SR-09-10-2013-7AAna City II Supplemental
City of
Santa Monica Report
City Council Meeting: September 10, 2013
Agenda Item:
To: Mayor and City Council
From: David Martin, Director of Planning and Community Development
Subject: Introduction and First Reading of an Ordinance to amend Interim Zoning
Ordinance No. 2428 (CCS) to Clarify that the Bergamot Area Plan
Standards Apply When in Conflict with the Zoning Ordinance as specified
and to Specify an Interim Use Permit Approval Process.
Recommended Action
Staff recommends that the Council introduce for first reading the attached ordinance to
amend Interim Zoning Ordinance No. 2428 (CCS) to clarify the relationship between the
Interim Zoning Ordinance (IZO) and the Bergamot Area Plan.
Executive Summary
The Bergamot Area Plan provides that certain uses may be approved through a Minor
Use Permit (MUP), a new process consistent with proposed revisions to the Zoning
Ordinance. However, with adoption of the Bergamot Area Plan prior to the Zoning
Ordinance update, the Plan's reliance on MUPs precedes the establishment of a MUP
process in the Code. Therefore, in addition to the clarification proposed in the Au ust
13, 2013 staff report, this supplemental report proposes an additional amendment to the
Interim Zoning Ordinance to provide for the interim application of the Use Permit
process to ensure smooth implementation of the Bergamot Area Plan.
Background
A comprehensive Zoning Ordinance update is underway to establish the specific zoning
regulations to implement the 2010 Land Use and Circulation Element (LUCE). An
Interim Zoning Ordinance was adopted on February 8 2011 to establish standards
while the Zoning Ordinance Update is underway. This ordinance was most recently
amended and extended [IZO 2428 (CCS)] on June 25, 2013.
Discussion
The Minor Use Permit, MUP, is a new permit process that will be included in the Zoning
Ordinance update. A MUP is considered the appropriate process for land uses that
have fewer impacts than land uses that require a Conditional Use Permit (CUP), but
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require more consideration than land uses that may be permitted by right. In the
Bergamot Area Plan, a MUP would be required for activities including commercial
recreational uses and some categories of services and retail uses (Chapter 5, Table
5.02).
Following the August 13 continuance of the Bergamot Area Plan adoption hearing, it
became evident there will be a gap between the Zoning Ordinance update and the
Bergamot Area Plan adoption that will affect processing land uses that require a MUP.
The proposed interim process would enable the City to apply the existing Use Permit
process for applications received in the Bergamot Plan area prior to adoption of the
updated Zoning Ordinance. The Use Permit is currently required for the types of uses
for which the Bergamot Area Plan specifies a MUP. The Use Permit process requires
Zoning Administrator approval and may be appealed to the Planning Commission,
whereas a CUP is a Planning Commission decision, with appeals heard by Council.
Staff proposes to add the following language to update the Interim Zoning Ordinance
proposed on August 13th as Section 3(k):
"Until the adoption of a revised Zoning Ordinance which includes a process for the
issuance of Minor Use Permits (MUP), an application for any land use for which
Bergamot Area Plan Table 5.02 (Land Use Regulations) requires an MUP shall be
processed as a Use Permit, subject to the provisions of SMMC Section 9.04.20.11."
Attachment A contains the revised, proposed ordinance amendment language utilizing
the existing Use Permit process. No change to the current Use Permit process is
included in the amendment.
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Financial Impacts & Budget Actions
There is no immediate financial impact or required budget action as a result of the
recommended action.
Prepared by: Elizabeth Bar -EI, AICP, Senior Planner
Approved:
r
David Martin, Director,
Planning and Community Development
Attachment
Forwarded to Council:
Rod Gould
City Manager
A. Draft Interim Zoning Ordinance Amendment
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F:\atty\muni\laws\alan\LUCE\InterimOrdAmd9.10.13
City Council Meeting: 09-10-13 Santa Monica, California
ORDINANCE NUMBER (CCS)
(City Council Series)
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING INTERIM ORDINANCE NUMBER 2428 (CCS), WHICH
ESTABLISHED INTERIM DEVELOPMENT PROCEDURES PENDING
IMPLEMENTATION OF THE LUCE, INCLUDING MODIFICATIONS ADDRESSING
ORDINANCE APPLICABILITY, CM DISTRICT NON -CONFORMING USES, SHARED
PARKING AND FAR CALCULATIONS IN THE DOWNTOWN, EXEMPTIONS FOR
CITY PROJECTS, PROVISIONS RELATING TO THE PERMITTED NUMBER OF
RESTAURANTS IN THE CM DISTRICT, THE REPLACEMENT OF EXISTING PUBLIC
PARKING SPACES WITHIN PUBLIC PARKING STRUCTURES IN BSC -2 AND C3 -C
ZONING DISTRICTS, AUTHORIZED EXISTING NONCONFORMING AUTOMOBILE
DEALERSHIP USES AND MINOR EXPANSIONS THERETO IN RESIDENTIAL AND
"A" OFF-STREET PARKING OVERLAY ZONES, MODIFIED THE REQUIREMENTS
FOR MINISTERIAL PROCESSING OF 100% AFFORDABLE HOUSING OF 50 OR
FEWER UNITS, MODIFIED FLOOR AREA RATIO CALCULATIONS IN THE
DOWNTOWN DISTRICT FOR OUTDOOR DINING, PROVIDING AN INTERIM USE
PERMIT APPROVAL PROCESS FOR THE BERGAMOT PLANNING AREA AND
CLARIFYING THAT THE BERGAMOT AREA PLAN DEVELOPMENT STANDARDS
FOR TIER 1 PROJECTS AND AUTHORIZED USES SUPERSEDE THE
REQUIREMENT OF THE ZONING ORDINANCE TO THE EXTENT OF ANY
INCONSISTENCY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Findings and Purpose. The Council finds and declares:
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(a) The City adopted a new Land Use and Circulation Element of the General
Plan of the City of Santa Monica ("LUCE") on July 6, 2010 but has not yet adopted
amendments to the City's Zoning Ordinance reflecting the LUCE's policies, goals and
standards.
(b) The adoption of the LUCE was the culmination of a multi-year planning
process that commenced in 2004.
(c) The LUCE encompasses the community's vision of the City's future and is
designed to maintain the City's character, protect the City's neighborhoods, manage its
transportation systems, and encourage additional housing in a sustainable manner that
ensures a high quality of life for the City's residents.
(d) The LUCE implements the community's core values through its focus on
community character and neighborhood conservation, future trip reduction, vibrant and
walkable villages, integrated land use and transportation, local land uses and housing,
jobs tied to housing and transit, promotion of social and fiscal health and diversity,
sustainability, community benefits, open space, and implementation, phasing and
monitoring.
(e) The LUCE goals and policies are predicated on the integration of land use
and transportation including a focus on the type of land uses, the location of land uses,
the quality of projects, the amount of developmental change, and the pace of this
change.
(f) The LUCE was prepared with the general purpose of guiding and
accomplishing coordinated and harmonious development of the City which, in
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accordance with existing and future needs, best promotes the public health, safety, and
general welfare, as well as efficiency and economy in the process of development.
(g) The LUCE substantially revises the City's land use policies, goals, and
standards.
(h) The City's planning and zoning regulations are presently under
comprehensive review and revision in order to ensure that such regulations are
consistent with the General Plan as amended and consistent with the public health,
safety, and welfare. This comprehensive revision of the City's Zoning Ordinance is a
substantial project which is crucial to the community's long-term welfare as reflected in
the goals, policies, and standards of the LUCE. Major elements of the comprehensive
revision of the Zoning Ordinance are expected within 12 months.
(i) Certain critical areas of conflict between the LUCE and the existing Zoning
Ordinance have been identified by the City's Planning and Community Development
Department as it has reviewed pending applications subsequent to the adoption of the
LUCE.
Q) Zoning Ordinance Part 9.04.20.28 establishes the applicability and
procedures for issuance of administrative approvals which provide for the ministerial
administrative review and assessment of proposed developments subject to explicit
standards contained in the Zoning Ordinance.
(k) The administrative approval process is premised on the assumption that the
explicit standards in the Zoning Ordinance have been adopted to ensure that a
completed project is in harmony with existing or potential development in the area and
is consistent with the goals, objectives, and policies of the General Plan.
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(1) However, this premise underlying the administrative approval process is no
longer applicable given the significant ways in which the LUCE differs from the prior
Land Use and Circulation elements including, but not limited to, the direct linkage
between land use and transportation policies and programs and the establishment of
new development policies and standards which ensure that quality development
contributes to the character of the City.
(m) Additionally, the LUCE establishes a base height for each land use as a
baseline. Proposed development which seeks additional height above the base is
subject to discretionary review and must meet additional requirements consistent with
the community's broader social, environmental, and circulation goals. This approach is
defined in three tiers.
(n) Under the LUCE, Tier 2 and Tier 3 projects must provide community benefits
for the City and the neighborhood. More specifically, a developer seeking to develop a
Tier 2 or Tier 3 project must include certain preferred uses, beneficial project design
features, and provide critical amenities or meet other development standards that
address the community's core needs—it's social, cultural, physical, transportation and
environmental goals.
(o) The LUCE identifies five priority categories of community benefits—new
affordable and workforce housing, GHG emission and congestion reduction, physical
improvements to create connections and open space, social and cultural facilities, and
historic preservation.
(p) The existing Zoning Ordinance does not currently incorporate this tier
structure or establish a mechanism to prioritize and necessitate that projects participate
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in the community benefit tier structure, which is the basis by which much of the LUCE
vision, goals, and policies will be achieved.
(q) Additionally, the LUCE establishes 17 distinct land use designations. One of
these land use designations is the Downtown Core. The purpose of this designation is
to maintain and enhance the downtown area as the heart of the City and as a thriving,
mixed use urban environment. Unlike the other land use designations, the LUCE does
not establish new height and FAR development parameters, but instead provides that
the height and FAR along with other development standards shall be determined
through a specific plan process.
(r) At the time the initial interim ordinance was adopted, there were
approximately 700,000 square feet of administrative and development review projects,
not including development agreements, pending planning review. Of the 700,000
square feet, approximately 500,000 square feet was located within the Downtown Core.
Approximately half of the projects in the Downtown Core were Administrative Approvals
that did not require public review and need only comply with objective standards in the
existing Zoning Ordinance. Within the Downtown, bringing forward approximately
200,000 square feet of new development outside of the development agreement
process before the completion of the Downtown Specific Plan meant that nearly a
quarter of the growth anticipated in the Downtown could be constructed inconsistent
with the yet to be adopted Specific Plan. The Downtown Specific Plan will include a
circulation framework that will address the integration of Expo light rail into the
Downtown system, freeway access, direct parking structure access, and congestion;
establishing the foundation for future land use and transportation decisions. If these
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Administrative Approvals had proceeded in a piecemeal fashion without these
components, it would have undermined the community vision set forth in the Downtown
District goals and policies, as well as the Downtown Specific Plan process underway
and would have detrimentally affected the City's ability to implement LUCE goals and
policies, particularly with respect to: providing open spaces, trip reduction, coordinating
with adjacent sites, congestion management, and achieving community goals through
community benefits and quality urban design.
(s) Additionally, transit -oriented districts in the City's transitioning industrial areas
are not reflected in the current zoning ordinance, which allows uses that would now be
considered undesirable and inconsistent with the LUCE.
(t) Pending completion of the comprehensive update to the Zoning Ordinance, it
is essential that development be consistent with the General Plan so that the goals and
values of the community, as reflected in the LUCE, are not significantly undercut.
Adjusting the development standards as provided in this Ordinance will ensure that the
quality of life, the environment, the ability to move around the City, and the efficacy of
the ongoing planning process are preserved.
(u) Adoption of this ordinance would not prohibit any development, but would
instead provide an alternate process by which development is reviewed and approved
so as to ensure consistency with and appropriate implementation of the LUCE.
(v) Adoption of this ordinance would also not materially alter the City's
substantial incentives for residential or mixed use development in non-residential zoning
districts. These incentives would be preserved in local law and policy. For example,
residential development in all of the City's commercial districts would remain authorized.
Thus, residential development could still occur in over 80% of the City.
(w) After the adoption of the initial interim ordinance, issues were raised relating
to the processing of projects that were in the pipeline prior to the effective date of the
initial interim ordinance which require the City to expeditiously consider and adjust the
applicability provisions of the interim ordinance to ensure fairness to project applicants
while preserving the City's ability to effectuate the goals and policies of the LUCE.
(x) After the interim ordinance was extended on April 26, 2011, it became
apparent that allowing two restaurants per block on the east side of Main Street north of
Ocean Park Boulevard will promote the general welfare by encouraging additional
investment in that neighborhood and strengthening the connection between Main Street
and the Civic Center.
(y) As detailed above and in the LUCE, the City's downtown is a thriving, mixed-
use urban environment for people to live, work, be entertained, and be culturally
enriched.
(z) This area has the greatest concentration of activity in the City, anchored by
the core commercial district, including the Third Street Promenade and Santa Monica
Place.
(aa) The City's publically owned parking structures in the BSC -2 and C3 -C zone
districts are essential to a vibrant, economically viable downtown area, providing
parking for the offices, restaurants, theaters, and residences.
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(bb) The vast majority of the City's residents regularly visit downtown and use its
parking resources.
(cc) The importance of the City's publically-owned parking infrastructure in the
City's downtown is reflected in the numerous studies and reports over the past dozen
years, including but not limited to the 2000 Downtown Parking Management Program,
the 2002 Downtown Parking Task Force strategic plan, the 2006 Downtown Parking
Program, and the 2009 Walker Parking Study.
(dd) These centrally located parking structures enable their users to park once
and then walk to multiple destinations.
(ee) This "Park Once" philosophy contributes to the Downtown's pedestrian
character and is a major underpinning of its success.
(ff) These parking structures are also operated in a manner to meet the City's
LUCE, transportation and economic goals.
(gg) The LUCE calls for a parking management approach which utilizes a
shared pool of parking resources creating a true shared parking district.
(hh) Given these fundamental goals, it is essential that these parking structures
be protected as precious resources to ensure that adequate parking is available and
that easy access is provided to the core of the Downtown thereby promoting its vitality.
(ii) The City has spent millions of dollars retrofitting and maintaining many of
these structures.
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01) In April 26, 2011, the California Supreme Court issued its decision in
California Redevelopment Association v. Ana Matosantos, affirming AB 1X26 which
provides for the dissolution of redevelopment agencies.
(kk) In AB 1X26, the State legislature incorporated provisions that purport to
require properties formerly owned by the City's Redevelopment Agency to be sold so
that the proceeds can be transferred to the County auditor -controller for distribution to
taxing entities as property tax proceeds.
