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SR 12-05-2017 7A City Council Report City Council Meeting: December 5, 2017 Agenda Item: 7.A 1 of 5 To: Mayor and City Council From: David Martin, Director, City Planning Subject: Introduction and First Reading of an Ordinance to Amend the Zoning Ordinance Making Changes, Corrections, and Clarifications to the Zoning Ordinance Related to Policy Issues That Have Arisen Since the Adoption of the Zoning Ordinance Through Its Implementation Recommended Action Staff recommends that the City Council introduce for first reading an ordinance amending the City’s Zoning Ordinance making changes, corrections, and clarifications to Sections 9.26 Landscaping, 9.28 Parking, Loading and Circulation, 9.31 Standards for Specific Uses and Activities, 9.39 Administrative Approval, 9.48 Enforcement Procedures, and 9.51 Use Classifications, related to policy issues that have arisen since the adoption of the Zoning Ordinance through its implementation. Executive Summary The City’s Zoning Ordinance sets standards to regulate uses and development of property throughout our community. Since the adoption of a new Zoning Ordinance in July 2015 and through its implementation, City Planning staff has identified a number of policy issues that require changes, corrections, or clarifications. The City Council already approved a number of minor clerical changes, corrections, and clarifications earlier in 2017. The proposed changes identified in this report are intended to provide clarification of standards, provide consistency between regulations, and eliminate any potential confusion in the application of standards without significantly altering the standards and regulations within the Zoning Ordinance. This report recommends that the City Council amend the City’s Zoning Ordinance making these changes, corrections, and clarifications to the Zoning Ordinance related to policy issues that have arisen since the adoption of the Zoning Ordinance through its implementation. Background 2 of 5 On June 23, 2015, the City Council adopted a new Zoning Ordinance that became effective on July 24, 2015. Since the adoption of the Zoning Ordinance and through its implementation to date, staff has identified unintentional errors, inconsistencies, or omissions that required minor clerical changes, corrections, or clarifications as well as policy issues that require further discussion and analysis. On May 24, 2016, June 28, 2016 and February 14, 2017, following Planning Commission review and recommendations, the City Council adopted Ordinances making the minor clerical changes, corrections, and clarifications. On August 2, 2017, the Planning Commission preliminarily discussed the Zoning Ordinance policy issues that have arisen since adoption of the Zoning Ordinance in July 2015 through its implementation in advance of formal consideration of these policy issues and in advance of making a formal recommendation to the City Council. On October 18, 2017, after review and discussion of the proposed amendments, the Planning Commission adopted a Resolution recommending to the City Council that the Council make these proposed changes, corrections, and clarifications to the Zoning Ordinance. The Planning Commission recommended two changes to the proposed amendments including further research to be brought back on unintended consequences of holding property owners responsible for tenant violations of the municipal code and to recommend that there be no limit on sidewalk sales produced by Business Improvement Districts or Areas. Staff is conducting further research into the first item which will be brought back for the Planning Commission’s consideration in the next set of amendments to the zoning ordinance, and has made the proposed change to allow unlimited sidewalk sales for Business Improvement Districts or Areas which is currently before the Council. Discussion The proposed changes, corrections, and clarifications are intended to provide clarification of standards, provide consistency between regulations, and eliminate any potential confusion in the application of standards. The changes do not significantly alter 3 of 5 the standards and regulations within the Zoning Ordinance. The specific changes, corrections, and clarifications are detailed in the attached Proposed Redline Modifications (Attachment A) along with brief explanations for each change, correction, and clarification (Attachment B). For each of the topics, this report summarizes in Attachment B the policy topic, purpose of each standard, how the issue was brought to staff’s attention, and what the clarifying language will do. The attached ordinance (Attachment C) recommends that the Council amend the Zoning Ordinance making changes, corrections, and clarifications to the Zoning Ordinance related to policy issues that have arisen since the adoption of the Zoning Ordinance through its implementation. Over the next several months, the Planning Commission will continue to discuss policy issues that have arisen since the adoption of the Zoning Ordinance along with potential new policy directions with the anticipation that the Commission will consider potential code changes that may affect previous policy decisions prior to Council consideration. Environmental Analysis The proposed changes, corrections, and clarifications to the Zoning Ordinance related to policy issues that have arisen since the adoption of the Zoning Ordinance through its implementation are categorically exempt from the provisions of California Environmental Quality Act (CEQA) pursuant to 15061(b)(3) of the State Implementation Guidelines (common sense exemption). Based on the evidence in the record, it can be seen with certainty that there is no possibility that the proposed changes may have a significant effect on the environment. The recommended modifications represent changes, corrections, and clarifications to the Zoning Ordinance related to policy issues that have arisen since the adoption of the Zoning Ordinance through its implementation and that do not substantively affect policy decisions made with the City Council’s adoption of the Zoning Ordinance. Therefore, no further environmental review under CEQA is required. 