Article 19.95 — MIXED USE PLANNED DEVELOPMENT OVERLAY ZONE (M-PD-5 Overlay Zone)

There is hereby created an overlay zone designated as the mixed use planned development overlay zone (M-PD-5). (Ord. 20-O-2020, 2-18-2020)

The M-PD-5 overlay zone may only be applied to properties that meet all of the following criteria:

• A. The underlying zone on the property is C-3A.

• B. The property contains a minimum of 30,000 square feet of lot area.

• C. The property fronts on South Santa Monica Boulevard between Charleville Boulevard and South Moreno Drive. (Ord. 20-O-2801, 2-18-2020)

The objectives of the M-PD-5 zone shall be as follows:

• A. To ensure that mixed use development in the M-PD-5 zone will serve to maintain the vibrancy of local serving commercial uses along the South Santa Monica commercial corridor.

• B. To provide for mixed use development that encourages high quality design and residential uses and amenities through appropriate height, modulation, setbacks, and other similar measures.

• C. To provide pedestrian-friendly commercial uses and amenities along the street level.

• D. To ensure that mixed use development in the M-PD-5 zone will enhance adjoining residential neighborhoods and minimize traffic impacts.

• E. To protect the public health, safety, and welfare. (Ord. 20-O-2801, 2-18-2020)

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, cabarets, nightclubs, adult entertainment businesses, and similar uses.

PLANNED DEVELOPMENT:

A development that is approved pursuant to the procedures of article 18.4 of this chapter. (Ord. 20-O-2801, 2-18-2020)

No lot, premises, building or portion thereof in the M-PD-5 zone shall be used for any purpose except multi-family dwellings and the usual and customary accessory and appurtenant uses thereto, and permitted and conditional uses in the underlying C-3A zone. (Ord. 20-O-2801, 2-18-2020)

The following restrictions shall apply to mixed use developments in the M-PD-5 zone:

A. No establishments whose primary purpose or business is to sell alcoholic beverages for on-site consumption, otherwise referred to as bars, may be included in a mixed use development.

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

C. No entertainment uses including, but not limited to, cabarets, nightclubs, and adult entertainment businesses, may be included in a mixed use development.

D. No use shall be permitted in a mixed use development if that use would cause the parking requirement for all uses in the mixed use development to exceed the available parking on site as determined in accordance with this chapter.

E. Residential uses included as part of a mixed use development shall be permitted in all portions of the development regardless of the underlying zone, except that residential uses shall not be permitted within the area of the first floor facing South Santa Monica Boulevard that is a minimum of thirty feet (30') and an average of forty feet (40') as measured from the front building façade, and other areas of a project as may be defined in a Planned Development Approval This provision shall not apply to portions of the building containing building operating systems, equipment, exiting stairs or corridors even if those areas serve the residential portions of the building. F. The planning commission shall have authority through conditions imposed on a planned development to prohibit or allow other uses as it deems appropriate, on a use by use basis. (Ord. 20-O-2801, 2-18-2020)

Except as otherwise specifically provided in this article for mixed use developments or as shown on the approved plans for a Planned Development, development in an M-PD-5 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-5 overlay zone if the development fully conforms to the requirements of the underlying zone. (Ord. 20-O-2801, 2-18-2020)

No mixed-use development shall be constructed, altered, or enlarged in the M-PD-5 zone except in accordance with the following height restrictions:

No building, structure, improvement, or any part thereof, erected, constructed or maintained as part of a mixed use development in the M-PD-5 zone shall exceed forty seven feet (47') in height nor shall it exceed four (4) stories, measured as set forth in BHMC section 10-3-100, Height, (A) Non-Residential Zones. Elements of a building that shall not be considered when determining its height are also set forth in BHMC section 10-3-100, Height, (A) NonResidential Zones, and in section 10-3-1995.17 below: "Rooftop Pool and Recreational Facilities." (Ord. 20-O-2801, 2-18-2020)

A. Maximum Floor Area Ratio: Notwithstanding any other provision of this code, a mixed use development in the M-PD-5 zone, including all components, shall have a maximum aggregate floor area ratio determined by the planning commission as part of a planned development pursuant to article 18.4 of this chapter. In no event shall the floor area ratio of a mixed use development in the M-PD-5 zone exceed a maximum of 2.5:1. For the purposes of this article, floor area shall be calculated using the lot area of the subject site prior to any required dedications or exactions. B. Residential Density: The maximum number of residential units that may be included in a mixed use development in the M-PD-5 zone shall be determined by the planning commission as part of a planned development

pursuant to article 18.4 of this chapter.

C. Minimum Commercial Density: In any mixed use development in the M-PD-5 zone, the floor area on the ground floor facing South Santa Monica Boulevard must be allocated for commercial purposes for a minimum of the first thirty feet (30') and an average of at least forty feet (40') as measured from the front building facade. This provision shall not apply to portions of the building containing building operating systems, equipment, exiting stairs or corridors even if those areas serve the residential portions of the building. In no event shall the floor area ratio of the commercial uses in a mixed use development in the M-PD-5 zone be less than 0.33. For the purposes of this article, floor area shall be calculated using the lot area of the subject site prior to any required dedications or exactions. (Ord. 20-O-2801, 2-18-2020)

Notwithstanding any other provision of this code, parking for mixed use developments located in the M-PD-5 zone shall be provided in accordance with this section.

