SR-06-09-2015-7ACity Council Report
City of
Santa monied
City Council Meeting: June 9, 2015
Agenda Item: t A_
To: Mayor and City Council
From: David Martin, Director of Planning and Community Development
Subject: Introduction for First Reading of an Interim Ordinance Establishing
Development Procedures and Standards in the Downtown Core Land Use
Designation Pending Adoption of the City's Downtown Specific Plan.
Recommended Action
Staff recommends that the City Council introduce for first reading the attached initial
interim ordinance governing the Downtown Core, effective for 60 days, that:
1. Prohibits projects of 7,500 square feet or greater from obtaining permits or
approvals unless they comply with the interim ordinance;
2. Requires a development agreement for projects that exceed 32 feet in height;
3. Allows Administrative Approval applications to be approved if a proposed project
does not otherwise require a discretionary permit pursuant to the LUCE, Zoning
Ordinance, or this Interim Ordinance;
4. Establishes that 100% affordable housing projects of up to 50 units will be
processed ministerially if a minimum of twenty -five percent (25 %) of the units are
deed - restricted to households with income of 60% or less of Area Median Income
and the remainder are deed restricted for households with incomes of 80% or
less of Area Median Income;
5. Allows projects to apply for a Shared Parking Permit;
6. Modifies Floor Area Ratio calculations;
7. Protects public parking structures; and
8. Applies the initial interim ordinance to any application for a development project
pending as of the effective date of the interim ordinance unless the development
project has otherwise obtained a vested right to proceed.
Executive Summary
The Land Use and Circulation Element was adopted on July 6, 2010. The LUCE
identified overarching land use and development parameters for the Downtown Core
land use designation (p.2.1 -49) and required that, "prior to the completion of a new
Downtown Specific Plan, the existing Bayside District Specific Plan and applicable land
use designations will apply." Goals and policies were also included for the newly
identified Downtown District. The LUCE anticipated the Downtown Specific Plan (DSP)
would assign appropriate heights, FAR's, setbacks and step -backs and also respond to
a number of new planning issues that need to be addressed such as the lack of open
space, the need for affordable and workforce housing, the quality of pedestrian access
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from areas south of the Downtown Core, the constrained linkages from Downtown to
the Expo Light Rail station and the incorporation of the Expo Light Rail line station at 4th
Street and Colorado Avenue into the fabric of the Downtown.
The LUCE established a Community Benefits Tier Structure that requires discretionary
review for all projects requesting building height above the base (generally established
at 32 feet with some variation) that allows for full consideration of the LUCE goals and
policies. The LUCE did not establish a Tier structure for the Downtown Core but
anticipated a DSP would establish permitted uses and objective development standards
to evaluate development projects. In the intervening period, the LUCE applies the
height and FAR standards of the 1984 LUCE and Bayside District Specific Plan in the
Downtown Core, pending the completion of a new DSP.
Since the adoption of the LUCE, extensive community engagement for the DSP has
occurred including six community workshops and 16 public meetings with City boards
and commissions. The DSP Framework was subsequently released in September 2013
which compiled all of the work efforts completed during the first two years of the DSP
planning process and set forth the emerging themes including urban form, land use and
development standards, approaches to circulation and mobility, open space, historic
preservation, and economic diversity.
The Draft DSP was released for public review in February 2014 and proposed goals
and policies for various subject areas including a circulation framework that addresses
the integration of Expo Light rail into the Downtown system, freeway access, public
parking structure access, and congestion, establishing the foundation for future land use
and transportation decisions. The Draft DSP also included proposed development
standards such as height, FAR, maximum floor plate ratios, building setbacks from
sidewalks, and vehicle and bicycle parking standards.
Currently, there are 13 pending development agreement projects and one
Administrative Approval project located within the LUCE Downtown Core designation.
While the Draft DSP has not yet had any public hearings, the contents of the draft plan
are a compilation of a two -year public engagement process that included input from the
community, City boards and commissions, the Planning Commission, and Council.
Until such time that objective standards are in place to evaluate projects, this initial
interim ordinance is essential to ensure that projects are not approved in the Downtown
Core that could potentially undermine the core concepts presented in the Draft DSP.
Therefore, an initial interim ordinance is proposed, for 60 days, that will facilitate the
subsequent incorporation of goals for the Downtown including urban design, community
benefits, and trip reduction.
Projects less than 7500 square feet would not be covered by this interim ordinance.
Those projects would be governed by the existing Zoning Ordinance. Additionally, the
interim ordinance allows for Administrative Approvals for projects that do not require
discretionary review or approval as established in the existing Zoning Ordinance, the
LUCE, or this interim ordinance. This process ensures that routine minor actions such
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as business licenses, tenant improvements, and minor additions to existing buildings
can proceed pending completion of the DSP.
