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.