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SR-07-22-2014-7D - 400-001-10City Council Meeting: July 22, 2014 To: Mayor and City Council From: David Martin, Director of Planning and Community Development Subject: First Reading of an Ordinance Amending and Extending Interim Zoning Ordinance No. 2460 (CCS) Recommended Action Staff recommends that the City Council introduce for first reading an ordinance to amend and extend Interim Ordinance No. 2460 (CCS) which sets forth interim development standards and procedures pending implementation of the Land Use and Circulation Element (LUCE) through adoption of a new Zoning Ordinance. The three proposed amendments would: 1) Expand the allowable outdoor merchandise displays that may be located on private property along Main Street south of Pico Boulevard subject to certain criteria; 2) Re- classify businesses of 2,500 SF or less along Main Street south of Pico Boulevard with a food service component that meet certain criteria as a "restaurant, full - service ", "restaurant, limited - service and take - out ", or "accessory food service" with a parking requirement of one (1) space per 300 SF of floor area; and 3) Modify development standards applicable to proposed projects in the Multiple Family Residential Districts (R2, R3, R4) in certain areas of the Pico Neighborhood and Mid -City Neighborhood. The Interim Zoning Ordinance is recommended for extension until July 24, 2015. Executive Summary This staff report recommends amending and extending Interim Ordinance No. 2460 (CCS) in order to encourage active, pedestrian- oriented uses along the Neighborhood Commercial /Mixed -Use Boulevard Low corridor on Main Street and to encourage the preservation of existing multi - family residential housing units and maintain the scale and pattern of existing multi - family residential development in certain areas of the Pico Neighborhood and Mid -City Neighborhood on an interim basis until a new Zoning Ordinance is adopted by Council during the first half of 2015. The proposed Interim Zoning Ordinance (IZO) extension until July 24, 2015 would provide additional time to complete Planning Commission, community, and Council review of the new Zoning Ordinance. This extension recognizes the complexity of the Zoning Ordinance update and provides time for the community, the Planning Commission, and the Council to complete this process. This report is in response to the Council's June 24, 2014 direction to evaluate and present a recommendation on , several suggested Interim Zoning Ordinance amendments discussed in conjunction with the Council's earlier review and approval of other minor amendments for certain Main Street and Downtown District properties. The two Main Street - related amendments would enhance the viability of businesses along Main Street's LUCE Neighborhood Commercial and Mixed -Use Boulevard Low Districts by expanding the amount of outdoor merchandise display that is permitted on private property and allow small -scale establishments with a food - service component to operate under "restaurant, full - service ", "restaurant, limited - service and take - out ", or "accessory food service" use classifications, based on their operations characteristics, and each with a 1/300 SF parking requirement. The proposed modifications to development standards for projects in the Multiple Family Residential Districts (R2, R3, R4) for portions of the Pico Neighborhood and Mid -City Neighborhood in proximity to the forthcoming Expo Light Rail line would encourage the preservation of existing multi - family rental housing, and the overall scale and pattern of existing multi - family housing, until new development standards are approved as part of the Zoning Ordinance update, a draft of which is currently being reviewed by the Planning Commission. This proposed amendment would also serve as a catalyst for further discussion of how to encourage preservation of existing affordable housing while incentivizing new affordable units in multi - family districts in the Pico and Mid -City Neighborhoods and Citywide. This policy discussion would continue in conjunction with the Planning Commission and City Council's review and adoption of a new Zoning Ordinance, which is anticipated in the first half of 2015. 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 as implementation of the LUCE has moved forward. Council adopted Ordinance No. 2455 (CCS) on April 22, 2014 extending the effective date of the IZO to December 31, 2014 in order to provide sufficient time to present an updated Draft to Council for approval following conclusion of Planning Commission's detailed review of the Public Review Draft Zoning Ordinance. Most 2 recently on June 24, 2014, Council adopted two amendments to the IZO addressing Main Street District outdoor dining and Downtown District exercise facilities Discussion Outdoor Merchandise Display — Main Street The first recommended amendment would establish an additional allowance for outdoor merchandise display on private property along Main Street's LUCE Neighborhood Commercial and Mixed -Use Boulevard Low Districts. As detailed below, SMMC Section 9.04.10.02.340 (Permitted Outdoor Uses) allows for a limited amount of outdoor merchandise displays on private property along Main Street. These regulations were originally adopted on an interim basis by Council in 2003. In March 2008, the Council made these provisions a permanent part of the Zoning Ordinance. With respect to merchandise display specifically on Main Street, the Zoning Ordinance currently allows a single outdoor display of merchandise on private property for retail establishments within the CM (Main Street Commercial) District provided that the display does not extend beyond the covered vestibule, arcade, or colonnade area, subject to size restrictions, with garment racks expressly prohibited. Only businesses with covered alcoves, vestibules or colonnades on private property can take advantage of this merchandise display provision and a separate but related allowance for one, temporary on- premise sign on private property along Main Street pursuant to SMMC Section 9.52.135 (c) (7) (d) (Temporary Sign Regulations). While not all properties along Main Street have open areas on a parcel to accommodate outdoor merchandise display, this proposed IZO amendment addresses Council's June 24th direction and would expand the current allowance for Main Street outdoor merchandise display on private property as shown on the following table: 3 Table 1. Outdoor Merchandise Display on Main Street Outdoor Current Regulations — CM District Proposed IZO Amendment Merchandise Display (SMMC Section 9.04.10.02.340) Number of displays One (1) Three (3) Location Private property — within covered Private property — within covered or vestibule, arcade or colonnade areas uncovered vestibule, arcade or colonnade areas Maximum 60" tall x 36" wide x 36" depth 60" tall x 60" wide x 36" depth Dimensions —or- 42" tall x 48" wide x 36" depth Display Types Garment racks prohibited One (1) garment rack permitted (included in total number of displays) Other Restrictions Displays must be removed when ® Displays must be removed when business is closed business is closed • Displays are prohibited in parking lots /areas • Displays must not block California Building Code required areas for tenant space /building ingress /egress There are a number of LUCE policies that support the unique pedestrian- oriented shopping and dining environment on Main Street, including the following: • Main Street Goal D31: Preserve and enhance the distinctive qualities of Main Street that allow it to be a vibrant local and regional shopping and dining destination. Modifying the allowable type and number of outdoor displays and creating more flexibility in terms of placement on private property, would help create greater variety for pedestrians on Main Street and thereby enhance the pedestrian experience, generate broader interest among pedestrians to explore the commercial establishments, and stimulate the economic viability of Santa Monica businesses along Main Street. A restriction on merchandise display in parking areas is proposed with this amendment in order to ensure that the limited amount of parking along Main Street is maintained for vehicle parking and to reduce potential aesthetic issues related to merchandise in areas extending beyond the traditional storefront - adjacent display areas. El Public Review Draft Zoning Ordinance The Public Review Draft Zoning Ordinance maintains the current allowance for outdoor merchandise display on private property and does not include an additional allowance like this proposal for the Interim Zoning Ordinance. However, per Council's direction, this additional amendment would be in place on an interim basis and would allow time to evaluate whether any community, business district, or code enforcement issues arise with implementation, and whether or not this provision should be adopted on a permanent basis through the Zoning Ordinance update. Establishments with Food Service — Main Street The second proposed amendment to the Interim Zoning Ordinance would establish that businesses with a food service component up to 2,500 SF in size and with 49 seats or fewer along Main Street's LUCE Neighborhood Commercial and Mixed -Use Boulevard Low Districts would, based on their operations characteristics, be classified as a "restaurant, full - service ", "restaurant, limited - service and take -out" or "accessory food service" each with a parking requirement of one space per 300 SF of floor area, unless grandparented pursuant to SMMC Section 9.04.10.080.030 (e) (1). These establishments would no longer be classified as "restaurants with forty -nine seats or less ", "fast -food and take -out establishments ", or need to comply with the "incidental food service standards" if otherwise classified as a retail use. These businesses would also not be counted as part of the per -block cap on restaurants on Main Street set forth in SMMC Section 9.04.08.28.070 and Paragraph 3 (k) of this Interim Zoning Ordinance. The following discussion provides a summary of key issues related to businesses with food service on Main Street that stem from these definitions along with off - street parking requirements in the current Zoning Ordinance. Allowable Uses Uses such as coffee and juice shops, bakeries, and delicatessens are currently classified as retail uses — with the option for providing incidental food service. Parking is required at the 1/300 SF rate of parking and no additional parking is necessary. 