O2351City Council Meeting 3-22-11 Santa Monica, California
ORDINANCE NUMBER 2351 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA TO AMEND SANTA MONICA MUNICIPAL CODE SECTIONS
9.04.08.15.060, 9.04.08.15.070, 9.04.10.02.040, AND 9.04.10.08.170 TO IMPLEMENT
THE BAYSIDE SPECIFIC PLAN AND THE DOWNTOWN PARKING PROGRAM AND
TO FACILITATE THE CONSTRUCTION OF NEW CITY-OWNED PARKING
STRUCTURES
WHEREAS, in January 1996, the City Council adopted the Bayside District
Specific Plan (BDSP), dividing the downtown area into four distinct zones; and
WHEREAS, the BDSP reduced allowable heights, with exceptions for residential
development and City-owned parking structures; and
WHEREAS, in February 1996, the City Council amended the Zoning Ordinance
to create the BSC District and incorporate the standards in the BDSP, but did not
include the exceptions for City-owned parking structures; and
WHEREAS, on February 28, 2006, the City Council approved the Downtown
Parking Program to strategically retrofit and add parking resources in the Downtown so
as to provide adequate public parking resources in the Downtown to support existing
and future land uses through a pooled parking supply that includes existing retrofitted
parking structures, reconstructed parking structures and new structures; and
WHEREAS, on the same date, the City Council certified the Final Program
Environmental Impact Report for the Program which analyzed the environmental
impacts of a parking program that included the demolition and reconstruction of several
existing parking structures including Parking Structure 6 with a maximum height of 84'
and 3 levels of subterranean parking; and
WHEREAS, in 2008, the City contracted with Walker Parking Consultants to
review and update the City's downtown parking needs assessment; and
WHEREAS, the Walker Parking Study, made a number of recommendations
addressing how the City could manage and plan for future parking needs, including
recommending the reconstruction of Parking Structure. #6 with maximum capacity and
identifying opportunities to maximize the use of existing downtown parking resources,
thus reducing the need to construct additional parking spaces at other locations; and
WHEREAS, in November 2009, the Council authorized staff to pursue design of
anew parking structure to replace Parking Structure #6 with the direction to maximize
the parking supply at this location to serve existing and future development planned in
the downtown as part of the Downtown Parking Program; and
WHEREAS, this proposed text amendment would modify provisions of the
Zoning Ordinance for City-owned parking structures pertaining to the permitted height in
the Bayside District Zone 2 (BSC2) and to pedestrian-oriented standards and building
stepbacks in the Bayside District; and
WHEREAS, the proposed text amendment would also modify the building
volume envelope for City-owned parking structures and parking slope maximums
generally; and
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WHEREAS, these amendments would support the design and construction of
City-owned parking structures in the downtown by recognizing the specific design
requirements of this building type; and
WHEREAS, on March 2, 2011, the Planning Commission reviewed the proposed
text amendment; and
WHEREAS, the proposed text amendment is consistent in principle with the
goals, objectives, policies, land uses, and programs specified in the adopted General
Plan in that the amendment is consistent with Land Use and Circulation Element Goal
D11 (address parking needs comprehensively, identifying shared parking opportunities),
Goal D8 (ensure that new and remodeled buildings in the downtown contribute to the
pedestrian character of the downtown and are compatible in scale) and Goal T25
(design parking to meet applicable urban design goals and minimize negative impacts
__ on pedestrians, bicyclists and transit uses), and with Bayside District Specific Plan
Section 4.1.36 (allow new parking structures in Zone 2 [BSC2] to be permitted to a
height of 84 feet); and
WHEREAS; the public health, safety, and general welfare require the adoption of
the proposed amendment which addresses the unique engineering and circulation
requirements of parking structures by modifying zoning provisions pertaining to the
permitted height, pedestrian-oriented standards, building stepbacks and parking slope
maximums for City-owned parking structures, ensures that the Zoning Ordinance
establishes appropriate standards for the design of parking structures with ground floor
pedestrian orientation, and allows for the approval of a conditional use permit
application for the replacement of Parking Structure #6 at 1431 2"d Street,
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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:
9.04.08.15.060 Property development standards.
All property in the BSC District shall be developed
in accordance with the following standards:
(a) Maximum Building Height and FAR.
Maximum building height, number of stories and floor area
ratio shall be determined as follows:
District Maximum Maximum Maximum
Height Number of FAR
Stories
BSC-t 56' 4 3.0
BSC-2 56' 4 3.0
BSC3 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
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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 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);
(D) A passageway dedicated to the City of Santa
Monica as a recorded easement is provided;
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(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;
(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 Sectioh 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).
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(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 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.
(7) Without requiring a development review permit,
City-owned public parking structures in the BSC-2 District
may be developed to a maximum height of eighty-four feet
as measured to the rooftop parking surface, excluding
permitted projections, with no FAR limitation.
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(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 stepback is necessary to maintain the district's
existing character and to provide visual continuity with
nearby structures. Notwithstanding the above, City-owned
public parking structures shall instead be required to step
back above the second floor a minimum of thirteen feet
measured from the property line to the guard rail, with
architectural treatments and stairs permitted to encroach into
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this stepback: (a) up to the property from grade to the fourth
floor, (b) up to 10 feet from the fifth floor to sixth floor, and (c)
up to 7 feet from the seventh floor and above.
(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) Development Review Required. For all
zoning classifications. in the BSC District, a development
review permit is required for any new development of more
than seven thousand five hundred square feet of floor area
and for any development with rooftop parking, except the
following projects shall be subject to a development review
permit if in excess of thirty-thousand square feet:
(1) Projects that contain a minimum of eighty
percent of floor area devoted to multi-family residential use
provided that at least twenty percent of the housing units are
deed-restricted or restricted by an agreement approved by
the City for occupancy by households with incomes of sixty
10
percent of median income or less or at least ten percent of
the housing units are deed-restricted or restricted by an
agreement approved by the City for occupancy by
households with incomes of fifty percent of median income
or less. The required percentage of affordable housing units
shall not apply to any State density bonus units provided in
the project.