4 of 5 Text Amendment Findings 1. The Ordinance amendments are consistent in principle with the General Plan, in that the amendments do not substantively affect policy decisions made with the City Council’s adoption of the Zoning Ordinance and represent minor changes, corrections, and clarifications to the standards and regulations within the Zoning Ordinance. 2. The Ordinance amendments are consistent with the purpose of this Ordinance to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, and general welfare, in that the amendments maintain the existing policies, standards, and regulations of the Zoning Ordinance that promote and protect the public health, safety, and general welfare Financial Impacts and Budget Actions There is no immediate financial impact or budget action necessary as a result of the recommended action. Prepared By: Tony Kim, Principal Planner Approved Forwarded to Council Attachments: A. Proposed Redline Modifications B. Policy Discussion Items C. June 23, 2015 Council Staff Report (web link) D. May 24, 2016 Council Staff Report (web link) E. June 28, 2016 Council Staff Report (web link) F. February 14, 2017 Council Staff Report (web link) G. August 2, 2017 Planning Commission Staff Report (web link) H. October 18, 2017 Planning Commission Staff Report (web link) I. Ordinance 5 of 5 J. Powerpoint Presentation 1 ATTACHMENT A (Proposed Redline Modifications) PROPOSED AMENDMENTS TO THE ZONING ORDINANCE AS PRESENTED TO THE CITY COUNCIL ON DECEMBER 5, 2017 19. Modify the following language in SMMC Section 9.26.010 (p. 3.48): F. Promote conservation of water resources through the installation of properly designed, installed, and maintained climate-appropriate plants and water-effectiveefficient irrigation systems; Modify the following language in SMMC Section 9.26.050(A) (p. 3.49) 1. Common Property Lines Abutting Residential Districts. Wherever a non-residential use is located adjacent to a Residential District or use, a landscape buffer planted with a mix of trees and shrubs shall be provided along common property lines. At least 1 tree of at least 15-gallon size shall be planted per 20 lineal feet or as appropriate to create a tree canopy over the buffer setback. In addition, at least 3 shrubs shall be planted per 20 lineal feet. At least 10 percent of the required trees shall be 24-inch box size. The Urban ForesterAn International Society of Arboriculture (ISA) Certified Arborist or equivalent shall be consulted as to the selection of these trees to facilitate the trees’ viability in the given urban conditions and microclimate. Modify the following language in SMMC Section 9.26.050(B)(3) (p. 3.50) a. One tree per one thousand two hundred square feet of paved area that accommodates vehicular traffic must be provided in a manner that is compliant with Municipal Code Section 8.108 and dispersed throughout the paved area. The trees planted in compliance with this Section shall be designed to result in canopy coverage of 50 percent of the parking lots' hardscape within 10 years of the installations of these trees. The Urban ForesterAn International Society of Arboriculture (ISA) Certified Arborist or equivalent shall be consulted asattest to the selection of these trees to facilitate the trees’ viability, in the given urban conditions and microclimate, to provide the canopy coverage required. Modify the following language in SMMC Section 9.26.060 (p. 3.51): A. General. Landscaping may consist of a combination of groundcovers, shrubs, vines, and trees, and garden areas. Landscaping may also include incidental features such as semi- perviouspermeable pathways, stepping stones, benches, fountains, sculptures, decorative stones, or other ornamental features, placed within a landscaped setting. Materials must conform to Santa Monica Municipal Code Chapter 8.108. Modify the following language in SMMC Section 9.26.090 (p. 3.52): A. All landscaped areas shall be permanently maintained and kept free of weeds, debris, and litter and in accordance with the requirements set forth in Chapter 8.108 of the Municipal Code, Green Building, Landscape Design, Resource Conservation and Construction and Demolition Waste Management Standards. B. All plant materials shall be maintained in a healthy growing condition and diseased or dead plant materials shall be replaced, in kind, pursuant to the approved plans within 30 days. Alternatively, diseased or dead plant materials may be replaced with plant materials that have lower water needs, as rated in the current edition of the Water Use Classification of 2 Landscape Specials published by the California Department of Water Resources, ANSI/ASABE S623.1, or equivalent documentation. 