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R115141 City Council Meeting: March 21, 2023 Santa Monica, California RESOLUTION NUMBER 11514 (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE DOWNTOWN COMMUNITY PLAN FOR CONSISTENCY WITH THE GOALS, POLICIES AND PROGRAMS SET FORTH IN THE 6TH CYCLE HOUSING ELEMENT WHEREAS, on July 25, 2017, the City Council adopted the Downtown Community Plan (“DCP”) which sets forth the City’s vision of the Downtown as a high quality, mixed- use district offering opportunities for housing for people across the income spectrum, jobs, arts and culture, local serving retail, and community and visitor gathering places; and WHEREAS, in the DCP, Downtown housing projects are encouraged to support a strong and economically diverse residential neighborhood component; 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 WHEREAS, in 2018, California ranked 49th out of the 50 states in housing units per capita; and DocuSign Envelope ID: 8B85DD55-E9B9-41B3-931B-95572ADC8896 2 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 with the Planning Commission, Housing Commission, Rent Control Board, and the City Council; and DocuSign Envelope ID: 8B85DD55-E9B9-41B3-931B-95572ADC8896 3 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 Community Plan for consistency with the goals, policies and programs set forth in the Housing Element; and WHEREAS, on August 30, 2021, in accordance with Government Code Section 65585, HCD issued a letter to report on its review of the Draft Housing Element; and WHEREAS, HCD’s review concluded that the Draft Housing Element addressed many statutory requirements, but that revisions would be necessary to substantially comply with State Housing Element Law; and DocuSign Envelope ID: 8B85DD55-E9B9-41B3-931B-95572ADC8896 4 WHEREAS, in its review letter, HCD set forth recommended revisions to the Draft Housing Element to, among other things, provide additional information and analysis of the City’s: housing needs, resources, and constraints related to fair housing; population and employment trends; household characteristics; Suitable Sites Inventory (“SSI”); zoning regulations for a variety of housing types; governmental and nongovernmental constraints on housing; special housing needs; and “at risk” housing units; and WHEREAS, HCD further recommended that the City make revisions to housing programs set forth in the Draft Housing Element to: demonstrate adequate capacity for the RHNA allocation; address, and where legally possible, remove, constraints to the maintenance, improvement and development of housing; promote and affirmatively further fair housing; and preserve assisted housing development for low-income households; and WHEREAS, on September 8, 2021, the Planning Commission held a discussion to consider HCD’s review and recommendations and to discuss concepts that would address those recommendations; and WHEREAS, on September 20, 2021, the Planning Commission conducted a discussion to review proposed revisions to the Draft Housing Element to address HCD’s recommendations; and WHEREAS, on September 24, 2021, Planning Commission conducted a duly noticed public hearing, and after considering oral and written testimony, adopted a Resolution of Recommendation, Resolution Number 21-011 (PCS), recommending to the City Council that the City Council adopt the 6th Cycle Housing Element; and DocuSign Envelope ID: 8B85DD55-E9B9-41B3-931B-95572ADC8896 5 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 the City transmitted to HCD for review and certification; 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 DocuSign Envelope ID: 8B85DD55-E9B9-41B3-931B-95572ADC8896 6 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 DocuSign Envelope ID: 8B85DD55-E9B9-41B3-931B-95572ADC8896 7 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 DocuSign Envelope ID: 8B85DD55-E9B9-41B3-931B-95572ADC8896 8 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 DocuSign Envelope ID: 8B85DD55-E9B9-41B3-931B-95572ADC8896 9 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 text of the DCP, adopted a Resolution of Recommendation, DocuSign Envelope ID: 8B85DD55-E9B9-41B3-931B-95572ADC8896 10 Resolution Number 23-004 (PCS), recommending that the City Council amend the DCP 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 DCP. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. Amendments to the text of the Downtown Community Plan. Pursuant to Santa Monica Municipal Code Section 9.45.080 and 9.45.130, the City Council does hereby amend the Downtown Community 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; 1D, Reduce Minimum Parking Requirements for Housing Projects; 1F, Revise the Downtown Community Plan Development Standards to Support Housing Projects; 1J, Rezoning by Revising Development Standards to Ensure that Housing Projects are Feasible and Incentivized Over Commercial Development; 2C, Update the City’s Affordable Housing Production Program to Increase the Number of Affordable Housing Units at all Income Levels; and 4A, Zoning Ordinance Amendment to Permit Multiple-Unit Housing in Non-Residential Zones Where Not Currently Permitted, as set forth in Exhibit A, attached to this Resolution. In adopting these amendments, the City Council does DocuSign Envelope ID: 8B85DD55-E9B9-41B3-931B-95572ADC8896 11 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 Downtown Community 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 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 DocuSign Envelope ID: 8B85DD55-E9B9-41B3-931B-95572ADC8896 12 Additional ADUs in R1-Zone Neighborhoods, and otherwise maintain the existing goals, policies, standards and regulations in the General Plan, 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 DocuSign Envelope ID: 8B85DD55-E9B9-41B3-931B-95572ADC8896 13 EXHIBIT A Amendments to the Downtown Community Plan for consistency with the Goals, Policies, and Programs Set Forth in the 6th Cycle (2021-2029) Housing Element [BEHIND THIS PAGE] DocuSign Envelope ID: 8B85DD55-E9B9-41B3-931B-95572ADC8896 Attachment B - Proposed Amendments to the Downtown Community Plan These changes to the DCP are proposed in addition to the changes adopted on March 10, 2020 per Resolution 11239 (CCS) and August 25, 2020 per Resolution 11284 (CCS): Section 2A.4, Entitlement and Tier System, page 28 The LUCE addresses the Downtown area from a broad policy perspective, outlining goals and objectives, but defers the specific land-use standards to the Downtown Community Plan. The DCP implements a modified version of the LUCE Tiering system, which provides distinct entitlement processes for projects of certain sizes and/or land uses. The DCP entitlement system differentiates between housing projects and commercial projects, and relies upon process thresholds to crate distinct entitlement pathways for each project type, which are summarized in Chapter 4, 9.10.050, Application Thresholds Table. Downtown housing projects are strongly encouraged to support a strong economically diverse residential neighborhood component to Downtown vitality. These are consequently provided more generous floor area thresholds than their commercial counterpart. Housing projects are defined in Chapter 4, Standards and Regulations, 9.10.050. • “Base” Projects Typically, developments that conform to Tier 1 standards are referred to as “base” projects. Base projects must meet minimum project requirements for setbacks, design and open space, and pay adopted fees for items such as affordable housing, trip reduction, cultural arts and child- care fees. Projects that provide the required percentage of Affordable Housing Production Program (AHPP) on-site are allowed an additional floor of housing for a maximum of three stories and 39 feet. 1. Housing Projects Any streamlined housing project on parcel(s) up to 75,00043,560 sq. ft. may be processed through an administrative Administrative approvalApproval. Any housing project that meets the definition of “housing development project” under the Housing Accountability Act and that, consistent with the Housing Accountability Act, complies with all applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the project application is deemed complete, may be processed through an administrative approval up to the thresholds established by Section 9.10.050. 2. Commercial Projects Smaller commercial projects that conform to Tier 1 standards may be processed through an Administrative Approval. Development Review Projects Certain Tier 2 commercial projects and certain Tier 3 housing projects on parcel(s) that are 43,560 sf or greater are permitted by Development Review Permit (DRP), allowing typical mixed-use housingthese projects to be approved through discretionary review and a Planning Commission public hearing that gives community members a venue to share thoughts and input on proposed projects. By law, Planning Commission decisions are appealable to the City Council. The project requirements for Tier 2 and non- negotiated Tier 3 housing projects are unique to Downtown. This system of project requirements is intended to incentivize and place a priority on the development of housing in Downtown, implement affordable housing requirements that result in a greater number and a more diverse unit mix, and ensure greater discretionary review for larger housing projects and commercial projects. Two types of projects qualify for Development Review Permits within the DCP. 1. Housing Projects on Parcel(s) that are 43,560 Square Feet or Greater DocuSign Envelope ID: 8B85DD55-E9B9-41B3-931B-95572ADC8896 Tier 2. Tier 2 housing projects are considered non-negotiated projects. These projects are required to comply with affordable housing requirements and affordability mix as established in Chapter 4, Standards and Regulations, 9.10.070 and must also contribute augmented fees at Tier 2 levels. Tier 3. In the Transit Adjacent Zone only, larger hHousing projects that conform to Tier 3 height standardson parcel(s) that are 43,560 sf or greater are considered non-negotiated discretionary projects. These projects are required to comply with affordable housing requirements and affordability mix as established in Zoning Ordinance Section 9.10.070 and must also contribute augmented fees at Tier 3 levels. 