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CC - CONSENT ITEM: Adoption of an Ordinance Approving Zoning Code Amendment (P2024-0186-ZCA) and Zoning Code Map Amendment (P2024-0186-ZCMA), together known as the Zoning Code Update.
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Meeting Date: September 9, 2024
Contact Person/Dept.: Troy Evangelho, Advance Planning Manager
Lauren Wrenn, Associate Planner
Phone Number: (310) 253-5744 / (310) 253-5766
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Attachments: Yes [X] No []
Public Notification: Meetings and Agendas - City Council (09/03/2024).
(Mailed) Property owners and occupants citywide plus 300’ radius (07/24/2024); (Published) in Culver City News (07/25/2024).
Department Approval Name, Title Date: Mark Muenzer, Planning and Development Director (8/29/2024) _____________________________________________________________________
RECOMMENDATION
Staff recommends the City Council adopt an Ordinance approving Zoning Code Amendment (P2024-0186-ZCA) and Zoning Code Map Amendment (P2024-0186-ZCMA), together known as the Zoning Code Update, to implement General Plan 2045.
BACKGROUND
Project Information
The Zoning Code Update was initiated in Summer 2023 with the purpose of updating the Zoning Code and Zoning Map to implement the proposed land uses, policies, and programs in the General Plan 2045 and 2021-2029 Housing Element. The process began with a series of stakeholder interviews with frequent users of the code, such as design professionals and developers, to determine issues and barriers to development as well as opportunities for improvement. The staff and consultant team then completed an audit of all policies and programs proposed by the Draft General Plan 2045 and the previously adopted 2021-2029 Housing Element. The existing land use and zoning maps and the proposed General Plan 2045 land use map were analyzed and minor updates to the proposed land use map were made to ensure consistency between the Plan and Code.
The outreach and audit process informed the production of the Draft Zoning Code Framework, which included new proposed zoning districts and development standards, the list of uses to be permitted in each district, and the zoning map. The Draft Framework was released for public review in February 2024 and presented to the Planning Commission and City Council for feedback.
Using the feedback received from the public, the Planning Commission, and the City Council, the Zoning Code and Zoning Map were updated to implement the General Plan 2045 Land Use Element and 2021-2029 Housing Element. The Draft Zoning Code and Zoning Map were released for public review on July 17, 2024.
Throughout the Draft Zoning Code, chapter titles, section titles, and zone names were updated to refer to Mixed Use zones rather than standalone Commercial or Industrial zones, which were removed. Maps, diagrams, tables, and figure numbers were updated where necessary for image clarity or consistency with Code text. Per State law, subjective standards were removed or modified to become objective.
Changes specific to each article of the Draft Zoning Code include:
1. Article 1: Zoning Code Applicability
• City governmental facilities will be exempted from the entitlement process.
2. Article 2: Zoning Districts, Allowable Land Uses, and Zone-Specific Standards
• Table 2-1, Zoning Districts, was updated with the names of each proposed new zone and their corresponding General Plan land use classification. Industrial-only zones were removed, making residential uses more compatible.
• New allowed use tables were inserted in chapters for each zone group. Due to the removal of Industrial-only zones and the introduction of residential uses, heavy manufacturing uses will become nonconforming. The new Mixed Use Industrial zone allows lighter industrial uses that have minimal impact on residential uses.
• New development standards tables and associated illustrative diagrams were inserted.
o Residential densities in Mixed Use Zones range from 35 dwelling units per acre (du/ac) to 100 du/ac.
o For Mixed Use Zones, Floor Area Ratios (FARs) ranging from 2.0 to 4.0 for commercial components were introduced to regulate building mass.
o Height limits were raised to 56 feet in some Mixed Use Zones where they were previously lower, including the Mixed Use Industrial zone.
3. Article 3: Site Planning and General Development Standards
• Table 3-1, Allowed Projections into Setbacks, was replaced with updated standards.
• A clearer method of measuring height was established.