22. Modify the following language in SMMC Section 9.28.070(A) (p. 3.75): 1. Residential Districts. Parking shall be located in the rear half of the parcel and at least 40 feet from a street- facing property line, except as provided below: a. Single-Unit Residential District. Required parking for Single-Unit Dwellings shall be located within an enclosed garage. Required parking for all other permitted use classifications in the Single-Unit Residential district shall not be required to be located within an enclosed garage. Garages may be located in the front half of the parcel subject to the setback requirements of the Base District and the following: 23. Modify the following language in SMMC Section 9.28.120(B)(9) (p. 3.86): b. The minimum width of a driveway or ramp serving a commercial property or a residential property with more than 2 residences is as follows: i. Parking Areas with 1 to 20 Spaces: Single driveway at least 10 feet wide with a minimum 12-foot wide apron width pursuant to the provisions of SMMC Section 7.04.180. ii. Parking Areas with 21 to 40 Spaces: Double driveway at least 20 feet wide with a minimum 12-foot wide apron width pursuant to the provisions of SMMC Section 7.04.180. 24. Modify the following language in SMMC Section 9.28.140 (p. 3.89): A. Applicability. Every new building, change of use, andor every building enlarged by 10% or more shall provide short and long-term bicycle parking in the amount specified in Table 9.28.140, except as otherwise provided in this Chapter. 25. Modify the following language in SMMC Section 9.28.140(E) (p. 3.91): 1. Standards for Short-Term Bicycle Parking a. Location. Short-term bicycle parking shall be located in well-lit and convenient areas outside of the public right-of-way and pedestrian walkways and within 50 feet of a main entrance to the building it serves. i. Multi-tenant Commercial Buildings. Bicycle parking shall be located within 50 feet of an entrance to each store. Bicycle parking shall be visible from the street or from the main building entrance, or a sign must be posted at the main building entrance indicating the location of the parking. ii. Downtown. Bicycle parking in the Downtown Districts may be located within the public right-of-way subject to selection of rack design, review of location, and approval from the Director and the Director of Public Works, pursuant to a license or other agreement, provided an unobstructed sidewalk clearance of four-feet is maintained for pedestrians at all times. b iii. QuantityOn-Site Requirement. Not less than 25% of tThe required short- term bicycle parking or 4 spaces, whichever is more, for new construction projects shall be provided on -site. For existing buildings and changes of use where existing site constraints prohibit locating short-term bicycle parking on-site, In lieu of providing the remainder of the short-term parking on site, the applicant shall satisfy the short-term bicycle parking requirements by may either: i. Install the remaining required bike racks in the public right-of-way with a location and design subject to review and approval by the City. A deed 3 restriction shall be recorded requiring the property owner to maintain the off-site bicycle racks for the life of the project. ii. Ppaying a fee per space, to be established by City Council resolution including the cost of rack and installation, for each space that cannot be located on-site. cb. Anchoring and Security. For each bicycle parking space required, a stationary, securely anchored object shall be provided to which a bicycle frame and one wheel can be secured with a high-security U-shaped shackle lock if both wheels are left on the bicycle. One such object may serve multiple bicycle parking spaces. dc. Short-term secure bicycle parking must be provided for any special event at a rate of 35% of the expected attendees. 26. Modify the following language in SMMC Section 9.28.180 (p. 3.99): F. Bicycle Parking. Substitution of non-required bicycle spaces for existing required automobile parking spaces is allowed according to the following provisions: 1. Parking spaces may be replaced with bicycle parking. Layout and design must meet Bicycle Parking Section 9.28.140(D) General Requirements with final layout and number to be approved by the Director. 2. For buildings with fewer than 10 automobile parking spaces, 1 existing required automobile parking space may be replaced in this manner with 5 bicycles spaces if no other suitable location for bicycle parking exists on the property as determined by the Director. 3. For every 5 bicycle spaces that are provided in the footprint of an existing required parking space, theautomobile parking requirement is reduced by 1 space, up to a maximum of 15% of the required parking spaces. 4. This provision does not apply to single or 2-unit residential dwellings. 27. Modify the following language in SMMC Section 9.31.040(E)(1) (p. 3.117): a. An existing alcohol outlet that was lawfully established and is nonconforming solely due to the lack of an approved Conditional Use Permit is exempt from the requirements of this Section if the licensed premises have remained in continuous operation without substantial change in mode or character of operation. Approval of a Conditional Use Permit shall be required for a change in the licensed classification. The operation of an existing nonconforming alcohol outlet shall be considered lapsed and a Conditional Use Permit shall be required where operations have been discontinued for a period of over one year. i. The one-year period to determine that a nonconforming alcohol outlet has been abandoned shall commence when the use ceases and any one of the following occurs: (1) The business license lapses; (2) The site is vacated; (3) The lease is terminated; (4) Utilities are terminated; or (5) A conforming use that meets the applicable requirements of this Ordinance is lawfully established in the space previously occupied by the nonconforming alcohol outlet. ii. Once the one-year period has commenced under Subsection (E)(1)(a)(i) that period shall only be terminated if the nonconforming alcohol outlet is fully licensed, permitted, and operational for 60 continuous days. Operational shall mean that the nonconforming alcohol outlet is open for business to the public and provides