R115131
City Council Meeting: March 21, 2023 Santa Monica, California
RESOLUTION NUMBER 11513 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING THE BERGAMOT AREA PLAN FOR CONSISTENCY WITH THE GOALS,
POLICIES AND PROGRAMS SET FORTH IN THE 6TH CYCLE HOUSING ELEMENT
WHEREAS, on September 11, 2013, the City Council adopted the Bergamot Area
Plan (“BAP”), which provides policies and standards to transition 142.5 acres of former
industrial lands into an arts-focused, transit-oriented, mixed use pedestrian-oriented
neighborhood anchored by the Bergamot Exposition Light Rail Station; and
WHEREAS, the BAP envisions creating the City’s most sustainable
neighborhood—one that both conserves the authentic, industrial character that has
fostered a creative community in the area and removes barriers to housing, local
restaurants, and local services to take full advantage of the arrival of the Exposition Light
Rail; and
WHEREAS, the BAP encourages and creates opportunities to develop appropriate
housing for all members of the community, with a target of at least 30% of housing
affordable to people earning between 30% and 180% of the area median income; and
WHEREAS, the Housing Element Law, California Government Code Sections
65580 et seq., requires the City to review and update the Housing Element of its General
Plan every eight years; and
WHEREAS, the State is experiencing a housing supply crisis, with housing
demand far outstripping supply; and
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WHEREAS, in 2018, California ranked 49th out of the 50 states in housing units
per capita; and
WHEREAS, the housing crisis has particularly exacerbated the need for affordable
homes at prices below market rates; and
WHEREAS, the housing crisis has resulted in increased poverty and
homelessness, especially first-time homelessness, forced lower income residents into
crowded and unsafe housing in urban areas, and forced families into lower cost new
housing in greenfields at the urban-rural interface with longer commute times and a higher
exposure to fire hazard; and
WHEREAS, California needs an estimated 180,000 additional homes annually to
keep up with population growth, and the Governor has called for 3.5 million new homes
to be built over 7 years; and
WHEREAS, the City has received a Regional Housing Needs Assessment
(“RHNA”) allocation for the 6th Cycle Housing Element of approximately 8,895 housing
units, with approximately 70 percent allocated as affordable housing; and
WHEREAS, this RHNA allocation will require the City to permit approximately
1,000 housing units annually between 2021 and 2029, 700 of which are required to be
affordable housing, representing an increase of approximately five times over the City’s
RHNA allocation for the 5th Cycle (2013-2021) Housing Element; and
WHEREAS, in September 2020, the City commenced a public outreach process
for the 6th Cycle Housing Element, which has consisted of creation of a dedicated
website, presenting informational webinars, seeking input through questionnaires and
surveys, forming two technical working groups, and conducting a series of study sessions
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with the Planning Commission, Housing Commission, Rent Control Board, and the City
Council; and
WHEREAS, on or about May 24, 2021, City staff published a Draft 6th Cycle
Housing Element (“Draft Housing Element”); and
WHEREAS, on June 2 and 3, 2021, the Planning Commission conducted a public
hearing on the Draft Housing Element and made recommendations to the City Council;
and
WHEREAS, on June 15, 2021, the City Council conducted a public hearing to
discuss the Draft Housing Element and directed staff to transmit the Draft Housing
Element to the California Department of Housing and Community Development (“HCD”)
with revisions; and
WHEREAS, on July 1, 2021, City staff transmitted the Draft Housing Element, as
revised by the City Council, to HCD for a 60-day review period; and
WHEREAS on August 4, 2021, in accordance with Santa Monica Municipal Code
Section 9.45.060(A), the Planning Commission adopted a Resolution of Intention,
Resolution Number 21-006 (PCS), declaring its intention to consider recommending to
the City Council that the City Council adopt the 6th Cycle (2021-2029) Housing Element
of the City’s General Plan and amendments to the Land Use and Circulation of the City’s
General Plan, the Bergamot Area Plan and the Downtown Specific Plan for consistency
with the goals, policies and programs set forth in the Housing Element; and
WHEREAS, on September 24 and October 12, 2021 City staff presented HCD’s
comments and requested revisions for consideration prior to adoption of the final 6th
Cycle Housing Element; and
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WHEREAS, on October 12, 2021, the City Council conducted a duly noticed public
hearing to consider HCD’s comments and the recommendation of the Planning
Commission, and, after considering oral and written testimony, adopted the 6th Cycle
(2021-2029) Housing Element, which has been transmitted to HCD for review and
certification (the “Housing Element”); and
WHEREAS, on February 8, 2022, the City received a letter from HCD determining
that although the Adopted 6th Cycle Housing Element addressed “many statutory
requirements,” “revisions would be necessary to comply with State Housing Element
Law”; and
WHEREAS, the City immediately began efforts to address HCD’s letter, including
scheduling a teleconference with HCD staff on February 14, 2022 to determine the City’s
required next steps in order to achieve an HCD-compliant Housing Element and
conducting a Study Session with the Planning Commission on March 2, 2022; and
WHEREAS, since that February 14, 2022 teleconference, the City has continued
to meet with HCD on a consistent basis, including most recently on August 18, 2022, in
an effort to work toward addressing HCD’s concerns to allow for the submission of a
compliant Housing Element; and
WHEREAS, the City also initiated other efforts to bring the 6th Cycle Housing
Element into compliance, including an April 26, 2022 study session with Council, and
Study Sessions with the Planning Commission on May 11 and June 1, 2022; and
WHEREAS, in consideration of the comments received in the February 8, 2022
letter, consultations with HCD, and input received during study sessions with the City
Council and Planning Commission, City staff prepared draft redline revisions to the
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Housing Element to primarily: 1) make technical revisions; 2) address affirmatively
furthering fair housing obligations; and 3) strengthen the City’s commitment to
development of affordable housing on City-owned sites; and
WHEREAS on June 15, 2022, the Planning Commission considered the draft
redline amendments to the 6th Cycle Housing Element in response to HCD’s comments,
that, among other things, made technical revisions, and proposed amendments to the
element’s affirmatively furthering fair housing requirements and program related to City-
owned sites, made recommended revisions, and recommended that the City Council
direct staff to transmit the redline revisions to HCD for review; and
WHEREAS, on June 21, 2022, the City Council reviewed the draft revisions to the
6th Cycle Housing Element, made recommended revisions, and directed staff to transmit
to HCD for review and comment; and
WHEREAS, on July 8, 2022, the City submitted the draft revised Housing Element
to HCD for review and comment; and
WHEREAS, on September 6, 2022, HCD issued a letter determining that the Draft
Revised Housing Element will comply with State Housing Element Law once adopted,
submitted to, and reviewed by, HCD; and
WHEREAS, AB 1398, which became effective on January 1, 2022, requires local
governments that did not adopt a 6th Cycle Housing Element that HCD determined to be
in substantial compliance with State Housing Element Law within 120 days of the
statutory deadline for adoption to rezone to accommodate the local government’s RHNA
for the 6th Cycle within one year of the statutory deadline; and
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WHEREAS, in accordance with AB 1398, the June 21, 2022 amended draft of the
6th Cycle Housing Element sets forth implementation dates for rezoning and related
programs as of October 15, 2022, one-year after the City’s statutory deadline of October
15, 2021; and
WHEREAS, on June 30, 2022, SB 197 amended the Government Code to add
Section 65583.4, which extends the one-year deadline for rezoning set forth in AB 1398
to three years, or October 15, 2024, for local governments that meet certain conditions,
including adopting a 6th Cycle Housing Element that is compliant with State Housing
Element law within one year of the statutory deadline, or October 15, 2022; and
WHEREAS, implementation dates for the June 21, 2022 draft amended 6th Cycle
Housing Element have been updated to allow for an extension for rezoning should the
City meet all conditions set forth in Government Code Section 65583.4; and
WHEREAS, on September 22, 2022, Planning Commission conducted a duly
noticed public hearing to consider recommending to the City Council that the City Council
adopt the amended 6th Cycle Housing Element, and after considering oral and written
testimony, adopted Resolution Number 220-18 (PCS) recommending that the City
Council adopt the amended the 6th Cycle Housing Element; and
WHEREAS, on September 26, 2022, in accordance with Government Code
Section 65585(b), the City posted the final draft of the amended 6th Cycle Housing
Element incorporating the Planning Commission’s recommendations for updated
implementation dates on the City’s website for public review, and emailed a link to all
individuals and organizations that previously requested notices relating to the City’s 6th
Cycle Housing Element; and
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WHEREAS, on October 11, 2022, the City Council conducted a duly-noticed public
hearing to consider adopting the amended 6th Cycle Housing Element, and after
considering oral and written testimony, adopted Resolution Number 11469 (CCS),
adopting an amended 6th Cycle Housing Element, which was certified by the State on
October 14, 2022; and
WHEREAS, the Housing Element includes a variety of programs intended to
achieve goals and policies related to new housing production for all income categories
and the preservation of existing housing, ensuring there is equitable housing access to
all neighborhoods, housing for the homeless including housing assistance and supportive
services to low-income households, and eliminating housing discrimination; and
WHEREAS, the Housing Element sets forth a range of goals, policies and
programs, including, but not limited to, procedural changes related to streamlining the
review of housing projects, updating development standards and the Affordable Housing
Production Program (“AHPP”) to ensure housing projects are feasible, providing
opportunities for housing in areas of the City that do not currently permit housing,
incentivizing housing in areas of the City that have not historically supported housing
production, amending the City’s density bonus ordinance to ensure consistency with State
law and integration into the City’s land use system, and committing to the production of
affordable housing on City-owned/publicly owned land; and
WHEREAS, the Housing Element requires the City to implement certain programs
through amendments to the Land Use and Circulation Element of the General Plan, the
Bergamot Area Plan, the Downtown Community Plan, and the Zoning Ordinance in
phases, subject to specified deadlines; and
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WHEREAS, the City desires to undertake the first phase of implementation for
consistency with the goals, policies, and programs set forth in the 6th Cycle Housing
Element, including all or portions of Programs 1A, By-Right Approvals for Housing
Projects; 1B, Streamline the Architectural Review Process and Ensure Design Review
Objectivity for Housing Projects; 1C, Incentivize Housing Development on Surface
parking Lots in Residential Zones; 1D, Reduce Minimum Parking Requirements for
Housing Projects; 1F, Revise the Downtown Community Plan Development Standards to
Support Housing Projects; 1G, Incentivize and Facilitate the Development of Accessory
Dwelling Units through an ADU Accelerator Program; 1J, Rezoning by Revising
Development Standards to Ensure that Housing Projects are Feasible and Incentivized
Over Commercial Development; 2A, Establish a Moderate-Income Affordable Housing
Overlay; 2C, Update the City’s Affordable Housing Production Program to Increase the
Number of Affordable Housing Units at all Income Levels; 2D, Update Density Bonus
Ordinance to Ensure Consistency with State Law and Integration into the City’s Land Use
System; 4A, Zoning Ordinance Amendment to Permit Multiple-Unit Housing in Non-
Residential Zones Where Not Currently Permitted; 4B, Facilitate the Development of
Housing on Surface Parking Lots Owned by Community Assembly Uses; and 4C, Provide
New Housing Choices and Affordability in High Opportunity Areas Through Incentives for
Additional ADUs in R1-Zone Neighborhoods; and
WHEREAS, on February 1, 2023, the Planning Commission conducted a duly-
noticed public hearing, and, after considering oral and written testimony regarding the
proposed amendments to the BAP, adopted a Resolution of Recommendation,
Resolution Number 23-005 (PCS), recommending to the City Council that the City Council
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amend the BAP to ensure consistency with the first phase of Housing Element
implementation; and
WHEREAS, on March 21, 2023, the City Council conducted a duly noticed public
hearing to consider the recommendation of the Planning Commission, and, after
considering all oral and written testimony, desires to adopt the proposed amendments to
the BAP.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1. Amendments to the text of the Bergamot Area Plan. Pursuant to
Santa Monica Municipal Code Section 9.45.080 and 9.45.130, the City Council does
hereby amend the Bergamot Area Plan for consistency with the goals, policies, and
programs set forth in the 6th Cycle Housing Element, including all or portions of Programs
1A, By-Right Approvals for Housing Projects; 1B, Streamline the Architectural Review
Process and Ensure Design Review Objectivity for Housing Projects; 1C, Incentivize
Housing Development on Surface parking Lots in Residential Zones; 1D, Reduce
Minimum Parking Requirements for Housing Projects; 1F, Revise the Downtown
Community Plan Development Standards to Support Housing Projects; 1G, Incentivize
and Facilitate the Development of Accessory Dwelling Units through an ADU Accelerator
Program; 1J, Rezoning by Revising Development Standards to Ensure that Housing
Projects are Feasible and Incentivized Over Commercial Development; 2A, Establish a
Moderate-Income Affordable Housing Overlay; 2C, Update the City’s Affordable Housing
Production Program to Increase the Number of Affordable Housing Units at all Income
Levels; 2D, Update Density Bonus Ordinance to Ensure Consistency with State Law and
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Integration into the City’s Land Use System; 4A, Zoning Ordinance Amendment to Permit
Multiple-Unit Housing in Non-Residential Zones Where Not Currently Permitted; 4B,
Facilitate the Development of Housing on Surface Parking Lots Owned by Community
Assembly Uses; and 4C, Provide New Housing Choices and Affordability in High
Opportunity Areas Through Incentives for Additional ADUs in R1-Zone Neighborhoods,
as set forth in Exhibit A attached to this Resolution. In adopting these amendments, the
City Council hereby finds and declares that, for the reasons articulated above, in the staff
report dated March 21, 2023, below:
The amendments to the text of the Bergamot Area Plan are consistent with
the General Plan in that the amendments are required to implement all or
portions of Programs 1A, By-Right Approvals for Housing Projects; 1B,
Streamline the Architectural Review Process and Ensure Design Review
Objectivity for Housing Projects; 1C, Incentivize Housing Development on
Surface parking Lots in Residential Zones; 1D, Reduce Minimum Parking
Requirements for Housing Projects; 1F, Revise the Downtown Community
Plan Development Standards to Support Housing Projects; 1G, Incentivize
and Facilitate the Development of Accessory Dwelling Units through an
ADU Accelerator Program; 1J, Rezoning by Revising Development
Standards to Ensure that Housing Projects are Feasible and Incentivized
Over Commercial Development; 2A, Establish a Moderate-Income
Affordable Housing Overlay; 2C, Update the City’s Affordable Housing
Production Program to Increase the Number of Affordable Housing Units at
all Income Levels; 2D, Update Density Bonus Ordinance to Ensure
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Consistency with State Law and Integration into the City’s Land Use
System; 4A, Zoning Ordinance Amendment to Permit Multiple-Unit Housing
in Non-Residential Zones Where Not Currently Permitted; 4B, Facilitate the
Development of Housing on Surface Parking Lots Owned by Community
Assembly Uses; and 4C, Provide New Housing Choices and Affordability in
High Opportunity Areas Through Incentives for Additional ADUs in R1-Zone
Neighborhoods, and otherwise maintain the existing goals, policies,
standards and regulations in the General Plan.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect. Notwithstanding its
effective date, the provisions of this Resolution shall apply to any application for a
planning entitlement, building permit, including plan check, submitted on or after June 1,
2023.
