Planning Commission Report

Planning Commission Report To: From: Subject: Planning Commission Jing Yeo, AICP, City Planning Division Manager Planning Commission Meeting: April 18, 2018 Agenda Item: 8-C Proposed changes, corrections, and clarifications to the Zoning Ordinance related to policy issues that have arisen since the adoption of the Zoning Ordinance through its implementation. Recommended Actions Staff recommends that the Planning Commission recommend to the City Council that the Council make changes, corrections, and clarifications to the Zoning Ordinance related to policy issues that have arisen since the adoption of the Zoning Ordinance through its implementation. Background On June 23, 2015, the City Council adopted a new Zoning Ordinance that became effective on July 24, 2015. Since the adoption of the Zoning Ordinance and through its implementation to date, staff had identified unintentional errors, inconsistencies, or omissions that required minor clerical changes, corrections, or clarifications as well as policy issues that require further discussion and analysis. On March 16, 2016, the Commission held a discussion to preliminarily identify and discuss other policy issues that have arisen since the adoption of the Zoning Ordinance. On May 10, 2016 and June 28, 2016, the City Council adopted Ordinances making a majority of the proposed minor clerical changes, corrections, and clarifications. However, Council identified a small number of the minor clerical changes, corrections, and clarifications to be further reviewed by the Commission due to the uncertainty that they may affect policy decisions made with the adoption of the Zoning Ordinance. On August 3, 2016, the Commission held another preliminary discussion to organize the policy issues and direct staff on a process to evaluate and recommend potential amendments to the Zoning Ordinance based on these preliminary discussions. On December 14, 2016, the Commission adopted a resolution recommending the Council make the remaining minor clerical changes, corrections, and clarifications from the first category of policy issues along with changes related to accessory dwelling units to be consistent with State law which the Council adopted on February 28, 2017. 1

At the August 3, 2016 Commission meeting, the Commission grouped the Zoning Ordinance policy issues into the following three general categories: Minor changes, corrections, and clarifications ( Bucket 1 ) Topics that have arisen since the adoption of the Zoning Ordinance through its implementation ( Bucket 2 ) New policy directions ( Bucket 3 ) On December 14, 2016, the Commission adopted a resolution recommending the Council make the remaining minor clerical changes, corrections, and clarifications from the first category of policy issues along with changes related to accessory dwelling units to be consistent with State law which the Council adopted on February 28, 2017. On August 2, 2017, the Commission preliminarily discussed the second category of Zoning Ordinance policy issues that have arisen since adoption of the Zoning Ordinance in June 2015 through its implementation in advance of formal consideration of these policy issues and in advance of making a formal recommendation to the City Council. After this preliminary discussion, the Commission directed staff to return with potential amendments to a majority of the discussed policy issues ( Bucket 2A ). The Commission reviewed the Bucket 2A policy issues on October 18, 2017 and adopted a resolution recommending the Council make the proposed changes for these items. The Council approved these items at its December 5, 2017 meeting. On December 13, 2017 and January 10, 2018, the Commission adopted Resolutions of Intention to consider the changes, corrections, and clarifications to the Zoning Ordinance. The policy issues ( Bucket 2B ) for the category of those policy issues that have arisen since adoption of the Zoning Ordinance in June 2015 through its implementation were detailed in those Resolutions of Intention. The Commission preliminarily discussed the Bucket 2B issues at its February 7, 2018 meeting and provided direction to staff on recommendations for potential changes to the Zoning Ordinance based on this preliminary discussion. The attached redlines represent the changes based on the Commission s discussion. Discussion The proposed changes, corrections, and clarifications are detailed in redline form in Attachment A. The only item not included in Attachment A from the February 7, 2018 discussion is the issue related to the appropriateness of the single-unit dwelling addition threshold that would trigger the requirement for a project s compliance with the City s parking standards. The Commission deferred this topic to be analyzed when the overall R1 standards are revisited. For each of the proposed amendments to the policy topics, this report summarizes in Attachment B the purpose of each standard, how the issue was brought to staff s attention, and what the proposed clarifying language will do. 2

