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SR-05-05-2015-7B 404-004 / 400-001-10To: Mayor and City Council From: David Martin, Director, Planning and Community Development Subject: Supplemental Report Transmitting Revised Attachments A, B, and C for Items 6 -A and 7 -13 for the May 5, 2015 City Council Meeting Executive Summary Subsequent to the release of the May 5 2015 City Council staff report, revisions have been made to the following Attachments based on further staff review and analysis and public input: A. List of Changes to the Draft Zoning Ordinance as Preliminarily Recommended by City Council on April 15, 2015 B. List of Proposed Clerical Corrections /Clarifications to Draft Zoning Ordinance and Land Use and Zoning Related Provisions C. Draft Official Districting Map The revised versions of these documents are attached to this staff report. Discussion On April 14 and 15, 2015, Council conducted a study session to discuss an update of the City's Zoning Ordinance, proposed Land Use and Circulation Element amendments, the draft Official Districting Map, the draft LUCE Land Use Designation Map, and the Negative Declaration. The Council gave preliminary direction to City staff related to a variety of issues which are addressed in the May 5 2015 City Council staff report. Further staff review and analysis, along with public input, has identified several revisions and corrections that may be appropriate to Attachments A, B, and C of the staff report. These revisions and corrections are identified below. Attachment A — List of Changes to the Draft Zoning Ordinance as Preliminarily Recommended by City Council on April 15, 2015 Minor corrections and clarifications have been made to Attachment A: #4 — A clarification was made to criteria (3). #6— A clarification was made to note (19). 1 #14— A clarification was made to a chapter reference and an unnecessary term was deleted. #17 — Language was added to clarify additional areas where the Mixed Use Transportation District parking standards would not apply. Figure 9.28.050 mapping the Mixed Use Transportation District and Vicinity of High Quality Transit areas was also added. #24 — A correction was made to a section reference. #29 — Language was added to clarify additional areas where the Mixed Use Transportation District parking standards would not apply. Attachment B — List of Proposed Clerical Corrections /Clarifications to Draft Zoning Ordinance and Land Use and Zoning Related Provisions Additional clerical corrections and clarifications were made and added to Attachment B: #2 — A correction was made to change the "adoption" date to the "effective" date of this Ordinance. #32 through #43 — These have been added as new clerical corrections and clarifications. Attachment C — Draft Official Districting Map Several parcels have been identified on the Draft Official Districting Map that are inconsistent with their corresponding land use designations on the Draft LUCE Land Use Designation Map. These parcels are identified in the table below along with the proposed districting designation corrections. These mapping errors are proposed to be corrected so that the Draft Districting Map will be consistent with the LUCE Map and the existing zoning for these parcels. ADDRESS LUCE MAP DESIGNATION DRAFT DISTRICTING MAP DESIGNATION CORRECTION 70 DRAFT " DISTRICTING MAP DESIGNATION 1171 Franklin St Low Density Housing MUB Changed to R2 1172 Centinela Ave Low Density Housing MUB Changed to R2 1173 Centinela Ave Low Density Housing MUB Changed to R2 1171 Stanford St Low Density Housing MUB Changed to R2 1211 Berkeley St Low Density Housing MUB Changed to R2 1165 Centinela Ave Single Family Housing R2 Changed to R1 1166 Centinela Ave Single Family Housing R2 Changed to R1 1165 Franklin St Single Family Housing R2 Changed to R1 3021 Wilshire Blvd MUB (existing for front portion of parcel) /Low Density Housing (proposed for rear portion of parcel) R2 Changed front portion to MUB / Rear portion remains R2 1420 Wilshire Blvd MUB (existing for front portion of parcel) /HMU (proposed for rear portion of parcel) MUB Front portion remains MUB /Rear portion changed to HMU E Staff will be available for further discussion of these changes and additions at the May 5, 2015 Council meeting. Prepared by: Amanda Schachter, Planning Manager Barry A. Rosenbaum, Senior Land Use Attorney Bradley J. Misner, AICP, Principal Planner Tony Kim, Acting Special Projects Manager • .- David Martin Elaine Polachek Director, Planning & Community Interim City Manager Development Attachments A. List of Changes to the Draft Zoning Ordinance as Preliminarily Recommended by City Council on April 15, 2015 (Revised) B. List of Proposed Clerical Corrections /Clarifications to Draft Zoning .Ordinance and Land Use and Zoning Related Provisions (Revised) C. Draft Official Districting Map (Revised) 3 DRAFT ZONING ORDINANCE List of Changes to Draft Zoning Ordinance as Preliminarily Recommended by City Council on April 15, 2015 Modify the following language in Section 9.04.110(A) - Determining Parcel Frontage [p.1.241 Cornet Parcel, 'T- txe- fry-„„ -,.c 1,- ,rmse? -is- tire -s, newest ,too- Frf- tis�psnfe}y:}3 -;F;b_ For corner parcels wltk- equal- s}reer-ft nt ! dtsaemtissar, the front of the parcel is the street frontage that is consistent with the prevailing street frontage orientations along the block where the corner parcel is located. 2.. Modify the following language in Table 9.07.020 - Land Use Regulations RI Single -Unit Residential Districts [p. 2.4] Use Classification R1 Additional Regulations Transitional Housing P Adult Day Care CUP Child Care and Early Cducation Facilliy CUP Section 9.31.120 Child Care and Early Education Facilities Bed and Breakfast CUP Within Designated Landmarks only. Section 9.31.090, Bed and Breakfasts Modify the following language in Table 9.08.020 - Land Use Regulations -Multi -Unit Residential Districts [p. 2.18] Use Classification ' far uses lvithin specified areas; see 9.08.030(A) R2 ` R3 "' R4 ` Additional Regulations' Within Designated Bed and Breakfast CUP CUP CUP o Landmarks nly. Section 9.31.090, Bed and Breakfasts Modify the following language in Section 9.08.030P - Development Standards [p. 2.28] Courtyards. Parcels having a xvidth greater than ninety-nine feet and located in the R2, R3, or R4 District shall provide a courtyard eenfered on the lot. Courtyards shall comply Nvith the following design criteria: I. Courtyards shall be no less than ten percent of the total lot area and rAus+-b -Jl iced -tc> aeergannsedxie- an- f,n..,t -in no case less than one thousand square feet with a minimum width and lens of eighteen feet measured parallel to the front and side parcel lines. Required setback area shall not count toward the minimum width and lencth or one thousand square foot requirement. 2. Courtyards shall be open to the sky, but may include permitted projections set forth in Section 9.21.110 for side yard projections. L�errtys: xzk ,- ,11- b�- vst}3k'nd- a�...,;;o,., fvo,ddeswal}-rzrnl exc- }rgxml-- fk�<7�,�n't� If mechanical or utility equipment is placed in the courtyard, it shall be screened visually and acoustically and shall not encroach into the minimum courtyard area. the width of the onem,'nv. 5. At least 50% of courtyard areas shall be planted pursuant to Sections 9 26.000 and 9.26.070 Planting 6 'Phe mai< city of primary entrauces to a dround flo L nits shah be accessed from the street fronta _ e or courtyard. 5. Modify the following language in Table 9.09.020 - Land Use Regulations -Ocean Park Neighborhood Districts [p. 2.33] Use Classification Y' Opt OPD OP2 OP3 OP4 , Additional Regulations , Adult Day Care -CUP CUP CUP CUP CUP GC Child Care and Early (Ocean Standard ! MUBL Section 9.31.120, Child Education Facility -CUP CUP CUP CUP CUP Care and Early Blvd) Ptco ' street) Education Facilities Regulations Blvd) Within Designated Montana Landmarks only. Bed and Breakfast - - CUP CUP CUP Section Maximum Building Height (stories /ft.) 9.04.050, Measuring Hei ht Section 9.31.090, Bed No limit and Breakfasts 6. Modify the following language in Table 9,11.020 - Land Use Regulations - Commercial and Mixed -Use Corridor Districts [p. 2.491 Specific Limitations (19) No individual tenant space in the MUBL, MUB, and GC Districts shall occupy more than 45000 12,500 square feet of floor area and /or exceed 75 linear feet of ground floor street frontage requires without the approval of a Conditional Use Permit. (21) Permitted if within buildings existing as of the date this Ordinance is effective. All new construction, includine new additions of 50% or more additional square footage to an existing building at any one time or incrementally, after the effective date of this Ordinance. requires approval of a Conditional Use Permit. Modify the following language in Table 9.11.030 - Development Standards - Commercial and Mixed -Use Corridor Districts [p. 2.51] Modify the following language in Section 9.11.030(A) - Development Standards [p. 2.541 Active Commercial Design. The ground -floor street frontage of buildings on commercial boulevards shall be designed to accommodate commercial uses and activities, subject to the following: 9. Modify the following language in Section 9.14.030(A) - Development Standards [p. 2.75] Active Commercial Design. The ground -floor street frontage of buildings on commercial boulevards intended to accommodate commercial uses and activities shall be subject to the following: NC GO (Santa GC (Ocean Standard ! MUBL MUB Monica (Irncoln NC NC (Main Park Additional Blvd) Ptco ' street) Blvd &, Regulations Blvd) Montana Ave Section Maximum Building Height (stories /ft.) 9.04.050, Measuring Hei ht No limit Chapter 100% No limit No limit to No limit - No limit 9.04, Affordable No limit to to No limit to to stories /35 to to Affordable Housing stories /47' stories/ stories /35' stories/ 32'; 40', stories /339 stories/ Housing Projects 55' 40', on Pico 32' 3532' Production Blvd only Program Modify the following language in Section 9.11.030(A) - Development Standards [p. 2.541 Active Commercial Design. The ground -floor street frontage of buildings on commercial boulevards shall be designed to accommodate commercial uses and activities, subject to the following: 9. Modify the following language in Section 9.14.030(A) - Development Standards [p. 2.75] Active Commercial Design. The ground -floor street frontage of buildings on commercial boulevards intended to accommodate commercial uses and activities shall be subject to the following: 10. Modify the following language in Table 9.15.020 - Land Use Regulations- Oceanfront District [p. 2.721 Use iClassification OF Additional Regulations Bed and Breakfast CUP Within Designated Landmarks only. Section 9.31.090, Bed and Breakfasts 11. Modify the following language in Section 9.21.020(D) - Accessory Buildings over One Story or 14 Feet in Residential Districts [p. 3.5] Maximum Building Height. The accessory building kidding ecd- in- oo -e.3ec shall not exceed two stories or 24 feet in height. 12. Modify the following language in Section 9.21.030(B) - Development on Multiple Parcels [p. 3.6] Except for 100% Affordable Housing projects, no multi -unit residentially zoned parcels shall be combined in ownership, or enlarged in size in any manner, so that: 1. The combined parcels contain an area greater than 7,500 square feet in size. Any parcel that exceeds 7,500 square feet in size existing on the effective date of this Zoning Ordinance shall be a legal, conforming parcel. In the Ocean Park Multi -Und Neighborhood Districts fhe Combine d ecete co ttin an area *seater than 5006 s<uare feet or the combined parccV width exceeds 50 feet. In the Ocean Park Multi -Unit Neighborhood Districts any parcel that exceeds 5 000 square feet in Sa7e or 50 feet in width existing g on the effective date of this Zoning Ordinance ,hail be a le,,al. confomrm, narcel. 2. The parcel fails to comply with any other requirement of this Chapter 13. Modify the following language in Section 9.21.200 - Residential Uses on Commercial Parcels Adjacent to Residential Districts [p. 3.22] D. Notwithstanding subs ections (A) and B if the residential use becomes a commercial use the standards of this Section shall no longer ipply 14. Modify the following language in Section 9.23.030(A) - Qualifying Benefits [p. 3.341 Af € esdiable- ]Flousing. All Tier 2 projects must meet the following requirements: I. AjjordnG /e Hoxreiug. Applicants proposing residential and mixed -use projects shall incorporate the following: a. At least 50 percent more affordable housing units than would be required pursuant to Section 9.64.050. b. On -site affordable housing units shall be affordable to 30 %, 50 %, or 80% income households depending on the percentage of affordable units being provided and, subject to {cT'i��..�'-- (�)-„f this subsection A-,, shall comply with all provisions of the =P-R ha ter 2 04, including unit size and- ie. The additional affordable housing units provided pursuant to this subsection (A)fly shall meet the same requirements as the affordable housing units required pursuant to Section 9.64.050. None of the affordable housing units provided pursuant to this subsection (A)44} shall include Moderate Income units, as defined by Section 9.64.020. C. Affordable housing units required by this subsection (A) f1 may be provided offsite, pursuant to Section 9.64.060, if the affordable housing units are owned in whole or part and operated by a non - profit housing provider for the life of the project, and the Certificate of Occupancy for the affordable units is issued prior to or concurrently with the Tier 2 project. 4._ .`.Ermore tha n 29- 13e+eerN -r>€ H7ra- aa:a;= ,er -e+€u r ,,., -,_e eleff„ -,. da- +r.;e -lr =eject ;;l3sxll�ie�,'Radirr- urats- E. `+4e air- G- p -pr 114 -4rs4 i-ge- ttrFr-Fretkr' ni- 1- E4�- hedr-or4n3 -u,ui 2. Uri_Alix At2_lwants_pro >o sin >residgi -Land —wed -use proiects shall ineormaitte the followina: 11, For affordable hou�sine units: 'I he average number-of bedrooms for all of the affordable housing-unit,, all beat least 1 edroom units :hall count as zero bedrooms. b,� For all remainin u� tarts: L At least 10 itegcent of the reirtaining units shall be three- bedroom units, ii. va eraee number of bedrooms for all o_r the temaininunits shall be of lea3(,1�_ For wTosec of eatcw1adnn this tvetace ant units with more than three bedrooms shall count as havin[r three bedow rns. - C. The Director ma rant a waiver from this unit tnie requirement sursp��t to tiie requirements and pL0 ce ur s for Waivers in Cha ter ms M <tigallon Fe' Applicants proposing non - residential and mixed rest projects shall pay a housing mitigation fee 14 percent above the base fee as required by Chapter 9.68, Affordable Housing Fee for Commercial Development Program for that portion of the floor area above the maximum Tier 1 floor area allowed by this Ordinance. 15. Modify the following language in Section 9.23.030(C) - Qualifying Benefits [p. 3.34] Open Space. All Tier 2 Projects shall either pay an additional Open Space Fee (OSF) 14 percent above the base fee required by Chapter 9.67, Open Space Fee Program, for that portion of the floor area above the maximum Tier 1 floor area allowed by this Ordinance, or provide publicly accessible open space that complies with the following requirements. 1. Minimum area: 41-5,4300 -7 500 square feet of usable space. 16. Modify the following language in Section 9.28.040(A)(5) - Calculating Off Street Parking and Loading Spaces [p. 3.661 b. Maxim um Amount ofParlong. The maximum allowable amount of parking shall be two spaces or 5 %, more, whichever is greater, than the quantities specified in Section 9.28.060, except for permanently public parking. In order to obtain approval for permanently public parking in excess of these maximum allowable amounts, a Conditional Use Permit approved by the Planning Commission shall be required pursuant to Chapter 9.41, subject to the following additional required findings: (1) Parking provided in excess ;series - erode— cved-uxw -isi- the -a a;- i:r- rpen -- Fake- puHlie -zrm4 improves the pedestrian, transit, and bicycle network; 17. Modify the following language in Section 9.28.050 - Parking Requirements by Zoning District [p. 3.671 To implement the parking policies of the General Plan, Zoning Districts parkins, eequuenents for those areas in the mediate vichim, of high quads, transit stations or stops and the Memorial Park Specific Plan area differ eot , >ood 4c Figure 9 y8 050 desi *Hate: which areas constitute the Mixed Use Trans ortstion District as referenced in Table 9.28.060, which lists the off -street parking requirements for eaehk , - arx,- ,.:�c- atiotirin -each of+h on District and all other areas Citvavide (Excluding the Mixed Use Transportation District Downtown Specific Plan area and Bergamot k ea Plan area). dff@@f- (c'H�N41�10gS so^.^.•,•�y ^�^�;5� -Pv}i red- k��- raRepec#a#i @R- 9istrimt& 0Ri* st?- Nse-$ Gael svar�N4sAira- 9oelew:fA- ksm- 6ipemlR $ aWe` daFd- #e- '14a,�ta€sEa+i9- 3raa�lh °i �n- �� -.�,n ,o°,,S{�te5 saatki- 61dm�Bimr2 (#e- fk`ieRklc- S{OH}i?B��I{L e1- I6 -Si9W& F#leld $aAlevarfl- soaki�- side; 1+' ��lfeeY�eatkre�8lyra��is- 43tWa� eas@ side- A4' a: �aR#a- PAeaisaa�malevard -#rem 22`d keef- fe-@ asteu3- sikyJirzai#- BFeadwa� /- €reta�- .'taso4a- SewY -ke ;?p "'- $4reeE; 6@ 4arado-AueRUeireml+RSelfaGea# -ie alcived+ecld Boulevard 9lympis- B@ a} svarAira�- '4fi'h- �#ceet- 4@- 1- z",�leeet; Y- ice- 89eleaard- fra+ u# eil�., eR�A/ ay- feeas?erasiEy- +im+#- iRS4ediag auras- ae# 7a� &FA;as1Re- and- �cr.+rz��tce ®& 2ar74s -aa pa@ rr :- aarea- d3esRded- F�eaaa- AveRt�; >✓ al+# wRia- Rverwe�ta^ .�;,�°,^,�.evaFd- aaRta- G,1eRi@a $ ot+ levard;- 6® r+ NRe!!..-, Y...�e.,wseaAFarlF€Ioakwardaat# # Ae- a+ ea-t 3eaAded- yy- {da}r+$4reet�oelerado- AVeHee; 4'"�iree4; and- P@e-$e4e -- � RiR5t6R ^ow.: 2169-@ ek3i @43fd- #rOPo��iR6E}EP$Olfi2Va{d ieaathc�k@2F �iR68lR $9t3�@Y3fd�rAm �3HlaMBNl63- �ie2w3Y -#@ 2iiE- f�9a�2V3id� aaA .....�,:,d@FYf9Fp ✓= Mf>01N�8a2- 19i9�'- diFCE1 FdePgespeed- Cetnn;:; ^ > ^�,�;. -: ^lympic- $muleYard- drmm -th�x �lKe2l- ie- iG�- o. �r,- - 16@- @ @a�@Vafd- #f9m- MaIR-�9af{�A f�mlii#Rei2- �i'V..iv ^. P';mrt�A- #R3m�NE{�#fm9# -t9�[h Ma1R� Bergamot -Spasi##6 -RlaR MsttTIM D9wotown- Spe69#i --Man Dfst?ist Meadih6a a- .,mandedbya4`"- GaRq- Wiishi� $ ealeuar> i�k�" �ea#and�aa#a- McRisa- @ea4eva•'� ^na.Qn,l� beivreeR -38 "4aaA- 4s4im-$ert,e�14 c- Bmadway- @662 'ana. -3r23 -boa d4p} -a d4AG14d4R9 -Sa M8f1163- P- IC'F- 86228- FFYB- h @iW@€!� $aR#a- (VlOni6a- FleF- and$a� FrkC°# �- �2}- 0�@@ �@# w.. 3;T.�wd„T..mAe@- BAd- 86@clY2F9F{ walk-, nd ?@- r361G6- B6eaA: kae} as4x# a�fisRServatierA- ar�a9ast- oL!- iASelR�9ark�eati�e# Golerade- Pxelaae- west- af�tewa, ,�.,.�,,�.,�- .,.e��- dRStitm4i r4aNs- fands:- arcxa- beaAdcd- by- AAaiA- �treet; 94ympis- DFivm�lASe4R�ea1 ®...,�, ..:- �„a- AveRae�ade SEreet�tewar�a (reef- artd�sea�� ark- Bealev2rd- 9#it eFfaeld- Bea! @aaui- Rert#@f 9lywrpis-$ ealevard�ea tq- ef- Breackavey -and- west -ef SESwart street- A4 FIGURE 9.28.050: MZX.ED USE T'RAN9PDRTATION DISTRICT AIiiD i7ICINITY OF HLGI -I DUALITY TRANSIT 18. Modify the following language in Section 9.31.040(D) —Alcoholic Beverage Sales [p.3.111] Alcohol Exemption Zoning Conformance Permit. I and frill- service restaurants that offer alcoholic beverages incidental to meal service shall be exempt from the provisions of the Conditional Use Permit requirement of Subsection (C) of this Section if such a permit is approved in writing by the Director and if the applicant agrees in writing to comply with all of the following criteria and conditions: 4a. The primary use of the premises shall be for sit down meat service to patrons.- Aleehol -shell sre- >N3e- ,esi�ed -Eer- leer; +ran- except- thc,sy�,�trnsnrzg- €csnd- 444. ;i4rdasrc3r>i;- r;- perrntt- red— Entextainrnent may only be permitted in the manner set forth in Section 9.31.290, Restaurants with Entertainment. 