5 Retail use with incidental food service allows for food service of a limited scope in conjunction with the primary retail /commercial use: less than 250 SF of tenant space can be utilized for on -site consumption of food and beverages and with up to 20 seats; orders must be placed at a counter and the consumption area cannot be greater than 33% of the total tenant space. A business that complies with this definition is classified as a retail use, is not required to provide additional parking necessary fora restaurant, and is not subject to the per -block cap on restaurants along Main Street. The operational distinction between these types of retail establishments and certain forms of restaurants has at times been difficult to discern. The proposed amendment would allow for commercial establishments along Main Street with food service up to 2,500 SF in size and with 49 or fewer seats, currently defined as "restaurants with forty -nine seats or less ", "fast -food and take -out establishments ", or "retail use with incidental food service" to be defined as "restaurant, full - service ", "restaurant, limited - service and take - out ", or "accessory food service ". It would subject each of these types of commercial establishments to the same parking standards. This approach better reflects the types of small scale food - service uses the community is accustomed to in Main Street District tenant spaces. It further eliminates the sometimes artificial distinctions between retail uses with incidental food service, like bakeries and delicatessens with seating areas, and restaurants with similar size and operational characteristics that offer sit -down service or walk -up ordering and seating areas. "Accessory food service" would apply to establishments where food is located on the same parcel as or within a primary permitted use that is not restaurant related, and is clearly incidental to the primary permitted use. An example of this type of establishment would be a retail bookstore with an accessory coffee shop area or a grocery store with an accessory seating area. The proposed IZO Amendment also specifies in Paragraph 3 (o) that restaurants that exceed 2,500 SF in size or have more than 49 seats shall be subject to a Conditional Ll Use Permit as set forth in SMMC Section 9.04.20.12 and current parking regulations as set forth in SMMC Section 9.04.10.08. Per -Block Restaurant Limitations on Main Street Finally, pursuant to SMMC Section 9.04.08.28.070 and Paragraph 3 (k) of this Interim Zoning Ordinance, within the CM (Main Street Commercial) District, restaurants and bars are generally limited to a total of two establishments per block, with some exceptions where only one restaurant establishment is permitted per block. This limitation was initially established in 1980 through adoption of the Main Street Master Plan and the CM Zoning District in response to community concerns about availability of parking and impacts from restaurants on nearby residential properties. The proposed IZO amendment would limit the applicability of the per -block restaurant caps on Main Street to those 'restaurant, full - service" or "restaurant, limited - service and take -out' establishments that are greater than 2,500 SF in size or have more than 49 seats. This would allow existing retail with incidental food service establishments that are less than or equal to 2,500 SF to operate with 49 or fewer seats as small -scale restaurants not subject to the per -block restaurant restriction. The proposed amendment would also allow new, small -scale restaurants less than 2,500 SF in size and with 49 or fewer seats to be established in any tenant space on Main Street south of Pico Boulevard. Under current regulations, businesses classified as retail with incidental food service may not be permitted to modify or update their business model or tenant space to accommodate additional service area beyond the allowed 250 SF and 20 seats and are restricted from providing sit -down service within the seating area, and new small -scale restaurants may be restricted based on the per - block cap currently in effect along Main Street. 7 Parking Requirements Current regulations state that restaurants with 49 seats or less are a permitted use in the Main Street District and have a parking requirement of 1/75 SF of seating area. While classified as a permitted use, due to the limited amount of private property parking available along Main Street, most restaurants are unable to move into an existing tenant space unless it is already grandparented for a restaurant use, typically with legal, non - conforming parking. Restaurants of 49 seats or more require a Conditional Use Permit and experience the same parking - related issue. The proposed IZO amendment would apply the same parking requirement of 11300 SF of floor area for all "restaurant, full - service ", "restaurant, limited - service and take -out', and "accessory food service" establishments along Main Street south of Pico Boulevard, provided that the tenant space is less than or equal to 2,500 SF in size and there are 49 seats" or fewer. This would help current businesses to expand seating areas and restaurant operations to better respond to fast - casual, walk -up, and cafe dining trends that are popular in pedestrian- oriented, walkable shopping districts like Main Street. Table 2 on the following page provides a summary of the current and proposed regulations for food service establishments on Main Street south of Pico Boulevard. 2010 LUCE & Public Review Draft Zoning Ordinance The proposed framework for simplifying definitions and associated use regulations for Main Street District food service establishments up to 2,500 SF in size and with 49 or fewer seats is consistent with the recommendations in Division V of the Public Review Draft Zoning Ordinance addressing small -scale eating and drinking establishments Citywide. The proposed parking requirement of one space per 300 SF of floor area is based on the recommended parking requirements for small -scale eating and drinking establishments in Division III and also reflects additional discussion about the parking needs and challenges associated with pedestrian- oriented districts like Main Street. The proposed amendment is consistent with 2010 LUCE Main Street District Goal D31 and Policy D31.3 that cite the need to support the long -term vitality of small businesses and preserve and enhance Main Street's distinctive qualities that allow it to be a vibrant local and regional shopping and dining district. Table 2. Proposed Regulations for Food Service Establishments on Main Street Development Current Regulations — CM District & Proposed IZO Amendment Standards Off- Street Parking Requirements Permitted & Permitted Uses: Permitted Uses: Conditionally • Retail use with incidental food service • Restaurant, full - service 5 2,500 SF and 49 Permitted Uses • Restaurant with 49 seats or less seats or less • Restaurant, limited - service and take -out <_ 2,500 SF and 49 seats or less • Accessory food service Conditionally Permit Uses: Conditionally Permit Uses: • Restaurant with 50 seats or more • Restaurants which exceed 2,500 SF or with • Fast -food or take -out establishments 50 seats or more Restaurants and Not Applicable: Not Applicable: bars shall be • Retail use with incidental food service • Restaurant, full- service <_ 2,500 SF and 49 limited to two seats or less establishments • Restaurant, limited - service and take -out per block unless 5 2,500 SF and 49 seats or less otherwise • Accessory food service specified Applicable: Applicable: • Restaurant with 49 seats or less . Restaurants which exceed 2,500 SF or have • Restaurant with 50 seats or more 50 seats or more • Fast -food or take -out establishments Parking 1 space per 300 SF: 1 space per 300 SF: Requirement • Retail use with incidental food service • Restaurant, full - service 5 2,500 SF and 49 seats or fewer 1 space per 75 SF of seating area • Restaurant, limited - service and take -out 1 space per 50 SF of bar area 5 2,500 SF and 49 seats or fewer 1 space per 300 SF for remainder: • Accessory food service • Restaurant 49 seats or less • Restaurant with 50 seats or more 1 space per 75 SF, minimum of 5 Current parking requirements shall remain in spaces: effect: • Fast -food or take -out establishments • Restaurants which exceed 2,500 SF or have 50 seats or more 0 Development Standards for Multi - Family Housing in the Pico & Mid -City Neighborhoods The third proposed amendment to the Interim Zoning Ordinance would establish modified development standards for projects in the Multiple Family Residential (R2, R3, R4) Districts in the Pico Neighborhood and Mid -City Neighborhood east of Lincoln Boulevard, south