SR-07-22-2014-7D - 400-04City 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
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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:
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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.
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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
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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.
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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
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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
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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
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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.
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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
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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
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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
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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
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ATTACHMENT "A"
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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.
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(g) The LUCE substantially revises the City's land use policies, goals, and
standards.
(h) The City's planning and zoning regulations are presently under
comprehensive review and revision in order to ensure that such regulations are
consistent with the General Plan as amended and consistent with the public health,
safety, and welfare. This comprehensive revision of the City's Zoning Ordinance is a
substantial project which is crucial to the community's long -term welfare as reflected in
the goals, policies, and standards of the LUCE. Major elements of the comprehensive
revision of the Zoning Ordinance are 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.
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(1) However, this premise underlying the administrative approval process is no
longer applicable given the significant ways in which the LUCE differs from the prior
Land Use and Circulation elements including, but not limited to, the direct linkage
between land use and transportation policies and programs and the establishment of
new development policies and standards which ensure that quality development
contributes to the character of the City.
(m) Additionally, the LUCE establishes a base height for each land use as a
baseline. Proposed development which seeks additional height above the base is
subject to discretionary review and must meet additional requirements consistent with
the community's broader social, environmental, and circulation goals. This approach is
defined in three tiers.
(n) Under the LUCE, Tier 2 and Tier 3 projects must provide community benefits
for the City and the neighborhood. More specifically, a developer seeking to develop a
Tier 2 or Tier 3 project must include certain preferred uses, beneficial project design
features, and provide critical amenities or meet other development standards that
address the community's core needs —it's social, cultural, physical, transportation and
environmental goals.
(o) The LUCE identifies five priority categories of community benefits —new
affordable and workforce housing, GHG emission and congestion reduction, physical
improvements to create connections and open space, social and cultural facilities, and
historic preservation.
(p) The existing Zoning Ordinance does not currently incorporate this tier
structure or establish a mechanism to prioritize and necessitate that projects participate
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in the community benefit tier structure, which is the basis by which much of the LUCE
vision, goals, and policies will be achieved.
(q) Additionally, the LUCE establishes 17 distinct land use designations. One of
these land use designations is the Downtown Core. The purpose of this designation is
to maintain and enhance the downtown area as the heart of the City and as a thriving,
mixed use urban environment. Unlike the other land use designations, the LUCE does
not establish new height and FAR development parameters, but instead provides that
the height and FAR along with other development standards shall be determined
through a specific plan process.
(r) At the time the initial interim ordinance was adopted, there were
approximately 700,000 square feet of administrative and development review projects,
not including development agreements, pending planning review. Of the 700,000
square feet, approximately 500,000 square feet was located within the Downtown Core.
Approximately half of the projects in the Downtown Core were Administrative Approvals
that did not require public review and need only comply with objective standards in the
existing Zoning Ordinance. Within the Downtown, bringing forward approximately
200,000 square feet of new development outside of the development agreement
process before the completion of the Downtown Specific Plan meant that nearly a
quarter of the growth anticipated in the Downtown could be constructed inconsistent
with the yet to be adopted Specific Plan. The Downtown Specific Plan will include a
circulation framework that will address the integration of Expo light rail into the
Downtown system, freeway access, direct parking structure access, and congestion;
establishing the foundation for future land use and transportation decisions. If these
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Administrative Approvals had proceeded in a piecemeal fashion without these
components, it would have undermined the community vision set forth in the Downtown
District goals and policies, as well as the Downtown Specific Plan process underway
and would have detrimentally affected the City's ability to implement LUCE goals and
policies, particularly with respect to: providing open spaces, trip reduction, coordinating
with adjacent sites, congestion management, and achieving community goals through
community benefits and quality urban design.
(s) Additionally, transit - oriented districts in the City's transitioning industrial areas
are not reflected in the current zoning ordinance, which allows uses that would now be
considered undesirable and inconsistent with the LUCE.
(t) Pending completion of the comprehensive update to the Zoning Ordinance, it
is essential that development be consistent with the General Plan so that the goals and
values of the community, as reflected in the LUCE, are not significantly undercut.
Adjusting the development standards as provided in this Ordinance will ensure that the
quality of life, the environment, the ability to move around the City, and the efficacy of
the ongoing planning process are preserved.
(u) Adoption of this ordinance would not prohibit any development, but would
instead provide an alternate process by which development is reviewed and approved
so as to ensure consistency with and appropriate implementation of the LUCE.
(v) Adoption of this ordinance would also not materially alter the City's
substantial incentives for residential or mixed use development in non - residential zoning
districts. These incentives would be preserved in local law and policy. For example,
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residential development in all of the City's commercial districts would remain authorized.
Thus, residential development could still occur in over 80% of the City.
(w) After the adoption of the initial interim ordinance, issues were raised relating
to the processing of projects that were in the pipeline prior to the effective date of the
initial interim ordinance which require the City to expeditiously consider and adjust the
applicability provisions of the interim ordinance to ensure fairness to project applicants
while preserving the City's ability to effectuate the goals and policies of the LUCE.
(x) After the interim ordinance was extended on April 26, 2011, it became
apparent that allowing two restaurants per block on the east side of Main Street north of
Ocean Park Boulevard will promote the general welfare by encouraging additional
investment in that neighborhood and strengthening the connection between Main Street
and the Civic Center.
