The URL can be used to link to this page

SR-05-12-2015-5A/6A 400-001-10/404-004May 12, 2015 [111111[0 "A • • CITY COUNCIL MEETING (7 -13: 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 6 -A: Resolution to Approve LUCE Land Use Designation Map Amendments and Appeals 14APP -006 and 14APP -007 of the Planning Commission's approval of Conditional Use Permit 13CUP -017 and Parking Variance 13VAR -012 to amend existing alcohol and parking variance permits for the Georgian Hotel located at 1415 Ocean Avenue) 5-A/6- May 12, 2015 f:\atty\m u n i\laws\barry\Zon i ng Ord i nanceU pdate&Zon ing Districti ng Map 5 -12 -15 (Final) 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 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; and 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 necessaryfor 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 k? 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 Ell 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 applicable modifications set forth in Exhibit 2 and Exhibit 3, attached to this Ordinance and incorporated herein by reference. SECTION 2. Pursuant to 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, subject to the applicable modifications set forth in Exhibit 2 and Exhibit 3, 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 n. prosecution or pending prosecution or action, said Chapter shall be deemed to continue and be in full force and effect. 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 & In light of the changes in the City's physical environment that have occurred since the instigation of the Land Use and Circulation Element adoption process, over a decade ago, and recognizing that priorities and policies have evolved during this time frame, the City Council hereby directs staff to commence the following work effort and to report to the City Council every six months on its progress: a. Review and establish within eighteen (18) months zoning standards for Pico Boulevard along with the development of zoning standards for the Pico Neighborhood. b. 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. c. Consider the appropriate planning processes to establish zoning standards in a neighborhood -by- neighborhood manner to address the uniqueness of each area. 7 d. Analyze whether tenants in common could have the right to convert their residential building into a condominium. e. Analyze the appropriateness of the housing /office ratio of the approved Bergamot Area Plan. f. Review whether 2nd floor balconies should qualify as parcel coverage when the R1 District zoning standards are re- evaluated. g. Assess whether there are mechanisms to ensure that Live/Work units can be more affordable to artists. SECTION 7. 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 8. 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 itwould 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 9. Any typographical or clerical errors in this Ordinance may be remedied by the City Attorney with the assistance of the City Clerk and shall not constitute an alteration within the meaning of City Charter Section 615. f3 SECTION 10. 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: N •-1 _•= 10 DRAFT ZONING ORDINANCE List of Clerical Corrections /Clarifications to Draft Zoning Ordinance and Land Use and Zoning Related Provisions Approved by City Council on May 12, 2015 1. Modif}, the following language in Section 9.01.040(A)(2) - Applicability P. 1.51 Compliance udth Regulations. Except as provided in this Chap, }- LonlflY Ordinance, land or buildings may be used and structures may be erected or altered only in accordance with the following provisions: 2. Reserved. 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 specil<ed 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 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. 2.221 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 foul 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 xvidth, 6. Modify the following language in Section 9.08.030(A)(1)(i) – Development Standards [p. 2.23] Development Review. Except for projects fisted in Section 9.40.020(B), a development revieNv permit shall be required for any development of fi€teesrt_n 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 minanum 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. Modify the following language in Section 9.08.030(A)(3)(d) - Development Standards [p. 2.25] Maximum Unit Density. Farr-- iw�.- �Fs -�„` S�aa�Fucrtm{- seum�,- f�.` �a- a�orre- dsveNis�g- mmrtfor- eaekros -re drtx.: �.:.�- t :kec -I r# uxte- feet -erf -p e: c��alrtFll3e -Pe rri,�, -u� �- 1te- foFFrzaeis ,s. -5.. i�ermuted projeetr�ie- hxnsefsed- pc: r' eem�a£ fet' tfxbFe- hsusxsb- pre�lc- c- t- '- ptoje_� -,�+ �,- r. EluE; c�- thti�' cketttion- a�i- pr'escy- v;.ttion of- a- h,si:,,,� .,tmetttee mx-I ;? at-e�nrq�ly-- tvt.h. •' �: a-.z yid-- :rf- FsHeri�r''s- s�lxndztrds -few Ehe-= {'rexttrri;r�: of- Lksterie 3�<3 perttes�- xxa3lEisuntt- ap;trtwmt9 e+ rci+ r, �, vheere- taverrty�ftve- p�.:�c,'- .- tse- u�ttra�' �liefke3omses= Fav�ei, s+�{� , tF- jserc�itaJ- tke�- tenr< ct ftfsintF; �ti °e- t�voe- Fiedwerass- c�Fa=ger- ; niet- Ehe- Fsxojeet- r�- egistamd- �ettlr{ -1te F3- S61iC; tcrmceive- ;rLL�'s�- rates ;- o�srlvc'r�atgher- kveF;- cFrild- day - ease- eer. -ta ,n- .nrurrity- care- frailities; Frsos; e?ess- skneFEetreott ,eegatt�l>ustng;- 4osnestte -vi n- ,��sseFfekr;- 1ric{aeiltiies ;tea -rge -- €airy-- d:.ty--eare home;; - residential -c.atc fac= i1t�ies ;��enirottp- F'eusingLseniers- bore.:- tng�nagFe�zntt- daae3a�xisitir7rrtF housing-, For all- otliei= 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 wkuehevic 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. 9. Modify the fallowing language in Section 9.08.030(A)(3)(j) - Development Standards [p. 2.261 Development Review. Except for projects listed in Section 9.40.020(13), a development review permit shall be required for any development of thousand five- hum4xed- square feet or more in floor area. 10. Modify the following language in Section 9.08.030(B) - Development Standards [p. 2.27] Additional Stepback at Upper Stories. The maximum building height fie- , - ded- pn3vided-t 14-4he rs s _ _r --eigh+ -1 . shall 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 drz :.f °= -ro' '�;.° `-this Sentember8 7988. 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 of the units replaced pursuant to this subsection (EF) 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(13)(2) - Applicability [p. 3.441 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- the- Rcildiug4c. 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 inekxling or is listed on the City's Historic Resources Inventory, provided the alteration or addition conforms with the Secretary of the Interiors 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- f�ojeet-reeluittng Pl n ning-Coun 9 , sift- eNiew. 16. Modify the following language in Section 9.31.070(D)(3) - Automobile /Vehicle Sales, Leasing, and Storage [p. 3.124] Maximum Parcel Coverage.,-- c�f- residen3-- lr.:rael- t•:r. -'Phe. maximum �a�rcel cov_ee of residential parcel area shall be the area of the parcel of within the setb -tek m s reouired in subsection Q))_(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; b. 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. 56. 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: \,linor Modifications [p. 4.271 The provisions of this Section shall apply to specific development proposals that are for uses permitted by right or c tnmally- permitted --jby discretionary 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 ArexsLine. Up to 5 percent of the standards for building f tgade location. 20. Modify, the following language in Section 9.43.030(A) - Applicability: Major \4odifications [p. 4.281 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 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 Ordnance. 21. Modify the following language in Section 9.43.030(B)(2) — Applicability: Major Modifications [p. 4.281 Build -to Areashine. Up to 20 percent of the standards for building facade 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 9.3645.060 -(C), may be appealed by any interested person, including a Commissioner or Councihnember, 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 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 51.3. '- oup Re.nuial' `tea` iher etails. 25. Modify the following language in Section 9.51.030(B)(19)(d) — Non - Residential Use Classifications [p.5.15] Walk -In Clientele. Offices pre�providing direct services to patrons or clients and do deu retry 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 is se. arated 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 9.4031.160, Home Occupations. 28. Modify the following language in Section 9.54.010(E)(28) — General Provisions and Responsibilities [p. 6.481 Zoning Ordinance. Giaptti->i- 3 ' Division I 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. 6.150] Except as provided in Section 9.23.030f, 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. 6.1511 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 the dwelling units; provided, that all dwelling units conform to the requirements of the applicable Building and Housing Codes. However,oxcept ass provided hr Section. 913,030 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 OPD '. OP2 OP3 OP4 Additional Regulations Maximum Building Height (ft.) Base Standard —Flat Roofs; 23 Roofs Pitched atLeastLess Than 20 23 23, 35 1:3 See (B) Minimum Setbacks (ft.) Greater ConierStreet sSide -- Parcels less of4ft. or 10% 3 feet for parcels less than 50 ft. in width of See formula in (C) than 35 ft. in width in parcel OP1 width GenrerStreet Side - Parcels 50 ft. See 10 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] 2. The following formula shall be used to determine the required side setback for blank walls and walls containing secondary windows. In the Opt District, this formula shall also be used to determine the required comer- street side setback on lot parcels 50 feet or more in width. In the OP2, OP3, and OP4 districts, it shall be used to determine the required corner street side setback on parcels less than 50 feet in width. The setback is calculated as folloxvs: Setback (ft.) = 5 + (stories x parcel Nvidth) 50 4. Within the required side or eernea-su ei 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. 3.201 Swimming pool or spa filtration equipment and pumps shall not be located in the front or strcot -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] srfa, or-4te of E` IEtiii�X�F59Ystefl- lifeyelt'.