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SR-12-17-2013-7A - 400-04City Council Meeting: December 17, 2013 Agenda Item: To: Mayor and City Council From: David Martin, Director of Planning and Community Development Subject: First Reading of an Interim Ordinance Extending Interim Zoning Ordinance No. 2439 (CCS); Update on the Status of Pending Development Agreement Applications; and Modification of the Development Agreement Float -Up Process for Limited Types of Projects Recommended Action Staff recommends that the City Council: Introduce for first reading an interim ordinance to extend until May 31, 2014 the effective date of Interim Ordinance No. 2439 (CCS) which established interim development standards and procedures pending implementation of the Land Use and Circulation Element (LUCE) through adoption of a new Zoning Ordinance; 2. Review the status of pending Development Agreement applications filed since LUCE adoption in July 2010; 3. Modify the Development Agreement process to exempt limited types of projects from Planning Commission and City Council early conceptual review (float -up) discussions and maintain the requirements for a Community Meeting and an Architectural Review Board float -up discussion prior to initiating project negotiations between staff and the applicant; and 4. Affirm development of new affordable housing units as a priority item to be considered during community benefit negotiations for proposed mixed -use housing projects subject to a Development Agreement. Executive Summary This staff report addresses four planning and development - related items that are timely as deliberations on the Draft Zoning Ordinance begin at the City's Planning Commission this month. The adoption of a new Zoning Ordinance is anticipated by the first Council meeting in April 2014. The current Interim Zoning Ordinance is in effect until February 28, 2014 and needs to be extended to the point in time when the new Zoning Ordinance is anticipated to be in effect. The recommended extension to May 31, 2014 accounts for the anticipated adoption of the new Zoning Ordinance on April 8th and the necessary time before the effective date (30 additional days following second reading of an ordinance). This report provides another update on the status of pending Development Agreements and also proposes a float -up process modification to exempt limited types of projects from Planning Commission and City Council early conceptual review (float -up) discussions and maintain the requirement for a Community Meeting and an Architectural Review Board (ARB) float -up discussion prior to initiating project negotiations between staff and the applicant. The proposed process modification would apply only to projects that result in a de minimis expansion of existing, approved buildings and provided they meet the following criteria: projects that involve a Zoning Ordinance - permitted use of an existing structure; and new construction of less than one - percent of existing floor area which may include a proposed increase in building height. This report also serves as follow up to the Council's discussions in January and February about the status of pending Development Agreements and the early conceptual review process implemented by staff for those applications. At that time, the Council also outlined several project types that would be eligible for priority processing, given the large number of pending Development Agreements filed since the LUCE was adopted in 2010. In addition to that discussion of priority processing, staff also seeks Council's affirmation that development of new affordable housing units may be prioritized during community benefit negotiations for mixed -use housing projects that are subject to a Development Agreement, when appropriate given project- specific characteristics. Background Interim Zoning Ordinance Following the adoption of the LUCE in' July 2010, Interim Zoning Ordinance (IZO) Number 2345 (CCS) was first presented to establish interim zoning provisions and standards on January 25, 2011 and was adopted on February 8 2011. The IZO has been extended and modified several times as implementation of the LUCE has moved forward: • Ordinance No. 2356 (CCS), adopted on Agril 26 2011, extended the IZO 18- months to October, 26, 2012. • Ordinance No. 2394(CCS), adopted on February 28, 2012, primarily modified restrictions pertaining to the number of restaurants on Main Street. 2 • Ordinance No. 2407 (CCS), adopted on August 28 2012, addressed several issues related to auto dealerships in residentially zoned areas and extended the IZO until August 14, 2013. • Ordinance No. 2417 (CCS), adopted on February 26 2013 modified the requirements for ministerial processing of 100% affordable housing projects of 50 or fewer units to encourage a greater mix in housing affordability levels, helping address the City's need for low, very low and extremely low income affordable housing units. • Ordinance No. 2428 (CCS), adopted on June 25, 2013, extended the effective date of the IZO to February 28, 2014 and exempted ground floor outdoor dining on private property from a building's Floor Area Ratio calculation in the Downtown District. • Ordinance No. 2439 (CCS), adopted on September 24, 2013, clarified that the Bergamot Area Plan standards apply when provisions are in conflict with the current Zoning Ordinance and established a Use Permit process in lieu of the Minor Use Permit identified in the Bergamot Area Plan until adoption of the 2014 Zoning Ordinance. Pending Development Agreement Applications and Float -Up Process At its January 8, 2013 meeting, Council considered a December 11 2012 report and a January 8, 2013 supplemental report that provided summary information about pending Development Agreement applications that had been filed since the LUCE was adopted in July 2010 and initiated a discussion on ways to address this large number of pending applications. At its January 8th hearing, Council directed staff to devise a framework for prioritizing how applications would be processed going forward until the new Zoning Ordinance is adopted. On February 12 2013, Council approved several categories of projects that would be eligible for priority processing as a way to help determine allocation of staff and decision - makers' time to the 35 Development Agreement applications pending at that time. Finally, at