(y) As detailed above and in the LUCE, the City's downtown is a thriving, mixed-
use urban environment for people to live, work, be entertained, and be culturally
enriched.
(z) This area has the greatest concentration of activity in the City, anchored by
the core commercial district, including the Third Street Promenade and Santa Monica
Place.
(aa) The City's publically owned parking structures in the BSC -2 and C3 -C zone
districts are essential to a vibrant, economically viable downtown area, providing
parking for the offices, restaurants, theaters, and residences.
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(bb) The vast majority of the City's residents regularly visit downtown and use its
parking resources.
(cc) The importance of the City's publically -owned parking infrastructure in the
City's downtown is reflected in the numerous studies and reports over the past dozen
years, including but not limited to the 2000 Downtown Parking Management Program,
the 2002 Downtown Parking Task Force strategic plan, the 2006 Downtown Parking
Program, and the 2009 Walker Parking Study.
(dd) These centrally located parking structures enable their users to park once
and then walk to multiple destinations.
(ee) This "Park Once" philosophy contributes to the Downtown's pedestrian
character and is a major underpinning of its success.
(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.
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(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.
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(oo) More specifically, Goal E8 of the LUCE states: "Allow for the expansion and
improved performance of automobile dealers in Santa Monica, recognizing their
contribution to the local economy and the revenue base of the General Fund." Further,
LUCE Policy E8.3 states: "Allow automobile dealers to reasonably expand in their
current locations and otherwise respond to likely global changes in the automobile
industry as long as their redevelopment is in the urban auto dealership format and
incorporates mitigations to reduce any negative impacts on the surrounding residential
and nonresidential uses. The expansion may occur on existing parcels used for
automobile dealerships and on adjacent or proximate parcels."
(pp) Auto dealerships are important to the economic vitality of the City, and
readopting, with modification, certain of the auto dealership interim ordinance provisions
would encourage the retention of these dealerships by enabling these dealerships to
expand and modernize their operations in order to remain competitive in the industry
while ensuring that changes or improvements made on existing automobile dealer lots
are sensitive to and in keeping with the character of adjacent residential areas.
(qq) The dissolution of the City's Redevelopment Agency and the associated
loss of the City's primary funding source for affordable housing have significantly
impacted the City's ability to produce housing for the lowest household income
categories. Historically, the City's Housing Division invested approximately $15 million
of Housing Trust Funds annually to finance affordable housing through loans and grants
to non - profit housing developers. With the dissolution of redevelopment, the majority of
the Housing Trust Funds' dollars, as well as the City's ability to leverage these monies
with outside funding has been eliminated.
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(rr) The LUCE identifies the production of affordable housing as one of the City's
highest priorities and many of the LUCE policies are targeted at the production of
affordable housing. For instance, LUCE Policy H1.2 provides that the City should
"maintain programs to require and encourage the production of affordable housing for
very low -, low- and moderate income households," "seek additional opportunities to
increase the percentage of affordable housing as a component of for -sale and qualifying
rental residential and mixed -use housing projects," and "incentivize affordable housing
projects." LUCE Policy H1.3 provides that the City should "incentivize the creation of
new affordable housing opportunities."
(ss) The City is in the process of updating its Housing Element. The City's
Regional Housing Needs Assessment (RHNA) includes four hundred twenty -eight (428)
very low income housing units and two hundred sixty -three (263) low income housing
units.
(tt) The loss of redevelopment monies and the City's future affordable housing
goals as reflected in the RHNA necessitates that the City strengthen its incentives for
the production of housing which provide a greater mix in housing affordability levels and
address the City's need for low, very low and extremely low affordable housing units.
The proposed revision to the standards for the ministerial processing of 100%
affordable housing projects of 50 or fewer units directly addresses this effort.
(uu) Encouraging ground floor outdoor dining is an important goal expressed in
the LUCE. Excluding such dining from the calculation of floor area ratio can help
incentivize this use and create opportunities for adaptive reuse in existing structures
that would not presently be possible. Such ground floor outdoor dining does not
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contribute to a building's mass and density, and therefore its exclusion from FAR is
appropriate. However, ground floor outdoor dining would still be considered floor area
so that its potential impacts on such areas as parking and traffic would still be
calculated.
(vv) The Bergamot Area Plan has been adopted to provide both the goals and
policies of the General Plan Land Use and Circulation Element for that geographic area
and to provide area - specific development standards that will apply to create a new
transit - oriented neighborhood in proximity to the Exposition Line Bergamot Station. The
Plan's provisions are comprehensive, and in order to ensure the intended outcomes, the
Bergamot Area Plan requires that all projects be consistent with its policies, guidelines,
and development standards. In order to ensure proper implementation of the Plan as
intended, amendment of the Interim Zoning Ordinance is necessary so that in cases of
conflict between the Bergamot Area Plan and Zoning Ordinance pertaining to any
development standard for a Tier 1 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
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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.
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(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
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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
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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.
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(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
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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
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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.
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(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.
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(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.
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(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.
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(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.
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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.
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(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:
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(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.
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(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.
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(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
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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
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(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.
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(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.
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(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
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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.
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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.
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(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.
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(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