- ehatgEftg: 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 panting 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. '- :ct 1— --we, - —d .. the for patrons, and the counter area shall not function as s separate bar area. 39. Modify the following language in Section 9.51.030(B)(15) — Commercial Use Classifications [p. 5.14] Vacation Rentah 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 less +Ivz foe 30 days or less or is othenvise occupied or utilized on a transient basis for less4lem 30 days or less. Vacation rental does not include a Bed and Breakfast as defined above. 40. Modify the following language in Section 9.52.020.0050 — Definitions [p. 5.14] 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. 5.261 Affordable Rent. Affordable rent shall mean the followine: L For 30% income household's, the oroduct of 30 nercent times 30 luercent of the area median income adjusted for household size atppro�oriate for the unit. 2. For 50% income households the product of 30 percent times 50 uercent of the e= tinedian income adjusted for .household size approorine for the unit 3. IPor 80 °/n income, honsehold�s�7_p�e�rioss in9rp�s_exceed the maximum incomes for 50% income households the product of 30 percent times 60 percent of the area mean income adjusted for ou ehod size apnrobri9te for the unit 4. For moderate income households. the product of 30iercent times 110 percent of the area median income adjusted for household size anPronrate for the unit. FFr purposes hercin, affordable rent shall be adjusted as necessary to be consistent with pertinent Federal or State statutes and revulatigns cerryii g- Fedend or State assisted housing. 42. Add the following language as Section 9.52.020 — Definitions [p. 5.26] Area Median Income or AML flit rutdian ai t, income published from time to time HUD for the Los . ri eles -hone Beach Metro>o &tan Sta tistical �l tea 43. Add the following language to Section 9.64.0200) — Definitions [p. 6.1481 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 purposes hereon affordable rent shall be adusted as necessary to be consistent with pertinent Federal or State statutes and regulations governing Federal or Stattassisted houuainv. 44. Add the following language to Section 9.01.040(A)(2) — Applicability [p. 1.6] h. A legally - created parcel of land existino� prior to the effective date of this Ordinance having iess area, frontag_r. or dimensions than required by this Cardin mce. iu the coning district in iii i1 the parcel is located shall he considered a legal conformm parcel. 45. Delete the following language from Section 9.52.020 — Definitions [p. 5.37] 46. Modify the following language in Section 9.07.030(E) —Development Standards [p.2.11] Modifications to Required Stepbaeks. Required �, °mss°'-° stepbacks may be modified pursuant to the Chapter 9.43, Modifications and Waivers and, if deemed necessary by the Director, reviexv and approval by the Architectural Review Board. 47. 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 street -side setback. All equipment shall be mounted and enclosed so that its sound is not audible from any other parcel. 48. Modify the following language in Section 9.22.020(B) — State Incentives in Residential Districts - Density Bonuses [p. 3.24] 3. A senior citizen housing development as defined in Sections 51.3 and 54.12 of the Civil Code; or 49. Modify the following language in Section 9.22.020(F) — State Incentives in Residential Districts Density Bonuses [p. 3.25] The proposed housing development, inclusive of the units replaced pursuant to this subsection (E-I), contains affordable units at the percentages set forth in this Section and Section 9.22.030. 50. Modify the following language in Section 9.51.030(B)(2) — Non Residential Use Classifications [p. 5.9] b. Kennel. A commercial, non - profit, or governmental facility for keeping, boarding, training, breeding or maintaining four or more dogs, cats, or other household pets not owned by the kennel owner or operator on a 24 -hour basis. This classification includes animal shelters xn�>ei :shops and animal hospitals that provide boarding -only services for animals not receiving services on the site but excludes the provision by shops and hospitals of 24 -hour accommodation of animals receiving medical or-gx mg— services on site. This classification also includes kennels that, in addition to 24- hour accommodation, provide pet care for periods of less than 24 hours but it does not include facilities that provide pet day care exclusively or predominantly. 51. 14odify the following language in Section 9.53.130(B)(2)(c) — Content of Developer TD \,I Plan [p. 6.39] iv. Transportation Allowance. Offer a monthly transportation allowance equal to at least 50% of the current cost of a monthly regional transit pass of the resident's choice (e.g. Big Blue Bus 30 Day Pass, T\letro EZ Pass, Metro TAP Pass or equivalent). The Transportation Allowance shall be offered to all residents listed on a lease and their immediately family living at the same address. Immediate family includes spouse, partner, children, parents, grandparents, brother, sister, father -in -law, mother -in -law, son -in -law, daughter -in -law, aunt, uncle, niece, nephew, sister -in -law, and brother -in -law. A resident accepting the Transportation Allowance shall elect to not lease parking spaces at the Project and be required to execute a contract agreeing that said resident does not own or long -term lease an automobile and Nvill not own not long -term lease an automobile for so long as they are in receipt of the Transportation Allowance. The contract shall also specify the resident's non - single occupancy vehicle commute mode (e.g. transit, bike, walk). Children who reside full-time at the building shall be eligible for the Transportation Allowance if the parent that is primarily responsible for transporting the child is also eligible for the Transportation Allowance. The child's parent or guardian shall sign an affidavit stating that the child permanently resides at the building on a full -time basis, and the child is primarily transported by a parent or guardian on the lease that is eligible for the Transportation Allowance. 52. Add the following language to Section 9.54.110(A) — Voluntary Merger [p. 6.69] Z_ The mercer shall not create a parcel that exceeds the lot consolidation size limit e_stablis ed in Section 9.21.030(B) for the zone district in which the arcelis created. DRAFT ZONING ORDINANCE List of Changes to Draft Zoning Ordinance as Approved by City Council on May 12, 2015 1. \4odify the following language in Section 9.01.040(D) - Applicability [p. 1.7] 1. previously Approved Development. The erection, construction, enlargement, demolition, moving, conversion of, and excavation and grading for any building or structure for which a valid dvferetionary permit or building permit was issued prior to the m6f�6( n-effecuve date of this Ordinance and which does not subsequently expire. A th re+ionoir permit o btsk}n, etmit -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 ;nkrpfiim o futfive date of this Ordmance� No nuneeexate:rr�ierxs; oldilt %IY411st t�riylN 1-nwc eflvuddtrxl; pc aN- •.;}rn- 41-lie PHe1 d -fr> ,rrtj- �iisest {terr,Hjr l.;rxssx tfi rt ltu lc'.irtg i3et sxxt -aj>j roved -IT irrt to dye atlfrplten- e €€eolvti dsi, of- flii"Ofthewrnee; 4.- Applte'_tlon for I'tojcrt��'rotws, &_ 1� apnlicaunn lot a Pbuming eattllement except a Dcvelppi)<ni ion drleimmed mmfre on nt bcfotc Apes[ IS 2015. 2. Modify the following language in Table 9.07.020 — Land Use Regulations -Rl Single -Unit Residential Districts [p. 2.4] Use Classification R1 Additional Regulations Transitional Housing P - Adult Dav Care CUP Child Care and Carly Eduoation Facilit CUP Section- 9.31.120 Child Care and Early Education_facilries Bed and Breakfast CUP Within Designated Landmarks only. Section 9.31.090, Bed and Breakfasts 3. Modify the following language in Table 9.08.020 — Land Use Regulations -Multi -Unit Residential Districts [p. 2.18] Use Classification R2 * R3 " R4 " Addifional Regulations for uses within specified areas, see 9.08,030(A) , Within Designated Lan rimarks only. Bed and Breakfast CUP CUP CUP Section 9.31.090, Bed and Breakfasts 4. \4odify, the following language in Section 9.08.030(1) — Development Standards [p. 2.281 Courtyards. Parcels having a width greater than ninety -nine feet and located in the R2, R3, or R4 District shall provide a courtyard cep +(eed 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 nm.- }>c-- ddt:,Ygrxef? —hr ar rommed3la, as :rrea 1st t to no c a_e less than one thousand square feet with a minimum width ,t�xd h uuth of eighteen feet measured parallel to the front and side parcel lines. Required setback area shall not count toward the minimum width and I.,,a,pgaj 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 £_'otnir. t4,Ir.x$-be vitoltl, ind nd saclr- girmea9— ikem —rnei+- 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. _Couityerds shall he Vilihl< and ac<<s"ihle from the is —lend) tnd each �r�c�uod_,[ so�unit Court.}.ieds S \i least 5(f /i of cour, ud llMiS 11 dl br tihint<tl imisuaLt Io cclions 926,000 and Q,20.00. Planting shill hem gnwla <ni fnushcd plauteis noicsue3m e lft ax hes abosc ie�i hed �,i tdt ,1[ Ic 1st uai, ennopl• tic, nx t resell ImLovi ing a mmnunni sod vo)y7mc pursmilif to tit tion 9 9V 050(N) 3) shall he p)"tnied_ui ill coultthers. m't 6 the ioetlr of nrt imao enrtraces to Ill gtowid flow imils hill_ be a< eesscdfmm dw sheetitemf Wle of cou tya d. 5. Modify the following language in Table 9.09.020 — Land Use Regulations -Ocean Park Neighborhood Districts [p. 2.33] Use Classification 'OPI OPD OP2 OP3 OP4 Additional Regulations Adult Day Care -CUP CUP CUP CUP CUP GC (Ocean Standard MUBL Section 9.31.120, Child Child Care and Early CUP CUP CUP CUP CUP Care and Early Education Facility Pico Street) Education Facilities Regulations Blvd) Blvd) Blvd) Within Designated Montana Landmarks only. Bed and Breakfast — — CUP CUP CUP Section Maximum Building Height (stories /ft.) 9.04.050, Measuring Height Section 9.31.090, Bed No limit Chapter and Breakfasts 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 X000 ,1-2„500 square feet of floor area and /or exceed 75 linear feet of ground floor street frontage regmses without the approval of a Conditional Use Permit. (21) Permitted if witbin buildings existing as of the date this Ordinance is effective. All new construction, includinp'-u« tddi iorr of 50h m mmcntnonal snu arc toot rge to to a vellilt; one vne. o, f in umcntaLv, aficr dw vft<cttva dalc of this Oidin nice 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. 2.511 NC GC (Santa GC (Ocean Standard MUBL MUB Monica (Lincoln NC NC (Main Park Additional Pico Street) Blvd & Regulations Blvd) Blvd) 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' 40'7 on Pico 32' 3532' Production Blvd only Program 8. Modify the following language in Section 9.11.030(A) - Development Standards [p. 2.54] 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. 