O2187
F :\MunicipaILaw\Share\LA WS\BARRY\Downtown DesignOrd20062d .doc
City Council Meeting 5-25-06 Santa Monica, California
ORDINANCE NUMBER 2187 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
MODIFYING THE DEVELOPMENT, DESIGN, AND OFF-STREET PARKING
STANDARDS FOR PROJECTS DEVELOPED WITHIN THE BSCD, C3, AND C3C
ZONING DISTRICTS, INCLUDING, BUT NOT LIMITED TO DESIGN STANDARDS
FOR GROUND FLOOR HEIGHTS, BUILDING STREETFRONTS, LANDSCAPING,
SIDEWALLS ADJACENT TO HISTORIC RESOURCES, DEVELOPMENT REVIEW
THRESHOLDS, AND OFF-STREET PARKING AND ACCESS REQUIREMENTS
WHEREAS, since the early 1990's the City has promoted housing by creating
substantial incentives for developers to build such housing in the downtown area; and
WHEREAS, during recent years, the City has experienced a boom in downtown
construction; and
WHEREAS, some of the developers have taken advantage of the opportunity to
build multiple, large, identical or nearly identical projects on adjacent lots or on lots in
close proximity pursuant to administrative approvals; and
WHEREAS, these projects have often had a substantial impact on residents and
businesses in the vicinity; and
WHEREAS, the larger scale developments have created adverse aesthetic
impacts which have affected the existing pedestrian scale and character of the
downtown neighborhoods; and
1
WHEREAS, in light of these concerns the City Council adopted Ordinance
Number 2058 (CCS) on November 12, 2002 which modified the development review
thresholds for the BSC, C3, and C3C districts, Ordinance Number 2060 (CCS) on
November 26, 2002 which extended the provisions of Ordinance Number 2058 (CCS)
up to and including June 26, 2004 and Ordinance Number 2124 (CCS) which extended
the provisions of Ordinance Number 2058 (CCS) up to and including March 2007; and
WHEREAS, these interim ordinances lowered the development review
thresholds to 7,500 square feet in these districts; and
WHEREAS, these interim ordinances provided staff with the time to reexamine
the development and design standards currently in place in'the downtown area and
propose changes as appropriate to improve the design, quality, and livability of
development, to create more precise development standards thereby achieving a more
efficient and predictable review process for applicants; and
WHEREAS, the City hired ROMA Design Group to assist staff in developing
these new standards; and
WHEREAS, ROMA conducted individual interviews with community members
involved in the downtown development process including architects, property owners,
developers, the Bayside District Corporation, ARB members, and Planning
Commissioners; and
WHEREAS, a community-wide workshop was held on July 24, 2003 to discuss
issues of concern and gather information; and
2
WHEREAS, the Planning Commission and the Architectural Review Board
conducted a joint meeting to discuss the proposed amendments on September 10,
2003; and
WHEREAS, the City Council conducted a public hearing to preliminarily review
the proposals on October 28, 2003; and
WHEREAS, the proposed text amendment was designed to establish
development standards and guidelines that better achieve the creation of an attractive
streetscape environment and a strong sense of neighborhood as well as a more livable
mixed-use district while maintaining the pedestrian orientation of the downtown and
WHEREAS, on March 3, 2004, the Planning Commission held a public hearing to
adopt a Resolution of Intention which stated the Commission's intention to recommend
modifications of the City's Zoning Ordinance to the City Council; and
WHEREAS, on March 17, 2004 and March 24, 2004, the Planning Commission
held a public hearing on the proposed ordinances and recommended that the City
Council approve the proposed ordinances with certain specified modifications; and
WHEREAS, the City Council considered the proposed ordinance on September
13, 2005, and November 8, 2005, and provided direction to staff for modifications to the
proposed ordinance; and
WHEREAS, in light of the on-going update of the Land Use and Circulation
Elements which will look at development in the Downtown in a much more
comprehensive manner and until such time as the Land Use and Circulation Elements
are updated and the policies of the Land Use and Circulation Elements are
implemented by an amended Zoning Ordinance, the Council directed staff to return with
3
more modest modifications to current standards to include minimum ground floor
heights, design standards for building facades, landscaping, reduction in the required
off-street parking for small neighborhood markets and restaurants, and treatment of new
construction adjacent to historic resources; and
WHEREAS, empirical evidence suggests that on-site parking spaces for small
commercial businesses, particularly those in mixed-use buildings, are not utilized to
their full extent as the spaces are difficult to access since access to the spaces is
generally provided from the rear alley; and
WHEREAS, reducing the off-street parking requirements for markets and
restaurants 2,500 square feet or less in size will not adversely impact the supply of
available on-street or off-site parking spaces because of the small size of the
establishments; and
WHEREAS, the City Council considered a proposed ordinance on February 28,
2006 that was revised in accordance with Council's previous direction; and
WHEREAS, the proposed ordinance is consistent in principle with the goals,
objectives, policies, land uses, and programs specified in the adopted Land Use
Element of the General Plan; and
WHEREAS, Land Use Objective #1.3 states: "Reinforce Downtown as the
focus of the City, supporting the greatest concentration of activity, " Land Use Policy
#1.3.4 states that: "In the Downtown Core area, require that a majority of ground floor
street frontage on a block by block basis be active pedestrian-oriented uses.... in order
to promote pedestrian activity at the ground floor and in the Downtown Frame area,
require pedestrian-oriented design features for all ground floor street frontage," Land
4
Use Policy #1.3.5 encourages residential uses in the Downtown other than at the
ground level and encourages the provision of neighborhood commercial uses to serve
the Downtown residential community; and
WHEREAS, Land Use Element Policy #3.3.1 calls for maximizing provisions for
pedestrian amenities at the ground floor street frontage, Policy #3.3.2 calls for ensuring
the continuity of the sidewalk by limiting curb cuts, locating parking behind buildings or
below grade and Policy #3.3.6 requires ground floor frontage to feature pedestrian
oriented design features; and
WHEREAS, requiring greater floor-to-floor heights at the ground level enhances
pedestrian-oriented uses through more useable ceiling heights and more functional and
airy commercial spaces, especially for restaurants; and
WHEREAS, the Land Use Element also contains urban design policies and
objectives, specifically Policy #3.1.1 and Policy #3.1.3 which govern building form; and
WHEREAS, these policies call for minimizing the perceived mass of buildings
and the consideration of the character of historic resources in the design of new
buildings; and
WHEREAS, the proposed ordinance requires a clear delineation between the
ground floor and upper floors of buildings which is consistent with Policy #3.1.1 and
Policy #3.1.3 since the proposed ordinance requires special treatment to new buildings
and new construction that are proposed next to buildings that are considered historic
resources; and
5
WHEREAS, the proposed ordinance is also consistent in principle with the goals,
objectives, policies, land uses, and programs specified in the adopted Circulation
Element of the General Plan; and
WHEREAS, Circulation Element Policy #4.7.8 requires City policy maximize the
use of existing public parking in the Downtown and Policy #4.7.9 encourages parking
access from existing alleys that do not abut residential neighborhoods.