Most of the proposed changes, corrections, and clarifications were discussed by the Commission to be fairly straightforward modifications. However, three topics in particular required additional analysis: 1. First-story street wall height 2. Accessory Dwelling Unit standards 3. Space-efficient parking standards First-Story Street Wall Height The concept of requiring minimum and maximum first-story street wall heights in certain districts was to provide pedestrian-oriented ground floor design, allow for variety of commercial uses on ground floor, and provide a consistent design pattern along commercial streets. The first-story street wall height standard is currently required in the Commercial and Mixed-Use districts, the Employment districts, and the Oceanfront district. Architects and developers have found the standard to be challenging to meet for parcels with unique sloping conditions and for prospective smaller buildings with limited stories. The Architectural Review Board has also commented that the first-story street wall height standard creates challenges for a pedestrian-scaled ground floor and odd proportions compared with a building s upper floors. Applicants had also indicated that the standards would be difficult to meet along two street frontages on sloping corner parcels where two commercial boulevards intersected. (The Land Use and Circulation Element (LUCE) identifies the commercial boulevards as Wilshire Boulevard, Santa Monica Boulevard, Broadway, Colorado Avenue, Olympic Boulevard, Pico Boulevard, Ocean Park Boulevard, and Lincoln Boulevard.) Staff conducted field inspections of all corner parcels at the intersection of commercial boulevards and found that the majority of these parcels were relatively flat. In order to address this challenge and provide consistency with the standards in the recently adopted Downtown Community Plan, staff proposes eliminating the first story street wall height requirements and utilizing minimum ground floor floor-to-floor heights instead. In addition, creating a standard defining the maximum allowable separation between the ground floor level and the adjacent finished grade facing a commercial boulevard with no relation to technical definition of building stories seeks to maintain a relevant ground floor pedestrian orientation and active commercial design along the commercial boulevards. This standard would vary slightly between non-sloping groundfloor street frontages along commercial boulevards (limiting the difference between the finished ground floor level and the adjacent finished grade of the sidewalk to 18 lower or higher) and sloped ground-floor street frontages along commercial boulevards (limiting the difference between the finished ground floor level and the adjacent finished grade of the sidewalk to 18 lower or 3 higher) in order to provide a little more flexibility for sloped sites. Allowing for the ability to apply for a Major Modification from the minimum and maximum ground floor floor-to-floor heights provides additional flexibility from these standards. In order to fully apply these ground-floor standards to other notable commercial streets in the City that are not considered Commercial Boulevards in the LUCE and to 3

encourage practical and flexible pedestrian orientation citywide, staff intends to return with additional policy items in Bucket 3 related to this topic: Consider requiring similar ground floor floor-to-floor height requirements and allowable separation between ground floor level and adjacent finished grade standards along Ocean Avenue, Main Street, and Montana Avenue (commercial streets that are not considered LUCE commercial boulevards). Consider Ocean Avenue to be the front of corner parcels in the Oceanfront district. Consider separate ground floor design standards for non-commercial uses. Accessory Dwelling Unit Standards Through the course of updating the Accessory Dwelling Unit (ADU) standards in the Zoning Ordinance to make them consistent with recent changes to State law, the Commission has expressed interest in revisiting the maximum size standards for ADUs. The purpose of the ADU maximum size standard is to limit the size of ADUs and ensure they are accessory to the primary residences, and to protect the character of single-unit residential districts. Recent changes in State ADU law are intended to address barriers, streamline approvals, and expand potential capacity for ADUs. The proposed changes in the ADU standards attempt to balance all of these goals. Staff proposes separating the ADU standards in SMMC Section 9.31.300 from the Accessory Building and Structures standards found in SMMC Section 9.21.020 to avoid any confusion and conflicts between the standards. Currently the Zoning Ordinance cross references both sets of standards in both sections of the Zoning Ordinance. The following table summarizes the key differences in the existing and proposed ADU standards: ADU DEVELOPMENT STANDARD EXISTING PROPOSED Maximum Size 650 SF 1,200 SF Maximum Size of 2 nd Story 250 SF 400 SF Conversion of Existing Non-Garage Accessory Building to ADU Not addressed Allowed In addition, the current Accessory Building and Structures standards limit the overall size of any two-story accessory building to 650 SF in size. The proposed ADU standards for a two-story ADU would remove this limitation. Space-Efficient Parking Standards As established in Section 9.28.090, only residential projects of 50 units or more may propose mechanical parking. Applicants have indicated that greater flexibility is needed to allow mechanical parking in commercial and residential projects to encourage more efficient use of site area and potentially lower housing costs. To assess potential 4

changes to the Code, City staff completed a review of tandem and mechanical parking provisions for seven peer cities to better understand how other jurisdictions regulate mechanical parking. This comparison is summarized and included in Attachment D. In general, peer cities tended to provide more flexibility than Santa Monica in addressing this issue while establishing base expectations through parking operations plans. Given the advancements in both the technology and reliability of mechanical parking systems, staff believes it is appropriate to explore providing flexibility for use of these systems. As a result, the proposed Code amendments to Section 9.28.090 are intended to regulate three broad types of space-efficient parking: 1. Tandem parking; 2. Mechanical tandem parking like stackers; and 3. Fully automated parking systems that are Independently Accessible (i.e. do not require moving a vehicle by human power for access). A requirement for a parking attendant was included for all space-efficient parking with the exception of residential projects with two or fewer units, or when tandem spaces are assigned to the same dwelling unit. Parking Attendants are also not required when it is demonstrated that mechanical parking systems can be operated by the end user or when the tandem parking does not exceed 25 percent of total parking for nonresidential uses. A Parking and Loading Operation Plan is required with limited exception, and is intended to ensure the parking is managed in a way that allows adequate access to vehicles and to minimize the impacts to the public right-of-way. A queuing space requirement was added to ensure that staging space is provided for vehicles to wait on private property prior to parking entry. Both the queuing space and attendant requirements may be reduced when technical study supports the reduction. Technical study is also required when Automated Parking Systems serve high-turnover land uses to ensure the provision of some short term parking to allow quick access and retrieval of vehicles. Nonoperation provisions were added to ensure that vehicles may enter or be removed from automated parking systems in case of power outage or system failure. The proposed changes provide enhanced flexibility for the use of space-efficient parking in all project types. This would allow parking area to occupy less space in projects providing additional area for residential and commercial uses. Providing more flexibility is tempered by the requirement of attendant services and on-site queuing spaces to limit impacts to the public right-of-way. The proposed changes would also allow tandem parking for residential projects and allow the use of mechanical systems such as stackers and automobile turntables for Single-Unit Dwellings. Parking and Loading Operations Plans would allow the City to assess proposals on a case-by-case basis prior to the issuance of a building permit. 5

