SR-05-12-2015-11A 211-004/211-019City of City Council Report
Santa Monlen
City Council Meeting: May 12, 2015
Agenda Item: HA
To: Mayor and City Council
From: David Martin, Director of Planning and Community Development
Gigi Decavalles- Hughes, Director of Finance
Subject: Resolution Establishing a Revised Fee Schedule for Permit Application
User Fees and Services in the Planning and Community Development
Department in Association with the New 2015 Zoning Ordinance
Recommended Action
Staff recommends that the City Council:
1) Adopt the attached Resolution to establish a new fee schedule for development
and construction - related permit application user fees and services in the
Planning and Community Development Department (PCD) in association with the
new 2015 Zoning Ordinance.
Executive Summary
This report presents information and requests adoption of a new fee schedule for
development and construction - related permit application user fees and services in the
Planning and Community Development Department (PCD) in association with the 2015
Draft Zoning Ordinance that is currently before the City Council for review and final
adoption. The comprehensive update to the fee schedule for development and
construction - related permit application user fees and services in PCD are due to some
substantive changes to permit types and review processes as set forth in the 2015 Draft
Zoning Ordinance. Based on the projected volume of permit applications and services in
the next fiscal year, adoption of the proposed fee schedule (Attachment "A ") is
estimated to generate additional revenue of approximately $500,000 in FY 2015 -16.
The new fee schedule would be in effect by July 24, 2015, the anticipated effective date
of the new Zoning Ordinance.
Background
Since 1988, Council has directed staff to periodically conduct studies to calculate the
City's cost of providing various services that benefit individual users of the service rather
than members of the community, and to determine if the City is recovering an
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appropriate share of these costs through user fees. It is City policy to achieve full cost
recovery for these services, with some exceptions. Some fees are recommended for
less than full cost recovery due to previous Council direction or statutory limits.
In Spring 2010, the City hired Revenue and Cost Specialists, LLC, to conduct a City-
wide fee study which included a review of various development - related fees in the
Planning and Community Development Department. On June 15, 2010, the City
adopted new fees reflecting the results of the consultant's study.
In 2012, the City hired MGT of America, Inc. to comprehensively analyze the cost of
services in the Planning and Community Development, Public Works, Police, Fire,
Community -and Cultural Services, and the Records and Election Services
Departments. On May 28 2013 and June 25 2013, in conjunction with adopting the
first year and approving the second year of the Fiscal Year 2013 -15 Biennial Budget,
Council reviewed the MGT of America, Inc. Cost of Services study and adopted
Resolution 10753 (CCS) ( "Resolution 10753 ") which revised and established permit and
user fees charged by various City departments. Resolution 10753 further consolidated
fee resolutions previously adopted by Council in order to streamline the process for
adopting and charging City permit and user fees and to allow the public to more easily
gather information about such fees. At that time, fees associated with the Zoning
Ordinance were not studied. It was noted that Council would review those fees when
the update to the City's current Zoning Ordinance is complete.
On October 22 2013, subsequent to Council adoption of Resolution 10753, staff
became aware of a number of minor inconsistencies between the intended
recommendations and the language included in Resolution 10753. In addition, in
response to community input, staff recommended a new fee for limited Planning
Division review of business licenses applications from certain home occupation
businesses. These changes to the fee schedule were adopted by Council as set forth in
Resolution 10778 (CCS) ( "Resolution 10778 ") on October 22, 2013.
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Since December 2013, the City has been engaged in an extensive public review
process to update the City's current Zoning Ordinance and related land use chapters of
Article 9 of the Santa Monica Municipal Code in order to implement the 2010 Land Use
and Circulation Element's (LUCE) planning and mobility policies and various land use
development parameters. After completing Planning Commission's review of the 2015
Draft Zoning Ordinance, Council began its review at an Argil 14 2015 Study Session..
The Council is anticipated to take action on the 2015 Zoning Ordinance in its final form
in May or June of this year.
On November 11, 2014, during the latter stages of the Zoning Ordinance Update
process, Council authorized a new agreement with MGT of America, Inc. to conduct a
comprehensive citywide review of user fees and charges. The services provided within
this agreement included a study to analyze the anticipated cost of services in PCD for
the various development and construction - related permits and services recommended
by staff in the 2015 Draft Zoning Ordinance. The 2015 Draft Zoning Ordinance and the
proposed fee schedule provide an updated framework and fee structure for new permit
types and services compared to the Zoning Ordinance currently in effect and the
associated fee schedule implemented by Resolution 10753 and Resolution 10778. This
Cost of Services study does not include a review of several current PCD fees, including
those that are not directly affected by the Zoning Ordinance update and the fees that
were recently updated in October 2013 as described above. The PCD fees that were
not reviewed in this study are listed in Attachment "B" to this staff report and will be
subject to a Cost of Living Adjustment rate increase effective July 1, 2015.
Discussion
As described in the Background section of this report, since the updated Land Use and
Circulation Element was adopted in July 2010, modifications to the City's development
and construction - related permit process have occurred incrementally in order to
implement policies and development parameters established by the LUCE; to improve
both the quality and efficiency of several key PCD review processes (e.g., planning
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review for business licenses, environmental analysis, and plan check /building permit
issuance); and to respond to community expectation for participation in the development
process.
While the costs associated with these specific service and process enhancements have
been addressed in previous fee schedule revisions since 2010, there has not been a
comprehensive analysis of all PCD development/planning and construction - related
permits, services, and associated fees since November 2008.
2015 Draft Zoning Ordinance — New Standards and Regulatory Framework
On July 10, 2010, Council adopted the LUCE. It was the culmination of a multi -year
planning process that commenced in 2004 and substantially revised the City's land use,
policies, goals, and standards necessitating a comprehensive update of the City's
Zoning Ordinance, Chapter 9.04 of the Santa Monica Municipal Code.
Division IV of the 2015 Draft Zoning Ordinance sets forth the provisions for different
types of permits and other regulatory mechanisms and activities for development and
construction - related activities. Division IV includes updated procedural requirements for
current permit types such as Conditional Use Permits, Development Review Permits,
Development Agreements, specific plans, and Zoning Ordinance amendments. Several
current permit types would be eliminated or consolidated with other application types,
and eight new permit types have been created as part of the new regulatory framework
and development processes established in the 2015 Draft Zoning Ordinance.
All of the 2015 Draft Zoning Ordinance permit types addressed in the Cost of Services
Study were assessed in order to create fees that generally reflect the cost for PCD staff
to process the various development and construction - related permits and provide
closely - related activities such as annual review of Transportation Demand Management
Plans as set forth in Division VI ( "Land Use and Zoning Related Provisions "). Staff time
estimates for new application types were also assessed in order to establish
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recommended fees for these new applications provided by the 2015 Draft Zoning
Ordinance.
2015 MGT of America Cost of Services Study
The comprehensive 2015 Cost of Services study prepared by MGT of America, Inc.
recommends a fee schedule for current permit types and services and, as further
described below, for new permit types and services created by the 2015 Draft Zoning
Ordinance. The study analyzes a total of 59 different permits and identifies the updated
internal costs to the City associated with processing development and construction -
related permits (e.g., Conditional Use Permits, Development Review Permits,
Development Agreements, Variances, Architectural Review Board Design Review, etc.)
and performing other related services that are core responsibilities of the Planning and
Community Development Department, such as implementing the Transportation
Demand Management Ordinance and Landmarks Ordinance.
In order to derive the recommended fee for each permit or service shown on Exhibit "A ",
several factors were analyzed: the fully burdened rates for employees, current permit
application fees, and a re- assessment of the time it takes staff to complete the work
required on a particular permit and /or service. The fees for each permit type and
service are recommended to recover City costs and are not structured to generate
additional revenue in excess of the cost to provide services. In summary, the fees for
each permit type and service are based upon an hourly rate, which includes direct and
indirect costs, and accounts for the number of hours staff would spend processing each
development and construction - related permit. Consistent with City policy, the study
recommends PCD recoup these staff costs in full from developer /applicant -paid permit
application fees, with the few exceptions noted in this staff report.
The incremental revenue projection of approximately $500,000 for FY 2015 -16
associated with the new fee schedule for development and construction - related permit
applications and services is based on the last few years of historical permit volume
5
data, which is not anticipated to change significantly. The revenue projection also
assumes a similar level of development activity going forward and a volume estimate for
new permit types. This revenue projection for the next fiscal year is only an estimate;
actual revenue varies as development activity fluctuates year -to -year. Moreover, the
effect of the regulations established by the new Zoning Ordinance on the volume of
development and construction - related permits will need to be monitored.
The following sections highlight some of the key changes to the recommended fees:
Current Permit Types
In many cases, the staff time necessary to process discretionary permits such as
Conditional Use Permits and Development Review Permits is anticipated to increase
due to the additional time that will be spent on more detailed project review for
consistency with the following:
® Development standards and parking and circulation standards associated with
the new Zoning Ordinance, and
® Policy consistency with a number of inter - related planning documents (2010
LUCE, various specific and area plans, design guidelines, neighborhood
conservation district guidelines, etc.).