WHEREAS, a small reduction in the required on-site parking requirements for
small markets and restaurants is consistent with these policies as the use of the
Downtown public parking structures will be enhanced with the reduction in the
requirement for private parking spaces and the limitation of curb cuts contained in the
ordinance will require alley access for on-site parking in the commercial and mixed-use
Downtown area; and
WHEREAS, the public health, safety, and general welfare require the adoption of
the proposed amendment in that the proposed text amendment, which proposes new
project design and off-street parking standards, will provide for an enhanced pedestrian-
oriented environment in the Downtown and help ensure for the sensitive treatment of
new construction that is adjacent to historic resources,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 9.04.08.15.060 is hereby
amended to read as follows:
Section 9.04.08.15.060 Property development standards.
6
All property in the BSC District shall be developed in accordance with the following
standards:
(a) Maximum Building Height and FAR. Maximum building height, number of
stories and floor area ratio shall be determined as follows:
District Maximum Maximum Maximum
Height Number of FAR
Stories
BSC-1 56' 4 3.0
BSC-2 56' 4 3.0
BSC-3 56' 4 3.0
BSC-4 45' 3 2.0
Notwithstanding the above:
(1) There shall be no limitation on the number of stories of any hotel, parking
structure, or structure containing at least one floor of residential use, so long as the
height does not exceed the maximum number of feet permitted in this Section.
(2) Floor area devoted to residential uses shall be discounted by fifty percent for
the purposes of floor area ratio calculation.
(3) Parcels of fifteen thousand square feet or less within the Passageway
,.
Overlay Zone, as depicted in the Bayside District Specific Plan, may be developed to a
7
maximum height of eighty-four feet, and a 3.5 FAR provided the following conditions are
met:
(A) The top two floors are used exclusive Iy for residential purposes;
(B) All inclusionary units required by Chapter 9.28 of this Code are provided on-
site;
(C) Parking for the residential uses is provided on-site, notwithstanding Section
9.04.10.08.030(m);
(D) A passageway dedicated to the City of Santa Monica as a recorded easement
is provided;
(E) The dedicated passageway is a minimum of twelve feet in width and is well
lighted and visually unobstructed from the Promenade to the alley;
(F) There shall be only one dedicated passageway permitted on each side of
each block; however, dedicated passageways existing as of the effective date of the
ordinance codified in this Section shall not count toward this limit.
(4) With the approval of a development review permit, parcels over fifteen
thousand square feet within the Passageway Overlay Zone, as depicted in the Bayside
District Specific Plan, may be developed to a maximum height of eighty-four feet, and a
3.5 FAR provided the following conditions are met:
(A) The top two floors are used exclusively for residential purposes;
8
(B) All inclusionary units required by Chapter 9.28 of this Code are provided on-
site;
(C) Parking for the residential uses is provided on-site, notwithstanding Section
9.04.10.08.030(m);
(D) A passageway dedicated to the City of Santa Monica as a recorded easement
is provided;
(E) The dedicated passageway is a minimum of twelve feet in width and is well
lighted and visually unobstructed from the Promenade to the alley;
(F) There shall be only one dedicated passageway permitted on each side of
each block; however, dedicated passageways existing as of the effective date of the
ordinance codified in this Section shall not count toward this limit.
(5) With the approval of a development review permit, parcels in the BSC-2 and
BSC-3 Districts may be developed to a maximum height of eighty-four feet, and a 3.5
FAR provided the following conditions are met:
(A) The top two floors are used exclusively for residential purposes;
(B) All inclusionary units required by Chapter 9.28 of this Code are provided on-
site;
(C) Parking for the residential uses is provided on-site, notwithstanding Section
9.04.10.08.030(m).
9
(6) With approval of a Development Rev iew Permit, in the BSC-2 District, existing
legal nonconforming buildings on different parcels may be connected by a bridge which
exceeds height limitations and FAR limitations for such parcels provided that the
following conditions are met:
(A) The bridge contains no usable area other than that reasonably necessary for
pedestrian circulation;
(B) The height of the bridge is no higher than the existing buildings;
(C) The bridge would not be detrimental to public health or safety;
(D) Appropriate covenants or restrictions are recorded with the County
Recorder's Office which state the intention of the owner(s) to develop the parcels as a
single building site in accordance with Section 9.04.06.010(g) of this Code.
(b) Building Stepbacks. For new structures or additions to existing structures,
any portion of a building elevation fronting on Second Street, Third Street Promenade or
Fourth Street, above thirty feet in height shall be stepped back at a 36.9 degree angle
measured from the horizontal. For buildings located in the Passageway Overlay Zone,
there shall be no additional stepback requirement above fifty-six feet of building height.
In addition, for parcels one hundred feet in depth measured from Wilshire Boulevard,
Arizona Avenue, Santa Monica Boulevard or Broadway (cross streets), any portion of a
building elevation fronting on the cross street, above thirty feet in height, shall be
stepped back fifteen feet from the cross street. The Architectural Review Board may
allow the fifteen-foot stepback to be provided only for the portion of the building above
10
forty-five feet in height if the Architectural Review Board determines that such a
stepback is necessary to maintain the district's existing character and to provide visual
continuity with nearby structures.