2___ With esnect to the Direct'or's dew for Alcohol Exemption /,on1ne osiformance Permits for resnusnmts with over 50 seas within two business da s from the date when the deter-rn�lation has been irrade concerning tie application and p sted the Cins's website the Director shall nansmit the Statement of Official Action to the applicant at the address shown on the at tication and to all Dro wrty owners and residential and commercial tenants within a radius of 750 feet from the exterior boundari he a licant or any gropers, owners and residential and commercial tenants within a radius of 750 feet from the estexior boundaries of the properth involved in the application may anneal the decision fc the Planning Commission following the procedures set forth in Section 9.37.130(B -Dl and subject to the fmdin >s of Section 9 31 0400 19. Modify the following language in Section 9.31.070(C) — Automobile /Vehicle Sales, Leasing, and Storage [p. 3.120] Development Standards. Automobile /Vehicle Sales and Leasing and Automobile Storage uses shall comply with the development standards— including but not limited to maximum height, maximum FAR, and minimum setbacks —for the respective District or Districts in which they are located. If the development standards for the respective District or Districts conflict with the standards included in this Section, the standards of this Section 9.31.070 shall apply. The following development standards apply to Automobile /Vehicle Sales and Leasing and Automobile Storage uses: 3. FAR. A Tier 1 expansion of an existing auto dealer facility shall be allowed an additional .25 FAR above the maximum 'Fier 1 limit - 34. Special Rules for FAR Calculation. Below -grade auto dealer facilities shall not be counted toward floor area in the calculation of FAR. Areas devoted to rooftop parking/ automobile storage shall be discounted by 50 percent. .5. Develo urenP Review. A Develo. went Review Permit shall be required for any expansion exceeding 25,000 square feet of an existing auto dealer facil4v within the Tier 1 maximum limits. 46. Transition Requirements Adjacent to Residential Districts. Where an Automobile /Vehicle Sales and Leasing Use is adjacent to a Residential District [except for Qualifying Parcels as defined in Subsection (D)], the following standards apply. . 20. Modify the following language in Section 931.120(C) — Child Care and Early Education Facilities [p. 3.132] Organized Outdoor Activities — Hours. If the Child Care and Early Education Facility is located within or adjacent to a Residential District, or adjacent to a residential use, organized outdoor activities shall be limited to the hours of 8:00 a.m. to 68:00 p.m. or sunset whichever cones first on weekdays and 9:00 a.m. to 48:00 p.m. or sunset whichever comes htst on weekends. 21. Modify the following language in Section 9.31.140(C) — Family Day Care, Large [p. 3.134] Hours of Operation. Large Family Day Cares shall not be limited in hours or days of operation. No outdoor play is allowed before 8:00 a.m. or after 48:00 p.m. or sunset whichever comes Firm on weekdays and 9:00 a.m. to 48:00 p.m. or sunset, whichever comes first, on weekends. 22. Modify the following language in Section 9.31.185(C) — Medical Marijuana Dispensaries [p. 3.1411 Number and Location. A maximum of 2 Medical Marijuana Dispensaries no larger than 2,500 square feet shall be permitted. Medical Marijuana Dispensaries are prohibited within 600 feet. of a Child Care and Early Education or Family Day Care Facility, park, school, library, ti- Social Service Center,_ or other Medi sjl Alai ana Dispens =. The distance shall be established on the date of application for the Conditional Use Permit, 23. Modify the following language in Section 9.31.290(A) — Restaurants with Entertainment [p. 3.152] Restaurants may provide entertainment including but not limited to music, DJs, song, dance, stand -up comedy, and poetry readings for the patrons' enjoyment if they meet the following standards. 2. There is no aermanant or Lwmp )eoj -d ricifry e dance floor or dance area for patrons. 24. - Modify the following language in Section 9.40.020(A) — Applicability [p. 4.19] Except as provided in subsection (B), a Development Review Permit approved by the Planning Commission shall be required prior to issuance of any building permit for the development if any of the following: 1. Any project that exceeds Tier 1 maximum limits; 2. All new construction and new additions to existing buildings of more than 10,000 square feet of floor area located in Residential Districts or more than 7,500 square feet of floor area in Neighborhood Commercial and Oceanfront Districts; 3. All new construction and new additions to existing buildings of more than 15,000 square feet of floor area located in Nonresidential Districts not specified in subsection (A)(2); 4. Nohvithstanding (A)(3) above, all new construction of more than 30,000 square feet of floor area of a development project containing no more than 15% commercial floor area located in Nonresidential Districts not specified in subsection (A)(2) 5. Nonvithseandine tAl(2 -q) ahr ve and until the adopti -n f Pi c �t 'ghborh>>a P�n al' ne construction and new additions to exist{nn buildings of more than 7.500 square feet of door area located in the Pico Neighhorho �d tixea FIGURE 9.40.020(A,): PICO NEIGHBORHOOD AREA �S! P691 f�� PE �I I"�'� Ill11 �I i I i II III�1# E&II�ii1 I B t i 11 I I I ��I 1� 16; III III !IIII�I�pI - = i I!RIIII 111 II � II 1 II IIIIIIII :— ` "- n n In1� room �nm Imnnm r � ! IIIIIIII ,R1 ■ I m°4 I __ II = I flu ■I� II II IIII 11111 II ! l e III 11 ®L:I I I INII® k I I I � I I II' I III11 111 1 II II I I 1111?; -' •. 111 1 I1 f£ "" BPK I •11111 X111 I III $ Y � E 111 "I1 If! • 91111 I t._1 � �� ^�v: .II' "�. IIII 14 1-`` a WIc, aaeoat 25. Modify the following language in Section 9.43.050 — Applicability: Fence, Wall, and Hedge Height Modifications [p. 4.29] C. Re istered E -isti No •n for i Fen •es Walls a d H d es Diseretionary Procedure. An increased maximum height of registered existing nonconforming fences walla, and heQes pursnlnt to Section 9 21 0508) up m 70% above the height of the registered fence wall or hedge my be rg a ced subi •c.t to th procedures and applica6on requirements specified m Sccuon 9.43.080 Procedures- and Requited Findings for Fence Wall, and Hedge Height Modification". 26. Modify the following language in Section 9.43.080 — Procedures and Required Findings for Fence, Wall, and Hedge Height Modifications [p. 4.30] C=_ I1gip ht Modification of Re isteed Exsn es Walls and Hed_eS Discretionary Procedure A paxce -1 owner may recuest a height modification p to 50 °,�o above the hei ht of a re Astered existi❑ * nonamfi7r i fence wall or hedge through a Duectox hearins* subject only to the following findings_ I__ 'Phe ad'aoent «arcel owner(sl that chase a common parcel line nearevt to the registered fence wall or hed a have a reed to fhe.. ro pied increase in hei ht The nanti of such i odiBcatio is cessgry to i,,3ic,.t cis eec on the adjacent pa rcei made siiFs uent to the rctstration of the nrnaconforming fence, wall, or hedge vicht Sine dot not limited to the consnuc ion of an additional stow or stories to an ��ijn�structvr =. 3 _ The subject Fence wall or hedge will he compatible with other sir structures in the ncivhborhood and is regi llyd to mitigate im�iac[s from adjacent land uses, the subjg�5 6. The modification will not im ap it the jnteuty and chatacter of the neighborhood in which the fence wall or hedge is located. 27. Modify the following language in Section 9.52.020.1900 — Definitions [p. 5.41] Person. Any irnkvic -kysl; natural person nr other eniil'v recovni>ed by CaGfor«zia law as such,-includ�ing a firm, association, organization, partnership, business trust, company, or corporation. 28. Modify the following language in Section 9.28.180 — Reduction of Required Parking [p. 3.93] applicant shill have the burden of proof for a reduction in the total number o of r qui-I9 narline pies and documentation shall be submitted substantiating the reasons for this icquested parking reduction Reduced parking shat be approved nnly iE 1 Compliance with Ttanspr riation Demmd Managementequieements is demnnatraeed or sufficient evidence is proadded that the project' wi11 comply; 2 Documentation is pre id d to the satisfaction of the Director that t the—parking to be .plied will meet the needs of the on -site uses: and 3. Additional rcc uitements. restrictions'. or agreements as deemed necessary by the Director are inn tied as a regnirement(� to ensure that the parkinRwill satisfy he needs of the on -site ntiL'S. 29. Modify the following language in Table 9.28.060 — Parking Regulations By Use and District [p. 3.691 TABLE 9.28.060: PARKING REGULATIONS BY USE AND LOCATI ON Land Use Classification 9{stristsCitvwide tExcfuding the Mixed Use Transportation District Downtown Speafic Mixed Use Transportation DisMcts Plan Area and Bergamot Area Plan Area) 10 DRAFT ZONING ORDINANCE List of Proposed Clerical Corrections /Clarifications to Draft Zoning Ordinance and Land Use and Zoning Related Provisions 1. Modify the following language in Section 9.01.040(A)(2) — Applicability [p. 13] Compliance with Regulations. Except as provided in this Ghapter- Zoninn Ordinance, land or buildings may be used and structures may be erected or altered only in accordance with the following provisions: 2. Modify the following language in Section 9.01.040(D)(1) - Applicability [p. 1.7] Previously Approved Development The erection, construction, enlargement, demolition, moving, conversion of, and excavation and grading for any building or structure for which a valid discretionary permit or building permit was issued prior to the adep aen- effective date of this Ordinance and which does not subsequently expire. A discretionary permit ocw budding- permmit -that does not contain an express limit on the time for exercising the permit shall be deemed valid only if a building permit is obtained within one year of the adeptia a effective date of this Ordinance. No time extensions, including any that might have been authorized by any discretionary permit or building permit shall be granted for any discretionary permit or building permit approved prior to the aeiapifarrcffective date of this Ordinance; 3. Modify the following language in Section 9.04.100 - Determining Parcel Coverage [p. 1.24] Determining Residential Parcel Coverage 4. Modify the following language in Table 9.08.030 - Development Standards -Multi -Unit Residential Districts Standard * for development Standards within RV 'R3 * R4'* Additional Regulations : specified areas, see 9.08.030 (A)! No less than No less than NX No less Courtyards — Parcels over 99 feet in 10% of the 10% of the than 10% of the total parcel width total parcel total parcel area See (F) area. See (F) area. See (F) 5. Modify the following language in Section 9.08.030(A)(1)(c) - Development Standards [p. 2.22] Maximum Unit Density. For parcels four thousand square feet or more, the maximum unit density shall be one dwelling unit for each one thousand five hundred square feet of parcel area or four total units. whichever is less. For parcels less than four thousand square feet, no dwelling units shall be permitted, except that one dwelling unit may be permitted on any legal parcel which existed on September 8, 1988. No more than one dwelling unit shall be permitted on a parcel forty feet or less in width. 6. Modify the following language in Section 9.08.030(A)(1)(i) - Development Standards [p.2.23] Development Review. Except for projects listed in Section 9.40.020(B), a development review permit shall be required for any development of 41f een-ten thousand square feet or more in floor area. Modify the following language in Section 9,08.030(A)(2)(c) - Development Standards [p. 2.241 Maximum Unit Density. A minimum of fifteen hundred square feet of parcel area for each dwelling unit_ ®r four units total whichever is less. However, one duplex shall be permitted on any legal parcel that existed on August 31, 1975. 8. Modify the following language in Section 9.08.030(A)(3)(d) - Development Standards [p. 2.25] Maximum Unit Density. F�e; r- pxx- els- Fr�f- emrt;muaxnd- sgnave- feet- c3trsrreveyrx�ig- unit- €aremch -exa Pheasstmd- t�afl- lsaasclted- €tft- }+- ugtrtte- feet -c-�f- parcel -str red- fertFisfo}:esvtng- tvred- ptarl 3svf. -cis �- .�a;.;nd�- pera,,..� n =.v r r,, hvuseus� rsrepec =P�r; Irteyec- ts- thvs -ia�e u' de -t33c rtit�sn:7n n:rd- pkesetvatirtsr o£ �rlsi:�trrric�areteEeere- aesd -- that- en�zly�ttkrtl� Secretary- nf- I-. itc�ri<- rr=, a- �Slxcds-€ o�.. n,- rz ,.�,rrx-eertc- <>f- IItstc -rs=ie Piopoar .; sixty- <r:; -peee eat -�Rh keff tg- usstts- ar -ezw- �,c�recin s-o -lard r a= rn-. 7. „- prerjec- t- is- regtsEeted -,,A, th, �?�F3E= 4rrre; ceive- a- II; F-;€ ?I7- rsrting- c;f- silverf;=- aighet kveF;- �srld- d2y -c;..z .:�.r :,; ee>rxi�xen}ik�- eme- €xeili+iest Le xg. For rd-etl e projects on parcels of four thousand square feet or more, one dwelling unit for each one thousand five hundred square feet of parcel area shall be permitted. or five units total whichever is less. For parcels less than four thousand square feet, no dwelling units shall be permitted, except that one dwelling unit may be permitted if a single -unit dwelling existed on the parcel on September 8, 1988. Modify the following language in Section 9.08.030(A)(3)6) - Development Standards [p.2.26] Development Review. Except for projects fisted in Section 9.40.020(B), a development review permit shall be required for any development of twe#y -taefr -ten thousand five-l- ed- square feet or more in floor area. 10. Modify the following language in Section 9.08.030(B) - Development Standards [p. 2.271 Additional - Stepback at Upper Stories. The maximum building height afar --1 e xeeeeled-pr,;;�'-�a,'- not exceed 30 feet in the R2 District, 40 feet in the R3 District, and 45 feet in the R4 District, and shall be subject to the following standards: 11. Modify the following language in Section 9.16.020(B) - Permitted Uses [p. 2.85] Existing parking on "A” lots shall be permitted if all of the following conditions are met: 1. The commercial parcel supported by the "A" parcel is not redeveloped. 2. The lot remains as a surface level parking lot. 3. The square footage of the existing commercial building on the commercial parcel is not added to or expanded beyond fifty percent of the floor area existing on die-&& tG -;>f lnrIao e September S. 1988. 4. The required parking for any new addition or expansion of less than fifty percent of the floor area is not located on the "A" parcel. 12. Modify the following language in Section 9.22.020(F)(1) - State Incentives in Residential Districts - Density Bonuses [p. 3.251 The proposed housing development, inclusive of the units replaced pursuant to this subsection (€.P), contains affordable units at the percentages set forth in this Section and Section 9.22.030. 13. Modify the following language in Section 9.25.020(B)(2) - Applicability [p. 3.44] If a building or structure is unsafe, presents a public hazard and is not securable and /or is in imminent danger of collapse so as to endanger persons or property, as determined the City's Building Official, it may be demolished. The Building Official's determination in this matter shall be governed by the standards and criteria set forth in the most recent edition of the California Building Code that is in effect- in- t-heag- Cade. 14. Modify the following language in Section 9.27.030(F)(1) - Legal Nonconforming Structures [p. 3.55] The existing building is a Historic Resource including or is listed on the City's Historic Resources Inventory, provided the alteration or addition conforms with the Secretary of the Interior's Standards for Rehabilitation and Illustrated Guidelines for Rehabilitating Historic Buildings. 15. Modify the following language in Section 9.27.040(A)(2)(c) - Restoration of a Damaged Nonconforming Structure [p. 3.58] Where the cost of repair equals or exceeds 50 percent of the replacement value of the structure, and 50 percent or more of the exterior walls are removed to the foundation, and the development on the parcel is above the development review threshold for the District in which it is located, a Development Review Permit is required prior to plan check. Architectural Review Board approval shall also be required - for -as y-p; ojeet-regesiEirag g{ar.sang4;een�tssten- nevie�,w. 16. Modify the following language in Section 9.31.070(D)(3) - Automobile /Vehicle Sales, Leasing, and Storage [p. 3.124] Maximum parcel Coverage. o& /o-- ef- teeic- tEartizrl- reel- a;.:r. -The maximum Hotel coverage of residential parcel area shall be the area of the parcel not within the selfoack areas required in subsection > 5 17. Modify the following language in Section 9.37.130 - Appeals [p. 4.13] 3. Submittal Requirements and Criteria. The appeal shall set forth, in concise language, the following: a. Date of appeal; h. Name of appellant and the individual representing appellant; C. Address to which notices shall be sent; d. Telephone number of representative; e. Name of applicant, if different from appellant; f. Action or decision being appealed and the date of such action or decision; g. Address and description of real property involved; and h. The specific grounds for appeal.. 34. Proceedings Stayed by Appeal. The timely filing of an appeal shall stay all proceedings in the matter appealed including, but not limited to, the issuance of City building permits and business licenses. 45. Appeal hearings. Public notice of an appeal hearing shall conform to the manner in which the original notice was given. 51 Effective Date ofAppealed Actions. a. Except as otherwise provided for in this Chapter, an action of the Director appealed to the Planning Commission shall not become effective unless and until approved by a majority of the Planning Commission or by operation of law. b. An action of the Planning Commission appealed to the City Council shall not become effective unless and until approved by a majority of the City Council or by operation of law. 67. Appeal fees. Members of the City Council and Planning Commission shall not be required to pay a fee when filing an appeal. 18. Modify the following language in Section 9.43.020(A) - Applicability: Minor Modifications [p. 4.27] The provisions of this Section shall apply to specific development proposals that are for uses permitted by right or review in the District. In no case shall a minor modification be granted pursuant to this Chapter to permit a use or activity that is not otherwise permitted in the District where the property is located, nor shall a minor modification be granted that alters the procedural or timing requirements of this Ordinance. 19. Modify the following language in Section 9.43.020(B) (2) - Applicability: Minor Modifications [p.4.271 Build -to Ar Line. Up to 5 percent of the standards for building fa4ade location. 20. Modify the following language in Section 9.43.030(A) - Applicability: Major Modifications [p. 4.28] The provisions of this Section shall apply to specific development proposals that are for uses permitted by right of in the District. In no case shall a major modification be granted pursuant to this Section to permit a neiv use or activity that is not otherwise permitted in the District . where the property is located, nor shall a major modification be granted that alters the procedural or timing requirements of this Ordinance. 21. Modify the following language in Section 9.43.030(B)(2) — Applicability: Major Modifications [p.4.28] Build -to Ase &Lisle. Up to 20 percent of the standards for building fagade location. 22. Modify the following language in Section 9.45.070(C) — Planning Commission Action on Amendments [p. 4.38] Planning Commission action disapproving a proposed General Plan amendment, initiated upon an application from a property owner pursuant to subsection 9.3635.060 -(C), may be appealed by any interested person, including a Commissioner or Councilmember, to the City Council provided such appeal is filed in writing within 14 consecutive calendar days of the Commission's action, pursuant to Section 9.37.130 Appeals. 23. Modify the following language in Section 9.49.060(A) — Findings and Decisions [p. 4.521 Findings. A decision to grant a reasonable accommodation shall be based on the following findings: 1. That the housing or other property which is the subject of the request for reasonable accommodation will be used by an individual or organization entitled to protection; ands 2. The request for accommodation is necessary to afford an individual with a disability an equal opportunity to use and enjoy a dwelling or common areas of the premises; 3. The request for accommodation would not impose an undue financial or administrative burden on the City acrd 4. The request for accommodation would not require a fundamental alteration in the nature of the City's land use and zoning or building program. 24. Modify the following language in Section 9.51.020(A)(1)(d)(i) — Residential Use Classifications [p. 5.4] Senior Citizen Multiple -Unit Residential. A multiple -unit development in which occupancy of individual units is restricted to one or more persons 62 years of age or older, or a person at least 55 years of age who meets the qualifications found in Civil Code Section 513. Sec D:a P_''--nnn r._ cam. ,..,.:det -A- 25. Modify the following language in Section 9.51.030(B)(19)(d) — Non - Residential Use Classifications [p. 5.15] Walls -In Clientele. Offices predominantly providing direct services to patrons or clients and do that-may -ct. may not require appointments. This use classification includes employment agencies, insurance agent offices, real estate offices, travel agencies, utility company offices, and offices for elected officials. It does not include banks or check - cashing facilities, which are separately classified and regulated (See Banks and Financial Institutions). 