APPROVED AS TO FORM:
_________________________
DOUGLAS SLOAN
City Attorney
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EXHIBIT A
Amendments to the Bergamot Area Plan for consistency with the Goals, Policies,
and Programs Set Forth in the 6th Cycle (2021-2029) Housing Element
[BEHIND THIS PAGE]
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Chapter 4, page 71
The community’s expectation for the Bergamot Plan area to transition to an energetic, equitable and
sustainable new urban neighborhood is addressed through careful land use planning that is integrated
with circulation policies. Many of the land use policies in this section are implemented through the
Development Standards in Chapter 5 that govern scale, height, and permitted mix of uses or designed for
further development in later implementation phases. Maintaining the targets identified in the LUCE for the
balance of commercial and residential uses (60/40 in the Bergamot Transit Village and 50/50 in the
Mixed-Use Creative District) promotes a more walkable, less auto-dependent land use pattern that
meets the City’s broad social, economic and environmental goals. These integrated land use and
circulation policies will foster a neighborhood that is designed from the outset to support the City’s
broad Sustainable City Plan objectives to reduce the community’s carbon footprint and GHG emissions.
Chapter 4, Page 72
Bergamot Transit Village District
Development in the Bergamot Transit Village District (BTV) is directed to create the underlying urban fabric
for a new mixed-use neighborhood that supports a range of uses, activities, open spaces and built forms,
and which deeply integrates the new Bergamot Expo Station and the adjacent Bergamot art center into
community life. The district’s evolution into a pedestrian-oriented, mixed-use destination containing jobs,
housing, retail, services, entertainment and open spaces will build upon Santa Monica’s long-standing
practice of crafting strong urban places.
Permitted Uses
This district allows for the creation of a vibrant concentration of retail and services, multi-family housing,
and creative employment and community gathering spaces, especially in proximity to transit. For the
Bergamot Transit Village, a mix of 60% commercial and 40% residential use is established as the target for
new development. The permitted densities for the Bergamot Transit Village were determined so as to
achieve a scale that is consistent with the community vision for a pedestrian-oriented district that provides
high quality open spaces, and that is oriented to and accessible by transit. Consequently, densities have
been reduced from those described in the LUCE. Permitted development densities are:
Tier I: 1.75 Floor Area Ratio (FAR)
Tier II: 2.0 FAR
Tier III: 2.5 FAR
Chapter 4, page 73
Figure 4.B.02 Map and Legend:
Bergamot Transit Village (BTV) FAR: 1.75, 2.0, 2.5; Housing Projects FAR:
4.0 Mixed Use Creative North of Pennsylvania or South of Expo Bike Path: FAR: 1.5, 1.7,
2.2; Housing Projects FAR: 3.25
Mixed Use Creative (MUC) FAR: FAR: 1.5, 1.7, 2.2; Housing Projects FAR: 4.0
Conservation: Art Center (CAC) Parcels over 100,000 SF, FAR: 1.0; Parcels under 100,000
SF, FAR: 1.0, 1.5, 2.5; Housing Projects FAR: 2.50
Conservation: Creative Sector (CCS) FAR: 1.5; Housing Projects FAR: 2.50
Chapter 4, page 75
Mixed-Use Creative District
The Mixed-Use Creative District (MUC) will emphasize the continuation of the area’s diverse creative and
cultural offerings. It will also encourage the infill of new, complementary uses as a way to provide a
more balanced and sustainable land use pattern that connects residents, employees and visitors to the
district, the neighboring BTV, the Bergamot Expo Station and the Bergamot art center. Existing uses are
encouraged to remain and will be bolstered by the balance of new creative arts jobs, housing affordable to
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the workforce and supportive local-serving retail and services. In consideration to their size and the
character of existing development, smaller parcels will be developed at lower densities and smaller building
scales than those of the BTV District. As in the BTV, the Mixed-Use Creative District’s evolution as a
pedestrian-oriented environment is promoted through policies and standards. The eastern edge of the
MUC will also be easily accessible from the new Bundy Expo Station in the City of Los Angeles.
Permitted Uses
A mix of 50% commercial and 50% residential use is established as the target for new development in the
MUC District. The permitted densities for the MUC District were determined in order to achieve a scale that
is consistent with the community vision for a pedestrian-oriented district that provides high-quality open
spaces, and that is oriented to and accessible by transit. Consequently, densities have been reduced
from those described in the LUCE. Permitted development densities are:
Tier I: 1.5 Floor Area Ratio (FAR)
Tier II: 1.7 FAR
Tier III: 2.2 FAR
As described for the BTV, a blend of uses will be accommodated, including new affordable housing,
housing affordable to the workforce and market-rate housing. These housing types are more completely
described in Table 5.02 in Chapter 5.
Chapter 4, page 76
Conservation: Creative Sector District
Within the Conservation: Creative Sector (CCS) District, emphasis will be placed on small-scale creative
arts, media production, entertainment uses, digital technology, incubators, business services and
supporting uses, such as restaurants and cafés, and housing as defined in Table 5.02. To protect the
scale and character of this important creative cluster within the Plan area, permitted development densities
shall be limited to (Tier I) 1.5 FAR. This restriction is balanced by incentives that can assist creative
businesses in meeting their needs for a certain amount of on-site expansion.
Conservation: Art Center District
As an area-wide anchor for the creative sector, the Conservation: Art Center (CAC) District shall feature
uses which contribute to and enhance both the arts and cultural functions of the Bergamot art center and
the identity it establishes. These uses may include art galleries, studios, exhibition halls, performance
spaces, museums, restaurants and cafés, visitor accommodations and similar uses. Small-scale creative
office uses and housing are also permitted. Distinct densities in the Conservation: Art Center District are
based on parcel size, as described below:
Parcels over 100,000 SF
Tiers I-III: 1.0 Floor Area Ratio (FAR)
Parcels under 100,00 SF
Tier I: 1.0 Floor Area Ratio (FAR)
Tier II: 1.5* FAR
Tier III: 2.5* FAR
*0.5 FAR must be devoted to space for arts-related and arts-compatible uses. Artist live/work could be
considered provided the primary space is used for work.
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BerettaRose Photography DEVELOPMENT STANDARDS & LAND USE REGULATIONS DocuSign Envelope ID: 3353A9C8-49A0-4A5E-ADEA-541D9A2BCCD7
146 | CITY OF SANTA MONICA Land Use Regulations and Development Standards DocuSign Envelope ID: 3353A9C8-49A0-4A5E-ADEA-541D9A2BCCD7
BERGAMOT AREA PLAN | 147 Land Use Regulations and Development Standards Development Standards and Land Use Regulations This section of the Plan sets out the Development Standards to ensure that all proposed development supports the goals and vision of the Plan as described in Chapter 4, Core Components. The Development Standards include the following sections, which provide a framework for the intended urban form and character, Section A: Land Use Regulations and Section B: Development Standards. The Land Use Regulations define permitted uses in the Bergamot Plan area. The Development Standards regulate new site and building development by establishing standards for intensity, building height, open space and other elements. Development standards include street‐based frontage standards, which regulate building frontages along existing and new streets to form adequate and pedestrian‐friendly street walls. If provisions in the Bergamot Area Plan and the Zoning Ordinance are in conflict, the provisions in the Bergamot Area Plan shall be applied. Where Zoning Ordinance provisions are not specifically addressed by the Bergamot Area Plan, the Zoning Ordinance shall be applied. Projects that include affordable housing on City‐Owned properties shall be exempted from DocuSign Envelope ID: 3353A9C8-49A0-4A5E-ADEA-541D9A2BCCD7
148 | CITY OF SANTA MONICA Land Use Regulations and Development Standards the Bergamot Area Plan and Zoning Ordinance pursuant to SMMC Section 9.01.040(A)(1)(d). DocuSign Envelope ID: 3353A9C8-49A0-4A5E-ADEA-541D9A2BCCD7
BERGAMOT AREA PLAN | 149 Land Use Regulations and Development Standards All projects in the Bergamot Plan area will undergo a City design review and permit process as required by the Zoning Ordinance. As discussed in Chapter 1, Introduction, the LUCE sets out three tiers for new development in the Bergamot Plan Area. Tier I is baseline, by‐right development up to the discretionary review thresholds established by the Zoning Ordinance. Tier II and Tier III projects are allowed additional intensity and height if the associated development provides community benefits. Table 5.01 Key to Land Use Regulations Table Category Designator Category Description P Permitted uses L(#) Limited uses, which are permitted provided they comply with specified standards; for example, a limitation on floor area, indicated by a footnote in the use regulation table MUP Minor conditional uses, which require approval of a Minor Use Permit based on discretionary review conducted by the Planning and Community Development Director CUP Conditional uses, which require approval of a Conditional Use Permit based on discretionary review conducted by the Planning Commission ‐ Prohibited uses, which are not allowed in the district or overlay In addition to compliance with the requirements of this chapter, Tier II and Tier III projects shall comply with the following: Tier II • Record a deed restriction that requires the property owner and all building tenants to join and maintain membership in the TMA for the life of the project. This requirement shall be included in all leases. • Provide all Tier II requirements specified in the City’s Municipal Code, Article IX ( Zoning Ordinance). In order to ensure that new development at the Tier II level contributes to the identity and development of the Bergamot Plan area, Tier II level fees (beyond fees that are Code base requirements) shall be allocated to appropriate projects within the Bergamot Plan area to the extent feasible. • Notwithstanding the above, the Zoning Ordinance Update process will consider requiring that projects in the Bergamot Plan area pay a higher Transportation Impact Feet (TIF), to be allocated as above. Tier III Tier III applicants should review Chapter 4, Section B: Land Use for Community Benefits, and incorporate appropriate project components to satisfy the requirement to include substantial additional amenities that the community has prioritized in the Bergamot Plan area. Any fees collected shall be allocated to appropriate projects within the Bergamot Plan area. Actual project features shall be negotiated during the Development Agreement process. Allocation of Unused Fees If there are no potential projects that can utilize the Tier II fund contributions within five years of payment, the funds may be used for City projects outside the Plan area. A. LAND USE REGULATIONS Table 5.02 presents the land use regulations for the Bergamot Transit Village (BTV), Mixed‐Use Creative (MUC), Conservation: Art Center (CAC) and Conservation: Creative Sector (CCS) Districts, as well as the Pedestrian Priority Corridor (PPC) and Retail Priority (RP) Overlays (see Figure 5.01 for boundaries of the districts). Any other uses not included in the table are prohibited and covered by the general rule, which states that any uses not specifically authorized are prohibited. The key to the land use regulations table is found in Table 5.01. The new districts created in this Plan permit many of the uses that are permitted in the BTV and MUC districts defined in the LUCE. However, residential uses other than live/work units is prohibited in the Conservation ‐ Creative Sector District in order to conserve its creative arts character. There are also further use restrictions in the overlay districts in order to promote active streets. In the case of conflict between an underlying district and an overlay district, the overlay district standards shall prevail. However, additional residential uses are not permitted on properties in an overlay district with underlying Conservation‐CCS District zoning. Use classifications have been divided into residential uses or non‐residential uses (see Table 5.02). For land use definitions, please refer to the Zoning Ordinance. See also the table footnotes on page 138. DocuSign Envelope ID: 3353A9C8-49A0-4A5E-ADEA-541D9A2BCCD7
150 | CITY OF SANTA MONICA Land Use Regulations and Development Standards Table 5.02 Land Use Regulations DISTRICTS OVERLAYS Bergamot Transit Village (BTV) MU-Creative (MUC) Conservation: art Center (CAC) Conservation: Creative Sector (CCS) Pedestrian Priority Corridor (PPC) Retail Priority (RP) Residential Uses Dwelling, Single‐Unit ‐ ‐ ‐ ‐ ‐ ‐ Dwelling, Second UnitAccessory Dwelling Unit ‐P ‐P ‐P ‐P ‐P ‐P Dwelling, Duplex ‐ ‐ ‐ ‐ ‐ ‐ Elderly and Long‐Term Care P P CUP ‐ P ‐ Emergency Shelters P P CUP ‐ ‐ ‐ Existing Mobile Home Park ‐ P ‐ ‐ ‐ ‐ Family Day Care, Small or Large P P CUP ‐ P P Group Residential (includes congregate, senior group, supportive) P P CUP ‐ P L(1) Junior Accessory Dwelling Unit P P P P P P Live/work P P CUP P P L(1) Multiple‐Unit StructureDwelling (includes senior, transitional, supportive) P P CUPP ‐P P L(1) Residential Care Facilities P P CUP ‐ L(1) L(1) Single‐Room Occupancy Housing P P CUP ‐ P L(1) Non-residential Uses Animal Care, Sales, and Services See subclassifications below. Kennels ‐ ‐ ‐ ‐ ‐ ‐ Grooming and Pet Stores P P P L(2) L(2) L(2) Pet Day Care Services MUP MUP ‐ MUP ‐ ‐ Veterinary Services MUP MUP ‐ MUP ‐ ‐ Artist's Studio P P P P P P Automobile/Vehicle Sales and Service ‐ ‐ ‐ ‐ ‐ ‐ Banks and Financial Institutions See subclassifications below. Banks and Credit Unions, < 5,000 sq. ft. P P ‐ P P P Banks and Credit Unions, > 5,000 sq. ft. CUP CUP ‐ CUP CUP CUP Check Cashing Businesses ‐ ‐ ‐ ‐ ‐ ‐ Bicycle Rental and Share Stations P P P P P P Business Services P P P P L(2) L(2) College and Trade Schools, Public or Private CUP CUP CUP ‐ CUP ‐ DocuSign Envelope ID: 3353A9C8-49A0-4A5E-ADEA-541D9A2BCCD7