(c) Minimum Parcel Size. For all zoning classifications in the BSC District,
minimum parcel size shall be seven thousand five hundred square feet. Each parcel
shall contain a minimum depth of one hundred fifty feet and a minimum width of fifty
feet, except that legal parcels existing on the effective date of the ordinance codified in
this Section shall not be subject to this requirement.
(d) For all zoning classifications in the BSC District, a development review
permit is required for any new development of more than seven thousand five
hundred (7,500) square feet of floor area and for any development with rooftop
parking, except the following projects shall be subject to a development review
permit if in excess of thirty-thousand (30,000) square feet:
(1) Projects that contain a minimum of eighty percent (80%) of floor area
devoted to multi-family residential use provided that at least twenty percent
(20%) of the housing units are deed-restricted or restricted by an agreement
approved by the City for occupancy by households with incomes of sixty percent
(60%) of median income or less or at least ten percent (10%) of the housing units
are deed-restricted or restricted by an agreement approved by the City for
occupancy by households with incomes of fifty percent (50%) of median income
or less. The required percentage of affordable housing units shall not apply to
any State density bonus units provided in the project.
11
(2) Affordable housing projects in which one hundred percent (100%) of
the housing units are deed-restricted or restricted by an agreement approved by
the City for occupancy by households with incomes of eighty percent (80%) of
median income or less.
(3) The requirements of subdivision (1) of this subsection (d) may also be
met through the provision of off-site affordable housing units subject to the
following provisions:
(A) The number of off-site affordable housing units provided by the project
shall be at least twenty-five percent (25%) greater than the number of on-site
units that would have been provided by the project to meet the requirements of
subdivision (1) of this subsection (d) of this Section.
(B) The off-site affordable housing units shall be developed in accordance
with the requirements of subsections (b) through (g) of Section 9.56.060 of this
Code.
(C) The off-site affordable housing units shall be located in an affordable
housing project in which one hundred percen1 (100%) of the housing units are
deed-restricted or restricted by an agreement approved by the City in accordance
with the following afford ability levels:
(i) At least fifty percent (50%) of the housing units in the affordable
housing project shall be affordable to low (60% of median income) or very low
(50% of median income) income households, and
12
(ii) The remaining housing units in the affordable housing project shall be
affordable to moderate (100% of median income), low or very low income
households.
(D) The affordable housing project shall be developed to the maximum
allowable floor area for the zone in which the project is developed consistent with
the City's architectural design standards.
Square footage devoted to residential use shall be reduced by fifty percent when
calculating whether a development review permit is required.
SECTION 2. Santa Monica Municipal Code Section 9.04.08.15.070 is hereby
amended to read as follows:
Section 9.04.08.15.070 Special project design and development
standards.
In all zoning classifications in the BSC District the following special project design
and development standards shall apply:
(a) The entries to ground floor commercial spaces shall be at the same grade as
the adjacent public sidewalk. The finished floor level of the ground floor commercial
spaces shall be no more than six (6) inches below the average grade of the adjacent
sidewalk or twelve (12) inches above the average grade of the adjacent sidewalk.
(b) The ground floor level floor-to-floor height shall be a minimum of eighteen
(18) feet within the front seventy-five (75) feet of the building. Affordable housing
13
projects as defined in Section 9.04.02.030.025 shall not be subject to this subsection
(b).
(c) The Planning Commission, or the Architectural Review Board in the absence
of Planning Commission review, may modify the requirements of subsections (a) and
(b) above if the following findings of fact can be made in an affirmative manner:
(1) That the strict application of the provisions of this Chapter would result in
practical difficulties or unnecessary hardships inconsistent with the general purpose and
intent of this Chapter or that there are exceptional circumstances or conditions
applicable to the proposed development that do not apply generally to other
developments covered by this Chapter; and
(2) That the granting of an exception would not adversely affect surrounding
properties or be detrimental to the district's pedestrian-oriented environment.
(d) Ground floor uses shall be pedestrian-oriented uses for a minimum depth of
seventy-five feet measured from the front of the structures.
(e) In any new or reconstructed building, a minimum of seventy percent of the
building facade at the street frontage at the ground floor level shall be designed with
pedestrian orientation, in accordance with Section 9.04.10.02.440 of this Chapter,
unless precluded by the presence of significant existing architectural features.
14
(f) In any new or reconstructed building, clear untinted glass shall be used at the
ground floor level to allow maximum visual access to the interior of buildings. Mirrored
and highly reflective glass shall not be permitted at any level of a structure.
(g) In any new or reconstructed building, walk-up facilities shall be recessed and
provide adequate queuing space to avoid interruption of the pedestrian flow.
(h) Security grills at the street level sha II be designed as an integral component
of the building, shall be of the roll-down type, shall have an open web sufficient to
provide visibility to the interior when the grill is in the closed position, and shall be
placed to the interior of the outside glass.
(i) For new buildings or additions to existing buildings that are adjacent to
buildings identified as historic resources, all portions of the new building or
addition located within a five (5) foot vertical distance from the cornice of the
adjacent historic resource shall be stepped back ten feet from the adjacent side
property line and the adjacent side wall shall be designed with the same level of
finish and detailing as the front fagade of the new construction. The Planning
Commission, or Architectural Review Board in the absence of Planning
Commission review, may modify this requirement if the following findings of fact
can be made in an affirmative manner:
(1 ) The proposed modification enhances the compatibility of the new
construction and the historic resource; and
(2) The proposed modification complies with the Secretary of Interior's
Standards for the Rehabilitation of Historic Structures.
15
SECTION 3. Section 9.04.08.18.060 is hereby amended to the Santa Monica
Municipal Code to read as follows:
Section 9.04.08.18.060 Property development standards.
All property in the C3 District shall be developed in accordance with the following
standards:
~
(a) Maximum Building Height. Three stories, not to exceed forty-five feet,
except for the following:
(1 ) For parcels in the area bounded by 5th Court, 6th Court, Colorado Avenue
and Wilshire Boulevard, the maximum height shall be five stories, sixty feet; provided,
there is no retail above the first floor and only residential uses above the second floor.