of Santa Monica Boulevard, west of the eastern City boundary at Centinela Avenue, and north of Pico Boulevard as shown on Attachment "B" to this staff report. This geographic area was selected based in part on Council direction to examine the multi - family neighborhoods within the Pico Neighborhood and Mid -City Neighborhood in proximity to the Expo Light Rail Line. The proposed boundaries also considered the R2, R3, and R4 Districts within the traditional boundaries of the Pico Neighborhood and the overlapping areas within the Mid -City Neighborhood, and within the walkable, one -half mile radius from the 26th Street/Bergamot and 17th Street/Santa Monica College Expo Stations. Council's June 24ffi discussion focused on the need to encourage the preservation of existing multi - family residential housing and maintain the scale and pattern of existing multi - family residential development in certain areas of the Pico Neighborhood and Mid - City Neighborhood in proximity to the Expo Light Rail line on an interim basis due in part to the potential for rapid redevelopment of such properties in light of the arrival of the Expo Light Rail in 2016. Research has concluded that with the development of a new public transit station, there are significant changes in demographic and economic characteristics in the transit zones (areas within a one -half mile radius of the public transit stations). More specifically, according to this research, in the transit zones, the population grew more quickly, housing production increased, housing became more expensive, and neighborhood residents become wealthier when compared to the metropolitan area as a whole. Neighborhoods with a large number of renters were even more susceptible to these changes. Temporary protection of affordable occupied housing stock in the Pico and Mid -City neighborhoods is supported by 2010 LUCE goals and policies such as N11.5 and N23.1 which encourage development of programs to protect single - family and multi - family residential properties in the Pico Neighborhood 10 and Mid -City Neighborhood and preserve neighborhood character. The proposal would also serve as a catalyst for discussion of how to further encourage preservation of existing and affordable housing units and incentivize new affordable units in multi - family districts in the Pico and Mid -City Neighborhoods and Citywide. This policy discussion would continue within the context of the updated multi - family development standards contained in the Public Review Draft Zoning Ordinance that is currently before the Planning Commission for review. A final version of the Citywide Zoning Ordinance is anticipated for Council consideration during the first half of 2015. The proposed IZO amendment is intended to eliminate existing incentives that allow an increase in unit density that could encourage redevelopment of existing housing stock while also lowering the development threshold for Planning Commission review. More specifically, the amendment would modify development standards set forth in SMMC Section 9.04.08.06 (Multiple Family Residential Districts) and SMMC Section 9.04.10.02.230 and pertain to the following standards for R2, R3, and R4 properties in the Pico Neighborhood and Mid -City Neighborhood: 1. Preferred permitted projects and maximum unit density 2. Parcel consolidation and parcel area calculations 3. Development Review Permit thresholds Each of these standards is discussed below and the proposed amendments are presented in summary form in Attachment "D" to this staff report. 1. Preferred Permitted Projects and Maximum Unit Density Development standards for the Multiple Family Districts currently contain a framework called "Preferred Permitted Projects" to incentivize development of certain types of projects that have been considered desirable in the multi - family districts by providing increased maximum unit density, parcel coverage, and building height in the R2 and R3 Districts. The Preferred Permitted Project classification was established for uses such as senior group housing; LEED Silver certified apartment projects where 25% of the units are 3- bedrooms or larger and 60% of the remaining units are 2- bedrooms or 11 larger; and single - family dwellings as set forth in SMMC Section 9.04.08.06 and Table 9.04 -1. A complete list is provided in Attachment "C" to this staff report. Deleting the Preferred Permitted Projects framework would remove the additional maximum parcel coverage allowance of 5% in the R2 and R3 Districts and remove the maximum building height allowance of one additional story and 12 additional feet of building height in the R3 District in the Pico and Mid -City Neighborhoods. The elimination of Preferred Permitted Projects would be consistent with the 2010 LUCE as it establishes a different framework based on levels of development potential — the Tier system. As detailed in Attachment "D ", coupled with the proposed elimination of Preferred Permitted Projects, allowable maximum unit density permitted in the R2, R3, and R4 Districts in the Pico and Mid -City Neighborhoods would be reduced and calculated using the following ratios under this IZO amendment: • R2 District: the lesser of one unit per 2,000 SF of parcel area or four units total • R3 District: the lesser of one unit per 1,500 SF of parcel area or five units total ® R4 District: the lesser of one unit per 1,250 SF of parcel area or six units total 2. Parcel Consolidation and Parcel Area Calculation The development standards incentives eliminated by removal of Preferred Permitted Projects would be coupled with restrictions on parcel consolidation and utilizing one -half the alley dimensions for residential density calculations in the R2, R3, and R4 Districts. More specifically, this amendment proposes restricting parcel consolidation and /or lot ties that would result in a parcel greater than 7,500 SF of parcel area, the typical residential parcel size in the City. Restricting parcel consolidation and the use of public - right -of -way at the rear of a parcel for purposes of calculating maximum unit density would effectively eliminate the formation of larger development sites and thereby reduce the overall size and scale of proposed projects in the Pico and Mid -City Neighborhoods. 12 3. Development Review Permit Thresholds Finally, during this interim period, the proposed amendment would lower the Development Review Permit Thresholds for the R2, R3, and R4 Districts to 7,500 SF, from 10,000 SF, 15,000 SF, and 22,500 SF, respectively. This would result in Planning Commission review and approval of a Development Review Permit for any proposed project that is equal to or greater than 7,500 SF in the Pico and Mid -City Neighborhood's Multiple Family Districts as shown on Attachment "B ". This process modification would allow for more public discussion of a proposal and provide Planning Commission the ability to review projects in light the Development Review Permit findings that address, in part, the physical location, size, massing, and placement of proposed structures on a development site. Interim Zoning Ordinance Extension In January 2011 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 five times and is currently set to expire on December 31, 2014. 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. Based on the nature of the public comments received to date and the number and depth of the Commission's discussions on the Draft Zoning Ordinance, the Planning Commission's schedule has been extended several times over the course of its review. Both the Commission and community members requested additional time to review Division II, which contains the bulk of the recommended development standards for the base and overlay districts, including maximum unit density and allowable floor area, and required setbacks, stepbacks, and open space. The Planning Commission has also held additional meetings focused on Division III which sets forth a wide range 13 of Zoning Ordinance procedures and general regulations, including parking, circulation, and community benefits requirements. As of July 16, 2014, a total of 16 Planning Commission meetings have been held on the discussion of the Public Review Draft Zoning Ordinance. It is anticipated that Planning Commission will conclude its review in the fall, and a Draft Zoning Ordinance incorporating the Planning Commission's recommendations and considering the community comments will be presented to Council during the first half of 2015. The current Interim Zoning Ordinance is in effect until December 31, 2014 and requires extension through the effective date of the new Zoning Ordinance. The recommended extension to July 24, 2015 accounts for Planning's Commission's completion of its first draft review as well as review of a revised red -line draft, an in -depth Council review of a final draft Zoning Ordinance, first reading and second reading of the ordinance, and the 30 additional days necessary following second reading for the new Zoning Ordinance to become effective. Further, in order to avoid the need for Council action on additional extensions, this ordinance provides some additional time in recognition of the complexity of the project and need for ample public comment. Environmental Analysis The proposed ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15305 Class 5, minor alterations in land use limitations, and Section 15303 Class 3, new construction or conversion of small structures. The allowance of additional outdoor merchandise display on private property is proposed as a companion display area only in conjunction with an existing commercial tenant space during