services typically associated with the nonconforming alcohol outlet during the hours and days that are customary for that nonconforming alcohol outlet. iii. Cessation of use due to remodeling shall not be considered abandonment so long as building permits are active in accordance with Chapter 8.08 of the Municipal Code. However, if the building permit expires before the use resumes, the one- 4 year period under Subsection (E)(1)(a)(i) shall relate back and commence with the cessation of use. iv. Any existing premises where operations have been discontinued for these time periods shall be required to obtain a Conditional Use Permit prior to resuming business whether or not a cConditional uUse pPermit was obtained in the past for the premises. iiv. A substantial change in mode or character of operation shall include, but is not limited to, a change in operational hours that extends past 11:00 PM Sunday through Thursday and midnight on Friday and Saturday, a 5 percent increase in the floor area of the premises, a 10 percent increase in the shelf area used for the display of alcoholic beverages, queuing outside the establishment, age requirements for entry, checking identification at the door, implementing a cover charge, offering bottle service, or a 5 percent increase or decrease in the number of seats in any restaurant that serves alcoholic beverages, but in no case shall the increase exceed any established seating limitation in the underlying zoning district. (1) Bottle service shall mean the service of any full bottle of liquor, wine, or beer, of more than 375 ml, along with glass ware, mixers, garnishes, etc., in which patrons are able to then make their own drinks or pour their own wine or beer. (2) Cover charge shall mean requiring payment of customers before they may enter the establishment. 29. Modify the following language in SMMC Section 9.39.020 (p.4.18): Administrative Approval shall be required prior to issuance of any Building Permit for the development of more than 1,000 square feet of floor area for all new construction and new additions to existing buildings located in Residential and Nonresidential Districts not otherwise subject to Zoning Conformance Review or discretionary review. However, no Administrative Approval shall be required for new construction and new additions to existing buildings located in the Multi-Unit Residential Districts, Ocean Park Neighborhood Districts, or for any new single-unit dwellings or additions thereto in any zoning district. 31. Modify the following language in SMMC Section 9.48.010 (p. 4.50): B. No person shall fail to comply with the terms and conditions of any permit or approval issued pursuant to this Ordinance, any Development Agreement, or with any other law or regulation relating to land use or development. This shall apply to any person, whether or not the person was the original applicant for the permit or approval, and whether or not the person is the owner, lessee, licensee, agent, or employee. 32. Modify the following language in SMMC Section 9.51.030(B)(8) (p. 5.12): c. Restaurant, Limited-Service and Take-Out. Establishments where food and beverages may be consumed on the premises, taken out, or delivered, but where limited table service is provided. This classification includes cafes, cafeterias, coffee shops, delicatessens, fast- food restaurants, sandwich shops, limited-service pizza parlors, self-service restaurants, ice cream and frozen yogurt shops, and snack bars with indoor or outdoor seating for customers. This classification includes bakeries that have tables for on-site consumption of products. It excludes catering services that do not sell food or beverages for on-site consumption (See Commercial Kitchen). See Division 3, Sections 9.31.040, Alcoholic Beverage Sales, and 9.31.280, Restaurants, Limited Service and Take Out Only, where applicable, for further details. 5 34. Modify the following language in SMMC Section 9.31.370(B)(2) (p. 3.169): d. Number of Events. No more than 4 events shall be allowed on any one site within any 12- month period, except sidewalk sales located on the public right of way shall be limited to 2 events for periods not exceeding 3 consecutive days each within any 12-month period. In addition, Business Improvement Districts and Areas shall be allowed 2 sidewalk sales located on the public right of way for periods not exceeding 3 consecutive days each within any 12-month period. exempt from the limitations on number of events. 1 ATTACHMENT B (Policy Redline Explanations) POLICY DISCUSSION ITEMS #19 SMMC Sections 9.26.010, 9.26.050, 9.26.060, 9.26.090 (pp. 3.48-52)  Policy Topic: Minor modifications to Chapter 9.26 (Landscaping) of the Zoning Ordinance to clarify terminology and establish consistency with the recently adopted amendments to the Green Building, Landscape Design, Resource Conservation and Construction and Demolition Waste Management Standards (SMMC 8.108, Subpart A).  Purpose of the Standards o The landscaping standards are intended to improve the appearance and livability of the community, enhance the aesthetic appearance of development, and provide environmental benefits among others.  How the Issue was Identified o City staff, in the course of verifying consistency between Chapter 9.26 (Landscaping) and the Green Building, Landscape Design, Resource Conservation and Construction and Demolition Waste Management Standards (SMMC 8.108, Subpart A) noted a few minor corrections necessary to clarify language.  What the Clarifying Language Will Do o Make minor corrections to clarify certain terminology in Chapter 9.26 (Landscaping) and make the selection of trees required by the Zoning Ordinance a more efficient process. #22 SMMC Section 9.28.070(A)(1)(a) (p. 3.75)  Policy Topic: Distinguish use categories in R1 (and OP) districts where enclosed garage parking may not be required.  