Council Mtg: February 28, 2006 Santa Monica, California

TO: Mayor and Councilmembers

FROM: City Staff

SUBJECT: Introduction and First Reading of an Ordinance Implementing Modifications to Downtown Design and Development Standards

INTRODUCTION

This report recommends that the City Council introduce for first reading an ordinance to implement revisions to the design, development and off-street parking standards for the Downtown. The ordinance, which proposes modifications to ground floor commercial spaces, landscaping, off-street parking standards, and construction standards for buildings adjacent to historic resources, is included as Attachment A.

BACKGROUND

On September 13, 2005, the Council conducted a public hearing regarding potential revisions to the design and development standards for the Downtown. Following the public hearing and discussion, Council directed staff to return with an ordinance that would modify the Downtown design and development standards in the following areas:

Require minimum 18-foot floor-to-floor heights on the ground level of buildings in the Bayside (BSC) District and 15-foot floor-to-floor ground level heights in the C3 (Downtown Commercial) and C3C (Downtown Overlay) districts;

Modify the landscaping requirements in the C3 and C3C districts;

Modify the off-street parking requirements for small markets and restaurants;

Modify the access requirements for off-street parking;

Require delineation between the ground floor and upper levels in the design of street-front building facades;

Address the treatment of new construction that is adjacent to structures that are considered historic resources; and

Review the proposed standards and their impacts on the development of places of worship.

On November 8, 2005 the Council conducted another public hearing to consider the revised ordinance prepared by staff pursuant to Council’s direction. Following the public hearing and discussion, Council directed staff to return with an ordinance that would include additional modifications to the Downtown design and development standards in the following areas:

Require a minimum 15-foot floor-to-floor height at the ground floor to accommodate commercial uses within the front 50 feet of buildings in the C3 and C3C districts, except that in the C3 district along Seventh Street, this requirement would apply to the front 25 feet;

Require that the ground-floor commercial space be designed to minimize the change in elevation between the sidewalk and the finished floor;

Modify the landscaping requirement in the C3 and C3C districts to limit landscaping to low-level plantings that do not exceed the height of the ground-floor storefront window sill;

Explore options for exempting places of worship from certain standards;

Simplify or delete the ordinance language that requires a “clear delineation” between the ground floor and upper floors of buildings in the Downtown; and

Explore options to exempt projects already submitted for City review from the new standards and to allow extensions to processing times where appropriate.

This direction from Council was, in part, a response to recommendations forwarded by the Architectural Review Board to the Council prior to the November 8, 2005 Council meeting.

ANALYSIS

Minimum ground-level floor-to-floor heights:

On September 13, 2005, the Council directed staff to prepare ordinance language to require minimum 18-foot floor-to-floor heights on the ground level of buildings in the Bayside (BSC) District and 15-foot floor-to-floor ground-level heights in the C3 (Downtown Commercial) and C3C (Downtown Overlay) districts. The minimum ground-level heights are intended to enhance pedestrian orientation and better accommodate street-oriented uses such as retail and restaurants which require higher ceilings to account for such things as venting and duct work and to allow for mezzanine levels, particularly within restaurants.

On November 8, 2005, the Council directed staff to modify these standards to be consistent with the Architectural Review Board (ARB) recommendation that a minimum 15-foot floor-to-floor height at the ground level be required within the front 50 feet of buildings in the C3 and C3C districts, except that in the C3 district along Seventh Street, this requirement would apply to the front 25 feet. Affordable housing projects would continue to be exempt from these provisions, consistent with the proposed ordinance considered by the Council on November 8th.

Grade level of ground-floor commercial spaces

The Council also expressed concern regarding the grade level of ground-floor commercial spaces relative to the adjacent sidewalk and the objectives for enhanced pedestrian orientation in the Downtown. Because the grade in the Downtown generally slopes from northeast to southwest, grade level changes from sidewalk to ground-floor commercial spaces can be problematic. Council directed staff to consider ordinance language to address this issue.

Staff has identified three potential design approaches to the issue:

Require that the ground floor entries be at the same grade as the adjacent sidewalk and that the finished floor level of the ground floor commercial space be no more than six inches above or below the grade of the adjacent sidewalk. This design approach could lead to split-slab buildings that are more expensive to build and could result in smaller individual tenant spaces that could limit the ability of the property owner to lease the ground floor space.

Require that the ground floor entries be at the same grade as the adjacent sidewalk and that the finished floor level of the ground floor commercial space be no more than six inches above or below the average grade of the adjacent sidewalk. This design approach could alleviate the creation of split-slab buildings and allow for a uniform ground floor grade level.

Require that the ground-floor commercial spaces be designed in manner to ensure that there is a minimal change in the elevation from the sidewalk to the finished floor of the commercial space.

Staff has included the language suggested in the second option above because it could alleviate the potential for split-slab buildings. In addition, the City Attorney’s Office has advised that the third approach may be inappropriate because the language (“minimal”) is too subjective. Objective standards are accomplished with the six-inch benchmark noted in the first and second alternatives.

Modify the landscaping requirements in the C3 and C3C districts:

The Council also discussed the impacts of required site landscaping on the pedestrian environment in the Downtown and directed staff to include language in the ordinance that would modify the landscaping requirements in the C3 and C3C districts. The Council’s latest direction to staff was to modify the requirements for landscaping in the context of the pedestrian orientation of the area and limit the height of plantings in front of storefront windows.

Recommended ordinance language related to this approach reads as follows:

Subject to the review and approval of the Architectural Review Board, a landscaped area of 25 square feet per 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 street-front. Landscaping located in front of storefront windows shall be low-growing species that at maturity will not exceed the height of the adjacent storefront window sill.

Staff recommends that the Architectural Review Board be permitted to modify these requirements if specified findings can be made.

Require delineation between ground floors and upper levels in street-front design:

In September, Council directed staff to propose ordinance language that would require a clear street-front distinction between the ground floor and upper floors of buildings. Council considered the following ordinance language on November 8, 2005:

In any new building or existing building with a reconstructed street-front facade, there shall be a clear delineation between the ground floor and the upper floors which is complementary to the overall design of the building façade. Such delineation may include, but is not limited to, design elements such as articulation, change in plane, change in colors and materials or fenestration.