26. Modify the following language in Section 9.52.020.0260 — Definitions [p. 5.281 Bedroom. Any habitable space in a dwelling unit or accessory structure other than a kitchen or living room that is intended for or capable of being used for sleeping, -send is at least 70 square feet in area is separated from other rooms by a door, and is accessible to a bathroom without crossing another bedroom. 27. Modify the following language in Section 9.52.020.1110 — Definitions [p'. 5.34] Home Occupation. A commercial use conducted on residential property by the inhabitants of the subject residence, which is incidental and secondary to the residential use of the dwelling. See Section 9.4931.160, Home Occupations. 28. Modify the following language in Section 9.54.010(E)(28) — General Provisions and Responsibilities [p. 6.481 Zoning Ordinance. C—kegrtet -4,94 Division 1 through 5 of Article 9 of the Municipal Code. 29. Change all references of "July 10, 2010" to "July 6, 2010 ". 30. Modify the following language in Section 9.64.040(A) — Affordable housing obligation [p. 6.1501 Except as_provided in Section 9.23.0301A) Aall multi- family project applicants shall comply with the requirements of this Chapter in the following manner: 31. Modify the following language in Section 9.64.050(E) — On -site option [p. 6.151] The multi - family project applicant may reduce either the size or interior amenities of the affordable housing units as long as there are not significant identifiable differences behveen affordable housing units and market rate units visible from the exterior of the dwelling units; provided, that all dwelling units conform to the requirements of the applicable Building and Housing Codes. However, excWtt as provided in Section 9.23.030 A), each affordable housing unit provided shall have at least two bedrooms unless: 32. Modify the following language in Table 9.09.030 — Development Standards-Ocean Park Neighborhood Districts [p. 2.34] Standard OP1 OFD OP2 OP3 OP4 Additional Regulations Maximum Building Height (ft.) Base Standard —Flat Roofs, P3 Roofs Pitched atLeaasfLess Than 20 23 23 35 1:3 See (B) Minimum Setbacks (ft.) Greater of 4 ft. 3 feet for parcels less -ft et sSide -- Parcels less or See formula in (C) than 35 ft. in width in than 50 ft. in width than56 of of opi parcel width fiarn&rSfreet Side — Parcels 50 ft. See q0 ft, See (C) or more in width (C) 33. Modify the following language in Section 9.09.030(C) — Front and Side Setbacks [p. 2.37] The following formula shall be used to determine the required side setback for blank walls and walls containing secondary windows. In the OPl District, this formula shall also be used to determine the required c-erner- street side setback on lot parcels 50 feet or more in width. In the OP2, OP3, and ON districts, it shall be used to determine the required �street side setback on parcels less than 50 feet in width. The setback is calculated as follows: Setback (ft) = 5 + (stories x parcel width) 50 Within the required side or eca:ne. street side setback area for parcels 50 feet or greater in width, the second floor side setback above a primary window shall not project more than 2 feet into the required side setback. 34. Modify the following language in Section 9.21.160(C) — Swimming Pools and Spas [p. 3.20] Swimming pool or spa filtration equipment and pumps shall not be located in the front or &tree side setback. All equipment shall be mounted and enclosed so that its sound is not audible from any other parcel. 35. Modify the following language in Section 9.28.140(E) - Short -Term Bicycle Parking [p. 3.89] d- - --- 4t- lea;:F ImT- f.... -a ele�ical- a:a:}:tted- kriey -;... = eliar -gt� 36. Modify the following language in Section 9.28.150(A) - Car and Van Pool Parking [p. 3.90] Applicability. All commercial uses where there are more than 250 parking spaces on the site shall provide permanently designated car and van pool parking spaces as provided in Table 9.28.150, except as otherwise provided in this Chapter. 37. Modify the following language in Table 9.28.150: Car and Van Pool Parking Requirements [p. 3.91] 38. Modify the following language in Section 9.31.040(D) - Alcohol Exemption Zoning Conformance Permit [p. 3.112] 2. If a counter service area is provided, a-- patis�xst -be. ^pa- m- a`R,.� -sifi at tzye p::��.r.., -„r'�° �� ar.ez- the -sa+nc ag -r�is waiting-for s- table4e b �.- aaan.IIlfood service shall be available at all hours the counter is o en for patrons. and the counter area shall not function as a separate bar area. 39. Modify the following language in Section 9.51.030(B)(15) - Commercial Use Classifications [p. 5.14] Vacation Rental. A property with a dwelling unit or guest house intended for permanent occupancy that is available for rent or hire for any person other than the primary owner for transient use lei; thxa for 30 days or less or is otherwise occupied or utilized on a transient basis for 4 an 30 days or less. Vacation rental does not include a Bed and Breakfast as defined above. 40. Modify the following language in Section 932.020.0050 - Definitions [p.5.141 100% Affordable Housing Project, Housing projects with a minimum of 25 percent of the units deed restricted or restricted by an agreement approved by the City for occupancy by 60% Income Households_ or less and the remainder of the housing units are deed restricted or restricted by an agreement approved by the City for occupancy by 80% Income Households or less. Such projects may include non - residential uses not to exceed 33% of the project's total floor area. 41. Add the following language to Section 9.52.020 - Definitions [p. 5.26] Affordable Rent Affordable re t shall mean the followi 1. For 30 %income households the product of 30 percenC Cimes 30 percent of the area median income adjusted for household size appropriate for the unit 2. For 50% income households, the product of 30 percent times 50 percent of the area median income adjusted for household size appropriate for the unit. 3. For 80% income households whose gross incomes exceed the maximum incomes for 50% income households, the product of 30 percent times 60 percent of the area median income adjusted for household size appropriate for the unit 4 For moderate vrcome households the toduct of 30 percent times 110 percent of the area median income adjusted for household site apps pri- to for the unit. pbr ent Federal or state statutes and re lugs ations �ovecning Federal or State assisted housin,. 42. Add the following language as Section 9.52.020 — Definitions [p. 5.261 Area Median Inc ar AIV%I. The median famfl � income published Erom time to tu��HUD Eor the Lis fAngeles-L,ong $each Mettopoliean Statistical Ate; 43. Add the following language to Section 9.64.020Q) — Definitions [p,6,148] Affordable Rent. Affordable rent shall mean the following; 1. For 30% income households, the product of 30 percent times 30 percent of the area median income adjusted for household size appropriate for the unit. 2. For 50% income households, the product of 30 percent times 50 percent of the area median income adjusted for household size appropriate for the unit. 3. For 80% income households whose gross incomes exceed the maximum incomes for 50% income households, the product of 30 percent times 60 percent of the area median income adjusted for household size appropriate for the unit. 4. For moderate income households, the product of 30 percent times 110 percent of the area median income adjusted for household size appropriate for the unit. For pumoses herein affordable rent shall be adjusted as necessary to be consistent with t erti e t Federal or State statutes and regulations Lroverniru,> Federal or State assisted housin . o it it Report City Santa Monied City Council Meeting: May 5, 2015 Agenda Item: a To: Mayor and City Council From: David Martin, Director, Planning and Community Development Subject: Appeals of Planning Commission Decisions Rejecting Specified LUCE Amendments and LUCE Land Use Designation Map Amendments; Resolution to Adopt a Negative Declaration Introduction and First Reading of an Ordinance to Repeal the Existing Zoning Ordinance and Add a New Zoning Ordinance, to Repeal Existing Land Use and Zoning Related Provisions and Add New Land Use and Zoning Related Provisions, and to Repeal the Existing Official Districting Map and Adopt the Final Official Districting Map; Resolution to Approve Land Use and Circulation Element ( "LUCE ") Amendments, and Resolution to Approve LUCE Land Use Designation Map Amendments. Recommended Action Staff recommends that the City Council : 1) Adopt a Resolution Adopting a Negative Declaration; 2) Grant the Appeals and Reverse the Planning Commission's decision to reject the following proposed LUCE Amendments: a. Removing the Activity Centers Overlays on Wilshire Boulevard - Wilshire/Centinela and Wilshire /14th b. Removing Tier 3 from the Mixed -Use Boulevard land use designation (MUB) in certain areas of the City or modifying the MUB development standards for Tier 3 in these areas of the City c. Removing Tier 3 from the Mixed -Use Boulevard Low land use designation (MUBL) in certain areas of the City or modifying the MUBL development standards for Tier 3 in these areas of the City 3) Deny the Appeal and Uphold the Planning Commission's decision to reject the following proposed LUCE Amendment: a. Amending text on page 2.1 -41 (first bullet on the left) to include: "and a 3- foot height bonus above the 32 -foot base height" 4) Deny the Appeal and Uphold the Planning Commission's decisions rejecting certain LUCE Land Use Designation Map Amendments; 5) Introduce for First Reading an Ordinance to: ® Repeal the existing Zoning Ordinance, Chapter 9.04 of Article 9 of the Santa Monica Municipal Code, and adding a new Zoning Ordinance, Chapter 9.01 1 through 9.52, to Article 9 of the Santa Monica Municipal Code to Adopt a Comprehensive Zoning Ordinance; • Repeal Chapters 9.08 through 9.72 of Article 9 of the Santa Monica Municipal Code and adding new chapters 9.53 through 9.68 to Article 9 of the Santa Monica Municipal Code to establish Land Use and Zoning Related Provisions; • Implement the New Zoning Ordinance by Repealing the Existing Official Districting Map and Adopting the Final Official Districting Map 6) Adopt a Resolution Approving Land Use and Circulation Element ( "LUCE ") Amendments; and 7) Adopt a Resolution Approving LUCE Land Use Designation Map Amendments. Executive Summary This report summarizes the April 14 and 15, 2015 Council Zoning Ordinance Update study session and responds to the preliminary direction Council provided related to the issues identified in the April 14, 2015 staff report, and the additional issues discussed by Council at the hearings. Proposed modifications have been made to the Draft Zoning Ordinance (Attachment A), LUCE (Exhibit 1 of Attachment E), the LUCE Land Use Designation Map (Exhibit 1 of Attachment F), and the Official Districting Map (Attachment C). This report recommends that Council take action on the recommendations 1 through 7 listed above. Background On April 14 and 15, 2015 Council conducted a study session to discuss an update of the City's Zoning Ordinance, proposed Land Use and Circulation Element amendments, the draft Official Districting Map, the Draft LUCE Land Use Designation Map, and the Negative Declaration. A full history of the zoning update process is detailed in the April 14 2015 City Council staff report. Attachments to that staff report included the Draft Zoning Ordinance, the "Redline" Draft Zoning Ordinance, the "Greenline" Changes to the Redline Public Review Draft, Division 6, Land Use and Zoning Related Provisions, Draft Official Districting Map, Draft LUCE Land Use Designation Map, and Planning Commission resolutions. These documents have not been reattached to this staff report, but are available online, in the City Clerk's Office and at the Planning Department. During the study session, Council discussed all of these documents after hearing public testimony from over 100 members of the public. The Council gave 2 preliminary directions to City staff related to a variety of issues identified in the staff report and by Council from its independent review of the documents. Discussion LUCE Amendments Appeals The Planning Commission formally considered 11 LUCE amendments on March 4, 2015 and March 18, 2015. The Planning Commission recommended that Council approve 7 of these amendments. Four proposed amendments rejected by the Planning Commission were appealed to Council. These four amendments are analyzed below. 1. Amendment eliminating the two Activity Centers on Wilshire Boulevard located at Wilshire Boulevard /Centinela Avenue and Wilshire Boulevard /14th Street. Appellants: Northeast Neighbors (15ENT -0191) and Planning Commissioner Kennedy (15ENT -0189) Activity Center Overlay areas are identified in the LUCE as strategic opportunities for property owners and /or the City to "foster dynamic spaces by enabling the creation of mixed -use development at transportation crossroads on parcels of sufficient size to support creative design and to provide active and passive open space, affordable and market -rate housing, and shared parking facilities ". Five Activity Center Overlay Districts are identified in the LUCE, two of which are located along Wilshire Boulevard at Centinela Avenue and 14th Street. Both of these proposed activity centers would allow development at a level that could be considered significantly out of scale with the surrounding residential neighborhood as well as involve the conversion of several residential parcels to commercial parcels. Additionally, the initiation of an activity center at these locations would have required significant coordination and cooperation among multiple property owners, something that has been a significant challenge with other planning efforts. The potential loss of any housing or development opportunity could likely be made up by shifts towards transit hubs like Downtown /Civic Center and Bergamot. 3 There was substantial public testimony during the review of the Draft Zoning Ordinance supporting the elimination of the two activity centers at Wilshire Boulevard /Centinela Avenue and Wilshire Boulevard /14th Street, due to the potential size and scope of development in these areas would be in close proximity to residential areas. Some testimony in support of the retention of these Activity Centers was also provided. On March 18, 2015, the Planning Commission voted not to recommend this LUCE amendment. In its discussion, the majority of the Commission supported the LUCE vision to encourage housing in this manner along the boulevards as well as mixed -use centers within walking distance of neighborhoods. However, this decision has been appealed by the Northeast Neighbors and Planning Commissioner Kennedy, therefore this LUCE amendment is before Council for its consideration. Since an activity center would only be established through an area plan and subsequent development agreement, the Draft Zoning Ordinance contains no standards governing potential activity centers. Council provided preliminary direction to remove these Activity Centers during the study session on April 15, 2015. 2. Amendment removing Tier 3 from the Mixed -Use Boulevard (MUB) land use designation with the exception of the following MUB areas: ® Lincoln Boulevard south of Wilshire Boulevard • Wilshire Boulevard west of Lincoln Boulevard • 4th Street between the I -10 freeway and Pico Boulevard ® Within the area bounded by Colorado Avenue, Olympic Boulevard, 20th Street and Cloverfield Boulevard Appellants: Northeast Neighbors (15ENT -0191) and Planning Commissioner Kennedy (15ENT -0189) Through the course of reviewing the Draft Zoning Ordinance, the Planning Commission discussion and public testimony have called into question the appropriateness of allowing Tier 3 level development in certain MUB districts. The MUB land use designation is primarily located along Wilshire Boulevard and along Lincoln Boulevard. 4 The MUB designation along Lincoln Boulevard is located within the Downtown Specific Plan (DSP) area where development is generally taller and of a higher intensity than the rest of the City; therefore, Tier 3 development in this area would still appear appropriate. Also, the area along Wilshire Boulevard, west of Lincoln Boulevard; would also be governed by the DSP. However, for the remaining MUB designated area along Wilshire Boulevard, Tier 3 development may be out of scale with existing commercial development along Wilshire Boulevard. Moreover, Tier 3 development may be incompatible with existing adjacent single - family and multi - family residential development to the north and south of Wilshire Boulevard. Removing the option for Tier 3 development in this area could ensure appropriately scaled development that is compatible and consistent with existing adjacent residential neighborhoods, thereby preserving the scale, character, and quality of life in these neighborhoods. Furthermore, the LUCE Tier 3 maximum height and FAR standards of 55 feet and 2.75 FAR represent a notable increase when compared to existing C6 zoning along Wilshire Boulevard (ranging between .8 -2.0 FAR /30 -45 feet in height, depending on parcel size and project type); the Bergamot Area Plan (ranging between 1.0 -2.5 FAR /32 -86 feet in height, depending on parcel size and project variation); and the proposed Wilshire Transition standards of the Draft Downtown Specific Plan (ranging between 1.5 -2.25 FAR /39 -50 feet in height) (Attachment N). Tier 2 standards of 2.25 FAR/ 50 feet in height would provide adequate development opportunities for mixed -use housing projects with ground floor neighborhood serving uses along the boulevards consistent with the LUCE vision. The development of housing in the Downtown and Bergamot areas would also continue to occur. On March 18, 2015, the Planning Commission voted not to recommend this LUCE amendment. In its discussion, the majority of the Commission supported the LUCE vision to encourage housing in this manner along the boulevards as well as mixed use centers within walking distance of neighborhoods. However, this decision has been appealed by Northeast Neighbors and Planning Commissioner Kennedy and therefore this LUCE amendment is before Council for its consideration. Since Tier 3 development is almost exclusively established through a development agreement which must be 5 consistent with the General Plan, the Draft Zoning Ordinance does not set forth standards for Tier 3 development. Council provided preliminary direction during the study session on April 15, 2015 to eliminate Tier 3 within the MUB unless the project is located in the MUB on Lincoln Boulevard, south of Wilshire Boulevard, or with the area bounded by Colorado Avenue, Olympic Boulevard, 20th Street, and Cloverfield Boulevard. Furthermore, Council also indicated that 100% Affordable Housing projects and projects which preserve a City - Designated Landmark or Structure of Merit may request Tier 3 height and FAR in all MUB areas. 3. Amendment removing Tier 3 from the Mixed -Use Boulevard Low (MUBL) land use designation with the exception of the following MUBL areas: ® Broadway ® Colorado Avenue ® Within any remaining Activity Center boundaries Appellants: Northeast Neighbors (15ENT -0191) and Planning Commissioner Kennedy (15ENT -0189) For the same reasons supporting the potential removal of Tier 3 from certain MUB designated areas, this amendment would remove Tier 3 from certain MUBL designated areas to ensure appropriately scaled development that is compatible with the character and quality of life of the adjacent residential neighborhoods. The MUBL areas listed above would not be subject to the removal of Tier 3 as the commercial corridors along Broadway and Colorado Avenue are located close to the Expo line and adjacent to existing Medium Density Housing and Industrial Conservation areas that transition more appropriately away from the commercial corridors than lower density residential areas. The remaining Activity Centers containing MUBL designations would also retain Tier 3 possibilities as the Activity Centers are envisioned to accommodate larger scaled development. Even if Tier 3 were to be removed in the areas proposed, it could be retained for 100% affordable housing projects. E On March 18, 2015, the Planning Commission voted not to recommend this LUCE amendment. In its discussion, the majority of the Commission supported the LUCE vision to encourage housing in this manner along the boulevards as well as mixed -use centers within walking distance of neighborhoods. However, this decision has been appealed by Northeast Neighbors and Planning Commissioner Kennedy therefore this LUCE amendment is before Council for its consideration. Since Tier 3 development with limited exception is established through a development agreement which must be consistent with the General Plan, the Draft Zoning Ordinance does not set forth standards for Tier 3 development. Council provided preliminary direction during the study session on April 15, 2015 to eliminate Tier 3 within the MUBL unless the project is located in the MUBL on Broadway, Colorado Avenue, or within an Activity Center boundary. Furthermore, Council also indicated that 100% Affordable Housing projects and projects which preserve a City- Designated Landmark or Structure of Merit may request Tier 3 height and FAR in all MUBL areas. 