The initial interim ordinance would apply to any application for a development project
pending as of the effective date of this interim ordinance unless the development project
has otherwise obtained a vested right to proceed. This initial interim ordinance may be
extended and modified as the DSP process continues.
Background
Interim Zoning Ordinance
Following the adoption of the LUCE in July 2010, Interim Zoning Ordinance (IZO)
Number 2345 (CCS) was first presented on January 25, 2011 to establish interim
zoning provisions and standards pending a comprehensive update of the City's Zoning
Ordinance and was adopted on February 8, 2011. The IZO has been extended and
modified several times. The Council adopted the final extension to the IZO on July 22,
2014. The Zoning Ordinance Update had its first reading on May 12, 2015 with second
reading anticipated for June 23, 2015. One of the central objectives of the Zoning
Ordinance Update is to ensure that the update is consistent with and implements the
policies and objectives of the LUCE, including establishing a regulatory mechanism to
review Tier 2 projects and achieve community benefits. The IZO expires on July 24,
2015, which is the anticipated effective date of the Zoning Ordinance Update.
The DSP planning process has been ongoing since the adoption of the LUCE, which
anticipated that the DSP would assign appropriate development standards and address
emerging issues such as the lack of open space and linkages to the Expo Light Rail
station. On July 9, 2013 Council held a meeting to direct staff on the maximum
development standards to be studied for each District subarea as part of the DSP's
CEQA required Environmental Impact Report.
Released September 2013, the DSP Framework compiles all the work efforts completed
during the first two years of the DSP planning process including information from early
discussions with the community, Planning Commission, and Council. The Framework
included preliminary thoughts for appropriate urban form, land use & development
standards, approaches for addressing circulation and mobility, strategies for ensuring
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ample open space, preservation of historic and cultural resources and an overview of
maintaining economic diversity in the Downtown.
On October 3, 2013 the City along with environmental consulting group, AMEC Foster
Wheeler, hosted a community meeting to solicit public input on the scope and content of
the EIR.
Released February, 2014 the Draft DSP document builds on the DSP Framework and
includes specific goals, policies, and actions for the following subjects:
• Housing & Economic Diversity
• Arts, Culture & Entertainment
• Historic Preservation
• Open Space
• Infrastructure
• Circulation and Mobility
• Development Standards
• Design Guidelines
• Community Benefits
• Implementation
The plan has been widely circulated and is available online at
http: / /wvvw.downtownsmplan.org/ and also at the Planning counter at City Hall.
Twelve development agreements and one Administrative Approval application have
been filed for projects in the Downtown Core. Of those projects, eight are housing
projects (one being 100% affordable), four are hotels, one is a movie theater (Arclight),
and one is a mixed -use project that includes several uses including a hotel (4th /5th &
Arizona on City property). Development review procedures and standards for Tier 2
projects have been adopted as part of the Zoning Ordinance Update. It is anticipated
that the DSP will establish a similar tier structure in the Downtown Core and that a
discretionary permit other than a development agreement will be available to authorize
certain projects, subject to the requirements of applicable zoning districts, identified
permitted uses, and objective development standards. It is in this context that this initial
interim ordinance is being proposed to establish development procedures that will
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ensure that the core concepts of the DSP are applied in the development review
process while the DSP process continues.
Discussion
Proposed Downtown Community Benefits Tier structure
The Draft DSP proposes a tier structure similar to that established in the LUCE. The
'Tier 1 base height is generally established at 32 feet with some variation for projects
that provide on -site affordable housing. Projects that seek additional height over 32 feet
require discretionary review or a development agreement, are required to provide
community benefits, and achieve increased trip reduction goals. Discretionary review
allows for greater control over a project's mix of uses, form and scale, density, height,
and TDM measures.
Desired outcomes of the DSP include a comprehensive circulation and parking strategy
for the Downtown that integrates the Expo Light Rail station, increasing open space,
increasing housing opportunities particularly affordable and workforce housing,
improving pedestrian linkages, and establishing updated development standards that
provide greater flexibility for achieving desired urban form.
Existinq Development Procedures
Development Review Procedures
While the Downtown Specific Plan would employ a coordinated approach to guide new
development, much of the existing zoning standards were enacted prior to the adoption
of the LUCE and the subsequent commencement of the DSP. Therefore, in order to
preserve the opportunity for the DSP to establish an appropriate standards to assess
development projects; requiring development agreements for all projects over 32 feet in
height in the interim is essential to ensure that new development unfolds in a manner
that is consistent with core concepts of the Draft DSP.