the January 8th Council hearing, staff recommended updated processing procedures for early conceptual review (float -up) of Development Agreements. These process revisions included shifting the responsibility for hosting the initial project 3 community meeting to the applicant and requiring a joint Planning Commission and Architectural Review Board float -up discussion for all Development Agreement applications. The Council approved these float -up procedures on January 8th and later modified these steps on April 23 2013 to require separate Architectural Review Board and Planning Commission float -up discussions — where the joint Board and Commission discussion was previously recommended. Discussion Interim Zoning Ordinance Extension & Zoning Ordinance Update In January 2011 the City Council adopted an Interim Zoning Ordinance which set forth the process by which projects would be reviewed prior to the adoption of the new Zoning Ordinance, which will establish the process for the review of Tier 1 and Tier 2 projects. The Interim Zoning Ordinance has been extended by the Council three times and is currently set to expire on February 28, 2014. The Interim Zoning Ordinance limits by -right projects to those that are ministerial under the Zoning Ordinance and LUCE, and requires a Development Agreement for Tier 2 and Tier 3 projects Citywide and projects over 32 feet in height in the Downtown. The proposed Interim Zoning Ordinance extension also continues to allow the ministerial processing of 100% affordable housing projects of 50 units or less where a minimum of 25 % of the units are restricted to households with low, very low or extremely low income, defined as 60% of Area Median Income or less, and the remainder of the units restricted to moderate income at 80% of Area Median Income or less. Adopted in February 2013, this threshold is a change from the previous provision which allowed 100% affordable housing projects of 50 units or less, where 100% of the units were restricted to moderate income of 80% or less, to be processed as an Administrative Approval (AA). Since this change was adopted by Council, five pending 50 -unit affordable housing projects submitted as Administrative Approvals have been withdrawn; of these five withdrawn applications, one project has been re- submitted as a 0 Development Agreement application. Finally, one Administrative Approval application was redesigned as a commercial remodel without a residential component. The Public Review Draft Zoning Ordinance was released on November 12, 2013, in advance of the Planning Commission's first discussion of the draft on December 11, 2013. The purpose of the City's Zoning Ordinance update is to create a comprehensive set of development standards and use regulations that implement the community planning goals, objectives, and policies set forth in the 2010 Land Use and Circulation Element of the City's General Plan. This is the first comprehensive update of the City's Zoning Ordinance since 1988; the new Zoning Ordinance is structured to be easier to use with updated procedures, standards, and requirements that are more clearly written. The Draft Zoning Ordinance was developed with guidance provided through public review of numerous Zoning Ordinance Update work products; Planning Commission and ARB discussions; and community meetings. Table 1 outlines several of these efforts to date. Table 1: Zoning Ordinance Update Schedule of Work Products and Meetings Topic/Document Action Date Design Review Best Practices Joint PC /ARB Study Session March 28, 2012 Design & Development Standards Community Workshop May 14, 2012 Districts Issue Paper PC Study Session July 18, 2012 Uses, Terms, Definitions Issue Paper PC Study Session July 18, 2012 Community Benefits Issue Paper PC Study Session August 22, 2012 Single- and Multi - Family Standards PC Study Session September 19, 2012 Parking and Transportation Community Workshop September 20, 2012 Residential Design Guidelines PC Study Session November 7, 2012 Mixed Use Development Standards PC Study Session November 14, 2012 Use Regulations PC Study Session November 28, 2012 Parking PC Study Session January 30, 2013 Community Benefits Strategy PC Study Session May 1, 2013 Transportation Demand Management PC Study Session June 5 & August 28, 2013 Parking PC Study Session August 28, 2013 Public Review Draft Zoning Ordinance Released November 12, 2013 b1 There are a total of six Planning Commission study sessions scheduled for deliberations on the Draft Zoning Ordinance starting on December 11th; Table 2 identifies the topics recommended for discussion at each study session. Formulation of Commission recommendations to Council is scheduled for February 5, 2014. As outlined in Table 2, the City Council is anticipated to begin its review on March 3, 2014 with second reading and adoption of the Final Zoning Ordinance recommended on April 8, 2014. An ordinance requires 30 days until its provisions become effective, necessitating an extension of the current Interim Zoning Ordinance to May 31, 2014. Table 2: Draft Zoning Ordinance Deliberations Planning Commission Dates Topics Covered December 11, 2013 . Overview 6 Division I — Introductory Provisions ® Division V — General Terms December 18, 2013 . Division IV — Administration & Permits • Division II — Base & Overlay Districts: Residential Neighborhoods (Chapters 9.07 -9.09) January 8, 2014 ® Division II — Base & Overlay Districts: all other chapters January 15, 2014 ® Division III — General Regulations January 22, 2014 ® Division VI - Related Provisions February 5, 2014 . Recommendations to City Council • Zoning Ordinance Provisions • LUCE map & LUCE Amendments • Environmental Review City Council Dates March 3, 4, 11, 25, 2014 . CC Deliberations • First Reading of Ordinance April 8, 2014 . Second Reading of Ordinance & Adoption Final Zoning Ordinance May 8, 2014 ® Effective date of Final Zoning Ordinance Status of Pending Development Agreement Applications Staff reported in January and February on the status of Development Agreement applications submitted since the adoption of the LUCE in July 2010. At that time, there were 35 applications pending. As of December 1, 2013, there a total of 33 Development Agreement applications pending review; a summary of these projects is provided as Attachment "A ". This reflects the following activity since staff's last report, including projects approved and withdrawn and newly -filed applications: 12 approved Development Agreement applications since July 2010: e 1800 Stewart Street — Agensys research and development facility. Project was approved 10/28/2010. Construction completed in Winter 2013. 