The new fee schedule also accounts for the ongoing work staff does to facilitate the
community input process for projects in a time where development issues, conditions of
approval for certain land uses, and transportation planning are significant community
concerns. The proposed fee schedule also accounts for the new Zoning Ordinance and
the new range of uses that will need a CUP and deeper analysis of issues and
formulation of project- specific conditions of approval that requires some additional staff
time to provide during the public review process. For example, the current Planning cost
of a Conditional Use Permit application is $12,269 and the proposed fee of $14,151
represents an approximate 15.3% cost increase.
A
Revisions to existing permit types are also recommended to establish two levels of
review to better reflect the staff work and time involved in processing certain
applications. For example, the current Architectural Review Board (ARB) — Building
Design, Materials, and Colors application is recommended to be separated into two
categories: New Construction with a fee of $3,588 and Alterations /Modifications for all
other exterior modifications (fagade remodels, building additions, etc.) with a fee of
$1,246. The recommended cost for processing the ARB application for New
Construction represents a 51% increase in order to recover costs associated with the
more focused time spent by planning staff and the City's Urban Designer on early
architectural and urban design consultations with applicants to improve project
submittals, and the greater level of analysis required for new buildings — versus the time
needed to consult with applicants and guide submittals for fagade remodels and building
additions. Conversely, the new fee associated with ARB applications for
Alterations /Modifications would be approximately 28% less than the current fee for the
current ARB — Building Design, Materials, and Colors application. The current fee and
single application type for ARB — Building Design, Materials, and Colors does not
appropriately address the staff time associated with the design review process as some
projects require a less in -depth analysis. The cost recovery recommended for both new
types of ARB — Building Design, Materials, and Colors applications corrects this issue
and better reflects the time spent by staff during the design review process.
New Permit Types
The 2015 Draft Zoning Ordinance, as outlined in Division IV, contains the administrative
and discretionary review provisions for the following four new permit types:
• Minor Modifications: $1,594
• Major Modifications: $4,185
• Waivers (Zoning Ordinance): $4,185
• Minor Use Permits: $4,983
The time estimates and associated permit fees reflect staff's assessment of the amount
of time that will be necessary to process these types of permits, depending on the level
7
of complexity associated with the range of requests that can be made for each of
application type and whether the application requires a public hearing.
The projected fiscal year revenue that may be generated from these four permit types
shown on Attachment "B" ($180,564) is based on historical data for similar requests
under current permit types (Variances, Adjustments) and a review of the number and
type of land uses in various zones subject to a Minor Use Permit. In some instances,
the Minor Use Permit will be required for uses currently permitted by -right or subject to a
Conditional Use Permit process. The permit fees for these new permit types takes into
account these types of differences in project scope and process and is recommended at
a level of full cost recovery for staff time spent processing the applications.
There are four new transportation- related fees outlined in Division VI of the Draft Zoning
Ordinance to recover staff costs associated with review of annual Transportation
Demand Management (TDM) Plans submitted by applicants on an annual basis in
compliance with permit conditions of approval or Development Agreement terms, and
the requirements of the Transportation Demand Management Ordinance. These new
fees are separated into the following four categories with 100% recovery of costs
recommended:
Simple projects /plans:
® Initial TDM Plan submittal and review: $411
® Annual TDM Plan submittal and review: $220
Complex projects /plans:
® Initial TDM Plan submittal and review: $1,507
® Annual TDM Plan submittal and review: $411
For the purpose of assessing the required application fee, the difference between a
simple and a complex plan is based on the amount of staff time dedicated to the review
and processing of the TDM plan. More specifically, TDM plans for projects that require
a public hearing and staff report are categorized as a complex plan; TDM plans
8
associated with projects that are administratively approved are classified as a simple
plan.
Fee Subsidies and Waivers
It is City policy to achieve full cost recovery for development, planning, and
construction - related services, with some exceptions. More specifically, some fees are
recommended for less than full cost recovery due to previous Council direction or long-
standing policy for certain fees which Council desires to be subsidized at levels below
full cost absorption related to appeals, fence /wall /hedge height modifications, and
design review.
The proposed fee schedule includes the following six applications where fees are
subsidized or waived:
® Appeals of Planning Permits:
$458.66 (5% of cost)
® Certificate of Appropriateness (Landmarks): Waived
• Certificate of Administrative Approval (Landmarks): Waived
• Fence, Wall, Hedge Height Modification (discretionary): $266.66 (6% of cost)
• Fence, Wall, Hedge Height Modification (administrative): $275.03 (16% of cost)
® ARB Staff Approval for certain single trade permits Waived
Public Outreach
The public notice for this hearing was published in accordance with Government Code
section 6062a with the first notice at least 10 days prior to the hearing on May 1, 2015,
and the second publication on May 6, 2015, in the Santa Monica Daily Press. In
addition, the MGT of America, Inc. Cost of Services Study was made available in the
Office of the City Clerk.
Next Steps
The fees described this staff report and shown in Attachment "A" shall be effective no
sooner than 60 days following adoption of the new fees or increase to existing fees.
we
Financial Impacts & Budget Actions
The proposed changes to development and construction - related permit application user
fees and services could provide approximately $500,000 in annual revenue beginning in
FY 2015 -16. Revenue will be included in the FY 2015 -17 Proposed Biennial Budget for
Council approval and budget adoption. The Planning and Community Development fees
that were not studied in this Cost of Services study are contained in Attachment "B" and
will be subject to a Cost of Living Adjustment rate increase effective July 1, 2015.
Prepared by: Roxanne Tanemori, AICP, Senior Planner
Approved:
David Martin, Director
Planning & Community Development
Department
Approved:
ILK -
%_
Gigi Necavalles�-Ftdghes, Director
Finance and Revenue Operations
Department
Attachments:
Forwarded to Council:
F, `r-I-
Elaine M. Polachek
Interim City Manager
A. Draft Resolution with attached Fee Schedules
B. Cost of Services Summary Sheet — City Planning
C. User Fee Study Summary Sheet, MGT of America, Inc., April 2015
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City Council Meeting: May 12, 2015
To: Mayor and City Council
From: David Martin, Director, Planning and Community Development
Subject: Supplemental Report Transmitting Revised Attachments A, B, C, and D
for Item 5 -A for the May 12, 2015 City Council Meeting
Executive Summary
Based on direction given by the City Council at the May 5, 2015 Council meeting,
revisions have been made to the following attachments from the May 5 2015 City
Council staff report:
A. List of Changes to the Draft Zoning Ordinance as Preliminarily
Recommended by City Council on May 5, 2015
B. List of Proposed Clerical Corrections /Clarifications to Draft Zoning
Ordinance and Land Use and Zoning Related Provisions
C. Draft Official Districting Map
D. Ordinance to Repeal the Existing Zoning Ordinance and Add a New
Zoning Ordinance, to Repeal Land Use and Zoning Related Provisions of
the Santa Monica Municipal Code and Add New Land Use and Zoning
Related Provisions, and to Implement the New Zoning Ordinance by
Repealing the Existing Official Districting Map and Adopting the Final
Official Districting Map
The revised versions of these documents are attached to this staff report.
Discussion
On May 5, 2015, the City Council adopted a resolution adopting the Negative
Declaration and a resolution approving LUCE and LUCE Land Use Designation Map
amendments and reviewed for first reading an Ordinance to implement a new Zoning
Ordinance among other actions. The Council continued this meeting to May 12, 2015.
The Council directed staff to make further changes to a variety of provisions in the Draft
Zoning Ordinance (Attachment A) and to the Draft Official Districting Map (Attachment
C). Further staff review and public input have identified additional corrections and
clarifications (Attachment B). These revisions and corrections are identified below.
1
Attachment A — List of Changes to the Draft Zoning Ordinance as Preliminarily
Recommended by City Council on May 5, 2015
Clarifications and additions have been made to Attachment A based on Council
direction:
#1 — The provision identifying the front of a corner parcel was clarified.
#12 — The provision limiting parcel consolidation was modified.
#14— The provision related to required unit mix was modified.
#17— The description and map identifying parking areas were modified.
#19— The provisions related to Tier 1 auto dealer facilities were modified.
#28 — The provision related to reduced parking requirements was modified.
#29 — The heading for the parking regulations table was modified.
#30 — Additional section references were added.
#31 — Additional language was added to the Live -Work Units purpose section.
#32 — A provision was added to the list of permissible outdoor displays.
#33 — Additional requirements were added to the procedures for Minor
Modifications.
#34 — The provision related to appeals was modified.
#35 — A clarification was added.
#36 — Clarifying language and a map was added regarding unbundled parking.