Administrative Approval Procedures in Downtown
Historically, the vast majority of Administrative Approval projects have occurred in the
Downtown area. Existing development procedures for Administrative Approval permits
require that projects meet specific development standards. As described in SMMC
9.04.20.28.010 the purpose of the Administrative Approval is for, "...an administrative
review and assessment of the proposed development project in light of explicit
standards contained in the Chapter [Zoning Ordinance]." In the absence of an interim
ordinance, projects that would qualify for processing as Administrative Approval permits
could be up to 60,000 square feet in the Downtown due to the allowance to discount
residential floor area by 50% for the purposes of calculating floor area ratio. In addition,
a higher Development Review threshold of 30,000 square feet applies if projects
construct the minimum number of required affordable housing units on -site or off -site
rather than paying the affordable housing fee. Therefore, coupling Downtown's higher
Development Review threshold with the ability to discount residential floor area by 50 %
for the purposes of determining whether a Development Review permit is required has
resulted in large, mixed -use projects that are processed without a public hearing, no
ability to require community benefits, and as ministerial permits that do not require any
environmental review. This results in an inability for the City to analyze and mitigate the
impacts associated with new development.
Pendinq Development Applications
At present, there are 13 development agreements and one Administrative Approval
pending review in the Downtown Core. There are five hotel projects, one movie theater,
and eight housing projects. In some instances, the proposed development standards in
the Draft DSP differ quite significantly from the existing Zoning Ordinance. This
disconnect is problematic because it is possible that six of the development agreements
for housing projects could convert to Administrative Approvals. The premise upon which
the Administrative Approval process is based is no longer consistent with the proposed
goals and policies of the Draft DSP, particularly with respect to: congestion
management, addressing the lack of open space, and enhancing the public realm
through quality urban form. The six housing projects that are development agreements
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could potentially convert to Administrative Approvals meaning that a significant amount
of growth could be approved and constructed inconsistent with the yet to be adopted
DSP.
Projects more than DR threshold and
less than 32 feet in height
Projects less than DR threshold and
less than 32 feet in height
100% affordable housing projects of
up to 50 units if 25% of units for
incomes of up to 60 %AMI and
remainderfor incomes of up to 80%
of AM I
Projects over 32 feet In Height
The interim ordinance would require a development agreement for development
projects in the Downtown higher than 32 feet. The DSP is currently underway and
contemplates a circulation framework that would address the integration of Expo light
rail into the Downtown system, freeway access, direct parking structure access, and
congestion; establishing the foundation for future land use and transportation decisions.
The DSP would also address potential expansion of the shared parking district and
urban form standards to address transitions from the expanded Downtown boundaries
to adjacent residential neighborhoods. If multiple projects of up to 60,000 square feet
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were allowed to proceed piecemeal with no public or environmental review, the
opportunity to ensure that these projects are consistent with core concepts presented in
the Draft DSP would be lost.
The 32 feet building height threshold would be equivalent to the Tier 2 threshold
identified in the LUCE. On an interim basis, the City must preserve the ability to ensure
that future development does not undermine the preparation of the DSP. The change in
development procedures still allows for routine approval of small projects and additions
consistent with the existing Zoning Ordinance and for mixed -use projects to be
proposed and approved. It would preserve the City's ability to make certain that the
DSP is not undercut by the ministerial approval of large development projects consistent
only with the existing Zoning Ordinance, which does not yet reflect the goals, policies,
and actions of the LUCE Downtown District and the core concepts of the Draft DSP.
Administrative Approvals
The interim ordinance would continue the practice that Administrative Approval permits
may be granted if the project square footage is less than the development review permit
threshold established for each zoning district. The interim ordinance also would propose
that Administrative Approvals may be granted if the project complies with objective
zoning and LUCE standards and, to the extent these standards are inconsistent, the
more restrictive of the Zoning Ordinance or LUCE standard would apply. This provision
would allow objective LUCE standards, such as building height and FAR, to apply in
instances where the Zoning Ordinance may differ and no longer be the appropriate
standard to which an Administrative Approval project must conform. The existing
zoning standards will ensure that routine minor actions such as business licenses,
tenant improvements, and minor additions to existing buildings can proceed while the
preparation of the DSP continues.
100% Affordable Housing
Consistent with provisions that were adopted with the LUCE, 100% affordable housing
projects of up to 50 units would be processed ministerially if a minimum of twenty -five
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percent (25 %) of the housing units are deed - restricted for households with incomes of
60% or less of AMI with the remainder deed restricted for households with incomes of
80% of less of AMI. This would ensure that the City's desire to reduce barriers for the
creation of affordable housing would remain intact.
Shared Parking Permit
An important LUCE goal is the efficient management of parking resources. The interim
ordinance establishes an administrative process for property owners and tenants to
request shared parking in the Downtown Core. This would allow the process to be
tested in an area of the City where a significant amount of parking sharing already
happens while also creating a more streamlined process for new businesses to request
alternative parking arrangements. Several empirical studies completed for recent
development projects have indicated that much of the privately constructed parking in
the Downtown is underutilized and is therefore made available to off -site users through
monthly parking passes or other private arrangements. Further, the City's 2006
Downtown Parking Program and the 2009 Walker Parking Study supported the LUCE
policies for shared parking facilities that facilitate the "Park Once" philosophy as an
important economic strategy and community benefit.