2. Commercial All Other Projects Tier 2Between 10,000-30,000 SF. Tier 2 non-residential projects between 10,000-30,000 square feet are considered non-negotiated discretionary projects that must contribute to the community benefits program at Tier 2 levels. Chapter 2A.4, page 29 Development Agreement Projects Development Agreements are used to process specific properties where special conditions of size, shape, geography or existing or desired development require particular attention and additional analysis. This approach allows the city to address the specific physical conditions and challenges posed by these sites and negotiate for significant benefits from larger individual development projects. In the Downtown district, several project types will require a negotiated development agreement, regardless of proposed height and tier, with negotiated community benefits approved by the City Council. Guidelines for on-site benefits that are aligned with the community benefit priorities for Downtown are listed in Table 2A.4. Commercial All Other Projects. All Tiers. Non-residential commercialhousing projects greater than 30,000 square feet of floor area shall be required to be processed through a development agreement. Under no circumstances shall projects be considered for increases beyond height or FAR standards set forth in this Plan. All development agreement projects are expected to provide community benefits that contribute to Downtown’s priorities and fees in excess of Tier 3 fee requirements. Table 2A.3 provides guidelines to priority areas that should guide development agreement negotiations. These priority areas are a baseline for further negotiation. Chapter 4, page 177 These changes are proposed as part of implementation of the Housing Element Update: 9.10.050 Application Thresholds Table Streamlined Housing Project All Other Projects Administrative Approval Streamlined Housing Projects up to 75,000on parcel(s) up to 43,560 sf Less than 10,000 sf Development Review Permit Housing Projects or Streamlined Housing Projects Tier 2 greater than 75,000 sf Tier 3 Projects greater than 90,000on parcel(s) that are 43,560 sf or greater 10,000 - 30,000 sf Development Agreement N/A Greater than 30,000 sf A. “Streamlined Housing Project” means a use consisting of any of the following: 1. Residential units only DocuSign Envelope ID: 8B85DD55-E9B9-41B3-931B-95572ADC8896 2. Mixed-use developments consisting of residential and nonresidential uses in which nonresidential uses do not exceed 25% of the total building square footage and are limited to neighborhood commercial uses and to the first two floors of buildings that are two or more stories 3. Transitional or supportive housing B. Administrative Approval Review Procedures. 1. For projects eligible for an Administrative Approval under Table 9.10.050 and exempt from Development Review Permit Requirements under 9.10.050(C)(1) or (2), an applicant shall conduct a community meeting to receive community input on the proposal, which. The community meeting shall be conducted prior to submitting an application, and with noticing and reporting on the community meeting as required in guidelines adopted by the Director. 2. Following receipt of a recommendation decision from the Architectural Review Board, the Director shall issue a decision determination on the Administrative Approval in accordance with SMMC Chapter 9.39. C. Housing Exemptions. The following types of projects are exempt from Development Review Permit requirements: 1) 100% Affordable Housing Projects 2) Tier 2 Streamlined Housing Projects – Streamlined housing projects on parcel(s) that are up to 43,560 sf including projects that have been granted modifications and waivers in accordance with Santa Monica Municipal Code Chapter 9.43 Modifications and Waivers. that meet the definition of “housing development project” under the Housing Accountability Act, Government Code Section 65589.5, (“Housing Accountability Act”) and that, consistent with the Housing Accountability Act, comply with all applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the project application is deemed complete, up to the thresholds established by the Zoning Ordinance. 