Attachment B — List of Proposed Clerical Corrections /Clarifications to Draft
Zoning Ordinance and Land Use and Zoning Related Provisions
#44 through #52 have been added to Attachment B as new clerical corrections and
clarifications.
Attachment C — Draft Official Districting Map
Council preliminarily directed staff to revise the Draft Official Districting Map
designations for three parcels. These parcels are identified in the table below, and the
Draft Official Districting Map has been revised accordingly.
0a
ADDRESS'
MAY 5 DRAFT DISTRICTING
REVISION TO DRAFT
MAP DESIGNATION
DISTRICTING MAP
DESIGNATION
820 Montana Ave
(center portion of parcel)
NC
Changed to R2A
9
1613 Lincoln Blvd
(rear portion of parcel)
IC
Changed to MUB
9
1637 Lincoln Blvd
(rear portion of parcel)
IC
Changed to MUB
9
Attachment D — Ordinance to Repeal the Existing Zoning Ordinance and Add a
New Zoning Ordinance, to Repeal Land Use and Zoning Related Provisions of the
Santa Monica Municipal Code and Add New Land Use and Zoning Related
Provisions, and to Implement the New Zoning Ordinance by Repealing the
Existing Official Districting Map and Adopting the Final Official Districting Map
The Draft Zoning Ordinance has been amended to reflect Council's direction to
incorporate seven priority projects and the procedure for correcting typographical or
clerical errors into the ordinance.
Staff will be available for further discussion of these changes and additions at the May
12, 2015 Council meeting.
Prepared by: Amanda Schachter, Planning Manager
Barry A. Rosenbaum, Senior Land Use Attorney
Bradley J. Misner, AICP, Principal Planner
Tony Kim, Acting Special Projects Manager
Approved:
Forwarded to Council:
��
David Martin Elaine Polachek
Director, Planning & Community Interim City Manager
Development
3
Attachments
A. List of Changes to the Draft Zoning Ordinance as Preliminarily Recommended by
City Council on May 5, 2015 (Revised)
B. List of Proposed Clerical Corrections /Clarifications to Draft Zoning Ordinance and
Land Use and Zoning Related Provisions (Revised)
C. Draft Official Districting Map (Revised)
D. Ordinance to Repeal the Existing Zoning Ordinance and Add a New Zoning
Ordinance, to Repeal Land Use and Zoning Related Provisions of the Santa
Monica Municipal Code and Add New Land Use and Zoning Related Provisions,
and to Implement the New Zoning Ordinance by Repealing the Existing Official
Districting Map and Adopting the Final Official Districting Map (Revised) — with the
following Exhibits:
1. Draft Zoning Ordinance (see Attachment A of City Council staff report
dated April 14, 2015)
2. List of Changes to the Draft Zoning Ordinance as Recommended by City
Council on April 15, 2015 (see Attachment A)
3. List of Clerical Corrections /Clarifications to Draft Zoning Ordinance (see
Attachment B)
4. Draft Official Districting Map (see Attachment C)
5. Division 6, Land Use and Zoning Related Provisions (see Attachment D of
City Council staff report dated April 14, 2015)
M
DRAFT ZONING ORDINANCE
List of Changes to Draft Zoning Ordinance as Preliminarily Recommended by City Council on May
5, 2015
Modify the following language in Section 9.04.110(A) - Determining Parcel Frontage [p.1.24]
Corner Parcel. 'The front-of li flared i.:- Iles- mirrowest drmensioll- of -thr! plo cel <oincsl
partet;r- a�ttlt ecflra1 .rte eel honHge dtelxesiaas, the front of Ihe- parcel e. the- s-treei fiorrtaigc that- i<;- eonsisierH
4vi- fh- thrptcrarilirr sFre 3eHyfwrierrhtHO>3 - dorm- EH�- hlocle ;vher. a.v _-.sei h,nrtel sdoelltctl. ]or comer
2. Modify the following language in Table 9.07.020 - Land Use Regulations -R1 Single -Unit Residential Districts
[p. 2.4]
Transitional Housing
Adult Day Care I CUP I I
CUP I Section 9.3'1.120 Child Care and Early Education Facilities
Bed and Breakfast I CUP I 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]
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 et4l +eared 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 roum +t -- tc gutA -tea
xccrnuaaioel•et a�a- smear -rant 'u no __ c2_se less than one thousand square feet with a minimum width end
ten -gtle of eighteen feet measured parallel to the front and side parcel lines. Required setback area shall
not count toward the minimum width_n i .leth 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. Cr> m+ yardhaii�c '�3stkge- aorxt- mxesstble- Erkani 1kc-- side'iwikanr}
exe }r- tymeiane�- Heat -rceiC If mechanical or utility equipment is placed in die courtyard, it shall be
screened visually and acoustically and shall not encroach into the minimum courtyard area.
_._ Smunnnun of 50 "/" of the Cour sand a MuTI lcr shah Inc cncltncdby l bmldjf>g,
___ (outll ntds
shall he visible llod eccsssiblc from (lie sidcwalk aud eaydi) LL�jooa i nit. Courh'ards'
still]] be visible (roil he Street with .i mininitun ten fool wide opening that is open to th- stc3 For
opcnin sdcss tht {2dy_ feet III 3i tf, into-courorand.s. _tl <1<,bth of Ili(,upe iun; shall u-- -- -- -tee -----
the widdlof -the opening.
5 . ...__.....__ U least 50`/" of coil I I ya Pd ucis shall be ilaeted III] 10 `ucg5�Is9�,060 and 9.26.078 Planting
shill he at ule26oished plenl°rs not eviceediol, t8 ruches above filushed etade . tleast one
ca�ua n' rre� i� �Iree ��cll hi o�u]y ti_n1i mrm soil Volunic tj=aut to Sccuoon 926 %3 111111
be planted in all courlverds.
6. The nwjorf o(��cii�t;i11 url r,tngey In di unnd root unit J ll be. accessed from the motet fioitp,�?,e
ol cooloold.
5. Dlodify the following language in Table 9.09.020 — Land Use Regulations -Ocean Park Neighborhood Districts
[p. 2.33]
Use Classification-
"` Opt,
°OYD�.,
,,,,9P2,
OP3
OP4
Additional Regulations
Adult Day Care
-CUP
CUP
CUP
CUP
CUP
GC
Child Care and Early
'
(Ocean ”
'
'
'
Section 9.31.120, Child
Education Facility
-CUI?
CUP
CUP
CUP
CUP
Care and Early
MUBL ;.
MUB
""
'
NC
Street)
Education Facilities
Regulations
;Blvd)'
Ntithin Designated
"'Montana,
Landmarks M.
Bed and Breakfast
—
—
CUP
CUP
CUP
Section
Maximum Building
Section 9.31.090, Bed
9.04.050, Measuring
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 NIUBL, MUB, and GC Districts shall occupy mote than -V�000
12 500 square feet of floor area and /or exceed 75 linear feet of ground floor street frontage - eetltrtr-
without the approval of a Conditional Use Permit.
(21) Peraritted if within buildings existing as of the date this Ordinance is effective. All new construction,
mcludim, new aiddi loin of 50'% or more addiloonA sq uafeloot, : to ml emstiou huildinUuv one
rune or iire ementell rilcr die eHu liUtr of this Ordinance_ requires approval of a Conditional
Use Permit.
Modify the following language in Table 9.11.030 — Development Standards - Commercial and Mixed -Use
Corridor Districts [p.2.51]
8. ldodify the following language in Section 9.11.030(A) — Development Standards [p. 2.541
Active Commercial Design. The ground -floor street frontage of buildings on commercial boulevards shall be
designed to accommodate commercial uses and activities, subject to the following:
9. Modify the following language in Section 9.14.030(A) — Development Standards [p. 2.75]
NC
6 (Santa
GC
"
'
(Ocean ”
'
'
'
'
„C
"MopJca
' (Lincoln
". :
NC (Main
.. Park
Additional
Standard .
MUBL ;.
MUB
""
'
NC
Street)
;;' BNd &. "
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
storiesl35
to
to
Affordable
Housing
stories /47'
stories/
stories /35'
stories/
32'; 40',
stories /35
stories/
Housing
Projects
55'
40':
on Pico
32'
3a32'
Production
Blvd only
Program
8. ldodify the following language in Section 9.11.030(A) — Development Standards [p. 2.541
Active Commercial Design. The ground -floor street frontage of buildings on commercial boulevards shall be
designed to accommodate commercial uses and activities, subject to the following:
9. Modify the following language in Section 9.14.030(A) — Development Standards [p. 2.75]
Active Commercial Design. The ground -floor street frontage of buildings on coinmeicmi 6ulevards
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
Withh) besi�Lialed I,andrrladcs 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 Peet in
Residential Districts [p. 3.5]
2. Maximum Building Height. The accessory building shall nil be- lriglx•I dsa+r4k< 1>aere,- tpr;l+reo-ildim;
wxd - i:: -nt3 -ease -shall not exceed two stories or 24 feet in height.