725 California Avenue — Saint Monica Catholic Community. Project was approved 5/27/2010. Construction completed in Fall 2013. e 702 Arizona Avenue — Mixed -use project approved on 11/8/2011. Construction in progress; completion anticipated first quarter 2014. 1317 7th Street — Mixed -use project approved on 11/812011. Construction in progress; completion anticipated first quarter 2014. e 2834 Colorado Avenue — Colorado Creative Studios. Project was approved 8/23/2011 and is currently being reviewed by the Architectural Review Board. e 710 Wilshire Boulevard — Mixed -use hotel project approved 5/11/2012. Design review for the project is pending. 401 Broadway — Mixed -use project approved 2/9/2012 and an amendment to allow on -site parking approved 10/8/2013. Plan check review is in progress. e 2930 Colorado Avenue — Village Trailer Park site. Mixed -use project approved on 4/912013. Notice of Closure issued in September 2013; implementation of tenant relocation plan is in progress. 13182 nd Street — Mixed -use project approved 5/14/2013. Project is currently being reviewed by the Architectural Review Board. e 1731 20th Street — Crossroads Science Learning Center. Project was approved 6/25/2013. Plan check review is in progress. e 1554 5th Street — Courtyard by Marriot Hotel project approved 11/12/2013. Design review for the project is pending. e 501 Colorado Avenue — Hampton Inn & Suites by Hilton project approved 11/12/2013. Design review for the project is pending. 7 Five withdrawn Development Agreement applications since December 1, 2012: ® 3402 Pico Boulevard — former Grammy site ® 3025 Olympic Boulevard — Paseo Nebraska Project ® 2919 Wilshire Boulevard — Mixed -use residential /retail at Jerry's Liquor site ® 1425 5th Street — Mixed -use residential /retail ® 2121 Cloverfield Boulevard — Mixed -use residential /retail at Pico & Cloverfield 16 new Development Agreement applications since December 1, 2012: ® 1641 Lincoln Boulevard — Mixed -use residential /retail (filed 12/6/2012) ® 601 Colorado Avenue — Mixed -use residential /retail (filed 12/612012) ® 1613 Lincoln Boulevard — Mixed -use residential /retail (filed 12/11/2012) ® 1637 Lincoln Boulevard — Mixed -use residential /retail (filed 12/11/2012) ® 1402 Santa Monica Boulevard — Mini auto dealership (filed 12/6/2012) ® 501 Broadway — Mixed -use residential /retail (filed 12/6/2012) • 234 Pico Boulevard — Mixed -used residential /retail (filed 12/11/2012) • 1431 Colorado Avenue — Mixed -use residential /retail (filed 1/8/2013) • 603 Arizona Avenue — Mixed -use residential retail (filed 1/8/2013) • 2041 Colorado Avenue — Mixed -use residential retail (filed 2/19/2013) ® 101 Santa Monica Boulevard — Hotel, cultural, residential (filed 2/28/2013) • 120 Colorado Avenue — Hotel and residential (filed 6/6/2013) ® 1318 Lincoln Boulevard — Mixed -use residential /retail (filed 816/2013) • 500 Broadway — Mixed -use residential /retail (filed 8127/2013) ® 12355 th Street — Mixed -use residential /retail (filed 10/8/2013) • 315 Colorado Avenue — Santa Monica Place Cinemas (filed 10/1512013) Priority Processing The allocation of staff time spent on Development Agreement processing has been based, in, part, on the following five Development Agreement application priority processing categories that were established by Council on February 12 2013: R 1. Education - related projects. 2. Revenue - generating projects. 3. Mixed -use / housing projects that include the following two levels of affordability: o 15% of units deed - restricted for 50% of median household income o 5% of units deed - restricted for 80% of median household income (three - bedroom units). 4. Projects that comply with LUCE Tier 1 and Tier 2 parameters. 5. Mixed- use /housing projects that include all of the following unit -mix parameters: • Maximum of 20% studio units • Minimum of 20% two- bedroom units • Minimum of 10% three - bedroom units. Based on these Council- identified categories, of the 33 pending Development Agreement applications, 18 applications are priority projects. These 18 projects are listed in Table 3 along with three pending projects where substantial progress has been made with respect to staff review in preparation for public hearings (pipeline projects). In addition to this summary of Development Agreement applications eligible for priority processing, staff also seeks Council's affirmation that development of new affordable housing units may be prioritized during community benefit negotiations for mixed -use housing projects that are subject to a Development Agreement. Production of affordable and workforce housing was identified in the 2010 LUCE as one of the following five priority community benefit categories: 2090 LUCE Priority Community Benefit Categories: • New affordable and workforce housing • Greenhouse gas and vehicle trip reduction requirements • Community physical improvements (e.g., open space, street improvements, gathering places) • Historic preservation • Social, cultural, and educational facilities 9 However, due to the elimination of the City's Redevelopment Agency by the State of California, which has diminished the City's ability to build new units, affordable housing may be prioritized ahead of other community benefit categories for negotiated mixed - use projects, when appropriate given project- specific characteristics. While housing affordability is also one of the Council- identified priority processing categories for Development Agreements, this recommendation would underscore staffs discretion to further prioritize affordable housing production during Development Agreement negotiations, in particular with proposed mixed -use housing projects. Table 3: Pending Development Agreement Applications — Priority Processing Application Address Priority Type Status CEQA Review 1681 26 Ih St - Pipeline project PC hearings Final EIR former Paper Mate site 2848 -2912 Colorado Ave - Pipeline project Negotiations in Final EIR Roberts Center progress 13184 I St — AMC Theater Pipeline project & Project on hold Draft EIR released Project Revenue- generating for public review 1802 Santa