(II) In such event, to ensure replacement parking essential for the economic
viability of the City's downtown, there is a need for a development standard that
requires an owner to first obtain a final permit for a project providing replacement public
parking within the same district before an owner may remove, redevelop or convert a
parking structure in a manner that results in the removal of public parking spaces.
(mm) On April 11, 2006, the City Council adopted Interim Ordinance Number
2179 (CCS), after lengthy public outreach, environmental review, and hearings,
modifying auto dealership standards in various commercial and residential zoning
districts in the City to better balance the need for auto dealerships to expand and
develop a more urban format within a context of limited land availability and close
proximity to sensitive residential uses. This Ordinance was extended several times, but
expired August 8, 2010.
(nn) Consistent with LUCE goals and policies, it has and continues to be
contemplated that the provisions of the auto dealership interim ordinance would be
included in the Zoning Ordinance Update that is currently under preparation.
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(oo) More specifically, Goal E8 of the LUCE states: "Allow for the expansion and
improved performance of automobile dealers in Santa Monica, recognizing their
contribution to the local economy and the revenue base of the General Fund." Further,
LUCE Policy E8.3 states: "Allow automobile dealers to reasonably expand in their
current locations and otherwise respond to likely global changes in the automobile
industry as long as their redevelopment is in the urban auto dealership format and
incorporates mitigations to reduce any negative impacts on the surrounding residential
and nonresidential uses. The expansion may occur on existing parcels used for
automobile dealerships and on adjacent or proximate parcels."
(pp) Auto dealerships are important to the economic vitality of the City, and
readopting, with modification, certain of the auto dealership interim ordinance provisions
would encourage the retention of these dealerships by enabling these dealerships to
expand and modernize their operations in order to remain competitive in the industry
while ensuring that changes or improvements made on existing automobile dealer lots
are sensitive to and in keeping with the character of adjacent residential areas.
(qq) The dissolution of the City's Redevelopment Agency and the associated
loss of the City's primary funding source for affordable housing have significantly
impacted the City's ability to produce housing for the lowest household income
categories. Historically, the City's Housing Division invested approximately $15 million
of Housing Trust Funds annually to finance affordable housing through loans and grants
to non-profit housing developers. With the dissolution of redevelopment, the majority of
the Housing Trust Funds' dollars, as well as the City's ability to leverage these monies
with outside funding has been eliminated.
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(rr) The LUCE identifies the production of affordable housing as one of the City's
highest priorities and many of the LUCE policies are targeted at the production of
affordable housing. For instance, LUCE Policy H1.2 provides that the City should
"maintain programs to require and encourage the production of affordable housing for
very low-, low- and moderate income households," "seek additional opportunities to
increase the percentage of affordable housing as a component of for -sale and qualifying
rental residential and mixed-use housing projects," and "incentivize affordable housing
projects." LUCE Policy H1.3 provides that the City should "incentivize the creation of
new affordable housing opportunities."
(ss) The City is in the process of updating its Housing Element. The City's
Regional Housing Needs Assessment (RHNA) includes four hundred twenty-eight (428)
very low income housing units and two hundred sixty-three (263) low income housing
units.
(tt) The loss of redevelopment monies and the City's future affordable housing
goals as reflected in the RHNA necessitates that the City strengthen its incentives for
the production of housing which provide a greater mix in housing affordability levels and
address the City's need for low, very low and extremely low affordable housing units.
The proposed revision to the standards for the ministerial processing of 100%
affordable housing projects of 50 or fewer units directly addresses this effort.
(uu) Encouraging ground floor outdoor dining is an important goal expressed in
the LUCE. Excluding such dining from the calculation of floor area ratio can help
incentivize this use and create opportunities for adaptive reuse in existing structures
that would not presently be possible. Such ground floor outdoor dining does not
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contribute to a building's mass and density, and therefore its exclusion from FAR is
appropriate. However, ground floor outdoor dining would still be considered floor area
so that its potential impacts on such areas as parking and traffic would still be
calculated.
(vv) The Bergamot Area Plan has been adopted to provide both the goals and
policies of the General Plan Land Use and Circulation Element for that geographic area
and to provide area -specific development standards that will apply to create a new
transit -oriented neighborhood in proximity to the Exposition Line Bergamot Station. The
Plan's provisions are comprehensive and in order to ensure the intended outcomes, the
Bergamot Area Plan requires that all projects be consistent with its policies guidelines
and development standards In order to ensure proper implementation of the Plan as
intended amendment of the Interim Zoning Ordinance is necessary so that in cases of
conflict between the Bergamot Area Plan and Zoning Ordinance pertaining to any
development standard for a Tier 1 proiect or any authorized use, the Bergamot Area
Plan shall control In addition while the Bergamot Area Plan requires a Minor Use
Permit for certain uses within the Plan area the Minor Use Permit, a proposed
innovation in future revisions to the Zoning Ordinance update, has not vet been
established as a process Amendment of the Interim Zoning Ordinance is necessary to
establish an interim process by which staff can process requests for those uses that
require a Minor Use Permit under the Bergamot Area Plan.
(ww) In light of the above -detailed concerns, on February 8, 2011, the City
Council adopted Interim Ordinance Number 2345 (CCS) establishing interim
development procedures pending implementation of the LUCE through a revised Zoning
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Ordinance; on April 26, 2011, the City Council adopted Ordinance Number 2356(CCS)
extending and amending Ordinance Number 2345 (CCS); on February 28, 2012, the
City Council adopted Ordinance Number 2394 (CCS), further extending and amending
Ordinance Number 2345 (CCS), on August 28, 2012, the City Council adopted
Ordinance Number 2407 (CCS) additionally extending and amending Ordinance
Number 2345 (CCS), aPA on February 26, 2013, the City Council adopted Ordinance
Number 2417 (CCS) amending Ordinance Number 2345 (CCS) to address ministerial
processing of 100% affordable housing projects of 50 or fewer units, and on June 25,
2013 City Council adopted Ordinance Number 2428 (CCS), further extending and
amending Ordinance Number 2345 (CCS) to exempt ground floor outdoor dining on
Private property from a Floor Area Ratio Calculation in the Downtown District.
(xx) Pending completion of the City's review of its planning and zoning
regulations, it is necessary on an interim basis to modify the Zoning Ordinance as set
forth in Section 2, Section 3, Section 4, Section 5, and Section 6 of this Ordinance.
(yy) As detailed above and in the January 25, 2011, April 26, 2011, February 14,
2012, August 14, 2012, February 12, 2013, and June 11, 2013 City Council staff
reports, there continues to exist a current and immediate threat to the public health,
safety, and welfare should the interim zoning ordinance and necessary amendments not
be adopted and development of projects inconsistent with the LUCE be allowed to
proceed through the issuance of Administrative Approvals or Development Review
Permits which are not consistent with the explicit standards of the LUCE or with the tier
structure and the provision of community benefits.
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SECTION 2. Interim Zoning Regulations
Notwithstanding any provision of the City's Zoning Ordinance to the contrary, the
issuance or extension of permits for either a new development project or for the
expansion of an existing development project that exceeds 7500 square feet
("development project") that does not comply with the interim zoning standards set forth
in Section 3, Section 4, Section 5, or Section 6 of this Ordinance is hereby prohibited
and no zoning permits or approvals, subdivision maps, building permits, or other land
use permit shall be approved, issued, or extended for a development project in
contravention of Section 3, Section 4, Section 5, or Section 6, during the pendency of
this Ordinance or any extension thereof.
SECTION 3. Interim Zoning.
(a) Administrative Approvals. No development project shall be approved
pursuant to Santa Monica Municipal Code Section 9.04.20.28.020 [Administrative
Approvals] unless all of the following findings are made:
(1) The proposed development does not require discretionary review or approval
as established in the Zoning Ordinance, the LUCE, or this Interim Ordinance.
(2) The proposed development conforms precisely to the development
standards contained in both the Zoning Ordinance and in the LUCE for the zoning
district and land use designation in which the development is located.
(3) In the case of any inconsistency between the Zoning Ordinance and the
LUCE pertaining to any objective development standard or permitted use, the proposed
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development conforms to the more restrictive development standard and is a permitted
use authorized by the LUCE.
(4) Additionally, notwithstanding subsection (c) of this Section, any pending
Administrative Approval application filed on or before March 11, 2011 for a housing
development project must meet the following Transportation Demand Management
requirements:
(i) Prior to the issuance of building permits, the property owner shall prepare,
implement, and maintain a Transportation Demand Management plan, to the
satisfaction of the City, including physical, operating and leasing conditions that will be
reasonably likely to result in attainment of a 1.50 a.m. and p.m. AVR among employees
at the development within three years and continued achievement and maintenance of
the AVR targets thereafter. The following measures shall be included in the developer's
TDM plan:
(A) Transportation Information: Developer (and its successors and assignees)
shall provide, to the satisfaction of the City, bulletin boards, display cases, or kiosks,
displaying transportation information located where the greatest number of residents
and employees are likely to see them. This information shall also be provided annually
and upon signing of any lease, to residents and commercial tenants. Information shall
include, but is not limited to, the following:
® Current maps, routes, fare information, and schedules for public transit
routes serving the site.
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■ Telephone numbers and website links for referrals on transportation
information including numbers for the regional ridesharing agency and
local transit operators.
■ Ridesharing promotional material supplied by commuter -oriented
organizations.
■ Bicycle route and facility information, including regional/local bicycle maps
and bicycle safety information.
■ A list of facilities available for carpoolers, vanpoolers, bicyclists, transit
riders, and pedestrians at the site.
■ Walking maps and information about local services, restaurants, movie
theaters, and recreational activities within walking distance of the project.
(B) Motorcycle Parking: Developer (and its successors and assignees) shall
provide two motorcycle parking spaces allocated in the commercial subterranean
parking level, if commercial parking is provided on-site.
(C) Bicycle Parking: Developer (or successors and assignees) shall provide
and maintain long-term, secure bicycle parking, such as a locked room or cage, for
commercial tenant employees at a rate of one space for each 5,000 sq. ft. of
commercial area, with a minimum of two spaces in City -approved locations. Long-term
secure bicycle parking for the residential component shall be one space per bedroom
and shall be provided in an enclosed, secure space (e.g. bike room, bike lockers).
Short-term bicycle parking for the residential component shall be 0.2 spaces/unit with a
minimum of 4 spaces.
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(D) Bicycle, Vanpool, and Carpool Parking Spaces: Developer (or successors
and assignees) shall provide parking space in accordance with SMMC 9.04.10.08.050.
Preferential parking within the parking garage shall be provided for project employees
who carpool or vanpool to work. The charge for such parking spaces will be at a
reduced rate.
(E) Showers: A minimum of one women's and one men's shower and locker
facility shall be provided for employees of commercial uses on site who bicycle or use
another active means, powered by human propulsion, of getting to work or who exercise
during the day.
(F) Unbundling of Parking Spaces: If the City adopts an ordinance or other
legal mechanism which authorizes the unbundling of parking, the Applicant (or
Applicant's successors and assigns) shall in all leases it executes as landlord of
residential units within the Project provide residential tenants with the option of leasing
parking space(s) separately from the residential unit. Any parking spaces not leased by
project residential tenants may be leased to any lessee on a month to month basis,
whether or not the lessee otherwise occupies or works at the project, provided project
residential tenants are given first priority to lease such spaces.
(G) Transportation Management Organization: Developer shall agree to
participate in a Transportation Management Organization serving its area and require
same of its tenants. If the City adopts a requirement that a Transportation Management
Organization be formed for the project's geographic area, property owner and tenants
shall participate in any specific strategies that may be implemented, including but not
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limited to, support for transit use, shared parking, car sharing opportunity, and
pedestrian and bicycle improvements.
(b) Tier 2 and Tier 3 Development Projects. Notwithstanding the development
standards specified in the Zoning Ordinance, no development project which would
constitute a Tier 2 or Tier 3 project as established pursuant to LUCE Chapter 2.1 shall
be approved except City projects or projects developed pursuant to a development
agreement adopted pursuant to Santa Monica Municipal Code Chapter 9.48. City
projects are defined as City public works projects and City community facilities (e.g.
libraries, public parking structures, recycling centers, and community centers), not
including public/private partnerships, and City projects shall be deemed to meet the
community benefit requirements of Tier 2 and Tier 3 development projects.
(c) Downtown Core. Notwithstanding the development standards specified in
the Zoning Ordinance, no development project in the Downtown Core as delineated in
the Land Use Designation Map approved by the City Council on July 6, 2010 shall
exceed 32 feet in height except City projects or projects developed pursuant to a
development agreement adopted pursuant to Santa Monica Municipal Code Chapter
9.48. However, development projects located entirely within the BSC1 Zoning District
shall not be subject to these interim standards provided that the development project is
less than the height and floor area of the existing building.
(d) 100% Affordable Housing Proiects. Notwithstanding subsection (b) and (c)
of this Section, affordable housing projects with 50 units or less will continue to be
processed ministerially if a minimum of twenty-five percent (25%) of the housing units
are deed -restricted or restricted by an agreement approved by the City for occupancy
d -i
by households with income of sixty percent (60%) of Area Median Income or less and
the remainder 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
(80%) of median income or less. Such affordable housing projects may also include
non-residential uses, as long as such uses do not exceed a maximum percentage of
33% of the total floor area.
Notwithstanding Section 7, affordable housing projects with 50 units or less
which are being developed pursuant to a settlement agreement with the City or which
received their Administrative Approval prior to January 8, 2013 shall continue to be
processed in accordance with Ordinance Number 2407 (CCS).
(e) Shared Parking. The following administrative process is hereby established
authorizing property owners and tenants to request shared parking in the Downtown
Core, except for projects that are processed through a development agreement. A
shared parking permit is intended to permit the owners of parking facilities to rent or
lease underutilized parking that is available in their facility to nearby residents, workers
or businesses while reserving sufficient parking supply needed for on-site uses.
(1) Permit Required.
A shared parking permit, approved by the Planning Director, or his/her designee,
shall be required and shall be issued prior to the commencement of a shared parking
use of any private parking facility that is otherwise limited to on-site users. The
Planning Director, or his/her designee, may establish additional conditions to further the
intent of this subsection (e) and ensure that parking spaces needed for the primary on -
lips
site uses will be available during the hours needed for their use. A public hearing shall
not be required for issuance of a shared parking permit.
(2) Application.
Application for a shared parking permit shall be filed in a manner consistent with
the requirements contained in Municipal Code Part 9.04.20.20.
(3) Findings.