12. Modify the following language in Section 9.21.030(B) - Development on Multiple Parcels [p. 3.6]
Except for 100% Affordable Housing projects, no ni+ilti -snit residentially zoned parcels shall be combined in
ownership, or enlarged in size in any manner, so that:
1. The -clr+rnbimd- jx-rfe li >eFrie- a+rrrrr n ends rceeFtlirrzvwrsion glrMertl- rm+'ZSOt}y are. Ecet in -sty.: +Frzy=
lrYrc l- thnt -c �<r:K- I:r- 7, -Sfdtl ,dmr'rfcci in o-r:, - omitiog- "n i Zooing Ordmmnce
shall-be- a le<<al,- er » +1 <+i+rntn<.- parceF 41 13z l�_ +tk �Fu(1- i_?itH -�:-c tit lrlj�r3ii >or{_Dim irlt-_t_I_r.
eo+ abune3 +vc<is- c- entwn`trr+»'er�ie nisitlr+n 51)80-- sep++t��fi•r; =rte hire- rernFitnec�p4ece4s-- erirltk
�:cc edv_.i4.1- k' <4- irrtlr<- ti+c,lrr �'ti+k \Ftrltt*U +rti -1 :i tr�hb+>r }?fxxl i } +slii<tr +m- pair -el tli� +i c;ec- _cerlr �rLG)(1
sr ttr I ct_lo arc .yt;,- 04e hirr- tlx sr Etrpf= -olrll rr,ff Ht1 c- c.le -L k+ ,4re+r AtfE#rrrnr:rsFrnll -Fie
f lclal, conhnrnlin rceFTho combu>__d rrrcels contain +n_ nygvtner_dnan 7000 scluree feet or
grciller than IBS %n of the nrrrag pacel area of harccls oche S_wallin it 00 foot radius of Nie
con,bmed puc el sdijInn the soni( �oimw.dismc i whichever is less. hn the Ocean P irk neivbborhood
di trios tine eolobitica li urns eQitun m v =ea e k l t an 5 000 ,runic fu I orr p wr Ilran 1'7'/, of
t6< i+u;ige p u<cl area of p.i_cels loi ll d widnu a. 500 foot>_adins of the co nbi nod pine l withi +the
t: nc zornnl ch nxt�cvhicb sus l s \n1 I %giffl created xmel ems in prior to `hc offeelive date of
tins Zommlp Oidincnce thal exceed the ve crrnsolidation lirmG; shall be considefed i Iep (onion( i>,w,
2. The parcel fails to comply with any other requirement of this Chapter.
13. i\4odify the following language in Section 9.21.200 - Residential Uses on Commercial Parcels Adjacent to
Residential Districts [p. 3.22]
D. Volrvilbsla ulna subseciions .Vi and (B it the residential use becomes a couunelel dill rssc,_dic
I m(kllds.of Ibis Section _,hall uo lonc,cr rp ate%
14. Modify the following language in Section 9.23.030(A) - Qualifying Benefits [p. 3.34]
Affordable - Housing. All Tier 2 projects must meet the following requirements:
1. � 111wWaNe Lkls }1 _ 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 1sT fraction I shot, sblehonnsin uni Ihet resull� from ibis frnnnul (sbal
be pnovtded as t vilole silo cr tile. housnnlc uuil (i c , unF >:Itspliml, ruction ti ull Ise rounded
up (o die nes tuner inteSe
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
delude ,_alt}%_.ALodesatgancomc.._SI s ns „_l,efined by Seclion 9.64.020.i ;Subject to the
»odtbc dons co,n(annadiu this subsectionAf, sII of lbc ifordable uni,
shall comply with ailthc provisions of thr - 1i 13rRC h iprei 9�. h I itwttr ling t- ais:e -ard� ie-
The addsii)fl; +l sl4old -able hoastrv-rretts pfovic#xi pair mii-(o thts -< seU notr- (- rjej{d3- s}nrk}
C. Affordable housing units required by this subsection (A)(1} 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_Foral
t101to u<tilon Pct colt Sigtt_O�FF or Certificate of Occupancy for the affordable units is issued
prior to or concurrently with the Tier 2 project.
d. No of tilt- fotll- nambetittf unitti v4kte- Iraafk'fr(iairx �nsn�.d- nsc -^- project
:.ball -Icy :4 udio -cirri f -s:
e.. 4lcwst 0-fle, t:!u t-)R lie 1otttl- il si-of tll -re<iden(lal .eta -s: eject shall
Fie - trig- rbeckeot trorth -�t-a sdt eo+rrte}i+r
Z_ tTtii /d Lsa rlpphumty Inopo ml, lemde,tia and coned esc »olccls shall uxor aor the following;
a. Tor P�re>lc- 4Nn+s+',,, mndcet rate units:
tleast 15 0/" of theIlnits_sdlidl be lore - hcd]oom_ lit its,
gt _Aticr,t70`% of the quits smell be two- berh000i units.
uy No more Ih:ui 151, of (Ile _u_utl_s__sL1at1.be Studio unis.
ik the avtravv , nrwnbci of bedrooms for Al of the art- necl<t}s >- hr�tertnz�iaukef rata
units combined shJt be jleltit tioNtwn I I.S.- tai —pru j���- c>tca}5 fieas t-Ht -;
-.}v±�reat�,c +!}tee- Ftc- drf>Ftcrrirt;it:z- f3t11- f_cn*rri�j�7tjrraiediofrne -:
b. For ;d1- rt^eiaiai+m- affordable hoasinv ui1its:
}- -�- t- 1£ly {- 1(t- pf_tt`f' lit(t[A lnI - — tt1 }Ittt�tffit,r l }y} bt�th3f'e-})C'Cl_k_(ifl�Y #f N{ti:
ii. The nctage rutmbct of bedloomq hot ;il] of the feltrttttmst ralforct cblchs't _,
ccmnhmed shall be Y _to of ,reiltcr ibnn the ascrt c number of
itys3 otnti oall of the matlml me nl s pttrna nt to sl.bseclion (� ( ( l
of this Section. 'frt— putl�ese €_<: rlc= t3i:titiri iris ;jrcy�t:, ;- vn�= -,r7t t;-ss tfil3- �nr>t- y:- ilrxrt
+ hrec�, c4lterrrrrrrdr }1F- crx♦rr:,nflwrtrw„ -tinfc bcxh o, wee
C, The. Director met, Mint . waiver It n t� tti mix reem w un to tc �l _ p i
recp;n4ments uad procedpi< or Wm is in 01h >tet 243.
d The tarpurenvws of subseUton to pt( ta»lirrtions
ftledprtor to the effective elite of dtisO eunli)ec,
2-3. 6L /i nlinn Itcu. Applicants proposing non - residential,__ -ld 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 Ordnance.
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: l- `x,080 -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 ofParlcing.
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 gees atf'r, rs oprli to the- public; Ind
improves the pedestrian, transit, and bicycle network;
17. Modify the following language in Section 9.28.050 - Parking Requirements by Zoning District [p. 3.67]
To implement the parking policies of the General Plan, Zoning Districts IT.itkiaa rcaairements for those arevs
ill the innncdrale vicinih of Iligh tY"tosk siauems or snopsand tie M4 Inori YI R11 "'iecihc Plan area differ
fio#n all othel ue:rs of ibi- Ci hs, - seer�Hrad <.Litr2 -e t< Rorie; t -lo <A <ensiftr reetr „�cheee- »ew- c+reelerlrni -tiYP
xnc-I -uses nrtj arc- d- olt're u�rrkin1; front
visitors -lcld dropper:, 11od- kighe# dera_d+y- .rrrcl ts.ursit- -:rrtc irtd art.re- wheic-deiv r, gr cMCt'- crlry>oi tank kr: F;r
on adtetrlluwws ;�>lt.aie'a accoobile use Ld>k 9.Ob:0 r0 pilsrc .rNYe {.rair, -Y 1)rsrrtets 3r3tri s cntf eeirrt- t-rri=
<orees -peax6 fo l rgulc 9 'S O A0 do i"wOvs m6u h irca�nstituic Parl im> Ocei�lat- 1tra E its icfercoc_ee in Table
9.28.060, which fists the off-street parking requirements for eac -h -iY < :-]r .,'- LteaHrirrtrreach of the- 22 puk$ig
<-';dcgerxie tlY< 1Fr v1 Le4c lY KlAOi taIron _d)nlbr(-,tnc4 ill (niter imis Cimvidc (Ex( (I i lie Ali etFljs,w
{casr�peat Moir 33t ist <i PuIJjlg OAUIaP Area 1. Aml I'LuY B;e_Q,
and for Putkin, OOOOr >erl,w Arco 1.