9.10.030 Applicability and Relationship to Santa Monica Municipal Code and Other Regulations A. Applicability. The Downtown Community Plan establishes the area’s regulations and standards and shall guide all land use and development and circulation related decision-marking processes for the Plan area. B. Relationship to Santa Monica Municipal Code and Other Regulations 1. General. If provisions in the Downtown Community Plan and Article 9 of the Santa Monica Municipal Code (“Zoning Ordinance”) are in conflict, the provisions in the Downtown Community Plan shall be applied. Where land use regulations, development standards, administrative regulations, and general terms and definitions are not specifically addressed by the Downtown Community Plan, Article 9 of the Santa Monica Municipal Code (“Zoning Ordinance”) shall be applied. Land use regulations for DCP land use districts may be found in Chapter 9.10 of the Zoning Ordinance. a. Projects that include affordable housing on City-Owned properties shall be exempted from the Downtown Community Plan and Zoning Ordinance pursuant to Section 9.01.040(A)(1)(d). Chapter 4, page 178 9.10.060 Development Standards Table 4.2 prescribes the development standards for Downtown districts, exclusive of State or local density bonuses. Additional regulations are denoted with Section numbers in the right hand column or DocuSign Envelope ID: 8B85DD55-E9B9-41B3-931B-95572ADC8896 with individual letters in parentheses. Section numbers refer to other Sections of this Ordinance, while individual letters in parentheses refer to subsections that directly follow the table. Table 4.2 Development Standards—Downtown Districts Standard LT (east) LT (west) NV BC (promen ade) BC (2nd & 4th Streets) TA OT WT Additional Regulations Parcel and Intensity Standards Minimum Parcel Size (sq. ft.) 7,500 7,500 7,500 7,500 7,500 7,500 7,500 7,500 Minimum Parcel Width (ft.) 50 50 50 50 50 50 50 50 Minimum Parcel Depth (ft.) 150 150 150 150 150 150 150 150 Maximum FAR SMMC Section 9.04.080 Determining FAR Housing Projects 3.00 3.00 4.00 3.00 3.50 4.00 3.00 3.25 SMMC Section 9.31.195, Multiple-Unit Dwelling Projects 100% Affordable Housing Projects 3.50 3.50 4.50 3.50 4.00 4.50 3.50 3.75 Tier 1 1.25 1.25 1.75 1.75 1.75 1.75 1.75 1.5 Tier 1 – With Housing 1.5 1.5 2.25 2.25 2.25 2.25 2.25 1.5 Tier 2 1.75 2.25 2.75 2.75 3.0 3.0 2.25 1.75 SMMC Section 9.10.070 Project Requirements for Tier 2 and Tier 3 Projects Tier 2 – With Housing 2.25 2.75 3.5 2.75 3.5 3.5 2.75 2.25 Section 9.10.070 Tier 2 with Housing for Parcels that Front on Wilshire, not located adjacent to a residential district and Have a LUCE designation of Downtown Core - - - - - - - 2.75 Tier 3 - - - - - 3.5 - - SMMC Section 90.10.070 Project Requirements for Tier 2 and Tier 3 Projects Tier 3 – With Housing - - - - - 4.0 - - 100% Affordable Housing Projects 2.75 3.25 4.0 3.25 4.0 4.0 3.25 2.75 DocuSign Envelope ID: 8B85DD55-E9B9-41B3-931B-95572ADC8896 Standard LT (east) LT (west) NV BC (promen ade) BC (2nd & 4th Streets) TA OT WT Additional Regulations 100% Affordable Housing Projects— Parcels that front on Wilshire Boulevard, are not located adjacent to a residential district, and have a LUCE designation of Downtown Core - - - - - - - 3.25 Building Form and Location Maximum Building Height (ft) SMMC Section 9.04.050 Measuring Height Tier 1 – Base Standard 32’ 32’ 32’ 32’ 32’ 32’ 32’ 32’ Housing Projects 65’ 65’ 84’ 65’ 65’ 84’ 65’ 70’ 100% Affordable Housing ProjectsTier 1 – Housing Projects Including On- Site Affordable Housing in Compliance with AHPP 75’39’ 75’39’ 94’39’ 75’39’ 75’39’ 94’39’ 75’39’ 80’39’ Tier 1 – Base Standard 32’ 32’ 32’ 32’ 32’ 32’ 32’ 32’ Tier 2 40’ 50’ 60’ 60’ 60’ 60’ 50’ 40’ Tier 2 – With Housing 50’ 60’ 60’ 60’ 60’’ 60’ 50’ 50’ Tier 2 with Housing for Parcels that Front on Wilshire, not located adjacent to a residential district and Have a LUCE designation of Downtown Core - - - - - - - 60’ Tier 3 - - - - - 84’ - - Tier 3 – With Housing - - - - - 84’ - - 100% Affordable Housing Projects 60’ 70’ 70’ 70’ 70’ 84’ 60’ 60’ DocuSign Envelope ID: 8B85DD55-E9B9-41B3-931B-95572ADC8896 Standard LT (east) LT (west) NV BC (promen ade) BC (2nd & 4th Streets) TA OT WT Additional Regulations 100% Affordable Housing Projects— Parcels that front on Wilshire Boulevard, are not located adjacent to a residential district, and have a LUCE designation of Downtown Core - - - - - - - 70’ Height Transitions to Residential Districts See (A) (1) See (A) (1) N/A N/A N/A N/A N/A See (A) (1) Minimum Ground Floor Height 11’ Maximum Ground floor Height 16’ 16’ 16’ N/A 16’ 16’ 16’ 16’ Building Form Regulated by Building Type Minimum Stepbacks (ft) Required above Ground Floor 15% of façade 15% of façade 15% of façade N/A N/A 15% of façade 15% of façade 15% of façade See (C)(2) Build to Line See (C)(1) Minimum Upper Level Stepbacks 35% of façade, see (C)(3) Minimum Open Space Varies by lot width, see (B)(1) Varies by lot width, see (B)(1) Varies by lot width, see (B)(1) N/A Varies by lot width, see (B)(1) Varies by lot width, see (B)(1) Varies by lot width, see (B)(1) Varies by lot width, see (B)(1) Minimum Side Interior 15% of façade, see (C)(5) 15% of façade, see (C)(5) 15% of façade, see (C)(5) N/A 15% of façade, see (C)(5) 15% of façade, see (C)(5) 15% of façade, see (C)(5) 15% of façade, see (C)(5) Minimum Unbroken Primary Façade Length 10’ wide by 5’ depth, see (C)(7) Building Frontage Line (Ground Floor Setback) See (D) See (D) See (D) See (D) See (D) See (D) See (D) See (D) Minimum Interior Side and Rear – Adjacent to Residential District 10’ see (A)(1) Illustr. 