Monica Blvd — Tier 2 & Community meeting Draft EIR in Mixed -use auto dealership Revenue - generating & float -up completed; progress and residential project review in progress 1133 Ocean Ave — Revenue - generating Community meeting Draft EIR in Miramar Hotel Mixed -Use & float -up completed; progress Project project review in progress 3008 Santa Monica Blvd Tier 2 Community meeting CEQA exempt & first ARB float -up completed 3032 Wilshire Blvd Affordability levels Community meeting CEQA Exempt completed 1650 Lincoln Blvd Settlement Community meeting CEQA Exempt agreement completed 1660 Lincoln Blvd Settlement Community meeting CEQA Exempt agreement completed 1415 5' St Affordability levels Community meeting CEQA Exempt com feted 1112 -1122 Pico Blvd Tier 2 Community meeting CEQA Exempt & ARB float -up completed; project review in progress 10 Application Address Priority Type Status CEQA Review 1601 Lincoln Blvd —former Affordability levels Community meeting CEQA Exempt Norms site & float -up completed; project review pending 1560 Lincoln Blvd — Affordability levels Community meeting CEQA Exempt Denny's site & float -up completed; project review pending 501 Broadway Affordability levels & Community meeting CEQA Exempt residential unit mix completed 101 Santa Monica Blvd - Revenue - generating Community meeting Environmental Ocean Avenue Project & ARB float -up review has not completed commenced 1530 Santa Monica Blvd - Revenue - generating Community meeting Environmental Toyota Auto Dealership completed; Float -up review has not pending commenced 1402 Santa Monica Blvd - Tier 2 & Community meeting Draft EIR in Mini Auto Dealership Revenue- generating & float -up completed; progress project review pending 120 Colorado Ave — Santa Revenue - generating Community meeting Environmental Monica Hotel by the Pier completed; review has not Float-up pending commenced 1318 Lincoln Blvd Residential unit mix Community meeting CEQA determination pending pending 500 Broadway Residential unit mix Community meeting EIR consultant pending selection in progress 315 Colorado Ave — Santa Revenue - generating Community meeting Draft MND in Monica Place Cinemas pending progress The overall number of pending Development Agreements may change once the new Zoning Ordinance is adopted and the development standards, community benefit program, and procedural requirements for Tier 1 and Tier 2 projects have been implemented. Float -Up Process Modification At its January 8, 2013 meeting Council adopted staff's recommendations to provide early /conceptual Architectural Review Board review of pending Development Agreement applications through a combined meeting of the Planning Commission and the ARB. The Council agreed that it is important to include the ARB in the float -up 11 process to provide the applicant with an early indication of conceptual but significant design issues such as massing, scale, form, and relationship to the surrounding context. The Council also modified the float -up process in April to require separate ARB and Planning Commission review in order to maintain consistent meeting schedules and facilitate agenda management for both the Commission and Board meetings. Today, the float -up process for Development Agreement applications includes the following four steps: 1. Applicant- hosted community meeting; 2. ARB float -up discussion (not required for Tier 1 or Tier 2 projects and specified Downtown projects); 3. Planning Commission float -up discussion (not required for Tier 1 or Tier 2 projects and specified Downtown projects); 4. City Council float -up discussion and direction to staff on whether to initiate negotiations (not required for CEQA exempt projects). It is recommended that the Council modify this float -up process to exempt limited types of projects from Planning Commission and City Council float -up discussions and maintain the requirements for a Community Meeting and an Architectural Review Board float -up discussion prior to initiating Development Agreement negotiations between staff and the applicant. This abbreviated float -up process would apply only to applications that result in de minimis expansion of an existing, approved building and provided they meet the following criteria: • Use of an existing structure, or portion thereof, that is consistent with allowed uses in the Zoning District; and ® New construction /building additions of less than one - percent of existing floor area which may include a proposed increase in building height. This recommended two -step float -up process has been narrowly crafted in order to allow Development Agreement projects of a limited scope to proceed with staff - applicant negotiations following a Community Meeting and an Architectural Review Board float -up discussion, in lieu of the four -step process currently implemented for 12 most proposed Development Agreement projects (with the previously -noted exceptions). As proposed, the recommended process would apply to a project such as the pending Development Agreement application for the Santa Monica Place Cinemas that was filed on October 15th by Macerich SMP GP, LLC. This application proposes a new, 1,500 seat cinema within the existing 3`d floor of the Santa Monica Place Mall located at 315 Colorado Avenue. The proposed change of use from retail to theater use is consistent with permitted uses in the Downtown District and would require a de minimis increase in floor area (several hundred square feet are currently contemplated). The increase in building height is proposed in order to accommodate stadium - theater seating and would not increase the number of building stories. The Community Meeting and ARB float -up would allow residents and interested parties to provide comments on the proposal and also ensure that early conceptual design feedback and direction from the ARB is provided to address urban design and visual compatibility issues. Staff believes this adjustment would still provide adequate opportunities for community input on projects prior to formal Development Agreement hearings and help balance the significant Planning Commission and City Council workload related to development applications. 