(2) For parcels in the area bounded by 6th Court, 7th Court, Colorado Avenue
and Wilshire Boulevard and the north side of Wilshire Boulevard between 2nd Street
and 7th Street, the maximum height shall be four stories, fifty feet; provided, there is no
retail above the first floor and only residential uses above the second floor.
There shall be no limitation on the number of stories of any hotel, detached
parking structure, or structure containing at least one floor of residential use, so long as
the height does not exceed the maximum number of feet permitted in this Section.
(b) Maximum Floor Area Ratio. 2.0, except that in the area bounded by 5th
Court, 7th Court, Colorado Avenue and Wilshire Boulevard, and the area on the north
side of Wilshire Boulevard between 2nd Street and 7th Street, the FAR for commercial
16
square footage shall not exceed 1.5. Floor area devoted to residential uses shall be
counted at fifty percent.
(c) Minimum Lot Size. Seven thousand five hundred square feet. Each
parcel shall contain a minimum depth of one hundred fifty feet and a minimum width of
fifty feet, except that parcels existing on the effective date of this Chapter shall not be
subject to this requirement.
(d) Front Yard Setback. Landscaping as required pursuant to the provisions
of Section 9.04.08.18.065(e).
(e) Rear Yard Setback. None, except:
(1 ) Where rear parcel line abuts a residential district, a rear yard equal to:
5'+ (stories' lot width)
50'
The required rear yard may be used for parking or loading to within five feet of
the rear parcel line; provided, the parking or loading does not extend above the first
floor level; and provided, that a wall not less than five feet or more than six feet in height
is erected and maintained along the rear commercial parcel line. Access driveways shall
be permitted to perpendicularly cross the required rear yard; provided, the driveway
does not exceed the minimum width permitted for the parking area. A required rear yard
shall not be used for commercial purposes.
17
(2) That needed to accommodate landscaping and screening for a rear yard
buffer required pursuant to the provisions of Pa rt 9.04.10.04.
(f) Side Yard Setback. None, except
(1 ) Where the interior side parcel line abuts a residential district, an interior
side yard equal to:
5'+ (stories' lot width)
50'
The interior side yard may be used for parking or loading no closer than five feet
to the interior side property line; provided, the parking or loading does not extend above
the first floor level; and provided, a wall not less than five feet or more than six feet in
height is erected and maintained along the side commercial parcel line. A required
interior side yard shall not be used for access or for commercial purposes.
(2) That needed to accommodate landscaping required for a street side yard,
landscape buffer and screening pursuant to the provisions of Part 9.04.10.04.
(3) A ten-foot setback from an interior property line shall be required for
portions of buildings that contain windows, doors or other openings into the interior of
the building. An interior side yard less than ten feet shall be permitted if provisions of the
Uniform Building Code related to fire-rated openings in side yards are satisfied.
18
(g) Development Review. A development review permit is required for
any development of more than seven thousand five hundred (7,500) square feet
of floor area, except the following projects shall be subject to a development
review permit if in excess of thirty-thousand (30,000) square feet:
(1) Projects that contain a minimum of eighty percent (80%) of floor area
devoted to multi-family residential use provided that at least twenty percent
(20%) of the housing units are deed-restricted or restricted by an agreement
approved by the City for occupancy by households with incomes of sixty percent
(60%) of median income or less or at least ten percent (10%) of the housing units
are deed-restricted or restricted by an agreement approved by the City for
occupancy by households with incomes of fifty percent (50%) of median income
or less. The required percentage of affordable housing units shall not apply to
any State density bonus units provided in the project.
(2) Affordable housing projects in which one hundred percent (100%) of
the housing units are deed-restricted or restricted by an agreement approved by
the City for occupancy by households with incomes of eighty percent (80%) of
median income or less.
(3) The requirements of subdivision (1) of this subsection (g) may also be
met through the provision of off-site affordable housing units subject to the
following provisions:
(A) The number of off-site affordable housing units provided by the project
shall be at least twenty-five percent (25%) greater than the number of on-site
19
units that would have been provided by the project to meet the requirements of
subdivision (1) of this subsection (g) of this Sec1ion.
(B) The off-site affordable housing units shall be developed in accordance
with the requirements of subsections (b) through (g) of Section 9.56.060 of this
Code.
(C) The off-site affordable housing units shall be located in an affordable
housing project in which one hundred percent (100%) of the housing units are
deed-restricted or restricted by an agreement approved by the City in accordance
with the following affordability levels:
(i) At least fifty percent (50%) of the housing units in the affordable
housing project shall be affordable to low (60% of median income) or very low
(50% of median income) income households, and
(ii) The remaining housing units in the affordable housing project shall be
affordable to moderate (100% of median income), low or very low income
households.
(D) The affordable housing project shall be developed to the maximum
allowable floor area for the zone in which the project is developed consistent with
the City's architectural design standards.
Square footage devoted to residential use shall be reduced by fifty percent when
calculating whether a development review permit is required.
20
(h) Maximum Uninterrupted Building Facade. Every one hundred feet of
building facade at the street frontage shall contain at least one public entrance or other
publicly accessible pedestrian-oriented use.
(i) Ground floor street frontage of each structure shall be designed with
pedestrian-orientation in accordance with Section 9.04.10.02.440 of this Chapter.
U) Parcels in the C3 district are requ ired to have ground-floor commercial
uses to a minimum depth of fifty (50) feet from the building front, except that on parcels
with ih Street frontage, the requirement shall be to a minimum depth of twenty-five (25)
feet from the building front. The spaces shall be provided in accordance with the
following formula:
Parce~ Frontaqe Minimum Size of Commercial Space
6th Street 50-99 feet 2,500 square feet
100 feet or more 5,000 square feet
ih Street 50-99 feet 1,250 square feet
100 feet or more 2,500 square feet
Corner parcels in the C3 district are required to have ground-floor pedestrian-
oriented uses.
Affordable housing projects as defined in Section 9.04.02.030.025 shall not be
subject to this subjection.