Following its review, Council directed staff to simplify the above paragraph in recognition of the fact that the proposed requirement for higher ground-floor floor-to-floor heights, in concert with the pedestrian-oriented design requirements which result in sidewalk entrances and increased glazing at the ground floor, may be sufficient to create the desired delineation. Staff recommends deleting this paragraph, as the other requirements will help achieve this objective.

If Council desires some language related to variation of the ground floor, the requirement could be simplified by changing “delineation” to “distinction” and remove the list of ways to create distinction, as follows:

In any new building or existing building with a reconstructed street-front facade, there shall be a clear architectural distinction between the ground floor and the upper floors which is complementary to the overall design of the building façade, subject to the review and approval of the Architectural Review Board.

This approach would leave it up to the ARB to determine if the distinction has been made between floors.

Review impact of proposed standards on places of worship:

In response to concerns raised by representatives of a church located in the Downtown, Council directed staff to explore exempting places of worship from the new development and design standards. The church representatives proposed exempting houses of worship of no more than two stories from the existing requirements for upper-level stepbacks, proposed standards for design differentiation between the ground-level and upper-floors and existing standards for pedestrian-oriented design. (As discussed above, staff recommends that the language regarding design differentiation be deleted from the proposed ordinance.) The following language would provide for an exemption from the upper-level stepback and pedestrian-oriented design requirements:

Places of worship containing no more than two stories in the C3 and C3C Districts shall be exempt from the upper-level stepback requirements of Section 9.04.10.02.050 and the pedestrian-oriented design requirements of Section 9.04-10.02.440.

Creating a carte blanche exemption from these standards for places of worship could result in box-like structures that adversely affect the pedestrian environment in the Downtown, particularly at the street level. While certain churches may have requirements that do not allow them to meet the standards, staff is not aware of a universal reason why places of worship could not comply with these standards. Existing development standards include provisions allowing for the ARB to approve modifications to the standards for pedestrian-oriented design and the proposed ordinance allows for modifications to the minimum ground-floor heights where appropriate for any building. Staff supports this individualized approach, rather than exempting all places of worship based on the needs of one particular church. In order to fully support the church’s request for flexibility, adoption of the following language would provide relief from the upper-level stepback requirements upon review by the Planning Commission or Architectural Review Board:

9.04.10.02.040 Building volume envelope.

All new buildings and additions to existing buildings shall not project beyond the building volume envelope. The building volume envelope shall consist of a theoretical plane beginning at the street frontage extending to a height of thirty feet. Buildings above two stories or thirty feet shall comply with the following setbacks at the street frontage:

Any portion of a structure between thirty-one to forty-five feet: Nine-foot average setback

Any portion of a structure between forty-six to fifty-six feet: Eighteen-foot average setback

Any portion of a structure between fifty-seven to eighty-four feet: Twenty-seven-foot average setback.

The Planning Commission, or the Architectural Review Board in the absence of Planning Commission review, may modify the requirements 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.

Exempt Projects Already Submitted for City Review

The Council also directed staff to explore ordinance language that exempts projects already under review by the City and allows for extensions to processing times for those projects. The proposed ordinance includes language that the new standards would apply to projects whose applications are deemed complete following the effective date of the ordinance. Current projects with complete applications would not be subject to the new requirements.

With regard to projects whose applications or entitlements have expired, the projects are required to comply with current standards. When the provisions of Ordinance No. 2124 (CCS) were first adopted, staff is aware of only one project whose entitlements expired and was subsequently required to comply with the provisions of the interim ordinance. In this case, the delay in the processing of the project was not caused by any City action or inaction. Therefore, staff does not believe that the proposed ordinance will have significant impacts on projects in the Downtown that were designed prior to the effective date of the ordinance. However, if the Council wishes to allow for extension of expired permits pursuant to the standards in place when an application was originally submitted, it could be accomplished pursuant to the following ordinance language:

Projects whose applications have been submitted to the City prior to the effective date of this ordinance are not subject to the standards contained herein and may receive extensions to processing and permit timelines notwithstanding this change in law.

Other Ordinance Elements

Other design standard modifications that were reviewed by Council on November 8, 2005, including standardized off-street parking requirements, standards for construction adjacent to historic resources, limitations on non-alley driveways, and maintaining the development review threshold, are included in the ordinance and detailed in the November 8, 2005 staff report (Attachment C).

Architectural Review Board input

As noted above, the ARB forwarded recommendations to the Council for its November 8, 2005 hearing on the proposed Downtown development and design standards. The Council incorporated most of the recommendations of the ARB into its direction to staff. The ARB re-considered the revised ordinance that reflects this direction at their January 23, 2006 meeting. The Board re-affirmed their previous recommendations and offered an additional recommendation to require minimally sized pedestrian-oriented uses in the C3 district. Consistent with the recommended minimum ground level floor-to-floor heights, the ARB suggests that pedestrian-oriented uses be required on the ground floor a minimum of fifty-feet from the front of the buildings on 6^th Street and twenty-five feet on 7^th Street. In addition, the ARB recommends that the following standards be adopted for these ground floor spaces:

Parcel Frontage Minimum Size of Pedestrian-Oriented Space

6^th Street 50-feet 2,500 square feet

100-feet 5,000 square feet

7^th Street 50-feet 1,250 square feet

100-feet 2,500 square feet

These minimum standards would ensure that non-commercial uses such as residential lobbies, stairways, exits, etc. would not reduce the size of the ground floor pedestrian-oriented uses and allow architects flexibility in the design of ground floor spaces. The ordinance language would read as follows:

Parcels in the C3 district are required to have ground-floor pedestrian-oriented uses to a minimum depth of fifty (50) feet from the building front, except that on parcels with 7^th Street frontage, the requirement shall be to a minimum depth of twenty-five (25) feet from the building front. The pedestrian-oriented spaces shall be provided in accordance with the following formula:

Parcel Frontage Minimum Size of Pedestrian-Oriented Space

6^th Street 50-99 feet 2,500 square feet

100-feet or more 5,000 square feet

7^th Street 50-99 feet 1,250 square feet

100-feet or more 2,500 square feet

Affordable housing projects as defined in Section 9.04.02.030.025 shall not be subject to this subsection.