13 Financial Impacts & Budget Actions There is no immediate financial impact or budget action necessary as a result of the recommended action. Prepared by: Roxanne Tanemori, AICP, Senior Planner Approved: "U 4 — David Martin, Director Planning and Community Development Attachments: Forwarded to Council: Rod Gould City Manager A. Approved and Pending Development Agreements, December 2013 B. Proposed Development Agreement Float -Up Process, December 2013 C. Draft Interim Zoning Ordinance 14 1 ( 1 I WIN a U �l I =1 ol } December 2013 15 APPROVED DEVELOPMENT AGREEMENTS SINCE JULY 2010 • 1800 Stewart Street — Agensys. Construction of a new facility for Agensys, a company engaged in the research and development of pharmaceuticals for the treatment and prevention of cancer. The project includes a pedestrian path that breaks up a large industrial parcel and provides a direct pedestrian connection from the neighborhood east of Stewart Street to the Bergamot Station arts complex and the Expo light rail line. Project was approved 10128/2010. Construction was completed in Winter 2013. • 725 California Avenue — Saint Monica Catholic Community. Construction of a community center, addition of a 154 space subterranean parking garage, and improvements to the elementary and high school facilities, at the existing church campus. Project was approved 05/27/2010. Construction was completed in Fall 2013. • 702 Arizona Avenue — Five -story (50') mixed -use project with 8,500 SF of retail space and 106 residential rental units, including 11 on -site very-low income units. Project is under construction; completion is anticipated during the first quarter of 2014. • 13177 TH Street — Five -story (50') mixed -use project with approximately 2,929 SF of commercial space and 57 rental units, including six very-low income units. Project is under construction; completion is anticipated during the first quarter of 2014. • 2834 Colorado Avenue — Colorado Creative Studios. This development is envisioned as a headquarters opportunity for a studio /entertainment company. In addition to 170,000 SF of creative office space and 9,000 SF of retail, the project will provide over 600 parking spaces, some of which will be available for shared parking. The project was approved 08/23/2011 and is currently being reviewed by the Architectural Review Board. • 710 Wilshire Boulevard — Mixed -use hotel project that includes restoration and rehabilitation of the Wilshire Professional Building, a designated City Landmark constructed in 1928. This building would be converted from an office building to a hotel, resulting in the removal of 30,000 square feet of downtown office space. The four -story (57') project, which also includes the construction of a new building on the site of an existing surface level parking lot, will include a 285 room hotel and approximately 19,000 SF of retail and restaurant space. The project was approved 05/11/2012 and is pending design review. • 401 Broadway — Five -story (56') mixed -use project with 28,869 SF total (5,217 SF commercial); 56 residential rental units, including six on -site affordable units; and 92 bicycle parking spaces. The project was approved 02/09/2012. An amendment to the Development Agreement was approved on 10/22/2013 to permit 49 16 subterranean parking spaces accessed by a car elevator and minor modifications to the ground floor plan. • 2930 Colorado Avenue — Village Trailer Park site. Mixed -use project consisting of 341,290 SF total (24,940 commercial); 377 residential units, including 38 affordable units, 705 subterranean parking spaces, and 638 bicycle parking spaces. The project was approved 4/9/2013. • 13182 nd Street — Four -story (45') mixed -use project with 46,421 SF total (6,664 SF commercial); 53 residential units, 6,664 SF of retail space, 66 subterranean parking spaces, and 132 bicycle parking spaces. The project was approved 6/25/2013. • 1731 20`h Street — Crossroads School Science Learning Center. New three -story (41'), 23,856 SF science learning center and temporary modular classrooms; 50 bicycle parking spaces. The project was approved 6/25/2013. • 15545 th Street — Courtyard by Marriot Hotel. 136 guest- rooms, six -story, 78,750 SF hotel with 78 subterranean parking spaces and 43 bicycle parking spaces. The project was approved 11/26/2013. • 501 Colorado Avenue — Hampton Inn & Suites by Hilton. 143 guest- rooms, six -story, 78,750 SF hotel with 78 subterranean parking spaces and 45 bicycle parking spaces. The project was approved 11/26/2013. PENDING DEVELOPMENT AGREEMENTS NEW APPLICATIONS FILED SINCE DECEMBER 1, 2012 • 501 Broadway — Proposed six -story (76') mixed -use residential /retail project consisting of 51,480 SF total (6,040 SF commercial); 65 units (13 studios, 21 one - bedroom units, 24 two- bedroom units, seven three - bedroom units); and 154 subterranean parking spaces. 15 of the 65 units would be affordable units. Application was filed 12/6/2012. • 1641 Lincoln Boulevard — Proposed five -story (60') mixed -use residential /retail project consisting of approximately 56,674 SF (7,884 SF commercial); 78 units (34 studios, 40 one - bedroom units, four two - bedroom units); and 104 parking spaces. Application filed 12/6/2012. • 601 Colorado Avenue — Proposed six -story (84') mixed -use residential /retail project consisting of approximately 58,353 SF (8,753 SF commercial); 73 units (58 one - bedroom units and 15 two - bedroom units); 160 subterranean parking spaces; and 146 bicycle spaces. Application filed 12/6/2012. 17 • 1613 Lincoln Boulevard — Proposed five -story (59') mixed -use residential /retail project consisting of approximately 44,443 SF (6,953 SF commercial); 56 units (24 studios, 28 one - bedroom units and four two- bedroom units); and 75 subterranean parking spaces. Application filed 12/11/2012. • 1637 Lincoln Boulevard — Proposed five -story (59') mixed -use residential /retail project consisting of approximately 55,800 SF (7,450 SF commercial); 75 units (19 studios, 52 one - bedroom units and four two- bedroom units); and 114 subterranean parking spaces. Application filed 12/11/2012. • 234 Pico Boulevard — Proposed four -story (45') mixed -used residential /retail project consisting of 100,245 SF total (20,100 SF commercial); 91 residential units (45 one - bedroom units, 46 two - bedroom units); Twelve of the 91 units are proposed as affordable units. 