraries 1 space per 250 sq. ft. of FA.
Museums and 1 space per 300 sq. ft. of FA.
galleries
Private elementary 10 spaces plus 1 per classroom.
schools
40
40
Maximum Percent
Compact Spaces
Allowed
40
Not applicable
Not applicable
40
40
40
40
55
Private junior high 30 spaces plus 1 space per 40
schools classroom.
Private high schools 50 spaces plus 4 spaces per 40
classroom.
Private colleges, 1 space per 80 sq. ft. of assembly area 40
professional (including classroom area) or 1 space
business or trade per each 4 fixed seats, whichever is
schools greater.
Stadiums 1 space per 5 seats. 40
HEALTH SERVICES
(FA = floor area)
Use Minimum Off-StreetParking Maximum Percent
Requirement Compact Spaces
Allowed
Convalescent 1 space per 5 beds. 40
homes, residential
care facilities
community care
facilities, rest home,
residential facilities
for 7 or more
persons
Hospice facilities 2 spaces
Hospitals and 1 space per 2 beds plus 1 space per 40
medical centers 250 sq. ft. of FA for outpatient use.
e 1 space per 300 sq. ft. of FA. 40
56
Medical and dental 1 space per 250 sq. ft. of FA.
offices and clinics
including physical
therapists,
acupuncturists and
chiropractors, 1,000
sq. ft. or greater
total FA per building
Medical and dental 1 space per 300 sq. ft. of FA.
offices and clinics
including physical
therapists,
acupuncturists and
chiropractors , less
than 1,000 sq. ft.
total FA per building
40
40
Mental health 1 space per 300 sq. ft. 40
professionals
Residential care No requirement beyond that required
facilities with a for the residence.
capacity of 6 or
fewer residents
Veterinarians, 1 space per 250 sq. ft. of FA.
animal and
veterinary hospitals
Not applicable
40
57
INDUSTRIAL
USES
(FA=floor area)
Use Minimum Off-Street Parking Maximum Percent
Requirement Compact Spaces
Allowed
Film production studio 1 space per 400 sq. ft. of studio 40
production space, 1 space per
300 sq. ft. of editing FA, 1 space
per 300 sq. ft. of administrative
office.
Light and limited 1 space per 400 sq. ft. of FA for 40
industrial manufacturing manufacturing plus 1 space per
300 sq. ft. of FA for office use.
Mini-warehousing/ 1 space per 4,000 sq. ft. of FA 40
storage for manufacturing plus 1 space
per 300 sq. ft. of FA for office
use.
Warehouse 1 space per 1,000 sq. ft. 40
58
COMMERCIAL
ENTERTAINMENT AND
RECREATION
(FA=floor area)
Use
Minimum Off-Street Parking
Requirement
Maximum Percent
Compact Spaces
Allowed
Bowling alleys
Billiard or pool parlors,
roller or ice skating
rinks, exhibition halls
and assembly halls
without fixed seats,
including assembly
areas within community
centers, private clubs,
lodge halls and union
headquarters
2 spaces per lane, plus 50% of
requirements for related
commercial uses.
1 space per 80 sq. ft. of FA of
assembly area.
Health clubs, indoor 1 space per 80 sq. ft. of exercise
athletic facilities and area, 1 space per each 300 sq.
exercise/dance studios ft. of locker room/sauna/shower
area, plus applicable code
requirement for other uses.
Theaters, cinemas
(single and multi-
screen) and other
places of assembly
1 space per 4 fixed seats or 1
space per 80 sq. ft. of FA of
assembly area, whichever is
greater.
Tennis, handball,
racquetball and other
athletic court facilities
2 spaces per court plus 1 space
per 80 sq. ft. of spectator area or
1 space per 4 fixed seats,
whichever is greater.
40
40
40
40
40
59
MISCELLANEOUS
(FA=floor area)
Use
Minimum Off-Street Parking
Requirement
Maximum Percent
Compact Spaces
Allowed
Places of worship and
other places of
assembly including
mortuaries, banquet
facilities and convention
facilities
1 space per 80 sq. ft of FA of
assembly area, or 1 space for
each 4 fixed seats, whichever is
greater, plus requirements for
other uses as applicable.