A. Except as provided otherwise in this article, parking for all uses in a mixed use development shall be provided in accordance with the applicable provisions of this chapter. Notwithstanding the foregoing, the planning commission may modify the parking requirements for a mixed use development, as part of a planned development, if it finds that such modifications would advance the objectives of the M-PD-5 zone as set forth in this article.

B. Notwithstanding any other provision in this chapter, up to five percent (5%) of the parking spaces provided in a mixed use development in the M-PD-5 zone may be compact spaces and up to thirty percent (30%) of the total number of parking spaces provided for the residential units in a project may be provided through the use of tandem parking spaces.

C. Tandem spaces permitted by this section may only be provided for residential units requiring two or more spaces, and each set of tandem spaces shall only be assigned to a single residential unit. The dimensions of each tandem space shall comply with the parking standards adopted by the city council and on file in the community development department-building and safety.

D. All parking spaces in a mixed use development in the M-PD-5 zone shall be provided below grade. This provision does not prohibit above-grade truck loading areas and residential drop off and valet areas. (Ord. 20-O-2801, 2-18-2020)

Mixed use developments in the M-PD-5 zone shall maintain the following minimum setbacks:

A. South Santa Monica Boulevard (Front) Setback: A minimum setback of three (3) feet shall be required from the property line along the South Santa Monica frontage of a mixed use development in the M-PD-5 zone.

B. Side Setback Adjoining Street: A minimum setback of three (3) feet shall be required for any side property line adjoining a public street, such as Charleville Boulevard.

C. Side Setback Adjoining Interior Lot Line: No minimum setback shall be required for any side property line adjoining another property.

D. Alley (Rear) Setback: A minimum setback of six (6) feet shall be required from the property line along the rear alley of a mixed use development in the M-PD-5 zone. (Ord. 20-O-2801, 2-18-2020)

No structure or element of a building may encroach into any required yard except for the following:

• A. A fence, gate, or wall where the height and location is approved as part of a planned development permit.

• B. Architectural projections, such as eaves, windows and door accents, but excluding balconies, projecting no more than twelve inches (12") into such yard.

• C. Subterranean basement garages located below a project's building height datum point.

• D. Garage exhaust vent stacks in side and rear yards.

• E. Driveways accessing underground parking structures and loading areas.

• F. Loading areas, but only within the rear setback.

• G. Open air dining, subject to the requirements of BHMC Chapter 3, Article 35 (Open Air Dining). (Ord. 20-O2801, 2-18-2020)

A mixed use development in the M-PD-5 zone shall be modulated as provided in the planned development permit. (Ord. 20-O-2801, 2-18-2020)

A. Loading facilities for mixed use developments in the M-PD-5 zone shall be as provided in the planned development.

B. Notwithstanding the foregoing, mixed use developments in the M-PD-5 zone shall provide not less than one 12foot in width by 35-foot in length truck loading space accessible from a rear alley. (Ord. 20-O-2801, 2-18-2020)

The residential component of all mixed use developments in the M-PD-5 zone shall provide outdoor living space in accordance with the requirements of section 10-3-2803 of this chapter, or as otherwise approved as part of a planned development. (Ord. 20-O-2801, 2-18-2020)

• The following design standards shall be incorporated into all mixed use developments in the M-PD-5 zone: A. Noise Attenuation:

1. All dwelling units shall be constructed with building materials with a minimum STC rating of thirty (30) in order to minimize interior noise levels.

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 CBC 1207 Sound Transmission, or its successor.

3. All dwelling units shall be equipped with internal air conditioning and state of the art air filtering devices. B. Odors: Air conditioning systems for the residential component shall be located and designed to minimize impacts from odors generated by the commercial component. (Ord. 20-O-2801, 2-18-2020)

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-5 zone to include rooftop pools and spas, pool rooms, fitness rooms, and related restroom facilities ("Rooftop Pool and Recreational Facilities") provided that:

A. The planning commission finds that the rooftop pool and recreational facilities will not adversely affect the privacy of neighboring properties or access of neighboring properties to light, nor will the subject structures significantly increase noise to adjacent properties.

B. The additional height of the rooftop pool and recreational facilities applicable to the mixed use development will not exceed ten feet (10') in height measured from the adjacent roof deck.

C. Any rooftop pool or recreational 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.

D. The rooftop pool and recreational facilities shall not include a commercial kitchen, restaurant or cafe.

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

F. No admittance or use fees shall be charged to use the rooftop pool and recreational facilities. Nothing in this provision shall prohibit the imposition or collection of homeowner association dues or fees on residents of a mixed use development which offset the costs of operating and maintaining such rooftop facilities. (Ord. 20-O-2801, 2-18-2020)

Unless otherwise provided in this article or approved as part of a planned development, all commercial uses in a mixed use development in the M-PD-5 zone shall comply with the General Operational Requirements set forth in Article 19.5, section 10-3-1956 of this chapter, and with sections 10-3-1957 (Transitional Use License) and 10-3-1958 (Extended Hours Permit). With respect to the setbacks, walls, and landscaping requirements of Article 19.5, the requirements shall be as approved as part of a planned development, but at a minimum must include a three foot (3') high solid masonry wall along the rear alley, with openings as approved as part of a planned development as necessary for loading dock access and other building requirements. (Ord. 20-O-2801, 2-18-2020)