4.32 10’ see (A)(1) Illustr. 4.32 N/A N/A N/A N/A N/A 10’ see (A)(1) Illustr. 4.32 Rear Adjacent to Alley 2’ for first 16’ of building height measured from rear property line DocuSign Envelope ID: 8B85DD55-E9B9-41B3-931B-95572ADC8896 Standard LT (east) LT (west) NV BC (promen ade) BC (2nd & 4th Streets) TA OT WT Additional Regulations Parking See SMMC Chapter 9.28 Parking, Loading, and Circulation Active Design Active Design See (E) Pedestrian Oriented Design See (E) Additional Standards Accessory Dwelling Unit SMMC Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Accessory Food Service SMMC Section 9.31.030 Accessory Food Service Accessory Structures SMMC Section 9.21.020, Accessory Buildings and Structures Affordable Housing Production Program SMMC Chapter 9.64, Affordable Housing Production Program Automobile/V ehicle Sales, Leasing, and Storage SMMC Section 9.31.070, Automobile/Vehicle Sales, Leasing, and Storage Bicycle Parking SMMC Section 9.28.140, Bicycle Parking Density Bonus SMMC Chapter 9.22, Density Bonus Exceptions to Height Limits SMMC Section 9.21.060, Height Exceptions Fences, Walls, and Hedges SMMC Section 9.21.050, Fences, Walls, and Hedges Home occupation SMMC Section 9.31.160, Home Occupation Junior Accessory Dwelling Units SMMC Section 9.31.025, Accessory Dwelling Units and Junior Accessory Dwelling Units Landscaping and Street Trees SMMC Subsection 9.11.030(F), Chapter 9.26, Landscaping Lighting SMMC Section 9.21.080, Lighting Multiple-Unit Dwelling Projects SMMC Section 9.31.195, Multiple-Unit Dwelling Projects Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots SMMC Section 9.31.196, Multiple-Unit Dwelling Projects Located on Community Assembly Surface Parking Lots Off-Street Parking and Loading SMMC Chapter 9.28, Parking, Loading, and Circulation Refuse and Recycling Screening and Enclosure SMMC Section 9.21.130, Resource Recovery and Recycling Standards Signs SMMC Chapter 9.61, Signs Screening SMMC Section 9.21.140, Screening DocuSign Envelope ID: 8B85DD55-E9B9-41B3-931B-95572ADC8896 Standard LT (east) LT (west) NV BC (promen ade) BC (2nd & 4th Streets) TA OT WT Additional Regulations Solar Energy Systems SMMC Section 9.21.150, Solar Energy Systems Refuse and Recycling Screening and Enclosure SMMC Section 9.21.130, Resource Recovery and Recycling Standards Sustainability SMMC Chapter 8.106, Green Building Standards Code Chapter 4, Section C, page 184 A.BUILDING HEIGHT TRANSITION TO RESIDENTIAL DISTRICTS 1. In the Wilshire Transition District and along the east side of Lincoln Boulevard, buildings shall not extend above a plane starting at 30 feet in height directly above the parcel line abutting any residentially zoned parcel, or where there is an alley, the centerline of the alley, and from that point, extending in at a 45-degree angle from vertical toward the interior of the site, up to the maximum building height (see Illustration 4.32). The 30 foot height measurement shall be taken from the same reference grade as determined for the subject site pursuant to SMMC Section 9.04.050. B. OPEN SPACE 1. Minimum Open Space Requirements, per (B)(2) Lot width of 50 feet or less None Lot width between 51 feet and 150 feet 20% total: 10% located at Ground Floor or Podium at 1 or 2 Levels above Ground and 10% without regulated location Lot widths greater than 150 feet 5% total: 12.5% located at Ground Floor or Podium at 1 or 2 Levels above Ground and 12.5% without regulated location The open space requirements established in this subsection B supersede the open space requirements established in Section 9.21.090 of the Zoning Ordinance. 2. The minimum area required for open space is expressed as a percentage of the buildable area (i.e. remaining parcel after required setbacks) and is based on lot width. Unless otherwise noted, this open space may be public or private. 3. Required open space can be accommodated at-grade, on a podium one or two levels above the ground floor, in private exterior balconies that are a minimum of 35 sf each, roof gardens, or any combination thereof. 4. 25% of the overall open space required for a project must be designed as common open space. 5. Ground floor building setbacks resulting from compliance with subsection (D) shall not be counted towards compliance with this requirement. Building setbacks that exceed the minimum requirement may be included towards compliance with this requirement, provided any overhanging encroachments have a minimum vertical clearance equivalent to the ground floor height requirement. DocuSign Envelope ID: 8B85DD55-E9B9-41B3-931B-95572ADC8896 6. Stepbacks resulting from compliance with subsections (C)(2) and (C) (3) may be counted towards compliance with this requirement 7. For lot widths greater than 50’ in width, the maximum height to width ratio of any Courtyard is 1.7:1 (e.g. a Courtyard within a 60’ tall structure must have a minimum dimension of 35’). Where sides of a Courtyard are unequal in height, they may be averaged to determine the effective height. The minimum Courtyard dimension on any side shall be 20 feet. 8. Projections and Encroachments into the Courtyard are permitted on all sides, provided that the minimum dimension of 20’ is maintained. 