4. Amendment to the text on LUCE page 2.1 -41 (first bullet on the left) to include the following: "and a 3 -foot height bonus above the 32 -foot base height'. Appellants: Planning Commissioners Parry (15ENT -0179) and Ries (15ENT- 0183) This amendment would add an incentive for affordable housing projects in the Neighborhood Commercial designation that was not included in the original text. In all of the other commercial land use designations, a height bonus is granted above the Tier 1 base height allowing for an additional floor of housing for projects building the required affordable housing units in accordance with percentage requirements specified in the City's Affordable Housing Production Program for the project as a whole. In this case, the proposed amendment would only provide this height bonus to 100% affordable housing projects. Staff notes that in the Neighborhood Commercial designation along Main Street, this would allow for an increase in height of eight feet above the proposed base height of 27 feet to accommodate an additional floor of housing. 7 On March 18, 2015, the Planning Commission voted not to recommend this LUCE amendment. However, this decision has been appealed by Planning Commissioners Parry and Ries. Commissioner Ries contends that affordable housing should be incentivized in all Neighborhood Commercial districts and not in selective areas. Therefore this LUCE amendment is before Council for its consideration. The Draft Zoning Ordinance assumed that this amendment would be adopted and consequently it would need to be revised should the City Council decide not to authorize it. Council provided preliminary direction during the study session on April 15, 2015 not to support this text amendment for the Neighborhood Commercial Zoning Districts. Accordingly, based on this direction, staff has revised the Draft Zoning Ordinance as indicated in #7 of Attachment A. LUCE Land Use Designation Map Amendments Appeals As detailed later in this report, 115 parcels were identified as having an inconsistency between their 2010 LUCE Land Use Designation Map and their existing Official Districting Map designation. Of these parcels, the Planning Commission recommended that 112 should return to their existing Official Districting Map designation while 3 parcels, 1127 2nd Street, 1129 2 "d Street, and 1137 2nd Street, should retain their 2010 LUCE Land Use Designation of Downtown Core. The Planning Commission's recommendation to maintain the LUCE designation was appealed by Commissioner Kennedy. Because these 3 parcels are part of the Downtown Specific Plan area, staff and the Planning Commission recommend that their LUCE Land Use Designation is appropriate. Council provided preliminary direction during the study session on April 15, 2015 to support retaining the LUCE Land Use Designation of Downtown Core for these 3 parcels. City Council Discussion Issues The following issues represent the topics that Council discussed and provided preliminary direction to city staff to aid in the preparation of the Draft Zoning Ordinance and related documents. Below each of the issue headings, the Council's preliminary direction is indicated. 1. Determining Residential Density® Section 9.04.120, p. 1.25 Council preliminarily supported Section 9.04.120 which would eliminate a property owner's ability to include Y2 of an alley for purposes of determining residential density for all R2, R3, and R4 zoned properties city -wide. 2. Child Care and Early Education Facilities in the R11OP1 - Section 9.07.020, p.2.4 Family Day Care Large Standards - Section 9.31.140, p. 3.133 Childcare and Early Education Centers Standards - Section 9.31.120, p. 3.131 Council considered a number of land use issues involving Child Care and Early Education Facilities and Large Family Day Care. Council provided preliminary direction to authorize Child Care and Early Education Facilities in the R1 and OP1 Districts with the approval of a Conditional Use Permit, to allow outdoor hours for both uses until 8 p.m. or sunset, whichever comes first, and to maintain a 300 foot separation between Large Family Day Care uses. Adult Day Care would also be authorized in the R1 and OP1 Districts with the approval of a Conditional Use Permit. Proposed revisions responsive to this direction are #2, #5, #20, and #21 in Attachment A. 3. Treatment of Existing Hotels in R21R3- Section 9.08.020. p. 2.18 Council preliminarily supported Section 9.08.020, which would result in hotels in the R2 and R3 Districts being treated as legal non - conforming uses, rather than permitted uses. N] 4. R2 1R3 1R4 Density Limitation- Section 9.08.030, p. 2.19 Council preliminarily supported Section 9.08.030, which would cap the number of units in the R2 /R3 /R4 Districts as specified in Table 9.08.030. 5. No Floor Limitation for Projects with all Residential above First Floor in Commercial Districts- Section 9.11.030, p. 2.51 Council preliminarily supported Section 9.11.030 which would allow projects, which provide 100% residential uses above the first floor, to have an unlimited number of stories within the allowed height limit. 6. Requiring CUP for Office Use in MUB/MUBL/GC /NC- Section 9.11.020, p. 2.49 Council preliminarily supported Section 9.11.020 to require approval of a Conditional Use Permit for all office uses established as part of all new construction. Upon further review of this provision, Footnote 21 of Table 9.11,020, staff believes further clarification is required whether this CUP requirement should also apply to building additions rather than simply new construction. Staff believes that the CUP requirement should be triggered when the addition exceeds 50% or more additional square footage at any one time, or incrementally, and recommended language is item #6, (21) of Attachment A. 7. Development on Multiple Parcels — Section 9.21.030, p. 3.6 Council preliminarily supported Section 9.21.030, which would limit parcel consolidation to 7,500 square feet in multi -unit residential neighborhoods, except for 100% affordable housing projects and for courtyard housing projects meeting certain standards. However, Council directed staff to review and provide a revised threshold for neighborhoods with smaller lot sizes and to review the City of Pasadena District Garden Ordinance, pertaining to courtyard housing standards, to determine if additional standards should be incorporated into Section 9.08.030 (F). Further, staff reviewed the range of parcel dimensions in the Ocean Park neighborhood, an area characterized by both small, narrow lots as well as larger, deeper parcels. Staff concluded that a parcel consolidation threshold of 5,000 square feet together with a maximum width of 50 feet would respect the area's historic development pattern. This revision is found in #12 of 10 Attachment A. Additionally, staff recommends revised courtyard development standards, as identified in #4 of Attachment A, to ensure that courtyard housing projects are developed with desirable courtyards which are open and accessible from the sidewalk and which are landscaped appropriately. 8. Tier Two Community Benefits - Chapter 9.23, p. 3.34 Council was generally supportive of Chapter 9.23. However, Council requested that staff reconsider the unit mix and bedroom size for housing projects. Specifically, Council requested that staff consider requiring 10% to 15% three bedroom units for market rate units and a 1.5 bedroom average for both market rate and affordable units. Furthermore, Council also asked staff to consider a waiver procedure which would authorize an alternate unit mix. Accordingly, staff recommends requiring all affordable units in Tier 2 projects to have a 1.5 bedroom average, with a three bedroom unit counting as zero bedrooms. For market rate units of a Tier 2 project, staff recommends 10% three bedroom units, a 1.5 bedroom average, and any unit with more than three bedrooms to count as a three bedrooms only. These revisions are #14 of Attachment A. Council further directed staff to consider whether the community benefits should be directed to the neighborhood where the project is located. Lastly, Council directed staff to determine whether the proposed 15,000 square feet of on -site publicly accessible open space option could be lowered to 7,500 square feet. Staff believes this is appropriate as it may result in the creation of pocket parks. However, staff does not support mandating that funds be directed to the neighborhoods where the projects are constructed for the following reasons: 1. Pursuant to AB 1600, fees collected need to be reported annually and allocated within five years of collection. It would be difficult to pool sufficient funds within this time period if this restriction is imposed. 2. As an 8.3 square mile city, many parks are used by the entire community and there are needs that have been identified including but not limited to 1) expansion of Memorial Park to incorporate the former Fisher Lumber 2.9 acre 11 parcel (currently known as the Colorado Yards (Colorado between 14th and 16th) and development of park land (12 acres) at the Airport. 3. The Nexus Study that was prepared to support the park and recreation impact fees considered the replacement costs associated with replacing existing park amenities in the community which are costly and considerable as part of developing the nexus analysis. 4. Land acquisition was also considered at $175.00/sf (2013 estimate) and factored into the nexus analysis. Recognizing that the realities of acquiring land for new parks will be challenging, focus should be placed on using these funds to improve existing facilities /repurpose activities in existing parks to meet increased or changing demand and expanding parks where City already owns land. 9. Restoration of Legal Non - Conforming Use — Section 9.27.050, p. 3.60 Council preliminarily supported Section 9.27.050 which would allow a non - conforming use of a City- Designated Historic Resource to be resumed, reestablished, or reopened, even if the structure had not been in use longer than one year, with the approval of a Conditional Use Permit. The provision would not apply to a property that was in residential use as of December 16, 2016. 10. Parking, Loading and Circulation - Chapter 9.28, p. 3.63 Minimum and Maximum Parking Requirements- Section 9.28.040.5, p. 3.66 Parking Requirements by Zoning District— Section 9.28.050, p. 3.67 Unbundled Parking — Section 9.28.110, p. 3.81 Council provided preliminary direction to support Chapter 9.28 to implement specific parking ratios for uses, design standards, parking maximum limitations. The Council specifically supported the transportation demand management (TDM) and average vehicle ridership (AVR) recommendations. Council provided preliminary direction to allow projects to build more than the maximum allowed parking through a Conditional Use Permit whether for public or private use. The proposed revision responsive to this direction is #16, in Attachment A. 12 Council provided preliminary direction to reduce the area of the Mixed Use Transportation Districts, which allow the provision of less parking for select land uses, from roughly a half mile to a quarter mile from each Expo Light Rail and high service transit stations. Staff recommends the parcels composing the properties in the Memorial Park Neighborhood Plan area also be included. This allows for consistent parking requirements between all properties in each district and consistency between the plans and the zoning ordinance. The intersection of Pico and Lincoln Boulevards, served by Big Blue Bus lines 3, Rapid 3, 7 and Rapid 7, provides many transit options for those within proximity to the intersection. The quarter mile radius includes non - residentially zoned properties on Pico Boulevard between 6th Street and 11th Street and on Lincoln Boulevard between the Santa Monica Freeway and Pearl Street. These properties are well- served by transit, serve the surrounding residential areas which are relatively isolated from access to goods and services, and serve students from Santa Monica High School and the many Santa Monica College students that transfer between buses at this location. The proposed revision responsive to this direction is #17, in Attachment A. Council provided preliminary direction to maintain the roughly half mile radius to allow property developments in this expanded area to apply for reductions in parking to the levels required in the Mixed Use Transportation District. A provision has been added to 9.28.180 Reduction of Required Parking to allow such a request. The proposed revision responsive to this direction is #28, in Attachment A. Requiring parking to be sold or rented separately from the cost of habitable space, or unbundled parking, had been recommended by staff and by the Planning Commission. Council provided preliminary direction to allow unbundled parking but not require it. Staff continues to recommend that parking be required to be unbundled from the cost of the usable square footage of the use, to be consistent with the CEQA analysis that the LUCE relies upon. Unbundled parking was included as a TDM strategy to be implemented after the adoption of the 2010 LUCE. As such, it was one of multiple factors that would reduce vehicle ownership and peak hour vehicle trips. If unbundled 13 parking was not required, additional environmental analysis would be necessary, the goal of no net new PM peak hour trips may not be achieved, and it would be increasingly difficult to achieve the previously supported TDM and AVR goals. The provision in the proposed Zoning Ordinance remains as previously recommended. 11. Auto Dealer Standards — Sections 9.08.020, p. 2.18 & 9.31.070, 3.119 Council preliminarily supported Sections 9.08.020 and 9.31.070 which would establish development standards and processes for the development of Auto Dealerships into the Urban Auto Dealer format. These standards would include regulations and processes for the use of residential lots that are being used currently by existing dealerships. Council also preliminarily supported authorizing Tier 1 expansions of existing auto dealership uses on commercial lots up to 25,000 square feet without a development review permit and establishing an additional .25 floor area ratio. These proposed revisions are #19 of Attachment A. 12. Medical Marijuana Dispensaries - Section 9.31.185, p. 3.141 Council preliminarily supported Section 9.31.185 to allow a maximum of two Medical Marijuana Dispensaries subject to approval of a Conditional Use Permit, with the locations of these dispensaries limited to the following areas as identified in Table 9.11.020: • MUB District along Wilshire Boulevard between Lincoln Boulevard and Centinela Avenue • GC District along Santa Monica Boulevard between Lincoln Boulevard and 20th Street • MUBL District along Santa Monica Boulevard between 23`d Street and Centinela Avenue Council also directed staff to further evaluate whether the locations listed above were appropriate, or could be reduced, and to require a 600 -foot distance requirement between the two allowable dispensaries. Staff determined with the incorporation of the 600 -foot distance requirement between dispensaries, very few opportunities would be available if the MUB area along Wilshire Boulevard were to be removed. Accordingly, M, staff would recommend that the areas as proposed be retained. The proposed addition of the 600 -foot distance requirement is #22 of Attachment A. 13. Major Modification for Landmarks /Structures of Merit- Section 9.43.100, p. 4.32 Council preliminarily supported Section 9.43.100 to allow a Major Modification procedure for height modifications if a City- designated Landmark or Structure of Merit is being preserved. Two different height modification allowances would be established: (a) six feet above the height otherwise authorized in the LUCE in the portions of the R2 District generally bound by 4th Court to the west, 14th Court to the east, Montana Avenue to the north, and Wilshire Boulevard to the south, if developed in that area, or (b) the height permitted in the LUCE for the highest tier for the applicable land use classification so long as the FAR does not exceed the limitations established for Tier 2 projects in the same land use classification. 14. Neighborhood Conservation Overlay District - Chapter 9.47.030, p. 4.44 Council preliminarily supported Section 9.47.030, which would set forth the regulation and procedures to establish a Neighborhood Conservation Overlay District (NCOD). 15. LUCE Amendments Throughout the update process, the Planning Commission formally considered 11 LUCE amendments and on March 4, 2015 and March 18, 2015 respectively the Planning Commission recommended that Council approve seven of these amendments. As discussed, four proposed amendments rejected by the Planning Commission were appealed to Council and have been addressed at the outset of this report. Council preliminarily discussed all 11 potential amendments on April 15, 2015. The seven amendments recommended by the Planning Commission are listed below along with the preliminary Council direction. 15 1. Amendment of the title of all `Building Height Standards" graphics in Chapter 2.1 of the LUCE to "Building Height Guidelines" to clarify that the graphics do not establish mandatory development standards. 2. Amendment striking the following text throughout Chapter 2.1 of the LUCE: "similar to the established stepback standards of the zoning ordinance in effect as of May 27, 2010 ". 3. Amendment clarifying throughout the LUCE that Tier 1 is baseline, by -right development up to the discretionary review thresholds established by the Zoning Ordinance. 4. Amendment eliminating the requirement that Tier 2 Residential Projects and Mixed -Use Projects with Residential Only above the first floor be. processed by development agreement unless the projects provide nonresidential uses above the first floor. 5. Amendment to eliminate the provisions stating that Tier 2 discretionary review be undertaken by a Conditional Use Permit and clarify that this discretionary review can be undertaken by a development review permit or its equivalent. 6. Amendment to establish that a project, which preserves a City- designated landmark or structure of merit in a portion of the R2 District that had historically been zoned R3, shall receive a 6 -foot height bonus, allowing for an additional floor of housing. 7. Amendment to establish that when a project would preserve a City - designated landmark or structure of merit, the project may be reviewed by a discretionary review process other than development agreement so long as the project does not exceed the FAR for Tier 2 projects. Council preliminarily supported each of the potential LUCE amendments listed above. 16. Negative Declaration Council provided preliminary direction to bring forward the Negative Declaration for formal adoption. Staff has prepared a supportive memorandum, Attachment J, analyzing the preliminary changes to the Draft Zoning Ordinance and the Land Use and Zoning related provisions that the Council is considering. MV 17. Pico Neighborhood Zoning District Council provided direction to staff to initiate a planning process to evaluate and create a Pico Neighborhood Zoning District, which staff has preliminarily identified in #24 of Attachment A. This effort would need to be part of the work program of the Planning and Community Development Department and would be a long -range effort. 18. One-Year Review of Zoning Ordinance Implementation Council provided direction to staff to engage in a Planning Commission review of the Zoning Ordinance within one year of the date it becomes effective. Council indicated that a list of proposed projects along the Boulevards should be compiled with a description of the number and type of housing units proposed. This information will be provided during the review. 