260 subterranean parking spaces are proposed along with 182 bicycle parking spaces. Application filed 12/11/2012. • 1431 Colorado Avenue — Proposed four -story (47') mixed -use residential /retail project consisting of 44,900 SF total (12,585 SF commercial); 50 residential units (38 studio units and 12 one - bedroom units) and 140 parking spaces. Application filed 1/8/2013. • 603 Arizona Avenue — Proposed six -story (60') mixed -use residential /retail project consisting of 27,500 SF total (2,500 SF commercial); 39 residential studio units, and 37 subterranean parking spaces. Application filed 1/8/2013. • 2041 Colorado Avenue — Proposed four -story (47') mixed -use residential /retail project consisting of 179,922 SF total (22,103 SF commercial); 174 residential units (111 studios, 42 one - bedroom units, 21 two- bedroom units); and 380 parking spaces. Application filed 2/19/2013. • 131.8 Lincoln Boulevard — Proposed six -story mixed -use residential /retail project consisting of 41,242 SF total (2,602 SF commercial); 60 residential units; and 160 parking spaces. Application filed 8/6/2013. • 1402 Santa Monica Boulevard — The MINI Dealership project proposes a new two - story, 33,750 square foot automobile dealership building containing vehicle showrooms, indoor /outdoor cafe, and a concealed service /repair and parts departments. The maximum height of the proposed building would be approximately 35 feet. Customer parking will be located at -grade within the building. A one -level subterranean garage will be constructed with parking for customers and employees, on -site inventory parking, and facilities for vehicle preparation /services. A community meeting was held for the project on March 28, 2013; the Architectural Review Board float -up discussion was held on June 3, 2013; the City Council float -up was held on August 14, 2013. Preparation of the Draft EIR and project negotiations are in progress. Application filed 12/6/2012. in • 500 Broadway — Proposed seven -story (84') mixed -use residential /retail project consisting of 171,675 SF total (39,600 commercial); 250 residential units (40 studios, 126 one - bedroom units, 54 two - bedroom units, 30 three - bedroom units); and 561 parking spaces. Application filed 8/27/2013. • 101 Santa Monica Boulevard — Ocean Avenue Project. Proposed mixed -use hotel, cultural, retail and residential development. 125 -room hotel with meeting room and banquet space; 19 replacement rent - controlled apartments and up to 5 affordable rental units; 22 market -rate condominiums; ground -floor restaurant and retail space; three building cultural /museum campus with open space; publicly accessible roof -top observation deck. Project also includes retention and rehabilitation of two designated City Landmark structures on site. A Community Meeting was held on March 21, 2013; the Architectural Review Board float -up discussion was held on August 5, 2013. Application filed 2/28/2013. • 120 Colorado Avenue — Santa Monica Hotel Project by the Pier. Proposed redevelopment of the existing Wyndham Hotel site with a new 211 -room hotel with 25 condominiums and ground floor restaurant and retail space. The project proposes three buildings that increase in height from Ocean Avenue. The building on Ocean Avenue is 63 feet (five floors), the middle building is 96 -107 feet (eight floors), and the easterly most building is 174 -195 feet (15 floors). A Community Meeting was held on September 26, 2013 and an Architectural Review Board float - up discussion is scheduled for January 6, 2014. Application filed 6/6/2013. • 1235 5th Street — Proposed five -story (60') mixed -use residential /retail project consisting of approximately 24,170 SF (1,360 SF commercial); 27 units (10 studios, 15 one - bedroom units and two two - bedroom units); and 24 subterranean parking spaces. Application filed 10/8/2013. ® 315 Colorado Avenue — Santa Monica Place Cinemas. Proposed conversion of 44,247 SF of existing, vacant retail space on the third floor of Santa Monica Place into a cinema with a maximum of 1,500 seats. A building height increase is proposed to accommodate stadium -style seating. The proposal may include the addition of several hundred square feet of new floor area. A Community Meeting is scheduled for December 12, 2013. Application filed 10/15/2013. PENDING APPLICATIONS FILED PRIOR TO DECEMBER 1, 2012 2009 Applications • 1802 Santa Monica Boulevard — This project consists a 33,710- square -foot three - story mixed -use building that would include an auto dealership, a restaurant, 26 residential units, and a four -level subterranean parking garage. The proposed auto dealership would be located on the ground floor and consist of a retail showroom and auto service department. Dealership vehicles would be stored within the 19 subterranean garage. The 1,390- square -foot restaurant with a 240- square -foot outdoor seating area would also be on the ground level. The project's residential units would be located on the 2nd and 3rd levels above the ground floor commercial uses. Residential units would consist of 24 studio units and two 1- bedroom units, consisting of 18,610 square feet. The building would be 35 feet in height (top of parapet would be approximately 39 feet high). All parking would be contained on -site and underground within a four -level subterranean parking garage. The subterranean garage would provide a total of 130 parking spaces. A Community Meeting and Planning Commission float -up discussion were held earlier this year and preparation of the Draft EIR is in progress. Application filed 12/10/2009. 2010 Applications • 1681 26`h Street — Bergamot Transit Village at the former Papermate site. Proposed mixed -use project consisting of 471 residential rental units, 27 artist work/live units, 374,423 SF of creative office, and approximately 29,391 SF of neighborhood commercial space. Proposal includes 1,930 subterranean parking spaces and 1,284 bicycle parking spaces. Planning Commission began its formal consideration of this application on September 11, 2013; discussions continued on October 23, 2013 and November 20, 2013. A fourth Planning Commission discussion has been scheduled for December 4, 2013. Council hearings are anticipated to begin during the first quarter of 2014. Application filed 5/20/2010. 