40
SECTION 10. Santa Monica Municipal Code Section 9.04.10.08.090 is hereby
amended to read as follows:
Section 9.04.10.08.090 Parking access in non-residential
districts.
The following parking access requirements shall apply to the Commercial
and Industrial Districts:
(a) Proiects in the BSC, C3 for that area located between the centerlines of
Colorado Avenue to the south and Wilshire Boulevard to the north, and C3C zoninq
districts shall access on-site parkinq from the alley and ~4non-residential or mixed use
projects located in other commercial zoninq districts requiring ten or fewer parking
spaces shall not be permitted to have any new curb cuts for purposes of providing on-
site parking spaces, except where a project meets at least one of the following
conditions:
60
(1) The site has no adjacent side or rear alley having a minimum of
twenty feet wide right-of-way;
(2) The topography or configuration of the site, or placement of existing
buildings to remain on the site, precludes reasonable alley access to a sufficient
number of parking spaces to the extent that use of the property is restricted
beyond otherwise applicable development standards, as determined by the
Zoning Administrator and Transportation Planninq Manaqer, or Planning
Commission or City Council, depending upon which body is charged with making
the determination;
(3) The average slope of the parcel is at least five percent;
(4) A residential district is located directly across any alley that would
be used for access;
(5) The project includes one or more of the following uses: automobile service
station, automobile or vehicle repair, hotel or motel, drive-in or drive-through business,
high volume use as determined by the Zoning Administrator;
(6) The Zoning Administrator and the Transportation Planninq Manaqer
determine that a curb cut is appropriate due to traffic, safety or circulation
concerns.
(b) If curb cuts are necessary, curb cut widths shall be kept to the
minimum width required.
(c) On lots with adequate alley access, projects with new buildings or
substantial remodels shall be required to replace any existing curb cuts and
61
driveway aprons as required by the
Manaqement Department.
Environmental and Public Works
SECTION 11. 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 12. This Ordinance shall apply to any application for development
projects determined complete on or after April 14, 2006. The provisions of Sections 2
and 3 of Ordinance No. 2124 (CCS) are hereby repealed. All other provisions of
Ordinance No. 2124 (CCS) shall remain in full force and effect.
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.
62
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:
r
~
MA S A JQ1 S MO T E
City ttorne~i~/
44
ATTACHMENT B
NOTICE OF PUBLIC HEARING
64
NOTICE OF A PUBLIC HEARING
BEFORE THE SANTA MONICA CITY COUNCIL
SUBJECT: Downtown Development and Design Standards Ordinance
A public hearing will be held by the City Council to consider the following request:
Introduction and first reading of an Ordinance modifying the development, design, and off-street parking
standards for projects developed within the BSCD, C3, and C3C zoning districts, including, but not limited
to, design standards for ground floor commercial spaces, building streetfronts, landscaping, sidewalls
adjacent to historic resources and off-street parking and access requirements.
DATE/TIME: TUESDAY, FEBRUARY 28, 2006 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.
Address your letters to: City Clerk
Re: Downtown Design Standards
1685 Main Street, Room 102
Santa Monica, CA 90401
MORE INFORMATION
If you want more information about this project or wish to review the project file, please contact Paul
Foley, Principal Planner, at (310) 458-8341, or by e-mail at paul-foley@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.ora.
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.
ESPANOL
Esto es una noticia de una audiencia publica para revisar applicaciones proponiendo desarrollo en Santa
Monica. Si deseas mas informacion, favor de Ilamar a Carmen Gutierrez en la Division de Planificacion
al numero (310) 458-8341.