, ,
Off Si eet f�arkerg €;e l £tor+:
ontttry- Dtsltiat
Moved Ose Tiansponation Districts
Mined- NseE3o !#Ecva €c- NNi+s+tue Boulevard from- Lincoln
Boulevard is 40” Sti"Aand floor +4r" COUftto -19 °'- Street;
ceulrrside; Goloradea- Avenue -from 20°i3treetlo-clove44lold
Boulevard, sout -jidu. -4" Skeet soot+: -uf Olytr)r)lcTDrfva, east
side
Mixed Use BOLdevard Low. Sines Monica - Boulevard frern
23t' Sireet -to eastern city Nmit;+3roadway -from Lincoln Coot I to
ir€i"'- SH'ceFOe +orade- Avenue- #rorrY- 6inceirY�eoH- toGlove liek+
Boulevard Boulevard front 10" " St+eet- foal "'Silent;
f>? Sea- Boulevar(f 4oac Neilson Way eastero -cil yin3 +t�noludiaq
areas - north -of- Bicknell- Avenue -and -Grant Street
#aarksoncf,Open Stiaco. area - bounded 4+y-Ocean- Avanuo-
Oalifo. nfa- AvsnuL,- Lincoln- C3ouievard�° -, onto- Mon+ca
Boulevard, Centinela- Avenue and Ocean Post Boulevard _and
thc- area- Loundedby- {Naintikreet�elevado- Fwarwo- -4' "- Street,
and Pico- BoulevareT
General - Conimerc +al;- Rico - Boulevard fool Lincoln Boulevard
io- .1 °'StreuE- Laneo +n -[3ou Isvard - #rom- Santa- Monicz#- Frees.ay4v,
Ocean - P-atle Boulevard' Santa - Monica - Boulevaic+ can ider -front
Lincoln Couitto-20 " "- Street
+ �etkj+ i+ JO#'+# eOd- GOnllneYGliA {:-- OlyrnplGBOf #eVafd- iiOHl -'t 4'"
52reEi- {9 =1{3'" S++eE3f; QIC-0f�IIHleVafd- f101TY {u7 &In-iifl Ul i-te
Gentinela-Avenue Michigan Avenue fforn Eudd- Street to 14""
CouiN4t"Stieetfronr Michigan - Avenue to Rico - Boulevard;
Main Surat- tram -Bay to Strand-
€ 3erflarnof- 3 }3eaific- R+a+�l3i.*,t -n!eE
Downtown Specific Plan District
Heait+tcare Mixed Use: BOUndod by 14"' Count, Wlshire
Boulevard; 6"£eu+4aad- Santa - Monica - Boulevard, and -wea
between -10" Court, WilsbiroSoulevaid, 23'a Stseetand
Broadway.
Ocean Front Distflct: area bound by and including Santa
Monica -Pies. Ocean -Ave between Santa Memos Picr and Bay
Sweet, Bay Sfrvct betweor Qcoan- Avc -nue- and -Glean -Front
Walk, and- the - Pacific- Oscan:
lollu tr fat- 6ariservatiow,aica -east of -oaBr f
Colorado- Avenuc west -of- Stewart - Stfeet and north of theme
civic - Cellist '
firskitt +tierra+Fhctb{ +c- Lands: area - bounded - by- MatnStreet,
Olympic Dave, Lineal#+8eulevaidr Arizona Avenue, 'ale
StroeE; StewartStreot and Ocean -Dank Boulevaa]7
Office- Campusa north of
Olyrapic- Boulevani, south of- €Broadway ana- wsstOfStewart
Staeet.-
Residential -& Gornixiew+al Conservation Districts
All -i ernainiu�en+ng- Districts,
FIGURE,, 9.24.056 fbi�`. <T;; 3 t1;T' TRAI`^?`�i E�R'P 'I'T < ?t�} - -3 4'F' & <FF;'FA dam) lrE i1'dT''s!i >F' -_F _7f_ § -_
TR,41R I T'-PARKING OVERLAY AREAS
18. ldodify the following language in Section 9.31.040(D) - Alcoholic Beverage Sales [p.3.1111
Alcohol Exemption Zoning Conformance Permit.
L_ ---- _--- _ 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:
42. The primary use of the premises shall be for sit -down meal service to patrons.-Aleolsel shadl
not purchesiag -food:
-1111. `nr d nn is; iv lira mfllc:eF- Entertainment may only be permitted in the manner set forth in
Section 9.31.290, Restaurants with Entertainment.
3 __A\hth aspect to the Diteclot ;_fit ion lot Alcohol F.semp( ion 7onin - Confornnuxc Pellmis fof
le"I m ants wllh over 50 it" wid5m (lvo bucuu�5 dills from tile 'filie Then lie dc(cmliomion has
bocil m ce �onco rn,in -the apu i „lion and pc on die Cif s webstue, die Dflectol. sbTdl transmit
the S(atelcenl of t)ffiud \t[lon to the i»Geaa_t n tile shown on tile "llpfilicilioll and to
lnopcoyo nc.is_ and residcnlml and co xnnemat (r n_aiit,' wilbin a mtdiu of 750 feel from (lie exterior
boundat leS of the > p�th mvolv<d ut the application the ap,llsipt or am nrowih vners and
t rstdenilal at ;d ,e ui,�iZ- tenylflls ,jjillin �l r -<hus of 750 feet fromtil exterior botln(hues of the
piope�hej,n�oh ed m the application inn apd,ed the derision to the Plumurt Conunnsston dgllowpag
th< ptoccdnt ('ti tict to th ill Scctioll 9,37, 1% o too 31.04 QA o [ U9
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
nnin imum 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, \ nett Iicr 1 1( 00 tie der 6actlth lCoI cin - to csis[in�adh c_ta]a71sdLed auto dealer flcilit•J
Tier I cespwasion of all exis8nv aulo dcalec (a, thtt! shell be tlloctecell addidOnil _ 25 FAR. above the
maxinuun Twr_ I limit
,)d. Special Rules for FAR Calculation. Below -grade auto dealer facilities shall not be counted toward
floor area in the calculation of FAR. Areas devoted to rooftop parking/ automobile storage shall be
discounted by 50 percent. _
5. - Rvvict,L. 1 I)c%Itfpuccat kC'7leyy Poll( shall be requited for 'Illy-new into dc,dcl
l .iltir tepll acing an ell let,; Irl;at� c lebltshed_mlo dc'llcl facility of eshttnsion of on cxislind auto
drtierflcilihcsrcediny iOOd;( uate feet withintheTier1Intsnnn�Tin },its,
-6. 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 68:00 p.m. or sunsel. whichever comes fast on weekdays and 9:00 a.m. to 48:00 p.m.
of sunset «1 „tr�iesen comes first on weekends.
21. Modify the following language inn Section 9.31.140(C) - Family Day Care, Large [p. 3.1341
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 64:00 p.m. or sunset ,xhg v n1es _fi_>��, , on weekdays and 9:00 a.m.
to 49:00 p.m, or stnasct whichcicr commes I ost on weekends.
22. Modify the following language in Section 9.31.185(C) — Medical Marijuana Dispensaries [p. 3.141]
Number and Location. A maximum of 2 Medical Marijuana Dispensaries no larger than 2,500 square feet
shall be permitted. Medical Marijuana Dispensaries are prohibited within 600 feet of a Clilld, Care and Early
Education or Family Day Care Facility, park, school, library, rre-- Social Service Centerr other Medical
iNklrl.lrM a D' vas. 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 pc un anent of run at 1 d u e.n� dance floor oa dance :vim 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) u
eouso 11(doe a CI i uldi ions to esiti(i-ne huddmos of more than 7,500 squatre tent of loot fo _rr_t
located in die Pico Ncwfiboihood w"I.
17_GUt3f:_ 9 1O,O20(A), PICO NEIGHBORHOOD AREA.
11f0111I17P�a,�m
�ii�iilrrnn�``jj��I.
HIM
111llItL�N
I�i�41�ir
I
Ir s>�Li,
1 1 ��11 :11 I
i I L! II 1 II
15 I I r!I'a
i
a
,i
1 II" I I 111
mlmnm� .mm 1 1
11110
I e �LTi I
s
I
51 I' 159
MII 1 IIINL I il, '
1 I
i
r _
i�
i
I +fin 1 1 `'
�' `x=`.
dl:.
II
1:
f
AIRPORT
i
N4-7
J ' I 7i
25. Modify the following language in Section 9.43.050 — Applicability: Fence, Wall, and Hedge Height
Modifications [p. 4.291
RC „rztered Existi 1, Non conform ii it, Fens s, Wall , and fledges, Discretionary Pe�edor
\n ncr txd ilil�i }gym hewht A cf;i tt c_t cv.ti walls, alzd he<h
psiisuatif to Seaton 9.'I 050013 n> to 5OYo abets c the height of the re 1,1-ie,rec tma <v�I,of aedee
m LL rentcd n ecf >(Ielmomt dn:Es- wii g Wilica don z rcI I Iiretneuls s pecified ui i~eclion 943.080
1'1 oz edlues -yid Rc(uired I- )Ildims ror Item, c37;t11 , n, Hedp Hezr'1'I Ntodl It aliens.