The area of the Downtown along 6^th and 7^th Streets is quite different than that most adjacent to the Third Street Promenade along 2^nd, 4^th and 5^th Streets. It serves as a transitional area between the core of the Downtown and the commercial area along Lincoln Boulevard. In recognition of this, Land Use Element Policy 1.3.4 requires ground floor pedestrian-oriented uses within the Downtown area from 2^nd Street to 5th Street, but only requires pedestrian-oriented design along 6^th and 7^th Streets. Therefore, staff believes that modifying land uses at the ground level in the C3 district is an issue that is outside of the scope of Council’s direction to modify design standards in the Downtown. The changes in the Downtown, in particular the substantial increase in the number of residential units over the past ten years, require that the City re-examine the mix of ground-floor land uses on 6^th and 7^th Streets that are allowed by Code. However, this issue is best incorporated as part of the Land Use Element and Zoning Ordinance update which will consider the entirety of the Downtown and the surrounding areas and the role that 6^th and 7^th Streets will play in the future. As some of these mid-block commercial spaces may have limited viability as pedestrian-oriented uses (retail and restaurants), it could result in long-term vacancies, and resultant negative effects on the pedestrian environment. In addition, it could limit the richness of activity in the Downtown that comes from a variety of pedestrian-oriented uses mixed with other commercial uses, such as insurance offices, local business organizations, architecture studios, etc. Nevertheless, if the Council wants to require ground floor pedestrian-oriented uses on 6^th and 7^th Streets, staff suggests the following two approaches also be considered:

Require Ground-floor Pedestrian-Oriented Uses at Intersections Only

The ARB recommendation requires ground-floor pedestrian-oriented uses on all parcels on 6^th and 7^th Streets in the C3 district. These uses may not be as viable in the mid-block areas, but may make sense on those corner parcels at Colorado Avenue, Broadway, Santa Monica Boulevard and Arizona Avenue. Ordinance language could read as follows:

Corner parcels in the C3 district are required to have ground-floor pedestrian-oriented uses to a minimum depth of fifty (50) feet from the streetfront property lines, except that on parcels with 7^th Street frontage, the requirement shall be to a minimum depth of twenty-five (25) feet from the streetfront property lines. Affordable housing projects as defined in Section 9.04.02.030.025 shall not be subject to this subsection.

Ground-floor pedestrian-oriented uses at the street corners of the Downtown will have much more visibility, viability and marketability. However, parcels that are 50 feet in width which typically have ground-level parking may experience design difficulties.

Require Ground-floor Pedestrian-Oriented Uses Only on Parcels with Widths of 100 feet or More

Ground-floor pedestrian-oriented uses within buildings that have only 50-feet of street frontage may not be that viable from a design standpoint. Mixed-use buildings require non-commercial elements at the building front including residential entrances and lobbies which reduce the street frontage exposure of the commercial uses and result in narrower spaces that extend further into the ground floor away from the streetfront. This resulting design is not good for the commercial space and would extend into the area of the ground level parking that typically is provided in these projects. If the Council wants to consider this option, however, ordinance language could be crafted as follows:

Parcels in the C3 district with street frontage of 100 feet or more are required to have ground-floor pedestrian-oriented uses to a minimum depth of fifty (50) feet from the building front, except that on parcels with 7^th Street frontage, the requirement shall be to a minimum depth of twenty-five (25) feet from the building front. Affordable housing projects as defined in Section 9.04.02.030.025 shall not be subject to this subsection.

General Plan Consistency

The proposed text amendments are consistent with and reinforce the City’s Land Use Element (LUE) policies and objectives. Specifically, policies and objectives for the Downtown Core and Downtown Frame Land Use Districts are intended to maintain the Downtown as the center of pedestrian activity for the City.

The proposed ordinance is consistent with policies contained in the Land Use Element. Specifically, 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. Requiring greater floor-to-floor ground floor spaces ensures more useable ceiling heights and more functional and airy commercial spaces, especially for restaurants.

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. A small reduction in the required on-site parking requirements for small markets and restaurants is consistent with this policy as the use of the Downtown public parking structures will be enhanced with the reduction in the requirement for private parking spaces. In addition, 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.

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. 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. The proposed ordinance requires a clear delineation between the ground floor and upper floors of buildings which is consistent with Policy #3.1.1. Consistent with Policy #3.1.3, the proposed ordinance requires special treatment to new buildings and new construction that are proposed next to buildings that are considered historic resources.

Staff believes that increasing the ground floor heights without increasing building heights and the potential consequent loss of housing production would not be contrary to the Housing Element. Specifically, the City’s contribution to regional housing production would not be affected as multi-family housing production within the City has significantly outpaced that required to achieve the City’s fair share contribution goal. Specifically, the City’s regional “fair share” or housing unit goal as contained in the current Housing Element is 2,208 units. With 2,215 units completed and 566 units with building permits issued through June 30, 2005, the City has already greatly exceeded its housing unit production goal. In addition, the ordinance language recommended by staff allows for a modification of this requirement by the Planning Commission, or the Architectural Review Board in the absence of Planning Commission review.

Conclusion

The goal for the Downtown is for a higher-quality pedestrian-oriented environment. The proposed text amendments provide modifications to development and design standards that meet public policy intentions to enhance the pedestrian experience in the Downtown.

CEQA STATUS

The project is categorically exempt (Class 5) from the provisions of CEQA pursuant to Section 15305(a) of the State Implementation Guidelines in that the project involves a minor alteration in the land use limitations on parcels which have a slope of less than 20% and does not result in any change in land use or density. The proposed ordinance enacts modifications to existing development and off-street parking standards and the incorporation of design standards for buildings within the Downtown that do not increase the allowable floor area or modify the land uses permitted within the area.