2011 Applications • 1318 4th Street — AMC Theater Project. At an August 2010 City Council Float -Up hearing, the Council directed staff to proceed with negotiations on this project, which would result in the construction of a 12- screen state -of- the -art theater complex on the existing site of Parking Structure #3. The draft EIR public review began in October 2012 and closed on November 26, 2012. Response to Comments and the Final EIR are currently in preparation. Project proposal is currently on hold. Application filed 1/7/2011. • 1133 Ocean Avenue / 101 Wilshire Boulevard — Miramar Hotel Mixed -Use Project. Incorporating both preservation of the Landmark Moreton Bay Fig Tree and rehabilitation of the historic Palisades Building, this proposal would redevelop the existing hotel property with 280 hotel rooms, new food and beverage facilities, spa, banquet facilities, retail space, and condominiums. An open space area is planned at the corner of Wilshire Boulevard and Ocean Avenue. Total project square footage would be approximately 568,940 SF and would also include an affordable housing component of up to 40 units on hotel -owned property located directly across from the Hotel on Second Street. A community meeting was held in June 2011 followed by Planning Commission float -up discussions on February 8 and 22, 2012 and a City Council float -up discussion on April 24, 2012. An EIR Scoping Meeting was held on May 16, 2013. Staff review of the project is underway and preparation of the Draft EIR is also in progress. Application filed 4/28/2011. 20 • 1660 Lincoln Boulevard — A bookend to the project immediately to the north at 1650 Lincoln, this project proposes a six -story (59') approximately 42,461 SF mixed -use development with 79 residential units (15 SRO - units, 44 one - bedroom, 15 two - bedroom, five three - bedroom) and a two level subterranean garage with 79 parking spaces and two motorcycle spaces. A community meeting was held for the project on January 17, 2012. Application filed 6/16/2011. • 1650 Lincoln Boulevard — Proposed approximately 45,344 SF six -story (60') mixed - use project consisting of 86 apartment units (14 SRO - units, 57 one - bedroom, nine two- bedroom, six three - bedroom), 84 automobile parking spaces, and 2 motorcycle spaces. A Community Meeting was held for the project proposal on January 17, 2012. Application filed 8/30/2011. • 3008 Santa Monica Boulevard — Located at the southeast corner of Santa Monica Boulevard and Stanford Street, this project proposes a 28,553 SF three -story mixed use building with 4,238 square feet of ground floor retail and 30 residential units above a two level subterranean garage with 68 parking spaces and 40 bicycle parking spaces. The project would provide a mix of studio, one bedroom, and two bedroom units. A community meeting was held on October 18, 2012. Application filed 10/27/2011. • 2848 Colorado Avenue — Roberts Center. The Council float up for this mixed use development was completed in July 2011. The project proposes a total of 304,368 SF consisting of 231 residential units (113 studios, 86 one - bedroom units, 32 two - bedroom units), 23,000 SF of neighborhood commercial space, and 37,000 SF of creative office space. The Final EIR for the project has been released. Application filed 11/30/2011. 2012 Applications • 1415 5th Street — Located in the downtown on the east side of Fifth Street between Broadway and Santa Monica Boulevard, this application proposes a six -story (74') mixed -use residential /retail project consisting of 51,935 SF total (10,070 SF commercial); 60 residential units; 159 parking spaces and 133 bicycle parking spaces. A Community Meeting was held on August 1, 2013 and an ARB float -up discussion was held on September 16, 2013. Application filed 4/17/2012. • 1325 6th Street — Proposed seven -story mixed -use residential /retail project consisting of 68,549 SF total (2,000 SF commercial); 100 residential units; and 166 parking spaces. The site is located on the east side of 6th Street adjacent to the Santa Monica Main Library parking lot. A Community Meeting was held for this project on August 30, 2012. Application filed 5/3/2012. 21 • 1437 -1443 Lincoln Boulevard — This project would replace existing retail buildings with a six -story mixed use project containing 100 residential units and approximately 2,800 square feet of retail space. Four levels of subterranean parking are also proposed. The building, which would total 40,000 square feet of floor area. The application was filed 6/7/2012 and was resubmitted in August 2013. • 1112 -1122 Pico Boulevard — Located along the south side of Pico Boulevard between 11th Street and Euclid Street on a vacant site, this project proposes a 30,423 SF four -story, 32 -unit building (one one - bedroom and 31 two - bedroom). Two of the 32 units would be affordable units. Subterranean parking would provide 70 parking spaces. A community meeting was held for this project on September 13, 2012 and an Architectural Review Board float -up discussion was held on July 1, 2013. Application filed 6/12/2012. • 1601 Lincoln Boulevard — The former Norms Restaurant site located at the southeast corner of Lincoln Boulevard and Colorado Avenue would be replaced with a five story (57'), 79,786 SF total (10,687 SF commercial) C- shaped building, containing 98 residential units (35 studios, 45 one - bedroom, 14 two- bedroom, four three - bedroom); and 185 parking spaces. A total of 15 of the 89 units would be affordable units. A community meeting was held on November 8, 2012 and the Architectural Review Board held a float -up discussion about the proposal on July 15, 2013. Application filed 8/24/2012. • 525 Colorado Avenue - Proposed eight -story (84') mixed -use project consisting of 41,145 SF total (3,004 SF commercial); 77 residential units (49 studios, 14 one - bedroom units, 14 two- bedroom units); 125 mechanical parking spaces; and 18 bicycle parking spaces. Applicant is currently redesigning the project proposal. Application filed 9/6/2012. • 3032 Wilshire Boulevard — This project is on the site of an existing Bank of America building. The five -story (60') 81,125 SF total (12,000 SF commercial) development would provide 100 units (30 studios, 65 one - bedroom, five two - bedroom); 199 parking spaces and 132 bicycle parking spaces. A Community Meeting was held for the project on September 19, 2013. Application filed 11/1/2012. • 1530 Santa Monica Boulevard — This project, which was filed on November 29, 2012, is located on the southwest corner of Santa Monica Boulevard and 16th Street, The proposed urban format auto dealer would provide a new home for Santa Monica Toyota. A Community Meeting was held on March 14, 2013. The project is currently on hold by the applicant. Application filed 11/2912012. • 1560 Lincoln Boulevard — The existing Denny's restaurant located on the northwest corner of Lincoln Boulevard and Colorado Avenue would be replaced with a five - story 103,000 SF total (13,680 SF commercial) mixed -use development. The project would contain 100 residential units (90 two - bedroom and 10 three - bedroom) 22 and 13,680 square feet of ground floor retail space. Twenty of the 100 units would be affordable units. 