BERGAMOT AREA PLAN | 151 Land Use Regulations and Development Standards Districts overlays Bergamot Transit Village (BTV) MU‐Creative (MUC) Conservation: art Center (CAC) Conservation: Creative Sector (CCS) Pedestrian Priority Corridor (PPC) Retail Priority (RP) Commercial Entertainment and Recreation See subclassifications below. Cinemas & Theaters, up to 99 seats P P P P P CUP Cinemas & Theaters, more than 99 seats CUP ‐ ‐ ‐ ‐ ‐ Convention and Conference Centers See subclassifications below. Large‐scale, >= 25,000 sf CUP ‐ ‐ ‐ ‐ ‐ Small‐scale, < 25,000 sf CUP CUP CUP ‐ CUP CUP Commercial Kitchens CUP CUP ‐ CUP/L(1) CUP/L(1) CUP/L(1) Commercial Recreational Facilities, Large‐scale CUP ‐ ‐ ‐ ‐ ‐ Commercial Recreational Facilities, Small‐scale MUP MUP MUP MUP MUP/L(1) MUP/L(1) Communication Facilities See subclassifications below. Antennas and Transmission Towers MUP MUP ‐ ‐ ‐ ‐ Equipment/Facilities within Buildings CUP CUP ‐ ‐ ‐ ‐ Community Assembly CUP CUP CUP ‐ CUP CUP Community Gardens P P P P P MUP Cultural Facilities P P P P P P Day Care Centers P P ‐ P L(1) L(1) Eating and Drinking Establishments See subclassifications below. Bars/Nightclubs/Lounges CUP CUP MUP CUP CUP CUP Restaurants, Full or Limited Service, up to 50 seats (including accessory bar seats) P P P P P P Restaurants, Full or Limited Service, more than 50 seats (including accessory bar seats) P P P CUP P P Restaurants, Drive‐Through Facilities ‐ ‐ ‐ ‐ ‐ ‐ Restaurants, Accessory Live Entertainment P P P P P P Restaurants, Outdoor Eating Areas P P P P P P Equipment Rental MUP MUP ‐ MUP MUP ‐ Flex Vehicle Spaces, accessory L(7) L(7) L(7) L(7) L(7) L(7) Food and Beverage Sales L(8) L(8) CUP/L(2) CUP/L(2) L(2) L(2) Funeral Parlors and Mortuaries ‐ ‐ ‐ ‐ ‐ ‐ DocuSign Envelope ID: 3353A9C8-49A0-4A5E-ADEA-541D9A2BCCD7
152 | CITY OF SANTA MONICA Land Use Regulations and Development Standards Districts Overlays Bergamot Transit Village (BTV) MU‐Creative (MUC) Conservation: art Center (CAC) Conservation: Creative Sector (CCS) Pedestrian Priority Corridor (PPC) Retail Priority (RP) Hospitals and Clinics, <= 5,000 sq. ft. MUP MUP ‐ MUP ‐ ‐ Hospitals and Clinics, > 5,000 sq. ft. CUP CUP ‐ ‐ ‐ ‐ Industry, General ‐ ‐ ‐ ‐ ‐ ‐ Industry, Research and Development P P L(2) L(2) L(1) L(1) Industry, Limited P P L(2) L(2) P P Instructional Services P P L(5) L(5) L(1) L(1) Lodging See subclassifications below. Bed and Breakfast ‐ ‐ ‐ ‐ ‐ ‐ Hotels and Motels CUP CUP CUP ‐ CUP CUP Maintenance and Repair Services, <= 5,000 sq. ft. MUP MUP ‐ MUP ‐ ‐ Maintenance and Repair Services, > 5,000 sq. ft. ‐ ‐ ‐ ‐ ‐ ‐ Media Production See subclassifications below. Movie or Recording Studio P P P P L(1) L(1) Support Facilities P P ‐ P L(6) L(6) Nurseries and Garden Centers P P ‐ ‐ MUP/L(4) MUP/L(4) Offices See subclassifications below. Business and Professional, <= 5,000 sq. ft. P P ‐ ‐ L(1) L(1) Business and Professional, > 5,000 sq. ft. CUP CUP ‐ ‐ CUP/L(1) CUP/L(1) Creative P P P P P L(1) Medical and Dental CUP CUP ‐ CUP CUP CUP Walk‐In Clientele P P ‐ ‐ P P Park and Recreation Facilities, Public P P P P P P Parking, Shared: New Standalone Public or Private P P P ‐ CUP CUP Personal Services See subclassifications below. General Personal Services P P ‐ P P P Tattoo or Body Modification Parlor MUP MUP ‐ ‐ ‐ ‐ Public Safety Facilities P P L(3) P P P Recycling Facilities, <= 5,000 sq. ft. CUP CUP ‐ ‐ ‐ ‐ DocuSign Envelope ID: 3353A9C8-49A0-4A5E-ADEA-541D9A2BCCD7
BERGAMOT AREA PLAN | 153 Land Use Regulations and Development Standards Recycling Facilities, > 5,000 sq. ft. ‐ ‐ ‐ ‐ ‐ ‐ Districts overlays Bergamot Transit Village (BTV) MU‐Creative (MUC) Conservation: art Center (CAC) Conservation: Creative Sector (CCS) Pedestrian Priority Corridor (PPC) Retail Priority (RP) Retail Sales, General See subclassifications below. Art Galleries P P P P P P Building Material Sales and Services ‐ ‐ ‐ ‐ ‐ ‐ Firearms and Ammunition Sales ‐ ‐ ‐ ‐ ‐ ‐ General Retail Sales, < 15,000 sq. ft. P P P P L(2) L(2) General Retail Sales, > 15,000 sq. ft. ‐ ‐ ‐ ‐ ‐ ‐ Pawn Shops ‐ ‐ ‐ ‐ ‐ ‐ Schools, Public or Private CUP CUP CUP ‐ CUP ‐ Social Service Centers P P ‐ ‐ MUP L(1) Swap Meet CUP CUP CUP ‐ ‐ ‐ Vehicle Rental, Accessory to Primary Use P P P ‐ ‐ ‐ Utilities See subclassifications below. Utilities, Major ‐ ‐ ‐ ‐ ‐ ‐ Utilities, Minor P P P P P P Warehousing, Storage and Distribution ‐ ‐ ‐ ‐ ‐ ‐ Footnotes: L(1) Not allowed on the ground floor for the first 40 feet of lot depth, except residential uses in the BTV/PPC Overlay District L(2) Limited to 4,000 sq. ft. or less. L(3) Limited to 15,000 sq. ft. or less. L(4) Nurseries and Gardens Centers permitted if all goods, except planted stock, are kept entirely within an enclosed building. L(5) Limited to arts related uses only. L(6) Not allowed on the ground floor for the first 40 feet of lot depth on Nebraska Avenue. L(7) Flex vehicle spaces within areas otherwise used for parking and not as a stand‐alone use. L(8) Limited to 4,000 sq. ft. or less. Notwithstanding, one (1) new food & beverage sales facility may be permitted in the Plan area, in either the BTV or MUC District, that exceeds the 4,000 square foot limit and may be a maximum of 15,000 square feet. B. DEVELOPMENT STANDARDS Development Standards in Tables 5.03(A) & (B) are specific to the districts in the Bergamot Plan area, and are exclusive of any State or Local density bonuses. Certain standards are flexible to allow for architectural innovation if approved by the authorized review entity (see B.11 for Flexible Development Standards). B.1 Floor Area Ratio (FAR) Maximum floor area ratios (FARs) for Tier I, Tier II and DocuSign Envelope ID: 3353A9C8-49A0-4A5E-ADEA-541D9A2BCCD7
154 | CITY OF SANTA MONICA Land Use Regulations and Development Standards Tier III projects are established in Tables 5.03(A) & (B). In the Bergamot Plan area, floor area ratio includes only building area at or above grade. In circumstances where publicly accessible roads and pathways are negotiated, FAR will be calculated on the gross area of the project site. DocuSign Envelope ID: 3353A9C8-49A0-4A5E-ADEA-541D9A2BCCD7
DocuSign Envelope ID: 3353A9C8-49A0-4A5E-ADEA-541D9A2BCCD7
154 | CITY OF SANTA MONICA Land Use Regulations and Development Standards B.1.01 Exemptions from FAR calculation. The following shall not be included in the FAR calculation. a. Below‐grade (subterranean) building area b. Open roof decks or covered roof decks that are more than 75% unenclosed c. Outdoor dining areas adjacent to the public right of way B.1.02 Low Income/Workforce Housing Units. For Notwithstanding any bonus provided by the State Density Bonus Law, SMMC Chapter 9.22, Density Bonus, housing projects, Tier I, and Tier II projects in the BTV and MUC Districts, for all units in a project above and beyond those required by the AHPP, A a FAR bonus shall be provided equivalent to 25% of the floor area constructed for affordable/ workforce housing, provided: a. The units contain at least one bedroom (no studios) b. At least 50% of the bonus residential units shall be deed‐restricted for affordability to a maximum of 80% area median income (AMI). The remainder shall be deed‐restricted for any affordability level up to 120% of AMI. DocuSign Envelope ID: 3353A9C8-49A0-4A5E-ADEA-541D9A2BCCD7
BERGAMOT AREA PLAN | 155 Land Use Regulations and Development Standards Table 5.03(A) Development Standards for Projects not Meeting the Definition of Housing Project Development Standards Bergamot Transit Village Conservation: Art Center MU-Creative Conservation: Creative Sector TIER Tier I Tier II Tier III Tier I Tier II Tier III Tier I Tier II Tier III Tier I Tier II Tier III HEIGHT LIMIT (SEE B.2) Standard (Variation) 32’ (39’) 60’ 75’ (86’) 32’ 60’ 75’ (86’) 32’ (36’) 47’ 57’ 32’ (36’) not allowed FAR (SEE B.1) Parcel >= 100,000 sf 1.75 2.0 2.5 1.0 1.0 1.0 1.5 1.70 2.2 1.5 not allowed Parcel < 100,000 sf 1.75 2.0 2.5 1.0 1.5*** 2.5*** 1.5 1.70 2.2 1.5 not allowed REQUIRED MIX OF USES (SEE B.4) Parcels over 120,000 sf None None 50% Commercial/ 50% Residential None BUILDING MODULATION OF TOP FLOORS: PERCENTAGE OF BUILDING FOOTPRINT (SEE B.5) Max Height (Top Floor) 100% 90% 50% None 100% 75% 75% None Top Floor minus 1 Floor 100% 100% 90% None 100% 90% 90% None MAXIMUM FLOOR PLATE (SEE B.6) 35,000 sf 15,000 sf 25,000 sf 15,000 sf MINIMUM AMOUNT OF OPEN SPACE (% OF SITE AREA) (SEE B.8) Site > 80,000 sf 20% 20% 25% None**** 15% 15% 20% 15%***** Site 40,000 sf ‐80,000 sf 15% 15% 20% 15% 12% 12% 15% 12%***** Site < 40,000 sf 10% 10% 15% 10% 7% 7% 10% 7%***** MINIMUM SIZE OF PRIMARY OPEN SPACE* 4,000 sf 4,000 sf 6,000 sf None**** 2,500 sf 4,000 sf 6,000 sf 2,500 sf ***** MINIMUM DEPTH AND MAXIMUM WIDTH OF NON‐OFFICE COMMERCIAL (SEE B.9) Minimum Depth 40 feet None 40 feet None Frontage Width 15’ minimum 60’ maximum None 15’ minimum 60’ maximum None MAXIMUM SIZE OF NON‐OFFICE COMMERCIAL** (SEE B.9) 15,000 sf 15,000 sf 15,000 sf 7,500 sf ACCESS AND PARKING STANDARDS (SEE B.14) See Section 5.B.14 See Section 5.B.14 See Section 5.B.14 See Section 5.B.14 * On small parcels, if the minimum required size of the Primary Open Space is larger than the minimum required open space percentage, no Primary Open Space needs to be provided. ** Any retail space ranging from 10,000 sf to 15,000 sf requires any additional retail adjacent to the retail space to be 5,000 sf or less in size. *** 0.5 FAR must be devoted to space for arts‐related and arts‐compatible uses. Artist live/work could be considered provided the primary space is used for work. **** Open Space on City‐owned property shall be determined through a Development Agreement. ***** No open space requirement for additions to existing buildings in the Conservation ‐ Creative Sector District. DocuSign Envelope ID: 3353A9C8-49A0-4A5E-ADEA-541D9A2BCCD7
156 | CITY OF SANTA MONICA Land Use Regulations and Development Standards Table 5.03(B) Development Standards for Projects that Meet the Definition of Housing Project Development Standards Bergamot Transit Village Conservation: Art Center MU-Creative Conservation: Creative Sector HEIGHT Housing Projects 84’ 55’ 84’ (North of Pennsylvania Ave parcel line or South of Expo Bike Path – 70’) 55’ (north sf Nebraska Ave, south of Pennsylvania Ave, and west of Berkeley St – 70’) 100% Affordable Housing Projects 94’ 65’ 94’ (North of Pennsylvania Ave parcel line or South of Expo Bike Path – 80’) 65’ (north sf Nebraska Ave, south of Pennsylvania Ave, and west of Berkeley St – 80’) FAR (See B.1) Housing Project 4.0 2.50 4.0 (North of Pennsylvania Ave parcel line or South of Expo Bike Path – 3.25) 2.50 (north sf Nebraska Ave, south of Pennsylvania Ave, and west of Berkeley St – 3.25’) 100% Affordable Housing Projects 4.5 3.0 4.5 (North of Pennsylvania Ave parcel line or South of Expo Bike Path – 3.75) 3.0 (north sf Nebraska Ave, south of Pennsylvania Ave, and west of Berkeley St – 3.75) BUILDING MODULATION OF TOP FLOORS: PERCENTAGE OF BUILDING FOOTPRINT (SEE B.5) Max Height (Top Floor) 50% None 75% None Top Floor minus 1 Floor 90% None 90% None MAXIMUM FLOOR PLATE (SEE B.6) 35,000 sf 15,000 sf 25,000 sf 15,000 sf MINIMUM AMOUNT OF OPEN SPACE (% OF SITE AREA)** (SEE B.8) Site > 80,000 sf 25% None 20% 15%***** Site 40,000 sf ‐80,000 sf 20% 15% 15% 12%***** Site < 40,000 sf 15% 10% 10% 7%* MINIMUM SIZE OF PRIMARY OPEN SPACE* 6,000 sf None 6,000 sf 2,500 sf * MINIMUM DEPTH AND MAXIMUM Minimum Depth 40 feet None 40 feet None DocuSign Envelope ID: 3353A9C8-49A0-4A5E-ADEA-541D9A2BCCD7
BERGAMOT AREA PLAN | 157 Land Use Regulations and Development Standards WIDTH OF NON‐OFFICE COMMERCIAL (SEE B.9) Frontage Width 15’ minimum 60’ maximum None 15’ minimum 60’ maximum None MAXIMUM SIZE OF NON‐OFFICE COMMERCIAL** (SEE B.9) 15,000 sf 15,000 sf 15,000 sf 7,500 sf ACCESS AND PARKING STANDARDS (SEE B.14) See Section 5.B.14 See Section 5.B.14 See Section 5.B.14 See Section 5.B.14 * No open space requirement for additions to existing buildings in the Conservation ‐ Creative Sector District. ** On small parcels, if the minimum required size of the Primary Open Space is larger than the minimum required open space percentage, no Primary Open Space needs to be provided. DocuSign Envelope ID: 3353A9C8-49A0-4A5E-ADEA-541D9A2BCCD7
158 | CITY OF SANTA MONICA Land Use Regulations and Development Standards CARMELINA AVENUE CENTINELA AVENUE FRANKLIN STREET WARWICK AVENUE BERKELEY STREET STANFORD STREET STEWART STREET STEWART STREET CLOVERFIELD BOULEVARD Land Use Districts The Bergamot Plan area is divided into four districts that emphasize creative arts and local employment opportunities, cultural enrichment, housing and supportive retail businesses. They differ in their physical character, scale and urban form. The Bergamot Transit Village and the Mixed‐Use Creative District support a wide range of uses and activities. The two Conservation Districts are delineated with specific uses, heights and densities that conserve their existing buildings and uses. Figure 5.01 Land Use Districts Districts Bergamot Transit Village (BTV) Pedestrian Priority Corridor (PPC)** Retail Priority on Ground Floor (RP)** *Overlays not to scale **Applies to first 40 feet of street frontage only COLORADO AVENUE COLORADO AVENUE PENNSYLVANIA AVENUE PENNSYLVANIA AVENUE NEBRASKA AVENUE DocuSign Envelope ID: 3353A9C8-49A0-4A5E-ADEA-541D9A2BCCD7
