Article 18.6 — ENTERTAINMENT OFFICE PLANNED DEVELOPMENT OVERLAY ZONE (E-OPD)

There is hereby created an overlay zone designated as the entertainment office planned development overlay zone (EO-PD). (Ord. 07-O-2542, eff. 1-18-2008)

The objectives of the E-O-PD overlay zone shall be as follows:

A. To provide additional opportunities to locate a quality major entertainment talent agency that would not otherwise be allowed by the underlying zone due to height and floor area ratio limitations, in order to maintain and strengthen the economic base of the city;

B. To encourage the development and redevelopment of the property at 231-265 North Beverly Drive to provide for single- and multi-tenant entertainment talent agency businesses not currently available in the city;

C. To provide for the enhancement of employment and commerce within the project area by locating new entertainment talent agency offices in the area;

D. To provide retail/commercial and entertainment talent agency business uses responsive to the city's needs and regional market forces;

E. To encourage the provision of pedestrian friendly amenities at the street level;

F. To augment the city's economic base by providing tax generating revenues from sales from the retail/commercial stores, increased business license fees from the entertainment talent agency business, and increased assessed land and building values, which should generate additional property taxes;

G. To protect the health, safety, and welfare of residents, businesses and visitors of the E-O-PD overlay zone and surrounding areas;

H. To foster development in the E-O-PD overlay zone that is environmentally sensitive;

I. To ensure that development, which includes floor area in excess of the density or other zoning limitations of an underlying zone and deviations from the parking stall size and configuration standards of an underlying zone, shall not be a right of the property owner, but instead shall be permitted only upon a determination that such development would meet the objectives set forth in this section; and

J. To ensure that development in the E-O-PD overlay zone will not materially and adversely affect the businesses adjacent to the E-O-PD overlay zone. (Ord. 07-O-2542, eff. 1-18-2008)

Unless the context otherwise requires, the following definitions shall govern the construction of this article: ANCILLARY COMMERCIAL: Commercial uses that are ancillary to an entertainment talent agency business, such as food service, reprographics, newsstands, and similar service oriented activities.

ENTERTAINMENT TALENT AGENCY: A business establishment with representation in multiple sectors of the entertainment industry, including, for example, motion pictures, television, music, modeling, Broadway theater, sports,

book publishing, and commercial endorsements.

OVERLAY ZONE: A zoning district which governs the same territory as an underlying zone, but provides alternative development standards for a specified type of development or use.

PLANNED DEVELOPMENT: A development that is approved pursuant to the procedures of article 18.4 of this chapter.

TANDEM SPACE: A parking space that can only be accessed through another parking space.

UNDERLYING ZONE: The primary zone designation which would govern development on a particular site if such development were not otherwise governed by an overlay zone. (Ord. 07-O-2542, eff. 1-18-2008)

Except as otherwise provided or restricted by this article, no lot, premises, building or portion thereof in the E-O-PD overlay zone shall be used for any purpose except the uses permitted in the applicable underlying zone.

The following uses shall not be permitted in an E-O-PD overlay zone without the prior approval of the planning commission:

Commercial exercise clubs and training centers. Hair salons.

Medical laboratories. Medical offices.

Nail salons.

Nonoffice retail establishments, except on the ground floor and any mezzanine. Real estate offices.

Restaurants in excess of five percent (5%) of the total gross square footage of the building.

Ancillary commercial uses may be permitted on any floor. However, the total floor area occupied by ancillary commercial uses above the ground floor shall not exceed five percent (5%) of the floor area of the building. (Ord. 07O-2542, eff. 1-18-2008)

Except as otherwise specifically provided in this article, development and uses in an E-O-PD overlay zone shall comply with the zoning regulations applicable to the underlying zone. (Ord. 07-O-2542, eff. 1-18-2008)

Building projects shall be constructed, altered, or enlarged in the E-O-PD overlay zone in accordance with the following height restrictions:

A. Stories: No building project shall exceed six (6) stories, measured as set forth in the definition of "story" in section 10-3-100 of this chapter.

B. Height: Building height shall not exceed eighty eight feet (88'), except that up to a maximum of ninety two feet (92') may be permitted at the discretion of the director of community development due to technical difficulties that may be encountered during construction, when located within a commercial underlying zone.

C. Unoccupied Architectural Features: Notwithstanding subsection A7 of the definition of "height of building" in section 10-3-100 of this chapter, unoccupied architectural features may exceed the height limits of this section by not more than fifteen feet (15') in height if such unoccupied architectural features are approved by the planning commission as part of a planned development pursuant to article 18.4 of this chapter.

D. Vertical Circulation Spaces: Vertical circulation spaces such as stair shafts or elevator shafts shall not be subject to the six story limitation set forth in subsection A of this section if such vertical circulation spaces are approved by the planning commission as part of a planned development pursuant to article 18.4 of this chapter.

E. Mechanical Penthouse: A mechanical penthouse may exceed the story limitation set forth in subsection A of this section. (Ord. 07-O-2542, eff. 1-18-2008)

A building project located in the E-O-PD overlay zone shall have a floor area ratio no greater than three and six-tenths to one (3.6:1). (Ord. 07-O-2542, eff. 1-18-2008)

Except as otherwise provided in this section, parking for a building project located in the E-O-PD overlay zone shall be provided in accordance with sections 10-3-2727 through 10-3-2736, inclusive, of this chapter.

A. As part of a planned development application pursuant to article 18.4 of this chapter, the planning commission, after reviewing a parking program with a finding that the proposed parking plan will have no adverse impact to the site or the surrounding properties, may allow tandem spaces and/or compact spaces as follows:

1. Tandem spaces may be used, measuring not less than nine feet by seventeen feet (9' x 17'). The amount of tandem parking spaces shall be in conformance with an approved parking program pursuant to subsection B of this section.

2. Compact spaces may be used, measuring not less than seven and one-half feet by seventeen feet (7.5' x 17') to satisfy up to seventeen percent (17%) of the parking requirement.

3. Parking spaces that are both compact and tandem may be used, measuring not less than seven and one-half feet by seventeen feet (7.5' x 17') to satisfy up to seven percent (7%) of the parking requirement.

B. All parking that is required by this article shall conform to a parking program approved by the planning commission as part of a planned development approval pursuant to article 18.4 of this chapter. The parking program shall include monitoring programs and may include measures such as: 1) free parking for employees, and 2) free validated self and valet parking for patrons, as necessary to minimize the parking and circulation impacts of the project on the surrounding streets and to ensure that vehicle queuing will not occur in the public right of way or impede access to a parking facility. The monitoring program shall be implemented by the applicant, tenant or building owner at its expense. In addition, the monitoring program shall provide the city with continuing jurisdiction to require the implementation of additional measures by the applicant to ensure vehicles will not impede traffic in the public right of way.

C. Any building project developed pursuant to the provisions of this article shall provide a valet queuing area of sufficient size and configuration to ensure that vehicle queuing will not occur in the public right of way or impede access to a parking facility.

D. Parking spaces in a building in the E-O-PD overlay zone shall not be leased or rented to persons who are not tenants of the building except as may be allowed by a planned development approval pursuant to article 18.4 of this chapter. (Ord. 07-O-2542, eff. 1-18-2008)

Loading facilities shall be governed by the following provisions:

A. Notwithstanding any other provision of this code, the number and size of required loading spaces for a building project that is located in the E-O-PD overlay zone may be established by the planning commission as part of a planned development approval pursuant to article 18.4 of this chapter. (Ord. 07-O-2542, eff. 1-18-2008)