The Planning Director, or his/her designee, or Planning Commission on appeal,
may approve a shared parking permit application, in whole or in part, with or without
conditions, only when all of the following findings are made in an affirmative manner:
(i) The operation of the requested shared parking permit at the location
proposed and within the time period specified will not adversely impact the primary use
of the parking facility for its intended on-site users, or otherwise endanger the public
health, safety, or general welfare.
(ii) The shared parking permit sets forth the maximum number of shared
parking spaces that are being approved for use by off-site users that will be available
during peak and off-peak parking demand periods so as to ensure that a sufficient
number of spaces will be provided to meet the greater parking demand of the
anticipated users.
(iii) Additional requirements, restrictions or agreements, as deemed necessary
by the Planning Director, or his/her designee, are included as a requirement(s) of the
shared parking permit to ensure that parking spaces needed for the primary on-site
uses will be available during the hours needed for their use.
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The Planning Director, or his/her designee shall prepare a written decision
which shall contain the findings of fact upon which such decision is based and all
required conditions, if approved. The decision shall be mailed to the applicant and to
property owners and residents of parcels adjacent to the parcel for which the Shared
Parking Permit is requested. Copies of the decision shall also be provided to the
Planning Commission.
(4) Term of Permit.
A shared parking permit shall be valid for a one-year period from the date of
issuance unless a different period is set by the Planning Director, or his/her designee, or
the Planning Commission on appeal, as a condition of granting the shared parking
permit. The permit shall renew automatically for additional one-year periods unless the
permit is modified or revoked in accordance with subsection (6) of this Section.
(5) Monitoring.
The permit holder shall grant City staff access to the parking facility for the
purpose of verifying parking availability prior to issuing the permit as well as to allow
random monitoring after the permit is issued.
(6) Modification or Revocation.
The City may modify or revoke an approved shared parking permit in accordance
with the following procedures:
(i) If the Planning Director designee receives evidence that the conditions of
the permit have not been met, or the permit granted is being or has recently been
exercised contrary to the terms of the approval or in violation of a specific statute,
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ordinance, law, or regulation, the Planning Director designee shall serve notice of these
violations, either in person or by registered mail, on the owner of the property and on
the permit holder and shall provide the permit holder with a reasonable opportunity to
cure the violation(s).
(ii) If the permit holder or property owner has not responded to the notice
within 10 days or the Planning Director designee determines that the permit holder has
failed to cure the violation, the Planning Director designee may refer the matter to the
Zoning Administrator for a revocation hearing. Notice of hearing shall be published
once in a newspaper of general circulation within the City and shall be served either in
person or by registered mail on the owner of the property and on the permit holder at
least ten days prior to such hearing. The notice of hearing shall contain a statement of
the specific reasons for revocation.
(iii) After the hearing, a shared parking permit may be revoked by the Zoning
Administrator or by the Planning Commission on appeal or review if any one of the
following findings is made:
fraud
(A) That the Shared Parking Permit was obtained by misrepresentation or
(B) That the conditions of the permit have not been met, or the permit granted
is being or has recently been exercised contrary to the terms of the approval or in
violation of a specific statute, ordinance, law, or regulation.
M
A written determination of modification or revocation of the shared parking permit shall
be mailed to the property owner and the permit holder within ten days of such
determination.
(7) Appeals.
Any person may appeal the approval, conditions of approval, denial, modification
or revocation of a shared parking permit to the Planning Commission if filed within
fourteen consecutive calendar days of the date the decision is made in the manner
provided in Municipal Code Part 9.04.20.24, Sections 9.04.20.24.020 through
9.04.20.24.040.
(f) Floor Area Ratio Calculations in the Downtown Core. In the Downtown Core,
below -grade floor area shall not be included when calculating a project's floor area ratio
(FAR). However, such below -grade floor area shall be counted as floor area for all
other purposes.
(g) Floor Area Ratio Calculations in the Downtown District. In the Downtown
District, as defined in the LUCE, ground floor outdoor dining in buildings on private
property shall not be included when calculating a project's floor area ratio (FAR)
provided the dining area has no more than a 42 inch high barrier surrounding the dining
area and is visible from the public right of way. However, such ground floor outdoor
dining shall be counted as floor area for all other purposes.
(h) Non -conforming Uses in CM District. An existing use in the CM District shall
be considered no longer existing if that use is changed to another type of use or if for a
period of one year such use has not been in regular operation. Regular operation shall
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be considered being open for business to the general public during such use's
customary business hours.
(i) Notwithstanding the provisions of Section 9.04.08.28.070 of the Zoning Code,
two restaurants per block shall be allowed on the east side of Main Street north of
Ocean Park Boulevard and south of Pico Boulevard.
Q) No removal, redevelopment or conversion of a parking structure in BSC -2 and
C3 -C zone districts, publically owned as of February 14, 2012, which results in the loss
of parking spaces above the ground floor shall be permitted unless the final permit to
commence construction for a project providing the one-to-one replacement of this
parking has been issued in the same zoning district and this replacement parking will be
offered to the public at rates comparable to the most recent rates offered to the public
for the removed parking spaces.
(k) Notwithstanding subsection (a)(3) within the Berqamot Area Plan
boundaries in the case of any inconsistency between the Zoning Ordinance and the
Bergamot Area Plan pertaining to any development standard for a Tier 1 project or any
authorized use the provisions in the Bergamot Area Plan shall control and be applied
Until the adoption of a revised Zoning Ordinance which includes a process for the
issuance of Minor Use Permits (MUP) an application for any land use for which
Bergamot Area Plan Table 5.02 (Land Use Regulations) requires an MUP shall be
processed as a Use Permit subject to the provisions of SMMC Section 9.04.20.11.
SECTION 4 Automobile Dealerships in Residential and "A" Off -Street
Parking Overlay Zones:
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Lots designated ("A") Off -Street Parking Overlay District, Low Density Multiple -
Family Residential District (R2), or Medium Density Multiple Family Residential District
(R3) that are contiguous to and were used legally in conjunction with an automobile
dealership in operation on August 14, 2012, which automobile dealership uses have not
subsequently been abandoned ("Qualifying Lots"), may be developed as an automobile
storage structure or parking structure provided these uses are operated in conjunction
with an automobile dealership on the associated and adjacent commercial lot and the
development is undertaken pursuant to subsections (a) through (1) of this Section. The
expansion of automobile dealership support areas shall be authorized if undertaken
pursuant to subsection (m) of this Section:
(a) Maximum Parcel Coverage: 50% of residential parcel area.
(b) Maximum Building Height:
(1) R2 Zone: 23 feet, excluding four feet of the required parapet.
(2) R3 Zone: 28 feet, excluding four feet of the required parapet.
(c) Setbacks:
(1) A minimum 20 foot setback from the property line adjacent to a
public street.
(2) A minimum 15 foot setback shall be provided from the property line
opposite the street facing property line. Where an alley is present, this distance may be
measured from the alley centerline.
(3) Except when subsection (c)(2) of this Section applies, a minimum 8
foot setback shall be provided between any above grade structure and a property line
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that is shared with an adjacent residential property that is not used as part of an
automobile dealership.
(d) Inventory Storage on Surface Lots. A qualifying lot may be used for
surface inventory storage only if the following conditions are met:
(1) Any displaced required parking shall be relocated to another off-
street location that is:
(A) Located within 750 feet of the qualifying lot, or
(B) Located within 300 feet of a public transit line that connects
the off-street location with the dealership and the dealership provides free bus passes to
its employees, or
(C) Serviced by a dealership -provided shuttle between the off-
street location and the qualifying lot which has been approved by the City's Director of
Planning.
(2) The displaced parking shall be returned to the qualifying lot if the
criteria of subsection (d)(1) are no longer met.
(e) Prohibited Uses. No portion of a residentially zoned parcel may be used
for auto repair work, rental car use, automobile washing, outdoor display of vehicles,
commercial signage, storage tanks, inventory storage on surface lots (except as
provided in subsection (d) of this Section), or any other use not specifically identified in
this Section 4.
(f) Rooftop Parking: Rooftop parking is permitted subject to the special
standards set forth in Section 5.
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(g) Exemption from additional multi -family development standards: Except as
set forth or modified herein, the property development standards of Santa Monica
Municipal Code Section 9.04.08.06.060 and Santa Monica Municipal Code Section
9.04.08.06.070 shall not apply in order to accommodate the specific structural and
design requirements of parking and automobile storage structures.
(h) Approval Process: A Conditional Use Permit (CUP) and Development
Review (DR) Permit shall be required for the development of any parking structure or
automobile storage lot. The CUP shall be subject to the standards set forth in Section
6. The DR Permit shall be subject to Santa Monica Municipal Code Part 9.04.20.14.
(i) ARB Review: All new construction, new additions to existing buildings and
any other exterior improvements that require issuance of a building permit shall be
subject to architectural review pursuant to the provisions of Chapter 9.32 of this
Chapter.
0) Design Standards. Parking structures constructed under these provisions
shall be subject to the design standards set forth in Section 5.
(k) Use to revert to residential: Structures constructed under these provisions
on residential parcels without an "A" Off-street Parking Overlay designation shall be
permitted to remain only when operated in conjunction with an automobile dealership on
the adjacent commercial lot. If the automobile dealership use is abandoned, the parking
structure shall be removed or incorporated into a residential project on the residential
parcel(s) within 3 years.
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(1) Housing Impact Fee: Parking structures and automobile storage lots
constructed on parcels designated as Low Density Multiple -Family Residential (R2) and
Medium Density Multiple Family Residential (R3), without an "A" Off -Street Parking
Overlay designation, may be subject to an Affordable Housing Fee established by
resolution of the City Council to mitigate the impact of the loss of the potential
development of affordable housing on these sites.
(m) A floor area expansion of existing automobile dealerships in the
Residential and A Off -Street Parking Overlay Zones that is less than 750 square feet
shall be permitted by -right provided that:
1) The expanded floor area is utilized for an ancillary support function,
including, but not limited to, customer waiting area, offices, vehicle parts storage or
vehicle parts display;
2) The height of the expansion shall be no more than 1 story and shall
not exceed 23 feet;
3) None of the expanded area is utilized for auto repair activities,
including but not limited to service bays, body work, oil change and lubrication, or radio,
stereo, or phone installation;
4) The square footage expansion may maintain the existing building
lines adjacent to public rights of way, subject to Architectural Review Board approval.
SECTION 5 Special Standards for Parkinq Structures and Automobile Storage
Lots Associated with Automobile Dealerships.
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Parking structures and automobile storage lots associated with an automobile
dealership shall comply with the following special project design standards:
(a) Design Standards:
(1) Except for emergency -only pedestrian exists required by the Building
Officer, parking structure walls facing property lines that are adjacent to a residential
use shall be solid and decorative subject to the approval of the ARB. Openings may be
permitted adjacent to a public street or commercially zoned property.
(2) Non-skid or other similar surface treatment on both floors and ramps
of the parking structure shall be required to prevent tire squeals. This material shall be
subject to the review and approval of the Director of Planning and Community
Development.
(3) Light sources shall be designed to contain direct and diffuse lighting
and glare on the subject property.
(4) Rooftop parking on parcels that directly abut or are separated by an
alley from a residential district is only permitted if the parking structure provides a 6 foot
parapet on the side of the parking structure closest to the residential district. This
parapet shall be solid and have a surface density of 4 pounds per square foot.
(5) In order to minimize noise and air impacts, exhaust vents and other
mechanical equipment associated with a parking structure shall be located as far from
residential uses as feasible consistent with the Chapter 8 of the Santa Monica Municipal
Code.
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(6) Floor area dedicated to employee and customer parking and vehicle
storage shall not apply to refuse and recycling requirements in Santa Monica Municipal
Code Section 9.04.10.02.150 and Section 9.04.10.02.151 unless otherwise required by
the Director of Environmental and Public Works Management or his/her designee in
order to protect the public health, safety, and general welfare.
(7) Parking structures developed in lots designated Parking ("A") Overlay,
Low Density Multiple -Family Residential (R2), or Medium Density Multiple Family
Residential (R3) shall also comply with the following additional requirements:
(A) Ingress and egress shall be from the adjacent commercial lot. The Planning
Commission may approve an alternative access plan that minimizes impacts to adjacent
residential uses if it determines that access from the commercial lot is precluded by
existing commercial development.
(B) At least 10% of the parking spaces within a structure shall be maintained and
designated for employee parking only, unless the Planning Commission determines
based on an employee parking demand analysis that sufficient parking is otherwise
provided either on-site or at an acceptable off-site location.
(C) If the structure is developed in conjunction with development on adjacent
commercial lots, the project shall be designed so that building mass increases toward
the commercial street and architectural elements that are permitted to exceed height
limits are located away from adjacent residential uses to the greatest extent feasible.
(D) Notwithstanding Santa Monica Municipal Code Section 9.04.10.02.170, a
four foot unexcavated area shall be provided along the entire length of a property line
Eli
shared by an automobile dealership and an adjacent residentially zoned property. Fifty
percent of the required yard area adjacent to a public street shall remain unexcavated.
(E) Notwithstanding Santa Monica Municipal Code Section 9.04.10.02.170, a
landscaped buffer of minimum five-foot width shall be required along the property line
adjacent to a residential use. The buffer shall include a hedge to be maintained up to
12 feet in height where adjacent to a residential side yard and 42 inches in height where
adjacent to a residential front yard. The Planning Commission may reduce or waive any
part of this requirement if such reduction or waiver is consistent with the public health,
safety, and general welfare.
(F) At least fifty percent of the required yard area set forth in subsection (c)(1) of
Section 4 adjacent to a public street shall be landscaped pursuant to the provisions of
Santa Monica Municipal Code Part 9.04.10.04. Fifty percent of the unexcavated area
within this required yard shall be landscaped.
SECTION 6. Performance Standards Permit and Conditional Use Permit
Requirements: Automobile dealerships automobile storage lots and parking structures
subject to a performance standards permit or a conditional use permit shall comply with
the following standards:
(a) Parking and Vehicle Storage. On-site employee and customer parking
shall be provided at no charge. Employee and inventory parking may be provided as
tandem and shall not be subject to Santa Monica Municipal Code Part 9.04.20.26.
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Except as otherwise provided in this Section, parking shall comply with Santa Monica
Municipal Code Part 9.04.10.08.
Areas designated for employee and customer parking shall not be used for
vehicle storage or display. Non-skid or other treatment shall be applied to the surface of
the parking structure utilized by vehicles to avoid tire squeals.
(b) Landscaping. Screening of outdoor display and non -display areas shall
comply with the provisions of Santa Monica Municipal Code Part 9.04.10.04. A
minimum two -foot landscape and decorative curb strip, where feasible, shall be
provided along the street frontage perimeter of all outdoor vehicle display areas.
