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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 1 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. 2 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 N 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 M 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. 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G c E E E o o v c w E a v e > v' Dv o. °o. ' < c w `v Y i aEi v N m a 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 EM 2� \ !� !A; � �m w� m : %� � � $, /� � { \/ 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)