Article 19.3 — MIXED USE PLANNED DEVELOPMENT OVERLAY ZONE (M-PD-2)

There is hereby created an overlay zone designated as the mixed use planned development overlay zone (M-PD-2). (Ord. 02-O-2417, eff. 1-3-2003)

The M-PD-2 zone shall apply to the following areas, as shown on the mixed use planned development map, a copy of which is on file in the department of planning and community development and attached as exhibit A to the ordinance codified herein:

All those parcels having frontage on the north side of Wilshire Boulevard, east of the alley running parallel to and west of Crescent Drive, and all those parcels having frontage on the west side of Crescent Drive north of Wilshire Boulevard and south of Clifton Way. (Ord. 02-O-2417, eff. 1-3-2003)

The objectives of the M-PD-2 zone shall be as follows:

A. To ensure that mixed use development in the M-PD-2 zone is consistent with the general plan and any specific plans adopted for the area.

B. To ensure that mixed use development in the M-PD-2 zone will not adversely affect existing and anticipated development in the vicinity and will promote harmonious development of the area.

C. To provide for mixed use development that is compatible with the scale and massing of the surrounding neighborhood, through appropriate height, modulation, upper story setbacks, and/or other similar measures.

D. To provide pedestrian friendly amenities along the street level, and setbacks that are generally consistent with other development along the west side of Crescent Drive between Wilshire Boulevard and Santa Monica Boulevard (south roadway).

E. To promote a combination of land uses and densities within the M-PD-2 zone that will not unduly induce significantly greater traffic to nearby neighborhood streets; provided, however, that achievement of this objective is to be balanced with other public policy considerations in the event that such considerations are found to be of an overriding nature.

F. To ensure that mixed use development in the M-PD-2 zone will not create any significant, adverse traffic safety hazards, pedestrian-vehicle conflicts, or pedestrian safety hazards and will minimize impediments to vehicular circulation and pedestrian safety.

G. To foster uniform planning and development of all parcels in the M-PD-2 zone to ensure unified development in the overlay zone.

• H. To protect the public health, safety or general welfare. (Ord. 02-O-2417, eff. 1-3-2003)

Unless the context plainly requires otherwise, the following definitions shall govern this article: ENTERTAINMENT USE: Any entertainment, other than "live musical accompaniment to dining" as defined in section 10-3-2703 of this chapter, and shall include, but not be limited to, movie theaters, playhouses, video arcades, nightclubs, and similar uses.

PLANNED DEVELOPMENT: A development that is approved pursuant to the procedures of article 18.4 of this chapter. (Ord. 02-O-2417, eff. 1-3-2003)

No lot, premises, building or portion thereof in the M-PD-2 zone shall be used for any purpose except those approved by the planning commission as part of a planned development pursuant to article 18.4 of this chapter. (Ord. 02-O2417, eff. 1-3-2003)

The following restrictions shall apply to mixed use developments in the M-PD-2 zone:

A. Except as otherwise provided in this article, a mixed use development may include any use permitted in the applicable underlying zone; provided, however, that in any mixed use development that includes more than one underlying zone, no use may be permitted in any portion of the mixed use development which does not otherwise conform to uses permitted by the underlying zone applicable to such portion of the mixed use development.

B. Restaurants and bars may be permitted as part of a planned development but only in portions of a mixed use development with an underlying zoning of C-3 or RMCP.

C. No medical uses may be included in a mixed use development.

• D. No entertainment uses may be included in a mixed use development.

• E. Residential uses included as part of a mixed use development shall only be permitted in those portions of the development in which the underlying zone is the RMCP zone.

• F. Commercial uses included as part of a mixed use development shall only be permitted in those portions of the development in which the underlying zone is the C-3 zone.

G. Notwithstanding any other provision of this title, the planning commission may permit the combination of residential uses and residential and commercial parking facilities on a lot in either the RMCP or C-3 zone in conjunction with the approval of a mixed use development through a planned development permit pursuant to article 18.4 of this chapter.

• H. Any use not expressly authorized by this article is hereby prohibited in a mixed use development.

• I. No mixed use development shall include a supermarket.