2.751 Active Commercial Design. The ground -floor street frontage of buildings on��,mctt ial bople v:n,Js intended to accommodate commercial uses and activities shall be subject to the following: 10. Moth£, 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 _W_i in, Designated I aindmgfks oronl 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 slaal4 smtkrigHc-- t#rtrra- he- httrt�tpei- brrt4dtag xnd see, t-, st- sha tut 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 cn ulii�uu residentially zoned parcels shall be combined in ownership, or enlarged in size in any manner, so that: 1 iv, beet ei pa reel dmleielie+n q "ateeihe 0-sgi+ feet -tn- size -a Ily: p Tree -t}rt etc X30(rn ea to wir He cr tirr t ficH =c- a . Pik Ors n: e a lei;t- ec>ahlovsilig 1>eteeth 61 din flits rt-P -,irlc tiff F?rni} z+ }tkir>_lnir l k eah m c- orrrbrae {j;,_l�axc= etv- e- cysi_t mi--i» as -;-;t } „te h +et- tlr.¢sr- 'ri3!�(� ge cm— feat of t-he.: ce >3ubificd px;crlr ntel#Fi exc-c ed� s i�tee9 -Irr ike 43e< rn �m�t \{elfir8at- 1\S.�I�kr�t!iirmd i3riHnr,�, asti jise -eel fl +a+ rae -eed� `+fl00 . wry rs-r feci -t r-tvr ae _3G 4-H n3 tvi* -h4l<- =.;�ti± r» rt3- rrrf#_v- t±i= re- kte- e3l- i- }rtrfr snrrrf �3rcivi3'rtrn e:rtlutlF r:- a kb ik eerertemnni+ ttrei the cgorbmed parcel contli li ni ue�i _g, ee ue s t1na� 500 iyuae (eel o: xe nfcc than 125`% of the ,ivLurat }Hotel zrei of pieces located within a 500 toot ntdiuye of the combined Pared within the ,gene voeiJq, C6trict, Whinc'wct is 1i ss. In the <7ee,rra P uI ne ? }ja,oihood eitlleicts, the enmbfnr~t3 p teelw eLl un w u i.,se de than SHOO ttu�oe feet of tlic m than 125`90 of the evel"Ile pereel ucz of hire els lo< ueel evifhnn e 500 fool i icials of [11(t combad I'iic.el within the tiame ioniuri elrstiret, whichever is lh s ,lf }y legn]iy created fueel csisdm prior Io file effective date of ]his Zoii,.iinu Ordinance (hat cwceeeds (hcSe conoohdatlon limits shall be considered h Ir [ nl_ con(otatu?` mete) 2. The parcel fads 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] 1) N<,tsvtthstTndfng_subsceltons ( anyd � if the hecttl final use becomes a corumorct.luse, the U indanjs of this Section ,hall elo (gnpch ai>oly 14. Modify the following language in Section 9.23.030(A) - Qualifying Benefits [p. 3.34] Af£at-d -abt� Housing. All Tier 2 projects must meet the following requirements: 1. ,9 `o -d hk_ Hou,&._ 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..A1T fracHoYlAI ;t fordeb]C Lonsirhy unti that t<suh ,,_t om dti5 formula shall be provided qs y whole affordable llowu4l uni t c resulting' fn iciion shall be rounded, up to (he next 1 vipe tnrcj4,er), 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 shall not iucludc arm- 1[ndet)fe Income uniis�as decd b4, Section 9.64.020, s,Subjeet to the modifications eont.tmed in (<) tblou,l; this subsection A 1,_ill of (hc rttordable�trv.�tc shall complyvmth idltltc provisions of rim 111(1 Chapicr 9.64, (ncludeig unit sine- imd -tlpe: Ll hr additifhfiYl of {ofd"ibh hlel iltg i+rti +s Ibrovtded pwStimi k> >Iti£r 5tY1-Y64'Cttfl14 -�' - 'thRii oxen - Plc -sflffig retltoi}v tfl4v ss- tFse- -rE-k, 3trble -ktHV wlits letpluetl- +sHfla4 -t6-1 Peln +ri A G 1 H5A Ad�r+er o�IheT- €ferrcf:drle :4ere�p txsit3- jrt<wtrled- 7rm�tarr9- tar -t13ts scrbsec -tf� (�(-1} s3nx➢ inrlt,de ,lndeni<r- ircnt'rxix^ onii,, ere rle(;rtcad -Hl see.iion -9:6'f 1}y?E3, C. Affordable housing units required by this subsection (A)(4 -) 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 thet''inal S onstloction Pemvt Siv)n ( )li of Certificate of Occupancy for the affordable units is issued prior to or concurrently with the Tier 2 project. �r�mat� P}rar�N j,er'eerii <r( {hc- tyFZd�u�mbcre- k+n +N; rt�thhe: xvtrka ri:fl -e= sn�ecl -tree prejeet hurl I -bc - ufitndi o -anti Is r -,r14 Irasi i49 of Ore ve,,44cririsl or -miily -ow- pffijeet ,ball be' He'U beelrearo of tirtee- Feed- eeoix -mrit� 2. - UnlfNfi. ,`,ir ants iiOL>(ivngri-.v<Iclitiatnd mixed - use pioiecta shall incornor le the lollo ului . r --vor itffordakrk kokoir:tr- i};-ip tr kel tiic_unrty; i. At lelsi 15 %_of ille 4urts_shnh he dije_c bedroom unite. ii _ Atleast 70 °(a <>f [h< untie shall 6e twoliedroom units. iii—_ No Moe iliit_n1 1 K4, of they units shall be siud_to_mit. }iv Pt lvvo e flunibcr of bcdtoum_ ( all of the, n#{<mia1+3_: laoe myy; rp,:�dcc[ t uui s co(nbinvr] sh (Il be vt Rai bcivvren 1 2 : 15. 1,±� pee: of call oft ng tx .rues ate, t #e-c:_,l, ) tfr yon wti FS :,knll ectal±N ;rs n ro bedrea r� V lygtvvillimandini subsections'2(atii )-tbovr.,p ally iiuwrntl holvin?, wi,iiIcs tS hilo 5 that icudi�' f,ram this unit tnie shall be rounded clown to the u<sr louver illfegel- \lry fmoion il housing unir of 5 or tpoic ih ;l1 icSuiis fron, Illis un it irixehall be rogiulc ul up (o�hc ncet la(fgu nntcgu. t of 'r1Pi- c- -m;t+n +sif "tlf<>tcltblc hcic,.in:;_craits�., t -lr tt 444oerr =cneof r}.e tevmnar +,7ihshnlE4+ krc heckrticrut a »ktg- ii The avet.tgr to „smbet of bedroor i, foi all of the reo�inini” affpjd,iblr Mousing u, nit, combined shill b ai c'asfi 1§- equailo oc r_a(ct _than the „neilgc_ ynmheif_nf be t( on s�o>tiyide (1 for all of the ni irket rate unitstp rrsll mt to subsection (,V L-114,Ri of fhis 4c cti ran,_ 1 <>e ;xail>tsyes -rf a- ka -k -zt a {+ii tlrtrr t -rr tie, isi1, .imil , with s +ivl,' rh-arl Phrec°- becFio<as ak-t!I cumof qe 4aat'i +FZH-- fhtre- lie - raenrs -. <_ _ Ilie Dirceti mate krt a waive( ftom (his unit mi tcum(enaeynl pillo inl ro the r<guit.ements and fenocellloe, for VSrary r s in Ch:iwe i 9,43 __I he tc luirnc nts uE s nluctioi (ul of fhi, Scc GOn shall not'. t<ir>r olccr a4h< aligns flied ptiot to (he rifer live date o_Otis ( )rdir mce, 23. aVlrii;//eioa `'rs. Applicants proposing non - residential .ind mivduse 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 Pee 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 Nvith the following requirements. 1. Minimum area: - 1544) -7 500 square feet of usable space. 16. Modify the following language in Section 9.28.040(x1)(5) - Calculating Off Street Packing and Loading Spaces [p. 3.66] b. Maximum Amount ofParldng. 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 tc ea cl- #-Fie -mta, is elle" to the 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 ap il,it�,t a ��uv'uiricnfti for thosc afcas vtsirosaraud- ;�FmiTreza, r�fecl- lei- denatFy- ,�riek ttms�sii- afi3ernterl -areas tchex• tl3eo-c rs� irn£e�sl�eetisai�te -�eli• tits sktetrr.+tivea ta- pnsfvaie arnermolrite rose- lalrle 4:iW, 0i(} pkt e�.rlHe Ynuir� }1(statees -�ttir 2 c�eg�ries -thxh c- rx�cer, ex<1 re kl rie 9 2.8.050 cli st rvatc'�L\yhleh .hens consttiute 1,- lrhilw Ove�y lien 1?s icterenced in Table 9.28.060, which lists the off - street parking requirements for e.4 .- asc ctassi€irNflarx in-- "eh - e£- t}:t� -z^-p trlang 1- 1;, i-_ 1= r�113�3itYSt :riscrt7._F- )tstnrr.. �rrtcf ,Al i�tln q_ur,zs Citywide (t?sc lii<tns, I lie, _. Mi:eel- W'._e. =rmi_ _eM xttc�c�i t'gt� -id P1rl.ing,0vcila .;l rea ( Downtown S>cFi (tc Plm al F,-�3, and Belgamol Airn Plan aic3,) nud Eor7 n O_vul,t__,lre_t t. rte_ v �. ®'yCti94 n�g�4ROUreesrv.e er+oe a°e[Y4G5S SIY 4'fBC"!'S9dA'Y. Mixed i Jac Tranepertatba Enatriets Mixed Use Beu+evard+ Wilshire Boulevard! from- Naaada iioul evard to 40 Street and from 14" Coul t to Ig"' street, couNasido-Soderade- Avenue to Cloverfuddl Boulavand, south side; 4 Street -see£h oY Olympic Drive, east sidz. Mixed Use Boulevard Law: Santa Monica Boulevard from p3f" Stood IS eastern city Irrnitj Broadway treat Lincoln court to 26"1 Street, Colorado Avenue from Lincolur Court to Clover#leld Boulevard; Olympic Boulevard from 16'" 3 reob to- 17"-Sneetj Pico Boulevard from - Nelson Way -to- eastern city limit, including arena nortkrof- BiGhiall Avenue - and - Oran {- Street: Parke and Open -Spare area hounded by Ocean Avenue, Califore +a- Avenue,, Lincoln Boulevard Santa Monica Beulevartt�6ent+;ueia- &venue and- Oae,in Park -Bou evardl and the - area Sounded { -Main Street- C;olor2do-- Puenue 21'- StroeE and- P +eo- F3eule -yard: General Commerobn! Ron Boulevard fr m Lincoln Botrlevaell to 1 I"' Srr;rihF Lincoln Boulevard bore-Santa Monica Freeway to Ocean Park Boulevard; Santa -p. raie<`t-Boulevord- corAd ©r- from Lincoln Court to 20"' Street Wet krkaoxt*aoa�Gorrrmersial;..- Olympie-Rouk:vard- from -14" Street to-1- fi°- SEre, �F Pico - Boulevard drera-Mai+rSaur to Ceniincla Avenue. MiGhigae- Avenue from Fuelid -Street to -1-4"' Carat; 'k4W'- Street - #ram- Michigan- Avenue -to- Pico - Boulevard; Main Street from Bov to Strand - Bercgamo4 Bpesi#ic Plan - District DsWnieaaru- 9pSGhJ"e Plan DiStrist F4oa +CkacareN€+;cec- G-UCe: area- bounded - by..14 "' CetukT VV+lshire Boulevard, - 16 "'F;euudEand -; Tanta - Monica- Boulevard, add-area between 19t" Count, RRisnrre- Boulevard. 23i' Street and Broadway, Ocean front Distrtatatrea bound by and includin<3 Tanta Monica Per Ocean Ave between Barna Monica Pier and Bay Street - Bay Street - between - Ocean - Avenue and Ocean Front Walk, - and - the Pacific Ocean: industrial Conservation: ire;aeasto€ Lincoln Court,- South -o# Oorroado Avenue; weer of Stewart - Streetand- trorth of the i9#}. Civic Center fnsd4d @ +eraaNPakot4c -Lands area bounded by Main direct, Olympic, Dove, { Incaln- Boulevard -, Arizona - Avenue; -Yale Street, Stewart Street- and -Ocean Park Boulevard Office Campus: area cast o #Clever #reldBoulevard nodh of Olympic Boulevard, South of Broadway and West of Stewart street, Residential t# Gornmeccal conservation Districts Alt Remaining Districts FIGURE 9.25_050. 344 {�-� - [- 1��'E ":3143°dSF?&3t�l144 =4F i- J-ISTRIGi-'- A.- ND—V.- -FY- 0E- H1- d&;-14._ ..'_ � -f']3' 'rP :N4FI' PARKING OVEAILAY AREAS 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: 4a. The primary use of the premises shall be for sit -down meal service to patrons. Aleorrol -shxl fro be ,rY'ved. -tr j�+�,se+�r. r rec�ii- fl;�aif ,� -1-nt t' b re.� dais. i?; r-c! .arras,- ishrrrnrttc'FI -- Entertainment may only be permitted in the manner set forth in Section 9.31.290, Restaurants with Entertainment. 7 With wspcci to IheDtseciol', deli v» for Vcobol f:eumplem Zoning C uaformanee Permits fok icsiaivanis with uv(,):_`10 _e,,m, vitbllr_ two _1?rumc_,_,_chws, from thNd_ate when the determination has been made cols ennung th applikfion and _posted on the (11} tip' sile the 7 )r_ccfor hall tr tnsmil the S llfemcnt of Officnl \ -non to the ap ruu it the address shown on the apphe tdor a1 d tom property owners and Icsiticiltril ;mod <ommtf'J d ton uiis ,wilhin a radius of 750 feet from the extenol bormdarfes of the aro xrtt involved m tine ll rRhc riig>l,'Iltc rt>>Iicnot Or 'L 'no terry Dryness and residential_ and soir_uneriild Ivuaw widli a nldq?s_2 LO feet from the exteliol hollcdarte; of ibe piopesly involved ill apphc .0 rSrn m,ii, eIm il the, d(eitiion ill the Plemmng Commisvon follovd" the pvoc"llures wt fol tth to Section 9 3'1 15(jfB )) m- - d subject to the findings of Sccnoti 9 31.040 (C). 