9. Breaks in buildings required by Maximum Unbroken Primary Facade Length of subsection (C)(67), shall count toward Open Space Requirements if it connects to an interior open space. 10. All visible portions of a required setback, not used for vehicular or pedestrian access to the building, shall consist of hardscape, planting areas, and/or pedestrian amenities like entry courtyards, plazas, entries, outdoor eating and display areas, or other uncovered areas designed and accessible for public use. C. BUILDING MODULATION STANDARDS In order to modulate building mass and express a design concept, new buildings or additions to existing buildings shall be designed in three dimensions on the front and sides to ensure light and air into buildings and down to the street. 1. Build-To Line. Buildings with nonresidential uses on the ground floor and not facing a residential district shall be constructed at the building frontage line for 70 percent of linear street frontage. Building entries required to be recessed due to technical codes may be counted towards this requirement. This requirement may modified upon finding that: a. An alternative configuration can be approved based on the findings in Chapter 9.43.020, Minor Modifications. b. The alternative configuration meets the objectives of the DCP Design Guidelines. c. Entry courtyards, plazas, small parks, entries, outdoor eating and display areas, or other uncovered areas designed and accessible for public use are located between the build-to line and building, provided that the buildings are built to the edge of the courtyard, plaza, small park, or dining area; and d. The building incorporates an alternative entrance design that creates a pedestrian-oriented entry feature facing the street 2. Minimum Required Stepbacks Above Ground Floor. a. Districts with 50 or 60 up to 70 feet Maximum Allowable Height Limit. Minimum required stepbacks from the building frontage line are established above the ground floor. The Minimum Required Stepback Above the Ground Floor and below 39 feet shall be 15% of the front façade area. Stepbacks shall be a minimum of 5 feet and are not required to be open to the sky. Projections into the required stepbacks are permitted pursuant to 9.10.120(A). b. Districts with 84 Feet Maximum Allowable Height Limit. Minimum required stepbacks from the building frontage line are established above the ground floor. The Minimum Required Stepback Above the Ground Floor and below 60 feet shall be 15% of the front façade area. Stepbacks shall be a minimum of 5 feet and are not required to be open to the sky. Projections into the required stepbacks are permitted pursuant to 9.10.120(A). c. Bayside Conservation District. In order to maintain a consistent streetwall, a stepback is not required below 39 feet. d. Corner Lots of 50 feet or Less in Width. All corner lots with a width of 50 feet or less are permitted to measure stepbacks from the property line above the ground floor provided that: i. A minimum ground floor height of 16 feet is provided. ii. No architectural structure, form or feature including but not limited to, columns, piers, and wing walls shall occupy the ground floor setback area. DocuSign Envelope ID: 8B85DD55-E9B9-41B3-931B-95572ADC8896 3. Minimum Upper Level Stepbacks. a. Bayside Conservation District and Districts with 50 feet or 60 up to 70 feet Maximum Allowable Height Limit. Minimum required stepbacks from the building frontage line are established for the upper levels of proposed buildings. The Minimum Upper Level Stepback above 39 feet shall be 35% of the front façade area. Stepbacks shall be a minimum of 5 feet and are not required to be open to the sky. Projections into the required stepbacks are permitted pursuant to 9.10.120(A). b. Districts with 84 feet maximum allowable height limit. Minimum required stepbacks from the building frontage line are established for the upper levels of proposed buildings. The Minimum Upper Level Stepback above 60 feet shall be 35% of the front façade area. Stepbacks shall be a minimum of 5 feet and are not required to be open to the sky. Projections into the required stepbacks are permitted pursuant to 9.10.120(A). c. Corner lots of 50 feet or less in width. All corner lots with a lot width of 50 or less are permitted to measure stepbacks from the property line above the ground floor provided that: i. A minimum ground floor height of 16 feet is provided. ii. No architectural structure, form or feature including, but not limited to, columns, piers, and wing walls shall occupy the ground floor setback area. 4. Alternative Stepback Compliance for Districts with 50 feet or 60 up to 70 feet maximum allowable height limit. In order to provide flexibility for compliance with the stepback