65
APPROVED AS TO FORM:
C~~n ~n~,~ ,
AMANDA SCHACHTE~' ~~ ~~°
Planning Manager
F:\CityPlanni ng\Share\COU NCI L\NOTI CES\2005\TA04-002Downtown Design FEB.06.doc
ATTACHMENT C
NOVEMBER 8, 2005 CITY COUNCIL STAFF REPORT
67
PCD:AA:AS:F:\CityPlanning\Share\COUNCIL\STRPT~2005\Downtown Design - Council.doc
Council Mtg: November 8, 2005 Santa Monica, California
TO: Mayor and Councilmembers
FROM: City Staff
SUBJECT: Introduction and First Reading of an Ordinance Implementing
Modifications to Downtown Design and Development Standards
INTRODUCTION
This report recommends that the City Council conduct a public hearing and introduce for
first reading an ordinance to implement revisions to the design, development and off-
street parking standards for the Downtown. The ordinance is included as Attachment A.
BACKGROUND
On September 13, 2005, Council conducted a public hearing regarding potential
revisions to the design and development standards for the Downtown. Following the
public hearing and discussion, Council directed staff to return with an ordinance that
would modify the Downtown design and development standards in the following areas:
8. Require minimum 18-foot floor-to-floor heights on the ground level of buildings in
the Bayside (BSC) District and 15-foot floor-to-floor ground level heights in the
C3 (Downtown Commercial) and C3C (Downtown Overlay) districts;
9. Modify the landscaping requirements in the C3 and C3C districts;
10. Modify the off-street parking requirements for small markets and restaurants;
11. Modify the access requirements for off-street parking;
12. Require delineation between the ground floor and upper levels in the design of
street-front building facades;
13. Address the treatment of new construction that is adjacent to structures that are
considered historic resources; and
68
14. Review the proposed standards and their impacts on the development of places
of worship.
ANALYSIS
Minimum ground level floor-to-floor heights:
The Council directed staff to prepare ordinance language to require minimum 18-foot
floor-to-floor heights on the ground level of buildings in the Bayside (BSC) District and
15-foot floor-to-floor ground-level heights in the C3 (Downtown Commercial) and C3C
(Downtown Overlay) districts. The minimum ground-level floor heights are intended to
enhance pedestrian orientation and better accommodate street-oriented uses such as
retail and restaurants which require higher ceiling heights to account for such things as
venting and duct work and to allow for mezzanine levels, particularly within restaurants.
Although not expressly identified by Council, staff believes that an associated
requirement that ground-floor grades correspond with adjacent sidewalk grades is
necessary to ensure that the Council's objectives for ground-floor, sidewalk-orientation
is achieved. The proposed ordinance includes this requirement.
Existing development standards in the Downtown limit the building height but not the
number of stories if at least one floor is residential. Without an accommodation for
additional building height, the increased ground-floor heights for the entire ground floor
could result in one fewer floor of development in the Downtown as the upper floors are
"squeezed" to accommodate the ground levels with greater floor-to-floor heights. The
squeeze is not expected to create adverse impacts on the production of housing, except
69
on Seventh Street, where building heights are currently limited to 50 feet. In assessing
these potential impacts, staff reviewed the information used in the 2000-2005 Housing
Element Update relative to the inventory of existing sites suitable for housing
development. This information indicates that at present there are 24 such parcels on
Seventh Street which have the potential to accommodate approximately 638 residences
based on current development standards and trends in the area. The elimination of one
floor of residential to accommodate increased ground-floor height could potentially
result in the loss of approximately 148 residences or 23 percent of the potential total
number of residences along Seventh Street; however, the potential for approximately
490 new housing units remains at these sites. In addition, as most Downtown residential
projects involve on-site or off-site inclusionary affordable residences (rather than
payment of in-lieu fees), the proposed modifications could result in the production of
fewer affordable residences. A five-foot increase in the maximum allowable height on
Seventh Street in this area is expected to alleviate the loss of housing potential.
In other areas of the Downtown potential loss of units is less likely. Based on recent
development trends, little recent residential development has occurred in the BSC
district. Parcels in the C3 and C3C district located between 4t" Court and 6t" Court,
Colorado Avenue to Wilshire Boulevard permit building heights ranging between 60 feet
and 76 feet, so the impacts on housing production is not expected to be significant.