the hours the business is open and would not be permitted in parking areas to avoid any potential impact to traffic and circulation patterns on Main Street. The proposed re- classification of small -scale establishments on Main Street up to 2,500 SF in size with a food service component to "restaurant, full - service or "restaurant, limited service and take -out" will not have a noticeable effect on existing 14 parking resources and therefore will not create potential traffic and circulation impacts because Main Street is a `park -once' pedestrian- oriented shopping and dining district with multiple destinations for patrons, allowing them to park in one location and walk to a variety of retail and dining establishments. The proposed amendment to modify development standards in the R2, R3, and R4 Districts in portions of the Pico and Mid - City Neighborhoods will not create potential environmental impacts because the modifications would uniformly reduce or limit the size and scale of proposed development in the area affected by this Interim Zoning Ordinance amendment through restrictions on maximum unit density, elimination of development incentives for certain project types, limitations on parcel consolidation, and utilization of public right -of -way for the purposes for calculating residential maximum unit density and rear yard depth. Public Hearing A notice for this public hearing was published at least 10 days prior to the hearing in the Santa Monica Daily Press. 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 roved: E avid Martin, Director Planning and Community Development Forwarded to Council: rRod Gould City Manager 15 Attachments: A. Draft Interim Zoning Ordinance B. Pico Neighborhood and Mid -City Neighborhood Area Subject to an Amendment of Interim Zoning Ordinance 2460 (CCS) C. Excerpt of SMMC Section 9.04.08.06 (Multiple Family Residential Districts) D. Proposed Modified Development Standards for Multiple Family Residential Districts in the Pico and Mid -City Neighborhoods E. Public Notice 16 ATTACHMENT "A" 17 City Council Meeting: 07 -22 -2014 Santa Monica, California ORDINANCE NUMBER (CCS) (City Council Series) AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING AND EXTENDING INTERIM ORDINANCE NUMBER - 2460 (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 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 9 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, L 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. II (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. (ft) 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. 12 (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. E (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. IN (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) Establishing ground - floor, small -scale exercise facilities in the LUCE Downtown District as a permitted use in an existing 100% commercial building, instead of as a conditionally permitted use, is consistent with 2010 LUCE Downtown District 12 goals and policies that encourage local- serving uses that are an integral part of complete neighborhoods (Policy D7.2) and that support active, ground -floor uses (Goal D8). (xx) Permitting certain types of private property outdoor merchandise display on Main Street south of Pico Boulevard is consistent with 2010 LUCE Main Street District goals and policies that support both retention of small businesses and development of a lively pedestrian environment, including policy D31.11 and Goal D32.2 which call for enhancement of the streetscape environment and providing incentives that support the long -term vitality of small businesses in the LUCE Main Street District south of Pico Boulevard. (vy) Permitting all businesses on Main Street south of Pico Boulevard that are less than or equal to 2,500 SF and with 49 seats or less that are currently defined as "restaurants with forty -nine seats or less" "fast -food and take -out establishments ", or "retail use with incidental food service" to be re- classified as either a "restaurant, full- service" "restaurant limited - service and take -out" or "accessory food service" with a parking requirement of one (1) space per 300 SF of floor area, and by establishing that these businesses are permitted uses and shall not be subject to the per -block cap on restaurants on Main Street set forth in SMMC Section 9.04.08.28.070 and Paragraph 3 (k) of this Interim Zoning Ordinance is consistent with 2010 LUCE Main Street District Goal D31 and Policy D31.3 that cite the need to support the long -term vitality of small businesses and preserve and enhance Main Street's distinctive qualities that allow it to be a vibrant local and regional shopping and dining district. 13 (zz) Encouraging preservation of existing multi - family residential housing units and maintaining the scale and pattern of existing multi - family residential development in certain areas of the Pico Neighborhood and Mid -City Neighborhood in proximity to the Expo Light Rail line is necessary on an interim basis due in part to the potential for rapid redevelopment of such properties and the arrival of the Expo Light Rail in 2016 and is supported by 2010 LUCE goals and policies such as N11.5 and N23.1 which support development of programs to encourage protection of single - family and multi - family residential properties in the Pico Neighborhood and Mid -City Neighborhood and preservation of neighborhood character with options that could include modifying development standards. (aaa) In light of the above - detailed concerns, on February 8, 2011, the City Council adopted Interim Ordinance Number 2345 (CCS) establishing interim development procedures pending implementation of the LUCE through a revised Zoning Ordinance; on April 26, 2011, the City Council adopted Ordinance Number 2356 (CCS) extending and amending Ordinance Number 2345 (CCS); on February 28, 2012, the City Council adopted Ordinance Number 2394 (CCS), further extending and amending Ordinance Number 2345 (CCS), on August 28, 2012, the City Council adopted Ordinance Number 2407 (CCS) additionally extending and amending Ordinance Number 2345 (CCS), 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 H2 property from a Floor Area Ratio Calculation in the Downtown District, 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, on January 14, 2014, City Council adopted Ordinance Number 2453 (CCS), extending Ordinance Number 2439 (CCS) until May 31, 2014 to provide additional time to complete the process for public review of the Draft Zoning Ordinance at the Planning Commission and City Council, on April 22, 2014, City Council adopted Ordinance Number 2455 (CCS), extending Ordinance 2439 (CCS) until December 31, 2014 to provide additional time to complete the public review of the Draft Zoning Ordinance at the Planning Commission and City Council, on June 24, 2014 City Council adopted Ordinance Number 2460 (CCS) to exempt certain ground floor outdoor dining on private property in the LUCE Main Street District from Floor Area Ratio and parking requirement calculations and to allow certain exercise facilities in the LUCE Downtown District to be established as a permitted use, and on July 22, 2014 Council adopted Ordinance Number (CCS), extending Ordinance Number 2460 (CCS) until July 24, 2015 to provide additional time to complete the public review of the Draft Zoning Ordinance at the Planning Commission and City Council, and also amending Ordinance Number 2460 (CCS) to allow certain types of outdoor merchandise display in the LUCE Main Street District, to reclassify businesses with food service in the LUCE Main Street District that are less than 2,500 SF in size and with 50 seats or fewer as 'restaurant, full - service ", 'restaurant, limited - service and take -out' or "accessory food service" with a 15 one space per 300 SF of floor area parking requirement, and to modify certain multi- family residential development standards in the Pico and Mid -City Neighborhoods. (bbb) 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. (ccc) 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, December 17, 2013, April 8, 2014, June 24, 2014, and July 22, 2014 City Council staff reports, there continues to exist a current and immediate threat to the public health, safety, and welfare should the interim zoning ordinance and necessary amendments not be adopted and development of projects inconsistent with the LUCE be allowed to proceed through the issuance of Administrative Approvals or Development Review Permits which are not consistent with the explicit standards of the LUCE or with the tier structure and the provision of community benefits. 