In addition, the modifications to the off-street parking requirements for small markets and restaurants is exempt from CEQA pursuant to Section 15301, Class 1 which covers the operation and permitting of existing private structures and facilities involving no or a negligible expansion of use. The proposed ordinance will not permit any expansion of an existing private structure or facility.

In addition, the proposed ordinance is exempt from the provisions of CEQA pursuant to Section 15061(b)(3) which states that only projects that have a potential for causing a significant effect on the environment are subject to environmental review. Modifications to building façade and pedestrian-oriented design standards and the incorporation of development standards that require consideration of adjacent historic resources will not have significant environmental effects and will enhance the pedestrian environment in the Downtown. In addition, the modifications to the off-street parking requirements for small markets and restaurants in the Downtown will not have a significant effect on the environment since the Downtown area is the focal point for transit in the City which reduces the need for vehicular travel and is home to a large number of visitors, employees and residents who are potential patrons of these businesses and who would also not use vehicles. In addition, there is a significant number of public parking structures in the area, including the new Main Library parking structure, that would serve these businesses. Finally, from a practical standpoint, the on-site parking spaces that are provided for ground floor commercial businesses are generally not utilized by patrons since vehicular access to the parking spaces is generally from the rear alley and difficult to find.

PUBLIC NOTIFICATION

Pursuant to Government Code Section 65804, notice of the public hearing for the Text Amendment was published in the “California” Section of the Los Angeles Times newspaper at least ten consecutive calendar days prior to the hearing. Notice of the public hearing was also sent to all neighborhood organizations, and posted on the City’s Web site. A copy of the notice is contained in Attachment B.

BUDGET/FINANCIAL IMPACT

The recommendation presented in this report does not have any budget or fiscal impact.

RECOMMENDATION

It is recommended that the Council introduce for first reading the ordinance contained in Attachment A.

Prepared by: Andy Agle, Interim Director

Amanda Schachter, Planning Manager

Paul Foley, Principal Planner

City Planning Division

Planning and Community Development Department

ATTACHMENTS:

A. Proposed Ordinance - Scroll Down

B. Notice of Public Hearing - Scroll Down

C. November 8, 2005 City Council Staff Report - Scroll Down

ATTACHMENT A

PROPOSED ORDINANCE

F:\MunicipalLaw\Share\LAWS\BARRY\DowntownDesignOrd2006.doc

City Council Meeting 2-28-06 Santa Monica, California

ORDINANCE NUMBER (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

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

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 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 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

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.

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 Height	Maximum Number of Stories	Maximum FAR
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 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;

(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;

(B) All inclusionary units required by Chapter 9.28 of this Code are provided on-site;

(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;

(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;

(6) With approval of a Development Review 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;

(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 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 ~~thirty~~ 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.

(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 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.

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 above or below 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 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:

(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.

(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 shall 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 façade 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.

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 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 ~~Part 9.04.10.04~~ 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.

(2) That needed to accommodate landscaping and screening for a rear yard buffer required pursuant to the provisions of Part 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.

(g) Development Review. A development review permit is required for any development of more than ~~thirty~~ seven thousand five hundred (7,500) square feet of floor area, except , that for applications involving the demolition and replacement of an existing single-purpose grocery store on a parcel which is not adjacent to a residentially zoned district, with a store which has a minimum of twenty-five thousand square feet of floor area, only a net new floor area addition of more than thirty thousand square feet shall be subject to development review. the following projects shall be subject to a development review permit if in excess of thirty-thousand (30,000) square feet:

(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:

(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.

(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.

(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.

(j) The Planning Commission may exempt municipal buildings from the requirements of subsections (h) and (i) of this Section if both of the following findings of fact can be made in an affirmative manner:

(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.

(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 7^th 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).

(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:

(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 façade 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.

(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:

(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.

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.

(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).

(2) That the granting of an exception would not adversely affect surrounding properties or be detrimental to the district’s pedestrian-oriented environment.

(1) The proposed modification enhances 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 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:

(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 ~~thirty~~ 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:

(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:

(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.

(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 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, ~~C3, C3C~~, 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 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, ~~C3, C3C~~, 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.

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.

TABLE 9.04.10.08.040

RESIDENTIAL

(FA = floor area)

Use

Minimum Off-Street

Parking Requirement

Maximum Percent Compact Spaces Allowed

Artist studio

1 space for each 750 sq. ft. of residential area, minimum of 1 space.

None

1 space for each 400 sq. ft. of manufacturing space.

1 space for each 300 sq. ft. of retail gallery space.

Visitor spaces

1 space per 5 residential units (applies to projects of 5 or more residential units).

Boarding homes

0.5 space per unit plus one guest space per 5 units.

Boarding homes deed restricted to low and moderate income

0.25 space per unit plus one guest space per 5 units.

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 to projects of 5 or more units).

Congregate housing

1 space per 5 beds.

Detached single family units

2 spaces in a garage per dwelling unit.

None

Detached single family units on lots of 30 ft. or less in width

2 spaces in a garage which may be in a tandem arrangement.

None

Detached single family units on Pacific Coast Hwy. north of Santa Monica Pier (LCP Subarea 1a)

2 spaces in a garage per dwelling unit.

None

Visitor spaces

2 per dwelling unit (may be tandem).

None

Domestic violence shelters

.5 space per bedroom.

Fraternity-type housing with sleeping facilities

1 space per bed.

Homeless shelters

1 space per 10 beds.

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 to projects of 5 or more units).

Any surface parking shall be provided in the rear half of the residential lot.

Multi-family housing deed-restrict ed for occupancy by low and moderate income households

Studio, no bedrooms

1 space per unit.

1 bedroom

1 space per unit.

2 bedroom or larger

1.5 spaces per unit.

Visitor

1 space per 5 units (applies to projects of 5 or more units).

Senior group housing and senior housing

0.5 space per unit plus 1 guest space per 5 units.

Senior group housing and senior housing that is deed restricted or restricted by an agreement approved by the City for low and moderate income

0.25 space per unit plus 1 guest space per 5 units.