Landscape materials shall be designed to provide an opaque visual buffer at least
twelve inches in height. Applicable setback requirements shall be expanded as
necessary to require a minimum five-foot landscaped area adjacent to any abutting
residential property not used as part of the dealership operation.
Final design treatment shall be subject to review and approval by the
Architectural Review Board. All surface parking areas not used for vehicle display shall
be subject to the parking lot screening requirements of Santa Monica Municipal Code
Part 9.04.10.04.
(c) Lighting. All lighting shall comply with Santa Monica Municipal Code
Sections 9.04.10.02.270 and 9.04.10.02.280.
(d) Loading and Unloading of Vehicles. Loading and unloading of vehicles is
permitted only in accordance with this subsection. The dealership operator shall be
responsible and liable for any activities of a common carrier, operator, or other person
32
controlling such loading or unloading activities to the extent any such activities violate
the provisions of this subsection (d).
(1) Loading and unloading of vehicles is limited to the hours of eight
a.m. to five p.m. Monday through Saturday. Loading and unloading of vehicles is
prohibited on Sunday and legal holidays.
(2) Vehicle off-loading shall not be permitted in the public right of way
or residential area and shall occur on site or off-site. The applicant shall prepare and
submit to the Transportation Management Division for approval a plan that complies
with all requirements of this subsection (d) to be included in a form prepared by
Transportation Management Division.
(e) Storage of Vehicles. No automobile dealership owner, operator, or
employee, for any period of time on any public street or alley, shall park or store
vehicles for sale, to be repaired, that have been repaired, or that are part of an
automobile rental operation associated with the dealership.
(f) Repair of Vehicles. The repair and service facility portion of an automobile
dealership shall comply with the provisions of Santa Monica Municipal Code Section
9.04.14.050.
(g) Queuing of Vehicles. An adequate on-site queuing area for service
customers shall be provided. On-site driveways may be used for queuing but may not
interfere with access to required parking spaces. Required parking spaces may not
double as queuing spaces.
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(h) Test Driving. Test driving shall not be done on residential streets or alleys.
For the purposes of this subsection, streets which are designated by the City as major
collector streets shall be permissible areas for test driving. Each dealership operator
shall have an affirmative obligation to inform all its personnel of this requirement and to
ensure compliance with it. The applicant shall prepare and submit to the Transportation
Management Division for approval a plan that complies with all requirements of this
subsection (h) to be included in a form prepared by Transportation Management
Division.
Existing dealerships shall submit plans to the Transportation Management
Division for approval that satisfy the requirements of this subsection if such plans are
not already on file.
(i) Control of Alley Traffic. Notwithstanding the prohibition of alley use for test
driving, each dealership operator shall present to the Transportation Management
Division, at the same time of the filing of an application for a permit for a new dealership
or substantial remodeling, plans for slowing traffic flow in alleys adjacent to their uses,
with the objective of minimizing dangers to pedestrians and neighboring vehicle
operations, and of minimizing noise and other environmental incursions into the
neighborhood. Such plans shall be designed to limit the maximum speed to fifteen miles
per hour and may include measures such as speed bumps or dips, one-way traffic
patterns, increased signage, parking and loading prohibitions and similar measures.
Q) Circulation. The location of entries and exits from automobile dealerships,
automobile centers, and automobile storage lots shall be located as far away from
adjacent residential properties as is reasonably feasible and shall be directed to
34
commercial streets and away from residential areas by means of signage and design.
The interior circulation system between levels shall be internal to the building and shall
not require use of public ways or of externally visible or uncovered ramps, driveways or
parking areas. No arrangement shall be permitted which requires vehicles to back into
an alley or other public way. Compliance with this subsection (j) shall be subject to
review by the Transportation Management Division.
(k) Noise Control.
(1) There shall be no outdoor loudspeakers. Interior loudspeakers shall
produce no more than forty-five dba at a boundary abutting or adjacent to a residential
parcel, under normal operating conditions (e.g., with windows open if they are likely to
be opened).
(2) All noise generating equipment exposed to the exterior shall be
muffled with sound absorbing materials to minimize noise impacts on adjacent
properties and shall not be operated before eight a.m. or after six p.m. if reasonably
likely to cause annoyance to abutting or adjacent residences and shall at all times be in
compliance with the City's Noise Ordinance.
(3) Rooftop storage areas shall be screened with landscaping and/or
noise absorbing materials to minimize noise impacts on adjacent properties.
(1) Toxic Storage and Disposal.
(1) Gasoline storage tanks shall be constructed and maintained under
the same conditions and standards that apply for service stations.
ai
(2) There shall be full compliance with the terms and conditions of all
applicable federal, state, and local laws relating to the storage and disposal of toxic
chemicals and hazardous wastes.
(m) Air Quality.
(1) Use of brake washers shall be required in service stalls or areas
which perform service on brakes employing asbestos or other materials known to be
harmful when dispersed in the air.
(2) All mechanical ventilating equipment shall be directed to top story
exhaust vents which face away from abutting or adjacent residential properties.
(3) Exhaust systems shall be equipped with appropriate and
reasonably available control technology to minimize or eliminate noxious pollutants
which would otherwise be emitted.
(n) Hours of Operation. Unless otherwise approved by the Planning
Commission, if the dealership is within one hundred feet of a residential district,
operation of the dealership shall be prohibited between the hours of ten p.m. and seven
a. m.
(o) Vehicle Stacking Equipment: Vehicle -stacking equipment shall be
permitted within parking structures and on surface lots for employee parking and vehicle
storage when screened with an eight -foot high solid masonry wall. The wall shall be set
back from the property line at least two feet so that a landscaped buffer of up to two feet
in width can be provided. Parking spaces in lifts shall not be applicable in calculating a
dealership's parking requirement. If the structure is located in an R2, R3 or A lot, the
36
spaces provided on lifts shall not be included in the base used for calculating the
required 10% provision of employee parking spaces. In addition, these spaces shall
not count toward fulfilling the 10% employee parking requirement. Vertical spaces
above employee parking shall be used for employee parking; spaces above inventory
shall be used for inventory. The Planning Commission may reduce the wall height
requirement to a minimum of six feet and may reduce or waive the landscaped setback
area if such reduction or waiver is consistent with the public health, safety, and general
welfare. All facilities shall comply with the City's Noise Ordinance.
(p) Accessory Automobile Rental Agency Requirements. The following
special standards shall apply to accessory automobile rental agencies located within
automobile dealerships:
(1) No more than ten percent of the total interior floor area of the
automobile repair or automobile painting facility or a maximum of seven hundred fifty
square feet, whichever is less, shall be devoted to the accessory automobile rental
agency operation;
(2) The accessory automobile rental agency shall only operate during
the hours of operation of the automobile repair or automobile painting facility;
(3) Vehicles may only be rented to customers of the automobile repair
or automobile painting facility;
(4) No exterior signage shall be permitted for the accessory automobile
rental agency; and
37
(5) The accessory automobile rental agency shall not be advertised or
marketed as an independent automobile rental agency.
(q) Plan Verification. All dealerships shall submit a letter annually in June
affirming their continued use of their test-driving, vehicle off-loading, and alley traffic
control plans. Any changes to approved plans shall require approval of the
Transportation Management Division.
SECTION 7. Applicability.
Except for subsections (e) through (Lk) of Section 3 which shall be
applicable to existing and future development, this Ordinance shall apply to any
development project which has not received its discretionary planning entitlements (e.g.,
development review permit, variance, architectural review permit, conditional use
permit) or has not filed any requested extension to these planning entitlements as of
March 11, 2011 unless the development project has otherwise obtained a vested right
to proceed. Discretionary project applications that were filed prior to the effective date
of Ordinance Number 2345 (CCS) and which are subject to its provisions and any
extension thereto shall automatically be converted to a development agreement with
fees already paid to be applied towards the development agreement deposit.
SECTION 8. 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.
M.
SECTION 9. 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 10. This Ordinance shall be of no further force or effect after
February 28, 2014, unless prior to that date, after a public hearing, noticed pursuant to
Santa Monica Municipal Code Section 9.04.20.22.050, the City Council, by majority
vote, extends this interim ordinance.
SECTION 11. 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 after its adoption.
APPROVED AS TO FORM:
39
•
Item No: 7-A
, 4 -
Report
City of City Council
Santa Monica°
st<a�v Y� r t® -205
City Council Meeting: " �—
Agenda Item:`
To: Mayor and City Council 7-A
From: David Martin, Director of Planning and Community Development
Subject: Introduction and First Reading of an Ordinance to amend Interim Zoning
Ordinance No. 2428 (CCS) to Clarify that the Bergamot Area Plan
Standards Apply When Provisions are in Conflict with the Zoning
Ordinance as specified.
Recommended Action
Staff recommends that the Council introduce for first reading the attached ordinance to
amend Interim Zoning Ordinance No. 2428 (CCS) to clarify that in cases of conflict
pertaining to any development standard for a Tier 1 project or any authorized use
between the Zoning Ordinance and the Bergamot Area Plan, the provisions in the
Bergamot Area Plan shall be applied.
Executive Summary
The proposed Interim Zoning Ordinance amendment is procedurally necessary to
ensure proper implementation of the proposed Bergamot Area Plan that is being
considered for adoption on the same August 13, 2013 City Council agenda. The
amendment is intended to clarify that the Bergamot Area Plan standards supersede the
effective Zoning Ordinance in case of conflict. This amendment will provide clarity for
project applicants and City staff as to which standards for Tier 1 projects or any
authorized use within the Plan boundaries take precedence in case of conflict between
the Bergamot Area Plan's development standards and land use regulations and those
described in the effective Zoning Ordinance.
Background
A comprehensive Zoning Ordinance update is underway to establish the specific zoning
regulations to implement the 2010 Land Use and Circulation Element (LUCE) and is
anticipated to be released for public review in the coming months. An Interim Zoning
Ordinance was adopted on February 8, 2011 to establish standards while the Zoning
1
Ordinance Update is underway. This ordinance was most recently amended and
extended [IZO 2428 (CCS)] on June 25 2013.
Section 3(a)(3) of the Interim Zoning Ordinance (IZO) currently provides that "In the
case of any inconsistency between the Zoning Ordinance and the LUCE pertaining to
any objective development standard or permitted use, the proposed development
conforms to the more restrictive development standard and is a permitted use
authorized by the LUCE." (Emphasis added.)
The Bergamot Area Plan includes the following language in Chapter 5, Development
Standards and Land Use Regulations (page 147):
If provisions in the Bergamot Area Plan and the Zoning Ordinance are in conflict,
the provisions in the Bergamot Area Plan shall be applied. Where Zoning
Ordinance provisions are not specifically addressed by the Bergamot Area Plan, the
Zoning Ordinance shall be applied.
This language makes clear that it is intended for the Bergamot Area Plan standards to
supersede the effective Zoning Ordinance in case of conflict. However, the IZO
language controls City land use regulations, so there is concern about inconsistent
interpretation by users. In order to avoid confusion, an amendment to the IZO is being
proposed.
Discussion
The Bergamot Area Plan introduces policies, area -specific standards and land use
regulations to create a sustainable, transit -oriented neighborhood in proximity to the
Exposition Light Rail Line Bergamot Station. The Plan also includes guidelines to
achieve compatible development. The Bergamot Area Plan has been designed to
provide the goals, policies and standards of the General Plan Land Use and Circulation
Element for that geographic area. As such, projects would be required to be consistent
with its provisions.
Should the Council adopt the Bergamot Area Plan, also being considered on the same
August 13, 2013 agenda, it is important that there is clarity for project applicants and
2
City staff as to which standards take precedence in case of conflict. This amendment is
proposed to eliminate any such ambiguity.
Accordingly, the following amendment to the Interim Zoning Ordinance, to be added as
Section 3(k), is proposed:
"Notwithstanding subsection (a)(3), within the Bergamot Area Plan boundaries, in
the case of any inconsistency between the Zoning Ordinance and the Bergamot
Area Plan pertaining to any development standard for a Tier 1 project or any
authorized use, the provisions in the Bergamot Area Plan shall control and be
applied."
Attachment A contains the proposed ordinance amendment language.
Financial Impacts & Budget Actions
There is no immediate financial impact or required budget action as a result of the
recommended action.
Prepared by: Elizabeth Bar -EI, AICP, Senior Planner
Approved:
David Martin
Director, Planning and Community
Development
Attachments
Forwarded to Council:
Rod Gould
City Manager
A. Draft Interim Zoning Ordinance Amendment
K
F:\atty\muni\laws\alan\LUCE\InterimOrdAmd8.13.13
City Council Meeting: 08-13-13 Santa Monica, California
ORDINANCE NUMBER (CCS)
(City Council Series)
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING INTERIM ORDINANCE NUMBER 2428 (CCS), WHICH
ESTABLISHED INTERIM DEVELOPMENT PROCEDURES PENDING
IMPLEMENTATION OF THE LUCE, INCLUDING MODIFICATIONS ADDRESSING
ORDINANCE APPLICABILITY, CM DISTRICT NON -CONFORMING USES, SHARED
PARKING AND FAR CALCULATIONS IN THE DOWNTOWN, EXEMPTIONS FOR
CITY PROJECTS, PROVISIONS RELATING TO THE PERMITTED NUMBER OF
RESTAURANTS IN THE CM DISTRICT, THE REPLACEMENT OF EXISTING PUBLIC
PARKING SPACES WITHIN PUBLIC PARKING STRUCTURES IN BSC -2 AND C3 -C
ZONING DISTRICTS, AUTHORIZED EXISTING NONCONFORMING AUTOMOBILE
DEALERSHIP USES AND MINOR EXPANSIONS THERETO IN RESIDENTIAL AND
"A" OFF-STREET PARKING OVERLAY ZONES, MODIFIED THE REQUIREMENTS
FOR MINISTERIAL PROCESSING OF 100% AFFORDABLE HOUSING OF 50 OR
FEWER UNITS, MODIFIED FLOOR AREA RATIO CALCULATIONS IN THE
DOWNTOWN DISTRICT FOR OUTDOOR DINING, AND CLARIFYING THAT THE
BERGAMOT AREA PLAN DEVELOPMENT STANDARDS FOR TIER 1 PROJECTS
AND AUTHORIZED USES SUPERSEDE THE REQUIREMENT OF THE ZONING
ORDINANCE TO THE EXTENT OF ANY INCONSISTENCY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Findings and Purpose. The Council finds and declares:
(a) The City adopted a new Land Use and Circulation Element of the General
Plan of the City of Santa Monica ("LUCE") on July 6, 2010 but has not yet adopted
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amendments to the City's Zoning Ordinance reflecting the LUCE's policies, goals and
standards.
(b) The adoption of the LUCE was the culmination of a multi-year planning
process that commenced in 2004.