Commission Consideration The Zoning Ordinance currently requires all mechanical parking to be fully enclosed, and the proposed modifications to this Section maintain this requirement. However, it would be beneficial for the Commission to discuss whether this is a useful or practical requirement to address potential noise and aesthetic impacts that could also result in additional building mass and structures. The resolution included in Attachment C recommends to the City Council that the Council make these changes, corrections, and clarifications to the Zoning Ordinance related to policy issues that have arisen since the adoption of the Zoning Ordinance through its implementation. Environmental Analysis The proposed changes, corrections, and clarifications to the Zoning Ordinance related to policy issues that have arisen since the adoption of the Zoning Ordinance through its implementation are categorically exempt from the provisions of California Environmental Quality Act (CEQA) pursuant to 15061(b)(3) of the State Implementation Guidelines (common sense exemption). Based on the evidence in the record, it can be seen with certainty that there is no possibility that the proposed changes may have a significant effect on the environment. The recommended modifications represent changes, corrections, and clarifications to the Zoning Ordinance related to policy issues that have arisen since the adoption of the Zoning Ordinance through its implementation and that do not substantively affect policy decisions made with the City Council s adoption of the Zoning Ordinance. Therefore, no further environmental review under CEQA is required. Alternative Actions: In addition to the recommended action, the Planning Commission could consider the following with respect to the project: A1. Revise the proposed text amendment and recommend adoption to City Council. A2. Recommend that the City Council not adopt the proposed text amendment Text Amendment Findings 1. The Ordinance amendments are consistent in principle with the General Plan, in that the amendments do not substantively affect policy decisions made with the City Council s adoption of the Zoning Ordinance and represent minor changes, corrections, and clarifications to the standards and regulations within the Zoning Ordinance. 2. The Ordinance amendments are consistent with the purpose of this Ordinance to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, and general welfare, in that the amendments maintain the existing policies, standards, and regulations of the Zoning Ordinance that promote and protect the public health, safety, and general welfare. 6

Attachments A. Proposed Redline Modifications B. Policy Redline Explanations C. Resolution Recommending to the City Council that the Council Make Changes, Corrections, and Clarifications to the City s Zoning Ordinance D. City Comparison Independently Accessible and Tandem Parking 7

ATTACHMENT A Proposed Redline Modifications Zoning Ordinance 8

ATTACHMENT A (Proposed Redline Modifications) PROPOSED AMENDMENTS TO THE ZONING ORDINANCE AS PRESENTED TO THE PLANNING COMMISSION ON APRIL 18, 2018 16. Modify the following language in SMMC Section 9.11.030 (p. 2.53): Standard MUBL MUB Minimum First Story Street Wall Height Maximum First Story Street Wall Height Minimum Ground Floor Height Maximum Ground Floor Height GC (Santa Monica Blvd) GC (Lincoln & Pico Blvd) NC NC (Main Street) NC (Ocean Park Blvd & Montana Ave) 15 15 15 15 15 15 15 20 20 20 20 20 20 20 11 11 11 11 11 11 11 16 16 16 16 16 16 16 Additional Regulations Standard MUBL MUB GC (Santa Monica Blvd) GC (Lincoln & Pico Blvd) NC NC (Main Street) NC (Ocean Park Blvd & Montana Ave) Additional Regulations Minimum Upper-Story Stepbacks (ft.) Required Above Maximum First Story Street Wall Height Ground Floor Height Street Facing Facades 5 average 5 average 5 average 5 average 5 average 5 average 5 average A. Active Ground Floor Design and Use. 1. Active Commercial Design. The ground-floor street frontage of new buildings on commercial boulevards shall be designed to accommodate commercial uses and activities, subject to the following: a. A minimum average depth of 40 feet, but in no case less than 25 feet, for a minimum of 60% of the ground-floor frontage. b. Minimum Floor-to-Floor Heights: i. 1511 feet in all districts. (1) Ground-Floor Street Frontages Along Commercial Boulevards. The finished ground floor level along the commercial boulevard shall not exceed 18 lower or higher than the finished grade of the adjacent sidewalk. (2) Sloped Ground-Floor Street Frontages Along Commercial Boulevards. On parcels with a grade change of 10% or 1

