Chapter 9.10 DOWNTOWN DISTRICTS

§ 9.10.001 Incorporation of Downtown Community Plan Standards and Regulations.

Development standards for the Downtown Community Plan area are as prescribed in Chapter 4 of the Downtown Community Plan adopted on July 25, 2017, which is hereby incorporated by reference. Where Zoning Ordinance provisions are not specifically addressed by Chapter 4 of the Downtown Community Plan, the Zoning Ordinance shall apply. Where there is conflict between compliance with Chapter 4 of the Downtown Community Plan and the Zoning Ordinance, Chapter 4 of the Downtown Community Plan shall control except where the conflicting Zoning Ordinance provision was adopted through voter initiative in which case the initiative shall control.

(Added by Ord. No. 2486CCS §§ 1, 2, adopted June 23, 2015; amended by Ord. No. 2551CCS § 3, adopted August 8, 2017; Ord. No. 2742CCS § 2, adopted April 11, 2023)

§ 9.10.040 Land Use Regulations.

Table 9.10.040 prescribes the land use regulations for Downtown Districts. The regulations for each district are established by letter designations below. These designations apply strictly to the permissibility of land uses; applications for buildings or structures may require discretionary review.

"P" designates permitted uses. Uses not listed in Table 9.10.040 may be permitted upon a determination by the Director, or designee, that the use is similar to, and not more intrusive or disruptive than, uses permitted in the District. Factors to be considered in making this determination shall include, but are not limited to, maximum parking requirements, operational characteristics, and prior determinations on similar uses.

"L(#)" designates limited uses, which are permitted by right, provided they comply with specific limitations listed at the end of the table.

"MUP" designates use classifications that are permitted after review and approval of a Minor Use Permit.

"CUP" designates use classifications that are permitted after review and approval of a Conditional Use Permit.

"_____" designates uses that are not permitted.

Land uses are defined in Chapter 9.51 ("Use Classifications") of Article 9 of the Santa Monica Municipal Code ("Zoning Ordinance"). Use classifications and sub-classifications not listed in the table are prohibited. Accessory uses are permissible when they are determined by the Zoning Administrator to be necessary and customarily associated with and appropriate, incidental, and subordinate to, the principal uses and which are consistent and not more disturbing or disruptive than permitted uses. The table also notes additional use regulations that apply to various uses. Section numbers in the right-hand column refer to other Sections of this Article.