19. Modify the following language in Section 931.070(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: PAR. A newTier 1 limo dealer Pc-iliu 01`a Tlcr 7 ns aansion of an exisimp auto S]£ vie r f ciijhr „tilitO,be allowed an addnton rt 25 J _1Rahove the matimtnn._Tier 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 parkaig/ automobile storage shall be discounted by 50 percent. 5. Devglopistcut Relderv, N of wil list andsag Scciion 9.40020. a Development Kcvjew pertzt shall he riLquilecifo r Int ne n amo da ahe Erectly teat hicini to existmi leglaifly emblished auto dealer facility or « fir n ion of all ceythlg m to dell r trulily if such it ilawmeni buildiyt of cspan,ron csc red, 25 000 quart fcitt, within llie"1xr I maxim Lan limits. 40. 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. 3.132] 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 6,6:00 p.m. orsg,isa t rrhichenrri com<s.figst. on weekdays and 9:00 a.m. to 48:00 p.m. or s,4},p5el whichever -antes fire wf 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 68:00 p.m. or sums t r iid v <s comes fi st, on weekdays and 9:00 a.m. to 48:00 p.m. of mo l t, whiche- ver comes-fiir 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, of Social Service Center,... -9r otber Medical Vin Dtsl7ensa�t �. 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(1) — 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 pe r m ment or lc mprnvo t oi: dance floor 01 dance atea for patrons. 24. Modify the following language in Section 9.40.020(A) — Applicabiliq [p. 4.191 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. 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).; crnatituction and new iddt(ions k entc(infi buildings of 7 900_ so-ware Ieof of floor area, to tted in tb< Plu, Neiy;bbo5600d i�ea. IIT( >UYYk 9, .(1_OZ0(h : PIC_;d} NEiGf7BORHOOD AREA ICif1I1 t71 -1Il0 C3�4[I'i� lilt �lY� AIRPORT F I L➢ I IIMBI III IIIMMIIIf L� l li ] I ()1� ➢ll 1 11 I 1 7117 Bill p)1 1' g 7i yLIIg3 ful 7l�ul�(1U177IR m l-7i�I➢�PE 9, Eumv l7llll�l I � f➢7Jll 13 IX111110111 .Il �llJlilj I ppII��H��>��flp��m�llI)II 66H C-IIlI.11111 11TH Y111P 1 i Ir(1 , {L Il( r t i r- �.[I[ll�p'a IIOIIIWHI�I IV ��IIII�L i llll)fIJ`kl if 2`1[ zfl�lll * .{ INTO +_ W��3 � 11 � Ii11IL C41IlIIl IIM 11119I�Ih F Tl `ii0f 7 f 11771 .�l �E� ➢�� lir l cite` �� mfu �:1 rxl U. ltj7na urr. _Fa C7 ➢IIIall I , }J >' L3IJ� J i f�, 1 € ppi» �m114 1 31n t3 tiil1 m v IMi 7 3� 1 �1 ➢(J ill¶�ip� f II n Imrf ip 1p3 r �.. I r f ilfl� t 1 !•_ a � ,I r Q_ I �, ll� YJII703 3 :111 v ��- 11 'fflllllP�... ?a " e ,. , ,f tern la r-r i dF�m,�, I *Id�'+7 a.11 '- III �f�t I 1 , ��r7- Jr A4b 1 f-- r, 25. Modify the following language in Section 9.43.050 — Applicability: Fence, Wall, and Hedge Height Modifications [p. 4.29] (..,._._.__ €Yegc::terrct f �ist rn Noneogf6gunnx S"ences Walls, and lled gC. ].it c;,e<stsovx:wtx._PcUCec_{ufe, Procedures and li mr d 71adill Skit Frnac, \Mall, and I S dge I feigh[ Nfodific'Moflsl 26. Modify the following language in Section 9.43.080 — Procedures and Required Findings for Fence, Wall, and Hedge Height Modifications [p. 4.30] - _ _HeEgh QMf)(1 dfI(,._4i4Qll Of Registered ,X96ting 1 onconf( rming �'ei S" t� ✓:i�1S�l lxd HC;d}?,e S-'_' H➢seretioccary Procedure —\ p�e<) ox�ne� 'may iequcSi a hctkhr1yod➢ttcauon lip to 50 %>ve ih_e 10 hc?tlhl of a ceg'iq reed ear iilo n_one<mfounitzerl<nc e. avall or hcdpfh ouL1ia 13itcclox heatine sub's onhVto.t., rollol�(ly�gttndru�:.! 1 The IldlacclAf paucl owncr(s) lbat shalt li common parcel title ticoe'l to flic re is cred fence (_xl$I ing—sisr is I ll tC_, Th subecf fence Wall, III hcdec will be comwuiLle suit, oih<i simile structutucs ma nc.,,ghborho,pd and is eecfwted to_mitiiue i:�}p c fx�_ndj)c�n I -ud a +es, die sub'eci pupeti }''s ro\inim, Ill ouhlic iit;h,s of vs,rlc,oi sdrfs concerns� 4 Th ,rar.un' of snch modificztion will tall be demineniZ of injurious to the Wo>eiiv of lanhtoscmenh in theme )',1J_Vjl ii )if call, diUr:i tm meat, die grope ti ,_ local, d; :In1 S. Tile rnodifcation will n ri lmpa _,lhc Jute ri e and ch u. c e of I,c ueis,burhood in which tile, fcmc wall os,°dec_is loci t ed. 27. Modify the following language in Section 9.52.020.1900 - Definitions [p. 5.411 Person. Any un bv-idsed, iaittjal person ogoihe r entily rccogiuzed by C"llifonua lase as such, includinc;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] 1. Vieincey of €Y h_.: Overlay Aica 2, Non rc5idertti;al propefties located within tHe- S,= ienu+t- e( -T-i�� li _ibft 1-r ,�ir._ F. rrry P,irl<ing C )t d it__li�e t 2 ide nti tied ui I �ingiee 9,28,0Y) rntt he dif;ble to provide prrkilig, a t[ie [?.{rkus}, Upe ;. ___ j- ( a 1 nucs specified vi I.dile .929.06 P t'1-ine Pctulutons by llnc �rnd Elisfsic4 I ocal ion. The+tpplx.uu Shall have the bill C1,11 of proof for a rcduciion in the folgl munbei of iequined-patking spsrs, and docunenPCiion shall be s'ubmittc{ substlintiattnng the rea __ ov this rfxlticstad par(<in edocuon lteducut pal k« shall be a isrovei3 ouht if: t (on hail_ce with Cransroitation Dunvmi ,Atan rc ment ieoruxeme is demonstrated of sufhc.cent evidence is s�tovuled chat the project will comma; 2. Uocmnenta r is p ldrd to the snuslac iis)n of the DllLUOr _LI i tie 1)aikim to he sul>nitt d will nc r r P,c net is of dw on site uses_lncl 3 zlddiitanalrfylurreme�c„ rcltiictions ai itzi>renlcnis as deemed ncc<2sughv t1ie DireUOt are included as a requuec I'll t(S) t" coswe ihit the nulur. s� will sansftr tlhe needs of the on sit, . 29. Modify the following language in Table 9.28.060 - Parking Regulations By Use and District [p. 3.69] TABLE 9,28.060: PARKING REGULATIONS BY USE AND ST-LOCATION'. r, 4esidentiaF &�otr+mei�taFGense+�ttion Land Use Classification brsFrack;- Oitvwide (Excfudi _g tN�.§Mxee so Tra+sseortatior� Dist4ot- Parking Overlay Area 1 { v/ rxed- flse- Fransgorlafion- DrsFvets Parking Overlay Area I — - Downtown Specific Plan Area and Berraamot '. Area Plan Area 30. Modify the following language in Section 9.01.050 - Special Development Standards for the Protection and Preservation of Historic Resources [p. 1.7] In order to preserve and protect historic resources and /or properties on the Historic Resources Inventory in the City' through the City's land use decision - making process, this Ordinance authorizes flexible zoning standards and modifications to development standards for these resources. This Ordinance also establishes heightened review standards before a building or structure over forty (40) years of age can be demolished and imposes a more stringent definition of "demolition" for buildings or structures on the City's Historic Resources Inventory. These provisions are located in the relevant sections of this Ordinance and are fisted below simply as a locational aid. 11 1. Section 9.07.020 Bed and Breakfast within Designated Landmarks in R1 Only 2,_ Secti,m 9.08 ,020 Bed and Br akfW ni0un Desi„n ai d Lindilyarks in y -lulu L 11 3. x citon 9 09 020 Bodlul B )l a"'M witbtn Dcsignale d I andm ark s m Ql��y 4_ Section 9,15,020 Bed and Breakfast ¢rtFuu�,�iiriued L�dmarks in O7 Only 2'i. Section 9.25.030 Demolition Defined 36. Section 9.25.040 Requirements for Approval of Demolition Permit 47. Section 9.27.030(C) Replacing Nonconforming Features or Portions of Buildings S8, Section 9.27.030(F)(1) Demolition and Rebuilding 69. Section 9.27.040(A) Damaged Structure Restoration Application "F10. Section 9.28.180(A) Reduction of Required Parking 811. Chapter 9.33 Historic Resource Disclosure 912. Section 9.42.040 Required Findings for Variances K A. Chapter 9.43 Modification and Waivers 1 -114. Section 9.48.050 Unauthorized Demolition of Historic Resources -1 -215. Section 9.52.020 Definition of Attic 1- .116. Section 9.52.020 Definition of City- Designated Contributing Building or Structure 417. Section 9.52.020 Definition of City - Designated Historic Resource Pi 18. Section 9.52.020 Definition of City- Designated Landmark R,t9. Section 9.52.020 Definition of City Designated Structure of Merit 420. Section 9.52.020 Definition of Historic Resource 7. Section 9.52.020 Definition of Historic Resources Inventory #922. Section 9.52.020 Definition of State Historical Building Code 31. Modify the following language in Section 9.31.170(A) — Live Work Units [p. 3.138] Purpose. This Section establishes regulations and standards for creating and operating Live Work units as a prairiaa�y e ninititiccl_eommercial /industrial and residential use ravkrit(s- Ehe�- e�ceupsrrt resin #es .ra rt- ;t'eerxl:rrl- 3;tttt4 case= aettr�i+1 =. The purposes of these provisions are to: 5. Provide for the health,-cw4 safety and liv,�biliilv of persons who reside and work in Live Work units; and 6. Ensure that the exterior design of Live -Work buildings is compatible with the exterior design of commercial, industrial, and residential buildings in the area, while aasiatrnrt- Ifli --the predolnulauf 1wlillfailling and ryypietng both dle Iesid ntlal and workspace character of live work buildings. 32. Add the following language in Section 9.31.220(B)(1)(a) — Ongoing Outdoor Display and Sales [p. 3.146] 1v, I)isolav of brcl< la ocaueligil I I ' IahIiyjame I ri devow,I solelLlo�ic Sd4s.;and scrVice. 33. Modify the following language in Section 9.43.060(D) — Procedures for Minor Modifications [p. 4.301 The decision on the application for a Minor Modification shall be mailed to the applicant, tld to property owners and residents of parcels sharing common parcel lines with the subject parcel and to other imfividuals svho pv>md4d svriticaa notice fha, they wished to re<elsc the starement of official Action for this item. Ill addidola, a llwi�gar is -the decision_ptl the epplicanon for as Vlnxot Uodit« m m ill 11 t shire of the decision and dx C ci- ) „avGt�scte xddecas,Schci fhe delc mnzcfion h is hewn aosi d shall be Ilosted in an area most laun 10 fc e t ios de the 34. tldodify the following language in Section 9.43.110(A) —Appeals, Expiration, Extensions, and Modifications [p. 4.33] Appeals. -1 Any person may appeal a decision on a_ moan modifae a 'on; major modification; waiver; or discretionary fence, wall, and height modification pursuant to Section 9.37.130, Appeals. 12 .-- �'ke�ap(>:fc cs�i r>t- ,i;+y- perr {s:rt}- titessr rte= �sifle:;Frr p;:rte.