Staff believes that increasing the ground floor heights and the associated loss of
housing potential is not contrary to the Housing Element and the City's required
70
contribution to regional housing production, as multi-family housing production within
the City has outpaced that required to achieve the City's fair share of regional housing
needs. Nonetheless, the potential reduction of housing does represent a policy choice
with regard to residential opportunities in the Downtown.
Modify the landscaping requirements in the C3 and C3C districts:
The Council also discussed the impacts of required site landscaping on the pedestrian
environment in the Downtown and directed staff to include language in the ordinance
that would modify the landscaping requirements in the C3 and C3C districts. Current
Code requires that a landscaped area equal in square footage to 1.5 times the parcel's
street frontage be installed between the building and the adjacent public sidewalk. The
Council's direction to staff was to modify the requirements for landscaping in the context
of the pedestrian orientation of the area.
Various approaches could be taken to addressing landscaping requirements. One
approach is to eliminate the specific numerical requirement for landscaping in the C3
and C3C districts, and instead require landscaping pursuant to general direction. Such
an approach is intended to provide guidance in encouraging designers to approach
landscape design as an integral element of building design. Recommended ordinance
language related to this approach follows:
Subject to the review and approval of the Architectural Review Board,
landscaping shall be provided and incorporated into the pedestrian-oriented
design elements required pursuant to SMMC Section 9.04.10.02.440.
Landscaping is encouraged in front of expanses of blank wall along the building's
street-front. Landscaping is discouraged in front of storefront display windows.
71
The City Attorney's Office has advised that this approach may be inappropriate because
it does not establish objective standards, as is common within ordinances. Objective
standards could be accomplished through aligning the numerical requirement for
landscaping in the C3 and C3C districts with the pedestrian-orientation requirements for
those districts. Under this approach, 25 square feet of landscaped area would be
required for every 50 feet of frontage to reflect the pedestrian-oriented design standard
requiring a minimum of 70% of the ground floor farade contain pedestrian-oriented
design elements, including public entrances and eight-foot display windows. Given the
pedestrian-oriented design standards and the fact that storefront display windows and
entrances are generally required to comprise a majority of ground-floor street-front
farades, the remaining parcel street-frontage that will require landscaping is significantly
reduced. The resulting landscaped area standard is approximately one-third of the
general code requirement for landscaped area. In addition, requiring landscaping along
expanses of blank walls at the street-front and prohibiting landscaping in front of street-
front display windows is congruent with an approach based on clear, objective
standards. Recommended ordinance language related to this approach follows:
Subject to the review and approval of the Architectural Review Board, a
landscaped area of 25 square feet per 50 feet of parcel street frontage shall be
provided and incorporated into the pedestrian-oriented design elements required
pursuant to Section 9.04.10.02.440. The required area may be provided in any
configuration except that landscaping shall be required in front of blank walls
along the building's street-front and prohibited in front of storefront display
windows.
Under either approach, staff recommends that the Architectural Review Board may
modify these requirements if the modification enhances the pedestrian-orientation of the
proposed project.
72
Modify the off-street parking requirements for small markets and restaurants:
In order to encourage a variety of activities and uses, including small restaurants and
neighborhood markets, Council directed staff to bring the parking requirements for these
uses in line with other commercial uses.
Markets and restaurants located in the BSC district do not have to provide off-street
parking as they are located within the Bayside Parking Assessment District. For
businesses located elsewhere, current Code requires 1 parking space for every 225
square feet of markets that are 5,000 square feet or less (the requirement is greater for
larger markets). Restaurants are required to provide:
• 1 parking space per 75 square feet of dining and service area,
• 1 space per 50 square feet of separate bar area; and
• 1 space per 300 square feet of support area.
Regular retail, office and service businesses require 1 parking space per 300 square
feet of floor area.
Providing on-site parking in the Downtown is expensive, as parking spaces are
generally located within subterranean parking garages. As a result, developers of
mixed-use buildings generally lease their commercial spaces to retail, office or service
uses because a sufficient number of parking spaces has not been provided to
accommodate uses such as markets and restaurants that have a greater off-street
parking requirement. Therefore, Downtown residents have a limited variety of
businesses that serve their needs.