TABLE 9.10.040 LAND USE REGULATIONS—DOWNTOWN DISTRICTS
Use Classification	LT	NV	BC (Third Street Promenade Area)	BC (Excluding Third Street Promenade Area)	TA	OT	WT	Additional Regulations
Residential Uses
Residential Dwelling Types
Accessory Dwelling Unit	P	P	P	P	P	P	P	Section 9.31.025 Accessory Dwelling Units and Junior Accessory Dwelling Units
Junior Accessory Dwelling Unit	P	P	P	P	P	P	P	Section 9.31.025 Accessory Dwelling Units and Junior Accessory Dwelling Units
Multiple-Unit Dwelling	P	P	L(1)	L(1)	P	P	P	Section 9.31.195, Multiple-Unit Dwelling Projects
Senior Citizen Multiple-Unit Dwelling	P	P	L(1)	L(1)	P	P	P	Section 9.31.195, Multiple-Unit Dwelling Projects
Housing Types for Specific Needs
Congregate Housing	P	MUP, L(3)	MUP, L(1)	MUP, L(1)	MUP	MUP	MUP	Section 9.31.110, Congregate Housing
Elderly and Long-Term Care	P	L(3)	L(1)	L(1)	L(1)	L(1)	L(1)
Emergency Shelters	L(6)/CUP	L(6)/CUP	CUP/L(1)	L(1), L(6)/CUP	L(6)/CUP	L(6)/CUP	L(6)/CUP	Section 9.31.130, Emergency Shelters
Family Day Care	See sub-classifications below
Large	L(1)	L(3)	L(1)	L(1)	L(1)	L(1)	L(1)	Section 9.31.135, Family Day Care, Large
Small	L(1)	L(3)	L(1)	L(1)	L(1)	L(1)	L(1)
Group Residential	MUP	MUP, L(3)	MUP, L(1)	MUP, L(1)	MUP	MUP	MUP	Section 9.31.155, Group Residential
Senior Group Residential	P	L(3)	P	P	P	P	P	Section 9.31.155, Group Residential
Low Barrier Navigation Centers	P	P	P	P	P	P	P	Section 9.31.175, Low Barrier Navigation Centers
Residential Facilities	See sub-classifications below.
Residential Care, General	P	L(3)	L(1)	L(1)	P	L(1)	L(1)	Section 9.31.270, Residential Care Facilities Section 9.31.270, Residential Care Facilities
Residential Care, Limited	P	P	L(1)	L(1)	P	P	P
Residential Care, Senior	P	L(9)	L(1)	L(1)	P	L(9)	L(9)
Hospice, General	P	L(3)	L(1)	L(1)	P	L(1)	L(1)
Hospice, Limited	P	P	L(1)	L(1)	P	P	P
Single Room Occupancy Housing	L(1)	L(3)	L(1)	L(1)	L(1)	L(1)	L(1)	Section 9.31.330, Single Room Occupancy Structures
Supportive Housing	P	P	L(1)	L(1)	P	P	P
Transitional Housing	P	P	L(1)	L(1)	P	P	P
Public and Semi-Public Uses
Adult Day Care	L(1)	L(3)	L(1)	L(1)	L(1)	L(1)	L(1)
Child Care and Early Education Facilities	P	P	P	P	P	P	P	Section 9.31.120, Child Care and Early Education Facilities
Colleges and Trade Schools, Public or Private	CUP	L(1)	L(1)	L69(1)	L(1)	L(1)	L(1)
Community Assembly	L(7)/MUP	P	L(25)	P	P	P	L(7)/MUP	Section 9.31.100, Community Assembly except that Community Assembly uses located within BC (Third Street Promenade Area) and BC (Excluding Third Street Promenade Area) shall be exempt
Community Gardens	P	P	—	P	P	P	P
Cultural Facilities	P	P	P	P	P	P	P	Section 9.31.040, Alcoholic Beverage Sales
Hospitals and Clinics	P	P	L(1)	L(1)	P	—	P
Community Clinic	L(29)	L(29)	L(29)	L(29)	L(29)	L(29)	L(29)
Park and Recreation Facilities, Public	P	P	P	P	P	P	P
Public Safety Facilities	P	P	P	P	P	P	P
Schools, Public or Private	CUP	L(3)	L(1)	P	P	—	CUP
Social Service Centers	P	P	—	P	P	P	P	Section 9.31.350, Social Service Centers
Commercial Uses
Animal Care, Sales, and Services	See sub-classifications below.