ii. more along the length of the parcel line adjacent to the commercial boulevard, the finished ground floor level along the commercial boulevard shall not exceed 18 lower or 3 higher than the finished grade of the adjacent sidewalk. (3) Corner Parcels. For corner parcels located at the intersection of two commercial boulevards, the requirements of subsection (A)(1) shall apply to the ground-floor street frontages along both commercial boulevards. Loft spaces built within this area shall not exceed 30% of the total floor area of the space consistent with the definition of mezzanine. Modify the following language in SMMC Section 9.13.030 (p. 2.68): Standard IC OC* HMU Minimum Ground-Floor (floor-to-floor) Height (ft.)for Frontages on a Boulevard Maximum Ground-Floor (floor-to-floor) Height for Frontages on a Boulevard Minimum First Story Street Wall Height for Frontages on a Boulevard (ft.) Maximum First Story Street Wall Height for Frontages on a Boulevard (ft.) 1211 1211 NA 16 16 NA 12 12 NA 20 20 NA Additional Regulations Minimum Upper-Story Stepbacks (ft.) Required Above Maximum First Story Street Wall Height Ground Floor Height Street-Facing Façades 5 average 5 average Modify the following language in SMMC Section 9.14.030 (p. 2.76): 5 average NA Standard OF Additional Regulations Minimum Ground Floor (floor-to-floor) Height for Non-Residential Uses Maximum Ground Floor (floor-to-floor) Height for Non-Residential Uses Minimum First Story Street Wall Height Maximum First Story Street Wall Height 15 11 16 15 20 Standard OF Additional Regulations Minimum Upper-Story Stepbacks (ft.) Required Above Maximum First Story Street Wall Height Ground Floor Height 2

Standard OF Additional Regulations Street-Facing Facades At least thirty percent of the building elevation above the maximum first story street wall height ground floor height shall provide an additional five-foot average setback from the minimum required front yard setback. A. Active Commercial Design. The ground-floor street frontage of buildings on commercial boulevards intended to accommodate commercial uses and activities shall be subject to the following: 1. A minimum average depth of 40 feet, in no case less than 25 feet, for a minimum of 60% of the ground-floor frontage. 2. Minimum Floor-to-Floor Heights: a. A minimum floor-to-floor height of 1511 feet. (i) Ground-Floor Street Frontages Along Commercial Boulevards. The finished ground floor level along the commercial boulevard shall not exceed 18 lower or higher than the finished grade of the adjacent sidewalk. (ii) Sloped Ground-Floor Street Frontages Along Commercial Boulevards. On parcels with a grade change of 10% or more along the length of the parcel line adjacent to the commercial boulevard, the finished ground floor level along the commercial boulevard shall not exceed 18 lower or 3 higher than the finished grade of the adjacent sidewalk. Modify the following language in SMMC Section 9.43.030(B) (p. 4.28): 5. Ground Floor (Floor-to-Floor) Height and Minimum First Story Street Wall Height. a. Minimum. Up to 3 feet1 foot of the required minimum ground floor (floor-to-floor) height and/or minimum first story street wall height. b. Maximum. Up to 4 feet of the required maximum ground floor (floor-to-floor) height. 17. Modify the following language in SMMC Section 9.21.060(A) (p. 3.9): TABLE 9.21.060: ALLOWED PROJECTIONS ABOVE HEIGHT LIMITS Structure Projections Allowed in All Zoning Districts: Maximum Aggregate Coverage of Building's Roof Area (%); Other Locational Restrictions Maximum Vertical Projection (ft.) Above the Height Limit* Skylights No limit 1 ft. Skylights on flat roofs 30%; May not be located within five feet of any edge of the roof. 5 ft. Chimneys, vent stacks 5% 5 ft. Windscoops 5% 5 ft. Solar energy systems located on a rooftop See Section 9.21.150 See Section 9.21.150 Antennas One standard television receive-only nonparabolic antenna and one vertical whip antenna 10%; May not be located between the building and any street-facing parcel line. 25 ft. 3

TABLE 9.21.060: ALLOWED PROJECTIONS ABOVE HEIGHT LIMITS Structure Other Antennas Parapets, fire escapes, catwalks, and open guard rails required by law Maximum Aggregate Coverage of Building's Roof Area (%); Other Locational Restrictions Maximum Vertical Projection (ft.) Above the Height Limit* See Chapter 9.32, Telecommunications Facilities As required by law Projections Allowed in All Districts Except R1 and OP-1 Districts: As required by law Non-occupiable features such as steeples, spires, towers, domes, and cupolas Rooftop features for outdoor living areas, such as sunshade, open railings, trellises, and landscaping 10% 10 ft. 25% 10 ft Elevator shafts 15% 18 ft.* above the roofline Stairwells 25% 14 ft.* above the roofline Mechanical rooms and enclosures 25% 12 ft.* above the roofline Ventilating fans, water tanks, cooling towers, or other equipment required to operate and maintain a building, along with screening of such equipment required by Section 9.21.140, Screening Total area enclosed by all screening may not exceed 30% of roof area 12 ft. 28. Modify the following language in SMMC Section 9.31.300 (p. 3.156): Notwithstanding the Accessory Buildings and Structures standards of Section 9.21.020, Accessory Dwelling Units shall be developed, located, and operated in accordance with the following standards. A. Purpose. The purpose of this Section is to: 1. Allow Accessory Dwelling Units as an accessory use to Single--Unit Dwellings, consistent with California Government Code Section 65852.2, and provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located; 2. Establish that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot upon which it is located; 3. Allow for an increase in the supply of affordable housing in the City; and 4. Maintain the single unit character of neighborhoods in the City. B. Permit Requirements. 1. Zoning Conformance Review. An Accessory Dwelling Unit that conforms to all standards of this Section not to exceed 6501,200 square feet of floor area is permitted by right. A Zoning Conformance Review shall be conducted to verify compliance with all applicable standards. C. Location. An Accessory Dwelling Unit may be established on any legal parcel that contains 4,000 square feet or more in any District where a primary Single Unit Dwelling has been previously established or is proposed to be established in conjunction with construction of the Accessory Dwelling Unit. Only one Accessory Dwelling Unit is permitted per parcel. D. Type of Unit and Relation to Main Dwelling. The Accessory Dwelling Unit shall provide separate, independent living quarters for one household. The Accessory Dwelling Unit may be attached, detached, or located within the living area of the primary Single--Unit Dwelling on the parcel, subject to the standards of this Section. A detached Accessory Dwelling Unit shall be considered part of the primary Single-Unit Dwelling if the Accessory Dwelling Unit 4