J. Serviced residence uses may be permitted as part of a planned development but only in those portions of a mixed use development with an underlying zoning of RMCP. (Ord. 02-O-2417, eff. 1-2-2003; amd. Ord. 14-O-2654, eff. 3- 21-2014)

Except as otherwise specifically provided in this article for mixed use developments, development in an M-PD-2 zone shall comply with the zoning regulations applicable to the underlying zone.

Nothing in this article shall require a development to comply with the provisions of the M-PD-2 overlay zone if the development fully conforms to the requirements of the underlying zone. (Ord. 02-O-2417, eff. 1-2-2003)

No mixed use development shall be constructed, altered, or enlarged in the M-PD-2 zone except in accordance with the following height restrictions:

A. Commercial Component: No building, structure improvement, or any part thereof, erected, constructed or maintained as part of the commercial component of a mixed use development in the M-PD-2 zone shall exceed forty five feet (45') in height, measured as set forth in this chapter, or four (4) stories, whichever is less. The first two (2) levels of above grade parking facilities shall not be considered when determining the number of stories in a building or structure pursuant to this section, provided that any above grade level(s) containing parking facilities are separated from any street frontage by a permitted use other than parking.

B. Residential Component: No building, structure, improvement, or any part thereof, erected, constructed or maintained as part of the residential component of a mixed use development in the M-PD-2 zone shall exceed sixty feet (60') in height, measured as set forth in this chapter, or five (5) stories, whichever is less. The first two (2) levels of above grade parking facilities shall not be considered when determining the number of stories in a building or structure pursuant to this section, provided that any above grade level(s) containing parking facilities are separated from any street frontage by a permitted use other than parking.

C. Unoccupied Architectural Features: Notwithstanding any other provision of this code, unoccupied architectural features such as skylights and clerestories may exceed the height limits established by this section by not more than ten feet (10') 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 and do not exceed thirty three percent (33%) of the roof area upon which they are located and no such feature exceeds or intersects a line projecting from the perimeter of the roof upward at an angle of forty five degrees (45°) from the horizontal.

D. Rooftop Uses: Notwithstanding any other provision of this code, rooftop restrooms described in this chapter that are approved by the planning commission as part of a planned development pursuant to article 18.4 of this chapter may exceed the height limits established by this section by not more than ten feet (10') in height provided the structure housing the restroom facility is set back from the intersection of the roof deck and the face of any exterior wall of the floor immediately below that faces a public right of way so that a forty five degree (45°) angle to the vertical plane of such exterior wall is not intersected. (Ord. 02-O-2417, eff. 1-2-2003)

A. Maximum Floor Area Ratio: Notwithstanding any other provision of this code, a mixed use development in the M-PD-2 zone, including all components, shall have a maximum aggregate floor area ratio no greater than 2.5 to one (2.5:1). Above grade parking facilities shall not be considered when calculating the floor area ratio of a mixed use development pursuant to this section, provided that any above grade level(s) containing parking facilities are separated from any street frontage by a permitted use other than parking.

• B. Maximum Commercial Floor Area: The maximum permitted floor area devoted to commercial uses in the M- PD-2 zone shall be forty thousand (40,000) square feet.

C. Maximum Number Of Residential Units: The number of residential units that may be included in a mixed use development in the M-PD-2 zone shall not exceed one dwelling unit per one thousand seven hundred (1,700) square feet of residential floor area or eighty eight (88) dwelling units, whichever is greater. (Ord. 02-O-2417, eff. 1-3-2003)

Notwithstanding any other provision of this code, parking for mixed use developments located in the M-PD-2 zone shall be provided in accordance with this section.

A. A mixed use development shall provide parking for the commercial and residential components which are physically separated. Notwithstanding the foregoing, the planning commission may permit, as part of a planned development approved pursuant to article 18.4 of this chapter, access between parking facilities for the commercial and residential components if it finds that such access would advance the objectives of the M-PD-2 zone as set forth in section 10-3-1932 of this chapter.

B. Parking for all uses in a mixed use development shall be provided in accordance with the applicable provisions of this chapter.

C. If parking is provided aboveground, all parking, except for driveways and access to loading areas, shall be located behind a permitted use other than parking to prevent direct visibility from adjacent streets unless otherwise approved by the planning commission through a planned development pursuant to article 18.4 of this chapter.