19. Clarification of Active Commercial Design Standards - 9.11.030 (A), p. 2.54 and 9.14.030 (A), p. 2.75 Council directed to staff to clarify the Active Commercial Design Standards to indicate that these standards would only apply to buildings with frontage to the commercial boulevards. This direction is also consistent with the Planning Commission's direction to Council. These revisions are #8 and #9 of Attachment A. 20. Land Use and Zoning Designations for St. Monica Catholic Community Council preliminarily changed the land use designation of St. Monica Catholic Community from Low Density Housing to Medium Density Housing. Council indicated that because of the unique nature of the parcel and its surroundings, the proposed Land Use Designation should be consistent with its past designation. The LUCE Land Use Designation Map would be amended accordingly. 21. LUCE Land Use Designation Map Amendments Council provided preliminary direction to amend the LUCE Land Use Designation Map. Through the Zoning Ordinance Update process 115 parcels were identified as having 17 an inconsistent Land Use and existing Zoning designation. Council directed staff to amend the LUCE Land Use Designation Map for 111 parcels. These parcels would have a LUCE Land Use Designation to match their existing zoning designation. Council preliminarily recommended 4 parcels retain their current LUCE Land Use designations. The rear portion of 1801 Wilshire Boulevard would remain Low Density Residential and 1127 2nd Street, 1129 2 "d Street, and 1137 2nd Street would retain their Downtown Core Land Use designation. The 2nd Street parcels are the subject of appeal however and therefore were addressed earlier in this report. 22. Residential /Commercial Adjacencies- Section 9.21.200, p. 3.22 Council preliminarily supported Section 9.21.200, which would ensure adequate treatment of commercially zoned, residentially used parcels. This provision would require any redevelopment of a commercial parcel adjacent to residentially used parcel to be designed in accordance with the development standards (minimum setbacks and daylight plane) as if the development were occurring next to a residential zoned parcel in order to protect residentially used parcels from having a zero setback when an adjacent commercially zoned parcel redevelops. It also would extend to the adjoining parcel deeper into the commercial zoning if it is also residentially used. Council also directed staff to clarify that when the residentially used parcel converts to commercial use, this section would no longer apply. The proposed clarification is #13 of Attachment A. 23. Live/Work Units - 9.31.170, p. 3.138 Council preliminarily supported Section 9.31.170, which establishes development standards and requirements for creating and operating Live -Work units primarily as a commercial /industrial use with residential use as the secondary activity. 24. Demolition Standards - Chapter 9.25, p. 3.44 Council preliminarily supported Chapter 9.25. This Chapter would identify criteria for determining whether a structure is deemed to have been demolished and would further M; restrict the amount of alterations to properties over 40 years of age and listed on the City's Historic Resources Inventory to help preserve potential Historic Resources. 25. Historic Resources - 9.01.050, p. 1.7 Council preliminarily supported Section 9.01.050 which would help users of the Zoning Ordinance identify the various provisions throughout the code that address the treatment of Historic Resources and properties identified on the City's Historic Resources Inventory. Furthermore, Council preliminarily supported requiring that a Bed and Breakfast use only be authorized in residential districts within a Designated Landmark structure. These proposed amendments are reflected in #3, #5, and #10 of Attachment A. 26. Long -term and Short -term Issues Council concluded the study session by providing staff direction concerning several additional short-term and long -term issues. The majority of the short -term issues involved specified revisions to the Draft Zoning Ordinance while some issues would require a longer timeframe to consider and implement, if possible. Short-term item 1. Prepare a Resolution of Intention to amend the LUCE for the Planning Commission to consider the removal of the Lincoln Boulevard and Ocean Park Boulevard Activity Center. The Resolution of Intention was prepared and the Planning Commission adopted the resolution at its April 22, 2015 hearing. Draft Zoninq Ordinance revisions In addition to addressing the subject matters that were addressed in the April 14th staff report, the Council also provided preliminary recommendations on potential 19 modifications to other matters addressed in the Zoning Ordinance Update. Accordingly, staff has revised the Draft Zoning Ordinance in accordance with the preliminary direction and this revised language is also included in Attachment A. 1. Section 9.31.040 (D) would be revised to: 1) eliminate the requirement to purchase food with alcohol service in Condition #1; 2) eliminate the prohibition on dancing in Condition #11; and 3) establish an appeal process for restaurants of more than 50 seats that obtain an Alcohol Exemption Zoning Conformance Review. These revisions are set forth in #18 and #23 of Attachment A. 2. Section 9.40.020(A) would be revised to establish a Pico Neighborhood development review threshold of 7,500 square feet and identify the specific boundaries of where this threshold would apply, #24 of Attachment A. 3. Section 9.43.080 would be revised to establish that Fence, Wall, Hedge Modification applications involving a previously registered fence, wall, or hedge shall be through a discretionary process established in 9.43.080(C) with neighbor agreement only in circumstances where there have been changes to site conditions such as a neighboring structure becoming taller due to addition or remodel, #26 of Attachment A. 4. Section 9.21.020 (D) (2) would be revised to authorize an accessory building to be taller than the principal building, #11 of Attachment A. 5. Section 9.52.020.1900 would be revised to modify the definition of "person. ", #27 of Attachment A. 6. Consider alternative ways of determining the front yard and setbacks for irregular shaped and corner lots. Staff analyzed this issue and recommends revised language #1 of Attachment A. 7. Revise the Conditional Use Permit threshold from 15,000 square feet to 12,500 square feet for individual tenant spaces in the Mixed Use Boulevard Low (MUBL), Mixed Use Boulevard (MUB), and General Commercial (GC) Districts. This revision is to footnote (19) of Table 9.11.020 is #6 of Attachment A. KII Long -term issues will require inclusion and prioritization within the Planning and Community Development Department work plan. Long -term issues 1. Reevaluate the feasibility analysis for project prototypes to determine whether the Transportation Impact Fee, Parks and Recreation Development Impact Fee, and the Affordable Housing Commercial Linkage Fee can be increased greater than a factor of 14% for Tier 2 projects. 2. Consider the appropriate planning processes to establish zoning standards in a neighborhood -by- neighborhood manner to address the uniqueness of each area. 3. Review and establish zoning standards for Pico Boulevard along with the development of zoning standards for the Pico Neighborhood. 4. Analyze whether Tenants in Common could have the right to convert their residential building into a condominium. 5. Analyze the appropriateness of the housing /office ratio of the approved Bergamot Area Plan. 6. Review whether 2 "d floor balconies should qualify as parcel coverage when the R1 District zoning standards are re- evaluated. 7. Include all appropriate accommodations in the City Council Chambers for all persons with disabilities, specifically audio /visual. 8. Assess whether there are mechanisms to ensure that Live/Work units can be more affordable to artists. List of Clerical Corrections /Clarifications to Draft Zoning Ordinance As city staff continues its review of the Draft Zoning Ordinance, a list of clerical corrections and clarifications is proposed. This preliminary list is provided in Attachment B. 21 Next Steps Second Reading of the Ordinance is currently scheduled for June 23, 2015. The Ordinance, if approved, would become effective 30 days from its adoption. Financial Impacts & Budget Actions There is no immediate financial impact or budget action necessary as a result of the recommended action. Prepared by: Amanda Schachter, Planning Manager Barry A. Rosenbaum, Senior Land Use Attorney Bradley J. Misner, AICP, Principal Planner Tony Kim, Acting Special Projects Manager Approved: D Lam® David Martin Director, Planning & Community Development Forwarded to Council: L`' e Elaine Polachek Interim City Manager Attachments A. List of Changes to the Draft Zoning Ordinance as Preliminarily Recommended by City Council on April 15, 2015 B. List of Proposed Clerical Corrections /Clarifications to Draft Zoning Ordinance and Land Use and Zoning Related Provisions C. Draft Official Districting Map D. Ordinance to Repeal the Existing Zoning Ordinance and Add a New Zoning Ordinance, to Repeal Land Use and Zoning Related Provisions of the Santa Monica Municipal Code and Add New Land Use and Zoning Related Provisions, and to Implement the New Zoning Ordinance by Repealing the Existing Official Districting Map and Adopting the Final Official Districting Map — with the following Exhibits: 1. Draft Zoning Ordinance (see Attachment A of City Council staff report dated April 14, 2015) 2. List of Changes to the Draft Zoning Ordinance as Recommended by City Council on April 15, 2015 (see Attachment A) 3. List of Clerical Corrections /Clarifications to Draft Zoning Ordinance (see Attachment B) 4. Draft Official Districting Map (see Attachment C) 22 5. Division 6, Land Use and Zoning Related Provisions (see Attachment D of City Council staff report dated April 14, 2015) E. Resolution Approving Land Use and Circulation Element LUCE Amendments 1. LUCE Amendments F. Resolution Approving LUCE Land Use Designation Map Amendments — with the following Exhibit: 1. List of 111 parcels — LUCE Map Changes 2. LUCE Land Use Designation Map (see Attachment G) G. Draft LUCE Land Use Designation Map H. Appeal Statements I. Resolution Adopting Initial Study /Negative Declaration J. Negative Declaration Memorandum 23 ATTACHMENT A DRAFT ZONING ORDINANCE List of Changes to Draft Zoning Ordinance as Preliminarily Recommended by City Council on April 15, 2015 Modify the following language in Section 9.04.110(A) - Determining Parcel Frontage [p. 1.24] Cotner Parcel. TI-x txxx- of- zrintj et-f- ;+lae trnrrewes clunererenrt� l-1-i; ;nc- e1- �titJj ,tmer- tcenhige: For corner parcels wn}r- egtval- sireei ?rerrEyt,r duncnsioss, the front of the parcel is the street frontage that is consistent with the prevailing street frontage orientations along the block where the corner parcel is located. \4odify the following language in Table 9.07.020 - Land Use Regulations -R1 Single Unit Residential Districts [P. 2.4] Transitional Housing Adult Dav Carc I CUP I I F-' ° "' In,l °' °"' CUP I Section 9.31.120, Child Care and Early Education Pacllities Education Farllihr Bed and Breakfast I CUP I Within Designated Landmarks only. Section 9.31.090, Bed and Breakfasts 3. 1A4odify the following language in Table 9.08.020 - Land Use Regulations -Multi-Unit Residential Districts [p. 2.18] Use Classification R3. +. ' R4' additional Regulations for uses iwthln specified areas, see 9 08.030(A) WiPhin Dosigna ed ndmar<s on Bed and Breakfast CUP CUP CUP La Section 9.31.090, Bed and Breakfasts 4. Modify the following language in Section 9.08.030(F) -Development Standards [p.2.28] Courtyards. Parcels having a width greater than ninety -nine feet and located in the R2, R3, or R4 District shall provide a courtyard c- interecl on the lot. Courtyards shall comply with the following design criteria: 1. Courtyards shall be no less than ten percent of the total lot area and ehersi�e- clesignrd --tH aecoilmn yd'{e'iI aIrea -no( in no case less than one thousand square feet with a minimum hvidth tine[ kn ;,di of eighteen feet measured parallel to the front and ii de parcel lines. Required setback area shall not count toward the minimum width and tcmt III or one thousand square foot requirement. 2. Courtyards shall be open to the sky, but may include permitted projections set forth in Section 9.21.110 for side yard projections 4;uortvzreei:khe- <isi{jte > n3d- nea , rkhle- from thrriElea =•.Fh -imd cich- ,Vouad- 43so3 -iinit If mechanical or utility equipment is placed in the courtyard, it shall be screened visually and acoustically and shall not encroach into the minimum courtyard area. 3 _ Auildtut;�_ hill cncloar <ourFy�rds a miniinum of �0 °h of i[a puinuica 4 _ (ourl -ati rcls 'dull lie visiblo and accessible from flit sill. ant each pound floor mitt. Couri mt rd, Shall ho viable from the MICH with a lummitun ten foot w e oZ?Ast Iii[ is open to the situ Fit opcilmlls ks than 18 iccl: io width mio mm9r uck he d<Irih of thS. opcnmv slnil not e�cec't htli(e the wiShh_of tic. ow'1111w. >. _ AI lc t.rl 50"4, of c:ou,ayud nca, sb Ill he�sla htcd _p usnan[ lo Sc( lion, 9 26 060 and 9 2C.(�Plahiting hall be el nt tdc or it, ftnnhed olimej�; not eacrcclimeIS tnclxa above filliemdI rack AI lca,t one c anolp' t_ec u. a tree will puvidinu a minimm h s ail vohuuc mcsuent to Section 9.26 U50 51 3 shall 6= planted ill all courh"ardr,. 6 _ The ma'oWy oCl7rngarr entrances 'cr all n)oiuid floor n ils shill be a xci %cd from Ili slue_ riont,15!c or <ml l l f_s_rcd, 5. \Modify the following language in Table 9.09.020 — Land Use Regulations -Ocean Park Neighborhood Districts [p. 2.33] Use Classification ':OP1 OPD OP2 - OP3 OP4 Additional Regulations Adult Day Care -CUP CUP CUP CUP CUP Child Care and Early (Ocean - Standard "' MUBL " Section 9.31.120, Child Education Facility _CliP CUP CUP CUP CUP Care and Early ''Blvd) , & Pico. Street) Education Facilities . Regulations -Blvd) _Within Designated Bed and Breakfast — — CUP CUP CUP Landmarks only- Ave " Section 9.31.090, Bed Section and Breakfasts Modify the following language in Table 9.11.020 — Land Use Regulations - Commercial and Mixed -Use Corridor Districts [p. 2.49] Specific Limitations (19) No individual tenant space in the Iv1UBL, NIDB, and GC Districts shall occupy more than 1,8HH 12 S00 square feet of floor area and /or exceed 75 linear feet of ground floor street frontage requires sri4olit -the approval of a Conditional Use Permit. (21) Permitted if within buildings existing as of the date this Ordinance is effective. All new construction, nu hiciiit new utdr tig3r of 50"4 m: more ad li ton rl sdlt,}ge foolat o m ctitsti building al nm+ onr ume, <,�I_ia }u� manlalty- iflu dre.eticcui � d itc of Ihis Ordinaoce, requires approval of a Conditional Use Permit. Nfodify the following language in Table 9.11.030 — Development Standards - Commercial and Mixed -Use Corridor Districts [p. 2.51] 8. Nfodify the following language in Section 9.11.030(A) — Development Standards [p. 2.541 Active Commercial Design. The ground-floor street frontage of buildings on c0M_ITWIJc_ja1 b, ig rlev_ards shall be designed to accommodate commercial uses and activities, subject to the following: 9. Nlodify the following language it Section 9.14.030(A) — Development Standards [p. 2.751 Active Commercial Design. The gromid -floor street frontage of buildings on conunerci�d boulevards intended to accommodate commercial uses and activities shall be subject to the following: "GC NC ' GO(Satrta`� (Ocean - Standard "' MUBL " MUB ' ` ' 11 Monrg1 (tinco/n '" NC' NO (Main :Park Additional ''Blvd) , & Pico. Street) Blvd & . Regulations -Blvd) Montana Ave " Section Maximum Building Height (stories /ft.) 9.04.050, Measuring Height No limit Chapter 100% No limit No limit to No limit No limit 9.64, Affordable No limit to to No limit to to stories/35 to to Affordable Housing stories /47' stories/ stories /35' stories / 32;40', stories /35 stories/ Housing Projects 55' 40' -; on Pico 32' 3532' Production Blvd only Program 8. Nfodify the following language in Section 9.11.030(A) — Development Standards [p. 2.541 Active Commercial Design. The ground-floor street frontage of buildings on c0M_ITWIJc_ja1 b, ig rlev_ards shall be designed to accommodate commercial uses and activities, subject to the following: 9. Nlodify the following language it Section 9.14.030(A) — Development Standards [p. 2.751 Active Commercial Design. The gromid -floor street frontage of buildings on conunerci�d boulevards intended to accommodate commercial uses and activities shall be subject to the following: 10. Modify the following language in Table 9.15.020 — Land Use Regulations- Oceanfront District [p. 2.72] Use Classification - OF Additional Regulations Bed and Breakfast CUP 6Mthln Designated Liulmarks only. Section 9.31.090, Bed and Breakfasts 11. Modify the following language in Section 9.21.020(D) — Accessory Buildings over One Story or 14 Feet in Residential Districts [p. 3.5] 2. Maximum Building Height. The accessory building shall not be dnig}x H- 4rmr -tl3e ux tpal- buildiop, and -io do -ea;,e -shall_ not - exceed two stories or 24 feet in height. 12. Modify the following language in Section 9.21.030(B) — Development on Multiple Parcels [p. 3.61 Except for 100% Affordable Housing projects, no multi -unit residentially zoned parcels shall be combined in ownership, or enlarged in size in any manner, so that: 1. The combined parcels contain an area greater than 7,500 square feet in size. Any parcel that exceeds 7,500 square feet in size existing on the effective date of this Zoning Ordinance shall be a legal, conforming parcel. In the Occur Paul: ACnitt_i ltiyt A4 tnhbonboo�l_Districrs the combined nurele cottliun an area {i""ter n 5000 sdnare feet of he combined �n `eels' width excec_[s 50 4<t In tlrc Occ. n Rtrk Multi Unit Ac:. libolhood Disnios, �y_4yarccl tlnii cscecds i 000 quiw feet ti size or no fect in width eaioint,on be Afecinc date of this Zeut�hcGn,uice 1h111 he t Ic ,rcl,y� ;_Grc�nin� �arcea. 2. The parcel fails to comply with any other requirement of this Chapter. 13. Modify the following language in Section 9.21.200 — Residential Uses on Commercial Parcels Adjacent to Residential Districts [p. 3.221 117. Aohttdnstautdu u_ nc cseutons iVl Ind B, if tlu. residninil Ilse becomes a comcne_rein,l Ilse. (lie s mdards of ihn Sc( n tihalL n� lonclo�� e.t app,(y, 14. Modify the following language in Section 9.23.030(A) — Qualifying Benefits [p. 3.34] Affisolable- Housing. All Tier 2 projects must meet the following requirements: I - Applicants proposing residential and mixed -use projects shall incorporate the following: a. At least 50 percent more affordable housing units than would be required pursuant to Section 9.64.050. b. On -site affordable housing units shall be affordable to 30 %, 50 %, or 80% income households depending on the percentage of affordable units being provided and, subject to (e) tluoiiiik- {e) -�o€ this subsection A-L, shall comply with all provisions of the AHPP, - including unit size - noel- iyl)c. The additional affordable housing units provided pursuant to this subsection (A)(1) shall meet the same requirements as the affordable housing units required pursuant to Section 9.64.050. None of the affordable housing units provided pursuant to this subsection (A)(1) shall include Moderate Income units, as defined by Section 9.64.020. C. Affordable housing units required by this subsection (A) { -l) may be provided offsite, pursuant to Section 9.64.060, if the affordable housing units are owned in whole or part and operated by a non - profit housing provider for the life of the project, and the Certificate of Occupancy for the affordable units is issued prior to or concurrently with the Tier 2 project. eF ,` ifrnrose�ih ;cs- r2f}1�c�reeni- o {ihe- ton; rntrn ;k>er+�ft.+ntttrhE;- .h<�- rrsndc n +i:rl- or- nnitieelms`- fmjje�c{• sbsll -be- iwhtr- cuxife: c- �Tkast- 60- j3ecccectf�ke LuwL- fzurrztber oE- untE.`, ol- +6c- istde +iirtl ernni:rcd- use- prejee -t _smell be-I v erFiee}feaerrot�4rer_rbev h oem�n'rs. 2 ____ i7nrl Atsti_sipflt<anls notoui,{ � xl uu cl_aud uv�cd- ns�moiu.t; slr� tncojporatc ihu followi +e: ;L For alfordablc housinp, wri r. i. The 33 c t x>;e 1111m1, t of beds oo n"', I-of -All of ilie ltoll�^uic- units tih dll beal Icrisf 1.5. 7 oc purpo cs ofcil uluily hi wen we nice bedroom iinil, slftdl fount gs ctnlrod Igoms -. h. loi all r cmaflulw lmil,� L Al 1 asf I0 pewell( of tj3,r lemunm}, unirsS)Jl be dnue bedroolu wits', tni raanw wilnhcr of bedloolus Pot_lll of tlic rcnnnnin. klilits shall be at It to 1,,5. pw x3ee, g1 c daihlino hiti n cr_ a Iiy�u nits wuh more. „tli m Ihrce bet r olns Ir tll coontis ha i,Ihw(e Ixdrooms. C. _11ic [Ju ec (gt nml nlpi t wimecc Irom (hi”" unit mitt toquiremeot pursuant to the regnnuucn s od proecdut<ti for Waivers ill Chaplei 9_,.13, &Wivaljoll Fes. Applicants proposing non - residential and mixed -icsg projects shall pay a housing mitigation fee 14 percent above the base fee as required by Chapter 9.68, Affordable Housing Fee for Commercial Development Program for that portion of the floor area above the maximum Tier 1 floor area allowed by this Ordinance wi iz,cd c unmercially. 