416 parking spaces and 248 bicycle parking spaces are also proposed. A Community Meeting for the project proposal was held on August 8, 2013 and an Architectural Review Board float -up was held on September 16, 2013. Application filed 12/1/2012. ® 3402 Pico Boulevard — Mixed -use residential /retail at former Grammy site 2121 Cloverfield Boulevard — Mixed -use residential /retail at Pico /Cloverfield • 3025 Olympic Boulevard — Paseo Nebraska Project — Mixed -use residential /retail ® 2919 Wilshire Boulevard — Mixed -use residential /retail at Jerry's Liquor site • 14255 th Street — Mixed -use residential /retail 23 F -119 ffNaa,i=10r� � December 2013 24 c 4-J t CQU CV/) W§MU NEW 0 RIM, c W� UV) (Un U c 0-4 ONE! SO z I I-& Tell . On- MORI Z� OWN. Tom 10- PWQ N U CL 41 Ln D -0 >' 41 73 sa c —C) mootnu- *4 Cj 0 C) 0 JIM= M, ��Vm- ONE MEN% I'd 0 0 -�j to c- -C C) () 0 TO c: N, As W 4� Go va U1 0- 1 U tug E2, 1, W . , Un ca) aj C: E -3 :L' a) c -6 (t) > E X C " 4� 41 Ln +1 U L,) C> 0 U U, 40� c: a) -r. on to 0 " " x 0 -C U 0-0 (1) U rX 3: S N -a WOU ' E 0 3: o QJ 0 4-; 0 0 "Obn 0 0 oi w m Ln E32 / / /$.s X > E 4� V) Q) Q) c 0 -0 (u e 1 Q) /_% 0 VI 0 u 4�1 Lo 4� u 0 a u =3 4- 0 in F x r - 0 0-0 a) u CL ATTACHMENT "C" 25 F: \atty \mu ni \laws \alan\LUCE \I nteri mOrdAmd 12.17.13 City Council Meeting: 12 -17 -13 Santa Monica, California ORDINANCE NUMBER (CCS) (City Council Series) AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA EXTENDING INTERIM ORDINANCE NUMBER 2439 (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, PROVIDED AN INTERIM USE PERMIT APPROVAL PROCESS FOR THE BERGAMOT PLANNING AREA AND CLARIFIED 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 1 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. 2 (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 currently under public review and discussion at the Planning Commission and scheduled for review and adoption by City Council during the second quarter of 2014. (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. 3 (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 2 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 5 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. 7 (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. 0 (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. (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 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. 10 (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 11 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 project 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 yet 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 12 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), 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, 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, and on September 24, 2013, City Council adopted Ordinance Number 2439 (CCS), clarifying that the Bergamot Area Plan standards apply when provisions are in conflict with the current Zoning Ordinance and establishing a Use Permit process in lieu of the Minor Use Permit identified in the Bergamot Area Plan until adoption of the Zoning Ordinance. (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, June 11, 2013, September 24, 2013, and December 17, 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 13 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. 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. `GI (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 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 (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 ii 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. ® 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 it. 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. (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 17 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 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. m (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 19 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- 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. 20 (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. 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. 21 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, 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 22 (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. 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. P93 (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 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 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. 24 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 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. 25 (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: (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. M (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 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. (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 27 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 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: (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 29 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 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. (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. 31 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. 33 (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 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. 35 (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 (k) 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. 0 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 May 31, 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: W Reference: Attachments Filed with Original Staff Report 12/17/2013 -7A Legislative File 400 -04