requirements in subsections (C)(2) and (C)(3), the Planning Commission, Architectural Review Board, or Landmarks Commission, whichever is the first reviewing authority of an application, may approve building modulation above the ground floor for 25% of the front façade (on corner lots of 50 feet or less in width, the stepbacks shall be measured from the property line) area subject to the following findingsmay be approved pursuant to the procedures set forth in Section 9.10.110, but shall be subject to only the following finding: a. The Planning Commission/Architectural Review Board/Landmarks Commission finds that tThe alternative compliance creates a three dimensional frontage which reinforces the architectural concept and is appropriate to its unique location and context. 5. Minimum Side Interior Stepback. A minimum of 15% of the exposed side interior building façade area above 39 feet shall be setback a minimum of 5 feet from the side property line. 6. Alternative Side Interior Stepback Compliance for All Districts. In order to provide flexibility for compliance with the side interior stepback requirements in subsection C(5), in all districts the side interior stepback may be reduced to 12” provided that the open space requirements established in 9.10.060 B(1) are increased to the following: Lot width of 50 feet or less None Lot width between 51 feet and 150 feet 25% total Lot widths greater than 150 feet 30% 7. Maximum Unbroken Primary Façade Length a. All new or modified buildings shall orient the primary façade to the Frontage line. Secondary facades orient to the side and rear yards. b. Corner buildings shall have a primary façade fronting each sidewalk c. For facades that are greater than 150’, a break of 10% of the façade length with a 5 foot minimum depth is required. This dimension can be broken into two breaks, provided each break is greater than 5 feet in width. The break must extend from above the ground for 60 percent of the height of the project. The break is not required to be continuous. DocuSign Envelope ID: 8B85DD55-E9B9-41B3-931B-95572ADC8896 Chapter 4, Section E, page 191 E. PEDESTRIAN-ORIENTED DESIGN STANDARDS. Ground floor pedestrian orientation is required for all projects throughout the Downtown and where applicable, shall be designed to accommodate commercial uses and activities. 100% Affordable Housing projects are exempt from the provisions of this subsection (E). 1. Outdoor Dining. Dining areas may encroach into building setbacks as long as a minimum unobstructed pedestrian pathway of 8’ in width is maintained. On 6th and 7th Streets, the minimum width is 6’. a. On the Promenade, dining may encroach up to 12 feet from the abutting property frontage to accommodate outdoor dining. Uses located in the Promenade encroachment zone shall be in accordance with approved Third Street Promenade outdoor dining standards and subject to an encroachment permit. 2. Pedestrian-Oriented Frontage Design for New Development. Where commercial space is required, the following shall apply: a. Where commercial space is provided, aA minimum of 50’ depth of ground floor commercial space shall be provided in the Lincoln Transition, Neighborhood Village, and Wilshire Transition Districts. b. A minimum of 6550% of the Frontage shall be transparent and include windows, doors, and other openings. i. Sill height should be no higher than 2.5’ and head height should be no lower than 8’ above finished grade. ii. Openings shall have transparent glazing or openings that provide views into work, display, or sales areas, lobbies, or similar active spaces, or into windows displaying merchandise or items other than signs. Such display windows shall be at least 3’ deep. This requirement may be modified by the Architectural Review Board if it can be demonstrated that the fulfillment of this requirement materially interferes with the project’s ability to meet the requirements of Municipal Code Chapter 8.36 – The Energy Code. DocuSign Envelope ID: 8B85DD55-E9B9-41B3-931B-95572ADC8896 c. Building Frontages shall be designed to be divided into 30 foot bays or less for commercial leasing flexibility and functionality and to create a fine-grained rhythm along the street 3. Pedestrian-Oriented Ground Floor Design for New and Existing Development All new development not required to have active commercial frontages shall include the following pedestrian-oriented standards: a. No more than 20% of a building’s street-level frontage, but in no case exceeding 75’, may be continuously blank or featureless. b. The following design elements shall be incorporated into the street-facing façades at the ground floor level: i. Variations in visual interest designed to be experienced by the pedestrian point of view, which may include, but not necessarily require, such measures as, change of materials in a complimentary manner, sensitive composition and juxtaposition of openings and solid wall and/or building frame and projecting elements such as awnings and marquees to provide