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. 1fei ht Modification of Reagisrmd E; imiu No Ix o ifoz n�i11 I'f nc.e.�Wteilc, acrd. &- ied�;zs ---
Disetedontt }' PzoeedutC \ )m Col owncrmlt u<iLlcm a h,r„ht modtfifalion ❑) 1 o �(� "�'�ov' thee.
'
27. &{odi�y the following language iu Section 9j2.02VJY00— Definitions h,.5.4U
firm
association, organization, partnership, business trust, company, or corporation.
18. 'Modify the following language iu Section 9.28.180— Reduction of Required Parking [».3.Y3]
viciuity� ,f4lj* Q" sit 2, Noty-rel;i(lentifil properties,
111L appLicaw "11,111 have (lie
uub�b�
reef r illef be fl�ololw in b(-
114ed will lrlec� (Ile liceds of the
-oil site Uses'; lled
uaa`
29. Modity the following language in Table 9.28.060 — Parking Regulations By Use and District [p. 3,69]
30. Afo6ify the following language iu Section Y.V185V— Special Development Standards for the Protection and
Preservation of Mstoric Resources [p. 1.7]
I^ order to preserve and protect historic resources and/or properties uu the {Dorodc Resources Inventory iu
the City through the City's land use process, this Ordinance authorizes Uo6klc zoning
standards and modifications to development standards for these resources. This Ordinance also establishes
heightened review standards before o building vr structure over [o,4,(4V) years of age can he demolished and
imposes a more stringent definition of "demolition" for buildings or structures on the City's "storic
Resources Inventory. These provisions ate located in the relevant sections of this Ordinance and arc listed
below simply u^xlucxdoux|aid.
10
31.
32.
33.
34.
1.
Section 9.07.020
Bed and Breakfast within Designated Landmarks in Rl Only
Sc, tioit 9.08 020
Bed and bse.ekfast vi illin I X' i8a ui d I;andm ivks in Vohs Unit O
s
_
Scctiotz 9.09.020
Bcd anit live llki twitlis I )csigth, LiMi:mdm arks I n OP 0 i)k
d
Section 9.1 S M
_ Bed acid BICAflsl vv thurDes n sled 7,4tpdin�lilcs ]o OF Only
25.
Section 9.25.030
Demolition Defined
>6.
Section 9.25.040
Requirements for Approval of Demolition Permit
11,7.
Section 9.27.030(C)
Replacing Nonconforming Features or Portions of Buildings
58.
Section 9.27.030(F)(1)
Demolition and Rebuilding
69_.
Section 9.27.040(A)
Damaged Structure Restoration Application
71().
Section 9.28.180(A)
Reduction of Required Parking
$11.
Chapter 9.33
Historic Resource Disclosure
9 12.
Section 9.42.040
Required Findings for Variances
181_.
Chapter 9.43
Modification and Waivers
If 14.
Section 9.48.050
Unauthorized Demolition of Historic Resources
421 ti.
Section 9.52.020
Definition of Attic
-Pi 16.
Section 9.52.020
Definition of City - Designated Contributing Building or Structure
1 -41.7.
Section 9,52.020
Definition of City - Designated Historic Resource
151.4.
Section 9.52.020
Definition of City- Designated Landmark
4019.
Section 9.52.020
Definition of City Designated Structure of Merit
-1 =20.
Section 9.52.020
Definition of Historic Resource
-14K 1.
Section 9.52.020
Definition of Historic Resources Inventory
}922,
Section 9.52.020
Definition of State Historical Building Code
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
prtrastar combined commercial /industrial ;ind tesidClluiit Use- iil-erlich t!leocc-up;tnV fe.;ides 9s a secandmJ land
crse- :.etttr. The purposes of these provisions are to:
5. Provide for the health, --,m<l safety,'wId r'ghilit' 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 femainin- cxr.;rtrawiah -tlse
pve'<lornu tit mauirunurG find tes x<wrs lg moth the rcsid.ejui,'fm�svorkspace character of live work
buildings.
Add the following language in Section 9.31.220(B)(1)(a) —Ongoing Outdoor Display and Sales [p.3.146]
Ill playoff b cvcics .issoc ucd Nvt(h i 3l iblishmcnls dcvoicd solc t}_to lic1Cle `, de�.-._and Suv,7ce.
Modify the following language in Section 9.43.060(D) — Procedures for Minor Modifications [p. 4.30]
The decision on the application for a Minor Modification shall be mailed to the applicant, :aid to property
owners and residents of parcels sharing common parcel lines with the subject parcel end to other individuals
who lo"idcd svrtttco ootike 11).it Ihcy wished to receive th, stacciuellt of �ofheiil action For _dll, item._ln
tdait %m e nolvcc {'ci,udlnx the decisioll on the Ip>Il iainou loi a A rnu Alociific uon idenidllnv the Nature of
dic decision Illdhlir < nyvtebsnc eddies, wirefc the deicrmimetiou hn been lostid hull be posled in fil oetl
lnoMA"ittblc to lheIll IIAc f[ I I (I not III oI,c i'han 10 lee -ina« h Ih : f I o 1, t ev sic et hue.
Modify 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 it minoi modification major modification; waiver; or
discretionary fence, wall, and height modification pursuant to Section 9.37.130, Appeals.
11
;?— fhC tin tll <rP- ,,mi- txo,xitr- tlej -- ride c3- e€pmcc15- whar I- pa ke
nnl- i }e:- trt+sna�ly$pr;$- a- deersiartr �re»iarn mr�dic�u to
the Zomog- ,�?<hmtirrfeaterfekk -r�r-i
[he woce4ure s ,cam- fe3t+lr to Seetions) 3 i (- i9(B- d? }- ij+pea!r.
35. modify the following language in Section 9.64.050p) - On -Site Option [p. 6.151]
7 ,ucpl,_i. pionadcd in Scc lion 9.2,A0300), U300), Aany 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
requited 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 N*cts. 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 Ps shorn in Rismtc 9.'.5110 l,vasRc<u�, in�iinv Utihundled Parking, shall be leased or sold
separately from the rental or purchase fees.- This provision shall only become effective if S14lIC
Chapter 3.08, Preferential Parking Zones, or any successor thereto, is amended to establish this
requirement.
2. 100% Aft-dable Housing Projects. 100% Affordable Housing Projects shall be exempt from this
provision.
3. Naunsidenlial Proels. All off-street parking spaces associated with new nonresidential projects ,is
shown in Fii_unc 9.28.7 LO_:lrcas Rc�c ntitiug Unbundled Paa�k shall be leased or sold separately from
the rental or purchase fees.
12
FIGUIM, 9,28.110 A,HEAS SQUIRING UNBUNDLED PARKING
13
DRAFT ZONING ORDINANCE
List of Proposed Clerical Corrections/ Clarifications to Draft Zoning Ordinance and Land Use and
Zoning Related Provisions
1. Modify the following language in Section 9.01.040(A)(2) — Applicability [p. 1.5]
Compliance with Regulations. Except as provided in this EAapferZonmg Ordinance, land or buildings may
be used and structures may be erected or altered only in accordance with the following provisions:
2. Modify the following language in Section 9.01.040(D)(1) - Applicability P. 1.71
Previously Approved Development The erection, construction, enlargement, demolition, moving,
conversion of, and excavation and grading for any building or structure for which a valid discretionary permit
or building permit was issued prior to the atiapdorr- ective date of this Ordinance and which does not
subsequently expire. A discretionary permit of- 4nulding- 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
adsptiotreffective date of this Ordinance. No time extensions, including any that might have been authorized
by any discretionary permit or building permit shall be granted for any discretionary permit or building permit
approved prior to the adoptiF effective date of this Ordinance;
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
sfordeyelopment stendards.within
�. -k2*
R3 *"
R4' -
;Addltlonal Regulations
speeifed,areas; see 9.08.030(A)
No less than
No less than
NA -No less
Courtyards — Parcels over 99 feet in
10% of the
10% of the
than 10°/ of
width
total parcel
total parcel
the total parcel
area. See (F)
area. See (F)
area. See (F)
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 unils whicliever
is less. For parcels less than four thousand square feet, no dwelling units shall be permitted, except that one
dwelling milt 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 Revierv. Except for projects listed in Section 9.40.020(B), a development review permit shall be
required for any development of fifteen -len thousand square feet or more in floor area.
