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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 2 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, 3 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 4 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; 5 (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). 7 (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. 8 (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 9 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. 11 (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. 12 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. 13 (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 14 (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 15 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. 16 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 17 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. 18 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 19 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