Grooming and Pet Stores	P	P	P	P	P	P	P	No more than 10 dogs or cats can be kept overnight
Pet Day Care Services	MUP	MUP	—	MUP	MUP	MUP	MUP
Veterinary Services	MUP	MUP	—	MUP	MUP	—	MUP
Automobile/ Vehicle Sales and Service	See sub-classifications below.
Alternative Fules and Recharging Facilities	CUP/L(19)	CUP/L(19)	—	—	CUP/L(19)	—	—
Automobile Rental	L(10)	L(10)	L(10)	L(10)	L(10)	L(10)	L(10)	Section 9.31.050, Automobile Rental
Automobile Storage Use	—	—	—	—	—	—	—	Section 9.31.070 Automobile/Vehicle Sales, Leasing, and Storage
New Automobile/Vehicle Sales and Leasing	L(8), L(5)/CUP	L(8), L(5)/CUP	L(8), L(5)/CUP	L(8), L(5)/CUP	L(8), L(5)/CUP	—	—
Additions 7,500 sq ft or less to Automobile/Vehicle Sales and Leasing buildings existing as of 7/06/2010	L(20)/MUP	—	—	—	—	—	—
Additions larger than 7,500 sq ft to Automobile/Vehicle Sales and Leasing buildings existing as of 7/06/2010	L(20)/CUP	—	—	—	—	—	—	Section 9.31.060, Automobile/Vehicle Repair, Major and Minor Section 9.31.080, Automobile/Vehicle Washing
Automobile/Vehicle Repair, Major	L(19)	—	—	—	—	—	—
Automobile/Vehicle Service and Repair, Minor	L(19)	—	—	—	—	—	—
Automobile/Vehicle Washing	L(19)	—	—	—	—	—	—
Service Station	L(19)	L(19)	—	—	L(19)	—	—	Section 9.31.320, Service Stations
Towing and Impound	—	—	—	—	—	—	—
Banks and Financial Institutions	See sub-classifications below.
Banks and Credit Unions	P	P	P	P	P	P	P
Check Cashing Businesses	—	—	—	—	—	—	—
Business Services	L(5)/CUP	L(5)/CUP	L(15)	L(5)/CUP	L(5)/CUP	L(5)/CUP	L(5)/CUP
Commercial Entertainment and Recreation	See sub-classifications below.
Cinemas & Theaters, up to 99 seats	—	CUP	L(24)	P	P	—	—
Cinemas & Theaters, more than 99 seats	—	—	L(24)	P	CUP	—	—
Convention and Conference Centers	CUP	CUP	P	P	CUP	CUP	CUP
Large-Scale Facility	CUP	CUP	L(25)	P	CUP	CUP	—	Section 9.31.040, Alcoholic Beverage Sales
Small-Scale Facility	P	P	L(25)	P	P	P	P	Section 9.31.040, Alcoholic Beverage Sales
Fortunetelling	P	P	P	P	P	P	P
Drinking Establishments	See sub-classifications below.
Bars	L(26)/MUP	L(26)/MUP	L(26)/MUP	L(26)/MUP	L(26)/MUP	L(26)/MUP	MUP	Section 9.31.040, Alcoholic Beverage Sales
Taprooms	L(26)/MUP	L(26)/MUP	L(26)/MUP	L(26)/MUP	L(26)/MUP	L(26)/MUP	MUP	Section 9.31.040, Alcoholic Beverage Sales
Eating Establishments	See sub-classifications below.
Brewpub	—	L(26)/MUP	L(26)/MUP	L(26)/MUP	L(26)/MUP	L(26)/MUP	—	Section 9.31.040, Alcoholic Beverage Sales, Section 9.31.290, Restaurants With Entertainment, Section 9.31.200, Outdoor Dining and Seating on Sidewalks
Restaurants, Full-Service, Limited Service & Take-Out (Up to 5,000 sq ft, including Outdoor Dining and Seating)	P	P	P	P	P	P	P	Section 9.31.040, Alcoholic Beverage Sales Section 9.31.280, Restaurants, Limited Service and Take-Out Only Section 9.31.290, Restaurants With Entertainment Section 9.31.200
Restaurants, Full-Service, Limited Service & Take-Out (greater than 5,000 sq ft, including Outdoor Dining and Seating)	L(28)/MUP	P	P	P	P	P	L(27)/MUP	Outdoor Dining and Seating on Sidewalks