The proposed process acknowledges the free market arrangements that in some cases
already exist between property owners, would replace the more onerous variance
process that is currently required for shared parking requests, and would only apply to
existing parking facilities. The process is structured similar to existing administrative
permits which are issued by the Planning Director, or designee, with an appropriate
appeal process and revocation procedure, if necessary. Projects that require
development agreements will still have parking requirements negotiated through the
development agreement process.
Floor Area Ratio Calculations in Downtown Core
Floor area ratio (FAR) is the maximum allowable floor area of a building relative to the
size of the lot upon which it is situated. FAR typically is established as a development
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standard in order to control the size and bulk of buildings above the ground. As a result,
the interim ordinance discounts below -grade floor area for the purposes of determining
a project's floor area ratio (FAR). The interim ordinance also discounts outdoor dining
floor area, subject to certain conditions, because the opportunity for ground -floor
outdoor dining on private property within a building footprint can be viewed as a
desirable way to activate a space and take advantage of Santa Monica's favorable
climate, and to create naturally lit and ventilated areas for human activities. Below -
grade floor area and outdoor dining areas would still be counted for all other purposes
including determining parking requirements and trip generation.
Alternatives
Other alternatives the Council may consider include:
1. Modify the threshold at which a development agreement is required.
2. Adjust the applicability of the interim ordinance.
Implementing any of the alternative actions has the potential to increase or decrease
the number of projects that must be consistent with the LUCE.
Environmental Analvsis
The proposed interim ordinance is exempt from the provisions of the California
Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State
Implementation Guidelines in that CEQA applies only to projects having the potential to
cause a significant effect on the environment. The proposed action to require that
Administrative Approvals permits comply with the more restrictive of objective zoning or
LUCE standards and uses and to require a development agreement application for
projects over 32 feet in the Downtown Core does not have this potential. Rather, the
proposed amendment will expand the number of projects subject to public review and
evaluated pursuant to CEQA. Additional findings supporting this exemption are included
in the attached ordinance.
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Public Outreach
The proposed interim ordinance preserves the ability for the City to continue with the
preparation of the DSP and the associated community engagement process that will
include consultation with residents, business owners, property owners, and other
interested stakeholders.
Financial Impacts & Budget Actions
The recommendation in this report does not have any significant budget or fiscal
impacts. As the ordinance would require the processing of more development
agreements in the future, the Planning and Community Development Department
expects some minor revenue increases generated from fees, although these fees are
deposits to compensate for staff time on DAs.
Prepared by: Jing Yeo, Acting Principal Planner
Approved: Forwarded to Council:
David Martin
Director, Planning and Community
Development
Attachments:
A. Interim Ordinance
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L
Elaine Polac ek
Acting City Manager
City Council Meeting: 06 -09 -15 Santa Monica, California
ORDINANCE NUMBER (CCS)
(City Council Series)
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ESTABLISHING INTERIM DEVELOPMENT PROCEDURES AND
STANDARDS PENDING ADOPTION OF THE DOWNTOWN SPECIFIC PLAN
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Findings and Purpose. The Council finds and declares:
(a) The City adopted a new Land Use and Circulation Element of the General
Plan of the City of Santa Monica ( "LUCE ") on July 6, 2010. The adoption of the LUCE
was the culmination of a multi -year planning process commencing in 2004.
(b) The LUCE is designed to maintain the City's character, protect the City's
neighborhoods, manage its transportation systems, and encourage additional housing
in a sustainable manner that ensures a high quality of life for the City's residents.
Based on these objectives, the LUCE focuses on community character and
neighborhood conservation, future trip reduction, integrated land use and transportation,
local land uses and housing, jobs tied to housing and transit, promotion of social and
fiscal health and diversity, sustainability, community benefits, open space, and
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implementation, phasing and monitoring. In so doing, the LUCE substantially revises
the City's previous land use policies, goals, and standards.
(c) Consequently, immediately after the LUCE was adopted, the City
commenced a comprehensive review of the City's planning and zoning regulations in
order to ensure that such regulations are consistent with the General Plan as amended
and consistent with the public health, safety, and welfare.
(d) After a thorough review process that included public outreach and meetings
with the community, frequent users of the current code, and various City boards and
commissions, the initial public review draft of the Zoning Ordinance Update was
released in November 2013 thereby initiating the public review process. Thereafter,
commencing in December 2013 and concluding in March 2015, the Planning
Commission engaged in 33 public hearings encompassing almost 150 hours of public
testimony, culminating in the Planning Commission's recommendation to the City
Council that it adopt the Zoning Ordinance Update.