(k) The Planning Commission may exempt municipal buildings from the
requirements of subsections (h), (i) and U) of this Section if both of the following findings
of fact can be made in an affirmative manner:
21
(1 ) That the strict application of the provisions of this Chapter would result in
practical difficulties or unnecessary hardships inconsistent with the general purpose and
intent of this Chapter or that there are exceptional circumstances or conditions
applicable to the proposed development that do not apply generally to other
development covered by this Chapter;
(2) That the granting of an exception would not adversely affect surrounding
properties or be detrimental to the district's pedestrian oriented environment.
SECTION 4. Section 9.04.08.18.065 is hereby added to the Santa Monica
Municipal Code to read as follows:
Section 9.04.08.18.065 Special project design and development
standards.
(a) The entries to ground floor commercial spaces shall be at the same grade as
the adjacent public sidewalk. The finished floor level of the ground floor commercial
spaces shall be no more than six (6) inches below the average grade of the adjacent
sidewalk or twelve (12) inches above the average grade of the adjacent sidewalk.
(b) The ground floor level floor-to-floor height shall be a minimum of fifteen (15)
feet within the front fifty (50) feet of the building, except that for parcels within the C3
District fronting ih Street, this minimum fifteen (15) feet floor-to-floor height requirement
shall be within the front twenty-five (25) feet of the building. Affordable housing projects
as defined in Section 9.04.02.030.025 shall not be subject to this subsection (b).
22
(c) The Planning Commission, or the Architectural Review Board in the absence
of Planning Commission review, may modify the requirements of subsections (a) and
(b) of this Section if the following findings of fact can be made in an affirmative manner:
(1) That the strict application of the provisions of this Chapter would result in
practical difficulties or unnecessary hardships inconsistent with the general purpose and
intent of this Chapter or that there are exceptional circumstances or conditions
applicable to the proposed development that do not apply generally to other
developments covered by this Chapter; and
(2) That the granting of an exception would not adversely affect surrounding
properties or be detrimental to the district's pedestrian-oriented environment.
(d) For new buildings or additions to existing buildings that are adjacent to
buildings that are considered historic resources, all portions of the new building or
addition within a five (5) foot vertical distance from the cornice of the adjacent historic
resource shall be stepped back ten feet from the adjacent side property line and the
adjacent side wall shall be designed with the same level of finish and detailing as the
front fa9ade of the new construction. The Planning Commission, or Architectural Review
Board in the absence of Planning Commission review, may modify this requirement if
the following findings of fact can be made in an affirmative manner:
(1 ) The proposed modification enhances the compatibility of the new
construction and the historic resource; and
(2) The proposed modification complies with the Secretary of Interior's
Standards for the Rehabilitation of Historic Structures.
23
(e) Subject to the review and approval of the Architectural Review Board, a
landscaped area of twenty-five (25) square feet per fifty (50) feet of parcel street
frontage shall be provided and incorporated into the pedestrian-oriented design
elements required pursuant to Section 9.04.10.02.440. The required area may be
provided in any configuration except that landscaping shall be required in front of blank
walls along the building's streetfront. Landscaping located in front of storefront windows
shall be low-growing species that, at maturity, do not exceed the height of the adjacent
storefront window sill. The Architectural Review Board may modify this landscaping
requirement if the following finding of fact can be made in an affirmative manner:
(1)That the strict application of the provisions of this Chapter would result in
practical difficulties or unnecessary hardships inconsistent with the general purpose and
intent of this Chapter or that there are exceptional circumstances or conditions
applicable to the proposed development that do not apply generally to other
developments covered by this Chapter; and
(2) That the granting of an exception would not adversely affect surrounding
properties or be detrimental to the district's pedestrian-oriented environment.
SECTION 5. Santa Monica Municipal Code Section 9.04.08.18.065 is hereby
re-numbered as Section 9.04.08.18.070.
SECTION 6. Santa Monica Municipal Code Section 9.04.08.18.070 is hereby
re-numbered as Section 9.04.08.18.075.
24
SECTION 7. Santa Monica Municipal Code Section 9.04.08.20.070 is hereby
amended to read as follows:
Section 9.04.08.20.070 Special project design and development
standards.
(a) The entries to ground floor commercial spaces shall be at the same grade as
the adjacent public sidewalk. The finished floor level of the ground floor commercial
spaces shall be no more than six (6} inches below the average grade of the adjacent
sidewalk or twelve (12) inches above the average grade of the adjacent sidewalk.
(b) The ground floor level floor-to-floor height shall be a minimum of fifteen (15)
feet within the front fifty (50) feet of the building. Affordable housing projects as defined
in Section 9.04.02.030.025 shall not be subject to this subsection (b).
(c) The Planning Commission, or the Architectural Review Board in the absence
of Planning Commission review, may modify the requirements of subsections (a) and
(b) above if the following findings of fact can be made in an affirmative manner:
(1) That the strict application of the provisions of this Chapter would result in
practical difficulties or unnecessary hardships inconsistent with the general purpose and
intent of this Chapter or that there are exceptional circumstances or conditions
applicable to the proposed development that do not apply generally to other
developments covered by this Chapter; and
(2) That the granting of an exception would not adversely affect surrounding
properties or be detrimental to the district's pedestrian-oriented environment.
25
(d) For new buildings or additions to existing buildings that are adjacent to
buildings that are considered historic resources, all portions of the new building or
addition within a five (5) foot vertical distance from the cornice of the adjacent historic
resource shall be stepped back ten feet from the adjacent side property line and the
adjacent side wall shall be designed with the same level of finish and detailing as the
front fayade of the new construction. The Planning Commission, or Architectural Review
Board in the absence of Planning Commission review, may modify this requirement if
the following findings of fact can be made in an affirmative manner:
(1) The proposed modification enha nces the compatibility between the new
construction and the historic resource; and
(2) The proposed modification complies with the Secretary of Interior's
Standards for the Rehabilitation of Historic Structures.
(e) Ground floor street frontage of each structure shall be designed with
pedestrian orientation in accordance with Section 9.04.10.02.440 of this Chapter and
designed to accommodate pedestrian-oriented uses to a minimum depth of fifty feet
from the front of the structure.