is located less than 6 feet from the primary Single-Unit Dwelling or if connected to it by fully enclosed space. E. Conversion or Demolition of Existing Structures. 1. Garage Conversions. Conversion of all or a portion of a garage to an Accessory Dwelling Unit is permitted, provided that alternate parking for the primary dwelling is provided that meets the requirements of Chapter 9.28, Parking, Loading, and Circulation, and the District within which the parcel is located. Notwithstanding Chapter 9.28, such alternate parking may be located in any configuration on the same lot as the Accessory Dwelling Unit, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts. No setback shall be required for an existing garage that is converted to an Accessory Dwelling Unit, and a setback of five feet from the side and rear property lines shall be required for an Accessory Dwelling Unit that is constructed above a garage. 2. Demolition of Existing Structure. When an existing garage, carport, or covered parking structure is demolished in conjunction with the construction of an Accessory Dwelling Unit, alternate parking for the primary dwelling shall be provided in a form that meets the requirements of Chapter 9.28, Parking, Loading, and Circulation and the District within which the parcel is located. Notwithstanding Chapter 9.28, such alternate parking may be located in any configuration on the same lot as the Accessory Dwelling Unit, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts. 3. Conversion of Existing Floor Area of the Main Dwelling. The creation of an Accessory Dwelling Unit through conversion of part of the existing floor area of the mainprimary Single-Unit ddwelling shall be allowed, provided it has independent exterior access from the existing primary Single-Unit Dwelling and does not result in the floor area of the mainprimary dwelling being less than 150 percent of the floor area of the Accessory Dwelling Unit, or in violation of the standards of the California Building Code. 4. Conversion of an Existing House to an Accessory Dwelling Unit. In cases in which an existing Single Unit Dwelling has an area 6501,200 square feet or less, the Review Authority may approve the construction of one additional residence that is intended to be the primary residence (a Single--Unit Dwelling) on the property. The existing residence, which is intended to become the lawful Accessory Dwelling Unit, must comply with all the requirements of this Section. The primary residence shall be constructed in accordance with the provisions of the applicable District standards and other requirements of this Ordinance. 5. Conversion on an Existing Accessory Building to an Accessory Dwelling Unit. Notwithstanding Subsection (F), the conversion of an existing accessory building up to 1,200 square feet of floor area, including, but not limited to, a studio, pool house, or other similar structure to an Accessory Dwelling Unit shall be allowed if the unit is contained within the existing space of the accessory building, has independent exterior access from the existing primary Single-Unit Dwelling, and the side and rear setbacks of the Accessory Dwelling Unit are sufficient for fire safety. F. Development Standards. An Accessory Dwelling Unit shall conform to the height, setbacks, parcel coverage, and other zoning requirements of the District in which it is located, other requirements of this Ordinance, and other applicable City codes, except as provided in this Section. 1. Attached Accessory Dwelling Units. An Accessory Dwelling Unit that is attached to the primary dwelling shall comply with all the property development standards for the primary dwelling. 2. Detached Accessory Dwelling Units Up to 14 Feet in Height. A detached Accessory Dwelling Unit located within a new or existing one story accessory structure up to 14 feet in height or within additions to existing accessory structures 5