(e) On April 14 and 15, 2015, Council conducted an in depth study session to
discuss the Zoning Ordinance Update and related land use matters.
(f) On May 5 and 12, 2015, the City Council reviewed for first reading an
ordinance to implement the Zoning Ordinance Update, among other actions, resulting in
the introduction of this ordinance for first reading. It is anticipated that the Council will
adopt this ordinance on June 23, 2015.
(g) Since the LUCE substantially revised the City's land use policies, goals, and
standards, certain critical areas of conflict between the LUCE and the existing Zoning
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Ordinance were identified which necessitated the adoption of an interim zoning
ordinance, and numerous extensions of this ordinance, to ensure pending completion of
the comprehensive update to the Zoning Ordinance Update, development would be
consistent with the goals and policies of the LUCE.
(h) More specifically, in light of the above - detailed concerns, on February 8,
2011, the City Council adopted Interim Ordinance Number 2345 (CCS) establishing
interim development procedures and standards pending implementation of the LUCE
through a revised Zoning Ordinance. This ordinance was extended and modified
several times. The latest extension, Ordinance Number 2466 (CCS) will expire on July
24, 2015, at essentially the same time that the Zoning Ordinance Update is anticipated
to become effective.
(i) The LUCE establishes 17 distinct land use designations. One of these land
use designations is the Downtown Core. The purpose of this designation is to maintain
and enhance the downtown area as the heart of the City and as a thriving, mixed use
urban environment. Unlike the other land use designations, the LUCE does not
establish new height and FAR development parameters, but instead provides that the
height and FAR along with other development standards shall be determined through a
specific plan process.
0) More specifically, Goal D14 provides that the City should "prepare a
Downtown Specific plan that replaces the existing Bayside District Specific Plan and
incorporates the relevant goals and policies of the LUCE, addresses ongoing issues in
the Downtown and encompasses the expanded boundaries of the Downtown District
from Ocean Avenue to Lincoln Boulevard and from Wilshire Boulevard to 1 -10."
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(k) Policy D14.1 provides that the City should "Implement a new Downtown
Specific Plan to determine the appropriate range of building heights in the district and
address the need for open space, affordable and workforce housing, pedestrian access
from areas sought of the Downtown core, the linkages from Downtown to the Beach and
the incorporation of the Downtown Light Rail Station into the fabric of the Downtown.
(1) Due to these LUCE goals and polices, the Zoning Ordinance Update does not
establish development standards for the Downtown Core. Instead it provides,
consistent with the LUCE, that until such time that the Specific Plan is adopted for these
Downtown Districts, the existing Bayside District Specific Plan and applicable land use
designations established in the 1984 Land Use and Circulation Element, as amended,
continue to apply to the Downtown Core as does the existing Zoning Ordinance.
(m) Preparation of the Downtown Specific Plan ( "DSP ") has been ongoing since
the adoption of the LUCE. As part of the DSP planning efforts, there have been six
community workshops and sixteen public meetings with the City Council, boards,
commissions, and taskforces.
(n) In September 2013, the. DSP Framework was released, compiling all the
work efforts that had been completed to date including information from the meetings
that had been conducted and preliminary consideration of the appropriate urban form,
land use and development standards, approaches for addressing circulation and
mobility, strategies for ensuring ample open space, preservation of historic and cultural
resources, and an overview of maintaining economic diversity in the Downtown.
(o) In February 2014, the Draft DSP was released setting forth specific goals,
policies and actions on housing and economic diversity; arts, culture and entertainment,
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historic preservation, open space, infrastructure, circulation and mobility, development
standards, design guidelines, community benefits, and implementation.
(p) Despite these extensive work efforts on the DSP, significant work on the
DSP remains and it is not anticipated that it will be formally reviewed by the Planning
Commission and considered for adoption by the City Council until the summer of 2016.
(q) Certain critical areas of conflict exist between the LUCE and the existing
Zoning Ordinance as applied to the Downtown Core.
(r) More specifically, the LUCE establishes a base height for each land use as a
baseline. Proposed development which seeks additional height above the base is
subject to discretionary review and must meet additional requirements consistent with
the community's broader social, environmental, and circulation goals. This approach is
defined in three tiers.
(s) Although the LUCE does not mandate this three tier structure for the
Downtown Core, the draft DSP contemplates this same approach being established.
(t) The existing Zoning Ordinance does not currently incorporate this tier
structure or establish a mechanism to prioritize and necessitate that projects participate
in the community benefit tier structure, which is the basis by which much of the LUCE
vision, goals, and policies will be achieved.
(u) More specifically, Zoning Ordinance Part 9.04.20.28 establishes the
applicability and procedures for issuance of administrative approvals which provide for
the ministerial administrative review and assessment of proposed developments subject
to explicit standards contained in the Zoning Ordinance.