(f) Subject to the review and approval of the Architectural Review Board, a
landscaped area of twenty-five (25) square feet per fifty (50) feet of parcel street
frontage shall be provided and incorporated into the pedestrian-oriented design
elements required pursuant to Section 9.04.10.02.440, The required area may be
provided in any configuration except that landscaping shall be required in front of blank
walls along the building's streetfront. Landscaping located in front of storefront windows
26
shall be low-growing species that, at maturity, do not exceed the height of the adjacent
storefront window sill. The Architectural Review Board may modify this landscaping
requirement if the following finding of fact can be made in an affirmative manner:
(1 ) That the strict application of the provisions of this Chapter would result in
practical difficulties or unnecessary hardships inconsistent with the general purpose and
intent of this Chapter or that there are exceptional circumstances or conditions
applicable to the proposed development that do not apply generally to other
developments covered by this Chapter; and
(2) That the granting of an exception would not adversely affect surrounding
properties or be detrimental to the district's pedestrian-oriented environment.
(g) A development review permit is required for any new development
of more than seven thousand five hundred (7,500) square feet of floor area and
for any development with rooftop parking, except the following projects shall be
subject to a development review permit if in excess of thirty-thousand (30,000)
square feet:
(1) Projects that contain a minimum of eighty percent (80%) of floor area
devoted to multi-family residential use provided that at least twenty percent
(20%) of the housing units are deed-restricted or restricted by an agreement
approved by the City for occupancy by households with incomes of sixty percent
(60%) of median income or less or at least ten percent (10%) of the housing units
are deed-restricted or restricted by an agreement approved by the City for
occupancy by households with incomes of fifty percent (50%) of median income
27
or less. The required percentage of affordable housing units shall not apply to
any State density bonus units provided in the project.
(2) Affordable housing projects in which one hundred percent (100%) of
the housing units are deed-restricted or restricted by an agreement approved by
the City for occupancy by households with incomes of eighty percent (80%) of
median income or less.
(3) The requirements of subdivision (1) of this subsection (g) may also be
met through the provision of off-site affordable housing units subject to the
following provisions:
(A) The number of off-site affordable housing units provided by the project
shall be at least twenty-five percent (25%) greater than the number of on-site
units that would have been provided by the project to meet the requirements of
subdivision (1) of this subsection (g) of this Section.
(B) The off-site affordable housing units shall be developed in accordance
with the requirements of subsections (b) through (g) of Section 9.56.060 of this
Code.
(C) The off-site affordable housing units shall be located in an affordable
housing project in which one hundred percent (100%) of the housing units are
deed-restricted or restricted by an agreement approved by the City in accordance
with the following affordability levels:
(i) At least fifty percent (50%) of the housing units in the affordable
housing project shall be affordable to low (60% of median income) or very low
(50% of median income) income households, and
28
(ii) The remaining housing units in the affordable housing project shall be
affordable to moderate (100% of median income), low or very low income
households.
(D) The affordable housing project shall be developed to the maximum
allowable floor area for the zone in which the project is developed consistent with
the City's architectural design standards.
Square footage devoted to residential uses shall be reduced by fifty percent when
calculating whether a development review permit is required.
SECTION 8. Santa Monica Municipal Code Section 9.04.10.04.060 is hereby
amended to read as follows:
Section 9.04.10.04.060 Required landscape area for building sites.
(a) In all residential districts, including the RVC District, a minimum of fifty
percent of the required front and side yard setback shall be landscaped, except that for
parcels less than fifty feet in width, fifty percent of one side yard shall be landscaped. In
OP-1, OP-2, OP-3, and OP-4 Districts, all areas not covered by sidewalks, driveways,
porches, garages or buildings, shall be treated as landscaped areas, as defined in this
Chapter.
(b) In the C2, C4, C6 and BCD Districts, a landscape area equal in square
footage to one and one-half times the street frontage of the parcel shall be provided
adjacent to each public street right-of-way. The required area may be provided in any
configuration except that no portion of the building shall be located between the
29
landscape area and the public right-of-way and only areas within ten feet of the parcel
line shall count toward this requirement. For purposes of this Section, landscape areas
shall be considered to be in-ground planters and shall not include hardscape. The
landscape requirements for the C2, C4, C6 and BCD Districts may be modified subject
to the review and approval of the Architectural Review Board if the Board determines
that an alternative landscape configuration would meet the objectives of this
requirement. The Architectural Review Board may require either more or less
landscaping than would otherwise be required by this Chapter if the following findings
are made:
(1 ) That the strict application of the provisions of Section 9.04.10.04.060(b)
would result in practical difficulties or unnecessary hardships inconsistent with the
general purpose and intent of the Santa Monica Municipal Code and the Land Use
Element or that there are exceptional circumstances or conditions applicable to the
proposed project that do not apply generally to other sites covered by the Section;
(2) That the granting of a Landscape Setback Adjustment would not adversely
affect public welfare, and would not be detrimental or injurious to property and
improvements in the surrounding area;
(c) For all new construction or major remodeling in the C5 Special Office District,
a landscaped area at least fifteen feet wide shall be provided and maintained
immediately adjacent to all property lines adjacent to streets or rights-of-way except in
required driveway or other access areas.
30
SECTION 9. Santa Monica Municipal Code Section 9.04.10.08.040 is hereby
amended to read as follows:
Section 9.04.10.08.040 Number of parking spaces required.
Parking space requirements are indicated in Table 9.04.10.08.040.
31
TABLE 9.04.10.08.040
RESIDENTIAL
(FA = floor area)
Use Minimum Off-Street Maximum Percent
Compact Spaces
Parking Requirement Allowed
Artist studio 1 space for each 750 sq. ft. None
of residential area, minimum
of 1 space.
1 space for each 400 sq. ft. 40
of manufacturing space.
1 space for each 300 sq. ft. 40
of retail gallery space.
Visitor spaces 1 space per 5 residential 40
units (applies to projects of 5
or more residential units).
Boarding homes 0.5 space per unit plus one 40
guest space per 5 units.
Boarding homes deed 0.25 space per unit plus one 40
restricted to low and moderate guest space per 5 units.
income
Condominiums:
Studio, no bedrooms 1 covered space. None
1 or more bedrooms 2 covered spaces per unit. None
Visitor spaces 1 space per 5 units (applies 40
to projects of 5 or more
units).