(2) Affordable housing projects in which one
hundred percent of the housing units are deed-restricted or
restricted by an agreement approved by the City for
occupancy by households with incomes of eighty percent of
median income or less.
(3) The requirements of subsection (d)(1) may
also be met through the. provision of off-site affordable
housing units subject to the following provisions:
(A) The number of off-site affordable housing units
provided by the project shall be at least twenty-five percent
greater than the number of on-site units that would have
been provided by the project to meet the requirements of
subsection (d)(1) ofthis Section.
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(B) The off-site affordable housing units shall be
developed in accordance with the requirements of
subsections (b) through (g) of Section 9.56.060 of this Code.
(C) The off-site affordable housing units shall be
located in an affordable housing project in which one
hundred percent of the housing units are deed-restricted or
restricted by an agreement approved by the City in
accordance with the following affordability levels:
(i) At least fifty percent of the housing units in the
affordable housing project shall be affordable to low (sixty
percent of median income) or very low (fifty percent of
median income) income households, and
(ii) The remaining housing units in the affordable
housing project shall be affordable to moderate (one
hundred percent of median income), low or very low income
households.
(D) The affordable housing project shall be
developed to the maximum allowable floor area for the zone
in which the project is developed consistent with the City's
architectural design standards.
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Square footage devoted to residential use shall be
reduced by fifty percent when calculating whether a
development review permit is required.
(e) City-owned Parking Structures in BSC-2
District. Notwithstanding subsection (d) of this Section,
projects that involve the construction or expansion of a City-
owned public parking structure in the BSC-2 District shall not
require a Development Review Permit.
SECTION 2. Santa Monica Municipal Code Section 9.04.08.15.070 is hereby
amended to read as follows:
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 ground floor commercial
spaces shall be at the same grade as the adjacent public
sidewalk. The finished floor level of the ground floor
commercial spaces shall be no more than six inches below
the average grade of the adjacent sidewalk or twelve inches
above the average grade of the adjacent sidewalk.
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(b) The ground floor level floor-to-floor height
shall be a minimum of eighteen feet within the front seventy-
five feet of the building. Affordable housing projects as
defined in Section 9.04.02.030.025 shall not be subject to
this subsection.
(c) Ground floor uses shall be pedestrian-oriented
uses for a minimum depth of seventy-five feet measured
from the front of the structures.
(d) The Planning Commission, or the
Architectural Review Board in the absence of Planning
Commission review, may modify the requirements of
subsections (a) and (b) of this Section and the requirements
of subsection (c) of this Section for City-owned public
parking structures 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
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(2) That the granting of an exception would not
adversely affect surrounding properties or be detrimental to
the district's pedestrian-oriented environment.
(e) In any new or reconstructed building, a
minimum of seventy percent of the building fapade 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.
(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
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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 buildings or additions to existing
buildings that are adjacent to buildings identified as historic
resources, all portions of the new building or addition located
within afive-foot vertical distance from the cornice of the
adjacent historic resource shall be stepped back ten feet
from the adjacent side property line and the adjacent side
wall shall be designed with the same level. of finish and
detailing as the front fagade of the new construction. The
Planning Commission, or Architectural Review Board in the
absence of Planning Commission review, may modify this
requirement if the following findings 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.
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SECTION 3. Santa Monica Municipal Code Section 9.04.10.02.040 is hereby
amended to read as follows:
9.04.10.02.040 Building volume envelope.
All new buildings and additions to existing
buildings except as specified below 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.
Notwithstanding the above, City-owned public
parking structures shall instead be required to step back
above the second floor a minimum of thirteen feet measured
from the property line to the guard rail, with architectural
treatments and stairs permitted to encroach into this
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stepback: (a) up to the property from grade to the fourth
floor, (b) up to 10 feet from the fifth floor to sixth floor, and
(c) up to 7 feet from the seventh floor and above.
SECTION 4. Santa Monica Municipal Code Section 9.04.10.08.170 is hereby
amended to read as follows:
9.04.10.08.170 Slope.
(a) Areas used exclusively for parking excluding
inter-connecting ramps shall be designed and improved with
grades not to exceed a six and two-thirds percent slope.
(b) Slopes of all driveways and ramps used for
ingress or egress of parking facilities shall be designed in
accordance with the standards established by the Strategic
& Transportation Planning Manager but shall not exceed a
twenty percent slope. Profiles of driveway, ramp, and grade
details must be submitted to the Strategic & Transportation
Planning Manager for approval whenever any slope exceeds
six percent.
SECTION 5. Ordinance No. 2345 (CCS), and any successor legislation thereto,
shall not apply to the development of City-owned public parking structures in the BSC-2
District.
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SECTION 6. 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 7. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 8. 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:
l
MA BHA J~O S MO TR E
City Attorn y
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Approved and adopted this 22nd day of March, 2011.
Richard Bloom, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that
the foregoing Ordinance No. 2351 (CCS) had its introduction on March 8, 2011,
and was adopted at the Santa Monica City Council meeting held on March 22,
2011, by the following vote:
Ayes: Council members: Holbrook, McKeown, O'Connor, Shriver
Mayor Pro Tem Davis, Mayor Bloom
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: O'Day
A summary of Ordinance No. 2351 (CCS) was duly published pursuant to
California Government Code Section 40806.
ATTEST:
.Maria M. Stewart, ity Clerk