73
Within the proposed ordinance, off-street parking requirements for markets and
restaurants (without separate bar areas) that are 2,500 square feet or less in the
Downtown are modified to be consistent with the requirements for retail, office and
service businesses. Standardizing the parking requirements makes sense from a
number of perspectives. First, the Downtown area is the focal point for transit in the
City which reduces the need for vehicular travel. Second, the Downtown is also home
to a large number of visitors, employees and residents who are potential patrons of
these businesses and who would also not use vehicles. Third, there is a significant
number of public parking structures in the area, including the soon-to-be-opened Main
Library parking structure that would serve these businesses. Finally, from a practical
standpoint, the on-site parking spaces that are provided for these and other commercial
businesses are generally not utilized by patrons since vehicular access to the parking
spaces is generally from the rear alley and difficult to find. Reducing the off-street
parking requirements for markets and restaurants 2,500 square feet or less will not
significantly affect the supply of available on-street or off-site parking spaces because of
the small size of the establishments.
Staff believes that the proposed modification to the off-street parking requirements for
these businesses will provide opportunities for a greater variety of neighborhood-serving
uses in the Downtown, including small markets and restaurants. Moreover, the parking
standards will ensure adequate parking for employees of the establishments.
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Modify the access requirements for off-street parking:
The Council direct staff to limit access to off-street parking in the Downtown to alleys,
restricting access and curb cuts from the street. This recommendation is intended to
enhance the pedestrian environment in the area by eliminating vehicle-pedestrian
conflicts at the sidewalks. The proposed ordinance language, which is identical to that
reviewed by the Council on September 13, 2005, does permit a modification to this
requirement subject to the review and approval of the Transportation Planning Manager
and Zoning Administrator.
Require delineation between ground f/oors and upper levels in street-front design:
Council directed staff to propose ordinance language that would require a clear street-
front distinction between the ground floor and upper floors of buildings. Staff has
developed three potential approaches to achieve this goal. One approach is to simply
state this objective within the ordinance, as follows:
In any new building or existing buildings with a reconstructed street-front fa~ade,
there shall be a clear delineation between the ground floor and the upper f/oors
which is complementary to the overall design of the building fa~ade.
The City Attorney's Office has advised that it would be preferable for the ordinance to
also provide examples of inethods to achieve this delineation. The proposed ordinance
language to achieve these objectives reads as follows:
In any new building or existing building with a reconstructed street-front facade,
there shall be a clear delineation between the ground floor and the upper f/oors
which is complementary to the overall design of the building fa~ade. Such
delineation may include, but is not limited to, design elements such as
articulation, change in plane, change in colors and materials or fenestration.
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The primary concern with this approach is that is may result in unintended design
responses, such as ground floors that are recessed away from the sidewalk or
exaggerated variations in materials.
A third approach is to recognize that the proposed requirement for higher ground-floor
floor-to-floor heights, in concert with the pedestrian-oriented design requirements which
result in sidewalk entrances and increased glazing at the ground floor, may be sufficient
to create the desired delineation.
Address the treatment of new construction adjacent to historic resources:
The Council followed recommendation of inembers of the Landmarks Commission in
directing staff to propose development standards modifications that would address the
potential adverse impacts of new development or new construction that is adjacent to
buildings that are considered historic resources. The new standard requires that new
buildings or new construction that is within a 5-foot vertical distance from the cornice of
the adjacent historic resource be set back 10-feet from the adjacent side property line
and the adjacent side wall of the new building or new construction have the same level
of finish and detail as the front farade. The ordinance language recommended by staff
allows for a modification of this requirement by the Planning Commission, or the
Architectural Review Board in the absence of Planning Commission review, if the
modification enhances compatibility between the two buildings and compliance with the
Secretary of Interior's Standards for the Rehabilitation of Historic Structures.