(c) The LUCE encompasses the community's vision of the City's future and is
designed to maintain the City's character, protect the City's neighborhoods, manage its
transportation systems, and encourage additional housing in a sustainable manner that
ensures a high quality of life for the City's residents.
(d) The LUCE implements the community's core values through its focus on
community character and neighborhood conservation, future trip reduction, vibrant and
walkable villages, integrated land use and transportation, local land uses and housing,
jobs tied to housing and transit, promotion of social and fiscal health and diversity,
sustainability, community benefits, open space, and implementation, phasing and
monitoring.
(e) The LUCE goals and policies are predicated on the integration of land use
and transportation including a focus on the type of land uses, the location of land uses,
the quality of projects, the amount of developmental change, and the pace of this
change.
(f) The LUCE was prepared with the general purpose of guiding and
accomplishing coordinated and harmonious development of the City which, in
accordance with existing and future needs, best promotes the public health, safety, and
general welfare, as well as efficiency and economy in the process of development.
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(g) The LUCE substantially revises the City's land use policies, goals, and
standards.
(h) The City's planning and zoning regulations are presently under
comprehensive review and revision in order to ensure that such regulations are
consistent with the General Plan as amended and consistent with the public health,
safety, and welfare. This comprehensive revision of the City's Zoning Ordinance is a
substantial project which is crucial to the community's long-term welfare as reflected in
the goals, policies, and standards of the LUCE. Major elements of the comprehensive
revision of the Zoning Ordinance are expected within 12 months.
(i) Certain critical areas of conflict between the LUCE and the existing Zoning
Ordinance have been identified by the City's Planning and Community Development
Department as it has reviewed pending applications subsequent to the adoption of the
LUCE.
(j) Zoning Ordinance Part 9.04.20.28 establishes the applicability and
procedures for issuance of administrative approvals which provide for the ministerial
administrative review and assessment of proposed developments subject to explicit
standards contained in the Zoning Ordinance.
(k) The administrative approval process is premised on the assumption that the
explicit standards in the Zoning Ordinance have been adopted to ensure that a
completed project is in harmony with existing or potential development in the area and
is consistent with the goals, objectives, and policies of the General Plan.
(1) However, this premise underlying the administrative approval process is no
longer applicable given the significant ways in which the LUCE differs from the prior
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Land Use and Circulation elements including, but not limited to, the direct linkage
between land use and transportation policies and programs and the establishment of
new development policies and standards which ensure that quality development
contributes to the character of the City.
(m) Additionally, the LUCE establishes a base height for each land use as a
baseline. Proposed development which seeks additional height above the base is
subject to discretionary review and must meet additional requirements consistent with
the community's broader social, environmental, and circulation goals. This approach is
defined in three tiers.
(n) Under the LUCE, Tier 2 and Tier 3 projects must provide community benefits
for the City and the neighborhood. More specifically, a developer seeking to develop a
Tier 2 or Tier 3 project must include certain preferred uses, beneficial project design
features, and provide critical amenities or meet other development standards that
address the community's core needs—it's social, cultural, physical, transportation and
environmental goals.
(o) The LUCE identifies five priority categories of community benefits—new
affordable and workforce housing, GHG emission and congestion reduction, physical
improvements to create connections and open space, social and cultural facilities, and
historic preservation.
(p) The existing Zoning Ordinance does not currently incorporate this tier
structure or establish a mechanism to prioritize and necessitate that projects participate
in the community benefit tier structure, which is the basis by which much of the LUCE
vision, goals, and policies will be achieved.
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(q) Additionally, the LUCE establishes 17 distinct land use designations. One of
these land use designations is the Downtown Core. The purpose of this designation is
to maintain and enhance the downtown area as the heart of the City and as a thriving,
mixed use urban environment. Unlike the other land use designations, the LUCE does
not establish new height and FAR development parameters, but instead provides that
the height and FAR along with other development standards shall be determined
through a specific plan process.
(r) At the time the initial interim ordinance was adopted, there were
approximately 700,000 square feet of administrative and development review projects,
not including development agreements, pending planning review. Of the 700,000
square feet, approximately 500,000 square feet was located within the Downtown Core.
Approximately half of the projects in the Downtown Core were Administrative Approvals
that did not require public review and need only comply with objective standards in the
existing Zoning Ordinance. Within the Downtown, bringing forward approximately
200,000 square feet of new development outside of the development agreement
process before the completion of the Downtown Specific Plan meant that nearly a
quarter of the growth anticipated in the Downtown could be constructed inconsistent
with the yet to be adopted Specific Plan. The Downtown Specific Plan will include a
circulation framework that will address the integration of Expo light rail into the
Downtown system, freeway access, direct parking structure access, and congestion;
establishing the foundation for future land use and transportation decisions. If these
Administrative Approvals had proceeded in a piecemeal fashion without these
components, it would have undermined the community vision set forth in the Downtown
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District goals and policies, as well as the Downtown Specific Plan process underway
and would have detrimentally affected the City's ability to implement LUCE goals and
policies, particularly with respect to: providing open spaces, trip reduction, coordinating
with adjacent sites, congestion management, and achieving community goals through
community benefits and quality urban design.
(s) Additionally, transit -oriented districts in the City's transitioning industrial areas
are not reflected in the current zoning ordinance, which allows uses that would now be
considered undesirable and inconsistent with the LUCE.
(t) Pending completion of the comprehensive update to the Zoning Ordinance, it
is essential that development be consistent with the General Plan so that the goals and
values of the community, as reflected in the LUCE, are not significantly undercut.
Adjusting the development standards as provided in this Ordinance will ensure that the
quality of life, the environment, the ability to move around the City, and the efficacy of
the ongoing planning process are preserved.
(u) Adoption of this ordinance would not prohibit any development, but would
instead provide an alternate process by which development is reviewed and approved
so as to ensure consistency with and appropriate implementation of the LUCE.
(v) Adoption of this ordinance would also not materially alter the City's
substantial incentives for residential or mixed use development in non-residential zoning
districts. These incentives would be preserved in local law and policy. For example,
residential development in all of the City's commercial districts would remain authorized.
Thus, residential development could still occur in over 80% of the City.
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(w) After the adoption of the initial interim ordinance, issues were raised relating
to the processing of projects that were in the pipeline prior to the effective date of the
initial interim ordinance which require the City to expeditiously consider and adjust the
applicability provisions of the interim ordinance to ensure fairness to project applicants
while preserving the City's ability to effectuate the goals and policies of the LUCE.
(x) After the interim ordinance was extended on April 26, 2011, it became
apparent that allowing two restaurants per block on the east side of Main Street north of
Ocean Park Boulevard will promote the general welfare by encouraging additional
investment in that neighborhood and strengthening the connection between Main Street
and the Civic Center.
(y) As detailed above and in the LUCE, the City's downtown is a thriving, mixed-
use urban environment for people to live, work, be entertained, and be culturally
enriched.
(z) This area has the greatest concentration of activity in the City, anchored by
the core commercial district, including the Third Street Promenade and Santa Monica
Place.
(aa) The City's publically owned parking structures in the BSC -2 and C3 -C zone
districts are essential to a vibrant, economically viable downtown area, providing
parking for the offices, restaurants, theaters, and residences.
(bb) The vast majority of the City's residents regularly visit downtown and use its
parking resources.
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(cc) The importance of the City's publically-owned parking infrastructure in the
City's downtown is reflected in the numerous studies and reports over the past dozen
years, including but not limited to the 2000 Downtown Parking Management Program,
the 2002 Downtown Parking Task Force strategic plan, the 2006 Downtown Parking
Program, and the 2009 Walker Parking Study.
(dd) These centrally located parking structures enable their users to park once
and then walk to multiple destinations.
(ee) This "Park Once" philosophy contributes to the Downtown's pedestrian
character and is a major underpinning of its success.
(ff) These parking structures are also operated in a manner to meet the City's
LUCE, transportation and economic goals.
(gg) The LUCE calls for a parking management approach which utilizes a
shared pool of parking resources creating a true shared parking district.
(hh) Given these fundamental goals, it is essential that these parking structures
be protected as precious resources to ensure that adequate parking is available and
that easy access is provided to the core of the Downtown thereby promoting its vitality.
(ii) The City has spent millions of dollars retrofitting and maintaining many of
these structures.
(jj) In April 26, 2011, the California Supreme Court issued its decision in
California Redevelopment Association v. Ana Matosantos, affirming AB 1X26 which
provides for the dissolution of redevelopment agencies.
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(kk) In AB 1X26, the State legislature incorporated provisions that purport to
require properties formerly owned by the City's Redevelopment Agency to be sold so
that the proceeds can be transferred to the County auditor -controller for distribution to
taxing entities as property tax proceeds.
(II) In such event, to ensure replacement parking essential for the economic
viability of the City's downtown, there is a need for a development standard that
requires an owner to first obtain a final permit for a project providing replacement public
parking within the same district before an owner may remove, redevelop or convert a
parking structure in a manner that results in the removal of public parking spaces.
(mm) On April 11, 2006, the City Council adopted Interim Ordinance Number
2179 (CCS), after lengthy public outreach, environmental review, and hearings,
modifying auto dealership standards in various commercial and residential zoning
districts in the City to better balance the need for auto dealerships to expand and
develop a more urban format within a context of limited land availability and close
proximity to sensitive residential uses. This Ordinance was extended several times, but
expired August 8, 2010.
(nn) Consistent with LUCE goals and policies, it has and continues to be
contemplated that the provisions of the auto dealership interim ordinance would be
included in the Zoning Ordinance Update that is currently under preparation.
(oo) More specifically, Goal E8 of the LUCE states: "Allow for the expansion and
improved performance of automobile dealers in Santa Monica, recognizing their
contribution to the local economy and the revenue base of the General Fund." Further,
LUCE Policy E8.3 states: "Allow automobile dealers to reasonably expand in their
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current locations and otherwise respond to likely global changes in the automobile
industry as long as their redevelopment is in the urban auto dealership format and
incorporates mitigations to reduce any negative impacts on the surrounding residential
and nonresidential uses. The expansion may occur on existing parcels used for
automobile dealerships and on adjacent or proximate parcels."
(pp) Auto dealerships are important to the economic vitality of the City, and
readopting, with modification, certain of the auto dealership interim ordinance provisions
would encourage the retention of these dealerships by enabling these dealerships to
expand and modernize their operations in order to remain competitive in the industry
while ensuring that changes or improvements made on existing automobile dealer lots
are sensitive to and in keeping with the character of adjacent residential areas.
(qq) The dissolution of the City's Redevelopment Agency and the associated
loss of the City's primary funding source for affordable housing have significantly
impacted the City's ability to produce housing for the lowest household income
categories. Historically, the City's Housing Division invested approximately $15 million
of Housing Trust Funds annually to finance affordable housing through loans and grants
to non-profit housing developers. With the dissolution of redevelopment, the majority of
the Housing Trust Funds' dollars, as well as the City's ability to leverage these monies
with outside funding has been eliminated.
(rr) The LUCE identifies the production of affordable housing as one of the City's
highest priorities and many of the LUCE policies are targeted at the production of
affordable housing. For instance, LUCE Policy H1.2 provides that the City should
"maintain programs to require and encourage the production of affordable housing for
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very low-, low- and moderate income households," "seek additional opportunities to
increase the percentage of affordable housing as a component of for -sale and qualifying
rental residential and mixed-use housing projects," and "incentivize affordable housing
projects." LUCE Policy H1.3 provides that the City should "incentivize the creation of
new affordable housing opportunities."
(ss) The City is in the process of updating its Housing Element. The City's
Regional Housing Needs Assessment (RHNA) includes four hundred twenty-eight (428)
very low income housing units and two hundred sixty-three (263) low income housing
units.
(tt) The loss of redevelopment monies and the City's future affordable housing
goals as reflected in the RHNA necessitates that the City strengthen its incentives for
the production of housing which provide a greater mix in housing affordability levels and
address the City's need for low, very low and extremely low affordable housing units.
The proposed revision to the standards for the ministerial processing of 100%
affordable housing projects of 50 or fewer units directly addresses this effort.
(uu) Encouraging ground floor outdoor dining is an important goal expressed in
the LUCE. Excluding such dining from the calculation of floor area ratio can help
incentivize this use and create opportunities for adaptive reuse in existing structures
that would not presently be possible. Such ground floor outdoor dining does not
contribute to a building's mass and density, and therefore its exclusion from FAR is
appropriate. However, ground floor outdoor dining would still be considered floor area
so that its potential impacts on such areas as parking and traffic would still be
calculated.
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(vv) The Bergamot Area Plan has been adopted to provide both the goals and
policies of the General Plan Land Use and Circulation Element for that geographic area
and to provide area -specific development standards that will apply to create a new
transit -oriented neighborhood in proximity to the Exposition Line Bergamot Station. The
Plan's provisions are comprehensive, and in order to ensure the intended outcomes, the
Bergamot Area Plan requires that all projects be consistent with its policies, guidelines,
and development standards. In order to ensure proper implementation of the Plan as
intended amendment of the Interim Zoning Ordinance is necessary so that in cases of
conflict between the Bergamot Area Plan and Zoning Ordinance pertaining to any
development standard for a Tier 1 project or any authorized use, the Bergamot Area
Plan shall control.
(ww) In light of the above -detailed concerns, on February 8, 2011, the City
Council adopted Interim Ordinance Number 2345 (CCS) establishing interim
development procedures pending implementation of the LUCE through a revised Zoning
Ordinance; on April 26, 2011, the City Council adopted Ordinance Number 2356(CCS)
extending and amending Ordinance Number 2345 (CCS); on February 28, 2012, the
City Council adopted Ordinance Number 2394 (CCS), further extending and amending
Ordinance Number 2345 (CCS), on August 28, 2012, the City Council adopted
Ordinance Number 2407 (CCS) additionally extending and amending Ordinance
Number 2345 (CCS), and on February 26, 2013, the City Council adopted Ordinance
Number 2417 (CCS) amending Ordinance Number 2345 (CCS) to address ministerial
processing of 100% affordable housing projects of 50 or fewer units, and on June 25,
2013 City Council adopted Ordinance Number 2428 (CCS) further extending and
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amending Ordinance Number 2345 (CCS) to exempt ground floor outdoor dining on
Private property from a Floor Area Ratio Calculation in the Downtown District.
(xx) Pending completion of the City's review of its planning and zoning
regulations, it is necessary on an interim basis to modify the Zoning Ordinance as set
forth in Section 2, Section 3, Section 4, Section 5, and Section 6 of this Ordinance.