Single-room occupancy

0.5 space per unit plus 1 guest space per 5 units.

Single-room occupancy deed restricted to low and moderate income

0.25 space per unit plus 1 guest space per 5 units.

Transitional housing

0.5 space per bedroom plus 1 guest space per 5 units.

COMMERCIAL

(FA = floor area)

Use

Minimum Off-Street Parking Requirement

Maximum Percent Compact Spaces Allowed

Automobile rental agency

1 space per 500 sq. ft. of FA plus 1 space per 1,000 sq. ft. of outdoor rental storage area.*

Automobile repair

1 space per 500 sq. ft. of non-service 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 station with or without mini-mart

3 spaces if for full service station, 1 space if for self service station, plus 1 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-service or coin operated)

2 spaces for each washing stall, not including the stall.

None

General office

1 space per 300 sq. ft. of FA.

Hotels, motels

1 space per guest room plus 1 space 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 this Section.

Lumber yards, plant nurseries

1 space per 300 sq. ft. of FA for interior retail plus 1 space per 1,000 sq. ft. of outdoor area devoted to display and storage.

Market of less than 5,000 sq. ft., liquor store

1 space per 225 sq. ft.

Markets 2,500 sq. ft. or less in the BSCD, C3 and C3C districts

1 space per 300 sq. ft.

Markets with floor area greater than 5,000 sq. ft.

1 space per 250 sq. ft.

Restaurant:

Restaurants 2,500 sq. ft. or less with no separate bar area located in the BSCD, C3 and C3C districts

1 space per 300 sq. ft

Restaurant

1 space per 300 sq. ft. of support area, 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 , drive-in , drive-through restaurants

1 space per 75 sq. ft. of FA. Minimum of 5 spaces must be provided.

Bars and nightclubs (dance halls, discos, etc.)

1 space per 50 sq. ft of FA.

Portions of restaurants that include bars shall be calculated using this standard.

Retail:

Retail, general and service

1 space per 300 sq. ft. of FA.

Retail, furniture and large appliance

1 space per 500 sq. ft. of FA.

EDUCATIONAL/CULTURAL

(FA = floor area)

Use

Minimum Off-Street Parking Requirement

Maximum Percent Compact Spaces Allowed

Auditoriums

1 space per 4 fixed seats.

Day care:

Small family day care home

No requirement above that required for the existing residence.

Not applicable

Large family day care home

No requirement above that required for the existing residence.

Not applicable

Preschool nursery schools, day care centers excluding large/small family day care

1 space per 500 sq. ft. of building area.

Libraries

1 space per 250 sq. ft. of FA.

Museums and galleries

1 space per 300 sq. ft. of FA.

Private elementary schools

10 spaces plus 1 per classroom.

Private junior high schools

30 spaces plus 1 space per classroom.

Private high schools

50 spaces plus 4 spaces per classroom.

Private colleges, professional business or trade schools

1 space per 80 sq. ft. of assembly area (including classroom area) or 1 space per each 4 fixed seats, whichever is greater.

Stadiums

1 space per 5 seats.

HEALTH SERVICES

(FA = floor area)

Use

Minimum Off-StreetParking Requirement

Maximum Percent Compact Spaces Allowed

Convalescent homes, residential care facilities community care facilities, rest home, residential facilities for 7 or more persons

1 space per 5 beds.

Hospice facilities

2 spaces.

Hospitals and medical centers

1 space per 2 beds plus 1 space per 250 sq. ft. of FA for outpatient use.

Massage

1 space per 300 sq. ft. of FA.

Medical and dental offices and clinics including physical therapists, acupuncturists and chiropractors, 1,000 sq. ft. or greater total FA per building

1 space per 250 sq. ft. of FA.

Medical and dental offices and clinics including physical therapists, acupuncturists and chiropractors , less than 1,000 sq. ft. total FA per building

1 space per 300 sq. ft. of FA.

Mental health professionals

1 space per 300 sq. ft.

Residential care facilities with a capacity of 6 or fewer residents

No requirement beyond that required for the residence.

Not applicable

Veterinarians, animal and veterinary hospitals

1 space per 250 sq. ft. of FA.

INDUSTRIAL

USES

(FA=floor area)

Use

Minimum Off-Street Parking Requirement

Maximum Percent Compact Spaces Allowed

Film production studio

1 space per 400 sq. ft. of studio production space, 1 space per 300 sq. ft. of editing FA, 1 space per 300 sq. ft. of administrative office.

Light and limited industrial manufacturing

1 space per 400 sq. ft. of FA for manufacturing plus 1 space per 300 sq. ft. of FA for office use.

Mini-warehousing/ storage

1 space per 4,000 sq. ft. of FA for manufacturing plus 1 space per 300 sq. ft. of FA for office use.

Warehouse

1 space per 1,000 sq. ft.

COMMERCIAL ENTERTAINMENT AND RECREATION

(FA=floor area)

Use

Minimum Off-Street Parking Requirement

Maximum Percent Compact Spaces Allowed

Bowling alleys

2 spaces per lane, plus 50% of requirements for related commercial uses.

Billiard or pool parlors, roller or ice skating rinks, exhibition halls and assembly halls without fixed seats, including assembly areas within community centers, private clubs, lodge halls and union headquarters

1 space per 80 sq. ft. of FA of assembly area.

Health clubs, indoor athletic facilities and exercise/dance studios

1 space per 80 sq. ft. of exercise area, 1 space per each 300 sq. ft. of locker room/sauna/shower area, plus applicable code requirement for other uses.

Theaters, cinemas (single and multi-screen) and other places of assembly

1 space per 4 fixed seats or 1 space per 80 sq. ft. of FA of assembly area, whichever is greater.

Tennis, handball, racquetball and other athletic court facilities

2 spaces per court plus 1 space per 80 sq. ft. of spectator area or 1 space per 4 fixed seats, whichever is greater.