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 1W contravention of Section 3, Section 4, Section 5, or Section 6, during the pendency of this Ordinance or any extension thereof. SECTION 3. Interim Zoning. (a) Administrative Approvals. No development project shall be approved pursuant to Santa Monica Municipal Code Section 9.04.20.28.020 [Administrative Approvals] unless all of the following findings are made: (1) The proposed development does not require discretionary review or approval as established in the Zoning Ordinance, the LUCE, or this Interim Ordinance. (2) The proposed development conforms precisely to the development standards contained in both the Zoning Ordinance and in the LUCE for the zoning district and land use designation in which the development is located. (3) In the case of any inconsistency between the Zoning Ordinance and the LUCE pertaining to any objective development standard or permitted use, the proposed 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 17 reasonably likely to result in attainment of a 1.50 a.m. and p.m. AVR among employees at the development within three years and continued achievement and maintenance of the AVR targets thereafter. The following measures shall be included in the developer's TDM plan: (A) Transportation Information: Developer (and its successors and assignees) shall provide, to the satisfaction of the City, bulletin boards, display cases, or kiosks, displaying transportation information located where the greatest number of residents and employees are likely to see them. This information shall also be provided annually and upon signing of any lease, to residents and commercial tenants. Information shall include, but is not limited to, the following: ® Current maps, routes, fare information, and schedules for public transit routes serving the site. ® 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. in (B) Motorcycle Parking: Developer (and its successors and assignees) shall provide two motorcycle parking spaces allocated in the commercial subterranean parking level, if commercial parking is provided on -site. (C) Bicycle Parking: Developer (or successors and assignees) shall provide and maintain long -term, secure bicycle parking, such as a locked room or cage, for commercial tenant employees at a rate of one space for each 5,000 sq. ft. of commercial area, with a minimum of two spaces in City- approved locations. Long -term secure bicycle parking for the residential component shall be one space per bedroom and shall be provided in an enclosed, secure space (e.g. bike room, bike lockers). Short -term bicycle parking for the residential component shall be 0.2 spaces /unit with a minimum of 4 spaces. (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 I residential units within the Project provide residential tenants with the option of leasing parking space(s) separately from the residential unit. Any parking spaces not leased by project residential tenants may be leased to any lessee on a month to month basis, whether or not the lessee otherwise occupies or works at the project, provided project residential tenants are given first priority to lease such spaces. (G) Transportation Management Organization: Developer shall agree to participate in a Transportation Management Organization serving its area and require same of its tenants. If the City adopts a requirement that a Transportation Management Organization be formed for the project's geographic area, property owner and tenants shall participate in any specific strategies that may be implemented, including but not 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 20 the Land Use Designation Map approved by the City Council on July 6, 2010 shall exceed 32 feet in height except City projects or projects developed pursuant to a development agreement adopted pursuant to Santa Monica Municipal Code Chapter 9.48. However, development projects located entirely within the BSC1 Zoning District shall not be subject to these interim standards provided that the development project is less than the height and floor area of the existing building. (d) 100% Affordable Housing Projects. Notwithstanding subsection (b) and (c) of this Section, affordable housing projects with 50 units or less will continue to be processed ministerially if a minimum of twenty -five percent (25 %) of the housing units are deed - restricted or restricted by an agreement approved by the City for occupancy by households with income of sixty percent (60 %) of Area Median Income or less and the remainder of the housing units are deed - restricted or restricted by an agreement approved by the City for occupancy by households with incomes of eighty percent (80 %) of median income or less. Such affordable housing projects may also include non - residential uses, as long as such uses do not exceed a maximum percentage of 33% of the total floor area. Notwithstanding Section 7, affordable housing projects with 50 units or less which are being developed pursuant to a settlement agreement with the City or which received their Administrative Approval prior to January 8, 2013 shall continue to be processed in accordance with Ordinance Number 2407 (CCS). (e) Shared Parking. The following administrative process is hereby established authorizing property owners and tenants to request shared parking in the Downtown Core, except for projects that are processed through a development agreement. A 21 shared parking permit is intended to permit the owners of parking facilities to rent or lease underutilized parking that is available in their facility to nearby residents, workers or businesses while reserving sufficient parking supply needed for on -site uses. (1) Permit Required. A shared parking permit, approved by the Planning Director, or his /her designee, shall be required and shall be issued prior to the commencement of a shared parking use of any private parking facility that is otherwise limited to on -site users. The Planning Director, or his /her designee, may establish additional conditions to further the intent of this subsection (e) and ensure that parking spaces needed for the primary on- 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. 22 (ii) The shared parking permit sets forth the maximum number of shared parking spaces that are being approved for use by off -site users that will be available during peak and off -peak parking demand periods so as to ensure that a sufficient number of spaces will be provided to meet the greater parking demand of the anticipated users. (iii) Additional requirements, restrictions or agreements, as deemed necessary by the Planning Director, or his /her designee, are included as a requirement(s) of the shared parking permit to ensure that parking spaces needed for the primary on -site uses will be available during the hours needed for their use. 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. 23 (5) Monitoring. The permit holder shall grant City staff access to the parking facility for the purpose of verifying parking availability prior to issuing the permit as well as to allow random monitoring after the permit is issued. (6) Modification or Revocation. The City may modify or revoke an approved shared parking permit in accordance with the following procedures: (i) If the Planning Director designee receives evidence that the conditions of the permit have not been met, or the permit granted is being or has recently been exercised contrary to the terms of the approval or in violation of a specific statute, 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. 24 (iii) After the hearing, a shared parking permit may be revoked by the Zoning Administrator or by the Planning Commission on appeal or review if any one of the following findings is made: fraud (A) That the Shared Parking Permit was obtained by misrepresentation or (B) That the conditions of the permit have not been met, or the permit granted is being or has recently been exercised contrary to the terms of the approval or in violation of a specific statute, ordinance, law, or regulation. 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. 25 (g) Floor Area Ratio Calculations in the Downtown District. In the Downtown District, as defined in the LUCE, ground floor outdoor dining in buildings on private property shall not be included when calculating a project's floor area ratio (FAR) provided the dining area has no more than a 42 inch high barrier surrounding the dining area and is visible from the public right of way. However, such ground floor outdoor dining shall be counted as floor area for all other purposes. (h) Exercise Facilities in the Downtown District. Notwithstanding subsection (a) (1), in the Downtown District, as defined by the LUCE, exercise facilities are a permitted use provided that the exercise facility is less than or equal to 5,000 square feet in size; the exercise facility is a change -of -use in an existing, 100% commercial building; the project site does not share property lines with a residential use; and the project satisfies Zoning Ordinance off - street parking requirements. This provision only applies to properties within the LUCE Downtown District where the Zoning Ordinance currently require a Conditional Use Permit to establish an exercise facility. (i) Outdoor Dining in the LUCE Neighborhood Commercial and Mixed -Use Boulevard Low Districts on Main Street. In the Neighborhood Commercial and Mixed- Use Boulevard Low Districts along Main Street, as defined in the LUCE, ground floor outdoor dining on private property up to 200 square feet in size 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, is visible from the public right -of- way, and immediately adjoins the front property line. Such ground floor outdoor dining shall be counted as floor area for all other purposes except no additional parking shall be required for that outdoor dining area. 26 0) 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. (k) 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. (1) 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. (m) 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. 