�Irrlrreis: er)srxnon parcel— Ices —wi173 —the. psa C -shay appe.rl toax- Ee- El- ie -lr> amt;- ::rt{fxritisfirttrn- fc>3lrrds istp; Ihr- } >s *>eec {3rtes seN- �»= 1- 1-r-�n Stcioi3 k }'57.1 35. Modify the following language in Section 9.64.050(D) — On -Site Option [p. 6.1511 Ise > - piortded in Socuron 923.tH0(1), r4any fractional affordable housing unit that results from the formulas of this Section that is 0.75 or more shall be treated as a whole affordable housing unit (i.e., any resulting fraction shall be rounded up to the next larger integer) and that unit shall also be built pursuant to the provisions of this Section. Any fractional affordable housing unit that is less than 0.75 can be satisfied by the payment of an affordable housing fee for that fractional unit only pursuant to Section 9.64.070(x1)(4) or by constructing all the mandatory on -site affordable units with three or more bedrooms. The City shall make available a list of income levels for 30% income households, 50% income households, 80% income households, and moderate income households, adjusted for household size, the corresponding maximum affordable rents adjusted by household size appropriate for the unit, and the minimum number of units required for 30% income households, 50% income households, or 80% income households required for typical sizes of multi- family projects, which list shall be updated periodically. 36. Modify the following language in Section 9.28.110(A) — Unbundled Parking [p. 3.81] Applicability. 1. Residential Projects. All off-street parking spaces in new residential structures of 4 dwelling units or more, or in new conversions of non- residential buildings to residential use of 10 dwelling units or more a� shown itt. Pt wr 9'281110 lreas R Imittitr UUnhundled Rokine, shall be leased or sold separately from the rental or purchase fees. —This provision shall only become effective if SAINIC Chapter 3.08, Preferential Parking Zones, or any successor thereto, is amended to establish this requirement. 2. 100% Afbrrlable Housing Projects. 100% Affordable Housing Projects shall be exempt from this provision. 3. Nonresidential Projects. All off -street parking spaces associated with new nonresidential projects as sh<nwi 'n t „uic rjf .110, ltcag Rr rluulir,�, tJnlnuu{ led !?rn kv74�r shall be leased or sold separately from the rental or purchase fees. �I \ntwithstsndva+ rje �boc r, th( --- unbundlu tecPurenictu cf irth m this See fi a<n�nat�_hec�rxae optional 1 xnd nut m= nduoiv,it to the omen( hntjly fensihlc' the -Cttt tmpners �Idlsrit>a}�' loxtmires ¢Inch world aclneve a comp lolbJ,c level Of vclu<Ie hip r= duUton. 13 FICURR9.28110: AREAS REOULIMNG )NDLED PARKING 14 Reference: Exhibit 1 City of Santa Monica Municipal Code Draft Zoning Ordinance April 2015 Is file with Staff Report May 12, 2015 5 -A /6A within Legislative File 400 - 001 -10 LIST-O�AAAGES TO 13.7PiFT ZOrhlG ORDINANCE AS APPROVED BY CITY COUNCIL ON 11 DRAFT ZONING ORDINANCE List of Changes to Draft Zoning Ordinance as Approved by City Council on May 12, 2015 Modify the following language in Section 9.01.040(D) - Applicability [p. 1.7] 1. previously Approved Development The erection, construction, enlargement, demolition, moving, conversion of, and excavation and grading for any building or structure for which a valid ch eretiunmy permit or building permit was issued prior to the adeg- ;;effective date, of this Ordinance and which does not subsequently expire. A c}i; e,<,tieca:i -ry- permit m bc4elrog permit -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 arkrr tie- rreifc c tive date of this Ordinance : -A4r tirar- exEesrriecr, :ete }r;r4ir ny- h,rt- r»ts�;h�l :r, ae- 1 -reesi irlAnwzwed E>r- .trr }+- e{ise;c:HCrrrrry -"C mit <-r: l�jadc ?:via;- p- i.�=ft it';krrkN3e = rre�tet;- €ear- �y�d- t;oetet r;':n�y- jat.t -r�ttt .;r!)oilldinz, I�es:stit- at3j=tr.` +<-r�j rie 4c- r- 4131:- arlfrF>H <a; c*f- €y= cR� =e_F1xEe 4. 1A lice<ioo mr 1"rne.c•es, irz Pro r(-L,, - ap >Sic iron for a Ptannilx entrdemcnt _eece 3t s )rveetups1urt \ rceirlmf zn lication t7 etetminc I comp etc oil mr hefp,�e ,1prt115 20'15, 2. Modify the following language in Table 9.07.020 - Land Use Regulations -111 Single -Unit Residential Districts [p. 2.4] Use Classification ' R1 Additional Regulations Transitional Housing P for uses within specked areas, see 9.08.030(A) Adult Day -Care CUP R4.' Child Care and Ear[ Education Facility 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 3. Modify the following language in Table 9.08.020 - Land Use Regulations -Multi -Unit Residential Districts [p. 2.18] Use Classification ' for uses within specked areas, see 9.08.030(A) R2 " R3' R4.' Additional Regulations Within Designated Bed and Breakfast CUP CUP CUP Landmarks oniv. 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 eea+e 4 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 rusty- c?eaitrneci -tz3 m�eesttxeeiarr a.ara -txin no sase less than one thousand square feet with a minimum width and ke iv_ th of eighteen feet measured parallel to the front -and sidz parcel lines. Required setback area shall not count toward the minimum width and length 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. d; est�t f;ttc- sd;:r}I- (.�: :- wsi};�lr;l m- c;; esii3 }e- {cet;rtl;sek;,v=a1{c -rmd esnataund- Aeer -uit: 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. L, l rninimiun of 5(1% of tnc cant cazcl�crjmci z sh dl be criclowd, hi, a hatldiiic. 4 t.ourria+'Us shall be vistl l and acccs ihic from tic-sideNvAlk and each � )tknd floor umi. Coustyasds 1t least SO at coucty atd rsrrs shaft be 3PSed putsnant to Sec_ ions 9 16.060 and 9.20,07). hurtm hall be ,ad_vr tde or in finthed_Titynt ers not esceolinu „1,8 tnc.hcs above fnaished tide At least oue c tno�, r1 tree to a ttrcc sva (I trrovidt_nl r mtnimt2m ,ot] olun c pu ant t< S�cnon 226.() 0 Az (Usltall Ue pl rated in ail Lourt�,cads. C. The ma'ort V f ' imary e vas enees to all g rid flooranos shall be accessed from the street tront;a2e of,co>_u_il_u (1, Modify the following language in Table 9.09.020 — Land Use Regulations -Ocean Park Neighborhood Districts [p. 2.33] Use Classification i OP1 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) & Pico Street) Education Facilities Regulations Blvd) Within Designated Bed and Breakfast — — CUP CUP CUP Landmarks on , Ave). Section 9.31.090, Bed Maximum Building Height (stories /ft.) 9.04.050, Measuring Height and Breakfasts 6. 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 MUBL, MUB, and GC Districts shall occupy more than 46,040 17„500 square feet of floor area and /or exceed 75 linear feet of ground floor street frontage recjnir�;a 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, >_i7chyding_ new addition of 50° u or mare addition I square fo otaV to an-existing- butl das ar ar - one time 0r iincrernm all , zft<t file effective date of this Ordinanct- requires approval of a Conditional Use Permit. 7. Modify the following language in Table 9.11.030 — Development Standards - Commercial and Mixed Use Corridor Districts [p. 2.51] NO GO (Santa GC (Ocean Standard MUBL ' MUB Monica (Lincoln NO NO (Main Park Additional Blvd) & Pico Street) Blvd 8, 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' 3-532' Production Blvd only Program 8. Modify the following language in Section 9.11.030(A) - Development Standards [p. 2.54] Active Commercial Design. The ground -floor street frontage of buildings on commes_c,'at boulevards shall be designed to accommodate commercial uses and activities, subject to the following: Modify the following language in Section 9.14.030(A) - Development Standards [p. 2.751 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. 2.72] Use Classification 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] 2. Maximum Building Height. The accessory building Anall reA bc: a, lnr -t}ra rft - petrzcti- r;r1 -1 taik}tfti; zrn;# -isr -art rshall, 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 rutsltj -n+nt residentially zoned parcels shall be combined in ownership, or enlarged in size in any manner, so that: 1. = F}x- -c vzksi -tee? ��atc:r}:- eents�irr:ir:ttea es- jvtts =rl ekmctrs test- rzzrtt�t- iFr.+ s- r,'Flfi-;;qune- feeE- irr,;izt`. :?any jasrre<d- t3rti� t.ef�,�,- :iBH -:: rite- a-re -- fee#- 3ri�i�e.:�kin „turn- thc��c- rive- tlntte -o € -tk +sag- �kdinattc -e alazrFl- 1>f^-- r3<<t, ',�T„- �rxtn.;- jvarrel}rr -tHe -4 )retiir -I?nk - klral= rt1�?nirA4�igts ">ek-_f�tattick:�t -he e�xaFi+±xxF�sst�cek_ eeTrt- xrr�n- ater=< �srhet-- Eharr- S-{ a( s4}- se- sETi' �l irf eeF- m=+ 13e-- e:<rexl>sncchparc- e.1^;= -=�lfih e:._E�edFi- Feet_ jsr�fire =.- F;��yrt- I'- �xk+•kxl.+- F-'-ri +tom.'- cay>l�br>rhir3- I3::, -rr:: Vie)- lr<Yre�,~tlf .`i- .FiO(3 r -rlcra +e4ee�ta3.m�ss_`+(1- #eel- ir�t<�#lj �t�s�rfihre= rf# e<- tiv�- a{ zrt_ e« f�l- itr�- tvr3in�t- kditr��- ,la:a}II�ri.. a- tryzrl rfci- r�i-rr rnrte -l-The coral toed 'arcels eonfa, in an area prettu_ ilia 7 Sf0 squay�c_fee,)_o uaer_t an 12W, of the tAe_i ftrccl,aret of reek Incited } flan a SOG four radius of the combined patce) within the s true zonrn dist23e 1 whu dryer is has. In the Ocean Yatk neiehhothood d+ctlxts the c mhrined Pau<Ss cu +rte nu area i<arec t17an '5000 square fee[ of 'g ater than 125% o the av aoc i ate,et area of P nets )nc atcd widen a 500 foot radius off fbe combined sarccl within the ime zoning disi ci whV hover is lcs \nv lee rll aeafed_Par(A e ist.11, 0r�ior to the effective daie of This Zorina C lcl mace 1h at exceed. these consolidation limits shall be con idered i It val confgrgvng reel_ 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 1_)_ Nc>ts}sit}rstanda s�ithscctro�t� -( \l - and . (1U_it the residential -ise. becomes :t cotnmeccial use, standards of this section hall no lonn(,r ") ¢�Ir�, 14. Modify the following language in Section 9.23.030(A) - Qualifying Benefits [p. 3.34] Af4ar&,44�Housing. All Tier 2 projects must meet the following requirements: 1.rfq/sJo f rrrir,_., Applicants proposing residential and minced -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 \nri frv<6onll affordable ho,asifw unit that results from this for:muhS,hall he 7tovided ae e whole-afford bk ho iv np tl t,�i c. Trey resulttns�figction .hall he hounded u r to the next 1uya r infeuar . 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 shall_aw include. anv 1[oieiate ne omc -uni+ as de._fiiie.3 v Section 904.020. 4Subject to the modifications convened n (.'} -t4e ;rglr (e,•i- e€this subsection A47, art of I}tc affordable ututy' shall comply with zdlthe provisions of tf r-Nl TP ? C h t -�tec ?,C 4, tixet+s } rnx aiz anti -lea ?'kc• , tc- k- 3- tttc> rr.+ i- �H. 4�-. i�n7 ;'.•= Hcritsisa�t- s- fttc�tiic}:fl P. i- e:, �s; tr.;- ke-# ht;,- sxla .,ec- F#<;fr- Fr,- i{- 1�- s -ks:lk rate[: d3 -: azrn teclirrs -ecarc e�-- tt =.a -t }re �=rf�:- >;- dakrl.� -hex « rr3P;- rtexits tr• �iin* cI- 13tt�.,xxr;3i- 1<- r`,e.4:irarr s7- Fr -?:4) 6�- ??ar;r -r> httx- r€fE,tz?'alr}e -1 rrn -rr+r trs; itr- l> tcr�s; ;e�<i:- 13:::;;evtr3- (- fr- > -thty sh,z11 C. Affordable housing units required by this subsection (A)(T) 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_Fimal Cc usirt c(ion Permit Sian Off or Certificate of Occupancy for the affordable units is issued prior to or concurrently with the Tier 2 project. d--- _— F.4rar<isa�tlxa -t 'F}- tx= esH- <rf� -k c�i:+ftrl c�tft}c- bee-;- > €i3:rti= c- >!