shade and shelter; ii. Exterior lighting which provides for a secure nighttime pedestrian environment by reinforcing entrances, public sidewalks and open areas with a safe level of illumination which avoids off- site glare; c. Residential uses at the ground floor street frontage shall incorporate primary entries, which may include planted areas, front stairs and/or other elements that contribute to a pleasant pedestrian environment. Pedestrian-oriented design elements may also include street furniture or other seating surfaces on private property and design amenities scaled to the pedestrian such as awnings, drinking fountains, paseos, colonnades, plazas, noncommercial community bulletin boards, public or private art and alternative paving materials in areas of pedestrian access. d. Leasing galleries associated with a housing project shall not exceed 20 linear feet of ground floor street frontage. e. Glass with a visual transparency value of at least 65% shall be used at the ground floor level to allow maximum visual access to the interior of buildings. f.e. Mirrored and highly reflective glass shall not be permitted at any level of the structure. g.f. Entries shall be spaced at a maximum of 100 feet. h.g. Entries shall be articulated by one or more of the following: a canopy, awning or other covering, signage, or recessed doorway. i.h. When storefront security grates or grilles are provided, they shall be: located inside exterior windows; retractable into pockets or overhead cylinders; and completely concealed when retracted. j.i. The Raised Terrace is a frontage type permitted in the Ocean Transition District. They are defined by raised shop frontages with café dining in Zone 3, so the eye of the sitter is approximately at level with walking passerby. i. The raised platform shall be between 7 and 36 inches in height as measured from the sidewalk grade. ii. This type is suitable for Restaurant and Hotel uses. DocuSign Envelope ID: 8B85DD55-E9B9-41B3-931B-95572ADC8896 iii. The floor to floor height of the Raised Terrace Frontage shall be between 16 to 21 feet tall as measured from the terrace grade to the top of the finished floor. iv. Fenestration shall be a minimum of 65% of the Facade’s first floor wall area. v. Awnings shall only cover windows and doors. vi. The dining area shall be enclosed with a permeable fence and or a row of planters to delineate the space. vii. Primary pedestrian access to upper stories with Ground Floor Active Frontages is flexible and may be from the raised terrace, from a side, or any other pedestrian space. k.j. Materials for fences, walls, and gates should be durable and complement the building and site design. Vinyl shall not be used. Section 2A, page 18 This chapter also includes a discussion of the process thresholds for various development types as well as the required community benefits and fees. Housing, particularly Affordable Housing, is strongly desired Downtown, and therefore encouraged through standards, such as 0.5 floor area ratio increase, and process incentives. Private property owners and/ or developers should read this section before commencement of design, to better understand what permit type to apply for, and what the City might require from projects to meet the community’s long-term expectations. Community benefit formulas for Tier 2 and non-negotiated Tier 3 non-housing projects are included in Chapter 4, Standards and Regulations. Section 2B, page 39 Bedroom Mix Requirements (see Zoning Ordinance) Tier 2 and Tier 3 “average bedroom factor” requirements will result in a larger diversity of units within Downtown. Community Benefit Priorities – Negotiated Projects (see Chapter 2: Downtown Districts) In addition to conforming to the Tier 2 and Tier 3 average bedroom factor requirements, negotiated projects provide the opportunity to increase the number of larger units suitable for families to the maximum extent feasible. These additional units could be paired with deed restrictions on rent to make them affordable to workforce and middle-income households. Incentives for Housing Construction (see Chapter 4: Standards and Regulations) To encourage the production of housing Downtown, projects that meet the definition of “Housing Project” as defined in Section 9.10.050 may qualify for a floor area ratio bonus of 0.5 FAR. Section 2B, page 54 Action CCP1.1A Adopt DCP which anticipates at least 2500 new units in the Downtown area. Lead Agency: City Council Timeframe: 2017 Policy CCP1.5 Provide a 0.5 floor area ratio (FAR) bonus for qualifying mixed-use residential projects within maximum FARs for each district. DocuSign Envelope ID: 8B85DD55-E9B9-41B3-931B-95572ADC8896 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. 11514 (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, Parra, Torosis, Zwick Mayor Pro Tem Negrete, Mayor Davis NOES: None ABSENT: None ATTEST: _____________________________________ Denise Anderson-Warren, City Clerk DocuSign Envelope ID: 8B85DD55-E9B9-41B3-931B-95572ADC8896