Purpose of Standard o The purpose of the standard is to maintain the requirement that single-unit dwellings (SUDs) provide parking within an enclosed garage.  How the Issue was Identified o The issue was identified by staff upon review of an application for a Child Care Facility within the R1 Single-Unit Residential District. Other allowable uses within the Single-Unit districts that may require parking in addition to the two parking spaces within an enclosed garage include Duplex, Adult Day Care, Supportive Housing, Bed and Breakfast, and Schools.  What the Clarifying Language Will Do o For permitted uses that are not SUDs, this removes the requirement for parking within an enclosed garage and allows uncovered surface parking to meet the parking requirements. 2 #23 SMMC Section 9.28.120(B)(9)(b)(i-ii) (p. 3.86)  Policy Topic: Minimum driveway widths should match minimum apron widths.  Purpose of the Standard o The purpose of the standards is to set guidelines for appropriate driveway apron widths based on the width of the driveways that are consistent with Santa Monica Public Works standards.  How the Issue was Identified o Staff identified that the guidelines for the driveway apron widths do not match the standards sited in the Public Works section of the Municipal Code, SMMC 7.04.180 – driveways from public streets onto private property. Additionally, the current guidelines in SMMC Section 9.28.120(B)(9)(b)(i-ii) allow a driveway apron to be narrower than a driveway which would not be functional from an operational standpoint. It is believed the current standard was a typo and included unintentionally.  What the Clarifying Language Will Do o Match the guidelines in SMMC Section 9.28.120(B)(9)(b)(i-ii) to the current Public Works standards for driveway aprons. #24 SMMC Section 9.28.140(A) (p. 3.89)  Policy Topic: The current Zoning Ordinance language related to the applicability of Section 9.28.140 (Bicycle Parking) appears to have an inadvertent conjunction connecting the instances of when bicycle parking requirements apply to a project. As currently drafted, bicycle parking is required for projects that involve 1) a new building, 2) a change of use, and 3) enlarge a building by 10% or more. This statement of applicability can be interpreted to mean that all requirements must be satisfied for bike parking to be required.  Purpose of the Standard o The purpose of the standard is to increase the availability of bicycle parking when significant investment is made to a property.  How the Issue was Identified o An applicant who had trouble locating bicycle parking on-site argued that they did not need to provide bike parking since they were only proposing a change of use. Land use changes have the ability to change the demand for bicycle parking significantly, so the ambiguity in the Code was identified by staff for correction.  What the Clarifying Language Will Do o Replaces “and” with “or” so it is clear that bike parking is required for building enlargements, changes of use, and building additions greater than 10 percent in size. 3 #25 SMMC Section 9.28.140(E)(1)(b) (p. 3.91)  Policy Topic: Determine when required bike parking should be allowed on the public right-of-way instead of on private property.  Purpose of the Standard o The purpose of the standard is to allow limited off-site short-term bike parking in the public right-of-way in circumstances when no space is available on private property.  How the Issue was Identified o Staff identified the issue during the development review and plan check process. Applicants proposed to locate bike parking off-site when constructing a new building rather than locate the bike parking on-site. Additionally, staff has identified challenges associated with allowing private development to place their bike parking on the public right-of-way including: determining operation and maintenance procedures, clarifying liability, and ensuring the parking is in a location that can serve the development when other features like parking meters, bus stops, benches and other street furniture compete for right-of-way space.  What the Clarifying Language Will Do o Removes the ability to locate bike parking off-site by requiring it on-site and amends the provision to include only an in-lieu fee as an alternative to physically providing short-term bike parking on-site. o Requires bike parking on-site to the extent possible for existing buildings and changes of use. o Any required bike parking that cannot be placed on-site may be satisfied with payment of a fee. o Clarifies that new buildings are expected to provide all the required bike parking on-site. #26 SMMC Section 9.28.180(F) (p. 3.99)  Policy Topic: Clarify policy intent of bicycle parking in context of reducing required parking.  Purpose of the Standard o The Zoning Ordinance update provides a parking reduction strategy that allows non-required bike parking spaces to replace required automobile parking. The provision is located under Reduction of Required Parking and has been largely confused by applicants as a credit which allows an applicant to provide extra bike parking in order to reduce the amount of automobile parking required. City staff has received a number of inquiries from existing commercial tenants who would like to voluntarily have bike parking but have no space available to locate the parking other than area occupied by required automobile parking. This provision is intended to provide an opportunity to install non-required bike parking when space constraints exist. It allows the replacement of one existing required automobile parking stall with five non-required bicycle parking spaces (with limits) provided the bike parking is located inside the automobile parking stall footprint.  