up to 14 feet in height shall comply with all the following requirements: applicable to one-story accessory structures up to 14 feet in height in Section 9.21.020, Accessory Buildings and Structures, unless it is located within a new or existing accessory structure over one story or 14 feet in height, upon which it shall comply with all requirements applicable to accessory structures over one story or 14 feet in height in Section 9.21.020, Accessory Buildings and Structures. a. Location. i. An Accessory Dwelling Unit shall be located on the rear half of the parcel and shall not extend into the required minimum side yard setback except as authorized pursuant to subsection (E) above. ii. An Accessory Dwelling Unit may be located in the rear setback but shall be located at least 5 feet from the rear parcel line. iii. On a reverse corner parcel, an Accessory Dwelling Unit shall not be located nearer to the street side parcel line of such corner parcel than ½ of the front setback depth required on the key parcel, nor be located nearer than 5 feet to the side parcel line of any key parcel. iv. Any Accessory Dwelling Unit on a through parcel shall not project into any front setback and shall not be located in any required side setback. b. Maximum Floor Area. The total floor area of an Accessory Dwelling Unit up to 14 feet in height shall not exceed 1,200 square feet. c. Maximum Building Height. The Accessory Dwelling Unit shall not exceed one story or 14 feet in height. 3. Detached Accessory Dwelling Units Over One Story or 14 Feet in Height. A detached Accessory Dwelling Unit located within a new accessory structure over one story or 14 feet in height or within additions to existing accessory structures over one story or 14 feet in height shall comply with all the following requirements: a. Location. i. An Accessory Dwelling Unit shall be located on the rear half of the parcel and shall not extend into the required minimum side yard setback except as authorized pursuant to subsection (E) above. ii. iii. iv. An Accessory Dwelling Unit may be located in the rear setback but shall be located at least 5 feet from the rear parcel line. The second story portion of an Accessory Dwelling Unit may extend into the required rear setback but shall be no closer than 15 feet from the centerline of the alley or 15 feet from the rear property line where no alley exists. An Accessory Dwelling Unit shall have the same minimum side setback requirement as the principal building on the parcel, but in no case less than 5 feet. On a reverse corner parcel, an Accessory Dwelling Unit shall not be located nearer to the street side parcel line of such corner parcel than ½ of the front setback depth required on the key parcel, nor be located nearer than 5 feet to the side parcel line of any key parcel. v. Any Accessory Dwelling Unit on a through parcel shall not project into any front setback and shall not be located in any required side setback. b. Maximum Floor Area. The total floor area of an Accessory Dwelling Unit that exceeds one story or 14 feet in height shall not exceed 1,200 square feet. i. No Accessory Dwelling Unit or portion of an Accessory Dwelling Unit shall exceed 400 square feet on the second story. ii. The second story of an Accessory Dwelling Unit shall not exceed the floor area of the first story. 6

c. Maximum Building Height. The Accessory Dwelling Unit shall not exceed two stories or 24 feet in height. d. Exterior Features. Roof decks, landings, upper level walkways, and balconies shall not exceed 35 square feet in area and must be set back at least 25 feet from the side property line closest to the structure, and at least 25 feet from the rear property line, or if an alley exists, 25 feet from the centerline of the alley. G. Design Standards. The exterior design of the Accessory Dwelling Unit, including building forms, materials, colors, exterior finishes, and landscaping, shall be compatible with the primary ssingle--uunit ddwelling. 1. The Accessory Dwelling Unit shall be clearly subordinate to the main dwelling unit on the parcel in terms of size, location, and appearance. 2. The entrance to the Accessory Dwelling Unit shall not be on the front or street side setback unless it is a shared entrance with the primary unit. H. Parking. 1. Required Parking. One on-site parking space, which may be unenclosed, shall be provided for the Accessory Dwelling Unit. This space shall comply with all development standards set forth in Chapter 9.28, Parking, Loading, and Circulation, and the requirements for the District. A tandem parking space may also be used to meet the parking requirement for the Accessory Dwelling Unit and may be provided on an existing driveway. Required parking for the primary Single- -Unit Dwelling may not be removed for the creation of an Accessory Dwelling Unit or allocated to meet the parking requirement for the Accessory Dwelling Unit unless replacement parking is provided in accord with this Ordinance. 2. Exemptions. Notwithstanding any other parking required by this Section or Chapter 9.28 of this Ordinance, no parking spaces shall be required for an Accessory Dwelling Unit in any of the following instances: a. The Accessory Dwelling Unit is located within one-half mile of public transit; b. The Accessory Dwelling Unit is an individually designated historic resource or is located within an architecturally and historically significant historic district; c. The Accessory Dwelling Unit is part of the existing primary residence or an existing accessory structure; d. When on-street parking permits are required but not offered to the occupant of the Accessory Dwelling Unit; or e. When there is a car share vehicle located within one block of the Accessory Dwelling Unit. I. Owner Occupancy, Rental, and Sale Limitations. Either the primary Single--Unit Dwelling or the Accessory Dwelling Unit shall be owner-occupied. Either unit may be rented, but both may not be rented at the same time. An Accessory Dwelling Unit shall not be offered for sale separately from the primary dwelling unit. The primary Single--Unit Dwelling or the Accessory Dwelling Unit shall only be offered for residential occupancy for more than thirty (30) days. 30. Modify the following language in SMMC Section 9.48.010(A) (p. 4.50): A. No person shall establish, operate, erect, move, alter, enlarge, allow, or maintain any use, activity, or improvement in contravention of any provision of Article 9 of the Municipal Code, including any General, Area, or Specific Plans incorporated by this Article 9. 35. Modify the following language in SMMC Section 9.31.040(D) (p. 3.117): 2. With respect to the Director s decision for Alcohol Exemption Zoning Conformance Permits for restaurants with over 50 seats, within two business days from the date when the determination has been made concerning the application and posted on the City s website, 7