-- £kte- =f- asc3er -i Eiak+rt- a;Pcec -i- rise,- (3tfee4 ^:kid44te :kxdir>irt- ri -t:�.. o-f-lhr V� ht1l tee ttler rf- rsxit.: r3 -f441C re:.idesrtrnl- tx -er3iX ff4 tr - plajek4- ;;-lull }>. �Etwc�-$ aeri3+ rer»- e?r� }rrt�r- {�erkasrui=- tretta:.- Z._- _,__(he zlySix ,1jj lte,anl5 o us -rate the followine: b a e o t 1For st#t- catc4zri3k- n:>ertitq�rmt C;ct rate unit: i. _ t hn i of the wits ,,hall be three - bedroom units. ,\L]c nt 20% of the wets shall be Two bedroom units. iii _ No more lh an 150/, of the unit", shall be. studio units. iiG_ _ 'file tver numbcx of bedrooms for all of the ,rt#rn e3zt- b3c_, kcm4x market tale unite combined_ hill ke #kx+t (tehvc<;,o 12 - 1.5. {-�crr' �rtstf.� -f 4m ^e -Berk t��srtitnih- >1m}d- ee>ctrt�sn�etK�43e ck= esesm? V_ _ Nor 6thstandmg euhsec i r v , q it less Than 5 th tt icsulie from this unit mix shall be rounded down yo_tlie next lowet- mC¢er_, tinv ntctional housing cif of 5 or mote, that results from this unit mix shall be. },zd<tl up to t»c ncxd_ Tef•�" t —,,c b ___ [tor,�,t_ll_t'efrrairrtnt> af�ordgblc. ❑owing uY_it:_:_ i- _ -' !eor,t -l� �en:ex�eif -- Ply- eer�ttmtar c.,; -t =nt hrt}gtec- }recltc>�m�tiaii;; ti ' -I'he irerg_number of bediooms for__tll of the_ritrxx3rtfr affordable hou�jlt.Lr units combined shall_ be # }ez7aE {�,equa� or heater than_ t e. .11,e numfi� of bediot ms srovidcd fee all of the nlailcet tale units t)msuant to subsecti of this Scc riot+.. €= ,��rt�r>ser_ r;- €rt- ;.tk= eokxx�t �- srvc�r�tt�c:- sxm- tjtiifis Fvrth_ts>atre:- i�.Frnss [kri <Y7- tetirc�astr.;- sh,'14 tmIto�.^, lire -tent t- lrree�?red±esr,•»ra;. C. _ =lbe Director may gnint it waiivei fiom this unit Inez cif trement pulsuant _to the r hue murjs, tad roccdnus for CUai <ts in Ch >�t y2 9 43. d. "Shc aequirem ente, of Subsection (i1f y of thtv_' <t ction 'hall nor a t )15'_ to_ to t_ r t o tt csttg filed xioe�q„ the effective date -of this Oidtnatce, 33. Mite: labs Pee. Applicants proposing non-residential and-mixed -use 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: ?�BQ9 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 packing 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 packing 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 - �;efiacses- in -fi-ki ,nc.r, is- �t�en rr:- t- be- pcabp� -tea 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 vi::tt��tr- aaaJ- alie}= peter,--: rare�kcig;- lrcr- �' terrsty�aec3.-- trnrt#- �rriesteEl- :rxsr.',�,vk ere- t13eTe:- irk- *t�e�pj3c�r'as�;: -er :�^}y zfr �rltei- as- �r�:�::s j�trw�rte- xc�temc- �Fii3t: -riae- " 1r13ie- 9-' f+ FriE>- �1: tse: �- 41te-- Fc�rii�, �3r, ;frteF.�tr3- ?-- e;tte�rmes -tk�N e -tc c�-to Eiemc 9 a- 50 desienates which areas constitute PaYkmg C)vecla� area 1. as referenced in Table 9.28.060, which lists the off - street parking requirements for eo-tek- rise- ekr.,tfit,Nict- ic' -,�;" 2- paekitig Him "FeQ{- F8YJ4tfiym,y^d�v ^ {IBFdG �BN+fl§{id- ,rfHE{ - blixe.d Use MIrxeed -€#se 6BUlev; o-c+iNll,hlre F3oulevald- Gnm- Unceln Beulen,efd to 19tb t+eia vac! flora -14", Dour -HO ! 9" Straw south -lido Gglof ado- Avesuekrom2q "Streetto- flever€ield i orrfewivd,- sotgh- 'Std6�4" SWest&ou`+of Ojynjf>]Gpriv22HB$ si< -ie Weed We a,,ulwv2rd Low Santa- MontG3 BoulevSf "( frem "Street ar<easterncity limit seadway freaa+- iaeeHa -Seur# to 2er't.#teat; 4 eob rado- Avanoo from - 14noo +n- 6otlrito- Gibya4ield Oaulsva401yv gtr, WIgtreet- txr47 "- Street; Biro- Boulevam4 rom-- Neilsor}- NJay-to- esstern O ty- iimlt, 4nrfuding &reec, oorth of Bickall-AvenklP -a+rc. - E`�ran?Skee #. Park Q aYr60peaaSpaoes srcabe,unded by-<3rean-Averruer Ca i#ovaia- Aveaee� E:isareh - Beelei�ard,San #tuACeatra Boulevard,Ceat7noi a- Aveix" a®- aadb�reas- FtrA4- F3ou�evar�# -eRd the -afar bruoded -by- bran- ukest�- Colorado, Avenue-4 Street, and-PbG6 3&H{G'v m- ae4 e'at coF coerSia�.' &IGB BtI#0N- aiLa -fW Y 4Lincoh Bowevaid t& -11' - Street, sgct trjienl6a Freoway4G Grean- PaAF+3sulevartt - aaata -NaorrbaBaufevard-sorr-;dor -from L- !nootr: �Gurtto 2&- atr€yt Neiybbeeieood - II{yr-a Boulevafd-kottt Stfs-WO -Wr $ tre&t- PICO- B0o4eva4b- 4aFn-MorRJQas#to C-ar ( aeia- Avenu €,- MirhiganAverrue- imm- Luclid- Street- to- -14 "; Court, 14" Ukeet4forn- flGfe4gao- Avenue- teFieo-+3eulevard, fvlofn�treet- €reml3c-ly -to Strand, aar r 3t' %Perift P4Y DistY1G$ ?)E3'TdRtte'8d91-- �a{3e6Ff1G -Prat} D S$Pi6t !shtrac3- 4de..rareabouttd€d -by 44'" - Gu4- tNflsh#'e Beulevar,d: 4(te- Coot -a, - ',��, ,auNkanfrMF3oefeva+A'd- aadarea between - 19"'{ tourNAGispfre €xor+Fevard- 23`dStreet eset Broadwer }- Qoaan -- vev:E }35k. ici - area - bound - by- andtneludiag..Sar4a Monies Pier,Osearr Ave- betweaa,Santa- Monica -Pi ®nand -Bay Street; Bay -S# tit- betwseo Qoaaa Aaaroe -and Area -Ft ronf VVafk,- and - the - PaclGr- fleean, igdustrtatC easeeeaFat+a.a:- areae;ast-of Uncctn- Geurt- seutb -of Golorado,4ver- ewest- of- 'c4owa!#- Street- and-- aortkl -of the -f1 D, . k+vso -COPW - I<tsEtft; titer¢a9 {G uia4d -La ods ama- boundedbyAlatrr- Street, Olympasgrive� L- i+�eoln- Boule6ard,- Arfaeaa- Avenue; Yale St; c€#; �tavr ,:rr#Stre€:i- at+dF3sean -P�' �euievard- 8+`4 - Gantpus: aea ease- nE- 'ofr3v2r#iele d- Beulevard,- aortkrof E1"pia south- Gf- Bmadwayand- wesi�€Stevdart SNtiet.- F- 'hwid ®nflaf.4' 6rmmereiaft- ,once -rva #ton- Distrte -€s A14 fewa'.Mnq-?eresrd- 8is:wiots 7 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: I The primary use of the premises shall be for sit -down meal service to patrons. ?srstat- shas+l arN -lrr yessref -� � i:se,3:.tre1�t�lre.� lr,zt<}�r:te��,'�;ci- 14k. f e rit,eig-is+ -1 ermirr - d- Entertainment may only be permitted in the manner set forth in Section 9.31.290, Restaurants with Entertainment. 6 —___ all resrtui to the I)ircoot.s decision for'Vlcoltol R soon ZontnConfoImI cc Permits for i si a mts t ith ovcr_5 {) state witlllo Iwo business days from _ilie daft, when tire_ doerminair�5a5 berm made eo erninl iht LpI)l oii and Hosted on the Cm "s reebsrt< the Director Sled] fnO1,111it the Staten)(❑t of Offtral .Action to the aonlicint at dic address shown on die application and tom pro rr owy'ets�Iod resld<ntfal anti <ommeresil temmtswwthm a radius of 750 feet from die eater i boundaries of ir;volv<d m the ap to xtion. The er lic:_tnt or are xo>et „gsvners and residential and coinfoc :l *eeanh wahn; a r:rdins of 750 feet from the exterior borfochmes of the property involve ' in the .Ip lie�ie n mamma p xcl the decision to die Plaonin (oimnrseioo f;,c)llovvm the procedure set foiYh re tieeti� 9 p7 1_0(_13-D) .utd sub'ect to f1w findings of Section 9 ?'1.Q40(C_ 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, i \nest trier 1 auto dcilex faCIII ory'i'iei 1 ex parsI of nn e�.isti�pe aato de tier faciliri� shall be allowed an additional .45 I 12 above the maximr m Cier 1 fitnit, 64._ 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. 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. 3.132] Organized Outdoor Activities — Hours. If the Child Care and Early Education Facility is located witbin 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. it sans< t rshlc_hsmt r comes first, on weekdays and 9:00 a.m. to 45:00 p.m. or sImLet whi hevai c >ines first, 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 65:00 p.m. o snn ;et whichver comes first, on weekdays and 9:00 a.m. to 45:00 p.m. oz surrscf wl ic.hct c I co ryes f.'rst, 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, r Social Service Centerti other: jkledical Niaeijyat�a Dispensaey. 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 At rruaneni or tc m�otart rtz +cetr� err dance floor or dance 1i ea for patrons. 24. Modify the following language in Section 9.40.020(A) — Applicability [p. 4.191 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. 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):; l cared in the Pico Nei gh. bof Lood Area. FLG J_-RF 9,40.020ja:,ia7CO �^ d�;9GHB(A3ik-IO 4� _AR. -A e :111111! _Iltmlll m41111: ®Illmr II ^,I � IIIIIII? 11411 III 4!E mill IF IIII II_ _t!, -" - 4p■!'!ellll .. I'II :'; 11111111_ e111 41111 = S' 1111111 IPA! ® � ei'li�l_ i. 1111 i III �I III 111110 �II�I = ��_ =1 II � 11!1111 IIII4: eIIlI� =1111= ell II IIIII e � Ilne� = IIIIIe= = ".:IIII IIIIIIIIII �� 'a 111 I =� e 1; ,111111 11141' -111ni II U Ifellll nlnm ®n 114 ®.ti:lllli� � III I 111 ® (IIII 111 I 1 ■ e1 d' I 1411111,. mCr I IIII 114 IIIIIII4 IIIII e 4 m 1 ii 1im menlm nl 1� _ nn m eon u— ®atom In nn � m inn moon .�; 4 [moll i IIIIIIIII RmmM Illllell 4411111 Ill IIIIII - !'dlle Ilm ®114 1111 114111 l i _ I! El I lee 1 millilllm 41e111 1 4U1t1 . II II IIII le III ®II;IUI CI II111 �? I IIII I I'' it �/ 1 li ,I mill lll 4 IIIOI I IIII I 111111111 41111111 ail IIIWIIII i ®?sx 1 1111111 silllll lE III III e11 III d �; t i W 111 11 e 1 I® 4'4ss Ks = a�; I JIIII �Ile� I 'v :111 I NEWv IIII e4 n E11111115 `&d'e w.5`tk °d101F II 11, e _ell lee ie ; illfl 3 milli • 4 e¢N= eF✓ Ems■ t +lily �� IFJ � _ I 1' I IF 11 i�t I IA el a _v�„5111�II �jr Il II 'n 41111411 • fir:• °kx I I , r� -� -; e Mlle 3?3 9I ®411" ' e 1 "11 1 11111111® W 1011mm a 11 e ®, �:�ttem m_ nn'em 4ielei,-�a ®II aaeoar 25. Modify the following language in Section 9.43.050 — Applicability: Fence, Wall, and Hedge Height Modifications [p. 4.29] Re9IStcred Existing oncon4ocmrng_Fencecs aLHs_,= znci, kiedge , lliscret_i_ovxaav Pevicedure,, n_tL:x' Txantedsuh cct ro the_�rocc dares -:u;d avplwat on�ec7turesneia she <sticd in Sceti-tt. 9_41.080 I toti c dares_ -and liegllix.ed I indin s_ioi J <nz._ Ve �1 zll and fled—g d;eient \tod fica6011 . 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;. - R ight_N1odsfic_ation o_£ fiegistereed_ Existing _Nonconforming_ Fen<es�iyi'afi _and. 1-Jedg €s= __— _--DJsciet1o1ar4 Pe_c m"hae ', 4, l mat an ""t st Iter ht_modtfican<m. u>z{ +ci_�() /c abooe._tlw 10 ite1 h^ t of I w.ut, =f cw:ed C-11 I n& nolI Con towmiII" fcm e wall ow hedge, theoiivh w Dircchx healing ul�ecl only, to the toile <, ng fu c3in, ; The adj scent arcel L)wgerCs) that shap< common jp ececJ line ne�lresl to the rewwcled fence ydloi hedpe h I yc e meed to the >m osed increase in height; -2 3I wgi,, }ntili�of such rnodific.aton is nc< :yam, to ill imdpAch dw to ohvsical c} �nges on die adaeevi at, -1 made subseque at to the re su'1 ion of the nonconhxmin f�sce, all. of hedr c ii dridirly"buf not iimiied to the Construction of an ad lilional stol or storwc to all exist inn stsu „tore, 3. 