How the Issue was Identified o City staff have found that applicants have interpreted the provision as a credit rather than a substitution and have sought to reduce automobile parking requirements prior to the parking being physically constructed and available.  What the Clarifying Language Will Do 4 o Clarifies the provision as a replacement strategy and revises the language to clarify that the automobile parking must be physically present to be removed, i.e. this does not reduce a parking requirement prior to a change of use or building addition. #27 SMMC Section 9.31.040(E)(1)(a)(i) (p. 3.117)  Policy Topic: Create consistency between the methodology used for determining lapse of rights for alcohol-related uses and the methodology used for determining lapse of rights for nonconforming uses.  Purpose of the Standard o The purpose of the standard is to identify a certain length of time when an alcohol outlet without a Conditional Use Permit (CUP) is considered to have discontinued operations and is thereby required to obtain a CUP.  How the Issue was Identified o The issue was identified through staff review. Alcohol-related uses are considered lapsed if operations are not commenced (i.e. open for business) within one year of closure. Nonconforming uses are also considered ceased if the use is abandoned for one year or more; however, a nonconforming use is not required to be in operation within the one year period – specifically, cessation of a nonconforming use due to remodeling is not considered an abandonment so long as building permits remain in effect.  What the Clarifying Language Will Do o Makes the language in SMMC Section 9.31.040(E)(1)(a)(i) consistent with SMMC Section 9.27.050(B)(1) in terms of how to calculate the amount of time an alcohol outlet is considered to have discontinued operations. #29 SMMC Section 9.39.020 (p. 4.18)  Policy Topic: Eliminate the requirement for Administrative Approval review for multi-unit residential development in the Ocean Park zoning districts.  Purpose of the Standard o The Zoning Ordinance currently requires new multi-unit residential development in the Ocean Park zoning districts to obtain an Administrative Approval prior to submitting for design review and plan check review. Pursuant to SMMC Section 9.39.020, Administrative Approvals are not required for new construction and new additions to existing buildings located in the Multi-Unit Residential Districts (R2,R3,R4) or for any new single-unit dwellings or additions in any zoning district; however, the Ocean Park Neighborhood Districts that allow for multi-unit residential development (OPD, OP2, OP3, OP4) are not technically included within this exemption since they are not a part of the Residential Multi-Unit Districts identified in Section 9.02.010 of the Zoning Ordinance.  How the Issue was Identified o The issue was identified through staff implementation of the Zoning Ordinance and inquiries from project applicants.  What the Clarifying Language Will Do o Eliminate the Administrative Approval requirement for new multi-unit residential development in Ocean Park zoning districts to make this consistent with the process for new multi-unit residential development in Multi-Unit Residential districts. 5 #31 SMMC Section 9.48.010(B) (p. 4.50)  Policy Topic: Add clarifying language maintaining City’s authority to enforcement Development Agreement provisions.  Purpose of the Standard o The purposed of the standard is to clarify existing law that the City has enforcement authority over Development Agreements in addition to the Zoning Ordinance.  How the Issue was Identified o In monitoring compliance with existing DAs, staff found Section 9.48.010 was unclear as to whether the City could enforce any violations related to DA provisions.  What the Clarifying Language Will Do o Adds specific reference to “Development Agreements” to clarify what is already under City enforcement authority. #32 SMMC Section 9.51.030(B)(8) (p. 5.12)  Policy Topic: Consider revising the definition of the Restaurant, Limited-Service and Take-Out land use classification to eliminate language that references ‘limited table service’ as a component of the use.  Purpose of the Standard o The purpose of the standard is to define what types of establishments are considered Limited-Service and Take-Out Restaurants and distinguish them from Full-Service Restaurants.  How the Issue was Identified o The issue was identified by staff while reviewing business license applications and public inquiries for eating establishments that predominantly conform to this use definition except for the lack of “limited table service”. In many cases for Limited- Service and Take-Out Restaurants, there is no type of limited table service offered. These uses often involve customers ordering food at counters and food being picked up at counters without any table service. Eating establishments are meant to be regulated primarily by size.  What the Clarifying Language Will Do o Strikes the “limited table service” phrasing from the definition of Restaurant, Limited-Service and Take-Out as it is a limiting aspect in describing this type of use. o Although concerns have been raised that this change would allow fast food restaurants, it should be noted that the existing definition of Restaurant, Limited Service and Take-Out already includes fast-food restaurants. #34 SMMC Section 9.31.370(B)(2)(d) (p. 3.169)  Policy Topic: Revise the number of Business Improvement District (BID) sidewalk sales allowed by Temporary Use Permit (TUP) per year.  