BERGAMOT AREA PLAN | 159 Land Use Regulations and Development Standards 0 200 400 600 Feet NORTHB.2 Height Limits Maximum building heights are established for Tier I, Tier II and Tier III projects in the Plan area (see Fig. 5.03 for District Building Heights). CARMELINA AVENUE Tier I sets the Base Height, Tier II allows for additional height above the Base Height if substantial community benefits are provided and Tier III allows for additional height above Tier II if additional substantial community benefits are provided. In the Transit Village District and Conservation: Art Center District, the maximum height permitted in Tier I is 32 feet, with additional height up to 39 feet for projects that include a housing component. For Tier II projects, the maximum height is 60 feet. For Tier III projects, a maximum building height of up to 75 feet is permitted, with additional height: • to 81 feet allowed if there is a corresponding percentage decrease in the FAR for the actual building height that is above 75 feet, and • up to 86 feet if the ground floor‐to‐floor height is increased from 13.5 feet up to 18.5 feet. STEWART STREET FRANKLIN STREET BERKELEY STREET STANFORD STREET CENTINELA AVENUE STEWART STREET WARWICK AVENUE Figure 5.02 Building Heights and Floor Area Ratios CLOVERFIELD BOULEVARD COLORADO AVENUE COLORADO AVENUE PENNSYLVANIA AVENUE PENNSYLVANIA AVENUE NEBRASKA AVENUE DocuSign Envelope ID: 3353A9C8-49A0-4A5E-ADEA-541D9A2BCCD7
160 | CITY OF SANTA MONICA Land Use Regulations and Development Standards Not Permitted Not Permitted In the Mixed‐Use Creative District, the maximum height permitted in Tier I is 32 feet, with additional height up to 36 feet permitted for projects that build affordable housing units per the City’s Affordable Housing Production Program. For Tier II projects, the maximum height is 47 feet. For Tier III projects, a maximum building height of up to 57 feet is permitted. In the Conservation: Creative Sector District, only Tier I projects are permitted, with a maximum height of 32 feet, with additional height up to 36 feet for projects that include a live/work component. In the Bergamot Plan area, maximum permitted heights are measured in feet. Other standards use stories rather than a linear dimension to regulate height, including Standard B.3 Transitional Zones, B.5 Building Modulation of Top Floors and B.10 Street‐Based Frontage Standards. This is to provide flexibility to accommodate the different floor‐to‐floor dimensions for residential or commercial buildings. Additional height is permitted in all districts for 100% affordable housing projects as defined in SMMC Section 9.52.020.0050 and housing projects as defined in SMMC Section 9.52.020.1125. B.3 Transitional Zones Where Bergamot Plan area properties face existing residential properties outside the Plan area, the following standard applies. Note that this condition exists in only the following places: (1) facing across Colorado Avenue, (2) facing across Exposition Boulevard and (3) facing alleys between Franklin and Berkeley and between Berkeley and Stanford. Street Frontage. Properties facing across Colorado Avenue and Exposition Boulevard: • Colorado Avenue and Exposition Boulevard are defined as the Complete Street street type (see Figure 5.10). For this street type, the build‐to line is defined as 5 feet back from the property line. • For the first three stories in height, 100% of the building is permitted to be built to the build‐to line. The height of three stories is assumed to be no more than 36 feet. • For the next story, a minimum of 75% of the building shall be set back 10 feet or more from the build‐to line. The height of four stories is assumed to be no more than 47 feet. • For the following story, a minimum of 75% of the building shall be set back 20 feet or more from the build‐to line. The height of five stories is assumed to be no more than 57 feet. • Properties in this district (Mixed‐Use Creative) have a maximum height of 57 feet. Rear Yard. Properties facing alleys between Franklin Street and Berkeley Street and between Berkeley Street and Stanford Street: • Building walls facing alleys shall be set back a minimum of 10 feet from property line. • Properties in this district (Conservation: Creative Sector) have a maximum height of 36 feet. Figure 5.03 Transitional Zone ‐ Street Frontage Figure 5.04 Transitional Zone ‐ Rear Yard DocuSign Envelope ID: 3353A9C8-49A0-4A5E-ADEA-541D9A2BCCD7
BERGAMOT AREA PLAN | 161 Land Use Regulations and Development Standards DocuSign Envelope ID: 3353A9C8-49A0-4A5E-ADEA-541D9A2BCCD7
162 | CITY OF SANTA MONICA Land Use Regulations and Development Standards B.4 Mix of Uses B.4.01 Ratio for Large Projects. For parcels of over 120,000 square feet in area, projects shall provide a mix of commercial and residential uses as shown in Table 5.03. The ratio is expressed in floor area and can vary from the ratio up to 10% in either direction for flexibility. The mix of uses can be achieved as vertical mixed‐use (on top of each other) or horizontal mixed‐use (in neighboring buildings) (see Figure 5.05 for illustration). B.4.02 Ground Floor Commercial. Residential projects shall have a commercial component on the ground floor along street types that require active ground floors (see B.10 Street‐ Based Frontage Standards). B.5B.4 Building Modulation of Top Floors The top two floors of new Tier II or Tier III projects, or housing projects buildings shall adhere to set standards for maximum footprint. They are limited to a percentage of the largest floor plate in the building, which may or may not be the ground floor. One‐ and two‐story buildings are exempt from these standards (see Table 5.03 and refer to Figure 5.06 for illustration). B.6B.5 Maximum Building Floor Plate B.6.01 In order to create an attractive and pleasant environment that is respectful of human scale, floor plates of new buildings are limited to the maximum square footage set in Table 5.03. Figure 5.05 Mix of Uses Figure 5.06 Building Modulation of Top Floors Tier 2 Tier 3 Tier 2 Tier 3 90% 50% 75% 75% 100% 90% 90% 75% 100% 100% 100% 100% Figure 5.07 Maximum Building Floor Plate Vertical Residential Park Modern Building ‐ Seattle, WA. Source: Build LLC SF floor plates (permitted) DocuSign Envelope ID: 3353A9C8-49A0-4A5E-ADEA-541D9A2BCCD7
BERGAMOT AREA PLAN | 163 Land Use Regulations and Development Standards B.7B.6 Restrictions on Parcel Aggregation B.7.01 In the Conservation: Creative Sector District only, existing parcels may not be aggregated with other parcels to create larger parcels. B.8 Open Space Standards These standards require open space for all projects except where exemptions are indicated. Larger open space with additional amenities may be proposed as a Community Benefit for Tier II and III projects. Figure 5.08 Open Space Configurations Usable Open Space Primary Open Space Primary Open Space Usable Open Space B.8.01 Minimum Area. All projects (except for existing buildings in the Conservation ‐ Creative Sector District) are required to provide a minimum amount of open space on‐site. The minimum amount of open space depends on the District, the size of the development site and the Building Tier, as set forth in Table 5.03 (see Figure 5.08 for illustration). B.8.02 Required Dimensions: Primary Open Spaces 40’ Min. able Open Space ared Street vel Lanes mary Open Space Usable Open Space Primary Open Space shall have a minimum average dimension of 40 feet in two opposing directions (see Figure 5.08 for examples of open space configurations). B.8.03 Tier III Design Requirements: For Tier III projects, each project is required to design the open space required in B.8.01 as publicly accessible and usable open space, and shall include at least one Primary Open Space. Primary Open Space is defined as a special open space or plaza that is the most significant in the overall identity of the project. Every applicant shall identify the Primary Open Space in submittal documents. B.8.04 Accessibility and Visibility: All open space shall be directly accessible and visible from a public right‐of‐way, shall be at ground level and open to the sky, except as permitted in B.8.12. B.8.05 Lighting: Illumination levels in open spaces are required to maintain one horizontal foot candle across all walkable and seating areas in the open space, and along sidewalks adjacent to the open space. B.8.06 Amenities: Usable open space shall include the provision of trees and human‐scaled seating, landscaping, shading and lighting to the satisfaction of the Architectural Review Board. B.8.07 Mid‐block Pedestrian Connections: Mid‐block pedestrian connections shall comply with the following: a. The minimum width shall be 16 feet. If the connection serves as fire access, minimum width shall be determined by the Building Code. b. At least one circulation path that is a minimum of 8 feet in width, with amenities such as seating, lighting and trees. Min. Min. Us Pr DocuSign Envelope ID: 3353A9C8-49A0-4A5E-ADEA-541D9A2BCCD7
164 | CITY OF SANTA MONICA Land Use Regulations and Development Standards c. Mid‐block connections may count towards the open space requirement provided they are designed as usable open space and are designed and maintained to exclude automobile traffic. B.8.08 Connection with the Sidewalk: Where open spaces front onto a street, they shall connect to the sidewalk at grade level. Minor changes of elevation of no more than 2 feet are permitted within the first 15 feet back from the edge of sidewalk. Changes of elevation of no more than 4 feet are permitted, provided that the elevated area is located at least 15 feet from the sidewalk. Sunken plazas shall be no more than 18 inches below the street level. All must meet federal ADA guidelines. B.8.09 Placement of Elements Along Sidewalk Frontage: At least 50% of the linear sidewalk frontage of a Primary Open Space is required to be unobstructed by fixed elements, including walls or planters higher than 42 inches, fixed trash receptacles or elements that are permitted elsewhere in the open space. This zone of unobstructed open space shall extend back from the property line a minimum of 15’. Seating, including fixed seating, is permitted in this zone. B.8.10 Active Uses: In order to activate and enliven open space areas, the following shall be required. Active uses are defined in Section B.10 Street‐Based Frontage Standards. a. No less than 50% of building frontages adjacent to Primary Open Spaces shall be composed of active uses, as measured in a linear direction along the perimeter. b. Active uses, open spaces and entries shall be oriented to the Primary Open Space. c. Active uses are permitted to spill out into Primary Open Space if they provide seating and shading. B.8.11 Open Space Furniture and Other Elements: Open space furniture and other elements are permitted to occupy up to a maximum of 40% of the area of a plaza or open space. Allowable features include such items fixed or movable seating, plantings, lights, signage and trash receptacles. B.8.12 Awnings and other Coverings: Permanent coverings associated with buildings, including awnings and bridges, and/or freestanding canopies, such as band shells, shall not cover more than 25% of the square footage of the open space, and shall have a minimum clearance of 8 feet. If overhanging a fire access lane, minimum clearance for coverings shall be established by the Building Code. B.8.13 Primary Open Space – Prohibited Elements: The following shall not be permitted in or directly adjacent to a Primary Open Space. a. Mechanical Systems: Building mechanical systems shall not be exhausted within or at the perimeter of Primary Open Spaces. Mechanical intakes on adjacent building walls shall be installed at a minimum height of 15 feet above the open space grade. b. Auto‐related Elements: Garage entrances, driveways, parking spaces and loading docks. c. Trash or other solid waste storage facilities. B.8.14 Plant Species Types and Irrigation: For planting, trees and irrigation, refer to the City of Santa Monica’s Landscaping Standards. Also, see Chapter 7, Street Standards, for an approved list of tree species by street. B.8.15 Residential Entries: Entries to individual residential units are permitted in open spaces, if they are recessed by at least 5 feet from public or publicly‐accessible private walkways and sidewalks. B.8.16 Ground floor Windows: Glazing on the ground floor shall be transparent and non‐reflective. B.8.17 Fences, Walls and Hedges: Fences, walls and hedges within Primary Open Spaces are permitted with a maximum height of 42 inches. B.8.18 Art Center Open Space: Existing and new development on both the City‐owned parcel and other parcels within the Conservation: Art Center will share open space and contribute to its construction and maintenance as determined in a Development Agreement. Configuration, size and other design parameters will also be determined in the Development Agreement. B.8.19 Off‐Site Alternative: With approval through a discretionary process, 50% of the required open space is allowed to be provided off‐site if it is held in permanent trust as publicly accessible, and if it is located in the Bergamot Plan area. B.9 Minimum Depth of Retail Space Where projects provide spaces for retail establishments at the ground floor, these spaces shall comply with the standards set forth in Table 5.03. DocuSign Envelope ID: 3353A9C8-49A0-4A5E-ADEA-541D9A2BCCD7
BERGAMOT AREA PLAN | 165 Land Use Regulations and Development Standards STEWART STREET CARMELINA AVENUE BERKELEY STREET STANFORD STREET CENTINELA AVENUE FRANKLIN STREET STEWART STREET WARWICK AVENUE B.10 Street‐Based Frontage Standards This section provides street‐based frontage standards for each street type included in the Plan. The standards ensure an integrated approach to the public realm by relating the frontage type of new development to the street type that the building faces. A certain percentage of the external building wall is required to meet the frontage line (build‐to line) to define the street wall. The standards for each street type are designed to be compatible with the character, use and width of the street. The standards in this section govern new construction, remodels, additions and open space on private land. Standards for design and construction of the street right‐of‐way in the Bergamot Plan area can be found in Chapter 7, Street Standards and Guidelines. Street types include Complete Streets, Flexible Streets, Shared‐Space Streets, Landscape Emphasis Streets, and Pedestrian/Bike‐Ped Paths (see Figure 5.09). B.10.1 Integration of Project Features. Tier II and III projects shall integrate on‐site community benefits, such as cultural and community facilities, so that they are consistent with the intent of these standards. CLOVERFIELD BOULEVARD Figure 5.09 Street Frontage Types Complete Street Landscape Emphasis Street Flexible Street Pedestrian Path Shared‐Space Street Pedestrian Priority Corridor* COLORADO AVENUE COLORADO AVENUE PENNSYLVANIA AVENUE PENNSYLVANIA AVENUE NEBRASKA AVENUE DocuSign Envelope ID: 3353A9C8-49A0-4A5E-ADEA-541D9A2BCCD7