'Ihe suhsct fee r�ll-, r hammer uLi1 be conlpat tole „_with oihrt simila-F structures In 111c ncrt;hborhood and is Tcoun d to mils [ate,int, aU, from ad acei7t land n' s _the, subject Pm ei 's nxovimthVtY)Ttiblict 1ifs,t wij r. sates rpce,_rIs 'f. Tic s s+ntt�n�,f such moehfcadolZvdl not e deirinental orn vi urious to the pto petty+ or im ptovemenis ai dunes d vicinittr and du. xi ict 1n which die iv res'.. * is loc ih d_azyd S 'She mwidi6cation_�y it ioi �ml7 ui fhc info ii , and chamcitrr of the neiehhothood in which the Feuer wall of hedge e toe ated. 27. Modify the following language in Section 9.52.020.1900 — Definitions [p. 5.41] Person. Any rr ci4sidzri+; n,lturai etson 2r other till x os,mzed br California as such. huhidill�,ll 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] '�_ - — aeatro-�aG —,— zk_t--- 'p.:r.,ecrC'�sg_kin > CkvetC v__Awea_2. Non i<sidewitia_I jr-( cat�c3 tvitnin_,� `��s;;NV�i€ -Ad r{- ka_altfy- f- w- �-r„�vi.L,e, Parlcin��U� e.tl it_s_1xc t 2 tdcntified m iii�ire 9 X8.650. ma - be. c1i<*df >le, to �rov +de an rkin at he Pailcine C V-114 alxcit 1 tares Snecifiedin Table 9 29.060, Packimf Reg 12, Use and 1-). J,ocapon I'he nplicant shall have the burden of ,proof for a reduction m the total nnmher_pf iec�wied p t:E114 spaces and documentation shall be submitted subsfiuptrns_ the reasons for this r< ues s,eS]ti,ineteductipn. Piedu<e�sarkine s1taIl he a ?roved onh.� its.. I. Com plia_nce mfh I`rasnoitation, Demand Muzaoement rew cui'ements is demonstrate(_I _$_T ufFcunt eeidaue is pro�tdcd tipat_ipe.dai oleei. �tcll eoenplr�; 2, Documentation k pxoC>?ded to the s msfnction of the Ditc.cfor that e th)g to be ,supplied will meet the nerd of the Qn vte uses' gnd 3 ;idclit pnal,tec aul rerrxentsva stitc_ii<_ins of ec,meiits ,is deemed nccessai:_t- ha ih_Dilector arc:. _ -- included as a uwmuement"s to ensure. that the ailnn�Kit,],_sttisthe needs o the on -site uses. 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 ” 'LOCATION 1'eJnnt'cmrai -a .- .vA!"••,„m'"iEKE�- SSRSaWdPIBn Land Use Classification 5uatftetsCrNwide (F_xetuding .,oedafrerr- 9rstvs�Parl <rna Overfav Area 1 4Aixa '.> '"^ r xtallor n- .�.a.,,o', ^Fc Parking Ovedav Area 1 Downtown Specific Plan Area and Bergamot Area Plan, Area 30. Modify the following language in Section 9.01.050 — Special Development Standards for the Protection and Preservation of Historic Resources [p. 1.7] In order to preserve and protect historic resources and /or properties on the Historic Resources Inventory in the City through the City's land use decision making process, this Ordinance authorizes flexible zoning standards and modifications to development standards for these resources. This Ordinance also establishes heightened review standards before a building or structure over forty (40) years of age can be demolished and imposes a more stringent definition of "demolition" for buildings or structures on the City's Historic Resources Inventory. These provisions are located in the relevant sections of this Ordinance and ate listed below simply as a locational aid. 11 1. Section 9.07.020 Bed and Breakfast within Designated Landmarks in R1 Only 2, Srction 9.0K020 Bed and I3tealcfasf ivtihm 1)csig11 lt-ted Lauld,}nnl s m 1\41116-1 J11il Coly 3. S(cCtlon 9.02A20 Bed and Breakfast wiflihi Desien�, atcd andn irks in OP OrAY 4, Sectaont).1520 Bed and Breakfast ill OF-Only 2,5. Section 9.25.030 Demolition Defined 16. Section 9.25.040 Requirements for Approval of Demolition Permit 47. Section 9.27.030(C) Replacing Nonconforming Features or Portions of Buildings 1j8. Section 9.27.030(F)(1) Demolition and Rebuilding Fig. Section 9.27.040(A) Damaged Structure Restoration Application °r10. Section 9.28.180(A) Reduction of Required Parking 8t 1. Chapter 9.33 Historic Resource Disclosure 91'. Section 9.42.040 Required Findings for Variances 1-013. Chapter 9.43 Modification and Waivers - 141'I. Section 9.48.050 Unauthorized Demolition of Historic Resources 4-215. Section 9.52.020 Definition of Attic L 31(. Section 9.52.020 Definition of City - Designated Contributing Building or Structure 1h, P. Section 9.52.020 Definition of City - Designated Historic Resource 451 S. Section 9.52.020 Definition of City - Designated Landmark 4-019. Section 9.52.020 Definition of City - Designated Structure of Merit 1-r26. Section 9.52.020 Definition of Historic Resource 14421. Section 9.52.020 Definition of Historic Resources Inventory 1-422. Section 9.52.020 Definition of State Historical Building Code 31. Modify the following language in Section 9.31.170(A) - Live -Work Units [p. 3.138] Purpose. This Section establishes regulations and standards for creating and operating Live -Work units as a pr�rcomhine23 _commercial /industrial and lesidential use -irislheh the-occaq -rnt t-re; :r- ,rs�r- sc:ce; ,n3 -}and uc- c- aeEi=ae} The purposes of these provisions are to: Provide for the health;-, 4 safety,, and livability of persons who reside and work in Live -Work units; and Ensure that the exterior design of Live -Work buildings is compatible with the exterior design of commercial, industrial, and residential buildings in the area, while : f^ rxzrisatat;r:;?.:a�nf- wi+h -tke. fewdbxirar:4 mamtainin< and,1_es crftnv both the residential and workspace character of live -work buildings. 32. Add the following language in Section 9.31.220(B)(1)(a) - Ongoing Outdoor Display and Sales [p. 3.146] iv_i>tv — of bitaekes t+so�iate_d_�� >i with itit.a- 1,limcnts devotcd_olely tohiescic Sales and Service. 33. Modify the following language in Section 9.43.060(D) - Procedures for Minor Modifications [p. 4.30] The decision on the application for a Minot Modification shall be mailed to the applicant,�rad to property owners and residents of parcels sharing common parcel lines with the subject parcel and to other individuets The riccision and the (itv_wehsite xddacss where die determination his beent)osted shall be no.ted_in an area most visible fol.e ubltc and not more than i0 fcct_insidc the fron,r ucd line. 34. Modify the following language in Section 9.43.110(A) - Appeals, Expiration, Extensions, and Modifications [p. 4.33] Appeals. 4- Any person may appeal a decision on a minor modifica ion, major modification; waiver; or discretionary fence, wall, and height modification pursuant to Section 9.37.130, Appeals. 12 35. Modify the following language in Section 9.64.050(D) – On -Site Option [p. 6.151] provtdf' m Section 9 Li.030tA any fractional affordable housing unit that results from the formulas of this Section that is 0.75 or more shall be treated as a whole affordable housing unit (i.e., any resulting fraction shall be rounded up to the next larger integer) and that unit shall also be built pursuant to the provisions of this Section. Any fractional affordable housing unit that is less than 0.75 can be satisfied by the payment of an affordable housing fee for that fractional unit only pursuant to Section 9.64.070(A)(4) or by constructing all the mandatory on -site affordable units with three or more bedrooms. The City shall make available a list of income levels for 30% income households, 50% income households, 80% income households, and moderate income households, adjusted for household size, the corresponding maximum affordable rents adjusted by household size appropriate for the unit, and the minimum number of units required for 30% income households, 50% income households, or 80% income households required for typical sizes of multi family projects, which fist shall be updated periodically. 36. Modify the following language in Section 9.28.110(A) – Unbundled Parking [p. 3.81] Applicability 1. Residential Projects. All off -street parking spaces in new residential structures of 4 dwelling units or more, or in new conversions of non - residential buildings to residential use of 10 dwelling units or more �isshown in–Figure 9 ?&! 1 0 lreas Rednirur, Uniknmdled I ailin w -, shall be leased or sold separately from the rental or purchase fees. –This provision shall only become effective if SMMC Chapter 3.08, Preferential Parking Zones, or any successor thereto, is amended to establish this requirement. 2. 100% Affordable Housing Projects. 100% Affordable Housing Projects shall be exempt from this provision. 3. Nonresidential Projects. All off -street parking spaces associated with new nonresidential projects--as shown in Uigute 9.28.170 lrcas Rcc miii> Unbundled Padw4g- shall be leased or sold separately from the rental or purchase fees. 4 Notwithstanding the Above the unbundJng u- wtGments set for in This uion may_b,ecome vional =nd not math -W-12, —if!) the extenk lei tllr feasthlet le Ciry rnm_ osgs snbetiltite . measures n hich-, vould chies_,e a comparable -level of vehicle tnILreduction. 13 FIGITRE928.110:-&R.EAS -QUIkING UNBUNDLED PARKING 14 BY CITY COUNCIL ON DRAFT ZONING ORDINANCE List of Clerical Corrections/ Clarifications to Draft Zoning Ordinance and Land Use and Zoning Related Provisions Approved by City Council on May 12, 2015 1. Modify the following language in Section 9.01.040(A)(2) - Applicability [p. 1.5] Compliance with Regulations. Except as provided in this Ch- Zoning Ordinance, land or buildings may be used and structures may be erected or altered only in accordance with the following provisions: 2. Reserved. 3. Modify the following language in Section 9.04.100 – Determining Parcel Coverage [p.1.241 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 * Rd * Additional Regulations specified 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--/.o f 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, 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 €ifte ten thousand square feet or more in floor area. 7. 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. S. Modify the following language in Section 9.08.030(A)(3)(d) - Development Standards [p. 2.25] Maximum Unit Density. Fi- eper#es;- moil�;iE -,.r ., niy- ftve -peri. at-:-, �-„-' i. c�. i;-•. ra"- a- a�n..- ;7..a.,n,�.s- or- 2atger stviy°si:: - pement- frf- the��n�g- unstruc- eve- l- �raems- or-- Fargea �a-'�` ��c�-is- registered - with -taae USGBC- fo- reeetve -:r4 -E �a€s�ilvcr urz' �:.', =ai1d -day rac-�n ;.-.Teomrnu ty- care- fac- ilities; h., �m ..'n,.�- �,�.fei4;ate-- lx3ustng; xrge- fni'ry- d�y-ca -ate ' ��a�- �n�ide: ttial� -_� °�:':aes�e�c�- gteup- kneusing setncrt= heust£ei - ;tng3e�ustN- dwellings; mid- ttaasitic�rnl housing, For all ethee 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. 9. Modify the following language in Section 9.08.030(A)(3)(j) - Development Standards [p. 2.26] Development Review. Except for projects listed in Section 9.40.020(B), a development review pemrit shall be required for any development of i,venty -two -ten thousand €ts=e�square feet or more in floor area. 10. Modify the following language in Section 9.08.030(B) - Development Standards [p. 2.27] Additional Stepback at Upper Stories. The maximum building height may -ksc exee�ae,-vd- tna#�.1- -.e ffiftsu-num roof height-do es -shall 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 tl.° °' -« �_, c �. ", r 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 of the units replaced pursuant to this subsection (F;1', 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:;; tl-ri u' -'�-g Cede. 14. Modify the following language in Section 9.27.030(F)(1) - Legal Nonconforming Structures [p. 3.551 The existing building is a Historic Resource 4iduding 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 -fftr any-- prejeet- requiring PlartttingCesns,,i�neviec�vv. 