(yy) As detailed above and in the January 25, 2011, April 26, 2011, February 14,
2012, August 14, 2012, February 12, 2013, and June 11, 2013 City Council staff
reports, there continues to exist a current and immediate threat to the public health,
safety, and welfare should the interim zoning ordinance and necessary amendments not
be adopted and development of projects inconsistent with the LUCE be allowed to
proceed through the issuance of Administrative Approvals or Development Review
Permits which are not consistent with the explicit standards of the LUCE or with the tier
structure and the provision of community benefits.
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SECTION 2. Interim Zoning Regulations
Notwithstanding any provision of the City's Zoning Ordinance to the contrary, the
issuance or extension of permits for either a new development project or for the
expansion of an existing development project that exceeds 7500 square feet
("development project") that does not comply with the interim zoning standards set forth
in Section 3, Section 4, Section 5, or Section 6 of this Ordinance is hereby prohibited
and no zoning permits or approvals, subdivision maps, building permits, or other land
use permit shall be approved, issued, or extended for a development project in
contravention of Section 3, Section 4, Section 5, or Section 6, during the pendency of
this Ordinance or any extension thereof.
SECTION 3. Interim Zoning.
(a) Administrative Approvals. No development project shall be approved
pursuant to Santa Monica Municipal Code Section 9.04.20.28.020 [Administrative
Approvals] unless all of the following findings are made:
(1) The proposed development does not require discretionary review or approval
as established in the Zoning Ordinance, the LUCE, or this Interim Ordinance.
(2) The proposed development conforms precisely to the development
standards contained in both the Zoning Ordinance and in the LUCE for the zoning
district and land use designation in which the development is located.
(3) In the case of any inconsistency between the Zoning Ordinance and the
LUCE pertaining to any objective development standard or permitted use, the proposed
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development conforms to the more restrictive development standard and is a permitted
use authorized by the LUCE.
(4) Additionally, notwithstanding subsection (c) of this Section, any pending
Administrative Approval application filed on or before March 11, 2011 for a housing
development project must meet the following Transportation Demand Management
requirements:
(i) Prior to the issuance of building permits, the property owner shall prepare,
implement, and maintain a Transportation Demand Management plan, to the
satisfaction of the City, including physical, operating and leasing conditions that will be
reasonably likely to result in attainment of a 1.50 a.m. and p.m. AVR among employees
at the development within three years and continued achievement and maintenance of
the AVR targets thereafter. The following measures shall be included in the developer's
TDM plan:
(A) Transportation Information: Developer (and its successors and assignees)
shall provide, to the satisfaction of the City, bulletin boards, display cases, or kiosks,
displaying transportation information located where the greatest number of residents
and employees are likely to see them. This information shall also be provided annually
and upon signing of any lease, to residents and commercial tenants. Information shall
include, but is not limited to, the following:
® Current maps, routes, fare information, and schedules for public transit
routes serving the site.
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■ Telephone numbers and website links for referrals on transportation
information including numbers for the regional ridesharing agency and
local transit operators.
• Ridesharing promotional material supplied by commuter -oriented
organizations.
• Bicycle route and facility information, including regional/local bicycle maps
and bicycle safety information.
■ A list of facilities available for carpoolers, vanpoolers, bicyclists, transit
riders, and pedestrians at the site.
• Walking maps and information about local services, restaurants, movie
theaters, and recreational activities within walking distance of the project.
(B) Motorcycle Parking: Developer (and its successors and assignees) shall
provide two motorcycle parking spaces allocated in the commercial subterranean
parking level, if commercial parking is provided on-site.
(C) Bicycle Parking: Developer (or successors and assignees) shall provide
and maintain long-term, secure bicycle parking, such as a locked room or cage, for
commercial tenant employees at a rate of one space for each 5,000 sq. ft. of
commercial area, with a minimum of two spaces in City -approved locations. Long-term
secure bicycle parking for the residential component shall be one space per bedroom
and shall be provided in an enclosed, secure space (e.g. bike room, bike lockers).
Short-term bicycle parking for the residential component shall be 0.2 spaces/unit with a
minimum of 4 spaces.
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(D) Bicycle, Vanpool, and Carpool Parking Spaces: Developer (or successors
and assignees) shall provide parking space in accordance with SMMC 9.04.10.08.050.
Preferential parking within the parking garage shall be provided for project employees
who carpool or vanpool to work. The charge for such parking spaces will be at a
reduced rate.
(E) Showers: A minimum of one women's and one men's shower and locker
facility shall be provided for employees of commercial uses on site who bicycle or use
another active means, powered by human propulsion, of getting to work or who exercise
during the day.
(F) Unbundling of Parking Spaces: If the City adopts an ordinance or other
legal mechanism which authorizes the unbundling of parking, the Applicant (or
Applicant's successors and assigns) shall in all leases it executes as landlord of
residential units within the Project provide residential tenants with the option of leasing
parking space(s) separately from the residential unit. Any parking spaces not leased by
project residential tenants may be leased to any lessee on a month to month basis,
whether or not the lessee otherwise occupies or works at the project, provided project
residential tenants are given first priority to lease such spaces.
(G) Transportation Management Organization: Developer shall agree to
participate in a Transportation Management Organization serving its area and require
same of its tenants. If the City adopts a requirement that a Transportation Management
Organization be formed for the project's geographic area, property owner and tenants
shall participate in any specific strategies that may be implemented, including but not
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limited to, support for transit use, shared parking, car sharing opportunity, and
pedestrian and bicycle improvements.
(b) Tier 2 and Tier 3 Development Projects. Notwithstanding the development
standards specified in the Zoning Ordinance, no development project which would
constitute a Tier 2 or Tier 3 project as established pursuant to LUCE Chapter 2.1 shall
be approved except City projects or projects developed pursuant to a development
agreement adopted pursuant to Santa Monica Municipal Code Chapter 9.48. City
projects are defined as City public works projects and City community facilities (e.g.
libraries, public parking structures, recycling centers, and community centers), not
including public/private partnerships, and City projects shall be deemed to meet the
community benefit requirements of Tier 2 and Tier 3 development projects.
(c) Downtown Core. Notwithstanding the development standards specified in
the Zoning Ordinance, no development project in the Downtown Core as delineated in
the Land Use Designation Map approved by the City Council on July 6, 2010 shall
exceed 32 feet in height except City projects or projects developed pursuant to a
development agreement adopted pursuant to Santa Monica Municipal Code Chapter
9.48. However, development projects located entirely within the BSC1 Zoning District
shall not be subject to these interim standards provided that the development project is
less than the height and floor area of the existing building.
(d) 100% Affordable Housing Projects. Notwithstanding subsection (b) and (c)
of this Section, affordable housing projects with 50 units or less will continue to be
processed ministerially if a minimum of twenty-five percent (25%) of the housing units
are deed -restricted or restricted by an agreement approved by the City for occupancy
by households with income of sixty percent (60%) of Area Median Income or less and
the remainder 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
(80%) of median income or less. Such affordable housing projects may also include
non-residential uses, as long as such uses do not exceed a maximum percentage of
33% of the total floor area.
Notwithstanding Section 7, affordable housing projects with 50 units or less
which are being developed pursuant to a settlement agreement with the City or which
received their Administrative Approval prior to January 8, 2013 shall continue to be
processed in accordance with Ordinance Number 2407 (CCS).
(e) Shared Parking. The following administrative process is hereby established
authorizing property owners and tenants to request shared parking in the Downtown
Core, except for projects that are processed through a development agreement. A
shared parking permit is intended to permit the owners of parking facilities to rent or
lease underutilized parking that is available in their facility to nearby residents, workers
or businesses while reserving sufficient parking supply needed for on-site uses.
(1) Permit Required.
A shared parking permit, approved by the Planning Director, or his/her designee,
shall be required and shall be issued prior to the commencement of a shared parking
use of any private parking facility that is otherwise limited to on-site users. The
Planning Director, or his/her designee, may establish additional conditions to further the
intent of this subsection (e) and ensure that parking spaces needed for the primary on -
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site uses will be available during the hours needed for their use. A public hearing shall
not be required for issuance of a shared parking permit.
(2) Application.
Application for a shared parking permit shall be filed in a manner consistent with
the requirements contained in Municipal Code Part 9.04.20.20.
(3) Findings.
The Planning Director, or his/her designee, or Planning Commission on appeal,
may approve a shared parking permit application, in whole or in part, with or without
conditions, only when all of the following findings are made in an affirmative manner:
(i) The operation of the requested shared parking permit at the location
proposed and within the time period specified will not adversely impact the primary use
of the parking facility for its intended on-site users, or otherwise endanger the public
health, safety, or general welfare.
(ii) The shared parking permit sets forth the maximum number of shared
parking spaces that are being approved for use by off-site users that will be available
during peak and off-peak parking demand periods so as to ensure that a sufficient
number of spaces will be provided to meet the greater parking demand of the
anticipated users.
(iii) Additional requirements, restrictions or agreements, as deemed necessary
by the Planning Director, or his/her designee, are included as a requirement(s) of the
shared parking permit to ensure that parking spaces needed for the primary on-site
uses will be available during the hours needed for their use.
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The Planning Director, or his/her designee shall prepare a written decision
which shall contain the findings of fact upon which such decision is based and all
required conditions, if approved. The decision shall be mailed to the applicant and to
property owners and residents of parcels adjacent to the parcel for which the Shared
Parking Permit is requested. Copies of the decision shall also be provided to the
Planning Commission.
(4) Term of Permit.
A shared parking permit shall be valid for a one-year period from the date of
issuance unless a different period is set by the Planning Director, or his/her designee, or
the Planning Commission on appeal, as a condition of granting the shared parking
permit. The permit shall renew automatically for additional one-year periods unless the
permit is modified or revoked in accordance with subsection (6) of this Section.
(5) Monitoring.
The permit holder shall grant City staff access to the parking facility for the
purpose of verifying parking availability prior to issuing the permit as well as to allow
random monitoring after the permit is issued.
(6) Modification or Revocation.
The City may modify or revoke an approved shared parking permit in accordance
with the following procedures:
(i) If the Planning Director designee receives evidence that the conditions of
the permit have not been met, or the permit granted is being or has recently been
exercised contrary to the terms of the approval or in violation of a specific statute,
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ordinance, law, or regulation, the Planning Director designee shall serve notice of these
violations, either in person or by registered mail, on the owner of the property and on
the permit holder and shall provide the permit holder with a reasonable opportunity to
cure the violation(s).
(ii) If the permit holder or property owner has not responded to the notice
within 10 days or the Planning Director designee determines that the permit holder has
failed to cure the violation, the Planning Director designee may refer the matter to the
Zoning Administrator for a revocation hearing. Notice of hearing shall be published
once in a newspaper of general circulation within the City and shall be served either in
person or by registered mail on the owner of the property and on the permit holder at
least ten days prior to such hearing. The notice of hearing shall contain a statement of
the specific reasons for revocation.
(iii) After the hearing, a shared parking permit may be revoked by the Zoning
Administrator or by the Planning Commission on appeal or review if any one of the
following findings is made:
fraud
(A) That the Shared Parking Permit was obtained by misrepresentation or
(B) That the conditions of the permit have not been met, or the permit granted
is being or has recently been exercised contrary to the terms of the approval or in
violation of a specific statute, ordinance, law, or regulation.
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A written determination of modification or revocation of the shared parking permit shall
be mailed to the property owner and the permit holder within ten days of such
determination.
(7) Appeals.
Any person may appeal the approval, conditions of approval, denial, modification
or revocation of a shared parking permit to the Planning Commission if filed within
fourteen consecutive calendar days of the date the decision is made in the manner
provided in Municipal Code Part 9.04.20.24, Sections 9.04.20.24.020 through
9.04.20.24.040.
(f) Floor Area Ratio Calculations in the Downtown Core. In the Downtown Core,
below -grade floor area shall not be included when calculating a project's floor area ratio
(FAR). However, such below -grade floor area shall be counted as floor area for all
other purposes.
(g) Floor Area Ratio Calculations in the Downtown District. In the Downtown
District, as defined in the LUCE, ground floor outdoor dining in buildings on private
property shall not be included when calculating a project's floor area ratio (FAR)
provided the dining area has no more than a 42 inch high barrier surrounding the dining
area and is visible from the public right of way. However, such ground floor outdoor
dining shall be counted as floor area for all other purposes.
(h) Non -conforming Uses in CM District. An existing use in the CM District shall
be considered no longer existing if that use is changed to another type of use or if for a
period of one year such use has not been in regular operation. Regular operation shall
23
be considered being open for business to the general public during such use's
customary business hours.
(i) Notwithstanding the provisions of Section 9.04.08.28.070 of the Zoning Code,
two restaurants per block shall be allowed on the east side of Main Street north of
Ocean Park Boulevard and south of Pico Boulevard.
(j) No removal, redevelopment or conversion of a parking structure in BSC -2 and
C3 -C zone districts, publically owned as of February 14, 2012, which results in the loss
of parking spaces above the ground floor shall be permitted unless the final permit to
commence construction for a project providing the one-to-one replacement of this
parking has been issued in the same zoning district and this replacement parking will be
offered to the public at rates comparable to the most recent rates offered to the public
for the removed parking spaces.
(k) Notwithstanding subsection (a)(3) within the Bergamot Area Plan
boundaries in the case of any inconsistency between the Zoning Ordinance and the
Bergamot Area Plan pertaining to any development standard for a Tier 1 prosect or any
authorized use the provisions in the Bergamot Area Plan shall control and be applied.
SECTION 4 Automobile Dealerships in Residential and "A" Off -Street
Parking Overlay Zones:
Lots designated ("A") Off -Street Parking Overlay District, Low Density Multiple -
Family Residential District (R2), or Medium Density Multiple Family Residential District
(R3) that are contiguous to and were used legally in conjunction with an automobile
dealership in operation on August 14, 2012, which automobile dealership uses have not
24
subsequently been abandoned ("Qualifying Lots"), may be developed as an automobile
storage structure or parking structure provided these uses are operated in conjunction
with an automobile dealership on the associated and adjacent commercial lot and the
development is undertaken pursuant to subsections (a) through (1) of this Section. The
expansion of automobile dealership support areas shall be authorized if undertaken
pursuant to subsection (m) of this Section:
(a) Maximum Parcel Coverage: 50% of residential parcel area.
(b) Maximum Building Height:
(1) R2 Zone: 23 feet, excluding four feet of the required parapet.
(2) R3 Zone: 28 feet, excluding four feet of the required parapet.
(c) Setbacks:
public street.
(1) A minimum 20 foot setback from the property line adjacent to a
(2) A minimum 15 foot setback shall be provided from the property line
opposite the street facing property line. Where an alley is present, this distance may be
measured from the alley centerline.