Food Hall	L(28)/MUP	P	P	P	P	P	L(27)/MUP	Section 9.31.040, Alcoholic Beverage Sales
Equipment Rental	—	—	—	—	L(5)/CUP	—	—
Food and Beverage Sales	See sub-classifications below.
Convenience Market	CUP	L(5)/MUP	P	P	L(5)/MUP	L(5)/MUP	—	Section 9.31.040, Alcoholic Beverage Sales
Farmer's Market	CUP	P	P	P	P	P	P
General Market	L(30), L(12)/MUP	L(30), L(12)/MUP	L(30)	L(30)	L(30), L(12)/MUP	L(30), L(12)/MUP	L(30), L(12)/MUP	Section 9.31.040 Alcoholic Beverage Sales
Liquor Stores	CUP	CUP	CUP	CUP	CUP	CUP	—
Funeral Parlors and Mortuaries	CUP	—	—	—	—	—	—
Instructional Services	P	P	P	P	P	P	P	Section 9.31.040 Alcoholic Beverage Sales
Live-Work	L(13)	L(13)	L(1)(13)	L(13)	L(13)	L(1)(13)	L(13)	Section 9.31.170, Live-Work Units
Lodging	See sub-classifications below.
Bed and Breakfast	MUP	MUP	MUP	MUP	MUP	MUP	MUP	Section 9.31.090, Bed and Breakfasts
Hotels and Motels	CUP	CUP	CUP	CUP	CUP	CUP	CUP, L(19)
Maintenance and Repair Services	L(5)/CUP	—	—	—	—	—	—
Night Clubs	CUP	CUP	L(26)/MUP	L(26)/MUP	CUP	CUP	—	Section 9.31.040 Alcoholic Beverage Sales
Nurseries and Garden Centers	L(5)/CUP	L(5)/CUP	—	L(5)/CUP	L(5)/CUP	—	L(5)/CUP	Section 9.31.220, Outdoor Retail Display and Sales
Offices	See sub-classifications below.
Business and Professional	P	P	L(1)	L(1)	P	L(1)	P
Creative	P	P	L(1)	L(1)	P	L(1)	P
Medical and Dental	P	P	P	P	P	L(1)	P
Walk-In Clientele	P	P	L(1)	L(1)	P	L(5)/MUP	P
Outdoor Newsstands	MUP	MUP	P	P	MUP	MUP	MUP	Section 9.31.210, Outdoor Newsstands
Parking, Public or Private	CUP	CUP	—	CUP	CUP, L(11)	—	CUP
Personal Services	See sub-classifications below.
General Personal Services	P	P	P	P	P	—	P	Section 9.31.040 Alcoholic Beverage Sales Section 9.31.230, Personal Service
Physical Training	L(17)	L(17)	L(17)	L(17)	L(17)	L(17)	L(17)
Tattoo or Body Modification Parlor	P	P	P	P	P	P	P	Section 9.31.230, Personal Service
Retail Sales	See sub-classifications below.
Building Materials Sales and Services	P	—	—	—	—	—	—
Cannabis Retailers	P	P	P	P	P	P	P	Section 9.31.095, Cannabis Retailers
General Retail Sales, Small-Scale	P	P	P	P	P	P	P	Section 9.31.040
General Retail Sales, Medium-Scale	MUP	L(30)	L(30)	L(30)	L(30)	—	MUP	Alcoholic Beverage Sales Section 9.31.220, Outdoor Retail Display and Sales
General Retail Sales, Large-Scale	—	—	—	—	—	—	—
Pawn Shops	—	—	—	—	—	—	—
Swap Meets	—	—	—	—	—	—	—
Industrial Uses
Alcoholic Beverage Manufacturing	—	—	L(30)	L(30)	—	—	—	Section 9.31.040, Alcoholic Beverage Sales
Artist's Studio	P	P	L(2)	L(2)	P	P	P
Commercial Kitchens	—	—		—	CUP	—	—
Industry, Limited	—	—	L(2), L(23)	—	—	—	—
Media Production	See sub-classifications below.
Support Facilities	L(14)/CUP	L(3), L(5)/MUP	L(1)	L(1)	L(3), L(5)/MUP	L(1)	L(1)
Transportation, Communication, and Utilities Uses
Bus/Rail Passenger Stations	P	P	P	P	P	—	P
City Bike Share Facility	P	P	P	P	P	P	P
Communication Facilities	See sub-classifications below.
Antennas and Transmission Towers	—	—	—	—	—	—	—
Equipment within Buildings	—	—	—	—	—	—	—
Light Fleet-Based Services	—	—	—	—	MUP	—	—
Utilities, Major	L(18)	—	—	—	—	—	—
Utilities, Minor	P	P	P	P	P	P	P