166 | CITY OF SANTA MONICA Land Use Regulations and Development Standards B.10.2 Projects with more than one street frontage. Where projects front on two or more streets, the following hierarchy should be followed. From the higher ranked to the lower ranked (first to last) as listed below, both the main and pedestrian entrances of buildings should face 1) Pedestrian Priority Corridor, 2) Flexible Street, 3) Landscape Emphasis Street, 4) Traditional Complete Street, 5) Shared‐Space Street, and 6) Pedestrian Path or Alley. Project applicants should determine the primary façade orientation for their project and indicate it in their application. Main building entries and Primary Open Spaces should be oriented to the higher street in the hierarchy. B.10.3 First Two Stories at Frontage Line. Because the first two stories of a building define the quality of the pedestrian experience, a minimum percentage of the first two stories of all building façades of a project must be located at the build‐to line. Building recesses within 12 feet of the build‐to line are considered for this purpose to be located at the build‐to line. Any stories above the first two floors are not required to adhere to the frontage line (see Table 5.04). One‐story façade frontages qualify if they have a height of 24 feet or greater, as determined by the Director of Planning & Community Development or his/her designee. Accessory buildings, such as kiosks are exempt from this standard. Definitions of Standards: Active Ground Floor: Active Ground Floor uses include retail, restaurant, services, residential (if individual unit entries are oriented along the frontage), lobby entries, offices (if fenestration is provided), workshops (if entries are oriented along the frontage), live/work and community gathering spaces. The minimum percentage established in Table 5.08 refers to the amount of active uses that must occupy the first floor of the building along the street frontage, as expressed in linear feet. Build‐to Line: The build‐to line is set by each street type as a distance to the property line. The building’s front façade is to be built on the build‐to line. Building recesses of up to 12 feet back from the build‐to line are permitted, if they are occupied by landscaping or usable open space. Fenestration at Ground Floor: Exterior walls of ground floor uses facing and within 125 feet of the street frontage line (build‐to line) shall include windows, doors or other openings in the building wall area located between 2.5 and 7 feet above ground level (see Table 5.04 for minimum percentage of fenestration per street type). Ground Floor Height: The minimum Ground Floor Height is established in Table 5.04, measured from the top of the ground floor to the top of the next floor above. Façade Height at Frontage Line: Minimum and maximum façade heights are established per street frontage type and district and are expressed by the number of stories (see Table 5.04, and Section B.2 Height Limits in the Development Standards). Building setbacks (B.5 Building Modulation of Top Floors) shall be observed above this height. See Figure 5.06. DocuSign Envelope ID: 3353A9C8-49A0-4A5E-ADEA-541D9A2BCCD7
BERGAMOT AREA PLAN | 167 Land Use Regulations and Development Standards Table 5.04 Street Frontage Standards STREET FRONTAGE STANDARDS FLEXIBLE STREET COMPLETE STREET* SHARED SPACE STREET* LANDSCAPE EMPHASIS STREET* PEDESTRIAN PATH ACTIVE GROUND FLOOR MIN. % OF ACTIVE GROUND FLOOR 75% 50% 50% 25% 25% MIN. % OF FENESTRATION AT GROUND FLOOR 75% 50% 50% 50% 50% MIN. GROUND FLOOR‐ TO‐FLOOR HEIGHT 18’ 15’ 12’ 15’ NA BUILDING MASS FAÇADE HEIGHT AT FRONTAGE LINE** Minimum = 2 Stories Max (BTV) = 5 Stories Max (MUC) = 3 Stories Minimum = 2 Stories Max (BTV) = 5 Stories Max (MUC) = 3 Stories Minimum = 1 Story Max (BTV) = 5 Stories Max (MUC) = 3 Stories Minimum = 2 Stories Max (BTV) = 5 Stories Max (MUC) = 4 Stories NA MIN. % OF FIRST 2 STORIES OF BUILDING AT FRONTAGE LINE 90% 70%*** 75% 75% 50% NA BUILD‐TO LINE Property Line Set Back 5’ from Property Line Property Line Set Back 10’ from Property Line NA * On streets within the Pedestrian Priority Corridor, Street Frontage Standards are equivalent to Flexible Street Standards ** BTV = Bergamot Transit Village (5 Stories = Maximum 60’) MUC = Mixed‐Use Creative District (3 Stories = Maximum 36’) *** When usable and publicly accessible open space is provided along the street frontage on Nebraska Avenue DocuSign Envelope ID: 3353A9C8-49A0-4A5E-ADEA-541D9A2BCCD7
168 | CITY OF SANTA MONICA Land Use Regulations and Development Standards Street Type Descriptions and Additional Standards: B.10.A Flexible Street Intent: The Flexible Street type is a pedestrian‐oriented activity street. In the Mixed‐Use Creative District, the Flexible Street type includes parcels facing Nebraska Avenue. In the Transit Village, the Flexible Street type includes a new extension of Nebraska Avenue. As shown in Figure 5.9, the Flexible Street standards also apply to all new development facing the Pedestrian Priority Corridor. These streets will have ground floor frontages with the highest percentage of active uses in the Bergamot Plan area. Retail activities are concentrated along this corridor, along with other varied uses, including creative offices and live/work studios. The Flexible Street type streets will have the most continuous street walls in the Bergamot Plan area, punctuated by green open spaces enhanced by restaurants and cafés. Because this corridor belongs to both the Transit Village and the Mixed‐Use Creative District, the maximum height of the buildings varies (see Table 5.03 and see Figure 5.10 for illustration). B.10.A.01 The build‐to line is defined as at the property line. B.10.A.02 The first and second floors of the building shall be oriented parallel to the frontage line. The upper floors are encouraged but not required to follow the same orientation. Figure 5.10 Flexible Street B.10.A.03 Entries to individual residential units are permitted if there is a recess of at least 5 feet from the sidewalk. B.10.A.04 Up to 30% of frontage along the Flexible Street may be publically accessible open space. This open space should be the project’s Primary Open Space. Also see Open Space Standards in Section B. B.10.A.05 Parking areas or garages are not permitted to front on the street. B.10.A.06 To reduce the number of curb‐cuts, no entries to parking areas or garages shall be located on the Pedestrian Priority Corridor, unless no other right‐of‐way access exists, as determined by the Planning & Community Development Director or his/her designee. B.10.A.07 Garage entrances, driveways, parking spaces, loading docks and solid waste storage facilities are not permitted along the Flexible Street type streets. B.10.A.08 Glazing shall be transparent and non‐ reflective. B.10.A.09 Walls and fences along the street frontage shall have a maximum height of 42 inches. DocuSign Envelope ID: 3353A9C8-49A0-4A5E-ADEA-541D9A2BCCD7
DocuSign Envelope ID: 3353A9C8-49A0-4A5E-ADEA-541D9A2BCCD7
164 | CITY OF SANTA MONICA Land Use Regulations and Development Standards B.10.B Complete Street Intent: While the Complete Street type in the Bergamot Plan area applies to streets that are focused on carrying vehicular traffic, these streets will accommodate bicycle and pedestrian traffic as well. Development along these streets should create a pleasant pedestrian environment by means of street improvements, building entries, entry courts and interesting frontages. Complete Street frontages are not expected to have a significant amount of retail, but should have mostly active uses and a continuous street wall (see Figure 5.11 for illustration). B.10.B.01 The build‐to line is defined as being set back 5 feet from the property line to provide more width for sidewalks and landscaping. B.10.B.02 The first two floors of the building shall be oriented parallel to the frontage line. The upper floors are encouraged but not required to follow the same orientation. B.10.B.03 Main entrances should be oriented to the street. Entries to individual residential units are permitted if there is a recess of at least 5 feet from the sidewalk. B.10.B.04 Up to 25% of frontage along a Complete Street may be publicly accessible open space. Primary Open Space oriented to Complete Streets can be offset from the street, but visible and direct access should be provided. Also see Open Space Standards in Section B.8. B.10.B.05 Parking areas at or above grade shall be screened from the frontage street by active uses. B.10.B.06 Entries to parking areas or garages are permitted along Complete Street type streets. Driveways shall be grouped together to minimize curb cuts, and limited such that there is no more than one curb cut per 100 feet. Figure 5.11 Complete Street B.10.B.07 Glazing shall be transparent and non‐ reflective. B.10.B.08 The maximum height of walls and fences along the street frontage is 42 inches, and they shall be designed to add visual interest to the pedestrian experience. DocuSign Envelope ID: 3353A9C8-49A0-4A5E-ADEA-541D9A2BCCD7
BERGAMOT AREA PLAN | 165 Land Use Regulations and Development Standards B.10.C Shared‐Space Street Intent: The Shared‐Space Street type in the Bergamot Plan area applies to streets that allow pedestrians, bicyclists and automobiles to share space (see Chapter 7, Section D Shared‐Space Street). The pace of the Shared‐Space Street will be slow and leisurely. A mix of uses that are as flexible as possible will provide an environment for multimodal and interpersonal mixing and mingling: workers and residents, artists and teachers. Development standards for Shared‐Space Streets are intended to support the innovative and more intimate character of this street type (see Figure 5.12 for illustration). B.10.C.01 The build‐to line is defined as at the property line. B.10.C.02 The first floor of the building is encouraged but not required to be oriented parallel to the frontage line. B.10.C.03 Retail uses should front on the street and/ or be located at the corners of buildings (see Retail Standards in Section B.9). B.10.C.04 Up to 25% of frontage along a Shared‐ Space Street may be publicly accessible open space. This open space shall directly connect to the street and complement the streetscape. Active uses should frame these open spaces whenever possible. Also see Open Space Standards in Section B.8. B.10.C.05 Parking areas or garages are not permitted to front the street. B.10.C.06 The number and size of entries to parking areas or garages shall be minimized on Shared‐Space Streets, and their design should be integrated with the streetscape. B.10.C.07 Loading docks and solid waste storage facilities are not permitted along the Shared‐Space Street. B.10.C.08 Glazing shall be transparent and non‐ reflective. B.10.C.09 Walls and fences along the street frontage shall have a maximum height of 42 inches. Figure 5.12 Shared‐Space Street DocuSign Envelope ID: 3353A9C8-49A0-4A5E-ADEA-541D9A2BCCD7
166 | CITY OF SANTA MONICA Land Use Regulations and Development Standards B.10.D Landscape Emphasis Street Intent: The Landscape Emphasis Street type consists of a section of Olympic Boulevard between Stewart and Centinela, which will be a green boulevard. Because the scale of Olympic Boulevard is large and it is a primarily auto‐oriented street in this area, the buildings on this frontage should be balanced by more generous landscaping (see Figure 5.13 for illustration). B.10.D.01 The build‐to line is defined as being set back 10 feet from the property line to allow for landscaping and sidewalks. For buildings not parallel to the property line, the minimum setback of 10 feet applies to the building corner closest to the property line. B.10.D.02 Along Olympic Boulevard, buildings are not required to be oriented parallel to the frontage line. B.10.D.03 Where there are not active ground floor uses, the setback shall be landscaped with attractive, drought‐tolerant vegetation and structures shall include a well‐ detailed building façade that responds to the pedestrian scale. B.10.D.04 Major building entrances shall face the street. B.10.D.05 Retail uses shall front the street and be located at building entries or building corners. Also see Retail Standards in Section B.9. B.10.D.06 Entries to individual residential units are permitted if there is a recess of at least 5 feet from public walkways or sidewalks. B.10.D.07 Up to 50% of frontage along the Landscape Emphasis Street may be dedicated to open space. Primary Open Space for the Landscape Emphasis Street type can be offset from the street, but visible and direct access should be provided. Also see Primary Open Space Standards in Section B.8. B.10.D.08 Parking areas or garages are not permitted to front on the street. B.10.D.09 No entries to parking areas or garages shall be located on the Landscape Emphasis Street, unless no other right‐of‐ way access exists. B.10.D.10 Glazing on the ground floor shall be transparent and non‐reflective. B.10.D.11 The maximum height of walls and fences along the street frontage is 42 inches, and they shall be designed to add visual interest to the pedestrian experience. Figure 5.13 Landscape Emphasis Street DocuSign Envelope ID: 3353A9C8-49A0-4A5E-ADEA-541D9A2BCCD7
BERGAMOT AREA PLAN | 167 Land Use Regulations and Development Standards Figure 5.14 Pedestrian Path B.10.E Pedestrian Path/Bike‐Ped Path Intent: The Pedestrian Path and Bike‐Ped Path throughway type in the Bergamot Plan area applies to a network of internal and through‐block connections. It also applies to new development along the Expo Regional Bike Path and along alleys. New development along any Pedestrian Path/Bike‐Ped Path is required to be arranged so as to make the path feel safe, active and inviting. Pedestrian Path/Bike‐Ped Paths of different developments should be interconnected to form a network throughout the area (see Figure 5.14 for illustration). B.10.E.01 For Tier III projects, all new development shall provide a through‐block publically accessible Pedestrian Path or Bike‐Ped Path as shown on the Bergamot Street Network map. This can be combined with required fire access. B.10.E.02 Active uses, open spaces and entries along Pedestrian Path/Bike‐Ped Paths shall be oriented to the Pedestrian Path/Bike‐Ped Path. B.10.E.03 Garage entrances, driveways, parking spaces, loading docks and solid waste storage facilities are not permitted along Pedestrian Path/Bike‐Ped Paths. B.10.E.04 Fences along Pedestrian Path/Bike‐Ped Paths up to 42 inches are only permitted if made of a sufficiently transparent material for natural surveillance of the path. For example, fences can be metal pickets spaced apart. Chain link fencing is discouraged. Operable gates (open to the private side) must be provided. DocuSign Envelope ID: 3353A9C8-49A0-4A5E-ADEA-541D9A2BCCD7