15. Modify the following language in Section 9.23.030(C) — Qualifying Benefits [p. 3.34] Open Space. All Tier 2 Projects shall either pay an additional Open Space Fee (OSF) 14 percent above the base fee required by Chapter 9.67, Open Space Fee Program, for that portion of the floor area above the maximum Tier 1 floor area allowed by this Ordinance, or provide publicly accessible open space that complies with the following requirements. . 1. Minimum area: 1 -5 30 -7 500 square feet of usable space. 16. Modify the following language in Section 9.28.040(A)(5) — Calculating Off Street Parking and Loading Spaces [p. 3.66] b. Maximum Amount of Parking. The maximum allowable amount of parking shall be two spaces or 5 %, more, whichever is greater, than the quantities specified in Section 9.28.060, except for permanently public parking. In order to obtain approval for permanently public parking in excess of these maximum allowable amounts, a Conditional Use Permit approved by the Planning Commission shall be required pursuant to Chapter 9.41, subject to the following additional required findings: (1) Parking provided in excess e xxlc seereel�ses- is- t }ia -etta r,- t•:repe'i- rfrrt�irpnkrlic, —Ind improves the pedestrian, transit, and bicycle network; 17. Modify the following language in Section 9.28.050 — Parking Requirements by Zoning District [p. 3.67] To implement the parking policies of the General Plan, Zoning Districts parking rec eiireUrcnts for those arc -,lu m tJi re ,rnont di.:te �lic_mllt ofhi,l) 41, di transit �tatio nns of sto)s and the f 1,oiorial Park Specific Pkoi ut a differ Rom all o l c ue:L Ot Ihr (�ittt,k.�s =e beea�k;- ided- is -?.-e 31 e>; ies: -lf cr- cl+;nsiiy -ire.. �;+ker eery -eh�� pxr_n -t tin ci - Ka ' fly- n�t�d-- nnr>Fe liar4ang- lertcsltc'vc {nrspaN�c - rsE;ridertHa`r- sheets -m acc r»s;tr>c -iMC An Lery�tm €wat a'sttars -c�n<i sinappet- ,;and{rig{aY llenerta- -and tttrr3K- eixrrted a�w_ -s �,vket e- t-hcv- tr- ;;te;tfee o>1>arktrrify- ks -teky° i(e11? wit' f4-- trYl3ifi'. it( ��tttifitHitlld {_:- fifi1- y1Y }(-9;�L }-j( Cpl:' K<`;? it��- .diHilL�l %th.H�f {i.' -51 {* ��t{- ei!(3fieS- tl3tii eex ee::penfl to Fleu!t 978_.QS(1 de vs n_}tes which areas <oostihatc the Afrred UU, I'fat sno+talion Disler „Is u {etenced in Table 9.28.060, which lists the off -street parking requirements for cn <lrsise- etssstHetuiarrns- encn -r crfithe 2 -kri rl tnc?- cargo- =;ertl Utssd Use .'I i utti�mta[ion District tnd 111 oth,�r ucas Citl•rtidc (l �xcluchntz�> the \1LxcdtUs lrem;i ttllou Elstficl). - -� FIGURE 9,,28M50 MIX- -IIM USE TRANSPOR'T'ATION DIS [ RTCT'_AND VIC1T`�t1 tVC?1 -' I- 1iCFd1 [JAI,T'7'X TRANSIT (Figniz io be provided the week ofApil27, 201 O(1- StioOt P++ktng Regulations Zing Distacl -Mked US& fianspodalion Districts Nifaed Use Boulo -vardd Welsh ja BoWeva d from Lincoln Boulevard to 19 "`- Stheeland from 1 -1 Gou.H0 1911, �,Preot, south --side Colorado Ave+wo from 201' Sti eet-to Clovehfield Boulevai<4 soutlaoide —, 4 "' Street- souN+ol Olympic Drive, oeot side: Mixod Ueo Boulwvarcl L yr &mW -Mon ea Bollevardf f om 2',1 Strewth asterrrcity limitj B4oadvvay 5orm to 261" r3heet Culca ado - Ave+lue B air a- Lincoln Cori if to Cleveriold 6oulcward Olympic- Bonleva�cl fin+n -'16,n �He�eNo -�ru, Street; Mee Boulevard from N(Ason Way- toe+stem city -Imu[ including aa,, +rcothofBickno.ItAveuuo and - Gra+>t Sbrcet. Parke, -and -Open- Space: -roes bowided- by -Oeeao Avenue, Oalifurria- Avenuo, Lincoln Bouleva:el -la +t{ Malliaa Boulevard Continela- Avenue and Ocean Paalk Boulevard ind flro a+eu bounded - by-Malnr�tmot; Goloiadc Avenuo 4„' Stleot, and - Pico- Boulevard'. Gorroy;MSemnreromlt Pico- Boolevard tram lfacolo- Boulevard to i- 4- "'Brunel L+noolr +RoWewaicrfiom Santa - Monica heeway -te OcOan -Paik Boulowofd; aSalita-MoIlica Eouleva +cl -0oruacrdloor Lincoln Court -to 2610- Stroot M1!eigFiborlaoodSorn +nercfal: Otynapie Boulevard from -14 °i SN'ec- fie- dCvr "- Street; RleaBoulevand -from Maio- Gourt-to Sentinela- Avenue, M4cbigan Avonuo front FueliCl- St+oet to-1 41" Comf ,, 14' "- Street from- Michigan- Avenue -t9 -Rico Bo flevaFd. Main -Strroat from Bay-to- Strand+ _ Bergamot- Speei€ib- Nan -Dis €rick Downtown Zpeeifie- Plan - District Mealtkcare- Mixed - Use= arebounded-by= {4"'- CoHik-i IflGbbe Boulevard: 16 "' -Gault -and Santa Monica Boulevard; bird area between 19'" Goaht� VV4lsHlre BOLIdeva+cl 23", Street -and Broadway, Ocean Front District. area bound y mat including Santa Monica-Her OeoanAve hetwoon Sant,!}- Monica-Pie+ and Pay Stl eet,Bay Street between iiGeaH- ,hv @IV80- 3Hd- 0csa+ ",Fi'flnt Walk; -and- the- Paelhc- Ocean -.- tnduetrial- Gonse+'va€ieW - areaeast -Of I-McCor, CGUItj south -of Golorado-Avenu&, west ofStewart lt+eet- and -north oNhe+107 civic Center InsfifutiouaVRaBatt�LOFIC1 :aroma- Neunded by Main Street, Olympia -Dnvc Lincoln Boulevard; Arizona Avenuc„Yale t, imet, Stewatt Street and Oceaa -F,4, rf ( Boulevard Office - campus: Oise -cast of Glovertrold- Eioulrava+d north -of Olympic- Boulevard; south of Bieadveray anal -wart Of- Steo,ot Sheet: Rosidondal -P CoHC-aetoie G ©taeefVatien Di @h7CCi5 All Remaining Zoning -Dish tore FIGURE 9,,28M50 MIX- -IIM USE TRANSPOR'T'ATION DIS [ RTCT'_AND VIC1T`�t1 tVC?1 -' I- 1iCFd1 [JAI,T'7'X TRANSIT (Figniz io be provided the week ofApil27, 201 18. Modify the following language in Section 9.31.040(D) - Alcoholic Beverage Sales [p.3.111] Alcohol Exemption Zoning Conformance Permit. 1 ___......_.._.:Limited and full - service restaurants that offer alcoholic beverages incidental to meal service shall be exempt from the provisions of the Conditional Use Permit requirement of Subsection (C) of this Section if such a permit is approved in writing by the Director and if the applicant agrees in writing to comply with all of the following criteria and conditions: ki. The primary use of the premises shall be for sit down meal service to patrons. Alcohol -afi ll not be �crt °ed �r iieesr c ae]>t- tl3oae food, may lkl:. �$trdsacfnr- Pr- tnrtt+ eel- Entertainment may only be permitted in the manner set forth in Section 9.31.290, Restaurants with Entertainment. - I Rl1h res> � g_ -6 "Jon of Vcoho Fxcmplioii 7,o omng Coti Eoim iu( n lcrrnih „Eor u sLnna�rts with over 50 5�)I:, witbuh)wo�rvmcss dgn's whin the da sLrtyth delu�d,tnoo b;is 19. Modify the following language in Section 9.31.070(C) - Automobile /Vehicle Sales, Leasing, and Storage [p. 3.120] Development Standards. Automobile /Vehicle Sales and Leasing and Automobile Storage uses shall comply with the development standards — including but not limited to maximum height, maximum FAR, and minimum setbacks —for the respective District or Districts in which they ate located. If the development standards for the respective District or Districts conflict with the standards included in this Section, the standards of this Section 9.31.070 shall apply. The following development standards apply to Automobile /Veltcic Sales and Leasing and Automobile Storage uses: S _ f h1l r\ Tie I cLN,-p nsioh of an c�tsting tilo dcil( .rt Eicibty shall be illoii cd au tctdihc�n:�l ,25 iA l� _ihov� tli_r_inri iniuin'7'iu e 1_linii l_ — :3111.. Special Rules for FAR Calculation. Below grade auto dealer facilities shall not be counted toward floor area in the calculation of FAR. Areas devoted to rooftop parking/ automobile storage shall be discounted by 50 percent. 5 ...... O rein imuit Rester A 1)evdo unuhi Rm'iess Permit slh 11 he resulivcd toi �1111' exf Iasion e<<eedltre; >S 000 scpi it< h•et o(, m c vating__tllo dealer fiictlm° wiilhin flleTiuy 1 lml min m imils. 46. Transition Requirements Adjacent to Residential Districts. Where an Automobile /Vehicle Sales and Leasing Use is adjacent to a Residential District [except for Qualifying Parcels as defined in Subsection (D)], the following standards apply. 20. Modify the following language in Section 9.31.120(C) - Child Care and Early Education Facilities [p. 3.1321 Organized Outdoor Activities— Hours. If the Child Care and Early Education Facility is located within or adjacent to a Residential District, or adjacent to a residential use, organized outdoor activities shall be limited to the hours of 8:00 a.m. to 63:00 p.m. rn sun so ec hie lwv r cones ro st, on weekdays and 9:00 a.m. to 48:00 p.m. or at e( s hie hr�ei coi hc,; (rh on weekends. 21. Modify the following language in Section 931.140(C) - Family Day Care, Large [p. 3.134] Hours of Operation. Large Family Day Cares shall not be limited in hours or days of operation. No outdoor play is allowed before 8:00 a.m. or after 68:00 p m. of sw i c wlhic -s ej comes firs , on weekdays and 9:00 a.m. to 48:00 p.m.-or r +u set wb iche ci eni hes Fim on weekends. 22. Modify the following language in Section 9.31.185(C) — Medical Marijuana Dispensaries [p. 3.141] Number and Location. A maximum of 2 Medical tlfarijuana Dispensaries no larger than 2,500 square feet shall be permitted. Medical Marijuana Dispensaries are prohibited within 600 feet of a Child Care and Early Education or Family Day Care Facility, park, school, library, oSocial Service Center.-or other im e,(Ir al Vl,Mijumn a l>a pcnsa �.�. The distance shall be established on the date of application for the Conditional Use Permit. 23. Modify the following language in Section 931.290(A) — Restaurants with Entertainment [p. 3.152] Restaurants may provide entertainment including but not limited to music, DJs, song, dance, stand -up comedy, and poetry readings for the patrons' enjoyment if they meet the following standards. 2. There is no ]window[ o iem>o a1 v chi r1c ag, or dance floor or &,t I cc area for patrons. 24. Modify the following language in Section 9.40.020(A) — Applicability [p. 4.19] Except as provided in subsection (B), a Development Review Permit approved by the Planning Commission shall be required prior to issuance of any building permit for the development if any of the following: 1. Any project that exceeds Tier 1 maximum lirmits; 2. All new construction and new additions to existing buildings of more than 10,000 square feet of floor area located in Residential Districts or more than 7,500 square feet of floor area in Neighborhood Commercial and Oceanfront Districts; 3. All new construction and new additions to existing buildings of more than 15,000 square feet of floor area located in Nonresidential Districts not specified in subsection (A)(2); 4. Notwithstanding (A)(3) above, all new construction of more than 30,000 square feet of floor area of a development project containing no more than 15% commercial floor area located in Nonresidential Districts not specified in subsection (A)(2) 5. ._ AToIN idistsma fiat, (2) and ,�)(1 ihov(• �m I ruin lv ad, o r ioi of ii Pico t�eit�IA oibood Phw,.all new <onAroclion to 41 now additiow, jo dXiytinrmldtncs of mole ih,,m 7 )00 upaare (det_9f floor uy,r loc -ltcd in tlx Ptco Ncighborboodl ,pica. l31GTJI2E-9vt0.020(A)_ PICO NEITGHBORHOOD AREA Aniffli A Ti HORI11- VDIE I '3 'r I AIN RUM IN if, Jllltllltll[{�I III Y1 n RIMPFIR I yfl N I RM 1011 R I 1 9 It T5111191 FJ " III I 1111BIRM11 FRA R I R-1 r" AIRPORT 1111figpi KIN 61HIN 1 --shim ylgqq N7wv,, - ii QJ 11-111"I A4111,1,101, at All, LEO wif T, DIV 1jelff Itl JT nr Q I'm f 170 MEN W710 --j— [`1 It I 11rdplialfujIll R U11111 EMOM ON 9 Iftim DEM oil LIM IMAW ME N 'I on TM11 '44 IT, ID, ff in NOW 60 NO R It[ 4m, 11 j MMA TIN�nitrrlta ffamm HE I z 1,04 1 kril� j) 5121 0 IN 4 INV In fir_ 111 MIMI INOMOO w 04 my ............ -fl -- At b ON OWN REIS, 11MER6 4, Ell = Im OW L54ON fl 01mrilm' M VIA 6% 3001 P9 awl L41-0110 UT 4m, 25. Mcdify the following language in Section 9.43.050 — Applicability: Fence, Wall, and Hodge Height Modifications [p. 4.29] C. [to s e cd Exe, Ic (Inning Fences, Walls, and llcd�cs, Di,,�crctionar, Procedure. —'gi-kr - _ooL --- -_ --- Procedure. - - All incleased tnoxil-ollm 11c-ielll oi le-isdel"'] 0 lences, IN"Als-all( ollforl hedoer oursl7s1 t to Secdon 9.21.050M) 1'J J I') 5Q?Z"nbo<'C-the 11ci g61 of 1110 rms(ricd lcnc(' wall, or hrdge ve(julro'llmoss Ified in 5kcftoII9.' pllroccdtll-(--v imd Pc(wiralll-dngn ot j Cl ', 12,1t Modilwatiojls. 26, Modify the following language in Section 9.43.080 - Procedures and Required Findings for Fence, Wall, and Hedge Height Modifications [p.4.301 C. _____--1 leight Alodification of T"Ie �Wafls and ed � s- _Lh g� owner ma,v rqunj lip to 50'Y" ahowc the Im , fa Ic};Istered � sts un,i_ndl,y� or.f ornm� fenco will. dnou h a Dtttc lot hcailnjy subject only, in tln follovVill" furduu,_:, or he d,,c if i djiw bw t not limited tq du coda; ruction of nn additional rsfoly or stofic_to o -,xis l_ny; snL7?cSllc: 3 7hc uihe ,hgvc,wall of he -d will bc, eompalhlc will oillcl simibi silnehiles an the net+�iibothood_ and is teyimcd to mtu tic i111pinls from �lclrweot hurl Boca, the subject pnopuii,�s xovmity to public tt _lifs of s� v. or cilciy coucern�,. mocldtcalion will not be dUtmlcilcil or u}imious to the mom m or inItu of emenis m Ibe >Le r it s,juiu ^tad diso Ct in wluc h laic ptoperIv is Ioc.Ited;,anc 5 _. ':Ihe tnoeli if( at on will not ionpair the inter l ar, and eh ifactea of the aeipliboi liood in whicil diC_ fencewall of he d" C, I s loc3l[ecl 27. Modify the following language in Section 9.52.020.1900 - Definitions [p. 5.411 Petson. Any i+ncli°rid rd, naturalpu ion of oullcr C1 tfih', racof atacd bs C�ilifornt. lasv as auch o](lnc[ n alum, association, organization, partnership, business trust, company, or corporation. 28. Modify the following language in Section 9.28.180 - Reduction of Required Parking [p. 3.93] _A.__ Vxnnt)_,.,gf IIi 11 ,iltt '1 `t:Iysnt Aon- resrduvi�opews locaua eltlj,�_ranc \ is mity_ol Ericrh (,hialrly- Cruz q it i cptn iel( hunted in 1 u 9 2$ Oo0 nraf Iw rl [ ibbeto -proiid" p;trlcill at die. iblix d I jw, l rtnsixn :lailnn Dtsu l r ur ,ed(t� d m l njs 9)9.(1(0 P alcnu Rcg lilfions I)v TTisc uid I )islIna t I he i Itcti2l�,ah d1 hivo -Ow burdeea _oColoof for 2 reduction ill the trail nno'ill ("tot tour lsd:ici�v> s>u cs' >x�.a�d douunenl tttoi shall be submitted ubsintitiauno the reasoos foi_this tcqucstcd parking is 111(rion.. isc i iced I u>,r�s1 +lIbe looloved onhv if olivnec evil_ CranspolI cl tion Demand 1\ b1 if tcilf,11t 7e�n,Uur casts is demonsh';tted or su'Itcupl_ cviduuc B llroviJcdjhgLtlj e o will Comtly, c r . to the stiisfaction cif the Director fiat the p rile -,G >c Jti € , Ilpplicd will lice l du peed, o f tlic on uc _t ;es and 3. Addiitu .IIt 1 recjtiicemenls" icslue lion.11 _ gtecments as cteemcct ncc easan, by the Dkcecr�tre grclucledh- asluucmantO to_cnsurc dial dap pukiuv, will ,tusk- d.4' itcccls of tls m -si site uses. 29. A4odify the following language in Table 9.28.060 - Parking Regulations By Use and District [p. 3.69] TABLE 9.28.060: PARKING REGULATION$BY USE AND D{STMOT- LOCATION -:- fiesic7a +76a! -cC-. Coyatate+crat- Ger+sein++atteri Land Use Classification Disl4cls CitLmdo (Exehidiria the Mixed Use Mixed Use Transportation District-, = Transportation Distncl] ATTACHMENT B DRAFT ZONING ORDINANCE List of Proposed Clerical Corrections /Clarifications to Draft Zoning Ordinance and Land Use and Zoning Related Provisions Modify the following language in Section 9.01.040(A)(2) – Applicability [p. 1.5] Compliance pith Regulations. Except as provided in this Clutf, r-Zoning Ordinance, land or buildings may be used and structures may be erected or altered only in accordance with the following provisions: 2. Modify the following language in Section 9.01.040(D)(1) - Applicability [p. 1.7] Ptetdously Approved Development The erection, construction, enlargement, demolition, moving, conversion of, and excavation and grading for any building or structure for which a valid discretionary permit or building permit was issued prior to the adoption of this Ordinance and which does not subsequently expire. A discretionary permit does not contain an express limit on the time for exercising the permit shall be deemed valid only if a building permit is obtained within one year of the adoption of this Ordinance. No tune extensions, including any that might have been authorized by any discretionary permit or building permit shall be granted for an)' discretionary permit or building permit approved prior to the adoption of this Ordinance; 3. Modify the following language in Section 9.04.100 – Determining Parcel Coverage [p. 1.24] Determining Residential Parcel Coverage 4. Modify the following language in Table 9.08.030 – Development Standards -Multi -Unit Residential Districts Standard 'for development standards within -; ;R2 R3' *'R4' Additional Regulations: speoiC�d areas; see 9.08.030(A), No less than No less than NA No less Courtyards — Parcels over 99 feet in 10% of the 10% of the than 10% of width total parcel total parcel the total parcel area. See (F) area. See (F) area. See (F) 5. Modify the following language in Section 9.08.030(A)(1)(c) – Development Standards [p. 2.22] Maximum Unit Density. For parcels four thousand square feet or more, die maximum unit density shall be one dwelling unit for each one thousand five hundred square feet of parcel area or four total units whichever is less. For parcels less than four thousand square feet, no dxvellaig units shall be permitted, except that one dwelling unit may be permitted on any legal parcel which existed on September 8, 1988. No more than one dwelling unit shall be permitted on a parcel forty feet or less in width, 6. \Modify the following language in Section 9.08.030(A)(1)(i) – Development Standards [p. 2.23] Development Review. Except for projects listed in Section 9.40.020(B), a development review permit shall be required for any development of fifteen -ten thousand square feet or more in floor area. Modify the following language in Section 9.08.030(A)(2)(c) – Development Standards [p. 2.24] Maximum Unit Density A minimum of fifteen hundred square feet of parcel area for each dwelling unit., or four units total, whichever is less. However, one duplex shall be permitted on any legal parcel that existed on August 31, 1975. 8. Modify the following language in Section 9.08.030(A)(3)(d) – Development Standards [p. 2.251 Maximum Unit Density oy- a�iis�torie- stiuett3c- -aael� kst- eeeriply-- tsith- tke' 3cecetar} ��1- lnfeeicx' s�; fYn< larr }s- fe>H;ke- Teeaknertt�Iistoi'ie Rte> perties;- rneli- unti-: rparhvrerte- urrtt�vkeee- F�eenty- €tve- pereen4- rTf -tke- units- are- tltiee- l- �edtooms -c>i tar -gei; si:�ty- sty- j- >eteent- Fr�thc ternxinia�urri{s -aret; t�vcrkedtoerms -oi- larger- an<l -tlxe- project- is- cegisteted�viElr -ttixe kousng, For all- uiher-projects on parcels of four thousand square feet or more, one dwelling cunt for each one thousand five hundred square feet of parcel area shall be permitted or five units tohal whichever is less. For parcels less than four thousand square feet, no dwelling units shall be permitted, except that one dwelling unit may be permitted if a single -unit dwelling existed on the parcel on September 8, 1988. Modify the following language in Section 9.08.030(A)(3)(j) - Development Standards [p.2.26] Development Reviere Except for projects listed in Section 9.40.020(B), a development review permit shall be required for any development of thousand fivtAuuidred- square feet or more in floor area. 10. Modify the following language in Section 9.08.030(B) - Development Standards [p. 2.27] Additional Stepbacic at Upper Stories. The maximum building height inay -be-e cceeded- ptovid d -dl , "he nrmitxum- roof- hetglrtrt#se�sh ill not exceed 30 feet in the R2 District, 40 feet in the R3 District, and 45 feet in the R4 District, and shall be subject to the following standards: 11. Modify the following language in Section 9.16.020(B) - Permitted Uses [p. 2.85] Existing parking on "A" lots shall be permitted if all of the following conditions are met: 1. The commercial parcel supported by the "A" parcel is not redeveloped. 2. The lot remains as a surface level parking lot. 3. The square footage of the existing commercial building on the commercial parcel is not added to or expanded beyond fifty percent of the floor area existing on tlit- ef- fcc�tive- <litc- of�.kis- Chxl3ter September 8 1988. 4. The required parking for any new addition or expansion of less than fifty percent of the floor area is not located on the "A" parcel 12. Modify the following language in Section 9.22.020(F)(1) - State Incentives in Residential Districts- Density Bonuses [p. 3.25] The proposed housing development, inclusive ofthe units replaced pursuant to this subsection (El'), contains affordable units at the percentages set forth in this Section and Section 9.22.030. 