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Review impact of proposed standards on places of worship:
Finally, in response to concerns raised by a member of a church located in the
Downtown, the Council asked staff to review the proposed development standards for
their impacts on the development of places of worship. Staff has reviewed existing
development standards and the proposed modifications and there are sufficient
provisions for modifications to these standards to allow for the development of churches
and other places of worship in the Downtown, including modifications to the
requirements related to ground floor height, pedestrian orientation, farade design and
adjacent historic resources.
Architectural Review Board input
The Architectural Review Board (ARB) received public input and discussed the
proposed modifications at their meeting of October 17, 2005. The public input and
discussion focused on the impacts of the minimum 18-foot floor-to-floor heights on the
ground level of buildings in the Bayside (BSC) District and 15-foot floor-to-floor ground
level heights in the C3 (Downtown Commercial) and C3C (Downtown Overlay) districts.
The Board agreed with the public input that the minimum ground floor heights do not
benefit the buildings along the alley frontage and should be tied to the ground floor
commercial uses. In addition, the Board discussed the impacts of the minimum ground
floor height requirements on affordable housing projects.
The BSC district requires pedestrian oriented uses within the front 75 feet of the ground
floor of structures. The C3C district requires that buildings be designed at the ground
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floor to accommodate pedestrian oriented uses to a minimum depth of 50 feet from the
front of the structure. The C3 district requires pedestrian oriented design of the street-
front farade. In response to the ARB discussion, staff recommends that the minimum
18-foot ground level floor-to-floor height be applicable to the front 75 feet of buildings in
the BSC and the minimum 15-foot ground-floor height be applicable to the front 50 feet
of buildings in the C3 and C3C districts. If these minimum ground level floor-to-floor
heights were limited to the front portions of the ground floor only, the impacts on
housing production noted earlier could be reduced. This recommendation has been
incorporated into the proposed ordinance.
The other issue related to the minimum ground-floor heights discussed by the Board
dealt with the impacts on affordable housing projects which may or may not include
ground floor commercial uses. The Board was concerned that the increased ground
floor heights could increase overall building heights above 50 feet (except on Seventh
Street) which would require Type III construction, which is considerably more expensive
and thus more burdensome to developers of affordable housing in the Downtown. The
proposed ordinance incorporates the recommended exemption for affordable housing.
It is anticipated that the Board will consider a formal recommendation on the proposed
standards at their November 7, 2005 meeting which will be forwarded directly to the
Council.
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Develoament Review Threshold
Recent direction from the Council has focused primarily on new Downtown design
standards. Through the Land Use Element and Zoning Ordinance update process,
review thresholds and application types and procedures will be considered
comprehensively for the City as a whole. Therefore, the 7,500 square foot development
review threshold for the Downtown established by Ordinance No. 2124 (CCS) is
retained in the proposed ordinance. Projects that exceed 7,500 square feet would
require a Development Review Permit approved by the Planning Commission or
Council on appeal prior to ARB. In addition, the Development Review Permit threshold
contained in Ordinance No. 2124 (CCS) for affordable housing projects and certain
categories of mixed-use projects and residential projects that provide affordable off-site
units would be retained at 30,000 square feet.
General Plan Consistency
The proposed text amendments are consistent with and reinforce the City's Land Use
Element (LUE) policies and objectives. Specifically, policies and objectives for the
Downtown Core and Downtown Frame Land Use Districts are intended to maintain the
Downtown as the center of pedestrian activity for the City.
The proposed ordinance is consistent with policies contained in the Land Use Element.
Specifically, Policy #3.3.1 calls for maximizing provisions for pedestrian amenities at the
ground floor street frontage, Policy #3.3.2 calls for ensuring the continuity of the
sidewalk by limiting curb cuts, locating parking behind buildings or below grade and
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Policy #3.3.6 requires ground floor frontage to feature pedestrian oriented design
features. Requiring greater floor-to-floor ground floor spaces ensures more useable
ceiling heights and more functional and airy commercial spaces, especially for
restaurants.