27 (n) Outdoor Merchandise Display on Private Property in the LUCE Neighborhood Commercial and Mixed -Use Boulevard Low Districts on Main Street. In the Neighborhood Commercial and Mixed -Use Boulevard Low Districts along Main Street, as defined in the LUCE, outdoor merchandise may be displayed on private Property in accordance with the following standards: Number of displays ( Three (3) Location Private property — within covered or uncovered vestibule, arcade or colonnade areas Maximum 60" tall x 60" wide x 36" depth Dimensions Display Types One (1) garment rack permitted (included in total number of displays) Other Restrictions Displays must be removed when business is closed Displays are prohibited in parking lots /areas Displays must not block California Building Code required areas for tenant space /building ingress /egress (o) Establishments with Food Service in the LUCE Neighborhood Commercial and Mixed -Use Boulevard Low Districts on Main Street. All businesses with food service located in the Neighborhood Commercial and Mixed -Use Boulevard Low Districts on Main Street, as defined by the LUCE, that are less than or equal in size to 2,500 SF of floor area and with 49 or seats or less currently defined in SMMC Chapter 9.04 as "restaurants with fortv -nine seats or less ", "fast -food and take -out establishments ", or "retail use with incidental food service" shall be re- classified as a "restaurant, full - service" "restaurant, limited - service and take - out ", or "accessory food service ", depending on their operational characteristics, with a parking requirement of one (1) space per 300 SF of floor area. These establishments shall be considered permitted uses and shall not be subject to the per -block cap on restaurants on Main Street set forth in SMMC Section 9.04.08.28.070 and Paragraph 3 (k) of this Interim Zoninq Ordinance. For the purposes of this Interim Zoning Ordinance the terms "restaurant, full - service" and "restaurant, limit- service and take - out ", and "accessory food service" shall be defined as the following: M Restaurant, Full- Service. Establishments primarily engaging in providing food and beverage services to patrons who order and are served while seated and pay after eating. Take -out service may also be provided. (2) Restaurant, Limited - Service and Take -Out. Establishments primarily engaging in serving prepared food and /or beverages where the food and beverages may be consumed on the premises, taken out, or delivered, but where limited table service is provided. This classification includes cafes, cafeterias, coffee shops, delicatessens, fast -food restaurants, sandwich shops, limited - service pizza parlors, self - service restaurants, and snack bars with indoor or outdoor seating for customers. This classification includes bakeries that have tables for on -site consumption of products. It excludes catering services that do not sell food or beverages for on -site consumption. (3) Accessory Food Service. Establishments where food is located on the same parcel as or within a primary permitted use that is not a restaurant and is clearly incidental to the primary permitted use and complies with the following standards: 29 (i) Maximum Area. The area utilized for on -site consumption of food and beverages, including seating, counter space, or other eating arrangement, shall not occupy fore than 250 square feet of floor area. In addition, the consumption area may not exceed 33 percent of the floor area of the primary on -site use. (ii) Maximum Number of Seats. The number of seats for patrons shall not exceed 20. (iii) Enclosure. The seating area shall be defined by fixed barriers such as full or partial walls, fencing, or planters. (iv) Service. Orders for food or beverages may not be taken from the table but rather must be ordered at a counter. (v) Entrances. To ensure than an accessory food service remains accessory to the primary permitted use of the property, the food service shall not have a separate building entrance from the primary use. NO Parking. The parking requirement for accessory food service shall be based on the parking requirement for the primary permitted use of the property. (p) Additional Regulations for Establishments with Food Service in the LUCE Neighborhood Commercial and Mixed -Use Boulevard Low Districts on Main Street. All restaurants in the Neighborhood Commercial and Mixed -Use Boulevard Low Districts on Main Street, as defined by the LUCE and that exceed 2,500 SF in size or have 50 seats or more shall be subject to a Conditional Use Permit as set forth in SMMC Section 9.04.20.12 and current parking regulations as set forth in SMMC Section 9.04.10.08. 30 (g) Development Standards for Multiple Family Residential Districts (R2, R3, R4) in the Pico Neighborhood and Mid -City Neighborhood. The following development standards pertaining to preferred permitted projects, maximum unit density, and Development Review Permit thresholds pursuant to SMMC Section 9.04.08.06 (Multiple Family Residential Districts), parcel area calculations pursuant to SMMC Section 9.04.10.02.230, and parcel consolidation shall apply to properties in the Low Density Multiple Family Residential District (R2), Medium Density Multiple Family Residential District (R3), and High Density Multiple Family Residential District (R4) in the Pico Neighborhood and Mid -City Neighborhood east of Lincoln Boulevard, south of Santa Monica Boulevard, west of the eastern City boundary at Centinela Avenue, and north of Pico Boulevard as shown on Exhibit "A" to this Interim Zoning Ordinance: (1) The Preferred Permitted Projects specified in the Allowable Land Uses set forth in SMMC Section 9.04.08.06.020 and Table 9.04 -1 shall not apply for the Low Density Multiple Family Residential District (R2), Medium Density Multiple Residential District (R3), and High Density Multiple Family Residential District (R4). (2) The Preferred Permitted Projects Property Development Standards established in SMMC Section 9.04.08.06.020 and Table 9.04 -2 shall not apply for the Low Density Multiple Family Residential District (R2), Medium Density Multiple Residential District (R3), and High Density Multiple Family Residential District (R4). (3) Maximum Unit Density allowed for the R2 District: the lesser of 1 unit per 2,000 SF of parcel area or 4 units total. (4) Maximum Unit Density allowed for the R3 District: the lesser of 1 unit per 1,500 SF of parcel area or 5 units total. 31 (5) Maximum Unit Density allowed for the R4 District: the lesser of 1 unit per 1,250 SF of parcel area or 6 units total. (6) Development Review Permit Thresholds for the R2, R3, R4 Districts: 7.500 SF. (7) Parcel area for residential density calculations and rear yard depth utilizing one -half the alley dimensions pursuant to SMMC Section 9.04.10.02.230 shall not apply to the R2, R3, R4 Districts. (8) Parcels shall not be consolidated nor shall not be tied if such consolidation or lot tie results in a parcel that exceeds 7,500 SF in size. Any parcel that exceeds 7,500 SF in size existinq on the effective date of this Interim Zoning Ordinance shall be a legal, conforming parcel. 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 32 expansion of automobile dealership support areas shall be authorized if undertaken pursuant to subsection (m) of this Section: (a) Maximum Parcel Coverage: 50% of residential parcel area. (b) Maximum Building Height: (1) R2 Zone: 23 feet, excluding four feet of the required parapet. (2) R3 Zone: 28 feet, excluding four feet of the required parapet. (c) Setbacks: public street. (1) A minimum 20 foot setback from the property line adjacent to a (2) A minimum 15 foot setback shall be provided from the property line opposite the street facing property line. Where an alley is present, this distance may be measured from the alley centerline. (3) Except when subsection (c)(2) of this Section applies, a minimum 8 foot setback shall be provided between any above grade structure and a property line that is shared with an adjacent residential property that is not used as part of an automobile dealership. (d) Inventory Storage on Surface Lots. A qualifying lot may be used for surface inventory storage only if the following conditions are met: (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 33 (B) Located within 300 feet of a public transit line that connects the off - street location with the dealership and the dealership provides free bus passes to its employees, or (C) Serviced by a dealership - provided shuttle between the off- street location and the qualifying lot which has been approved by the City's Director of Planning. (2) The displaced parking shall be returned to the qualifying lot if the criteria of subsection (d)(1) are no longer met. (e) Prohibited Uses. No portion of a residentially zoned parcel may be used for auto repair work, rental car use, automobile washing, outdoor display of vehicles, commercial signage, storage tanks, inventory storage on surface lots (except as provided in subsection (d) of this Section), or any other use not specifically identified in this Section 4. (f) Rooftop Parking: Rooftop parking is permitted subject to the special standards set forth in Section 5. (g) Exemption from additional multi - family development standards: Except as set forth or modified herein, the property development standards of Santa Monica Municipal Code Section 9.04.08.06.060 and Santa Monica Municipal Code Section 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 34 automobile storage lot. The CUP shall be subject to the standards set forth in Section 6. The DR Permit shall be subject to Santa Monica Municipal Code Part 9.04.20.14. (i) ARB Review: All new construction, new additions to existing buildings and any other exterior improvements that require issuance of a building permit shall be subject to architectural review pursuant to the provisions of Chapter 9.32 of this Chapter. 