13. Modify, the following language in Section 9.25.020(B)(2) - Applicability (p. 3.44] If a building or structure is unsafe, presents a public hazard and is not securable and /or is in imminent danger of collapse so as to endanger persons or property, as determined the City's Building Official, it may be demolished. The Building Official's determination in this matter shall be governed by the standards and criteria set forth in the most recent edition of the California Building Code that is in effect -in4he BRttddir g-C, . 14. Modify the following language in Section 9.27.030(Fj(1) — Legal Nonconforming Structures [p. 3.55] The existing building is a I- listoric Resource including or is listed on the City's Historic Resources Inventory, provided the alteration or addition conforms with the Secretary of the Interior's Standards for Rehabilitation and Illustrated Guidelines for Rehabilitating I- listoric Buildings. 15. Modify the following language in Section 9.27.040(A)(2)(c) - Restoration of a Damaged Nonconforming Structure [p. 3.58] Where the cost of repair equals or exceeds 50 percent of the replacement value of the structure, and 50 percent or more of the exterior walls are removed to the foundation, and the development on the parcel is above the development review threshold for the District in which it is located, a Development Review Permit is required prior to plan check. Architectural Review Board approval shall also be required fm ty-- pwjeet— requiring Planning- Ceimnts�io��- r- eviety. 16. Modify the following language in Section 9.31.070(D)(3) — Automobile /Vehicle Sales, Leasing, and Storage [p. 3.124] Maximum Parcel Coverage. 50�h.- af- residentisl— psr.d —srea —The m�ximnm oarcel cyv_e�raec of resideuti•d Parcel area shall be the u'ea of the paecsl ;iotwilhin the se.073ck areas reeuuired in subsection (Dl(51 17. Modify the following language in Section 9.37.130 -Appeals [p. 4.131 3. Suhrrdttal Requirements and Criteria. The appeal shall set forth, in concise language, the following: a. Date of appeal; b. Name of appellant and the individual representing appellant; C. Address to which notices shall be sent; d. Telephone number of representative; C. Name of applicant, if different from appellant; f. Action or decision being appealed and the date of such action or decision; g. Address and description of real property involved; and h. The specific grounds for appeal. 34. Proceedings Stayed by Appeal The timely filing of an appeal shall stay all proceedings in the matter appealed including, but not limited to, the issuance of City building permits and business licenses. 45. Appeal hearings. Public notice of an appeal hearing shall conform to the manner in which the original notice was given. 56. Effective Date ofAppealedActions. a. Except as otherwise provided for in this Chapter, an action of the Director appealed to the Planning Commission shall not become effective unless and until approved by a majority of the Planning Commission or by operation of law. b. An action of the Planning Commission appealed to the City Council shall not become effective unless and until approved by a majority of the City Council or by operation of law. 67. Appeal fees. 1\1embers of the City Council and Planning Commission shall not be required to pay a fee when filing an appeal. 18. Modify the following language in Section 9.43.020(A) —Applicability: iMmor Modifications [p. 4.27] The provisions of this Section shall apply to specific development proposals that are for uses permitted by right or review in the District. In no case shall a minor modification be granted pursuant to this Chapter to permit a use or activity that is not otherwise permitted in the District where the property is located, nor shall a minor modification be granted that alters the procedural or timing requirements of this Ordinance. 19. Modify the following language in Section 9.43.020(B)(2) — Applicability: Minor Modifications [p. 4.27] Build -to AreasLine. Up to 5 percent of the standards for building facade location. 20. \Modify the following language in Section 9.43.030(A) — Applicability: Major Modifications [p. 4.28] The provisions of this Section shall apply to specific development proposals that are for uses permitted by right or conditionally- permittedt by discretional }, review in the District In no case shall a major modification be granted pursuant to this Section to permit a new use or activity that is not otherwise permitted in the District where the property is located, not shall a major modification be granted that alters the procedural or timing requirements of this Ordinance. 21. rldodify the following language in Section 9.43.030(B)(2) — Applicability: Major Modifications [p. 4.28] Build -to AreaaLine. Up to 20 percent of the standards for building fa4ade location. 22. Modify the following language in Section 9.45.070(C) — Planning Commission Action on Amendments [p. 4.38] Pluming Commission action disapproving a proposed General Plan amendment, initiated upon an application from a property owner pursuant to subsection 9.3645.060 -(C), may be appealed by any interested person, including a Commissioner or Councdmember, to the City Council provided such appeal is filed in writing within 14 consecutive calendar days of the Commission's action, pursuant to Section 9.37.130 Appeals. 23. Modify the following language in Section 9.49.060(A) — Findings and Decisions [p. 4.52] Findings. A decision to grant a reasonable accommodation shall be based on the following findings: 1. That the housing or other property which is the subject of the request for reasonable accommodation will be used by an individual or organization entitled to protection; and 2. The request for accommodation is necessary to afford an individual with a disability an equal opportunity to use and enjoy a dwelling or common areas of the premises; 3. - The request for accommodation would not impose an undue financial or administrative burden on the City; and 4. The request for accommodation would not require a fundamental alteration in the nature of the City's land use and zoning or building program. 24. Modify the following language in Section 9.51.020(A)(1)(d)(i) — Residential Use Classifications [p. 5.4] Senior Citizen Mtdtiple -Unit Residential. A multiple unit development in which occupancy of individual units is restricted to one of more persons 62 years of age or older, or a person at least 55 years of age who meets the qualifications found in Civil Code Section 51.3. Sere- Division 3— ScHiertn -sh3- 131-0; Senior -fxoup „ �; tdentta�- 1'ot- furt{ner- deFail:r. 25. modify the following language in Section 9.51.030(B)(19)(d) — Non - Residential Use Classifications [p. 5.151 Walls In Clientele. Offices pred�providing direct services to patrons or clients and do thl"I n may -not require appointments. This use classification includes employment agencies, insurance agent offices, real estate offices, travel agencies, utility company offices, and offices for elected officials. It does not include banks or check - cashing facilities, which are separately classified and regulated (See Banks and Financial Institutions). 26. Modify the following language in Section 9.52.020.0260 — Definitions [p. 5.28] Bedroom. Any habitable space in a dwelling unit or accessory structure other than a kitchen or living room that is intended for or capable of being used for sleeping, -and is at least 70 square feet in area i „ separated from other rooms by a door •md is accessible to n b�dtroom widnont crossing another bedroom. 27. Modify the following language in Section 9.52.020.1110 — Definitions [p. 5.34] Home Occupation. A commercial use conducted on residential property by the inhabitants of the subject residence, which is incidental and secondary to the residential use of the dwelling. See Section 9.4031.160, Home Occupations. 28. Modify the following language in Section 9.54.010(E)(28) — General Provisions and Responsibilities [p. 6.481 Zoning Ordinance. Ehaptet -h04 Division 1 throue,li 5 of Article 9 of the Municipal Code, 29. Change all references of "July 10, 2010" to "July 6, 2010 ". 30. Modify the following language in Section 9.64.040(A) – Affordable housing obligation [p. 6.150] Lxcept as provided hr Section 223 030(tlh;�all multi-family project applicants shall comply with the requirements of this Chapter in the following manner: 31. Afodify the following language in Section 9.64.050(L) – On -site option [p. 6.151] The multi - family project applicant may reduce either the size or interior amenities of the affordable housing units as long as there are not significant identifiable differences between affordable housing units and market rate units visible from the exterior of die dwelling units; provided, that all dwelling units conform to the requirements of the applicable Building and Housing Codes. However, except–is-provided in Section 2-23-0-30 A" each affordable housing unit provided shall have at least two bedrooms unless: City of ante Monica 1 S,NE� ; ; i May , 2015 Official Districting CIITi➢ IIII III I 11t AVE 0 \ I0I + J �THi�]� AVE ii cE�NT III, III Illlllllf'Illll �F 11 a i, J�,t) , if 1,,1,++1 I` i' }illT u n ➢i➢➢T ,e, i, yl[, IlllifIIlfll 1' 1 I I WI _ VIII ➢ jpI7iiIIllCI ➢I71111111(Ili_a + „ >' 'a!1ay�thl {l` }Jllrll('i1, � R1 (Single -Unit Residential) h� Z b ': I l T l l .. r ]I I yl'IYllJhii r (SMMC Section 9.02.020) „ v i {'I 1111 ➢ill I1lIII �µ a j �I� 7;I, t` K {I�IIII 'llll 1! ii�alllltt ➢1, o §illy Ulllli ai1�uQ ! „% it ii; !ti 11I;i1, ; R2 (Low Density Residential) �E p iII °iiliT II 1 ' 1 I'I 111,1 ➢1 f II II II IIti, �' Ill w/A �i1 ILI a ,! 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Made. half een pro d,di II ftl 4111 II III I� II III Illj far a.etau.n pmpses ony Ev� or me amble anon has �/�� been made to e,mue, the accura ps provided, III II ll �IrlfJl hova r some irdooratoo may net be tare a Na. 01, I P of Sa dK Mon ra Caryl ,eaddee this map on en 'AS IS' basis Me City assumes re natAlty fordamapes adetn6 from r omissla,m THE MAPS ARE PROVIDED N4HOUT III WARRANTY OF ANY KIND eTber expressed or implied, ludllg but not doted to the Imgled Warranties of hantadl y aM (Ness for a paNCUlar Wrpo%e Carter aie Pacific OCR trade any business deuelors based on the map before iefli vmr, derIA. vnm me apaopdat. cry office. f: \atty \muni\ laws\ barry\ Zoning Ord inanceUpdate &ZonIng®istrictingMap 5 -5 -15 ORDINANCE NUMBER _ (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REPEALING THE EXISTING ZONING ORDINANCE, CHAPTER 9.04 OF ARTICLE 9 OF THE SANTA MONICA MUNICIPAL CODE, AND ADDING A NEW ZONING ORDINANCE, CHAPTER 9.01 THROUGH CHAPTER 9.52, TO ARTICLE 9 OF THE SANTA MONICA MUNICIPAL CODE TO ADOPT A COMPREHENSIVE ZONING ORDINACE; REPEALING CHAPTERS 9.08 THROUGH 9.72 OF ARTICLE 9 OF THE SANTA MONICA MUNICIPAL CODE AND ADDING NEW CHAPTERS 9.53 THROUGH 9.68 TO ARTICLE 9 OF THE SANTA MONICA MUNICIPAL CODE TO ESTABLISH LAND USE AND ZONING RELATED PROVISIONS; AND IMPLEMENTING THE NEW ZONING ORDINANCE BY REPEALING THE EXISTING OFFICIAL DISTRICTING MAP AND ADOPTING A NEW THE FINAL OFFICIAL DISTRICTING MAP WHEREAS, on July 6, 2010, the City adopted a new Land Use and Circulation Element of the General Plan ( "LUCE "); and WHEREAS, afterthe adoption of the LUCE, the City commenced a comprehensive update of the City's Zoning Ordinance ( "Zoning Ordinance Update "); and WHEREAS, this is the first comprehensive update of the City's Zoning Ordinance since 1988; and WHEREAS, the overarching objectives of the Zoning Ordinance Update are to ensure that the update is consistent with and implements the policies and objectives of the LUCE, addresses administrative and interpretation issues that arose with the current Zoning Ordinance, is easier to use, and clearly sets forth the City's zoning requirements; EMS WHEREAS, the initial public review draft of the Zoning Ordinance Update was released for public review on November 12, 2013; and WHEREAS, commencing in December 2013 and continuing through March 2015, there were thirty -three (33) Planning Commission hearings overall on the draft Zoning Ordinance Update, and related documents, with twelve (12) of these hearings on the Redline Public Review Draft Zoning Ordinance Update, released on October 22, 2014, during which time the Planning Commission received extensive public testimony and written submittals and engaged in a lengthy deliberative process, with all provisions of this update having been reviewed as well as multiple potential amendments to the LUCE; and WHEREAS, on November 5, 2014, the Planning Commission adopted Resolution No. 14 -003 (PCS) announcing its intention to consider recommending to the City Council that the City Council repeal the City's existing Zoning Ordinance, Chapter 9.04 of Article 9 of the Santa Monica Municipal Code, and add a new Zoning Ordinance, Chapter 9.01 through 9.52, to Article 9 of the Santa Monica Municipal Code; and WHEREAS, on March 4, 2015, the Planning Commission adopted Resolution No. 15 -003 (PCS) recommending to the City Council that the City Council repeal the City's existing Zoning Ordinance, Chapter 9.04 of Article 9 of the Santa Monica Municipal Code, and add a new Zoning Ordinance, Chapter 9.01 through 9.52, to Article 9 of the Santa Monica Municipal Code; and WHEREAS, as detailed in Resolution No. 15 -003 (PCS) and in the recitals above, adoption of the Zoning Ordinance Update and new Official Districting Map is necessary for consistency in principle with the goals, objectives, policies, land uses and programs specified in the LUCE and for the public health, safety, and general welfare; and 2 WHEREAS, the Zoning Ordinance Update would add the following new district classifications that are not contained in the current Official Districting Map of the City: DSP Downtown Specific Plan, MUBL (Mixed -Use Boulevard Low), MUB (Mixed -Use Boulevard), GC (General Commercial), NC (Neighborhood Commercial), BTV (Bergamot Transit Village), MUC (Mixed Use Creative), CCS (Conservation: Creative Sector), CAC (Conservation: Art Center), PPC (Pedestrian- Priority Corridor Overlay), RP (Ground Floor Retail Priority Overlay), IC (Industrial Conservation), OC (Office Campus), HMU (Healthcare Mixed -Use), OF (Oceanfront), PL (Institutional /Public Lands), and OS (Parks and Open Space); and WHEREAS, the Zoning Ordinance Update would delete the following district classifications that are currently designated in the Official Districting Map of the City: R2R Low Density Duplex District, RVC Residential- Visitor Commercial District, BCD Broadway Commercial District, BSCD Bayside Commercial District; C2 Neighborhood Commercial District, C3 Downtown Commercial District, C3 -C Downtown Overlay District; C4 Highway Commercial District, C5 Special Office Commercial District, C6 Boulevard Commercial District, CM Main Street Special Commercial District, CP Commercial Professional District, M1 Industrial Conservation District, LMSD Light Manufacturing and Studio District; PL Public Lands District, TR Transportation Preservation District, N Neighborhood Commercial Overlay District, DP Designated Parks District, BP Beach Parking District, R213 Low Density Multiple Residential Beach District, R3R Medium Density Multiple Family Coastal Residential District, and BR Boulevard Residential R -3 Overlay District; and 3 WHEREAS, in order to implement the proposed Zoning Ordinance Update it is necessary to designate the properties in the City subject to the new district classifications; and WHEREAS, on March 4, 2015, the Planning Commission adopted Resolution No. 15 -005 (PCS), announcing its intention to consider recommending to the City Council that the City Council adopt a new Official Districting Map of the City; and WHEREAS, on March 18, 2015, the Planning Commission adopted Resolution No. 15 -008 (PCS), recommending to the City Council that the City Council adopt a new Official Districting Map of the City; and WHEREAS, proposed Chapters 9.53 through 9.68 of Article 9 of the Santa Monica Municipal Code are land use and zoning - related and include, but are not limited to, the Transportation Demand Management ( "TDM ") Program, Land Divisions, Architectural Review, Landmarks and Historic Districts, Signs, the Affordable Housing Production Program, and linkage fee programs; and WHEREAS, consistent with current law, these chapters would continue to be included in Article 9 of the Santa Monica Municipal Code but would not technically be part of the Zoning Ordinance itself; and WHEREAS, in general, these chapters have been altered from current law simply to reflect the new numbering system being utilized for the Zoning Ordinance except for those additional changes that have been made to comport with State law, to be consistent with new provisions in the Zoning Ordinance, to implement the LUCE, to correct clerical errors, or to clarify ambiguity; and WHEREAS, of all of these chapters, only the TDM Program has been significantly revised because of its intricate relationship to the parking section of the Zoning Ordinance Update; and WHEREAS, since these chapters are not part of the current Zoning Ordinance, none of these provisions were included as part of the Commission's formal recommendation set forth. in Resolution No. 15 -003 (PCS); and WHEREAS, an Initial Study /Negative Declaration (State Clearinghouse #2013121053) has been prepared for this project in accordance with the California Environmental Quality Act; and WHEREAS, the Initial Study /Negative Declaration concluded that adoption of the proposed Zoning Ordinance Update, LUCE amendments, LUCE map amendments, and land use and zoning related chapters would not result in new significant impacts on the environment that have not been previously examined or adequately addressed in the Land Use and Circulation Element Program Environmental Impact Report (State Clearinghouse #2009041117;and WHEREAS, on May 5, 2015, the City Council adopted the Initial Study /Negative Declaration, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Pursuant to Santa Monica Municipal Code Section 9.04.20.16.040, the City Council does hereby repeal the City's existing Zoning Ordinance, Chapter 9.04 of 5 Article 9 of the Santa Monica Municipal Code, inclusive, and adopts a new Zoning Ordinance, Chapter 9.01 through 9.52, inclusive, to Article 9 of the Santa Monica Municipal Code as set forth in Exhibit 1, attached to this Ordinance and incorporated herein by reference, subject to the modifications set forth in Exhibit 2 and Exhibit 3, attached to this Ordinance and incorporated herein by reference. SECTION 2. Pursuantto Santa Monica Municipal Code Section 9.04.20.16.040, the City Council does hereby repeal the City's existing Official Districting Map, adopted by Ordinance Number 1622 (CCS) and periodically revised thereafter, and adopts a new Official Districting Map of the City as set forth in Exhibit 4, attached to this Ordinance and incorporated herein by reference. SECTION 3. Pursuant to Santa Monica City Charter Section 615, the City Council does hereby repeal Chapter 9.08 through Chapter 9.72 of Article 9 of the Santa Monica Municipal Code, inclusive, and add Chapter 9.53 through Chapter 9.68, inclusive, to Article 9 of the Santa Monica Municipal Code to establish land use and zoning related provisions as set forth in Exhibit 5, attached to this Ordinance and incorporated herein by reference. SECTION 4. The repeal of existing Chapter 9.04 through Chapter 9.72, inclusive, of Article 9 of the Santa Monica Municipal Code shall not in any manner affect the prosecution for violations thereof, which violations were committed prior to the effective date hereof, nor shall the repeal of said Chapter affect any prosecution or action which may be pending or may hereinafter be filed in any court for the violation of any of the provisions of said Section. As to any such violations of said Chapter and as to any such prosecution or pending prosecution or action, said Chapter shall be deemed to continue and be in full force and effect. N SECTION 5. Existing Chapter 9.04 through Chapter 9.72, inclusive, of Article 9 of the Santa Monica Municipal Code shall be deemed and be in full force and effect as to any valid discretionary permit or building permit issued prior to the adoption of this Ordinance and which does not subsequently expire. SECTION 6. Any provision of the Santa Monica Municipal Code or appendices thereto, except Chapter 6.20, inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 7. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 8. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall be effective 30 days from its adoption. APPROVED AS TO FORM: M R$H�ONES M TRIE Ci ttotn ` y 7 LOMMM O-• (APRIL .. (Exhibit available for public review at the City Clerk's office and electronically on the City's website.) F1 Reference: Exhibit 1 of Attachment D is available at the City Clerk's Office Filed with Staff Report 05/05/2015, Item 7B Within Legislative 400 - 001 -10 IN r • • •-� .. 