Modify the following language in Section 9.08.030(A)(2)(c) – Development Standards [p. 2.24]
Maximum Unit Density. A minimum of fifteen hundred square feet of parcel area for each dwelling unit., or
four units total wbichever 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. 2.251
Maximum Unit Density. h-one
thattsatvo- Ixundtedtftseluate- feet- ef- j> atec.l- ac.rthall- beernrKted -foi rise- fr> lloto-tas� *- p- xefetted- perntitEed
irrejcet one- httnehecE- peecen {;tf{ntdaltte- hotr,;ia ptnjece: r� }ajeets- thatinc -htde- tine- _etet�t:ott- snel-ni , rwfien
o£- a- ]rstai'ic- struettuc- arc- l-- tlrct- c- c- rrr�xlg- tvitlr3- he3eetetary -of lntcct�r�3taael.; j- rel�fordre= I'teattneai- vf- f- Iis+ur -ie
lzreperries;- mulirunit , tpa- attueni- asxitr', vdsete- tivet3t'y =- ftve- pereetzt -ef- the - snits- ate- flttee�ec- }ream,- ot- dacger,
str-f y� st:�pereentrtrf- Ehe- te;nxatrrinr units --arm f3vcr- bccltesorrn -o-t- larger - and -P1xc prrrjec f- r;- registeeed- ivit {rthe
U- S6t3E- terteeetve : r1=} �D- rtiiag- af�ilverea- rhigherlevel;- clxilel- e4;ty�mertentecs- cc>mntuatty- care- Frctlfies;
lmrnelcs ,.,-- shelters;- eow�egxEe- hoer„ inl�dome�tc-•, tio3etret�- sHekers ,-- L�spiee- fstetlitiesi -Ia ge- fuatIy- tktj�- c-zree
hoeaes� residerrtia3 -arc tfleilitie�- seniar- graup- hauling- se'4xier- kettsetg; single- etrrtt- d�vellirtgs�.ttd- ftasstfisnal
hecs, a ; For al{- otlmr- 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, wbichever is less. For
parcels less than four thousand square feet, no dwelling units shall be permitted, except that one dwelling unit
may be permitted if a single -unit dwelling existed on the parcel on September 8, 1988.
Modify the following language in Section 9.08.030(A)(3)(j) - Development Standards [p. 2.261
Development Revienv. Except for projects fisted in Section 9.40.020(B), a development review permit shall be
required for any development of thousand fivehanclred- 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 t may-- be�:�eeedtYi- pxmtided- that -he
maximum- tf>ohctight- ciocv� shd( 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 panting 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 the-- effecivc: -date; c- rf- this- F'lrtptee
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 222.020(1 ,)(1) - State Incentives in Residential Districts- Density
Bonuses [p. 3.251
The proposed housing development, inclusive of the units replaced pursuant to this subsection (EF ), contains
affordable runts 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 deternilned the City's Building Official, it may be
demolished. The Building Official's detennination 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 -itNl�Building -Code.
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 including or is listed on the City's Historic Resources Inventory,
provided the alteration or addition conforms with the Secretary of the Interior's Standards for Rehabilitation
and Illustrated Guidelines for Rehabilitating I-Bstoric 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 "r iy-- l�jcc+-tegtiiiing
P1aHtHH�E�immt,Y,kiEJtHCNfettl. -
16.. Modify the following language in Section 9.31.070(D)(3) - Automobile /Vehicle Sales, Leasing, and Storage [p.
3.124]
Ma hnum Parcel Coverage. SD ° % -o msiclentiai- panel -su:ca -The m- isimnm hared wverage of residential
Parcel area shall be [lie area of Ilie parcel not within the setback areas re ui ed in subsection D 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;
C. Name of applicant, if different from appellant;
f. Action or decision being appealed and the date of such action or decision;
g. Address and description of real property involved; and
h. The specific grounds for appeal.
34, Proceedings Stayed by Appeal. The timely filing of an appeal shall stay all proceedings in the
matter appealed including, but not limited to, the issuance of City building permits and business
licenses.
45. Appeal beatings. 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 die 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: \finor Modifications [p. 4.27]
The provisions of this Section shall apply to specific development proposals that are for uses permitted by right
or cHtxlitionallpetnxtted -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) - Apphcability: Minor \Modifications [p. 4.271
Build -to Area sLj_nnee. Up to 5 percent of the standards for building fayade 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 cvml{tienslly- peryrritted -by discreyonv� 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 AreasLine. Up to 20 percent of the standards for building fi4ade location.
22, Modify the following language in Section 9.45.070(C) - Planning. Commission Action on Amendments [p.
4.38]
Plamring 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 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:
L 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; an
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. See�3ivisierr3eetion ^.?'.?' ;- Sear- fi<>ttp
P.csidcntial; fnr- ftrrfkc�rrtlei:ri3s:
25. \Modify the following language in Section 9.51.030(B)(19)(d) - Non - Residential Use Classifications [p.5.15]
Walls In Clientele. Offices prcdonunantly providing direct services to patrons or clients and do that mtty-err
map 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 Batiks and Financial
Institutions).
26. Modify the following language in Section 9.52.020.0260 - Definitions [p. 5.281
Bedroom. Any habitable space in a dwelling unit or accessory structure other than a kitchen or living room
that is untended for or capable of being used for slcepmg, and is at least 70 square feet in area isseparuted front
other rooms I)v a door and is accessible to a bathroom widtout crossin 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 die 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. 6.48]
Zoning Ordinance. C- ]taptei -9:84 Division 1 Through 5 of Article 9 of the Municipal Code.
29. Change all references of "July 10, 2010" to "July 6, 2010 ".
30. -Alodify the following language in Section 9.64.040(A) - Affordable housing obligation [p. 6.150]
Except as provided in Section 9 23 030(A Aall multi - family project applicants shall comply with the
requirements of this Chapter in the following manner:
31. Modify the following language in Section 9.64.050(E) - On -site option [p. 6.151]
The multi family project applicant may reduce either the size or interior amenities of the affordable housing
units as long as there are not significant identifiable differences between affordable housing units and market
fate runts 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
9.23 030(A) each affordable housing unit provided shall have at least two bedrooms unless:
32. Modify the following language in Table 9.09.030 - Development Standards -Ocean Park Neighborhood
Districts [p. 2.341
'Standard
OP1OPD
'
=.OP2.
OP3
OP4
Additional Regulations
Maximum Building Height (ft.)
Base Standard —Flat Roofs;
23
Roofs Pitched at- LeastLess Than
20
23
23
35
1:3
See (B)
Minimum Setbacks (ft.)
Greater
of 4 ft•
3 feet for parcels less
GorverStreet sSide -- Parcels less
or 10%
See formula in (C)
than 35 ft. in width in
than 50 ft. in width
of
Opt
parcel
width
CornerStreet Side - Parcels 50 ft.
See
10 ft. See (C)
or more in width
(C)
33. Nlodify the following language in Section 9.09.030(C) - Front and Side Setbacks [p. 2.371
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 eoeaersl:rect side setback on lot parcels 50 feet or more in width. In the OP2, OP3, and ON
districts, it shall be used to determine the required etnnerstrect 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 cse»rnef-stect 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. Ndodify 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 sheet -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 Tenn Bicycle Packing [p. 3.891
d: _ `�.east�ne- elec�iierl- c >uElct- shall-- be- sn�tril able- irreac -h- tang- tef�ra- bieyek; lretkiag- :news- €oi�he -nsc: �€
cleN- rte; tt- assts{ed- l- iieyele- c- hsu�lin�.
36. Modify the following language in Section 9.28.150(A) - Car and Van Pool Packing [p. 3.90]
Applicability. All commercial uses where there are more than 250 parking spaces on the site shall provide
permanently designated car and van pool parking spaces as provided in Table 9.28.150, except as otherwise
provided in this Chapter.
37. Modify the following language in Table 9.28.150: Car and Van Pool Parking Requirements [p. 3.91]
0 -49
0
50-99
1
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]
2. If a counter service area is provided, a- pm- nYnn -alrnll -amt bc: p� -nrir acct- tfrsttt}x�- e- otiaVec�trtless -the
for patrons, and the counter area shall not function as a separate bar area.
39. Modify the following language in Section 9.51.030(B)(15) - Commercial Use Classifications [p. 5.14]
C. Vacation Rental. A property with a dwelling unit or guest house intended for permanent occupancy
that is available for rent or mire for any person other than the primary owner for transient use less
tlrarrfor 30 days or less or is otherwise occupied or utilized on a transient basis for less -that 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 Nvith 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 unean the followin r:
1. For 30% income households the product of 30 percent thnes 30 pefcent of the area median income
adjusted for honschold size appropriate for. the unit
2 For 50% income households the product of 30 percent times 50 percent of the area median income,
�Id asted for household size appropri -rte for the unit,
3 Bor 80'Yo incoole households whose gross incomes exceed the maximum incomes for 50% income
households, the oi:o uct of 30 percent times 60 percent of the area median income adjusted for
household Size ab xop is c for tine unit.
4 For moderate income households the product of 30 percent times 110 percent of the atca median
income adjusted for household size anoro mate for the unit.
For purpases herein, - fo��ble tent shall be adjusted as necessary to be consistent with pertinent Federal or
State statutes and regudstions governing Federal or State assisted honsius.