0) Design Standards. Parking structures constructed under these provisions shall be subject to the design standards set forth in Section 5. (k) Use to revert to residential: Structures constructed under these provisions on residential parcels without an "A" Off - street Parking Overlay designation shall be permitted to remain only when operated in conjunction with an automobile dealership on the adjacent commercial lot. If the automobile dealership use is abandoned, the parking structure shall be removed or incorporated into a residential project on the residential parcel(s) within 3 years. (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. 35 (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 36 use shall be solid and decorative subject to the approval of the ARB. Openings may be permitted adjacent to a public street or commercially zoned property. (2) Non -skid or other similar surface treatment on both floors and ramps of the parking structure shall be required to prevent tire squeals. This material shall be subject to the review and approval of the Director of Planning and Community Development. (3) Light sources shall be designed to contain direct and diffuse lighting and glare on the subject property. (4) Rooftop parking on parcels that directly abut or are separated by an alley from a residential district is only permitted if the parking structure provides a 6 foot parapet on the side of the parking structure closest to the residential district. This parapet shall be solid and have a surface density of 4 pounds per square foot. (5) In order to minimize noise and air impacts, exhaust vents and other mechanical equipment associated with a parking structure shall be located as far from residential uses as feasible consistent with the Chapter 8 of the Santa Monica Municipal Code. (6) Floor area dedicated to employee and customer parking and vehicle storage shall not apply to refuse and recycling requirements in Santa Monica Municipal Code Section 9.04.10.02.150 and Section 9.04.10.02.151 unless otherwise required by the Director of Environmental and Public Works Management or his /her designee in order to protect the public health, safety, and general welfare. 37 (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. 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 39 minimum two -foot landscape and decorative curb strip, where feasible, shall be provided along the street frontage perimeter of all outdoor vehicle display areas. Landscape materials shall be designed to provide an opaque visual buffer at least twelve inches in height. Applicable setback requirements shall be expanded as necessary to require a minimum five -foot landscaped area adjacent to any abutting residential property not used as part of the dealership operation. Final design treatment shall be subject to review and approval by the Architectural Review Board. All surface parking areas not used for vehicle display shall be subject to the parking lot screening requirements of Santa Monica Municipal Code Part 9.04.10.04. (c) Lighting. All lighting shall comply with Santa Monica Municipal Code Sections 9.04.10.02.270 and 9.04.10.02.280. (d) Loading and Unloading of Vehicles. Loading and unloading of vehicles is permitted only in accordance with this subsection. The dealership operator shall be responsible and liable for any activities of a common carrier, operator, or other person controlling such loading or unloading activities to the extent any such activities violate the provisions of this subsection (d). (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 o submit to the Transportation Management Division for approval a plan that complies with all requirements of this subsection (d) to be included in a form prepared by Transportation Management Division. (e) Storage of Vehicles. No automobile dealership owner, operator, or employee, for any period of time on any public street or alley, shall park or store vehicles for sale, to be repaired, that have been repaired, or that are part of an automobile rental operation associated with the dealership. (f) Repair of Vehicles. The repair and service facility portion of an automobile dealership shall comply with the provisions of Santa Monica Municipal Code Section 9.04.14.050. (g) Queuing of Vehicles. An adequate on -site queuing area for service customers shall be provided. On -site driveways may be used for queuing but may not interfere with access to required parking spaces. Required parking spaces may not double as queuing spaces. (h) Test Driving. Test driving shall not be done on residential streets or alleys. For the purposes of this subsection, streets which are designated by the City as major collector streets shall be permissible areas for test driving. Each dealership operator 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. 21 Existing dealerships shall submit plans to the Transportation Management Division for approval that satisfy the requirements of this subsection if such plans are not already on file. (i) Control of Alley Traffic. Notwithstanding the prohibition of alley use for test driving, each dealership operator shall present to the Transportation Management Division, at the same time of the filing of an application for a permit for a new dealership or substantial remodeling, plans for slowing traffic flow in alleys adjacent to their uses, with the objective of minimizing dangers to pedestrians and neighboring vehicle operations, and of minimizing noise and other environmental incursions into the neighborhood. Such plans shall be designed to limit the maximum speed to fifteen miles per hour and may include measures such as speed bumps or dips, one -way traffic patterns, increased signage, parking and loading prohibitions and similar measures. Q) Circulation. The location of entries and exits from automobile dealerships, automobile centers, and automobile storage lots shall be located as far away from adjacent residential properties as is reasonably feasible and shall be directed to commercial streets and away from residential areas by means of signage and design. The interior circulation system between levels shall be internal to the building and shall not require use of public ways or of externally visible or uncovered ramps, driveways or parking areas. No arrangement shall be permitted which requires vehicles to back into an alley or other public way. Compliance with this subsection (j) shall be subject to review by the Transportation Management Division. (k) Noise Control. 42 (1) There shall be no outdoor loudspeakers. Interior loudspeakers shall produce no more than forty -five dba at a boundary abutting or adjacent to a residential parcel, under normal operating conditions (e.g., with windows open if they are likely to be opened). (2) All noise generating equipment exposed to the exterior shall be muffled with sound absorbing materials to minimize noise impacts on adjacent properties and shall not be operated before eight a.m. or after six p.m. if reasonably likely to cause annoyance to abutting or adjacent residences and shall at all times be in compliance with the City's Noise Ordinance. (3) Rooftop storage areas shall be screened with landscaping and /or noise absorbing materials to minimize noise impacts on adjacent properties. (1) Toxic Storage and Disposal. (1) Gasoline storage tanks shall be constructed and maintained under the same conditions and standards that apply for service stations. (2) There shall be full compliance with the terms and conditions of all applicable federal, state, and local laws relating to the storage and disposal of toxic chemicals and hazardous wastes. (m) Air Quality. (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. 43 (2) All mechanical ventilating equipment shall be directed to top story exhaust vents which face away from abutting or adjacent residential properties. (3) Exhaust systems shall be equipped with appropriate and reasonably available control technology to minimize or eliminate noxious pollutants which would otherwise be emitted. (n) Hours of Operation. Unless otherwise approved by the Planning Commission, if the dealership is within one hundred feet of a residential district, operation of the dealership shall be prohibited between the hours of ten p.m. and seven a.m. (o) Vehicle Stacking Equipment: Vehicle- stacking equipment shall be permitted within parking structures and on surface lots for employee parking and vehicle storage when screened with an eight -foot high solid masonry wall. The wall shall be set back from the property line at least two feet so that a landscaped buffer of up to two feet in width can be provided. Parking spaces in lifts shall not be applicable in calculating a dealership's parking requirement. If the structure is located in an R2, R3 or A lot, the spaces provided on lifts shall not be included in the base used for calculating the required 10 % provision of employee parking spaces. In addition, these spaces shall not count toward fulfilling the 10% employee parking requirement. Vertical spaces above employee parking shall be used for employee parking; spaces above inventory shall be used for inventory. The Planning Commission may reduce the wall height 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. C, (p) Accessory Automobile Rental Agency Requirements. The following special standards shall apply to accessory automobile rental agencies located within automobile dealerships: (1) No more than ten percent of the total interior floor area of the automobile repair or automobile painting facility or a maximum of seven hundred fifty square feet, whichever is less, shall be devoted to the accessory automobile rental agency operation; (2) The accessory automobile rental agency shall only operate during the hours of operation of the automobile repair or automobile painting facility; (3) Vehicles may only be rented to customers of the automobile repair or automobile painting facility; (4) No exterior signage shall be permitted for the accessory automobile rental agency; and (5) The accessory automobile rental agency shall not be advertised or marketed as an independent automobile rental agency. (q) Plan Verificat . 