168 | CITY OF SANTA MONICA Land Use Regulations and Development Standards B.11 Flexible Development Standards In unique circumstances, a proposed project may support the life and activities of the sidewalk and community even though it cannot meet the Development Standards. Projects that cannot meet the Development Standards should still be considered, if the authorized review entity determines that a flexible approach to design promotes design creativity, architectural innovation and the vital sidewalk life and activity of both the site of the project and the overall street setting. See table 5.05 for mandatory and flexible design standards following this track. When design flexibility is sought, the following considerations must be established and stated as findings by the appropriate review entity. a. That meeting all development standards will prevent physical innovation in mixed‐use development and/or building design; Table 5.05 Flexible Development Standards b. That the proposed design reinforces and enhances the establishment of mixed‐ use pedestrian‐oriented environment and sidewalk life in the Transit Village and Mixed‐ Use Creative Districts; c. That the proposed design supports local uses, including, but not limited to the provision of housing, daily community needs and/or services, and/or public open space and green connections to adjoining neighborhoods; d. That the proposed design integrates features and amenities, including, but not limited to wider sidewalks, landscaping and trees and/or arts and cultural uses; and e. That, where relevant, the proposed design maintains solar access for existing, adjacent or adjoining residential land uses. B.12 Non‐Conforming Uses and Standards The Zoning Ordinance of the City of Santa Monica includes regulations governing modification and expansion of non‐conforming buildings and uses. Properties in the Bergamot Plan area are subject to those regulations with the exception of the following provisions. These provisions are intended to support Bergamot Area Plan goals by allowing existing non‐ conforming buildings and uses to remain and adapt to changing needs while retaining desired architectural character. B.12.01 Bergamot Transit Village/Mixed‐Use Creative District Pedestrian access: If a building is repurposed with a conforming use but has an existing uninterrupted façade of over 300 feet in length and previously contained a use not permitted in this plan (non‐ conforming use), the building shall be modified to provide a pedestrian throughway at the ground level, with a minimum 12 feet in width and minimum height clearance of 12 feet. The pedestrian throughway entrance shall be located not less than 300 feet from the nearest perpendicular street and shall be visible from the sidewalk. All throughways shall be perpendicular to the two longest building sides and shall not be considered floor area for purposes of calculating FAR. Landscaping that meets the intent of the Design Guidelines shall be provided subject to Architectural Review Board approval. The throughway shall be well‐lit, remain visually unobstructed and shall be maintained per the approved landscape plan. FLEXIBLE DEVELOPMENT STANDARDS MANDATORY FLEXIBLE FLOOR AREA RATIO (FAR) • HEIGHT LIMITS • TRANSITIONAL HEIGHT ZONES • MIX OF USES • BUILDING HEIGHT MODULATION OF TOP FLOORS • MAXIMUM BUILDING FLOOR PLATE • OPEN SPACE STANDARDS • RETAIL DESIGN STANDARDS • STREET‐BASED FRONTAGE STANDARDS • DocuSign Envelope ID: 3353A9C8-49A0-4A5E-ADEA-541D9A2BCCD7
BERGAMOT AREA PLAN | 169 Land Use Regulations and Development Standards B.12.02 Conservation: Creative Sector (CCS) and Conservation: Art Center (CAC) Districts a. The addition of mezzanines within the envelope of a building in existence as of January 1, 2013 shall not count as floor area for the purpose of calculating FAR. b. The State Historic Building Code may be applied to buildings in existence as of January 1, 2013, with all determinations subject to approval of the City’s Building Official. B.13 Bergamot Area Plan Special Signage Chapter 4.D, Art and Culture sets forth goals and policies for the Plan area that seek to build on the area’s creative and historic assets; promote the area’s continued evolution “with a unique, creativity‐based identity;” and attract “creative entrepreneurs that contribute to the area’s economic health.” These Special Signage standards address the Art and Culture goals in this plan by allowing flexibility from the city‐ wide sign code for unique business identification signage that achieves more interest and diversity, and which contributes to the overall creative identity of the area as described and defined elsewhere in the Plan. Signs that may exceed the Sign Code’s specifications, which generally ensure reasonable and visible signs in the city, are desirable and appropriate for the districts that comprise the Plan area, provided certain specific, objective standards are still met. In general, sign permits in the Bergamot Plan area shall be issued subject to the standards and process set forth in the Municipal Code (SMMC 9.52 ‐ Sign Code). However, the size and locational restrictions of SMMC 9.52.140, sign type restrictions of SMC 9.52.150 and the area restrictions in SMMC 9.52.160 may be modified for Bergamot Area Plan Special Signage, based on criteria that will be added to the sign code. B.13.01 Adopt Bergamot Area Plan Special Signage provisions in Santa Monica sign code. B.14.A Parking and Loading Standards and Transportation Demand Management This section includes standards applicable to all projects within the Plan area for automobile and bicycle parking, as well as participation in trip reduction strategies. The automobile parking standards begin with requirements for non‐residential uses, followed by residential uses and then by regulations that are generally applicable and not based on land use. This is followed by bicycle parking and loading standards for all uses. The last sub‐section institutes requirements related to establishment and participation in Transportation Demand Management (TDM) measures and the Transportation Management Association (TMA). B.14.A Automobile Parking Requirements Parking requirements shall be set forth in Chapter 9.28, Parking, Loading, and Circulation, of the Santa Monica Municipal Code. Bergamot Plan‐specific automobile parking minimums and maximums have been developed for commercial and residential uses, with the long‐term goal of developing an average parking supply rate of 2.0 spaces per 1,000 square feet at full build‐out. Where DocuSign Envelope ID: 3353A9C8-49A0-4A5E-ADEA-541D9A2BCCD7
170 | CITY OF SANTA MONICA Land Use Regulations and Development Standards parking is referred to as “shared,” the intention is that it is designed and operated in a way that allows its use by those living or working on the property where the parking is provided, by those living nearby or employed in other area businesses, and by visitors to the area who are not there on a regular basis. The parking requirements are different depending on the implementation phase of the Bergamot Plan. Three phases are assumed—the first at Plan adoption, the second at 2,500 net new spaces, and finally when a minimum of 5,000 net new spaces have been built— with parking rates ratcheting down to ensure that the target rate is achieved at build‐out. It is assumed that parking demand will be higher in the early years of district development than in later years, based on aggressive area‐wide implementation of TDM and achievement of vehicle trip reduction targets through stronger transit, bicycle and pedestrian facilities. Also, it is assumed that early projects will provide more parking to allow for sharing with adjacent uses. Over the long run, the total commercial parking ratio should not be more than 2.0 spaces per 1,000 square feet. In the short run, individual projects may be higher, up to 4.0 spaces per 1,000 square feet. “Net New Spaces” are defined as the total increased number of off‐street parking spaces built in the whole Bergamot Plan area above the base number that is documented in this Plan. Where reserved parking is necessary, parking may be reserved for residential tenants of a building or for off‐ site users at the property owner’s discretion. In shared parking spaces, signage designating specific users shall not be allowed. DocuSign Envelope ID: 3353A9C8-49A0-4A5E-ADEA-541D9A2BCCD7
BERGAMOT AREA PLAN | 171 Land Use Regulations and Development Standards Commercial Parking Standards: The definition of commercial uses in the Bergamot Plan area includes all uses that are non‐residential. Grouping retail, office, creative businesses and supporting services under the broad definition of a commercial use allows simplified parking standards, and facilitates the opportunity for district‐wide shared parking among land uses of different sizes and peak and non‐peak hours of commuting. Commercial standards are summarized in Tables 5.06 and 5.07. See also sub‐section B14.A.07 for parking requirements applicable to changes of use in an existing building and sub‐sections B.14.A.03 and B.14.A.04 for exemptions for minor additions and in the Conservation districts. Table 5.06 Tier 1 & Tier 2 Bergamot Plan Area Commercial Parking Reqirements per 1,000 Square Feet REQUIRED MAXIMUM WITH VOLUNTARY SHARED PARKING At Plan Adoption 2.0 4.0, of which no more than 2.0 may be reserved At 2,500 Net New Spaces 2.0 3.0, of which no more than 1.5 may be reserved At 5,000 Net New Spaces 0.0 2.0, of which no more than 1.0 may be reserved Table 5.07 Tier 3 Bergamot Plan Area Commercial Parking Reqirements per 1,000 Square Feet B.14.A.01 Parking Requirements At Plan Adoption a. Tier 1 and Tier 2 projects: 2.0 parking spaces per 1000 SF shall be required, which may be reserved or voluntarily shared with the public. More than 2.0 spaces/thousand square feet shall be permitted up to a maximum 4.0 spaces per 1,000 square feet per Table 5.05, provided that the additional portion over 2.0 per 1000 SF shall be shared with the public. b. Tier 3 projects: A minimum of 2.0 spaces per 1,000 square feet are required. Of the 2.0 required spaces, a minimum of 1.0 space per 1000 SF shall be shared and a maximum of 1.0 space per 1000 SF may be reserved. No more than 4.0 spaces per 1,000 square feet shall be built, and a maximum of 2.0 spaces may be reserved. i. Notwithstanding the above, the number of existing parking spaces in a Tier 3 project in excess of the required 2.0 per 1000 SF, may be maintained for the use of on‐site tenants for the first five years following initial occupancy, after which 50% of those spaces shall also be shared in the same manner as the other shared spaces. B.14.A.02 Parking Requirements At 5,000 Net New Spaces: Once 5,000 net new spaces have been constructed, no minimum amount of parking is required for Tier 1, Tier 2, or Tier 3 projects; however, the following shall be instead required: a. Prior to issuance of building permits, the applicant shall join the Transportation Management Association (TMA) and record a deed restriction agreeing to require all building tenants to become members of the TMA for not less than 25 years; b. Prior to issuance of building permits, the applicant shall remit an additional payment to the TMA for the operation and maintenance of shared parking facilities and implementation of vehicle trip reduction measures in an amount to be determined by resolution of the City Council in compliance with applicable law; and c. Required TMA membership shall be included as a separate line item in all applicable leases. REQUIRED MAXIMUM At Plan Adoption 2.0, of which at least 1.0 must be shared 4.0, of which no more than 2.0 may be reserved At 2,500 Net New Spaces 2.0, of which at least 1.0 must be shared 3.0, of which no more than 1.5 may be reserved At 5,000 Net New Spaces 0.0 2.0, of which no more than 1.0 and no more than 50% of any parking provided may be reserved DocuSign Envelope ID: 3353A9C8-49A0-4A5E-ADEA-541D9A2BCCD7
172 | CITY OF SANTA MONICA Land Use Regulations and Development Standards B.14.A.03B.14.A.02 Exemption, Minor Additions: Additions of up to 500 square feet of gross floor area to existing buildings are exempt from the parking requirements, but may not reduce the number of parking spaces already provided on the property in completing the project. This exemption may only be applied once to a property. Projects receiving this exemption shall provide secure bicycle parking as required by Table 5.11. B.14.A.04 Exemptions, Conservation Districts: Notwithstanding the above, the following exemptions from the parking requirements shall apply for buildings in existence as of January 1, 2013 in: a. The Conservation: Creative Sector (CCS) District: i. Additions up to 2,500 square feet, provided that the project does not remove more than 50% of the exterior walls and structural supports and that the project does not reduce the number of parking spaces already provided on the property. ii. The addition of mezzanines as defined in the Zoning Ordinance within the existing building envelope. b. The Conservation: Art Center (CAC) District: The addition of mezzanines within the existing building envelope. c. Projects exempted from providing automobile parking per (a) and (b) above shall provide secure bicycle parking as required by Table 5.11. d.a. Prior to issuance of building permits for projects utilizing the parking exemption in a conservation district, the applicant shall join the TMA and record a deed restriction agreeing to require all building tenants to become members of the TMA for not less than 25 years. Required TMA membership shall be included as a separate line item in all applicable leases. B.14.A.05B.14.A.03 Use of Tandem or Stacked (including mechanically‐stacked) Spaces: Tandem and/ or stacked parking shall be permitted for non‐ residential uses with the condition that valet parking, or automated vehicle release for stacked parking, is provided during all hours of operation. Tandem spaces shall have a minimum size of 8.5 feet by 34‐36 feet. B.14.A.06B.14.A.04 Charging for Parking Required: a. Cost to be Unbundled: All commercial parking spaces shall be unbundled from the cost of a leased commercial space, and the cost of the parking space shall be included as a separate line item in the commercial space lease. b. Parking Pricing: All shared parking spaces shall be priced at an hourly or daily rate per B.14.A.15. If shared parking spaces are leased on a monthly basis, the monthly rate shall not be less than twenty (20) times the applicable daily rate. The rate charged to local employees may vary from those of park‐and‐ride transit users in order to prioritize TMA business needs. A variable parking rate for off‐peak hours may also be introduced. DocuSign Envelope ID: 3353A9C8-49A0-4A5E-ADEA-541D9A2BCCD7