32
.
Congregate housing 1 space per 5 beds. 40
Detached single family units 2 spaces in a garage per None
dwelling unit.
Detached single family units 2 spaces in a garage which None
on lots of 30 ft. or less in width may be in a tandem
arrangement.
Detached single family units 2 spaces in a garage per None
on Pacific Coast Hwy. north of dwelling unit.
Santa Monica Pier (LCP
Subarea 1 a)
Visitor spaces 2 per dwelling unit (may be None
tandem).
Domestic violence shelters .5 space per bedroom. 40
Fraternity-type housing with 1 space per bed. 40
sleeping facilities
Homeless shelters 1 space per 10 beds. 40
Multi-family residential:
Studio, no bedrooms 1 covered space. None
1 bedroom 1.5 space per unit. None
2 or more bedrooms 2 spaces per unit. None
Visitor spaces 1 space per 5 units (applies 40
to projects of 5 or more
units).
Any surface parking shall be
provided in the rear half of
the residential lot.
33
Multi-family housing deed-
restrict ed for occupancy by
low and moderate income
households
Studio, no bedrooms 1 space per unit. 40
1 bedroom 1 space per unit. 40
2 bedroom or larger 1.5 spaces per unit. 40
Visitor 1 space per 5 units (applies 40
to projects of 5 or more
units).
Senior group housing and 0.5 space per u nit plus 1 40
senior housing guest space per 5 units.
Senior group housing and 0.25 space per unit plus 1 40
senior housing that is deed guest space per 5 units.
restricted or restricted by an
agreement approved by the
City for low and moderate
income
Single-room occupancy 0.5 space per unit plus 1 40
guest space per 5 units.
Single-room occupancy deed 0.25 space per unit plus 1 40
restricted to low and moderate guest space per 5 units.
income
Transitional housing 0.5 space per bedroom plus 40
1 guest space per 5 units.
34
COMMERCIAL
(FA = floor area)
Use Minimum Off-Street Parking Maximum Percent
Requirement Compact Spaces
Allowed
Automobile rental 1 space per 500 sq. ft. of FA plus 1 40
agency space per 1,000 sq. ft. of outdoor
rental storage area. *
Automobile repair 1 space per 500 sq. ft. of non-service 40
bay FA plus 2 spaces per service
bay.*
* No required off-street parking space shall be used for sale, rental or repair of autos.
Automobile service 3 spaces if for full service station, 1 40
station with or space if for self service station, plus 1
without mini-mart space for each 100 sq. ft. of retail, and
requirements for automobile repair
where applicable
Automobile sales 1 space per 400 sq. ft. of floor area for
showroom and office, plus 1 space per
2,000 sq. ft. of exterior display area
. and requirements for automobile repair
where applicable, plus 1 space per
300 sq. ft. for the parts department.
Auto washing (self- 2 spaces for each washing stall, not None
service or coin including the stall.
operated)
General office 1 space per 300 sq. ft. of FA. 40
Hotels, motels 1 space per guest room plus 1 space 40
for each 200 sq. ft. used for meetings
and banquets. Other uses such as
bars and restaurants which are open
to the general public shall provide
parking as required by th is Section.
35
Lumber yards, plant 1 space per 300 sq. ft. of FA for 40
nurseries interior retail plus 1 space per 1,000
sq. ft. of outdoor area devoted to
display and storage.
Market of less than 1 space per 225 sq. ft. 40
5,000 sq. ft., liquor
store
Markets 2,500 sq. ft. 1 space per 300 sq. ft. 40
or less in the BSCD,
C3 and C3C
districts
Markets with floor 1 space per 250 sq. ft. 40
area greater than
5,000 sq. ft.
Restaurant:
Restaurants 2,500 1 space per 300 sq. ft 40
sq. ft. or less with no
separate bar area
located in the
BSCD, C3 and C3C
districts
Restaurant 1 space per 300 sq. ft. of support area, 40
1 space per 75 sq. ft. of service and
seating area open to customers, and 1
space per 50 sq. ft. of separate bar
area.
Fast food, take-out, 1 space per 75 sq. ft. of FA. Minimum 40
drive-in, drive- of 5 spaces must be provided.
through restaurants
Bars and nightclubs 1 space per 50 sq. ft of FA. 40
(dance halls, discos,
etc.) Portions of restaurants that include
bars shall be calculated using this
standard.
36
Retail:
Retail, general and 1 space per 300 sq. ft. of FA. 40
service
Retail, furniture and 1 space per 500 sq. ft. of FA. 40
large appliance
EDUCATIONALlCUL TURAL
(FA = floor area)
Use Minimum Off-Street Parking Maximum Percent
Requirement Compact Spaces
Allowed
Auditoriums 1 space per 4 fixed seats. 40
Day care:
Small family day No requirement above that required for Not applicable
care home the existing residence.
Large family day No requirement above that required for Not applicable
care home the existing residence.
Preschool nursery 1 space per 500 sq. ft. of building 40
schools, day care area.
centers excluding
large/small family
day care
Libraries 1 space per 250 sq. ft. of FA. 40
Museums and 1 space per 300 sq. ft. of FA. 40
galleries
Private elementary 10 spaces plus 1 per classroom. 40
schools
37
Private junior high 30 spaces plus 1 space per 40
schools classroom.
Private high schools 50 spaces plus 4 spaces per 40
classroom.
Private colleges, 1 space per 80 sq. ft. of assembly area 40
professional (including classroom area) or 1 space
business or trade per each 4 fixed seats, whichever is
schools greater.
Stadiums 1 space per 5 seats. 40
HEALTH SERVICES
(FA = floor area)
Use Minimum Off-StreetParking Maximum Percent
Requirement Compact Spaces
Allowed
Convalescent 1 space per 5 beds. 40
homes, residential
care facilities
community care
facilities, rest home,
residential facilities
for 7 or more
persons
Hospice facilities 2 spaces.
Hospitals and 1 space per 2 beds plus 1 space per 40
medical centers 250 sq. ft. of FA for outpatient use.