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_tesiderrr al- patc<:I -axes -The maximum parcel coverage of residential parcel area shall be the area of the parcel not wither the setback areas required in suUsectiou D 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, b. 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. 56. Effective Date ofAppealed Actions. a. Except as otherwise provided fox 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 of 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 fox uses permitted by right or by discretionary 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, not 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 Axe"Line. Up to 5 percent of the standards for building fagade 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 ea — mlly-permited Uv discretionary 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, 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 AreasLinc. 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 93645.060 -(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. 4.52] 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 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 51.3. Regid 25. Modify the following language in Section 9.51.030(B)(19)(d) - Non - Residential Use Classifications [p. 5.15] Walk -In Clientele. Offices predommantly providing direct services to patrons or clients and do tksit- rmty -ox 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 is se arated 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 9.4031.160, Home Occupations. 28. Modify the following language in Section 9.54.010(F-)(28) -General Provisions and Responsibilities [p.6.48] Zoning Ordinance. C-hepte.. o,nn 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. 6.150] except as provided in Section 9 23 030(11 r4all 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. 6.1511 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 the dwelling units; provided, that all dwelling units conform to the requirements of the applicable Building and Housing Codes. However, except as provided in Section 2.23.030 (Al. 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': OPD OP2 ! OP3 ON Additional Regulations Maximum Building Height (ft.) Base Standard —Flat Roofs; 23 R Roofs Pitched atLeastLess Than 20 23 23 35 See (B) Minimum Setbacks (ft.) Greater of4ft. SomerStreet sSide-- Parcels less or 10% 3 feet for parcels less than 56f—tin width of See formula in (C) than 35 ft. in width in parcel OP1 width ComerStreet Side — Parcels 50 ft. See or more in width (C) 10 ft. See (C) 33. Modify the following language in Section 9.09.030(C) — Front and Side Setbacks [p. 2.37] 2. The following formula shall be used to determine the required side setback for blank walls and walls containing secondary windows. In the OP1 District, this formula shall also be used to determine the required em ner- street side setback on lot parcels 50 feet or more in width. In the OP2, OP3, and OP4 districts, it shall be used to determine the required c-erfse�sttcet side setback on parcels less than 50 feet in width. The setback is calculated as follows: Setback (ft.) = 5 + (stories x parcel width) 50 4. Within the required side or eefte 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 requited 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 street -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.3.891 elec- tic-a' �asisied- bicyc- Ic- chatg�� 36. Modify the following language in Section 9.28.150(A) - Car and Van Pool Parking [p. 3.90] Applicability.:lll 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] TABLE9.28.I180s CAR AND VANP OL PARKIN G;I3OUIROWNTS. Land Use Activity Number of Required Parking Spaces Number of Required Ride Share Spaces 0 -49 p 9# se 50-99 1 lndusklalg.." Commercial 10-199 2 200 and over 3 plus one for every 50 spaces 38. Modify the following language in Section 9.31.040(D) - Alcohol Exemption Zoning Conformance Permit [p. 3.112] If a counter service area is provided, fox 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] C. 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 less thsa-for 30 days or less or is otherwise occupied or utilized on a transient basis for less -than 30 days or less. Vacation rental does not include a Bed and Breakfast as defined above. 40. Modify the following language in Section 9.52.020.0050 - Definitions [p. 5.14] 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 rent shall mean the followin 1. For 30% income households the product of 30 percent times 30 percent of the area median income adiusted for household size appxomiatc for the unit 2. For 50 %income households the product of 30 extent rimes 50 percent of the area mcdiau income adjusted fox household size appropriate for the uxut 3. For 80% income households whose oss incomes exceed the mstilmum incomes for 50 °/ income households, the product of 30 percent times 60 percent of the area median income adjusted for household size appropriate fox die unit 4. Fox moderate income households the product of 30 percent thnes 110 percent of. the area median income adjusted for household sire appropriate for the out For purposes herein affordable rent shall be adjusted as necessart Yo be consistent with pertinent federal ar State statutes -md ceguladons �overninp Federal ox State assisted housnng 42. Add the following language as Section 9.52.020 - Definitions [p. 5.26] Area Median Income ox AMI The median family income published fiotn time to time by HUD fox the Log Angeles -Long Beach Metxopolittn Statistical lxea 43. Add the following language to Section 9.64.0200) - Definitions [p. 6.1481 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. Fox purposes herein. affordable rent shall be adjusted as necessary to be consistent with pertinent Federal ox State statutes and regulations gover7ung Federal or State assisted housing 44. Add the following language to Section 9.01.040(A)(2) - Applicability [p. 1.6] h. A legally - created parcel of land eeisting prior to the effective date of dus Ordinance having less axoa fxon e or dimensions than required by this Ordinance in the �ariing disttict in which the parcel is located shall be considered a legal conforming parcel 45. Delete the following language from Section 9.52.020 - Definitions [p. 5.37] 9,52.020.14'8Pdeai ,.. rsel.�n�a;.a -- .''wing- less-- aress�ge�r 46. Modify the following language in Section 9.07.030(3) -Development Standards [p.2.11] 3. Modifications to Required Stepbacks. Required se =thacles- stepbacics may be modified pursuant to the Chapter 9.43, Modifications and Waivers and, if deemed necessary by the Director, review and approval by the Architectural Review Board. 47. 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 street side setback. All equipment shall be mounted and enclosed so that its sound is not audible from any other parcel. 48. Modify the following language in Section 9.22.020(B) - State Incentives in Residential Districts - Density Bonuses [p. 3.241 3. A senior citizen housing development as deemed in Sections 51.3 aaa 51A ^ of the Civil Code; or 49. Modify the following language in Section 9.22.020(F) — State Incentives in Residential Districts - Density Bonuses [p. 3.251 1. The proposed housing development, inclusive of the units replaced pursuant to this subsection (fir), contains affordable units at the percentages set forth in this Section and Section 9.22.030. 50. Modify the following language in Section 9.51.030(B)(2) — Non - Residential Use Classifications [p. 5.9] b. Kennel. A commercial, non - profit, or governmental facility for keeping, boarding, training, breeding or maintaining four or more dogs, cats, or other household pets not owned by the kennel owner or operator on a 24 -hour basis. This classification includes animal shelters and —pet —shops and animal hospitals that provide boarding only services for animals not receiving services on the site but excludes the provision by shops and hospitals of 24 -hour accommodation of animals receiving medical er-greeromgn services on site. This classification also includes kennels that, in addition to 24- hour accommodation, provide pet care for periods of less than 24 hours but it does not include facilities that provide pet day care exclusively or predominantly. 51. Modify the following language in Section 9.53.130(B)(2)(c) — Content of Developer TDM Plan [p. 6.39] iv. Transportation Allowance. Offer a monthly transportation allowance equal to at least 50% of the current cost of a monthly regional transit pass of the resident's choice (e.g. Big Blue Bus 30 -Day Pass, Metro RZ Pass, Metro TAP Pass or equivalent). The Transportation Allowance shall be offered to all residents listed on a lease and their immediately family living at the same address. Immediate family includes spouse, partner children, parents, grandparents, brother, sister, father -in -law, mother -in -law, son -in -law, daughter -in -law, aunt, uncle, niece, nephew, sister -in -law, and brother -in -law. A resident accepting the Transportation Allowance shall elect to not lease parking spaces at the Project and be required to execute a contract agreeing that said resident does not own or long -term lease an automobile and will not own not long -term lease an automobile for so long as they are in receipt of the Transportation Allowance. The contract shall also specify the resident's non - single occupancy vehicle commute mode (e.g. transit, bike, walk). Children who reside full-time at the building shall be eligible for the Transportation Allowance if the parent that is primarily responsible for transporting the child is also eligible for the Transportation Allowance. The child's parent or guardian shall sign an affidavit stating that the child permanently resides at the building on a full -time basis, and the child is primarily transported by a parent or guardian on the lease that is eligible for the Transportation Allowance. 52. Add the following language to Section 9.54.110(A) — Voluntary Merger [p. 6.69] 7. The merger shall not create a parcel that ecceeds the lot consolida on size l m t established in Section 9.21.030(B) for the zone district in which the parcel is created • Rte'' 13 � 3 �I 1us �A 3 ®n n m rt Nv� �I 1us �A I0 E l[I yenp £�^v=yvg� �n m 0 o n O x 0 0 ® o 0 0 0 0 0 Aa A N , T 0 t7 ! C C N U N U V 0 d — O � n N O G Z GCl 3 3 0 0 0 0 0 0 3 v ig s, !:3 m N. p RIVE. B aae °a °°'a o o Si m c ry o o n 7 C pnj Sc F F F F O xe4� amass x. ' ° A '. o °m v m m y m m o n 3 0 o A 2 3 ° y A A m N ®_ 8s�a 3v5�= o' S o o U >> n i O m a n. c0 a .'2 m all. F ry o v N ry O O • •` lVeAnN .� •�• RELATED PROVISIONS 14 Reference: Exhibit 5 Division 6: Land Use and Zoning Related Provisions Is file with Staff Report May 12, 2015 5 -A /6A within Legislative File 400 - 001 -10