BERGAMOT AREA PLAN | 173 Land Use Regulations and Development Standards B.14.A.07 Parking for Changes of Use of Existing Buildings: When the use of a building in existence as of January 1, 2013, or portion thereof, is proposed to change to a different commercial use or residential use, the following shall apply: B.14.A.08 For projects changing the use of up to 5,000 square feet of floor area: The project shall retain the existing number of parking spaces, except as permitted in sub‐section B.14.A.18. B.14.A.09 For projects changing the use of more than 5,000 square feet of floor area: Parking shall be provided at the greater of: a) retention of the existing number of parking spaces, or b) the requirement for the entire property per Tables B.14.A.10 5.06 and 5.07. Only in the case that retained parking is in excess of the parking requirements of this plan may parking spaces be converted for bicycle parking per sub‐section B.14.A.18. B.14.A.11 Changes of use through multiple applications within a five‐year period shall be considered as one cumulative project for purposes of this section. DocuSign Envelope ID: 3353A9C8-49A0-4A5E-ADEA-541D9A2BCCD7
172 | CITY OF SANTA MONICA Land Use Regulations and Development Standards Residential Parking Standards: All residential uses are assumed to consist of multi‐ family units of various size and number of bedrooms. By having both a base parking requirement and a maximum, developers can build the right amount of parking to serve each development. Residential standards are summarized in Tables 5.08 and 5.09. See SMMC Chapter 9.22, State Density Bonus, for alternative parking ratios. B.14.A.12 Parking Requirements at Plan Adoption a. Tier 1 and Tier 2 projects: For both residential rental and for‐sale projects, a minimum of 1.5 spaces per residential unit shall be provided, regardless of unit size or number of bedrooms, and 1.0 space per unit must be reserved. No more than 2.0 spaces per unit shall be built, of Table 5.08 Tier 1 & Tier 2 Bergamot Plan Area Residential Parking Reqirements per Unit REQUIRED MAXIMUM WITH VOLUNTARY SHARED PARKING At Plan Adoption 1.5, of which at least 1.0 must be reserved 2.0, of which no more than 1.5 may be reserved At 5,000 Net New Spaces 1.0 1.5, of which no more than 1.0 may be reserved Table 5.09 Tier 3 Bergamot Plan Area Residential Parking Reqirements per Unit REQUIRED MAXIMUM At Plan Adoption 1.5, of which at least 1.0 must be reserved and 0.5 must be shared 2.0, of which no more than 1.5 may be reserved At 5,000 Net New Spaces 1.0, which must be shared 1.5, of which no more than 0.5 may be reserved which only 1.5 spaces may be reserved. b. Tier 3 projects: For both residential rental and for‐sale projects, a minimum of 1.5 spaces per unit shall be provided regardless of unit size or number of bedrooms. Of the 1.5 required spaces, a minimum of 0.5 spaces per unit shall be shared and a maximum of 1.0 space per unit shall be reserved. No more than 2.0 spaces per unit shall be built, of which only 1.5 spaces may be reserved. B.14.A.13 Parking Requirements at 5,000 Net New Spaces: Once 5,000 net new spaces have been constructed, Tier 1 and Tier 2housing projects must provide a minimum of 1.0 space per unit, which may be reserved or shared. Tier 3 projects must provide a minimum of 1.0 space per unit of shared parking. B.14.A.10 B.14.A.04 Tandem Parking Prohibited: Residential tandem parking shall not be permitted. B.14.A.11 B.14.A.05 Charging for Parking Required: a. Cost to be Unbundled: Payment for residential parking spaces shall be unbundled from the cost of rent or purchase, except in the case of for‐sale units with 3 bedrooms or more, which are allowed to include 1 parking space in the base cost of the unit. b. Parking Pricing: All parking spaces shall be priced at an hourly or daily rate per B.14.A.15. If parking spaces are leased on a monthly basis, the monthly rate shall not be less than twenty (20) times the applicable daily rate. The rate charged to residents and TMA members may vary from those of park‐and‐ride transit users in DocuSign Envelope ID: 3353A9C8-49A0-4A5E-ADEA-541D9A2BCCD7
BERGAMOT AREA PLAN | 173 Land Use Regulations and Development Standards order to prioritize resident needs. A variable parking rate for off‐peak hours may also be introduced. c. Parking for Deed‐Restricted Affordable Units: For deed‐restricted affordable units, the tenant may choose to either receive one parking space, which shall be included within the unit’s affordable rent level, or receive a rent discount equivalent to half the amount charged for monthly lease of a parking space, in exchange for not receiving a parking space. Tenants of affordable units shall not be permitted to sub‐ lease their parking spaces. B.14.A.12 B.14.A.06 On‐street Parking Permits Prohibited. All residential projects shall record deed restrictions stating that residents shall not participate in surrounding preferential parking districts. This restriction shall be included in all residential leases. DocuSign Envelope ID: 3353A9C8-49A0-4A5E-ADEA-541D9A2BCCD7
174 | CITY OF SANTA MONICA Land Use Regulations and Development Standards General Parking Standards: B.14.A.13 Alternatives to Providing On‐site Parking at 2,500 Net New Parking Spaces: As an alternative to providing a project’s required parking on‐site, applicants may fulfill their minimum parking requirements by joining the Transportation Management Association (TMA), recording a deed restriction agreeing to require all building tenants to become members of the TMA for not less than 25 years, and including a separate line item in all leases requiring TMA membership. In addition, applicants shall comply with one of the following: a. Shared Parking with lease: Submitting a shared parking agreement with the owner(s) of one or more parking facilities within 1,000 linear feet, agreeing to share parking that had previously been reserved for the use of on‐site tenants that is demonstrated to be underutilized based on a parking demand study. The agreement should stipulate provisions regarding access to, use of and management of the designated spaces. In order to ensure that the applicant is adhering to the agreement, a monitoring and enforcement process will need to be established. b. Shared Parking without lease: Demonstrating that with the completion of the proposed project and that of other projects with building permits issued and under construction within 1,000 linear feet of the subject property, the average non‐residential parking ratio of all properties within 1,000 linear feet will be at or above 2.0 spaces per 1,000 square feet; and I. Prior to issuance of building permits, the applicants shall also remit an additional payment to the TMA for the operation and maintenance of shared parking facilities and implementation of vehicle trip reduction measures that will serve the project in an amount to be determined by resolution of the City Council in compliance with applicable law. c. For changes of use in an existing building and projects with a gross floor area of 15,000 square feet or less: Prior to issuance of building permits, payment of a per‐space in‐lieu fee to be used for vehicle trip demand‐reducing improvements in the Bergamot Plan area as determined by resolution of the City Council in accordance with applicable law. d. For Projects with a gross floor area of 15,000 square feet or more: Prior to issuance of building permits, payment of a per‐space in‐ lieu fee for up to 50% of the total number of spaces required to be used for improvements in the Bergamot Plan area as determined by resolution of the City Council in accordance with applicable law. B.14.A.14 B.14.A.08 Carsharing Spaces: Once a carshare provider is present in Santa Monica, the following shall apply: a. Tier I and II: one required parking space may be used as a carsharing space for the first 50‐200 residential units plus one additional space for every additional 200 units. For non‐residential uses, one required parking space may be used as a carsharing space for every 50 required parking spaces. b. Tier III: Development agreements for Tier III shall require carsharing spaces with a minimum of one space for every 200 residential units and one space for every 50 non‐residential spaces. Carsharing spaces may be redesignated as shared parking if there is no longer a carshare provider present in Santa Monica. B.14.A.15 B.14.A.09 Parking Pricing: In all Plan area parking lots established after Plan adoption, a minimum daily parking fee of not less than $8 shall be charged, with the hourly rate not more than 1/8th the daily rate. This rate shall be adjusted annually based on the CPI rate utilized by the City. To achieve a balanced parking system and optimal utilization targets, the fee shall be adjusted upward from the minimum for high demand street segments and facilities, as determined by the Director of Planning & Community Development or his/her designee, to promote turnover in the most frequently utilized street segments and facilities. B.14.A.16 B.14.A.10 Technology for Shared Parking: Pay station technologies that accept credit cards, debit cards and pay‐by‐phone shall be installed in all shared parking facilities. Parking facilities shall have auditable payment and utilization technologies, including automated DocuSign Envelope ID: 3353A9C8-49A0-4A5E-ADEA-541D9A2BCCD7
BERGAMOT AREA PLAN | 175 Land Use Regulations and Development Standards utilization counting and the ability to distinguish between different parking users, with utilization data DocuSign Envelope ID: 3353A9C8-49A0-4A5E-ADEA-541D9A2BCCD7
174 | CITY OF SANTA MONICA Land Use Regulations and Development Standards Table 5.10 06 Ridesharing and Zero‐Emission Vehicle Parking Requirements updated and transmitted in real time for use by third parties. Parking facilities shall be designed and constructed to accommodate necessary current or future access controls. B.14.A.17B.14.A.11 Designated Parking Spaces: Developments that provide shared and/or commercial parking shall provide designated parking for zero‐emission vehicles with EV recharging capability and carpool/vanpool vehicles, as shown in Table 5.10. These spaces shall be included in the minimum required parking. EV recharging may be fee based. B.14.A.18B.14.A.12 Conversion of automobile spaces to bicycle parking: For existing buildings, required automobile parking spaces may be replaced with bicycle parking at a minimum ratio of one automobile parking space for every eight short‐term, five long‐term or six combined short‐ and long‐term bicycle parking spaces. No more than 10% of the total number of automobile parking spaces on the property may be replaced in this manner. For buildings with fewer than 10 automobile parking spaces, one required automobile parking space may be replaced in this manner if no other suitable location for bicycle parking exists on the property as determined by the Director of Planning & Community Development or his/ her designee. B.14.A.19B.14.A.13 Driveway Location: Driveways shall not be permitted if alley access is available. B.14.A.20B.14.A.14 Parking Access: A parking access plan shall be submitted for the approval of the Director of Planning & Community Development or his/ her designee that demonstrates satisfaction of the following: a. Appropriate number and location of entries and exits b. Minimal conflict with pedestrian and bicycle paths of travel c. Adequate internal circulation d. Access control designed to accommodate peak demand without causing vehicle queuing in the public right‐of‐way e. Signage for drivers and pedestrians B.14.B Bicycle Parking Standards Providing an adequate supply of bicycle parking at all destinations is critical in the Plan area to encourage bicycle use and reduce auto travel for all types of trips. Requirements in Table 5.11 are broken down into short‐ and long‐term parking requirements. Short‐ term bicycle parking is designed for parking needs of less than three hours, while long‐term bicycle parking is designed for parking needs over three hours. B.14.B.01 Commercial Use Requirements: All new buildings or structures, substantial remodels, additions and changes of use to an existing building shall provide bicycle facilities per Table 5.11. Total Number of Shared and Commercial Parking Spaces Provided Number of Required Carpool/ Vanpool Spaces Number of Zero- Emission Spaces 0—9 0 0 10—25 1 1 26—50 2 2 51—75 3 3 76—100 4 4 101—150 6 5 151—200 8 8 201 and over At least 4% of total At least 4% of total DocuSign Envelope ID: 3353A9C8-49A0-4A5E-ADEA-541D9A2BCCD7