(3) Except when subsection (c)(2) of this Section applies, a minimum 8
foot setback shall be provided between any above grade structure and a property line
that is shared with an adjacent residential property that is not used as part of an
automobile dealership.
(d) Inventory Storage on Surface Lots. A qualifying lot may be used for
surface inventory storage only if the following conditions are met:
25
(1) Any displaced required parking shall be relocated to another off-
street location that is:
(A) Located within 750 feet of the qualifying lot, or
(B) Located within 300 feet of a public transit line that connects
the off-street location with the dealership and the dealership provides free bus passes to
its employees, or
(C) Serviced by a dealership -provided shuttle between the off-
street location and the qualifying lot which has been approved by the City's Director of
Planning.
(2) The displaced parking shall be returned to the qualifying lot if the
criteria of subsection (d)(1) are no longer met.
(e) Prohibited Uses. No portion of a residentially zoned parcel may be used
for auto repair work, rental car use, automobile washing, outdoor display of vehicles,
commercial signage, storage tanks, inventory storage on surface lots (except as
provided in subsection (d) of this Section), or any other use not specifically identified in
this Section 4.
(f) Rooftop Parking: Rooftop parking is permitted subject to the special
standards set forth in Section 5.
(g) Exemption from additional multi -family development standards: Except as
set forth or modified herein, the property development standards of Santa Monica
Municipal Code Section 9.04.08.06.060 and Santa Monica Municipal Code Section
26
9.04.08.06.070 shall not apply in order to accommodate the specific structural and
design requirements of parking and automobile storage structures.
(h) Approval Process: A Conditional Use Permit (CUP) and Development
Review (DR) Permit shall be required for the development of any parking structure or
automobile storage lot. The CUP shall be subject to the standards set forth in Section
B. The DR Permit shall be subject to Santa Monica Municipal Code Part 9.04.20.14.
(i) ARB Review: All new construction, new additions to existing buildings and
any other exterior improvements that require issuance of a building permit shall be
subject to architectural review pursuant to the provisions of Chapter 9.32 of this
Chapter.
(j) Design Standards. Parking structures constructed under these provisions
shall be subject to the design standards set forth in Section 5.
(k) Use to revert to residential: Structures constructed under these provisions
on residential parcels without an "A" Off-street Parking Overlay designation shall be
permitted to remain only when operated in conjunction with an automobile dealership on
the adjacent commercial lot. If the automobile dealership use is abandoned, the parking
structure shall be removed or incorporated into a residential project on the residential
parcel(s) within 3 years.
(1) Housing Impact Fee: Parking structures and automobile storage lots
constructed on parcels designated as Low Density Multiple -Family Residential (R2) and
Medium Density Multiple Family Residential (R3), without an "A" Off -Street Parking
Overlay designation, may be subject to an Affordable Housing Fee established by
27
resolution of the City Council to mitigate the impact of the loss of the potential
development of affordable housing on these sites.
(m) A floor area expansion of existing automobile dealerships in the
Residential and A Off -Street Parking Overlay Zones that is less than 750 square feet
shall be permitted by -right provided that:
1) The expanded floor area is utilized for an ancillary support function,
including, but not limited to, customer waiting area, offices, vehicle parts storage or
vehicle parts display;
2) The height of the expansion shall be no more than 1 story and shall
not exceed 23 feet;
3) None of the expanded area is utilized for auto repair activities,
including but not limited to service bays, body work, oil change and lubrication, or radio,
stereo, or phone installation;
4) The square footage expansion may maintain the existing building
lines adjacent to public rights of way, subject to Architectural Review Board approval.
SECTION 5. Special Standards for Parking Structures and Automobile Storage
Lots Associated with Automobile Dealerships.
Parking structures and automobile storage lots associated with an automobile
dealership shall comply with the following special project design standards:
(a) Design Standards:
M
(1) Except for emergency -only pedestrian exists required by the Building
Officer, parking structure walls facing property lines that are adjacent to a residential
use shall be solid and decorative subject to the approval of the ARB. Openings may be
permitted adjacent to a public street or commercially zoned property.
(2) Non-skid or other similar surface treatment on both floors and ramps
of the parking structure shall be required to prevent tire squeals. This material shall be
subject to the review and approval of the Director of Planning and Community
Development.
(3) Light sources shall be designed to contain direct and diffuse lighting
and glare on the subject property.
(4) Rooftop parking on parcels that directly abut or are separated by an
alley from a residential district is only permitted if the parking structure provides a 6 foot
parapet on the side of the parking structure closest to the residential district. This
parapet shall be solid and have a surface density of 4 pounds per square foot.
(5) In order to minimize noise and air impacts, exhaust vents and other
mechanical equipment associated with a parking structure shall be located as far from
residential uses as feasible consistent with the Chapter 8 of the Santa Monica Municipal
Code.
(6) Floor area dedicated to employee and customer parking and vehicle
storage shall not apply to refuse and recycling requirements in Santa Monica Municipal
Code Section 9.04.10.02.150 and Section 9.04.10.02.151 unless otherwise required by
29
the Director of Environmental and Public Works Management or his/her designee in
order to protect the public health, safety, and general welfare.
(7) Parking structures developed in lots designated Parking ("A") Overlay,
Low Density Multiple -Family Residential (R2), or Medium Density Multiple Family
Residential (R3) shall also comply with the following additional requirements:
(A) Ingress and egress shall be from the adjacent commercial lot. The Planning
Commission may approve an alternative access plan that minimizes impacts to adjacent
residential uses if it determines that access from the commercial lot is precluded by
existing commercial development.
(B) At least 10% of the parking spaces within a structure shall be maintained and
designated for employee parking only, unless the Planning Commission determines
based on an employee parking demand analysis that sufficient parking is otherwise
provided either on-site or at an acceptable off-site location.
(C) If the structure is developed in conjunction with development on adjacent
commercial lots, the project shall be designed so that building mass increases toward
the commercial street and architectural elements that are permitted to exceed height
limits are located away from adjacent residential uses to the greatest extent feasible.
(D) Notwithstanding Santa Monica Municipal Code Section 9.04.10.02.170, a
four foot unexcavated area shall be provided along the entire length of a property line
shared by an automobile dealership and an adjacent residentially zoned property. Fifty
percent of the required yard area adjacent to a public street shall remain unexcavated.
30
(E) Notwithstanding Santa Monica Municipal Code Section 9.04.10.02.170, a
landscaped buffer of minimum five-foot width shall be required along the property line
adjacent to a residential use. The buffer shall include a hedge to be maintained up to
12 feet in height where adjacent to a residential side yard and 42 inches in height where
adjacent to a residential front yard. The Planning Commission may reduce or waive any
part of this requirement if such reduction or waiver is consistent with the public health,
safety, and general welfare.
(F) At least fifty percent of the required yard area set forth in subsection (c)(1) of
Section 4 adjacent to a public street shall be landscaped pursuant to the provisions of
Santa Monica Municipal Code Part 9.04.10.04. Fifty percent of the unexcavated area
within this required yard shall be landscaped.
SECTION 6. Performance Standards Permit and Conditional Use Permit
Requirements: Automobile dealerships automobile storage lots and parking structures
subject to a performance standards permit or a conditional use permit shall comply with
the following standards:
(a) Parking and Vehicle Storage. On-site employee and customer parking
shall be provided at no charge. Employee and inventory parking may be provided as
tandem and shall not be subject to Santa Monica Municipal Code Part 9.04.20.26.
Except as otherwise provided in this Section, parking shall comply with Santa Monica
Municipal Code Part 9.04.10.08.
31
Areas designated for employee and customer parking shall not be used for
vehicle storage or display. Non-skid or other treatment shall be applied to the surface of
the parking structure utilized by vehicles to avoid tire squeals.
(b) Landscaping. Screening of outdoor display and non -display areas shall
comply with the provisions of Santa Monica Municipal Code Part 9.04.10.04. A
minimum two -foot landscape and decorative curb strip, where feasible, shall be
provided along the street frontage perimeter of all outdoor vehicle display areas.
Landscape materials shall be designed to provide an opaque visual buffer at least
twelve inches in height. Applicable setback requirements shall be expanded' as
necessary to require a minimum five-foot landscaped area adjacent to any abutting
residential property not used as part of the dealership operation.
Final design treatment shall be subject to review and approval by the
Architectural Review Board. All surface parking areas not used for vehicle display shall
be subject to the parking lot screening requirements of Santa Monica Municipal Code
Part 9.04.10.04.
(c) Lighting. All lighting shall comply with Santa Monica Municipal Code
Sections 9.04.10.02.270 and 9.04.10.02.280.
(d) Loading and Unloading of Vehicles. Loading and unloading of vehicles is
permitted only in accordance with this subsection. The dealership operator shall be
responsible and liable for any activities of a common carrier, operator, or other person
controlling such loading or unloading activities to the extent any such activities violate
the provisions of this subsection (d).
32
(1) Loading and unloading of vehicles is limited to the hours of eight
a.m. to five p.m. Monday through Saturday. Loading and unloading of vehicles is
prohibited on Sunday and legal holidays.
(2) Vehicle off-loading shall not be permitted in the public right of way
or residential area and shall occur on site or off-site. The applicant shall prepare and
submit to the Transportation Management Division for approval a plan that complies
with all requirements of this subsection (d) to be included in a form prepared by
Transportation Management Division.
(e) Storage of Vehicles. No automobile dealership owner, operator, or
employee, for any period of time on any public street or alley, shall park or store
vehicles for sale, to be repaired, that have been repaired, or that are part of an
automobile rental operation associated with the dealership.
(f) Repair of Vehicles. The repair and service facility portion of an automobile
dealership shall comply with the provisions of Santa Monica Municipal Code Section
9.04.14.050.
(g) Queuing of Vehicles. An adequate on-site queuing area for service
customers shall be provided. On-site driveways may be used for queuing but may not
interfere with access to required parking spaces. Required parking spaces may not
double as queuing spaces.
(h) Test Driving. Test driving shall not be done on residential streets or alleys.
For the purposes of this subsection, streets which are designated by the City as major
collector streets shall be permissible areas for test driving. Each dealership operator
33
shall have an affirmative obligation to inform all its personnel of this requirement and to
ensure compliance with it. The applicant shall prepare and submit to the Transportation
Management Division for approval a plan that complies with all requirements of this
subsection (h) to be included in a form prepared by Transportation Management
Division.
Existing dealerships shall submit plans to the Transportation Management
Division for approval that satisfy the requirements of this subsection if such plans are
not already on file.
(i) Control of Alley Traffic. Notwithstanding the prohibition of alley use for test
driving, each dealership operator shall present to the Transportation Management
Division, at the same time of the filing of an application for a permit for a new dealership
or substantial remodeling, plans for slowing traffic flow in alleys adjacent to their uses,
with the objective of minimizing dangers to pedestrians and neighboring vehicle
operations, and of minimizing noise and other environmental incursions into the
neighborhood. Such plans shall be designed to limit the maximum speed to fifteen miles
per hour and may include measures such as speed bumps or dips, one-way traffic
patterns, increased signage, parking and loading prohibitions and similar measures.
Q) Circulation. The location of entries and exits from automobile dealerships,
automobile centers, and automobile storage lots shall be located as far away from
adjacent residential properties as is reasonably feasible and shall be directed to
commercial streets and away from residential areas by means of signage and design.
The interior circulation system between levels shall be internal to the building and shall
not require use of public ways or of externally visible or uncovered ramps, driveways or
parking areas. No arrangement shall be permitted which requires vehicles to back into
an alley or other public way. Compliance with this subsection Q) shall be subject to
review by the Transportation Management Division.
(k) Noise Control.
(1) There shall be no outdoor loudspeakers. Interior loudspeakers shall
produce no more than forty-five dba at a boundary abutting or adjacent to a residential
parcel, under normal operating conditions (e.g., with windows open if they are likely to
be opened).
(2) All noise generating equipment exposed to the exterior shall be
muffled with sound absorbing materials to minimize noise impacts on adjacent
properties and shall not be operated before eight a.m. or after six p.m. if reasonably
likely to cause annoyance to abutting or adjacent residences and shall at all times be in
compliance with the City's Noise Ordinance.
(3) Rooftop storage areas shall be screened with landscaping and/or
noise absorbing materials to minimize noise impacts on adjacent properties.
(1) Toxic Storage and Disposal.
(1) Gasoline storage tanks shall be constructed and maintained under
the same conditions and standards that apply for service stations.
(2) There shall be full compliance with the terms and conditions of all
applicable federal, state, and local laws relating to the storage and disposal of toxic
chemicals and hazardous wastes.
(m) Air Quality.
35
(1) Use of brake washers shall be required in service stalls or areas
which perform service .on brakes employing asbestos or other materials known to be
harmful when dispersed in the air.
(2) All mechanical ventilating equipment shall be directed to top story
exhaust vents which face away from abutting or adjacent residential properties.
(3) Exhaust systems shall be equipped with appropriate and
reasonably available control technology to minimize or eliminate noxious pollutants
which would otherwise be emitted.
(n) Hours of Operation. Unless otherwise approved by the Planning
Commission, if the dealership is within one hundred feet of a residential district,
operation of the dealership shall be prohibited between the hours of ten p.m. and seven
a.m.
(o) Vehicle Stacking Equipment: Vehicle -stacking equipment shall be
permitted within parking structures and on surface lots for employee parking and vehicle
storage when screened with an eight -foot high solid masonry wall. The wall shall be set
back from the property line at least two feet so that a landscaped buffer of up to two feet
in width can be provided. Parking spaces in lifts shall not be applicable in calculating a
dealership's parking requirement. If the structure is located in an R2, R3 or A lot, the
spaces provided on lifts shall not be included in the base used for calculating the
required 10% provision of employee parking spaces. In addition, these spaces shall
not count toward fulfilling the 10% employee parking requirement. Vertical spaces
above employee parking shall be used for employee parking; spaces above inventory
shall be used for inventory. The Planning Commission may reduce the wall height
KM
requirement to a minimum of six feet and may reduce or waive the landscaped setback
area if such reduction or waiver is consistent with the public health, safety, and general
welfare. All facilities shall comply with the City's Noise Ordinance.
(p) Accessory Automobile Rental Agency Requirements. The following
special standards shall apply to accessory automobile rental agencies located within
automobile dealerships:
(1) No more than ten percent of the total interior floor area of the
automobile repair or automobile painting facility or a maximum of seven hundred fifty
square feet, whichever is less, shall be devoted to the accessory automobile rental
agency operation;
(2) The accessory automobile rental agency shall only operate during
the hours of operation of the automobile repair or automobile painting facility;
(3) Vehicles may only be rented to customers of the automobile repair
or automobile painting facility;
(4) No exterior signage shall be permitted for the accessory automobile
rental agency; and
(5) The accessory automobile rental agency shall not be advertised or
marketed as an independent automobile rental agency.