MISCELLANEOUS

(FA=floor area)

Use

Minimum Off-Street Parking Requirement

Maximum Percent Compact Spaces Allowed

Places of worship and other places of assembly including mortuaries, banquet facilities and convention facilities

1 space per 80 sq. ft of FA of assembly area, or 1 space for each 4 fixed seats, whichever is greater, plus requirements for other uses as applicable.

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 Nnon-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:

(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 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 on or after April 14, 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.

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.

APPROVED AS TO FORM:

_________________________

MARSHA JONES MOUTRIE

City Attorney

ATTACHMENT B

NOTICE OF PUBLIC HEARING

NOTICE OF A PUBLIC HEARING

BEFORE THE SANTA MONICA CITY COUNCIL

SUBJECT: Downtown Development and Design Standards Ordinance

A public hearing will be held by the City Council to consider the following request:

Introduction and first reading of an Ordinance 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 commercial spaces, building streetfronts, landscaping, sidewalls adjacent to historic resources and off-street parking and access requirements.

DATE/TIME: TUESDAY, FEBRUARY 28, 2006 AT 6:45 p.m.

LOCATION: City Council Chambers, Second Floor, Santa Monica City Hall

1685 Main Street, Santa Monica, California

HOW TO COMMENT

The City of Santa Monica encourages public comment. You may comment at the City Council public hearing, or by writing a letter. Written information will be given to the City Council at the meeting.

Address your letters to: City Clerk

Re: Downtown Design Standards

1685 Main Street, Room 102

Santa Monica, CA 90401

MORE INFORMATION

If you want more information about this project or wish to review the project file, please contact Paul Foley, Principal Planner, at (310) 458-8341, or by e-mail at paul-foley@santa-monica.org. The Zoning Ordinance is available at the Planning Counter during business hours and on the City’s web site at www.santa-monica.org.

The meeting facility is wheelchair accessible. For disability-related accommodations, please contact (310) 458-8341 or (310) 458-8696 TTY at least 72 hours in advance. All written materials are available in alternate format upon request. Santa Monica Big Blue Bus Lines numbered 1, 2, 3, 5, 7, 8, 9, and 10 serve City Hall.

Pursuant to California Government Code Section 65009(b), if this matter is subsequently challenged in Court, the challenge may be limited to only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City of Santa Monica at, or prior to, the public hearing.

ESPAÑOL

Esto es una noticia de una audiencia pública para revisar applicaciónes proponiendo desarrollo en Santa Monica. Si deseas más información, favor de llamar a Carmen Gutierrez en la División de Planificación al número (310) 458-8341.

APPROVED AS TO FORM:

___________________________

AMANDA SCHACHTER

Planning Manager

F:\CityPlanning\Share\COUNCIL\NOTICES\2005\TA04-002DowntownDesignFEB.06.doc

ATTACHMENT C

NOVEMBER 8, 2005 CITY COUNCIL STAFF REPORT

PCD:AA:AS:F:\CityPlanning\Share\COUNCIL\STRPT\2005\Downtown Design - Council.doc

Council Mtg: November 8, 2005 Santa Monica, California

TO: Mayor and Councilmembers

FROM: City Staff

SUBJECT: Introduction and First Reading of an Ordinance Implementing Modifications to Downtown Design and Development Standards

INTRODUCTION

This report recommends that the City Council conduct a public hearing and introduce for first reading an ordinance to implement revisions to the design, development and off-street parking standards for the Downtown. The ordinance is included as Attachment A.

BACKGROUND

On September 13, 2005, Council conducted a public hearing regarding potential revisions to the design and development standards for the Downtown. Following the public hearing and discussion, Council directed staff to return with an ordinance that would modify the Downtown design and development standards in the following areas:

Require minimum 18-foot floor-to-floor heights on the ground level of buildings in the Bayside (BSC) District and 15-foot floor-to-floor ground level heights in the C3 (Downtown Commercial) and C3C (Downtown Overlay) districts;

Modify the landscaping requirements in the C3 and C3C districts;

Modify the off-street parking requirements for small markets and restaurants;

Modify the access requirements for off-street parking;

Require delineation between the ground floor and upper levels in the design of street-front building facades;

Address the treatment of new construction that is adjacent to structures that are considered historic resources; and

Review the proposed standards and their impacts on the development of places of worship.

ANALYSIS

Minimum ground level floor-to-floor heights:

The Council directed staff to prepare ordinance language to require minimum 18-foot floor-to-floor heights on the ground level of buildings in the Bayside (BSC) District and 15-foot floor-to-floor ground-level heights in the C3 (Downtown Commercial) and C3C (Downtown Overlay) districts. The minimum ground-level floor heights are intended to enhance pedestrian orientation and better accommodate street-oriented uses such as retail and restaurants which require higher ceiling heights to account for such things as venting and duct work and to allow for mezzanine levels, particularly within restaurants.

Although not expressly identified by Council, staff believes that an associated requirement that ground-floor grades correspond with adjacent sidewalk grades is necessary to ensure that the Council’s objectives for ground-floor, sidewalk-orientation is achieved. The proposed ordinance includes this requirement.

Existing development standards in the Downtown limit the building height but not the number of stories if at least one floor is residential. Without an accommodation for additional building height, the increased ground-floor heights for the entire ground floor could result in one fewer floor of development in the Downtown as the upper floors are “squeezed” to accommodate the ground levels with greater floor-to-floor heights. The squeeze is not expected to create adverse impacts on the production of housing, except on Seventh Street, where building heights are currently limited to 50 feet. In assessing these potential impacts, staff reviewed the information used in the 2000-2005 Housing Element Update relative to the inventory of existing sites suitable for housing development. This information indicates that at present there are 24 such parcels on Seventh Street which have the potential to accommodate approximately 638 residences based on current development standards and trends in the area. The elimination of one floor of residential to accommodate increased ground-floor height could potentially result in the loss of approximately 148 residences or 23 percent of the potential total number of residences along Seventh Street; however, the potential for approximately 490 new housing units remains at these sites. In addition, as most Downtown residential projects involve on-site or off-site inclusionary affordable residences (rather than payment of in-lieu fees), the proposed modifications could result in the production of fewer affordable residences. A five-foot increase in the maximum allowable height on Seventh Street in this area is expected to alleviate the loss of housing potential.