4. Article 4: Standards for Specific Land Uses
• Mixed Use Development Standards, Section 17.400.065, were partially relocated to Article 2, Section 17.220.025, Performance Standards for Mixed Use Zones, while provisions for Community Benefit Density Bonus calculations were relocated to Article 5, Section 17.580.035, Community Benefits. Minimum unit sizes were removed, as well as the Micro- Unit Density Bonus.
• Standards for uses that are no longer permitted and are not present in the City, such as heavier recycling processing facilities, were removed.
• Section 17.400.120, Vehicle Fueling Stations, was renamed Vehicle Fueling and Electric Vehicle (EV) Charging Stations and updated to include standards for EV charging facilities.
5. Article 5: Land Use and Development Permit Procedures
• Application review procedures were updated to include references to State law for cases where State law may supersede.
• Thresholds and procedures for Administrative Site Plan Review (ASPR) and Site Plan Review (SPR) processes were updated. Residential projects including between three and 25 dwelling units, non-residential projects between 5,000 and 15,000 gross square feet, and Mixed -Use projects meeting those thresholds will be subject to the ASPR process, with decisions made by the Planning & Development Director. Those decisions may still be appealed to the Planning Commission, and if needed, to the City Council. Projects exceeding those thresholds will be subject to the SPR process, with decisions made by the Planning Commission and appealable to City Council.
• Specific findings for approval of Housing Development Projects were added.
• Chapter 17.570, Specific Plans, was updated.
6. Article 6: Zoning Code Administration
• The Council policy on pre-application Community Meetings was added to the code and clarified.
• Thresholds for ministerial, administrative, and director-level project approvals were updated.
7. Article 7: Definitions
• Various definitions were added or updated to comply with state legislation, such as Cottage Food Operations. Others were updated for clarity.
Reduced R-1 Zone FAR
The proposed Zoning Code Update development standards include a reduced Floor Area Ratio (FAR), from 0.60 FAR to 0.45 FAR, in R1 zones in order to reduce the allowable building mass of new single-family homes. This reduction of residential FAR is accounted for by the increased residential densities proposed for other areas of the city.
The existing zoning map includes 786 acres, or 34,252,491 square feet, of land zoned R1. At 0.60 FAR, this allows a maximum of 20,551,495 square feet of single-family residential development across the City. The proposed map rezones approximately 50 acres to Open Space to reflect existing use along Ballona Creek and in the Inglewood Oil Field, leaving a total of 736 acres, or 32,068,654 square feet zoned R1. At 0.45 FAR, this allows a maximum of 14,430,894 square feet of single-family residential development, removing approximately 6,120,600 square feet of single-family development potential across the City.
This deficit is offset with the rezoning of 685 acres of the City to various Mixed Use (MU) zones, ranging in density from 35 dwelling units per acre (du/ac) to 100 du/ac, reflecting the proposed General Plan map, in areas where only commercial or industrial uses were previously allowed by right. The City anticipates that this change would generate 12,700 new dwelling units by the General Plan horizon year of 2045. Assuming an average unit size of 1,050 square feet, the MU zones represent an additional 13,335,000 square feet of residential development potential.
Planning Commission Public Hearing and Recommendation
On August 14, 2024, the Planning Commission adopted Resolution Nos. 2024-P009, 2024-P010 and 2024-P011, recommending to the City Council certification of the Program EIR; approval of a General Plan Amendment known as General Plan 2045; and approval of the Zoning Code Amendment and Zoning Code Map Amendment, together known as Zoning Code Update.
The Planning Commission also recommended three amendments to the project and considered two other amendments which did not pass. Details of the amendments can be found in the August 26, 2024 City Council staff report.