42. Add the following language as Section 9.52.020 - Definitions [p. 5.26]
Area Median Income or AMI. 'f le medem fainIlv_inc „o_tue published from time to tirne)>L IIUD for the Los
Angeles -Long Beac i 'Nfegopolitan Statistical Area.
43. Add the following language to Section 9.64.0200) - Definitions [p. 6.148]
Affordable Rent. Affordable rent shall mean the following:
1. For 30% income households, the product of 30 percent times 30 percent of the area median income
adjusted for household size appropriate for the unit.
2. For 50% income households, the product of 30 percent times 50 percent of the area median income
adjusted for household size appropriate for the unit.
3. For 80% income households whose gross incomes exceed the maximum incomes for 50% income
households, the product of 30 percent times 60 percent of the area median income adjusted for
household size appropriate for the unit.
4. For moderate income households, the product of 30 percent tunes 110 percent of the area median
income adjusted for household size appropriate for the unit.
For nnposes herein affordable -rent shall be adjusted as necessary to be consistent with pertinent Federal or
State statutes and m,ulations governing Federal or State assisted housing
44. Add the following language to Section 9.01.040(A)(2) - Applicability [p. 1.6]
h. A lepally- created parcel if !rind existinz nior to the effective date of this Ordinance having less Frei,,
frontage, or dioign oa s than required by this Ordinance in the zoning disl lict in which the p:ucel is
located ha be considered a legal conforming4parcet.
45. Delete the following language from Section 9.52.020 - Definitions [p. 5.37]
9: §2; 020�F ."i8- �Foxoox€aexatrg- Rzereel -4- legally+- ereatad- paic�l- era- lsnd-- Ilaviilg�- less -area, - frenttig��r
dirneroiion„ '�'' T,. -.,,: 'y ',,t Hance -re lutres�rrt ale- zerxn}g- distllet -nil- �vhiell- ti- ts- locafec -F
See�krrptrt- 9�2:rtrn<;orrfnnsting; -L -Frew; Stt3ac�trre.�antl�a- itc.I�
46. Modify the following language in Section 9.07.030(E) - Development Standards [p.2.111
3. Modifieatiorrs to Required Stepbaeics. Required se+baeks- sienbacks 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. A4odify the following language in Section 9.21.160(C) - Swimming Pools and Spas [lp. 3.20]
Swimming pool or spa filtration equipment and pumps shall not be located in the front or stteeef 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]
A senior citizen housing development as deemed in Sections 51.3 ancl3ia- of the Civil Code; or
49. rllodify 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 (L I),
contains affordable units at the percentages set forth in this Section and Section 9.22.030.
50. N /odify the following language m Section 9.51.030(B)(2) —Non-Residential Use Classifications [p.5.91
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 how basis. This classification includes animal shelters 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 togroomisg - 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. Nlodify die 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 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 (he 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 fill -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) — Voluntaty Merger [p.6.691
7. The merger shalt not atuc 2Tarccl dial exceeds the lot consolidation size limit established in Section
9.21.030(13)for the zone district in which the pLircel is cmated
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f:\atty \muni\ laws \barry\Zoning Ord inanceUpdate &ZoningDistrictingMap 5 -12 -15
ORDINANCE NUMBER_ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA REPEALING THE EXISTING ZONING ORDINANCE, CHAPTER 9.04
OF ARTICLE 9 OF THE SANTA MONICA MUNICIPAL CODE, AND ADDING A NEW
ZONING ORDINANCE, CHAPTER 9.01 THROUGH CHAPTER 9.52, TO ARTICLE 9
OF THE SANTA MONICA MUNICIPAL CODE TO ADOPT A COMPREHENSIVE
ZONING ORDINACE; REPEALING CHAPTERS 9.08 THROUGH 9.72 OF ARTICLE 9
OF THE SANTA MONICA MUNICIPAL CODE AND ADDING NEW CHAPTERS 9.53
THROUGH 9.68 TO ARTICLE 9 OF THE SANTA MONICA MUNICIPAL CODE TO
ESTABLISH LAND USE AND ZONING RELATED PROVISIONS; AND
IMPLEMENTING THE NEW ZONING ORDINANCE BY REPEALING THE EXISTING
OFFICIAL DISTRICTING MAP AND ADOPTING A NEW THE FINAL OFFICIAL
DISTRICTING MAP
WHEREAS, on July 6, 2010, the City adopted a new Land Use and Circulation
Element of the General Plan ( "LUCE "); and
WHEREAS, afterthe adoption of the LUCE, the City commenced a comprehensive
update of the City's Zoning Ordinance ( "Zoning Ordinance Update "); and
WHEREAS, this is the first comprehensive update of the City's Zoning Ordinance
since 1988; and
WHEREAS, the overarching objectives of the Zoning Ordinance Update are to
ensure that the update is consistent with and implements the policies and objectives of the
LUCE, addresses administrative and interpretation issues that arose with the current
Zoning Ordinance, is easier to use, and clearly sets forth the City's zoning requirements;
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 necessary for
consistency in principle with the goals, objectives, policies, land uses and programs
specified in the LUCE and for the public health, safety, and general welfare; and
N
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
G!
WHEREAS, of all of these chapters, only the TDM Program has been significantly
revised because of its intricate relationship to the parking section of the Zoning Ordinance
Update; and
WHEREAS, since these chapters are not part of the current Zoning Ordinance,
none of these provisions were included as part of the Commission's formal
recommendation set forth in Resolution No. 15 -003 (PCS); and
WHEREAS, an Initial Study /Negative Declaration (State Clearinghouse
#2013121053) has been prepared for this project in accordance with the California
Environmental Quality Act; and
WHEREAS, the Initial Study /Negative Declaration concluded that adoption of the
proposed Zoning Ordinance Update, LUCE amendments, LUCE map amendments, and
land use and zoning related chapters would not result in new significant impacts on the
environment that have not been previously examined or adequately addressed in the Land
Use and Circulation Element Program Environmental Impact Report (State Clearinghouse
#2009041117;and
WHEREAS, on May 5, 2015, the City Council adopted the Initial Study /Negative
Declaration,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
SECTION 1. Pursuant to Santa Monica Municipal Code Section 9.04.20.16.040, the
City Council does hereby repeal the City's existing Zoning Ordinance, Chapter 9.04 of
5
Article 9 of the Santa Monica Municipal Code, inclusive, and adopts a new Zoning
Ordinance, Chapter 9.01 through 9.52, inclusive, to Article 9 of the Santa Monica Municipal
Code as set forth in Exhibit 1, attached to this Ordinance and incorporated herein by
reference, subject to the modifications set forth in Exhibit 2 and Exhibit 3, attached to this
Ordinance and incorporated herein by reference.
SECTION 2. Pursuantto Santa Monica Municipal Code Section 9.04.20.16.040, the
City Council does hereby repeal the City's existing Official Districting Map, adopted by
Ordinance Number 1622 (CCS) and periodically revised thereafter, and adopts a new
Official Districting Map of the City as set forth in Exhibit 4, attached to this Ordinance and
incorporated herein by reference.
SECTION 3. Pursuant to Santa Monica City Charter Section 615, the City Council
does hereby repeal Chapter 9.08 through Chapter 9.72 of Article 9 of the Santa Monica
Municipal Code, inclusive, and add Chapter 9.53 through Chapter 9.68, inclusive, to Article
9 of the Santa Monica Municipal Code to establish land use and zoning related provisions
as set forth in Exhibit 5, attached to this Ordinance and incorporated herein by reference.
SECTION 4. The repeal of existing Chapter 9.04 through Chapter 9.72, inclusive, of
Article 9 of the Santa Monica Municipal Code shall not in any manner affect the
prosecution for violations thereof, which violations were committed prior to the effective
date hereof, nor shall the repeal of said Chapter affect any prosecution or action which
may be pending or may hereinafter be filed in any court for the violation of any of the
provisions of said Section. As to any such violations of said Chapter and as to any such
prosecution or pending prosecution or action, said Chapter shall be deemed to continue
and be in full force and effect.
A
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 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.
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.
7
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 it would have passed this
Ordinance, and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the Ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 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.
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
M
newspaper within 15 days after its adoption. This Ordinance shall be effective 30 days from
its adoption.
APPROVED AS TO FORM:
ORDINANCE
10
L'�0law
[See Attachment A]
11
EXHIBIT 3
• •-� r • - • -• • ..
12
Draft Official Districting Map
[See Aftachment C]
13
• • If I • • r
RELATED PROVISIONS
14
Reference:
Attachment A is available at
the City Clerk's Office
Filed with Staff Report
05/12/2015, item 11A
Within legislative file 211 -004
Reference:
Attachment D is available at
the City Clerk's Office
Filed with Staff Report
05/12/2015, item 11A
Within legislative file 211 -004
Reference:
Resolution No. 10879
(CCS)