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 45 development project which has not received its discretionary planning entitlements (e.g., development review permit, variance, architectural review permit, conditional use permit) or has not filed any requested extension to these planning entitlements as of March 11, 2011 unless the development project has otherwise obtained a vested right to proceed. Discretionary project applications that were filed prior to the effective date of Ordinance Number 2345 (CCS) and which are subject to its provisions and any extension thereto shall automatically be converted to a development agreement with fees already paid to be applied towards the development agreement deposit. SECTION 8. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 9. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 10. This Ordinance shall be of no further force or effect after July 24, 2015. MEV 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: 4 RSHA t ES MOU ttorn y 47 Exhibit "A" Zoning Amendment of Interim Ordinance 0.... . Amendment of Interim Zoning Ordinance ail.? 0, in ATTACHMENT tic" Excerpt of SNIMC Section 9.04.08.06 (Multiple Family Residential Districts) IE TABLE 0.04.1 LAND USES ALLOWED IN MULTIPLE FAMILY RESIDENTIAL DISTRICTS LAND USE R2 R3 R4 ADDITIONAL LAND USE REGULATIONS Bed and breakfast facilities CUP CUP CUP 9.04.20.12 - Boarding houses CUP CUP CUP 9.04.20.12 904.14_030 Child day care centers CUP CUP CUP 9.04.20.12 Clubs or lodges CUP 9.04.20.1_2 Community care facilities' CUP CUP CUP 9.04.20_.1_2 Congregate housing' P P P Domestic violence shelters' P P P Homeless shelters' CUP CUP 9.04.20.12 Hospice facilities" P P P Hotels, existing as of 1/1195 L L 90408.06 020(a) Hotels with incidental businesses CUP 9.0420.12 9. 04.12_030 Large family day care homes' PSP PSP PSP 9.0420.08 Libraries CUP CUP 9.0420.72 MuNkfamily dwelling units P P P 9.0,4.00.06.020(b) Mufti- family apartments where 25% of the units are 3- bedrooms or larger, 60% of the remaining units are 2 bedrooms P P or larger, and this project is registered P with the USGBC to receive a LEED rating of silver or higher level Municipal parking structures CUP SO4 9_04.14_080 Neighborhood grocery stores CUP CUP CUP 9.04.2012 Offices and meeting rooms for charitable, youth and welfare CUP CUP CUP organizations _9.0420.1_2 One -story accessory buildings over 14 9_.04.08.08.020(c) feet in height or two -story accessary CUP CUP CUP 9.0C10A2.110 buildings up to a maximum height of 24 9,04.14.110 feet 9042012, One -story accessory buildings and 9A4.00A6 020(c) structures up to 14 feet in height P P P 9.04.10.02.100 9 04 08.06 020(c) 904.08.06.020(d) One -story accessory living quarters PSP PSP PSP 904.12.080 9.04.20.08 Places of worship CUP CUP CUP 9.04.20.12 9.04.12.060 Private tennis courts PSP PSP pgp 9.04.20.08 Public parks and playgrounds P P P Residential care facilities' CUP CUP CUP 9.04 20A2 Rest homes CUP CUP CUP 9.04.20.12 Schools CUP CUP CUP 90420.1_2 Senior group housing * P P P Senior housing' P P P Single room occupancy housing P P P Single - family dwellings' P P P 9_.04 08 06 020( e) Small family day care homes P P P Transitional housing' P P P 9 04 08 OB 020(f) Underground parking structures CUP CUP CUP 9042012 Yard sales P P P 9.04,08,06.020(g) * Denotes preferred permitted project per Table 9.04 -2. Additional preferred permitted projects include one hundred percent affordable housing projects and projects that include the retention and preservation of a historic resource and comply with the Secretary of Interior's Standards for the Treatment of Historic Properties. "USGBC" shall mean the United States Green Building Council for certification under the Leadership Energy and Environmental Design Green Building Rating System (LEED). W TABLE 9.04.2 PROPERTY DEVELOPMENT STANDARDS FOR THE R2, R3 AND R4 MULTIPLE FAMILY RESIDENTIAL DISTRICTS ADDITIONAL R2 R3 R4 DEVELOPMENT REGULATIONS Minimum Parcel Dimensions: Area (square feet) 5,000 SF 5,000 SF 5,000 SF 9_.04_.0.8_.0.6_;060 (a) Width (feet) 60 50 50 Length (feet) 100 100 100 3 stories 2 stories 35 feet' 4 stories 9.0408 06:060 (b) Maximum Building Height All others: 23 feet 40 feet 9,04.08.0&060 (i) 2 stories 23 feet Maximum Parcel Coverage (MPC): 50 %" First Story All others: 50% 60% ... _. 9;04.08.06.060 (c) 45 °h 85% of 1 st 90% of 1st Story MPG" 80% of Ist Second Story Story MPG All others: 90% Story MPC 904 86.060 (i) of 1st Story MPC 60% of 1 st Third Story NA Story MPC" 60% of 1st 9;04.08.06:060 (i) All others: Story MPC - --_ -- - NA 50% of 1 st Fourth Story NA NA Story MPC 9,04.08,0.6.060 (1) Coverage 20, or as 20, or as 20, or as established in established in established in the Official the Official the Official the Minimum Front Yard Setback (feet) Districting Districting Map, Map, Map, whichever is whichever is whichever is greater greater greater Minimum Rear Yard Setback (feet) 15 15 15 9.04.10.02.230 Minimum Side Yard Setback (feet) 8 8 8 9.04.08.06.060 (d) 1 11,500 SF' Maximum Unit Density All others: 1/ 1,250 SF' 9.04.08_06.060 (e) (dwelling unit f area) The lesser of All others: 1 / 900 SF 9.04_08.06:060 (f) 112000 SF or 111500 SF 9.04.08.06.060 (i) 4 total Private Open Space: Four or five units 100 SF / Unit 100 SF / Unit 100 SF / Unit 9.04.08.06.060 (g) Six or more units 50 SF / Unit 50 SF / Unit 50 SF / Unit 9.0.4.08.06.060 (g) Development Review Permit Threshold (based on project floor 15,000 SF 22,500 SF 25,000 SF 9:O4;08.06:060 (h) area) 21 ATTACHMENT "D" Proposed Modified Development Standards for Multiple Family Residential Districts in the Pico and Mid -City Neighborhoods Development R2 District R3 District R4 District Standards Eliminate Not applicable Preferred Permitted Eliminate Projects . (SMMC Section 9.04.08.06.020 and Table 9.04 -1) (See Attachment "C" for a complete list) F of Maximum Unit The lesser of: 1 unit p er unit Per SF of -Pero;t P a Density 2,000 SF of parcel area or pal: area (SMMC Section 4 units total The lesser of: 1 unit per The lesser of: 1 unit per 1,250 SF of parcel area or 9.04.08.06.020 and 1,500 SF of parcel area or 6�� units too+t�al Table 9.04 -2) 5 units total Development Review Permit Threshold a -5 080 5 7,500 SF 22,500 SP 7,500 SF / 7,500 SF (SMMC Section 9.04.08.06.020 and Table 9.04 -2) p Fm tte_ Parcel area for residential density Not applicable Not applicable Not applicable calculations and rear yard depth utilizing one -half the alley dimensions (SMMC Section 9.04.10.02.230) Parcel consolidation 5,000 S€ lot si7p, ef 5,90 n ec Not permitted if parcel Not permitted if parcel Not permitted if parcel is > 7,500 SF created is > 7,500 SF created is > 7,500 SF created 22 ATTACHMENT "E" NOTICE OF A PUBLIC HEARING BEFORE THE SANTA MONICA CITY COUNCIL SUBJECT: Ordinance Amending and Extending the Interim Zoning Ordinance APPLICANT: City of Santa Monica LOCATION: Citywide A public hearing will be held by the City Council to consider the following request: Introduce for first reading an ordinance of the City Council of the City of Santa Monica to amend and extend Interim Zoning Ordinance Number 2460 (CCS) to: 1) Expand the allowable outdoor merchandise displays that may be located on private property along Main Street south of Pico Boulevard subject to certain criteria; 2) Re- classify businesses of 2,500 SF or less along Main Street south of Pico Boulevard with a food service component that meet certain criteria as a "restaurant, full-service", "restaurant, limited - service and take -out' or "accessory food service' with a parking requirement of one (1) space per 300 SF of floor area; and 3) Modify development standards applicable to proposed projects in the Multiple Family Residential Districts (R2, R3, R4) in certain areas of the Pico Neighborhood and Mid -City Neighborhood. DATEITIME: TUESDAY, JULY 22, 2014, AT 6:30 P.M. LOCATION: City Council Chambers, Second Floor, Santa Monica City Hall 1685 Main Street, Santa Monica, California HOW TO COMMENT The City of Santa Monica encourages public comment. You may comment at the City Council public hearing, or by writing a letter. Written information will be given to the City Council at the meeting. Address your letters to: City Clerk Re: Interim Zoning Ordinance 1685 Main Street, Room 102 Santa Monica, CA 90401 MORE INFORMATION If you want more information about this project or wish to review the project file, please contact Roxanne Tanemori, Senior Planner, at (310) 458 -8341, or by e-mail at roxanne tanemoriCc7smgov. net. The meeting facility is wheelchair accessible. For disability- related accommodations, please contact (310) 458 -8341 or (310) 458 -8696 TTY at least 72 hours in advance. Every attempt will made to provide the requested accommodation. All written materials are available in alternate format upon request. Santa Monica Big Blue Bus Lines numbered 2, 3, 9 and Rapid 3 serve City Hall. Pursuant to California Government Code Section 65009(b), if this matter is subsequently challenged in the limited to those ae h c tnp in this noti e,o nwrtten oresponden edelveredto the CityofSa taMonca, hearing to, the hearing. 23 ESPANOL Esto es una noticia de una audiencia pOblica para reviser applicaci6nes proponiendo desarrollo en Santa Monica. Si deseas mas informaci6n, favor de Ilamar a Carmen Gutierrez en la Division de Planificaci6n al numero (310) 458 -8341. APPROVED AS TO FORM: Amanda Schachter Planning Manager 24