Specific Limitations:
(1)	Limited to upper floors, and on the ground floor where the entire tenant space shall be located at least 25 feet from the front property line, except for residential units shall be limited to upper floors only.
(2)	A minimum depth of 25 feet from the front parcel line adjacent to a street for the entire ground-floor street frontage shall be designed to accommodate interactive uses. For purposes of this limitation, interactive uses shall be commercial uses with an interactive element, including, but not limited to, retail sales, exhibitions, displays, demonstrations, or instruction.
(3)	Between 4th and 7th Court, permitted in mid-block parcels on the ground floor and upper floors. On all other parcels, permitted anywhere on the ground floor if the space has street frontage and was occupied by office on, or is vacant but was occupied by office in the 12 months preceding, the date the ordinance codified herein is effective; otherwise, permitted on upper floors and on the ground floor where the entire tenant space including the primary entry is located at least 50 feet from the front property line.
(4)	Reserved.
(5)	Permitted if within buildings existing as of February 24, 2026. Permitted in new buildings, except: No individual ground floor tenant space shall occupy more than 7,500 square feet of floor area without approval of a MUP or CUP.
(6)	Limited to shelters containing less than 55 beds; Conditional Use Permit required for emergency shelters with 55 or more beds.
(7)	Any community assembly facility 7,500 square feet or greater and abutting a residential district shall require approval of a Minor Use Permit.
(8)	Limited to automobile/vehicle dealer showrooms only which must display one alternative fuel automobile/vehicle if such an automobile/vehicle is available in the dealer's fleet, and limited to 6 showrooms in the Third Street Promenade Area.
(9)	Facilities for six or fewer residents are permitted by right. Facilities for more than 6 residents shall be subject to L(1) if located in the OT and WT zoning districts and L(3) if located in the NV zoning district.
(10)	Permitted as an ancillary use to support a primary use.
(11)	Limited to public parking facilities only.
(12)	A Minor Use Permit is required for new construction or additions to existing structures that result in general markets 30,000 square feet and greater.
(13)	If the commercial use requires a MUP or CUP, an application shall be required in accordance with SMMC, Chapter 9.41. Even if the commercial use would otherwise be permitted, no such use shall be approved where, given the design or proposed design of the live-work unit, there would be the potential for adverse health impacts from the proposed use on the people residing in the unit. An example of a potential health impact is the potential for food contamination from users that generate airborne particulates in a unit with an unenclosed kitchen.
(14)	All new construction requires approval of a Conditional Use Permit or permitted if within buildings existing as of the date the ordinance codified in this Chapter is effective, except:
(a)	New additions of 50% or more additional square footage to an existing building at any one time, or incrementally, after the effective date of the ordinance codified in this Chapter, requires approval of a Conditional Use Permit.
(b)	No ground floor, street-fronting, non-office or non-media production support facility use, non-medical or non-dental office use tenant space shall be changed into an individual office use or a media production support facility use, or individual medical or dental office use occupying more than 7,500 square feet of floor area without the approval of a Minor Use Permit.
(15)	Limited to the ground floor with frontage along 2nd Court and 3rd Court alleys or to upper floors.
(16)	Limited to public parking facilities only.
(17)	Youth-serving personal services, physical training requires review and approval of passenger loading and drop-off plan by the Director.
(18)	Limited to electric distribution substations.
(19)	Limited to legally established existing uses as of the date this Specific Plan is effective.
(20)	Auto dealerships existing as of July 6, 2010 are considered permitted uses. Expansions to existing dealerships conforming to the urban auto dealership format standards in Section 9.31.070, Automobile/Vehicle Sales, Leasing and Storage are permitted. Expansions to existing dealerships of 7,500 square feet or less that do not conform to the urban auto dealership format standards shall require an MUP. Expansions to existing dealerships larger than 7,500 square feet that do not conform to the urban auto dealership formal standards shall require a CUP.
(21)	Reserved.
(22)	Reserved.
(23)	Excludes commercial laundries and dry cleaning plants, monument works, medicinal cannabis, and medicinal cannabis products.
(24)	Permitted use. Additionally, outdoor cinemas/theaters are permitted, limited only to City-owned property or the rooftops on City-owned parking structures.
(25)	Permitted use. Additionally, any outdoor use shall be limited only to City-owned property or the rooftops on City-owned parking structures.
(26)	Permitted by-right with approval of an alcohol exemption permit in compliance with Section 9.31.040. Otherwise, an MUP is required.
(27)	Eating Establishments up to 7,500 square feet and located at least 75 feet away from a residential use in a residential district are permitted. All other restaurants shall require approval of a Minor Use Permit.
(28)	Permitted if located on the west side of Lincoln Boulevard. Restaurants located on the east side of Lincoln Boulevard shall require approval of a Minor Use Permit.
(29)	Permitted if all objective planning standards set forth in Government Code Section 65914.900 are met.
(30)	Permitted upon approval of a Parking and Loading Operations Plan (PLOP) by the Mobility Division.