D. The planning commission may permit, as part of a planned development approval pursuant to article 18.4 of this chapter, no more than ten percent (10%) of the parking spaces required to be provided for serviced residences to be used for taxi and limousine staging. (Ord. 02-O-2417, eff. 1-2-2003; amd. Ord. 14-O-2654, eff. 3-21-2014)

Mixed use developments in the M-PD-2 zone shall maintain the following setbacks:

• A. Commercial Uses:

1. Wilshire Boulevard (Front) Setback: No minimum setback shall be required from the property line along the Wilshire Boulevard frontage of the commercial component of a mixed use development in the M-PD-2 zone.

2. Crescent Drive (Street Side) Setback: A minimum setback of five feet (5') shall be required from the street side property line along the Crescent Drive frontage of the commercial component of a mixed use development in the M- PD-2 zone.

3. Alley (Side) Setback: No minimum setback shall be required along the alley (side) of the commercial component of a mixed use development in the M-PD-2 zone.

• B. Residential/Parking Uses:

1. Crescent Drive (Front) Setback: The residential/parking component of a mixed use development in the M-PD2 zone shall maintain a minimum six and one-half foot (6.5') setback and a minimum average setback of fourteen feet (14') from the front (Crescent Drive) property line. Unless otherwise approved as part of a planned development pursuant to article 18.4 of this chapter, no portion of any front yard within a mixed use development in the M-PD-2 zone shall be paved, except for not more than one walkway not exceeding five feet (5') in width and one driveway not exceeding the width of its curb cut.

2. Clifton Way (Street Side) Setback: The residential/parking component of a mixed use development in the M- PD-2 zone shall maintain a minimum five foot (5') setback on the ground level and a minimum seven and one-half foot (7.5') setback on all upper levels from the street side (Clifton Way) property line.

3. Alley (Rear) Setback: No minimum setback shall be required along the alley (rear) of the residential/parking component of a mixed use development in the M-PD-2 zone.

4. Corner Of Clifton Way And Crescent Drive: Where the rights of way of Crescent Drive and Clifton Way do not form a right angle, the residential/parking component of a mixed use development in the M-PD-2 zone shall maintain a minimum three foot (3') setback from the property line at the corner of Clifton Way and Crescent Drive.

5. Commercial/Residential Separation: No dwelling unit shall be constructed closer than thirty feet (30') from a commercial structure. No structure or element of a building may encroach into the required commercial/residential separation of a mixed use development in the M-PD-2 zone except the following:

• a. Balconies that comply with all of the following provisions:

• (1) The balcony does not project more than twenty four inches (24") into the required separation;

• (2) The total length of the balcony at any one story does not exceed fifty percent (50%) of the length of the wall on which it is located;

• (3) The end of any balcony is not closer than three feet (3') to the front or rear corner of the building; and

• (4) The enclosure of the balcony does not exceed fifty four inches (54") in height.

• b. Patios that comply with all of the following provisions:

• (1) The patio does not project more than eight feet (8') into the required separation;

• (2) The enclosure of the patio does not exceed seventy two inches (72") in height.

• c. Roof eaves projecting no more than twenty inches (20") into the required separation, provided that such eaves have been approved by the architectural commission.

d. Architectural projections, such as half timbers, corbels, bay windows, and window and door accents, but excluding balconies, projecting no more than twelve inches (12") into the required separation. (Ord. 02-O-2417, eff. 1- 3-2003)

Except as otherwise provided in this section, loading facilities for mixed use developments in the M-PD-2 zone shall be provided in accordance with sections 10-3-2740 through 10-3-2744 inclusive of this chapter. (Ord. 02-O-2417, eff. 1-3-2003)

A. The following minimum floor area requirements shall apply to all dwelling units within a mixed use development:

1. Efficiency Unit: An efficiency unit shall have a minimum floor area of six hundred (600) square feet.

2. One Bedroom: A one bedroom dwelling unit shall have a minimum floor area of eight hundred (800) square feet.

3. Two Bedrooms: A two (2) bedroom dwelling unit shall have a minimum floor area of one thousand three hundred (1,300) square feet.