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(v) The administrative approval process is premised on the assumption that the
explicit standards in the Zoning Ordinance have been adopted to ensure that a
completed project is in harmony with existing or potential development in the area and
is consistent with the goals, objectives, and policies of the General Plan.
(w) . However, this premise underlying the administrative approval process is no
longer applicable in the Downtown Core given the significant ways in which the LUCE
differs from the prior Land Use and Circulation elements including, but not limited to, the
direct linkage between land use and transportation policies and programs and the
establishment of new development policies and standards which ensure that quality
development contributes to the character of the City.
(x) In the absence of an interim ordinance, projects that would qualify for
processing as Administrative Approval permits could be up to 60,000 square feet in the
Downtown due to the requirement to discount residential floor area by 50% for the
purposes of calculating floor area ratio. In addition, a higher Development Review
threshold of 30,000 square feet applies if projects construct the minimum number of
required affordable housing units on -site or off -site rather than paying the affordable
housing fee. Therefore, coupling the Downtown Core's higher Development Review
threshold with the requirement to discount residential floor area by 50% for the
purposes of determining whether a Development Review permit is required could result
in large, mixed -use projects that are processed with no public engagement process, no
ability to require community benefits, and as ministerial permits, do not require any
environmental review. This would result in an inability for the City to analyze and
mitigate the impacts associated with new development.
(y) Administrative Approvals of projects in the downtown prior to the adoption of
the DSP would undermine the community vision set forth in the Downtown District goals
and policies, as well as the Downtown Specific Plan process underway and would
detrimentally affect the City's ability to implement LUCE goals and policies, particularly
with respect to: providing open spaces, trip reduction, coordinating with adjacent sites,
congestion management, and achieving community goals through community benefits
and quality urban design.
(z) Pending completion of the DSP, it is essential that development be
consistent with the General Plan so that the goals and values of the community, as
reflected in the LUCE, are not significantly undercut. Adjusting the development
standards as provided in this Ordinance will ensure that the quality of life, the
environment, the ability to move around the City, and the efficacy of the ongoing
planning process are preserved.
(aa) Adoption of this ordinance would not prohibit any development, but would
instead provide an alternate process by which development is reviewed and approved
so as to ensure consistency with and appropriate implementation of the LUCE.
(bb) Adoption of this ordinance would also not materially alter the City's
substantial incentives for residential or mixed use development in non - residential zoning
districts. These incentives would be preserved in local law and policy.
(cc) As detailed above and in the LUCE, the City's downtown is a thriving,
mixed -use urban environment for people to live, work, be entertained, and be culturally
enriched.
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(dd) This area has the greatest concentration of activity in the City, anchored by
the core commercial district, including the Third Street Promenade and Santa Monica
Place.
(ee) The City's publically owned parking structures in the BSC -2 and C3 -C zone
districts are essential to a vibrant, economically viable downtown area, providing
parking for the offices, restaurants, theaters, and residences.
(ff) The vast majority of the City's residents regularly visits downtown and uses
its parking resources.
(gg) The importance of the City's publically -owned parking infrastructure in the
City's downtown is reflected in the numerous studies and reports over the past dozen
years, including but not limited to the 2000 Downtown Parking Management Program,
the 2002 Downtown Parking Task Force strategic plan, the 2006 Downtown Parking
Program, and the 2009 Walker Parking Study.
(hh) These centrally located parking structures enable their users to park once
and then walk to multiple destinations.
(ii) This "Park Once" philosophy contributes to the Downtown's pedestrian
character and is a major underpinning of its success.
(jj) These parking structures are also operated in a manner to meet the City's
LUCE, transportation and economic goals.
(kk) The LUCE calls for a parking management approach which utilizes a shared
pool of parking resources creating a true shared parking district.
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(II) Given these fundamental goals, it is essential that these parking structures
be protected as precious resources to ensure that adequate parking is available and
that easy access is provided to the core of the Downtown thereby promoting its vitality.
(mm) To ensure replacement parking essential for the economic viability of the
City's downtown, there is a need for a development standard that requires an owner to
first obtain a final permit for a project providing replacement public parking within the
same district before an owner may remove, redevelop or convert a parking structure in
a manner that results in the removal of public parking spaces.
(nn) Encouraging ground floor outdoor dining is an important goal expressed in
the LUCE. Excluding such dining from the calculation of floor area ratio can help
incentivize this use and create opportunities for adaptive reuse in existing structures
that would not presently be possible. Such ground floor outdoor dining does not
contribute to a building's mass and density, and therefore its exclusion from FAR is
appropriate. However, ground floor outdoor dining would still be considered floor area
so that its potential impacts on such areas as parking and traffic would still be
calculated.
(oo) Pending completion of the DSP, it is necessary on an interim basis to
modify the Zoning Ordinance as set forth in Section 2 and Section 3 of this Ordinance.