(Added by Ord. No. 2551CCS § 3, adopted August 8, 2017; amended by Ord. No. 2606CCS § 4, adopted April 9, 2019; Ord. No. 2649CCS § 13, adopted September 8, 2020; Ord. No. 2661CCS § 2, adopted January 26, 2021; Ord. 2687CCS § 2, adopted January 11, 2022; Ord. No. 2726CCS § 4, adopted October 25, 2022; Ord. No. 2742CCS § 2, adopted April 11, 2023; Ord. No. 2754CCS, adopted August 22, 2023; Ord. No. 2761CCS, adopted October 10, 2023; Ord. No. 2764CCS, adopted November 14, 2023; Ord. No. 2792CCS, October 8, 2024; Ord. No. 2814CCS, May 27, 2025; Ord. No. 2826CCS, adopted September 9, 2025; Ord. No. 2829CCS, September 30, 2025; Ord. No. 2850CCS, March 10, 2026)

§ 9.10.050 Outdoor Rooftop Commercial Uses on City-Owned Parking Structures.

Any proposed conversion of parking area to accommodate an outdoor rooftop commercial use on the top-level of an existing City-owned parking structure within the Third Street Promenade Area shall be subject to the following:

Excluded as Floor Area and From Floor Area Ratio. Any unenclosed rooftop parking areas on City-owned parking structures that are converted to and utilized as outdoor rooftop commercial space as permitted in the District, including any new enclosed structures supportive of such permitted uses erected within the converted parking area including, but not limited to, temporary or permanent restroom facilities, concession stands, and storage structures, shall be excluded from floor area and floor area ratio requirements.

Allowable Height Projections. Maximum height projections as measured from the finished parking surface level, including any deck-leveling surfaces as required, shall be allowed as set forth in Section 9.21.060.A.

Applicability Certain Land Use and Zoning Related Provisions. Notwithstanding anything to the contrary in Chapters 9.65, Child Care Linkage Program, 9.66, Transportation Impact Fee Program, 9.67, Parks and Recreation Development Impact Fee Program, and 9.68, Affordable Housing Commercial Linkage Fee Program, for purposes of determining applicability, conversion of rooftop parking area on City-owned parking structures to outdoor rooftop commercial use shall not be considered a "project" and shall not be subject to associated impact fees.

(Added by Ord. No. 2754CCS, adopted August 22, 2023; amended by Ord. No. 2761CCS, adopted October 10, 2023; Ord. No. 2850CCS, March 10, 2026)

§ 9.10.070 Project Requirements for Tier 2 and Tier 3 Projects.

Purpose. The purpose of this Section is to implement LUCE policies which require that as development is approved above the base FAR and height, it must be accompanied by a range of community benefits from 4 priority categories: Affordable Housing, Trip Reduction and Traffic Management, Community Physical Improvements, and Social and Cultural Facilities. In addition to promoting the development of additional affordable housing and to maintaining existing City programs that provide incentives for the production of affordable housing, these requirements are intended to reduce the additional burdens more intense development allowed by the General Plan will impose on the City by requiring applicants to pay additional fees to mitigate project impacts or, in specific instances, allowing applicants to incorporate features into their projects.

Applicability.

The requirements of this Chapter apply to all projects involving new development and additions that are not housing projects, as defined by Section 9.52.020.1125, and for which applicants propose to exceed the Tier 1 maximum allowable base floor area or height.

Pursuant to Section 9.10.030(D), Development Agreements and Planning Applications submitted on or before November 11, 2016, shall have a vested right to proceed without complying with the Downtown Community Plan except that they shall be subject to the following affordable requirements:

20% on-site affordable housing; or

25% off-site affordable housing.

Qualifying Benefits for Tier 2 and Tier 3 Projects with Residential Uses. An applicant seeking approval for a project that is not a housing project, as defined by Section 9.52.020.1125, but proposes residential uses shall comply with the following requirements.

Housing. All Tier 2 and Tier 3 projects that propose to include dwelling units must meet the following requirements:

Affordable Housing. Subject to the modifications contained in this Section 9.10.070, all of the affordable units shall comply with the provisions of Chapter 9.64, Affordable Housing Production Program. Applicants proposing residential and mixed-use residential projects shall incorporate on-site or off-site affordable housing units as set forth in Table 9.10.070.A.

TABLE 9.10.070.A: ON-SITE AND OFF-SITE AFFORDABLE HOUSING REQUIREMENTS
Tier	On-Site Affordable Housing %	Off-Site Affordable Housing %
Tier 2	20%	25%
Tier 3	25%	30%

Affordable housing units may be provided off site pursuant to Section 9.64.060, except that the total number of affordable housing units shall be increased to the percentage of the total number of units in the project as set forth in Table 9.10.070.A. The off-site affordable housing units shall meet the following conditions:

(1)

The affordable housing units are owned in whole or part and operated by a nonprofit housing provider for the life of the project;

(2)

The Final Construction Permit Sign Off or Certificate of Occupancy for the affordable units is issued prior to or concurrently with the project containing the market-rate units; and

(3)

The off-site units may be located anywhere in the City except for within the area defined in Figure 9.64.060.A, Off-Site Affordable Housing Prohibition Area, in Section 9.64.060, Off-Site Option.

ii.

The total number of affordable housing units shall incorporate the affordability mix specified in Table 9.10.070.B. Any fractional affordable housing units that result from the percentage mix of total affordable housing units shall be aggregated into whole affordable housing units (i.e., any resulting fraction shall be added to other resulting fractions). The resulting whole units may be provided at 50%, 80%, or moderate-income household affordability levels.