10 Draft Official Districting Map [See Attachment C] 11 x_ RELATED PROVISIONS Y,. . " -.. (Exhibit available for public review at the City Clerk's office and electronically on the City's website.) 12 Reference: Exhibit 5 of Attachment D is available at the City Clerk's Office Filed with Staff Report 05/05/2015, Item 7B Within Legislative 400 - 001 -10 City. of Santa Monica Planning and Community Development Department City Planning Division (310) 458 -8341 (Please Type or Print all Information) Application Number r Resolution No 15 -04 (PCs) APPELLANT NAME: Jason Parry APPELLANT ADDRESS: 2633 Lincoln Blvd 8601 Santa Monica CA 90405 Filed: By: CONTACT PERSON: Phone: 310- 399 -3243 (all correspondence will be mailed to this address) PROJECT CASE NUMBER(S) : Resolution No. 15 -04 (PCS) PROJECT ADDRESS: APPLICANT: ORIGINAL HEARING DATE: March ACTION BEING APPEALED: Exclusion of 84 from approved resolution Please state the specific reason(s) for the appeal (use separate sheet if necessary): Is the appeal related to the discretionary action and findings issued for the proposed project? F-1, Yes FX_J No If yes, explain: Is the appeal related to the conditions of approval? ED Yes [K No If yes, which conditions and why: Is the appeal related to design issues? EJ Yes EJ No If yes, explain: Is the appeal related to compatibility issues such as building height, massing, pedestrian orientation, etc.? n Yes FX1 No if yes, explain: Is the appeal related to non - compliance with the Santa Monica Municipal Code? F-1 Yes TX No If yes, which Code section(s) does the project not comply with and why: Is the appeal related to environmental impacts associated with the project? 0 Yes Q No If yes, explain: Is the appeal related to other issues? X Yes E3 No If yes, explain: I am requesting City Council review of this matter solely to enable City Council to consider it during deliberations on the zoning ordinance and other recommended LUCE amendments. APPELLANT SIGNATURE: NOTE: A hearing date on peal will not be ed until sufficient information regarding the basis for the appeal has been received to enable City Planning Division staff to prepare the required analysis for the staff report. ISM -o1 53 From: Jim Ries [mailto:iim ries@hotmail.com] Sent: Wednesday, March 18, 2015 4:01 PM To: David Martin; Amanda Schachter Subject: Regarding: Portions of Item 8A related to Neighborhood Commercial Districts on the March 4, 2015 Planning Commission Agenda Dear City Council The City of Santa Monica has a long history of supporting the construction of affordable housing. The LUCE and the draft Zoning Code make the creation of affordable housing a priority and they both utilize various incentives for the construction of affordable housing. Unfortunately, the Planning Commission voted on a position that did not spread the incentives out evenly over the entire community. Consequently, I find myself in a position where I must appeal that decision. If we are to be a progressive City that fights for affordable housing, we cannot say it is okay for some portions of the community but not others. I urge the City Council to incentivize affordable housing in all Neighborhood Commercial districts or eliminate the incentives from all Neighborhood Commercial districts. Jim Ries City of Santa Monica Planning and Community Development Department City Planning Division (310) 458 -8341 (Please Type or Print all Information) Application Number l50"T - (31 TZ- �� By: . j 4 �i5 APPELLANT NAME: Northeast Neighbors (Contact person -Amy Aukstikalnis, Chair) APPELLANT ADDRESS: 2717 Washington Avenue Santa Monica CA 90403 CONTACTPERSON: Amy AukstikalNs, Chalr Northeast Neighbors Phone: 310968 -6753 (all correspondence will be mailed to this address) Address -Same as above. PROJECT CASE NUMBER(S) : PROJECT ADDRESS: NA APPLICANT: NA ORIGINAL FEARING DATE: 3118115 r-,% il [a] il 1141 iLleY 29;e11 "'7I 01 551 rrz P1 B1 rernov'o- Ter3 m rnU6Lt o--,6 remove iiv_4wo Ac iv(it Ctn4crsa otterlals CnWilsl,t -e /34- Please state the specific reason(s) for the appeal (use separate sheet if necessary): Is the appeal related to the discretionary action and findings issued for the proposed project? 0 Yes 0 No if yes, explain: Is the appeal related to the conditions of approval? Yes No If yes, which conditions and why: i Is the appeal related to design issues? E2 Yes __ No if yes, explain: Is the appeal related to compatibility issues such as building height, massing, pedestrian orientation, etc.? ['71 Yes No If yes, explain: Is the appeal related to non - compliance with the Santa Monica Municipal Code? E{ Yes No If yes, which Code section(s) does the project not comply with and why: Is the appeal related to environmental impacts associated with the project ?] Yes No If yes, explain: Is the appeal related to other issues? Yes No If yes, explain: APPELLANT SIGNATURE: NOTE: A hearing date on the appeal will not be scheduled until sufficient information regarding the basis for the appeal has been received to enable City Planning Division staff to prepare the required analysis for the staff report. Applica ion Number V-r-of Sg City of Beata Monica Planning and Community Development Department City Planning Division (310) 458 -8341 APPEAL FORM (Please Type or Print all Information) Filed: By: APPELLANT NAME: t/01V•'V lf-e-f _ /< APPELLANT ADDRESS- 7 /-t Y7 -CfT` LIN l /3, S �( ` 0Y03 CONTACT PERSON: ;f N�lf�2 /C��UVE_VV Phone: min`t{�'3 -7 (all correspondence will be mail 6d to this address) Address: it 1 PROJECT CASE NUMBER(S): PROJECT ADDRESS: APPLICANT: ORIGINAL HEARING DATE:— /��'s� ACTION BEING APPEALED: '� A/ �T C D,U Sl D� r=L f ✓�t / N��i� /'� yC ,�-C 77 [/r 7� Gl =i�'�� S 77 C=2 2 / PJ . "111 /3/ _T) &W 3 ;L ✓ti /fv C UL �is�uss 0,✓3 �,V 07-Z v/Nj /'/&OLA iO A_/_ R/- Y- ,MvT_`0 Please state the specific reason(s) for the appeal (use separate sheet if necessary): Is the appeal related to.the discretionary action and findings issued for the proposed project? _ Yes _ No If yes, explain: Is the appeal related to the conditions of approval? Yes _ No If yes, which conditions and why: Is the appeal related to design issues? _ Yes _ No If yes, explain: Is the appeal related to compatibility issues such as building height, massing, pedestrian orientation, etc.? _ Yes _ No If yes, explain: Is the appeal related to non- compliance with the Santa Monica Municipal Code? _ Yes No If yes, which Code section(s) does the project not comply with and why: Is the appeal related to environmental impacts associated with the project? _ Yes — N,o r If$yes, explain: Is the appeal related to other issues? _ Yes _ No If yes, explain: a �sU LE c Co,�Iti L -7Z9 c 01U -C TJ'—YZ- APPELLANT SIGNATURE: NOTE: A hearing date oethe ap ep al will not be scheduled until sufficient information regarding the basis for the appeal has been received to enable City Planning Division staff to prepare the required analysis for the staff report. City of Santa Monica Planning and Community Development Department City Planning Division (310) 458 -8341 (Please Type or Print all Information) APPELLANT NAME: Filed: By: APPELLANT ADDRESS: /005 Zl rL lb/6. S2'7 9D �zo � CONTACTPERSON: Phone: ��iD —r/c7� —7(97 (all correspondence will be mailed to this address) Address: 5 141 -L PROJECT CASE NUMBER(S).: PROJECT ADDRESS: APPLICANT: ORIGINAL HEARING DATE: S //N CE ACTION BEING APPEALED: ZG f zV ,'C--e 4770fV /"7j Luc CL �rvt �ic/�aZ2Ca� �%��;��yy1Nt 7�i 7�2�� ✓� -f�N/ �/(//�o(/a'✓IrICSI/7�n (//Jd�l1�YZ % -FJ�/� .J2 r1%� P�� C',�t- i2�2GLi� 7,Z(C —� 02 Qis�crsf�'. ?r t 95T i ty5. Please state the specific reason(s) for the appeal (use separate sheet if necessary): Is the appeal related to the. discretionary action and findings issued for the proposed project? —Yes _ No If yes, explain: Is the appeal related to the conditions of approval? _ Yes _ No If yes, which conditions and why: Is the appeal related to design issues? _ Yes _ No If yes, explain: Is the appeal related to compatibility issues such as building height, massing, pedestrian orientation, etc.? _ Yes No If yes, explain: Is the appeal related to non- compliance with the Santa Monica Municipal Code? — Yes No If yes, which Code section(s) does the project not comply with and why: Is the appeal related to environmental impacts associated with the project? — Yes No ...If'yes,.explain: Is the appeal related to other issues? _ Yes _ No If yes, explain: c /%z c "AiC, 7z? c 0", J-/ vJ / / /��! �ici✓Jitn ��c�;– it ?/�/��2Y� ��r–yi �iJ � 2 i >isGC� Tfr-r� Go�r1Si/JC7�. APPELLANT SIGNATURE: NOTE: A hearing date on he apps will not be scheduled until sufficient information regarding the basis for the appeal has been received to enable City Planning Division staff to prepare the required analysis for the staff report. From: Jenn K [ mailto :ienniferfkennedvCaramail.com] Sent: Wednesday, March 25, 2015 3:45 PM To: Tony Kim Subject: Re: appeals Hi Tony, Thank you for the explanation and clarification. I am hereby amending my appeal statement to include appeal of "the decision of the Planning Commission to not amend the LUCE land use designations for the parcels located at 1127 2nd Street, 1129 2nd Street, and 1137 2nd Street from Downtown Core to Medium Density Housing." Thank you for forwarding this, information !j to Dennis at the counter. I appreciate your help. Best regards, Jennifer - Jennifer Kennedy 310.403.7097 ATTACHMENT J City of Santa Monlen" DATE: April 23, 2015 TO: City Council FROM: Rachel Kwok, Environmental Planner SUBJECT: Evaluation of Potential Changes to Zoning Ordinance Update Since Issuance of final Negative Declaration This memorandum contains an evaluation of the adequacy of the Initial Study /Negative Declaration (IS /ND) for the City of Santa Monica's Zoning Ordinance Update (ZOU) in light of the most recent changes to the proposed ZOU that have occurred in response to preliminary direction given by the City Council. In particular, the memo addresses whether these potential changes to the draft ZOU would necessitate additional environmental analysis requiring full or partial recirculation of the IS /ND in order to ensure that all potential environmental impacts of the ZOU, as currently proposed, have been adequately addressed in compliance with the California Environmental Quality Act (CEQA). Background The City of Santa Monica formally initiated the CEQA review process for the ZOU on December 17, 2013 with the issuance of a Notice of Intent and distribution of the draft IS /ND for a public review comment period of 33 -days, beginning on December 17, 2013 and ending on January 20, 2014. Since the ZOU is entirely consistent with the 2010 Land Use and Circulation Element (LUCE), the IS /ND tiers with and incorporates, by reference, the City's previously certified Program Environmental Impact Report [EIR] (June 2010) prepared for the LUCE pursuant to CEQA Guidelines Sections 15150, 15152, and 15168. In March 2015, a final IS /ND was issued by the City. The final IS /ND provided written responses to all public comments received by the City during the public review period of the draft IS /ND, as well as any necessary text changes to the IS /ND based on the draft ZOU submitted to the Planning Commission. As noted above, the proposed ZOU required preliminary review and recommendation by the Planning Commission, as well as review by the Santa Monica City Council, prior to formal adoption of the IS /ND. Since publication of the final IS /ND, the City Council conducted preliminary review and provided direction on the proposed ZOU on April 15, 2015 and has made preliminary recommendations for revision, clarification, addition, and deletion of regulations. This memorandum provides an evaluation of those recommendations and determines whether additional environmental analysis will be needed to comply with CEQA. CEQA Requirements Section 15073.5 of the CEQA Guidelines requires a lead agency to recirculate a IS/ND when "the document must be substantially revised after public notice of its availability has previously been given but prior to its adoption ". Under Section 15073.5, subdivision (b), "substantial revision" is defined as including the disclosure of any of the following: (1) A new avoidable significant environmental impact and mitigation measures or project revisions must be added in order to reduce the effect to insignificance, or (2) The lead agency determines that the proposed mitigation measures or project revisions will not reduce potential effects to less than significant and new measures or revisions must be required Under Section 15073.5, subdivision (c), recirculation is not required when new information is added to the negative declaration which merely clarifies, amplifies, or makes insignificant modifications to the negative declaration. In light of the above, City staff evaluated the recommendations for regulatory language changes to the proposed ZOU and determined that such changes would not require "substantial revisions" to the IS /ND such that recirculation of the document will be necessary. Recommended Changes to the Proposed ZOU City staff has reviewed the proposed revisions, clarifications, additions, and deletions to the ZOU as of April 23, 2015 to determine whether recirculation, as outlined in CEQA Guidelines Section 15073.5 would be required for the IS /ND. In all, 29 changes to the proposed ZOU (Attachment A to City Council Staff Report) have been preliminarily recommended based on City Council direction with an additional 31 clerical clarifications /corrections to the proposed ZOU (Attachment B to City Council Staff Report). Attachment A Recommended change 1 would provide clarification to the procedural language for determining parcel frontage and would not have physical environmental impacts. Recommended change 6 would specify CUP requirements for land uses in the commercial and mixed use corridors with respect to individual tenant space and new 2 additions /construction. Recommended change 12 would provide limitations on combining multiple parcels. Recommended change 18 would add new procedural requirements for Alcohol Exemption Zoning Conformance Permits and would not have physical environmental impacts. Recommended change 24 would provide that a Discretionary Review Permit is required for new construction /additions more than 7500 sf in the Pico Neighborhood. Recommended 27 would make changes to the definition of "person" as provided in the proposed ZOU language. All of these changes would relate to the City's administrative process for processing applications in accordance with the ZOU and would not alter the level of land use change anticipated to occur in the City. No physical environmental impacts would occur. Therefore, no new significant impacts would occur and no new mitigation measures would be necessary. Recommended changes 2, 5, 20, and 21 would relate to allowing adult day care and childcare facilities in the R1 and OP1 Single Family Residential Districts with a Conditional Use Permit and in accordance with hours specified for outdoor activities and operation. Recommended changes 3, 5, and 10 would allow for bed and breakfast uses within designated landmarks in the multi -unit residential, Ocean Park, and Oceanfront Districts. These land use types would be subject to a CUP and, therefore, it could be assured that these land uses would not create new significant land use /neighborhood effects and no new mitigation measures would be necessary. Furthermore, the overall level of projected land use change within the City would not be altered as a result of these changes. As such, changes to the analysis of the IS /ND that are dependent on the level of future land use change (i.e. air quality, noise, traffic, public services, utilities, global climate change, energy) would not be required. Recommended change 4 would provide additional design standards for courtyards that would enhance the layout and aesthetics of the parcel. Recommended change 14 shown in Attachment A, would provide clarification as to the mix of affordable housing to be required under the proposed ZOU. Recommended change 15 would make changes to the amount of required usable open space for Tier 2 projects. These changes establish specific design requirements for projects and would not be anticipated to alter the level of land use change that would occur with implementation of the proposed LUCE. As such, these modifications would not necessitate additional environmental review. No new significant impacts would occur and no new mitigation measures would be necessary. Recommended change 7 would limit the maximum height of 100% affordable housing projects within the Neighborhood Commercial districts to 32 feet. The recommended change to reduce the building heights (from the previously proposed 35 feet to 32 feet) would not have an adverse visual impact, but rather could be beneficial in reducing visual impacts. Therefore, this change would not necessitate additional environmental review or modifications to the analysis of the IS /ND. Recommended changes 8 and 9 would serve to clarify that the development standards for active commercial design apply to the commercial boulevards. Recommended change 13 would clarify what standards apply when a residential use becomes a 3 commercial uses. These changes provide clarification as to the applicability of the development standards, and would not create any new significant impacts and no new mitigation measures would be necessary. Recommended change 11 would modify height language for accessory buildings in residential districts, but would continue to maintain the maximum height of two stories or 24 feet. Therefore, since the height would not differ from what was anticipated in the IS /ND, this change would not necessitate additional environmental review or modifications to the analysis of the IS /ND. Recommended changes 16, 17, 28, and 29 would address parking requirements. These changes would ensure that parking needs would be met without creating an overabundance of parking. These changes are not anticipated to result in adverse land use impacts, and therefore, would not necessitate additional environmental review or modifications to the analysis of the IS /ND. Recommended change 19 would allow existing auto dealerships to expand an additional .25 FAR and would require a Development Review Permit for any expansion exceeding 25,000 sf. This change would not increase the overall level of projected land use change within the City. As such, changes to the analysis of the IS /ND that are dependent on the level of future land use change (i.e. air quality, noise, traffic, public services, utilities, global climate change, energy) would not be required. Recommended change 22 would provide an additional limitation related to the siting of medical marijuana dispensaries. This change would ensure further additional neighborhood protection and would not result new significant adverse land use effects. Recommended change 23 would prohibit a permanent or temporary dance floor in restaurants. This change would not have physical environmental effects and relate to the operations of restaurant with entertainment uses. As such, these modifications would not necessitate additional environmental review. No new significant impacts would occur and no new mitigation measures would be necessary. Recommended changes 25 and 26 would address non - conforming fences, walls, and hedges. These changes relate to the City's administrative process for addressing non- conforming fences, walls, and hedges and would not alter the level of land use change anticipated to occur in the City. Therefore, no new significant impacts would occur and no new mitigation measures would be necessary. Attachment B With respect to Attachment B, all of the recommended changes 1 through 31 would represent refinement of clerical corrections /clarifications in the proposed ZOU with respect to City processes, including determining parcel coverages, maximum unit density, development review permit thresholds, and minor text clean up language. 4 Conclusion Based on a thorough review of these clarifications, City Staff has concluded that they would not alter the analysis of any of the 17 environmental issue areas evaluated in the IS /ND. None of the recommended changes, as explained above, would require "substantial revisions" within the meaning of that term as it is used in CEQA and the CEQA Guidelines. These changes would neither result in a new significant effect that must be addressed through new mitigation or project revisions, nor would they result in new mitigation measures. Incorporation of the recommended changes to the proposed ZOU (through May 5, 2015) would not trigger the need for recirculation of the IS /ND or require the preparation of additional environmental analysis in order to ensure that all potential impacts of the proposed ZOU are addressed /acknowledged and in compliance with CEQA. 61 Reference: Resolution No. 10874 (CCS) Resolution No. 10875 (CCS)