Purpose of the Standard o The standard ensures that sidewalk sales are of limited duration and frequency as to not permanently alter the character or physically impede the sites where they occur. However, it is not clear why a numerical limitation was placed on BID sidewalk sales as these typically occur in conjunction with community-based events and have not historically been disruptive to areas in which they are located. 6 BID sidewalk sales can be distinguished from those held by individual businesses as there have been documented code compliance complaints regarding individual businesses and impacts on the public right-of-way due to excessive sidewalk sales.  How the Issue was Identified o Local BIDs and the Santa Monica Chamber of Commerce have indicated that the current limit of 2 sidewalk sales for BIDs annually is too restrictive. This has been particularly problematic as BID participation in City-sponsored events also counts towards this limit.  What the Clarifying Language Will Do o Not limit the number of TUPs for sidewalk sales for BIDs. CITY COUNCIL MEETING Item 7.A Zoning Ordinance December 5, 2017 Zoning Ordinance Changes, Corrections, and Clarifications (Item 7.A) CITY COUNCIL December 5, 2017 CITY COUNCIL MEETING Item 7.A Zoning Ordinance December 5, 2017 June 23, 2015:Council adopted new Zoning Ordinance May 24, 2016 Jun 28 2016 Feb 14, 2017:Council adopted ordinances making minor clerical changes, corrections, and clarifications Oct 18, 2017:Planning Commission adopted resolution recommending Council make the proposed changes, corrections, and clarifications to the Zoning Ordinance for policy issues that have arisen through its implementation Background Discussion Recommendation CITY COUNCIL MEETING Item 7.A Zoning Ordinance December 5, 2017 Background Discussion Recommendation Planning Commission organized Zoning Ordinance policy issues into three groups: •Policy issues considered minor changes, corrections, and clarifications (“bucket 1”) •Policy issues that have arisen since adoption of the Zoning Ordinance through its implementation (“bucket 2”) •New policy issues (“bucket 3”) CITY COUNCIL MEETING Item 7.A Zoning Ordinance December 5, 2017 1447 Background Discussion Recommendation Purpose of tonight’s discussion: •Review and adopt Zoning Ordinance changes, corrections, and clarifications •Issues redlined in Attachment A (“bucket 2A”) •Staff will return to Council at a later date with “bucket 2B” items CITY COUNCIL MEETING Item 7.A Zoning Ordinance December 5, 2017 1447 Background Discussion Recommendation Policy Issue Analysis (Attachment B): •Policy topic •Purpose of the standard •How the issue was identified •What the clarifying language will do CITY COUNCIL MEETING Item 7.A Zoning Ordinance December 5, 2017 1447 Background Discussion Recommendation Policy Issues: •Landscaping •Parking design standards/bicycle parking •Nonconforming alcohol outlets •Administrative Approvals •DA enforcement •Restaurant definition •Te mporary Use Permits CITY COUNCIL MEETING Item 7.A Zoning Ordinance December 5, 2017 1447 829 Background Discussion Recommendation Recommend that the City Council introduce for first reading an ordinance amending the Zoning Ordinance making changes, corrections, and clarifications related to policy issues that have arisen since the adoption of the Zoning Ordinance through its implementation. CITY COUNCIL MEETING Item 7.A Zoning Ordinance December 5, 2017 Zoning Ordinance Changes, Corrections, and Clarifications (Item 7.A) CITY COUNCIL December 5, 2017 CITY COUNCIL MEETING Item 7.A Zoning Ordinance December 5, 2017 1447 Background Discussion Recommendation #22 SMMC Section 9.28.070(A) 1.Residential Districts. Parking shall be located in the rear half of the parcel and at least 40 feet from a street-facing property line, except as provided below: a.Single-Unit Residential District.Required parking for Single-Unit Dwellings shall be located within an enclosed garage.Required parking for all other permitted use classifications in the Single-Unit Residential district shall not be required to be located within an enclosed garage.Garages may be located in the front half of the parcel subject to the setback requirements of the Base District and the following: CITY COUNCIL MEETING Item 7.A Zoning Ordinance December 5, 2017 1447 Background Discussion Recommendation #23 SMMC Section 9.28.120(B)(9) b.The minimum width of a driveway or ramp serving a commercial property or a residential property with more than 2 residences is as follows: i.Parking Areas with 1 to 20 Spaces: Single driveway at least 10 feet wide with a minimum 12-foot wide apron width pursuant to the provisions of SMMC Section 7.04.180. ii.Parking Areas with 21 to 40 Spaces:Double driveway at least 20 feet wide with a minimum 12-foot wide apron width pursuant to the provisions of SMMC Section 7.04.180. CITY COUNCIL MEETING Item 7.A Zoning Ordinance December 5, 2017 1447 Background Discussion Recommendation #24 SMMC Section 9.28.140 A.Applicability.Every new building, change of use, andor every building enlarged by 10% or more shall provide short and long-term bicycle parking in the amount specified in Ta ble 9.28.140, except as otherwise provided in this Chapter. CITY COUNCIL MEETING Item 7.A Zoning Ordinance December 5, 2017 1447 Background Discussion Recommendation #25 SMMC Section 9.28.140(E)(1)(a) b iii.QuantityOn-Site Requirement.Not less than 25% of tThe required short- term bicycle parking or 4 spaces, whichever is more,for new construction projects shall be provided on -site. For existing buildings and changes of use where existing site constraints prohibit locating short-term bicycle parking on- site, In lieu of providing the remainder of the short-term parking on site, the applicant shall satisfy the short-term bicycle