In other areas of the Downtown potential loss of units is less likely. Based on recent development trends, little recent residential development has occurred in the BSC district. Parcels in the C3 and C3C district located between 4^th Court and 6^th Court, Colorado Avenue to Wilshire Boulevard permit building heights ranging between 60 feet and 76 feet, so the impacts on housing production is not expected to be significant.

Staff believes that increasing the ground floor heights and the associated loss of housing potential is not contrary to the Housing Element and the City’s required contribution to regional housing production, as multi-family housing production within the City has outpaced that required to achieve the City’s fair share of regional housing needs. Nonetheless, the potential reduction of housing does represent a policy choice with regard to residential opportunities in the Downtown.

Modify the landscaping requirements in the C3 and C3C districts:

The Council also discussed the impacts of required site landscaping on the pedestrian environment in the Downtown and directed staff to include language in the ordinance that would modify the landscaping requirements in the C3 and C3C districts. Current Code requires that a landscaped area equal in square footage to 1.5 times the parcel’s street frontage be installed between the building and the adjacent public sidewalk. The Council’s direction to staff was to modify the requirements for landscaping in the context of the pedestrian orientation of the area.

Various approaches could be taken to addressing landscaping requirements. One approach is to eliminate the specific numerical requirement for landscaping in the C3 and C3C districts, and instead require landscaping pursuant to general direction. Such an approach is intended to provide guidance in encouraging designers to approach landscape design as an integral element of building design. Recommended ordinance language related to this approach follows:

Subject to the review and approval of the Architectural Review Board, landscaping shall be provided and incorporated into the pedestrian-oriented design elements required pursuant to SMMC Section 9.04.10.02.440. Landscaping is encouraged in front of expanses of blank wall along the building’s street-front. Landscaping is discouraged in front of storefront display windows.

The City Attorney’s Office has advised that this approach may be inappropriate because it does not establish objective standards, as is common within ordinances. Objective standards could be accomplished through aligning the numerical requirement for landscaping in the C3 and C3C districts with the pedestrian-orientation requirements for those districts. Under this approach, 25 square feet of landscaped area would be required for every 50 feet of frontage to reflect the pedestrian-oriented design standard requiring a minimum of 70% of the ground floor façade contain pedestrian-oriented design elements, including public entrances and eight-foot display windows. Given the pedestrian-oriented design standards and the fact that storefront display windows and entrances are generally required to comprise a majority of ground-floor street-front façades, the remaining parcel street-frontage that will require landscaping is significantly reduced. The resulting landscaped area standard is approximately one-third of the general code requirement for landscaped area. In addition, requiring landscaping along expanses of blank walls at the street-front and prohibiting landscaping in front of street-front display windows is congruent with an approach based on clear, objective standards. Recommended ordinance language related to this approach follows:

Subject to the review and approval of the Architectural Review Board, a landscaped area of 25 square feet per 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 street-front and prohibited in front of storefront display windows.

Under either approach, staff recommends that the Architectural Review Board may modify these requirements if the modification enhances the pedestrian-orientation of the proposed project.

Modify the off-street parking requirements for small markets and restaurants:

In order to encourage a variety of activities and uses, including small restaurants and neighborhood markets, Council directed staff to bring the parking requirements for these uses in line with other commercial uses.

Markets and restaurants located in the BSC district do not have to provide off-street parking as they are located within the Bayside Parking Assessment District. For businesses located elsewhere, current Code requires 1 parking space for every 225 square feet of markets that are 5,000 square feet or less (the requirement is greater for larger markets). Restaurants are required to provide:

1 parking space per 75 square feet of dining and service area,
1 space per 50 square feet of separate bar area; and
1 space per 300 square feet of support area.

Regular retail, office and service businesses require 1 parking space per 300 square feet of floor area.

Providing on-site parking in the Downtown is expensive, as parking spaces are generally located within subterranean parking garages. As a result, developers of mixed-use buildings generally lease their commercial spaces to retail, office or service uses because a sufficient number of parking spaces has not been provided to accommodate uses such as markets and restaurants that have a greater off-street parking requirement. Therefore, Downtown residents have a limited variety of businesses that serve their needs.

Within the proposed ordinance, off-street parking requirements for markets and restaurants (without separate bar areas) that are 2,500 square feet or less in the Downtown are modified to be consistent with the requirements for retail, office and service businesses. Standardizing the parking requirements makes sense from a number of perspectives. First, the Downtown area is the focal point for transit in the City which reduces the need for vehicular travel. Second, the Downtown is also home to a large number of visitors, employees and residents who are potential patrons of these businesses and who would also not use vehicles. Third, there is a significant number of public parking structures in the area, including the soon-to-be-opened Main Library parking structure that would serve these businesses. Finally, from a practical standpoint, the on-site parking spaces that are provided for these and other commercial businesses are generally not utilized by patrons since vehicular access to the parking spaces is generally from the rear alley and difficult to find. Reducing the off-street parking requirements for markets and restaurants 2,500 square feet or less will not significantly affect the supply of available on-street or off-site parking spaces because of the small size of the establishments.

Staff believes that the proposed modification to the off-street parking requirements for these businesses will provide opportunities for a greater variety of neighborhood-serving uses in the Downtown, including small markets and restaurants. Moreover, the parking standards will ensure adequate parking for employees of the establishments.

Modify the access requirements for off-street parking:

The Council direct staff to limit access to off-street parking in the Downtown to alleys, restricting access and curb cuts from the street. This recommendation is intended to enhance the pedestrian environment in the area by eliminating vehicle-pedestrian conflicts at the sidewalks. The proposed ordinance language, which is identical to that reviewed by the Council on September 13, 2005, does permit a modification to this requirement subject to the review and approval of the Transportation Planning Manager and Zoning Administrator.