4. Three Or More Bedrooms: A dwelling unit with three (3) or more bedrooms shall have a minimum floor area of one thousand five hundred (1,500) square feet. (Ord. 02-O-2417, eff. 1-3-2003)

The residential components of all mixed use developments in the M-PD-2 zone shall provide outdoor living space in accordance with the requirements of section 10-3-2803 of this chapter. (Ord. 02-O-2417, eff. 1-3-2003)

A. Notwithstanding any other provision of this code and subject to the restrictions set forth in this section, the planning commission may permit, as part of a planned development pursuant to article 18.4 of this chapter, mixed use developments in the M-PD-2 zone to exceed height, story and density limitations otherwise applicable to mixed use developments in order to permit the establishment of rooftop pools and spas and related restroom facilities provided that:

1. The planning commission makes the findings set forth in subsection 10-3-2804B of this chapter regarding the rooftop restroom facilities.

2. The additional height above the maximum height limit otherwise applicable to the mixed use development will not exceed ten feet (10').

3. The mixed use development includes a maximum of two (2) rooftop restroom facilities.

4. The aggregate floor area of all rooftop restroom facilities permitted pursuant to this section shall not exceed two hundred (200) square feet or such minimum floor area as may be required by federal or state law, whichever is greater.

5. Any rooftop restroom facilities permitted pursuant to this section shall not exceed thirty three percent (33%) of the roof area upon which they are located.

6. Any rooftop restroom facilities permitted pursuant to this section shall be set back from the face of any exterior wall of the floor immediately below so that a forty five degree (45°) angle to the vertical plane of the nearest outside wall is not intersected.

7. Notwithstanding the provisions of subsection A6 of this section, a rooftop structure may intersect a forty five degree (45°) angle to the vertical plane of the nearest outside wall provided that the exterior wall of the rooftop structure is constructed in the same plane as the exterior wall of the floor below and the rooftop structure will not exceed the applicable maximum allowable height otherwise permitted by more than forty five inches (45").

8. No food or beverage service, other than vending machines, shall be provided in connection with any rooftop pool use.

9. Use of the rooftop pool facilities shall be restricted to residents and guests of residents of the mixed use development.

10. No admittance or use fees shall be charged to use the rooftop pool facilities. Nothing in this provision shall prohibit the imposition or collection of home owner association fees on residents of a mixed use development to offset

the costs of operating and maintaining such rooftop pool facilities.

11. Notwithstanding the provisions of this chapter permitting certain elements to be located above maximum height limits, only those elements required by law to project above the roof deck shall be permitted to exceed the ten foot (10') height limit of the structure enclosing the rooftop use permitted hereby. (Ord. 02-O-2417, eff. 1-3-2003)

The following design standards shall be incorporated into all mixed use developments in the M-PD-2 zone:

• A. Noise Attenuation:

1. All dwelling units shall be constructed with double glazed glass windows.

2. The exterior walls of all dwelling units, and any interior walls or floor/ceilings that separate dwelling units from commercial uses shall comply with the sound transmission standards set forth in sections 1208 and 1208A of the Uniform Building Code, as amended by the 1998 California Building Code, or their successors.

3. All dwelling units shall be equipped with internal air conditioning.

• B. Odors: Air conditioning systems for the residential component shall be located and designed in a manner sufficient to prevent adverse impacts from odors generated by the commercial component.

• C. Miscellaneous:

1. Parking shall be located underground or behind a permitted use other than parking to prevent direct visibility from Crescent Drive and Wilshire Boulevard. Parking spaces for commercial tenants and their customers shall be physically separated from parking spaces for residents of the mixed use development so that entry to the parking area for the residential component is restricted to prohibit access by patrons and tenants of the commercial component.

2. Commercial and residential uses shall have separate entrances. Commercial freight elevators and entrances shall also be separate from the residential component. (Ord. 02-O-2417, eff. 1-3-2003)

Unless otherwise provided in this article, all uses in a mixed use development shall comply with the general operational requirements set forth in section 10-3-1956 of this chapter. (Ord. 02-O-2417, eff. 1-3-2003)