the Director shall transmit a notice of determination that summarizes the determination and provides a website link to the Statement of Official Action to the applicant at the address shown on the application and to all property owners and residential and commercial tenants within a radius of 750 feet from the exterior boundaries of the property involved in the application. The applicant or any property owners and residential and commercial tenants within a radius of 750 feet from the exterior boundaries of the property involved in the application may appeal the decision to the Planning Commission following the procedures set forth in Section 9.37.130(B-D) and subject to the findings of Section 9.31.040(C). 36. Modify the following language in SMMC Section 9.37.070(D) (p. 4.9): 1. With respect to Director decisions, within two business days from the date when the determination has been made concerning the application and posted on the City s website, the Director shall transmit the statement of official action to the applicant at the address shown on the application, to all individuals who testified at the public hearing on the application, to all individuals who submitted written comments prior to or at the public hearing, and to other individuals who provided written notice that they wished to receive the statement of official action for this item. 37. Modify the following language in SMMC Section 9.43.030 (p. 4.29): C. If the application for a Major Modification involves a project that includes the retention and preservation of a structure or improvement that is a City-Designated Historic Resource, the Director may grant relief from maximum building height, maximum number of stories, required setbacks, maximum parcel coverage and building envelope requirements; permitted building height projections; permitted projections in required yard areas; access to private open space; landscaping; and provision of unexcavated yard areas. 38. Modify the following language in SMMC Section 9.08.030(A)(1) (p. 2.23): f. Beach Rear Yard Setback. Twenty-five feet.fifteen feet for parcels one hundred feet or less in depth and fifty-five feet for parcels over one hundred feet in depth. 39. Modify the following language in SMMC Section 9.08.030(A)(1) (p. 2.24): m. Projections into Beach Rear Yard Setback. Balconies, decks, porches, and similar structures that are open and unenclosed on at least two sides shall be allowed to extend to the rear property line in the beach rear yard setback but not within the minimum side yard setbacks. 8

40. Modify the following figure in SMMC Section 9.28.050 (p. 3.69): FIGURE 9.28.050: PARKING OVERLAY AREAS 9

41/42. Modify the following language in SMMC Section 9.28.090 (p. 3.81): Space-efficient parking is parking in which vehicles are stored and accessed by valet, mechanical stackers or lifts, automated parking systems, certain tandem spaces, or other space-efficient means. Parking spaces may be either independently accessible or space-efficient as described below, except for spaces required and specifically designated for persons with physical disabilities unless designed in compliance with the Americans with Disabilities Act. A. Applicability. Space-efficient parking is encouraged and may be used in all Districts pursuant to Section 9.28.060 if the applicant demonstrates that all parking can be accommodated by the means chosen subject to the requirements of this Section 9.28.090. B. Qualifying as Independently Accessible. Parking spaces in mechanical parking structures that allow a vehicle to be accessed without having to move another vehicle under its own power shall be deemed to be independently accessible. Parking spaces that are accessed by a valet attendant and have availability of attendant service at all times shall be deemed to be independently accessible. CB.. MechanicalAutomated and ValetTandem Parking. All parking may be stored and accessed by automated parking systems, mechanical stackers, tandem, or other space-efficient means at the discretion of the City through the approval of a Parking and Loading Operations Plan. The plan shall include information required by the Director to understand the proposed parking operations and other information determined by the Director to be necessary. Submittal of technical studies may also be required. 1. Tandem Parking Access. Tandem parking shall not require more than 1 car to move under its own power to access the desired parking space and must be managed in compliance with the unbundled parking provisions in Section 9.28.110. 2. Attendant Requirement. Valet or attendant service is required at all times unless it is determined that the parking may be operated self-sufficiently by users, and queuing space is adequate for self-operation. Exceptions to the attendant requirement are stated below. 13. Residential Parking. For projects with 50 units or more, all residential parking in excess of 0.5 parking spaces for each dwelling unit may be stored and accessed by mechanical parking systems, valet, or other space-efficient means. a. Projects with two or fewer dwelling units are exempt from the Parking and Loading Operations Plan and attendant requirements. b. An attendant is not required when tandem parking spaces are assigned to the same unit as the parking stall blocking access. Mechanical stackers require an attendant unless it can be demonstrated that the system can be operated by users without an attendant and the Parking and Loading Operations Plan includes a nonoperation plan. c. An attendant is not required when an automated parking system is determined to be independently accessible, it can be demonstrated that the system can be operated by users without an attendant, and the Parking and Loading Operations Plan includes a nonoperation plan. 24. CommercialNon-Residential and Mixed-Use Parking. Mechanical systems and valet parking may be used to satisfy the off-street parking requirements when the parking lot is staffed by an attendant at all times who is authorized and able to move the vehicle obstructing access. a. The maximum number of non-residential tandem parking spaces may not exceed 25% of the total number of provided parking spaces when no attendant is available. Mechanical stackers require an attendant unless it can be demonstrated that the system can be operated by users without an attendant and the Parking and Loading Operations Plan includes a nonoperation plan. b. Automated parking systems shall not result in queuing into any public right-of-way. The applicant shall prepare a technical study comparing expected traffic-intensity with parking system capacity to determine the 10