City Council First Reading Public Hearing
On August 26, 2024, the City Council held a public hearing to review and introduce the proposed Ordinance for Zoning Code Amendment and Zoning Code Map Amendment (P2024-0186-ZCA, -ZCMA), together known as the Zoning Code Update to Implement General Plan 2045, to adopt a Resolution to approve General Plan Amendment (P2022-0053-GP), known as the General Plan 2045, and to certify the Environmental Impact Report (EIR) for the proposed project. The City Council was provided with the Planning Commission resolutions, the proposed General Plan 2045, the proposed Zoning Code and Zoning Code Map, the Environmental Impact Report, a fiscal impact analysis, and a memo analyzing the project’s consistency with the 2021-2029 Housing Element.
During their deliberation, the City Council made the following amendments:
• To amend the proposed community meetings policy to require a minimum of 2 community meetings for both residential and commercial projects. This amendment was moved by Councilmember Eriksson, seconded by Councilmember Vera, and passed with a 4-0 vote, with one abstention by Mayor McMorrin.
• To add auto sales as an allowed use with a Conditional Use Permit (CUP) in the MU-MD and MU-I zones. This amendment was moved by Councilmember Eriksson, seconded by Councilmember Vera, and passed with a 4-0 vote, with one abstention by Mayor McMorrin.
• To change the zone for the south side of Culver Boulevard, between Elenda Street and existing motel property (Parcel 4215014010), from MU-N to the corresponding residential-only zone, RLD. This amendment was moved by Vice-Mayor O’Brien, seconded by Councilmember Eriksson, and passed with a 3-1 vote, with one no vote by Councilmember Puza, and one abstention by Mayor McMorrin.
Following deliberations and discussion, the City Council certified the EIR with a 5-0 vote, adopted the General Plan 2045 with a 4-0 vote, with one abstention by Mayor McMorrin, and introduced the Ordinance with the amendments discussed above with a 4-0 vote, with one abstention by Mayor McMorrin. The approved amendments have been made to the Zoning Code and Zoning Map, and the proposed Ordinance is now presented for adoption by the City Council.
ENVIRONMENTAL REVIEW
Pursuant to the California Environmental Quality Act (CEQA) guidelines, an Environmental Impact Report (EIR) was prepared for the project which includes a Mitigation Monitoring Program. Because there were impacts that could not be mitigated, a Statement of Overriding Considerations was also prepared. The EIR was certified, and the Statement of Overriding Considerations adopted by the City Council on August 26, 2024.
FISCAL ANALYSIS
There is no fiscal impact associated with the Zoning Code Update.
However, as previously mentioned in the August 26 staff report, a fiscal impact analysis was conducted by an outside consulting firm, at City Council direction, to model the effects of the General Plan 2045 on the City’s General Fund accounts. The analysis examines the fiscal implications of land use and development patterns that are anticipated by changes to the General Plan. The model is based on the City’s existing fiscal policy and rates using the achieved revenues and actual expenditures from the most recently completed and audited budget year (Fiscal Year 2022/2023). The model tests the net effect of the General Plan, given anticipated development volumes, on ongoing operations costs for the City. Capital costs, such as those covered by impact fees, are not considered, nor are impacts on non-city costs for other districts including schools.
Based on the assumed projections, the study concludes that 2045 net new expenditures could exceed net new revenues by 21.48% or $11,960,695 annually. (For more information, please review the full Fiscal Impact Analysis provided as Attachment 2.) It is important to note that the General Plan 2045 and the associated zoning code update provides for the expansion of mixed use across the city, which provides opportunities for both new housing and commercial land uses. Moving forward, consideration should be given to investigating additional revenue opportunities, and the implementation of the policies and programs from the Economic Development Element to ensure business retention, as well as opportunities to promote new business development.
ATTACHMENTS
1. Proposed Ordinance (including Exhibit A: Zoning Code and Exhibit B: Zoning Map)
2. General Plan Fiscal Impact Analysis
MOTION
That the City Council:
Adopt an Ordinance approving Zoning Code Amendment (P2024-0186-ZCA) and Zoning Code Map Amendment (P2024-0186-ZCMA), together known as the Zoning Code Update