BERGAMOT AREA PLAN | 175 Land Use Regulations and Development Standards B.14.B.02 Residential Requirements: All new buildings or structures and substantial remodels with five or more dwelling units shall provide bicycle facilities per Table 5.11. Hotel guest rooms and work/live units shall also be subject to the residential requirements. B.14.B.03 Mixed‐Use Requirements: In instances where a building contains components of more than one of the aforementioned categories, the requirements shall be based on the sum of the individual uses per Table 5.11. B.14.B.04 Design Requirements: a. Short‐term bicycle parking shall be provided using bicycle racks that are securely anchored to the ground and to which the bicycle frame and at least one wheel can be securely locked to the rack. Table 5.11 07 Bike Parking Standards b. Long‐term parking shall be fully enclosed to protect bicycles from weather. Acceptable installations include, but are not limited to: bicycle rooms, bike cages, attended roofed/ indoor bicycle facilities and bike lockers. Unattended shared facilities shall include racks designed per (a), above. B.14.B.05 Location: a. All required bicycle racks shall be located as close as practicable to the entrance of the facility served. Short‐term bicycle racks must be located no more than 25 feet from a primary building entrance. b. Not less than 10% of the required short term bicycle parking or four spaces, whichever is more, must be provided on site. In lieu of providing the remainder of the short‐term parking on site, the applicant 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 bike racks for the life of the project. ii. Pay a fee per space to be established by City Council resolution including the cost of rack and installation. The City will install racks in the most appropriate location and configuration near the subject property per the Street Standards (see Chapter 7). B.14.B.06 Signage: Where bicycle parking is not visible from the street, clear and visible signage leading to the bicycle parking shall be provided. B.14.B.07 Lighting: All bicycle parking and facilities shall be provided with lighting to provide high visibility, subject to approval of Director of Planning & Community Development or his/ her designee. Lighting shall be maintained in operational conditions at all times. BIKE PARKING SHORT-TERM LONG-TERM SHOWERS PERSONAL LOCKERS REQUIREMENT (MINIMUM 4 SPACES REQUIRED) REQUIREMENT (MINIMUM 4 SPACES REQUIRED) USE Restaurant 1 per 1000 sf 1 per 2000 sf 1 unisex per 40,000 sf and 1 additional for each 20,000 75% of total longer term spaces provided Retail ‐ Gen Food and Grocery 1 per 1000 sf 1 per 3000 sf 1 unisex per 40,000 sf and 1 additional for each 20,000 75% of total longer term spaces provided Retail 1 per 1000 sf 1 per 3000 sf 1 unisex per 40,000 sf and 1 additional for each 20,000 75% of total longer term spaces provided Office 1 per 5000 sf 1 per 900 sf 1 unisex per 40,000 sf and 1 additional for each 20,000 75% of total longer term spaces provided Hotel 8 per room 0.25 1 unisex per 40,000 sf and 1 additional for each 20,000 75% of total longer term spaces provided Multi‐family without private garages 0.1 per bedroom 1 per bedroom DocuSign Envelope ID: 3353A9C8-49A0-4A5E-ADEA-541D9A2BCCD7
176 | CITY OF SANTA MONICA Land Use Regulations and Development Standards B.14.C Loading Standards: Loading spaces are required to ensure adequate areas for loading purposes for all on‐site uses so that commercial and passenger loading activities will be conducted without negatively affecting traffic safety or the quality of abutting public streets for people walking, bicycling or driving. Loading spaces also facilitate low‐car‐use lifestyles by supporting shared delivery and passenger transportation services. B.14.C.1 Applicability, General: The regulations in this section shall apply to all projects with new buildings, additions or changes of use, and shall govern design of both required and non‐required loading areas. B.14.C.2 Applicability, Conservation: Creative Sector (CCS): For additions or changes of use in existing buildings in the CCS District, existing loading areas shall be maintained, but the project shall not be required to meet the standards of this section. B.14.C.3 Submittal of Loading Plan: As part of the application for all applicable projects, a loading plan shall be submitted for the approval of the Director of Planning & Community Development or his/her designee. Projects utilizing existing loading in the CCS district per B.14.C.2 above shall also submit a loading plan. The plan shall include a site plan dimensioning all required and non‐required loading spaces and indicating the path of travel to the space and the path of travel for the goods from the space. The approved loading plan shall be retained on‐site at all times and shall be made available to all site tenants. B.14.C.4 Loading space dimensions: Loading spaces shall comply with the following standards, as required in this section. a. Standard A: If a Standard A space is required, the dimensions shall be at least 40 feet long, 12 feet wide, and have a clearance of 14 feet. b. Standard B: If a Standard B space is required, the dimensions shall be at least 65 feet long, 15 feet wide, and have a clearance of 14 feet. c. Standard C: If a Standard C space is required for passenger loading, the dimensions shall be at least 18 feet long and 10 feet wide. Design should not reduce pedestrian orientation of the site or increase the number of curb‐cuts. B.14.C.5 Number of loading spaces required: Projects shall provide loading spaces as follows: a. Primarily Residential: Projects with residential uses that contain less than 50,000 square feet of non‐residential floor area shall provide loading spaces based on the number of dwelling units as follows: i. Less than 100 dwelling units: 1. One Standard A space is required; however, if the use includes a market, restaurant or other food sales and service of more than 5,000 square feet, the required loading space shall be Standard B. 2. One Standard C space (passenger loading) is encouraged. The space must be accessible and located as close as practicable to the building entrance or passenger elevator without a key or access card from the street. ii. 100 or more dwelling units: 1. One Standard A space is required; however, if the use includes a market, restaurant or other food sales and service of more than 5,000 square feet, the required loading space shall be Standard B. 2. One Standard C spaces (passenger loading) are required. The spaces must be accessible and located as close as practicable to the building entrance or passenger elevator without a key or access card from the street. b. Primarily Commercial: Projects with residential uses and more than 50,000 square feet of non‐ residential floor area shall provide loading spaces as follows: i. Two Standard A spaces are required; however, if the use includes a market, restaurant or other food sales and service of more than 5,000 square feet, one of the two spaces shall be Standard B. ii. One Standard C spaces (passenger loading) are required. The spaces must be accessible without a key or access card from the street and located as close as practicable to the building entrance or passenger elevator. c. Commercial Only: Projects with no residential uses shall provide loading spaces based on project size as follows: i. Less than 50,000 square feet of floor area: 1. One Standard A is required; however, if the use includes a market, DocuSign Envelope ID: 3353A9C8-49A0-4A5E-ADEA-541D9A2BCCD7
BERGAMOT AREA PLAN | 177 Land Use Regulations and Development Standards restaurant or other food sales and service of more than 5,000 square feet, the required loading space shall be Standard B. ii. 50,000 square feet or more of floor area: 1. One Standard A space is required 2. One Standard B space is required d. All Projects with more than 100,000 square feet of Commercial Use: The Director of Planning & Community Development or his/her designee may require additional loading spaces based on the project’s needs and site feasibility. B.14.C.6 Location of Loading Spaces: All loading facilities shall be provided off‐street and within the subject property. Loading areas shall be located as follows: a. Adjacent to building door openings providing loading access. b. Situated to ensure that the loading facility can be screened from adjacent streets as much as possible and minimizes interference with pedestrian and bicycle paths of travel. c. Situated to avoid adverse impacts upon neighboring properties. d. Accessible from an alley, of if no alley is adjacent to the site, a minor roadway. B.14.C.7 Design of Loading Spaces. a. Screening. Loading areas adjacent to residential uses or public streets or alleys shall be screened and enclosed with a solid masonry wall, at least 6 feet in height and of a design approved by the Director of Planning & Community Development or his/her designee. b. Identification. Loading areas shall be designed, laid out, and clearly marked as being distinct from required parking spaces and aisles, unless the City approves the use of the parking area as an undesignated overlay loading area during non‐business hours. c. Obstructions Prohibited. No walkway, mechanical equipment, utility, waste collection/disposal receptacle, or other equipment or fixture may be placed in any loading area. B.14.C.8 Off‐Site Loading Alternative for Existing Buildings: The use of off‐site loading to satisfy the loading requirements when a change of use is proposed in an existing building may be permitted in compliance with the following standards. a. Location. All off‐site loading spaces shall be located within 750 feet of legal walking distance measured from the primary loading entrance to the off‐site loading location. b. Design and improvement standards. All off‐ site loading spaces shall conform to the same standards of access, configuration, location, and size required above. c. Identification of facility. The loading area must be clearly marked and conspicuously identified. d. Terms of off‐site loading. A City‐approved covenant shall be recorded that includes a description of the off‐site loading, a requirement that the owner of the separated lot maintain the required loading for the life of the use to which it is covenanted, a requirement that the tenant or occupant of the use for which loading is required submit annually to the Director of Planning & Community Development or his/her designee a confirmation of the continuing terms of the off‐site loading plan, and a provision for liquidated damages to be paid by the applicant or tenant to the City for violations of the conditions of approval. B.14.C.9 Loss of off‐site spaces: In the event the covenanted loading spaces are no longer available for a project’s use, the following shall be required: a. Notification to the City. The owner or operator of the business or property that uses the approved off‐site loading space shall immediately notify the Director of Planning & Community Development or his/her designee of any change of ownership or use of the property for which the spaces are required, and of any termination or default of the agreement between the parties. b. Effect of termination of agreement. Upon notification that a lease for required off‐ site loading has terminated, the Director of Planning & Community Development or his/ her designee shall determine a reasonable time in which one of the following shall occur: i. Substitute loading is provided that is acceptable to the Director of Planning & Community Development or his/her designee; or ii. The size or capacity of the use is reduced in proportion to the loading spaces lost. DocuSign Envelope ID: 3353A9C8-49A0-4A5E-ADEA-541D9A2BCCD7
178 | CITY OF SANTA MONICA Land Use Regulations and Development Standards DocuSign Envelope ID: 3353A9C8-49A0-4A5E-ADEA-541D9A2BCCD7
BERGAMOT AREA PLAN | 179 Land Use Regulations and Development Standards B.14.C.10 Exceptions for New Buildings under 25,000 square feet. Notwithstanding the requirements of this chapter, a waiver or reduction in the number and/or dimensions of loading zones may be permitted by the Director of Planning and Community Development or his/her designee for projects that will result in a total of less than 25,000 square feet on the property if it is determined that the only feasible location for a loading zone within the project boundaries will detract from the project’s pedestrian orientation and thereby not meet the Bergamot Area Plan’s intention to create active, lively streetscapes. B.14.D TDM & TMA Establishment: The establishment and continuing maintenance of the Transportation Management Association (TMA) is a high implementation priority for the success of this Plan. Projects that meet certain thresholds described elsewhere in this Chapter are required to join the TMA, while other property owners and tenants are encouraged to join and participate based on incentives and benefits that the TMA will offer. The following requirements shall be met in all applicable projects: B.14.D.01 The City shall establish a TMA with authority to implement the Bergamot Area Plan requirements pertaining to trip reduction through transportation demand management. Responsibilities of the TMA shall include, but are not limited to: operation of all shared parking subject to the TMA program; providing signage, real‐time information and other wayfinding mechanisms; coordinating and offering programs to promote biking, walking and other trip reduction strategies; data collection; and coordination of pricing for parking. The TMA shall actively engage existing and future parking lot and garage owners to lease, sell, or make spaces publicly–accessible in order to be added to the district’s pool of shared parking. B.14.D.02 All projects with new construction or that include additions to existing buildings in excess of 5,000 square feet shall be required to do the following: a. The applicant and/or property owner shall join the TMA and shall ensure that all tenants are TMA members for the first 25 years from date of final inspection or certificate of occupancy. b. The applicant shall submit for the approval of the Director of Planning & Community Development or his/her designee a Transportation Demand Management (TDM) plan that complies with the City’s TDM requirements. DocuSign Envelope ID: 3353A9C8-49A0-4A5E-ADEA-541D9A2BCCD7
Adopted and approved this 21st day of March 2023.
__________________________
Gleam Davis, Mayor
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do
hereby certify that Resolution No. 11513 (CCS) was duly adopted at a meeting of
the Santa Monica City Council held on the 21st day of March 2023, by the following
vote:
AYES: Councilmembers Brock, de la Torre, Torosis, Zwick
Mayor Pro Tem Negrete, Mayor Davis
NOES: Councilmember Parra
ABSENT: None
ATTEST:
_____________________________________
Denise Anderson-Warren, City Clerk
DocuSign Envelope ID: 3353A9C8-49A0-4A5E-ADEA-541D9A2BCCD7