(q) Plan Verification. All dealerships shall submit a letter annually in June
affirming their continued use of their test-driving, vehicle off-loading, and alley traffic
control plans. Any changes to approved plans shall require approval of the
Transportation Management Division.
37
SECTION 7. Applicability.
Except for subsections (e) through (Lk) of Section 3 which shall be
applicable to existing and future development, this Ordinance shall apply to any
development project which has not received its discretionary planning entitlements (e.g.,
development review permit, variance, architectural review permit, conditional use
permit) or has not filed any requested extension to these planning entitlements as of
March 11, 2011 unless the development project has otherwise obtained a vested right
to proceed. Discretionary project applications that were filed prior to the effective date
of Ordinance Number 2345 (CCS) and which are subject to its provisions and any
extension thereto shall automatically be converted to a development agreement with
fees already paid to be applied towards the development agreement deposit.
SECTION 8. 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 9. 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.
a-]
SECTION 10. This Ordinance shall be of no further force or effect after
February 28, 2014, unless prior to that date, after a public hearing, noticed pursuant to
Santa Monica Municipal Code Section 9.04.20.22.050, the City Council, by majority
vote, extends this interim ordinance.
SECTION 11. 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 after its adoption.
APPROVED AS TO FORM:
39
-76 -
Attachment E
Changes to Draft Final Bergamot Area Plan
Seetember 10, 2013
1. In the Bergamot Transit Village district, modify the Tier 2 maximum FAR limit to 2.0 (Chapter 4b
Land Use) (pg. 72):
• Tier I. 1.75 Floor Area Ratio (FAR)
• Tier II: 2-.2 2.0 FAR
• Tier 111: 2.5 FAR
Additional modifications will be made to reflect the proposed Tier 11 2.0 FAR on the following
pages and diagrams
• Figure 4.13.02 Building Floor Area Ratios (pg. 74)
• Table 5.03 Development Standards (pg. 153)
• Figure 5.02 Building Heights and Floor Area Ratios (pg. 155)
2. In the Mixed Use Creative District, modify the Tier 2 maximum FAR limit to 1.70 (Chapter 4b
Land Use) (pg. 75):
• Tier I. 1. 5 Floor Area Ratio (FAR)
• Tier 11:2:01.70 FAR
• Tier 111: 2.2 FAR
Additional modifications will be made to reflect the proposed Tier 111.70 FAR on the following
pages and diagrams
• Figure 4.6.02 Building Floor Area Ratios (pg. 74)
• Table 5.03 Development Standards (pg. 153)
• Figure 5.02 Building Heights and Floor Area Ratios (pg. 155)
3. In the Conservation —Art Center District, include Tier options applicable to parcels under
100,000 SF (Chapter 4b Land Use), as follows (pg. 76):
• Tier I. 1.0 Floor Area Ratio (FAR)
• Tier 11: 4�O 1.5* FAR
• Tier III: 3:0 1.5* FAR
*.5 FAR must be devoted to space for arts -related and arts -compatible uses. Artist live/work
could be considered provided the primary space is used for work.
Additional modifications will be made to reflect the Tier options for parcels under 100,000 SF in
the Conservation —Art Center District on the following pages and diagrams
• Figure 4.6.02 Building Floor Area Ratios (pg. 74)
• Table 5.03 Development Standards (pg. 153)
• Figure 5.02 Building Heights and Floor Area Ratios (pg. 155)
1
Attachment E —Changes to Draft Bergamot Area Plan
4. Add to Chapter 5 (Development Standards), standard B1 Floor Area Ratio (FAR)(pg. 153):
Maximum floor area ratios (FARs) for Tier I, Tier II and Tier III projects are established in
Table 5.03. In the Bergamot Plan area, floor area ratio includes only building area at or
above grade. In circumstances where publically accessible roads and pathways are
negotiated, FAR will be calculated on the gross area of the project site.
5. Add to Chapter 5 (Development Standards), standard B.1.01 Exemptions from FAR calculation
(pg. 153):
® Outdoor dining areas adjacent to the public right of way.
6. Modify Chapter 5 (Development Standards) , standard B.2. Height Limits (pg. 155) first bullet:
® to 81 feet allowed if there is a corresponding percentage decrease in the FAR floor area
for the portion of the building between 75 and 81 feet in for the aetual building height
that i above 7C feet, an
7. Add in Chapter 6 (Design Guidelines) under B.1 Site Planning Guidelines (pg. 187):
® B.1.e.: Projects that include new publically accessible roads or pathways as part of a
negotiated development agreement shall provide information about the size of the
property (area) both with and without the easement being provided for the road or
pathway.
8. Modify Chapter 5 (Development Standards), standard B.1.0 Low Income/Workforce Housing
Units (page153):
For Tier I and Tier It projects in the BTV and MUC Districts, for all units in a project above
and beyond those required by the AHPP, an FAR bonus shall be provided equivalent to 25%
of the floor area constructed for workforce housing, provided:
g The units are deed restricted for any level of affordability up to 120% of area median
income (AMI) for single and one -bedroom units and up to 150% of area median income
(AMI) for two or more bedroom units.
g The mix of units receiving the discount includes at least 50% with two or more
bedrooms
9. The following seven street cross-sections in Chapter 7 will be amended for consistency and
accuracy: Berkeley Shared Space Street, Nebraska Shared Space Street, Michigan Complete
Street, Olympic Complete Street, Nebraska Flexible Street, Street "A" Flexible Street, Stewart at
Colorado Mid -Block Crossing. A number of revisions regarding labels on the maps will be made
for clarification per Commissioner Kennedy's suggestions.
10. Modify Chapter 4c Circulation and Mobility, Policy CM12.1 (pg. 110):
® Policy CM 12.1. Pursue completion of the elements of the city-wide Bike Action Plan
bicycle network that pass through the Bergamot Area Plan. Pursue completion of the
additional bicycle elements designated in the Bergamot Area Plan circulation network,
including Class II bike lanes on Stewart Street, 26th Street, Michigan Avenue, the Expo
Regional Bike Path, and the Michigan Avenue Neighborhood Greenway. Also, explore
Attachment E -Changes to Draft Bergamot Area Plan
creation of a protected north -south cycle -way and encourage connections beyond the
Plan area.
11. Modify narrative in Chapter 8 Implementation (page 253):
® ... Key projects would include several new crossings at different points along Olympic
Boulevard, and possibly traffic signal and crosswalk adjustments at 26th Street, as well
as the addition of new bike facilities.
12. Add language to Chapter 5 (Development Standards), standard B.14.A.01a Parking
Requirements at Plan Adoption (pg. 170):
Tier 1 and Tier 2 projects: 2.0 parking spaces per 1000 SF shall be required, which may be
reserved or voluntarily shared with the public. More than 2.0 spaces/thousand square feet shall
be permitted up to a maximum 4.0 spaces per 1,000 square feet per Table 5.05, provided that
the additional portion over 2.0 per 1000 SF shall be shared with the public, and that the
following findings can be made:.
a. That the location of proposed shared parking facilities is accessed from a street
designated as a "complete street" in the Plan's Circulation network.
b. That proposed shared parking facilities were positioned to adequately serve adjacent
existing deficiencies.
c. That proposed shared parking facilities met all Plan requirements and guidelines related
to access and design.
13. Delete reference to Zero Emission Vehicles in Chapter 5 (Development Standards) B.14.A.17
Designated Parking Spaces, and corresponding Table 5.10 Ridesharing andZero ;E.Fn iss;o kI-k;A
Parking Requirements (pg. 174).
Developments that provide shared and/or commercial parking shall provide designated parking
for aro o^ ^"'^'^ " r" "^ ^'^^ ^ '"'''' carpool/vanpool vehicles, as shown
in Table 5.10. These spaces shall be included in the minimum required parking. E`a--ee�g
may "based.
14. Modify Chapter 5 (Development Standards), standard B.9 Minimum Depth of Retail Space (pg.
159)
o B.9 Minimum Depth and Maximum Width of Retail Space
Additional modifications will be made to reflect the proposed addition to standard B.9 in Table
5.03 Development Standards (pg. 153):
6 60' maximum frontage
0 15' minimum frontage
15. Add a policy to Chapter 4a Urban Form (pg. 66):
® Policy UF5.3. Explore opportunities for expanding the purple pipe system and using
more recycled, non -potable water, subject to availability, in the Bergamot Plan area.
Attachment E — Changes to Draft Bergamot Area Plan
16. Clarify Chapter 5 (Development Standards), standard B.4.01 Ratio for Large Projects (pg. 157):
For parcels of over 120,000 square feet in area in the Mixed -Use Creative District,
projects shall provide a mix of commercial and residential uses as shown in Table 5.03.
The ratio is expressed in floor area and can vary from the ratio up to 10% in either
direction for flexibility. The mix of uses can be achieved as vertical mixed-use (on top of
each other) or horizontal mixed-use (in neighboring buildings) (see Figure 5.05 for
illustration).
17. Modify Table 5.03 Development Standards to remove Required Mix of Uses from properties in
the Bergamot Transit Village (pg. 153).
18. Modify Chapter 5 (Development Standards) Table 5.11 Bike Parking Standards to require a
minimum of 1 long-term bike parking per unit (pg. 175).
19. Add a policy to Chapter 4a Urban Form (pg. 66):
Policy UF5.4: Ensure that new buildings contribute towards attaining a level of solar energy
production that significantly furthers the City's goal of achieving net zero energy use by 2020.
A new standard will be added to Chapter 5 (Development Standards) (pg. 169). Subsequent
standards will be renumbered:
B.14 Bergamot Plan Area Solar Energy Requirement. Consistent with state law, all new buildings
with a gross roof area of 15,000 SF or greater shall install a solar photovoltaic energy system
that is connected to the electrical grid. When installed, the solar energy system shall be capable
of producing at least 5 kilowatts AC for every 1000 square feet of building footprint area. For
the purposes of calculation, the building footprint area shall be rounded to the nearest 1000
square feet. The applicant may propose alternative technology to produce an equivalent
amount of renewable energy subject to approval by the Planning Director, or his/her designee.
Exceptions:
1) This requirement may be reduced to the extent necessary for compliance if the Applicant
can demonstrate that compliance with this requirement is technically infeasible due to
shading from existing nearby objects.
2) This requirement may be reduced to the extent necessary if the applicant can demonstrate
that annual energy demand for the building does not exceed the annual energy production
of the required solar energy system.
*NOTE: The sections following the new 6.14 will need to be renumbered, and cross-references will be
updated throughout the document.'
20. The following text will be added to the Executive Summary to highlight the Plan's sustainability
measures (pg. 8)
' Staff has attempted to identify the location of the above changes within the Draft Final Plan as accurately as
possible. Additional locations within the Plan may exist.
Attachment E—Changes to Draft Bergamot Area Plan
A Sustainable Plan Full of Innovations and Creativity
Advancing sustainability by creating a green mixed-use neighborhood with housing,
jobs and services that provides more transportation choices and reduces the need for
vehicle trips; fostering local innovation and high performance built environment;
promoting human health through walking/biking; reducing greenhouse gas emissions
(GHG); capturing stormwater and urban runoff, and requiring a higher level of solar
energy provision.
The graphic on page 7 will be modified to read:
Through its comprehensive policy approach, this Plan meets the economic,
environmental and social goals of the Sustainable City Plan, and specifically addresses
climate change through integrating land use and transportation and moving the city
forward towards net zero energy use. This Plan also represents Santa Monica's
contribution to the federal Sustainable Communities Challenge Program which substantially
funded this effort.
Additionally, a new page will be added to the Executive Summary that summarizes the Plan's
sustainable components.
21. Modify Chapter 4a Urban Form, Policy OS4.1 (page 67):
® Policy OS4.1 Prioritize the acquisition of an open space that is greater than one acre in
size in the Bergamot Plan area and explore funding alternatives that include the use of
assessment districts and land swaps (including City -owned land).
22. Modify Chapter 4e Economic Sustainability, Policy E4.5 (page 133)
®EH�Support non-profit or other affordable housing developers to acquire a site
and build a 100% affordable housing project where "affordability' is defined to include
an income spectrum ranging from extremely low income to workforce.
23. Modify Chapter 4c Circulation and Mobility, Policy CA -3.4 (page 126):
® Consider pfe44e standards and zoning regulations that support temporary art
installations, road closures for street festivals, creative signage, etc.
24. Modify Chapter 5 Development Standards (page 148, 2"" paragraph)
As discussed in Chanter 1 Introduction the LUCE sets out three tiers for new development in the
Bergamot Plan Area. Tier 1 is baseline by -right development up to the discretionary review thresholds
established by the Zoning Ordinance.
2/.25. Modify Chapter 5 Development Standards, Tier II Requirements (page 148)
® (2"a bullet) Provide all Tier II requirements_ specified in the CitV's Municipal Code, Article IX (Zoning
Ordinance). In order to ensure that new development at the Tier 11 level contributes to the identity
Attachment E -Changes to Draft Bergamot Area Plan
and development of the Bergamot Plan area, Tier II level fees shall be allocated to appropriate
projects within the Bergamot Plan area to the extent feasible.
• (3'6 bullet) Notwithstanding the above, Nn v:a'a-paY,�.Zoning Ordinance Updaterp ocess
will consider requiring f^n';" Barges e+=^^that projects in the Berkamot Plan area pay a
hipher-addWetaal Transportation Impact Fee (TIF), pet, ^ "Y a - G% of_the--e a ot,;,z
%^tvmrrn�"'a••r,veinrr+t. TIC�T�vraerrvm�mnmrrCue�Tir)—,r.xerrrfvdc 1wrrAl'+h th.. +1��.J'fG..
to be allocated as above
5:26. __Modify Chapter 5 Development Standards, Standard B.14.A.06 Charging for Parking
Required
• B. Parking Pricing: All chafed parking spaces shall be priced at an hourly or daily rate per B.14.A.15.
If shared parking spaces are leased...
27. Minor text changes to better reflect legal requirements in obtaining infrastructure
improvements, developer -paid fees, community benefits, and other district -wide enhancements
have been made on the following pages: 3, 77, 104, 245, and 247.
28. Correct the reference to the buffer park project in Chapter 8 (Implementation) as follows
• On page 253 (third column) Last sentence of Section (a) will be adjusted as follows: €xf!o=s
#Development of the "Buffer Park' adjacent to the Expo maintenance yard is also included in
Phase 1.
® n Table 8.02 the Buffer Park at Expo Yard line item is listed under "Funded by Expo" but is
funded by the City and the table will be updated to show the Citv's Rough Cost Estimate for the
park as $4 million