Require delineation between ground floors and upper levels in street-front design:

Council directed staff to propose ordinance language that would require a clear street-front distinction between the ground floor and upper floors of buildings. Staff has developed three potential approaches to achieve this goal. One approach is to simply state this objective within the ordinance, as follows:

In any new building or existing buildings with a reconstructed street-front façade, there shall be a clear delineation between the ground floor and the upper floors which is complementary to the overall design of the building façade.

The City Attorney’s Office has advised that it would be preferable for the ordinance to also provide examples of methods to achieve this delineation. The proposed ordinance language to achieve these objectives reads as follows:

The primary concern with this approach is that is may result in unintended design responses, such as ground floors that are recessed away from the sidewalk or exaggerated variations in materials.

A third approach is to recognize that the proposed requirement for higher ground-floor floor-to-floor heights, in concert with the pedestrian-oriented design requirements which result in sidewalk entrances and increased glazing at the ground floor, may be sufficient to create the desired delineation.

Address the treatment of new construction adjacent to historic resources:

The Council followed recommendation of members of the Landmarks Commission in directing staff to propose development standards modifications that would address the potential adverse impacts of new development or new construction that is adjacent to buildings that are considered historic resources. The new standard requires that new buildings or new construction that is within a 5-foot vertical distance from the cornice of the adjacent historic resource be set back 10-feet from the adjacent side property line and the adjacent side wall of the new building or new construction have the same level of finish and detail as the front façade. The ordinance language recommended by staff allows for a modification of this requirement by the Planning Commission, or the Architectural Review Board in the absence of Planning Commission review, if the modification enhances compatibility between the two buildings and compliance with the Secretary of Interior’s Standards for the Rehabilitation of Historic Structures.

Review impact of proposed standards on places of worship:

Finally, in response to concerns raised by a member of a church located in the Downtown, the Council asked staff to review the proposed development standards for their impacts on the development of places of worship. Staff has reviewed existing development standards and the proposed modifications and there are sufficient provisions for modifications to these standards to allow for the development of churches and other places of worship in the Downtown, including modifications to the requirements related to ground floor height, pedestrian orientation, façade design and adjacent historic resources.

Architectural Review Board input

The Architectural Review Board (ARB) received public input and discussed the proposed modifications at their meeting of October 17, 2005. The public input and discussion focused on the impacts of the minimum 18-foot floor-to-floor heights on the ground level of buildings in the Bayside (BSC) District and 15-foot floor-to-floor ground level heights in the C3 (Downtown Commercial) and C3C (Downtown Overlay) districts. The Board agreed with the public input that the minimum ground floor heights do not benefit the buildings along the alley frontage and should be tied to the ground floor commercial uses. In addition, the Board discussed the impacts of the minimum ground floor height requirements on affordable housing projects.

The BSC district requires pedestrian oriented uses within the front 75 feet of the ground floor of structures. The C3C district requires that buildings be designed at the ground floor to accommodate pedestrian oriented uses to a minimum depth of 50 feet from the front of the structure. The C3 district requires pedestrian oriented design of the street-front façade. In response to the ARB discussion, staff recommends that the minimum 18-foot ground level floor-to-floor height be applicable to the front 75 feet of buildings in the BSC and the minimum 15-foot ground-floor height be applicable to the front 50 feet of buildings in the C3 and C3C districts. If these minimum ground level floor-to-floor heights were limited to the front portions of the ground floor only, the impacts on housing production noted earlier could be reduced. This recommendation has been incorporated into the proposed ordinance.

The other issue related to the minimum ground-floor heights discussed by the Board dealt with the impacts on affordable housing projects which may or may not include ground floor commercial uses. The Board was concerned that the increased ground floor heights could increase overall building heights above 50 feet (except on Seventh Street) which would require Type III construction, which is considerably more expensive and thus more burdensome to developers of affordable housing in the Downtown. The proposed ordinance incorporates the recommended exemption for affordable housing.

It is anticipated that the Board will consider a formal recommendation on the proposed standards at their November 7, 2005 meeting which will be forwarded directly to the Council.

Development Review Threshold

Recent direction from the Council has focused primarily on new Downtown design standards. Through the Land Use Element and Zoning Ordinance update process, review thresholds and application types and procedures will be considered comprehensively for the City as a whole. Therefore, the 7,500 square foot development review threshold for the Downtown established by Ordinance No. 2124 (CCS) is retained in the proposed ordinance. Projects that exceed 7,500 square feet would require a Development Review Permit approved by the Planning Commission or Council on appeal prior to ARB. In addition, the Development Review Permit threshold contained in Ordinance No. 2124 (CCS) for affordable housing projects and certain categories of mixed-use projects and residential projects that provide affordable off-site units would be retained at 30,000 square feet.

General Plan Consistency

Conclusion

CEQA STATUS

In addition, the proposed ordinance is exempt from the provisions of CEQA pursuant to Section 15061(b)(3) which states that only projects that have a potential for causing a significant effect on the environment are subject to environmental review. Modifications to building façade and pedestrian-oriented design standards and the incorporation of development standards that require consideration of adjacent historic resources will not have significant environmental effects and will enhance the pedestrian environment in the Downtown. In addition, the modifications to the off-street parking requirements for small markets and restaurants in the Downtown will not have a significant effect on the environment since the Downtown area is the focal point for transit in the City which reduces the need for vehicular travel and is home to a large number of visitors, employees and residents who are potential patrons of these businesses and who would also not use vehicles. In addition, there is a significant number of public parking structures in the area, including the soon-to-be-opened Main Library parking structure that would serve these businesses and, from a practical standpoint, the on-site parking spaces that are provided for these and other commercial businesses are generally not utilized by patrons since vehicular access to the parking spaces is generally from the rear alley and difficult to find.

PUBLIC NOTIFICATION

BUDGET/FINANCIAL IMPACT

The recommendation presented in this report does not have any budget or fiscal impact.

RECOMMENDATION

It is recommended that the Council introduce for first reading the ordinance contained in Attachment A.

Prepared by: Andy Agle, Interim Director

Amanda Schachter, Planning Manager

Paul Foley, Principal Planner

City Planning Division

Planning and Community Development Department