Massa e 40
38
Medical and dental 1 space per 250 sq. ft. of FA. 40
offices and clin ics
including physical
therapists,
acupuncturists and
chiropractors, 1,000
sq. ft. or greater
total FA per building
Medical and dental 1 space per 300 sq. ft. of FA. 40
offices and clin ics
including physical
therapists,
acupuncturists and
chiropractors, less
than 1,000 sq. ft.
total FA per building
Mental health 1 space per 300 sq. ft. 40
professionals
Residential care No requirement beyond that required Not applicable
facilities with a for the residence.
capacity of 6 or
fewer residents
Veterinarians, 1 space per 250 sq. ft. of FA. 40
animal and
veterinary hospitals
39
INDUSTRIAL
USES
(FA=floor area)
Use Minimum Off-Street Parking Maximum Percent
Requirement Compact Spaces
Allowed
Film production studio 1 space per 400 sq. ft. of studio 40
production space, 1 space per
300 sq. ft. of editing FA, 1 space
per 300 sq. ft. of administrative
office.
Light and limited 1 space per 400 sq. ft. of FA for 40
industrial manufacturing manufacturing plus 1 space per
300 sq. ft. of FA for office use.
Mini-warehousing! 1 space per 4,000 sq. ft. of FA 40
storage for manufacturing plus 1 space
per 300 sq. ft. of FA for office
use.
Warehouse 1 space per 1,000 SQ. ft. 40
40
COMMERCIAL
ENTERTAINMENT AND
RECREATION
(FA=floor area)
Minimum Off-Street Parking Maximum Percent
Use Requirement Compact Spaces
Allowed
Bowling alleys 2 spaces per lane, plus 50% of 40
requirements for related
commercial uses.
Billiard or pool parlors, 1 space per 80 sq. ft. of FA of 40
roller or ice skating assembly area.
rinks, exhibition halls
and assembly halls
without fixed seats,
including assembly
areas within community
centers, private clubs,
lodge halls and union
headquarters
Health clubs, indoor 1 space per 80 sq. ft. of exercise 40
athletic facilities and area, 1 space per each 300 sq.
exercise/dance studios ft. of locker room/sauna/shower
area, plus applicable code
requirement for other uses.
Theaters, cinemas 1 space per 4 fixed seats or 1 40
(single and multi- space per 80 sq. ft. of FA of
screen) and other assembly area, whichever is
places of assembly greater.
Tennis, handball, 2 spaces per court plus 1 space 40
racquetball and other per 80 sq. ft. of spectator area or
athletic court facilities 1 space per 4 fixed seats,
whichever is greater.
41
MISCELLANEOUS
(FA=f1oor area)
Use Minimum Off-Street Parking Maximum Percent
Requirement Compact Spaces
Allowed
Places of worship and 1 space per 80 sq. ft of FA of 40
other places of assembly area, or 1 space for
assembly including each 4 fixed seats, whichever is
mortuaries, banquet greater, plus requirements for
facilities and convention other uses as applicable.
facilities
SECTION 10.Santa Monica Municipal Code Section 9.04.10.08.090 is hereby
amended to read as follows:
Section 9.04.10.08.090 Parking access in non-residential
districts.
The following parking access requirements shall apply to the Commercial
and Industrial Districts:
(a) Projects in the BSC, C3 for that area located between the centerlines of
Colorado Avenue to the south and Wilshire Boulevard to the north, and C3C zoning
districts shall access on-site parking from the alley and non-residential or mixed use
projects located in other commercial zoning districts requiring ten or fewer parking
spaces shall not be permitted to have any new curb cuts for purposes of providing on-
site parking spaces, except where a project meets at least one of the following
conditions:
42
(1 ) The site has no adjacent side or rear alley having a minimum of
twenty feet wide right-of-way;
(2) The topography or configuration of the site, or placement of existing
buildings to remain on the site, precludes reasonable alley access to a sufficient
number of parking spaces to the extent that use of the property is restricted
beyond otherwise applicable development standards, as determined by the
Zoning Administrator and Transportation Planning Manager, or Planning
Commission or City Council, depending upon which body is charged with making
the determination;
(3) The average slope of the parcel is at least five percent;
(4) A residential district is located directly across any alley that would
be used for access;
(5) The project includes one or more of the following uses: automobile service
station, automobile or vehicle repair, hotel or motel, drive-in or drive-through business,
high volume use as determined by the Zoning Administrator;
(6) The Zoning Administrator and the Transportation Planning Manager
determine that a curb cut is appropriate due to traffic, safety or circulation
concerns.
(b) If curb cuts are necessary, curb cut widths shall be kept to the
minimum width required.
(c) On lots with adequate alley access, projects with new buildings or
substantial remodels shall be required to replace any existing curb cuts and
43
driveway aprons as required by the Environmental and Public Works
Management Department.
SECTION 11. Any provision of the Santa Monica Municipal Code or
appendices thereto inconsistent with the provisions of this Ordinance, to the extent of
such inconsistencies and no further, is hereby repealed or modified to that extent
necessary to effect the provisions of this Ordinance.
SECTION 12. This Ordinance shall apply to any application for development
projects determined complete after May 10, 2006 unless the development application
was filed on May 10, 2006 and determined complete by June 26, 2006. The
provisions of Sections 2 and 3 of Ordinance No. 2124 (CCS) are hereby repealed. All
other provisions of Ordinance No. 2124 (CCS) shall remain in full force and effect.
SECTION 13. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence,
clause, or phrase not declared invalid or unconstitutional without regard to whether
any portion of the ordinance would be subsequently declared invalid or
unconstitutional.
44
SECTION 14. The Mayor shall sign and the City Clerk shall attest to the
passage of this Ordinance. The City Clerk shall cause the same to be published once
in the official newspaper within 15 days after its adoption. This Ordinance shall
become effective 30 days from its adoption.
45
Approved and adopted this 25h day of May, 2006.
~/-~
Robert T. Holbrook, Mayor
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2187 (CCS) had its introduction on May 9, 2006, and was
adopted at the Santa Monica City Council meeting held on May 25, 2006, by the
following vote:
Ayes: Council members: Bloom, Genser, Katz, McKeown, O'Connor,
Mayor Pro Tern Shriver, Mayor Holbrook
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: None
ATTEST:
46