Circulation Element Policy #4.7.8 requires City policy maximize the use of existing
public parking in the Downtown and Policy #4.7.9 encourages parking access from
existing alleys that do not abut residential neighborhoods. A small reduction in the
required on-site parking requirements for small markets and restaurants is consistent
with this policy as the use of the Downtown public parking structures will be enhanced
with the reduction in the requirement for private parking spaces. In addition, the
limitation of curb cuts contained in the ordinance will require alley access for on-site
parking in the commercial and mixed-use Downtown area.
The Land Use Element also contains urban design policies and objectives, specifically
Policy #3.1.1 and Policy #3.1.3 which govern building form. These policies call for
minimizing the perceived mass of buildings and the consideration of the character of
historic resources in the design of new buildings. The proposed ordinance requires a
clear delineation between the ground floor and upper floors of buildings which is
consistent with Policy #3.1.1. Consistent with Policy #3.1.3, the proposed ordinance
requires special treatment to new buildings and new construction that are proposed next
to buildings that are considered historic resources.
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Staff believes that increasing the ground floor heights without increasing building
heights and the potential consequent loss of housing production would not be contrary
to the Housing Element. Specifically, the City's contribution to regional housing
production would not be affected as multi-family housing production within the City has
significantly outpaced that required to achieve the City's fair share contribution goal.
Specifically, the City's regional "fair share" or housing unit goal as contained in the
current Housing Element is 2,208 units. With 2,215 units completed and 566 units with
building permits issued through June 30, 2005, the City has already greatly exceeded
its housing unit production goal. In addition, the ordinance language recommended by
staff allows for a modification of this requirement by the Planning Commission, or the
Architectural Review Board in the absence of Planning Commission review.
Conclusion
The goal for the Downtown is for a higher-quality pedestrian-oriented environment. The
proposed text amendments provide modifications to development and design standards
that meet public policy intentions to enhance the pedestrian experience in the
Downtown.
CEQA STATUS
The project is categorically exempt (Class 5) from the provisions of CEQA pursuant to
Section 15305(a) of the State Implementation Guidelines in that the project involves a
minor alteration in the land use limitations on parcels which have a slope of less than
20% and does not result in any change in land use or density. The proposed ordinance
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enacts modifications to existing development and off-street parking standards and the
incorporation of design standards for buildings within the Downtown that do not increase
the allowable floor area or modify the land uses permitted within the area.
In addition, the modifications to the off-street parking requirements for small markets
and restaurants is exempt from CEQA pursuant to Section 15301, Class 1 which covers
the operation and permitting of existing private structures and facilities involving no or a
negligible expansion of use. The proposed ordinance will not permit any expansion of
an existing private structure or facility.
In addition, the proposed ordinance is exempt from the provisions of CEQA pursuant to
Section 15061(b)(3) which states that only projects that have a potential for causing a
significant effect on the environment are subject to environmental review. Modifications
to building farade and pedestrian-oriented design standards and the incorporation of
development standards that require consideration of adjacent historic resources will not
have significant environmental effects and will enhance the pedestrian environment in
the Downtown. In addition, the modifications to the off-street parking requirements for
small markets and restaurants in the Downtown will not have a significant effect on the
environment since the Downtown area is the focal point for transit in the City which
reduces the need for vehicular travel and is home to a large number of visitors,
employees and residents who are potential patrons of these businesses and who would
also not use vehicles. In addition, there is a significant number of public parking
structures in the area, including the soon-to-be-opened Main Library parking structure
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that would serve these businesses and, from a practical standpoint, the on-site parking
spaces that are provided for these and other commercial businesses are generally not
utilized by patrons since vehicular access to the parking spaces is generally from the
rear alley and difficult to find.
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 Anqeles Times
newspaper at least ten consecutive calendar days prior to the hearing. Notice of the
public hearing was also sent to all neighborhood organizations, 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 does not have any budget or fiscal impact.
RECOMMENDATION
It is recommended that the Council introduce for first reading the ordinance contained in
Attachment A.
Prepared by: Andy Agle, Interim Director
Amanda Schachter, Planning Manager
Paul Foley, Principal Planner
City Planning Division
Planning and Community Development Department
ATTACHMENTS:
A. Proposed Ordinance
B. Notice of Public Hearing
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