(pp) As detailed above and in June 9, 2015 City Council staff report, there exists
a current and immediate threat to the public health, safety, and welfare should the
interim zoning ordinance and necessary amendments not be adopted and development
of projects inconsistent with the LUCE be allowed to proceed through the issuance of
Administrative Approvals or Development Review Permits which are not consistent with
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the explicit standards of the LUCE or with the tier structure and the provision of
community benefits.
SECTION 2. Interim Zoning Regulations
Notwithstanding any provision of the City's Zoning Ordinance to the contrary, the
issuance or extension of permits for either a new development project or for the
expansion of an existing development project in the Downtown Core that exceeds 7500
square feet ( "development project ") that does not comply with the interim zoning
standards set forth in Section 3 of this Ordinance is hereby prohibited and no zoning
permits or approvals, subdivision maps, building permits, or other land use permit shall
be approved, issued, or extended for a development project in contravention of Section
3 during the pendency of this Ordinance or any extension thereof.
SECTION 3. Interim Zoning.
(a) Administrative Approvals. No development project in the Downtown Core
shall be approved pursuant to Santa Monica Municipal Code Section 9.04.20.28.020
[Administrative Approvals] unless all of the following findings are made:
(1) The proposed development does not require discretionary review or approval
as established in the Zoning Ordinance, the LUCE, or this Interim Ordinance.
(2) The proposed development conforms precisely to the development
standards contained in both the Zoning Ordinance and in the LUCE for the zoning
district and land use designation in which the development is located.
(3) In the case of any inconsistency between the Zoning Ordinance and the
LUCE pertaining to any objective development standard or permitted use, the proposed
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development conforms to the more restrictive development standard and is a permitted
use authorized by the LUCE.
(b) Development Agreement. Notwithstanding the development standards
specified in the Zoning Ordinance, except for City projects, no development project in
the Downtown Core shall exceed 32 feet in height unless developed pursuant to a
development agreement adopted pursuant to Santa Monica Municipal Code Chapter
9.48.
(c) 100% Affordable Housing Proiects. Notwithstanding subsection (b) of this
Section, affordable housing projects with 50 units or less will continue to be processed
ministerially if a minimum of twenty -five percent (25 %) of the housing units are deed -
restricted or restricted by an agreement approved by the City for occupancy by
households with income of sixty percent (60 %) of Area Median Income or less and the
remainder of the housing units are deed - restricted or restricted by an agreement
approved by the City for occupancy by households with incomes of eighty percent
(80 %) of median income or less. Such affordable housing projects may also include
non - residential uses, as long as such uses do not exceed a maximum percentage of
33% of the total floor area.
Notwithstanding Section 4, affordable housing projects with 50 units or less
which are being developed pursuant to a settlement agreement with the City or which
received their Administrative Approval prior to January 8, 2013 shall continue to be
processed in accordance with Ordinance Number 2407 (CCS).
(d) Shared Parking. The following administrative process is hereby established
authorizing property owners and tenants to request shared parking in the Downtown
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Core, except for projects that are processed through a development agreement. A
shared parking permit is intended to permit the owners of parking facilities to rent or
lease underutilized parking that is available in their facility to nearby residents, workers
or businesses while reserving sufficient parking supply needed for on -site uses.
(1) Permit Required.
A shared parking permit, approved by the Planning Director, or his /her designee,
shall be required and shall be issued prior to the commencement of a shared parking
use of any private parking facility that is otherwise limited to on -site users. The
Planning Director, or his /her designee, may establish additional conditions to further the
intent of this subsection (e) and ensure that parking spaces needed for the primary on-
site uses will be available during the hours needed for their use. A public hearing shall
not be required for issuance of a shared parking permit.
(2) Application.
Application for a shared parking permit shall be filed in a manner consistent with
the requirements contained in Municipal Code Part 9.04.20.20.
(3) Findings.
The Planning Director, or his /her designee, or Planning Commission on appeal,
may approve a shared parking permit application, in whole or in part, with or without
conditions, only when all of the following findings are made in an affirmative manner:
(i) The operation of the requested shared parking permit at the location
proposed and within the time period specified will not adversely impact the primary use
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of the parking facility for its intended on -site users, or otherwise endanger the public
health, safety, or general welfare.
(ii) The shared parking permit sets forth the maximum number of shared
parking spaces that are being approved for use by off -site users that will be available
during peak and off -peak parking demand periods so as to ensure that a sufficient
number of spaces will be provided to meet the greater parking demand of the
anticipated users.
(iii) Additional requirements, restrictions or agreements, as deemed necessary
by the Planning Director, or his /her designee, are included as a requirement(s) of the
shared parking permit to ensure that parking spaces needed for the primary on -site
uses will be available during the hours needed for their use.