TABLE 9.10.070.B AFFORDABILITY
Affordability Level	Affordability Mix for Affordable Housing Units in Tier 2 Projects	Affordability Mix for Affordable Housing Units in Tier 3 Projects
50% Income Household	10%	10%
80% Income Household	5%	10%
Moderate Income	5%	5%

iii.

An affordable housing unit shall have a minimum total floor area of no less than the average floor area of comparable market rate units in the project.

Unit Mix. Applicants proposing Tier 2 and Tier 3 projects with dwelling units shall incorporate the following:

For market rate units:

(1)

At least 10% of the units shall be three-bedroom units;

(2)

At least 15% of the units shall be two-bedroom units; and

(3)

No more than 15% of the units shall be studio units.

ii.

For affordable housing units:

(1)

The unit mix percentage for affordable two- and three-bedroom housing units shall be equal to or greater than the unit mix percentage required for the corresponding market rate units pursuant to subsection (C)(1)(b)(i) of this Section;

(2)

The unit mix percentage for studio affordable housing units shall not exceed 15% of the total number of affordable units; and

(3)

Affordable housing units shall be no smaller than the average size of comparable market rate units in the project.

iii.

The Director may grant a waiver from this unit mix requirement pursuant to the requirements and procedures for Waivers in SMMC Chapter 9.43.

Transportation Impact Fee. All Tier 2 and Tier 3 projects shall pay an additional transportation impact fee (TIF) of 90% of the maximum allowable fee established in the Transportation Impact Fee nexus study, for that portion of the floor area above the maximum Tier 1 floor area allowed by the Downtown Community Plan.

Open Space. All Tier 2 and Tier 3 projects shall pay an additional parks and recreation development impact fee of 90% of the maximum allowable fee established in the Parks and Recreation Fee nexus study for that portion of the floor area above the maximum Tier 1 floor area allowed by the Downtown Community Plan.

Affordable Housing Commercial Linkage Fee. All Tier 2 and Tier 3 commercial portions of mixed-use projects shall pay a housing mitigation fee 23% above the base fee as required by Chapter 9.68, Affordable Housing Commercial Linkage Fee Program, for that portion of the floor area above the maximum Tier 1 floor area allowed by the Downtown Community Plan.

Transportation Demand Management. All Tier 2 and Tier 3 projects shall include the following Transportation Demand Management measures in addition to those required by Chapter 9.53, Transportation Demand Management:

For nonresidential components of projects, provide the following:

Bike valet, free of charge, during all automobile valet operating hours.

For residential components of projects, provide the following:

Free on-site shared bicycles intended for resident and guest use. This shall be optional if Citywide bikeshare is available within a 2-block radius of the project site.

All Other Tier 2 and Tier 3 Projects Qualifying Benefits. An applicant seeking approval for Tier 2 and Tier 3 projects up to 30,000 square feet that are not housing projects, as defined by Section 9.52.020.1125, and do not propose any residential uses, that exceed the base floor area or height allowed in the district where the project is located shall provide community benefits in each of the following categories.

Impact Fees.

Affordable Housing Commercial Linkage Fee. Tier 2 and Tier 3 up to 30,000 square feet – Projects shall pay a housing mitigation fee 23% above the base fee as required by Chapter 9.68, Affordable Housing Commercial Linkage Fee Program, for that portion of the floor area above the maximum Tier 1 floor area allowed by the Downtown Community Plan.

Transportation Impact Fee. Tier 2 and Tier 3 up to 30,000 square feet – Projects shall pay an additional transportation impact fee (TIF) 23% above the base fee required by Chapter 9.66, Transportation Impact Fee Program, for that portion of the floor area above the maximum Tier 1 floor area allowed by the Downtown Community Plan.

Open Space. Tier 2 and Tier 3 up to 30,000 square feet. Projects shall pay an additional parks and recreation development impact fee 23% above the base fee required by Chapter 9.67, Parks and Recreation Fee Program, for that portion of the floor area above the maximum Tier 1 floor area allowed by the Downtown Community Plan.

(Added by Ord. No. 2551CCS § 3, adopted August 8, 2017; amended by Ord. No. 2606CCS § 5, adopted April 9, 2019; Ord. No. 2648CCS § 2, adopted September 8, 2020; Ord. No. 2742CCS § 2, adopted April 11, 2023)