amount of short-term parking needed, if any, to mitigate potential impacts from users seeking short-term parking. At minimum, the study shall address peak parking demand, the number of vehicles entering and exiting the facility, the cycle time of the automated parking system, how the system is accessed, queuing space, the number of attendants available, and the amount of short-term parking spaces available. c. An attendant is not required when an automated parking system is determined to be independently accessible, it can be demonstrated that the system can be operated by users without an attendant, and the Parking and Loading Operations Plan includes a nonoperation plan. 35. Screening. Except for required ingress and egress, all mechanical parking shall be fully enclosed. 6. Signage. Parking spaces shall have signage clarifying operations of the spaces to users. 7. Space-Efficient Parking Spaces. Pursuant to Section 9.28.120(C), exceptions to dimensional requirements may be granted for space-efficient spaces. D. Tandem Parking. 1. Tandem Parking for Non-Residential Uses: Tandem parking may be permitted to satisfy the off-street parking requirement for commercial uses in accordance with the following: a. No more than 1 car is required to move to access the desired parking space. b. Tandem parking may be used when: i. The parking lot is staffed by an attendant at all times who is authorized and able to move the vehicle obstructing access. ADA parking spaces may be provided with this operation.; or ii. The maximum number of tandem parking spaces does not exceed 25% of the total number of spaces. ADA compliant spaces may not be provided in this configuration. 2. Residential Uses. Tandem parking shall only be permitted for single unit dwellings. 3. Signage. Spaces shall have signage clarifying operations of the space to encourage the use of both spaces. D. Queuing Spaces. 1. Quantity Required. Off-street Queuing space at the vehicular entrance shall be provided at a minimum rate of 5 percent of the total space-efficient parking provided or 2 Queuing spaces, whichever is greater. For the purpose of determining required Queuing spaces, fractions equal to or greater than one-half resulting from the calculations in this Section shall be considered to be one Queuing space. 2. Dimensions. In no event shall the dimensions of any Queuing space be less than 18 feet long and 8 feet, 6 inches wide. 3. Deviation from Requirement. Off-street Queuing space at the vehicle entrance shall be provided at the rate set forth in subsection (D)(1) of this Section. The number of Queuing spaces required pursuant to this Section may be reduced when a technical study can demonstrate that the operational characteristics of the parking facility and expected traffic intensity warrant such a reduction. 4. Parking Facility Entry. For off-street parking facilities where entering vehicles are required to stop before a mechanically operated barrier before entering the parking facility, such barrier shall be placed a minimum of 18 feet from the parcel line where the entrance is accessed. E. Operations. 1. Covenant for Operation. A Covenant and Agreement Regarding Maintenance of Mechanical Parking System shall be recorded with the Los Angeles County Recorder s Office to ensure vehicle parking system are maintained in operable condition at all times. 11

2. Generator. Automated parking structures shall be equipped with an on-site generator with sufficient capacity to store and retrieve cars if or when the electrical power is down. 3. Manual Override. Mechanical stacker lifts shall provide manual override capability to access or remove cars from the parking lift in the event of a power outage. 4. Covenant for Attendant. A Covenant and Agreement to Provide Parking Attendant shall be recorded with the Los Angeles County Recorder s Office when a parking attendant is required. Add the following language in SMMC Section 9.28.030 (p. 3.66): E. Parking and Loading Operations Plan. Projects that result in greater than 40 provided parking spaces, new Private Parking surface lots or structures, or projects that provide space-efficient parking shall submit a Parking and Loading Operations Plan to the Director for review and approval before issuance of any building permits. Add the following language in SMMC Section 9.52.020 (p. 5.40): 9.52.020.1745 Automated Parking System. Off-street parking facility where vehicular storage and retrieval within such facility is accomplished entirely through a mechanical conveyance system. A parking facility with parking lift systems that require an attendant to maneuver a vehicle that is to be parked shall not be considered an automated parking facility. 12

ATTACHMENT B Policy Redline Explanations Zoning Ordinance 9

ATTACHMENT B (Policy Redline Explanations) POLICY DISCUSSION ITEMS BUCKET 2B #16 SMMC Section 9.11.030 (p. 2.53) Policy Topic: Revisit appropriateness of minimum 15-foot first-story street wall height for new projects. Purpose of the Standard o The purpose of this standard is to provide pedestrian-oriented ground floor design, allow for variety of commercial uses on ground floor, and provide consistent design pattern along commercial streets. How the Issue was Identified o Architects and developers have found the standard to be challenging to meet for parcels with unique sloping conditions and for prospective smaller buildings with limited stories. o The ARB has also commented that the 15-foot minimum is too low for a pedestrian-scaled ground floor and creates odd proportions compared with a building s upper floors What the Clarifying Language Will Do o Eliminates first story street wall height requirements and utilize minimum ground floor floor-to-floor heights instead, similar to standards established in the Downtown Community Plan. o Creates a standard defining the maximum allowable separation between the ground floor level and the adjacent finished grade facing a street with no relation to technical definition of building stories. This standard varies slightly between flat ground-floor street frontages along commercial boulevards and sloped groundfloor street frontages along commercial boulevards in order to provide a little more flexibility for sloped sites. o Allows for the ability to apply for a Major Modification from the minimum and maximum ground floor floor-to-floor heights. #17 SMMC Section 9.21.060(A) (p. 3.9) Policy Topic: Reconsider the limit on skylights at a maximum of 12 above the roof. Purpose of the Standard o The standard allows for the design and installation of skylight fixtures allowing for access to natural daylight while minimizing their aesthetic projections above the roof. How the Issue was Identified o Some architects and property owners claim that the maximum 12 projection above a roof limits the design type and position (slope/tilt) of a skylight. This limitation can be problematic for common skylight designs, particularly those with a curb base and domed surface or skylight fixtures that can be propped open for natural ventilation. 1