parking requirements by may either: i. Install the remaining required bike racks in the public right-of-way with a location and design subject to review and approval by the City. A deed restriction shall be recorded requiring the property owner to maintain the off-site bicycle racks for the life of the project. ii.Ppaying a fee per space,to be established by City Council resolution including the cost of rack and installation, for each space that cannot be located on-site. CITY COUNCIL MEETING Item 7.A Zoning Ordinance December 5, 2017 1447 Background Discussion Recommendation #26 SMMC Section 9.28.180 F.Bicycle Parking.Substitution of non-required bicycle spaces for existing required automobile parking spaces is allowed according to the following provisions: 1.Parking spaces may be replaced with bicycle parking. Layout and design must meet Bicycle Parking Section 9.28.140(D) General Requirements with final layout and number to be approved by the Director. 2.For buildings with fewer than 10 automobile parking spaces, 1 existing required automobile parking space may be replaced in this manner with 5 bicycles spaces if no other suitable location for bicycle parking exists on the property as determined by the Director. 3.For every 5 bicycle spaces that are provided in the footprint of an existing required parking space, theautomobile parking requirement is reduced by 1 space, up to a maximum of 15% of the required parking spaces. CITY COUNCIL MEETING Item 7.A Zoning Ordinance December 5, 2017 1447 Background Discussion Recommendation #27 SMMC Section 9.31.040(E)(1) i.The one-year period to determine that a nonconforming alcohol outlet has been abandoned shall commence when the use ceases and any one of the following occurs: (1)The business license lapses; (2)The site is vacated; (3)The lease is terminated; (4)Utilities are terminated; or (5)A conforming use that meets the applicable requirements of this Ordinance is lawfully established in the space previously occupied by the nonconforming alcohol outlet. ii.Once the one-year period has commenced under Subsection (E)(1)(a)(i) that period shall only be terminated if the nonconforming alcohol outlet is fully licensed, permitted, and operational for 60 continuous days. Operational shall mean that the nonconforming alcohol outlet is open for business to the public and provides services typically associated with the nonconforming alcohol outlet during the hours and days that are customary for that nonconforming alcohol outlet. iii.Cessation of use due to remodeling shall not be considered abandonment so long as building permits are active in accordance with Chapter 8.08 of the Municipal Code. However, if the building permit expires before the use resumes, the one-year period under Subsection (E)(1)(a)(i) shall relate back and commence with the cessation of use. CITY COUNCIL MEETING Item 7.A Zoning Ordinance December 5, 2017 1447 Background Discussion Recommendation #29 SMMC Section 9.39.020 Administrative Approval shall be required prior to issuance of any Building Permit for the development of more than 1,000 square feet of floor area for all new construction and new additions to existing buildings located in Residential and Nonresidential Districts not otherwise subject to Zoning Conformance Review or discretionary review. However, no Administrative Approval shall be required for new construction and new additions to existing buildings located in the Multi-Unit Residential Districts, Ocean Park Neighborhood Districts,or for any new single-unit dwellings or additions thereto in any zoning district. CITY COUNCIL MEETING Item 7.A Zoning Ordinance December 5, 2017 1447 Background Discussion Recommendation #31 SMMC Section 9.48.010 B.No person shall fail to comply with the terms and conditions of any permit or approval issued pursuant to this Ordinance, any Development Agreement,or with any other law or regulation relating to land use or development. This shall apply to any person, whether or not the person was the original applicant for the permit or approval, and whether or not the person is the owner, lessee, licensee, agent, or employee. CITY COUNCIL MEETING Item 7.A Zoning Ordinance December 5, 2017 1447 Background Discussion Recommendation #32 SMMC Section 9.51.030(B)(8) c.Restaurant,Limited-Service and Take-Out.Establishments where food and beverages may be consumed on the premises, taken out, or delivered, but where limited table service is provided. This classification includes cafes, cafeterias, coffee shops, delicatessens, fast-food restaurants, sandwich shops, limited-service pizza parlors, self-service restaurants, ice cream and frozen yogurt shops, and snack bars with indoor or outdoor seating for customers. This classification includes bakeries that have tables for on-site consumption of products. It excludes catering services that do not sell food or beverages for on- site consumption (See Commercial Kitchen). See Division 3, Sections 9.31.040, Alcoholic Beverage Sales, and 9.31.280, Restaurants, Limited Service and Take Out Only, where applicable, for further details. CITY COUNCIL MEETING Item 7.A Zoning Ordinance December 5, 2017 1447 Background Discussion Recommendation #34 SMMC Section 9.31.370(B)(2) d.Number of Events.No more than 4 events shall be allowed on any one site within any 12-month period, except sidewalk sales located on the public right of way shall be limited to 2 events for periods not exceeding 3 consecutive days each within any 12-month period. In addition, Business Improvement Districts and Areas shall be allowed 2 sidewalk sales located on the public right of way for periods not exceeding 3 consecutive days each within any 12-month period. exempt from the limitations on number of events.