The Planning Director, or his /her designee shall prepare a written decision
which shall contain the findings of fact upon which such decision is based and all
required conditions, if approved. The decision shall be mailed to the applicant and to
property owners and residents of parcels adjacent to the parcel for which the Shared
Parking Permit is requested. Copies of the decision shall also be provided to the
Planning Commission.
(4) Term of Permit.
A shared parking permit shall be valid for a one -year period from the date of
issuance unless a different period is set by the Planning Director, or his /her designee, or
the Planning Commission on appeal, as a condition of granting the shared parking
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permit. The permit shall renew automatically for additional one -year periods unless the
permit is modified or revoked in accordance with subsection (6) of this Section.
(5) Monitoring.
The permit holder shall grant City staff access to the parking facility for the
purpose of verifying parking availability prior to issuing the permit as well as to allow
random monitoring after the permit is issued.
(6) Modification or Revocation.
The City may modify or revoke an approved shared parking permit in accordance
with the following procedures:
(i) If the Planning Director designee receives evidence that the conditions of
the permit have not been met, or the permit granted is being or has recently been
exercised contrary to the terms of the approval or in violation of a specific statute,
ordinance, law, or regulation, the Planning Director designee shall serve notice of these
violations, either in person or by registered mail, on the owner of the property and on
the permit holder and shall provide the permit holder with a reasonable opportunity to
cure the violation(s).
(ii) If the permit holder or property owner has not responded to the notice
within 10 days or the Planning. Director designee determines that the permit holder has
failed to cure the violation, the Planning Director designee may refer the matter to the
Zoning Administrator for a revocation hearing. Notice of hearing shall be published
once in a newspaper of general circulation within the City and shall be served either in
person or by registered mail on the owner of the property and on the permit holder at
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least ten days prior to such hearing. The notice of hearing shall contain a statement of
the specific reasons for revocation.
(iii) After the hearing, a shared parking permit may be revoked by the Zoning
Administrator or by the Planning Commission on appeal or review if any one of the
following findings is made:
fraud
(A) That the Shared Parking Permit was obtained by misrepresentation or
(B) That the conditions of the permit have not been met, or the permit granted
is being or has recently been exercised contrary to the terms of the approval or in
violation of a specific statute, ordinance, law, or regulation.
A written determination of modification or revocation of the shared parking permit shall
be mailed to the property owner and the permit holder within ten days of such
determination.
(7) Appeals.
Any person may appeal the approval, conditions of approval, denial, modification
or revocation of a shared parking permit to the Planning Commission if filed within
fourteen consecutive calendar days of the date the decision is made in the manner
provided in Municipal Code Part 9.04.20.24, Sections 9.04.20.24.020 through
9.04.20.24.040.
(e) Floor Area Ratio Calculations in the Downtown Core. In the Downtown Core,
the following shall not be included when calculating a project's floor area ratio (FAR):
below -grade floor area and ground floor outdoor dining in buildings on private property
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provided the dining area has no more than a 42 inch high barrier surrounding the dining
area and is visible from the public right of way. However, such below -grade floor area
and ground floor outdoor dining shall be counted as floor area for all other purposes.
(f) Publically Owned Parking Structures. No removal, redevelopment or
conversion of a parking structure in BSC -2 and C3 -C zone districts, publically owned as
of February 14, 2012, which results in the loss of parking spaces above the ground floor
shall be permitted unless the final permit to commence construction for a project
providing the one -to -one replacement of this parking has been issued in the same
zoning district and this replacement parking will be offered to the public at rates
comparable to the most recent rates offered to the public for the removed parking
spaces.
SECTION 4. Applicability.
This Ordinance shall apply to any application for a development project pending
as of the effective date of this ordinance unless the development project has otherwise
obtained a vested right to proceed.
SECTION 5. Existing Zoning Ordinance.
Notwithstanding Section 1 of Ordinance Number (CCS) [Zoning Ordinance
Update], the City's existing Zoning Ordinance, Chapter 9.04 of Article 9 of the Santa
Monica Municipal Code, shall continue to be applied to development in the Downtown
Core except to the extent that such provisions are inconsistent with this Ordinance.
SECTION 6. Any provision of the Santa Monica Municipal Code or
appendices thereto inconsistent with the provisions of this Ordinance, to the extent of
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such inconsistencies and no further, is hereby repealed or modified to that extent
necessary to effect the provisions of this Ordinance.
SECTION 7. If any section, subsection, sentence, clause, or phrase of
this Ordinance is for any reason held to be invalid or unconstitutional by a decision of
any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 8. This Ordinance shall be of no further force or effect sixty
days after of its effective date unless prior to that date, after a public hearing, noticed
pursuant to Santa Monica Municipal Code Section 9.04.20.22.050, or any successor
thereto, the City Council, by majority vote extends this interim ordinance.
SECTION 9. 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
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in the official newspaper within 15 days after its adoption. This Ordinance shall become
effective 30 days after its adoption.
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