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O1166 ." CA : S~B.Ae coun~~~ing 07/08/80 Santa Mon,ca, .fu&nia ORDINANCE NO. 11 fifi __ . (City Council Series) AN ORDINANCE OF THE SANTA MONICA CITY COUNCIL AMENDING CHAPTER 1 OF ARTICLE IX OF THE SANTA MONICA MUNICIPAL CODE RELATING TO CONSTRUCTION OF NEW ~ULTIPLE DWELLINGS. WHEREAS, the present requlrements relating to new multiple dwelllng construction are inadequate because of the increasingly severe shortage of rental housing in the City of Santa Monica, the trend toward condominium construction rather than new rental housing, the high cost of sUltable land, the increasing cost of construction, r~sing prlces and shortages of energy and natural resources, and the need to provide housing that is safe, secure, convenient, environmentally sound, energy efficient and compat- ible with adJacent properties and cOmMunity needs; and WHEREAS, the proposed amendments for new ~ultiple construc- tlon relating to requlred ?arking, landscaping, energy conser- vatlon, access, architectural treatment and aval1abillty of natural lights and ventllation would reflect changing condlt1ons or community needs; and WHEREAS, the proposed modlfications would respond to these needs by instituting changes in Code requirements relat2nq to requirements for construction of new multiple dwelllngs; and WHEREAS, the proposed amendments are in the public ~nterest, convenience, general welfare, ~n accordance wlth good zoning practice and whould be adopted~ and WHEREAS, public hearings were held before the Planning Co~ission on the proposed amendments on March 31, 1980 and April 7, 1980 and the Planning Commission considered and recommended the amendments to the C2ty Council; and ..... ~.;. -" -. -. -. WHEREAS, the C1ty Council, after a public hearing concurs wlth the recommendations of the Planning Commission THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN: SECTION 1. Sectlon 9108 of the Santa Monica Municlpal Code is amended to add Sectlon 9108B9 and 9108B10 to read as follows; 9. Unexcavated area. On any lot or-buil~ing site ~n this district having a width greater than 49 feet an un- excavated area not less than 4 feet in width equal to the depth of the lot or buildi~g site shall be provid~d and malntained in at least one side yard and, for lots or bUl1ding sltes In excess of 70 feet in wldth an un- excavated area shall be provided in both side yards. Notwlthstanding these requirements, variances may be considered to allow for passive or active solar appli- cations. 10. Additional Standards. other sect~ons notwlthstandlng, the standards of Section 9122(H) (2), (3) ,(4), and (5) shall be required for new constructlon of all multiple dwellings. SECTION 2. Section 9109 of the Santa Monica Munic~pal Code 18 amended to add Sections 9l09B9 and 910JBIO to read as follows; 9. Unexcavated area. On any lot or buildlng site in thlS dlstrlct havlng a width greater than 49 feet an un- excavated area not less than 4 feet ~n width equal to the depth of the lot or building site shall be provlded and maintained in at least one side yard ~nd, for lots or building sites in excess of 70 feet 1n width an un- excavated area shall be provided In both side yards. -2- -t -. Notwithstanding these requirements, varlances may be considered to allow for pass~ve or active solar appll- catlons. 10. Addltional Standards. Other sections notwlthstandlng, the standards of Section 9122 (H) (2), (3) , (4), and (5) shall be required for new construction of all multlp1e dwelllngs. SECTION 3. Sectlon 9110 of the Santa Malllca Municlpal Code 15 amended to add Sections 91l0BlO and 9l10Bll to read as follows: 10. Unexcavated area. On any lot or bulding site in this distrlct havlng a ~ldth greater than 49 feet an un- excavated area not less than 4 feet In wldth equal to the depth of the lot or buldlng site shall be pro- vided and maintained In at least one side yard and, for lots or bUllding sites in excess of 70 feet In width an unexcavated area shall be provided In both slde yards. Nothwlthstandlng these requlrements, variances may be cansldered to allow for passive or active solar applicatlons. 11. Addltional standards. Other section notwithstanding, the standards of Sectlon 9122(H) (2), (3), (4), and (5) shall be required for new construction of all multiple dwellings. SECTION 4. Section 9122 of the Santa Monica Munic1pal Code is amended to add subsection H to read follows; H. New Construction. In approving or cond1tionally approv1ng any new condom1nium, coromunlty apartment or cooperatlve apartment the followlng shall be required: -3- ,. .. 1. ~nergy Conservatlon Plan. An Energy Conservation Plan shall be submitted as part of an appllcatlon and shall set forth detalls of energy conservation measures to be employed ln the proJect including, but not li~lted to, insulatlons, water, water heatlng, heatlng and cooling equlpment, appllances, energy efflclent 11ghting, natural ventl1ation and passlve solar design, and an estlmate of the impact of the proJect on energy usage in adJacent propertles. 2. Access. All townhouses shall have access from garages to the first IlVlng level Wlthout gOlng to a publlC street or alley. 3. Archltectural treatment. All ne~ proJects shall be adequately archltec- turally treated on all sldes of the structures. 4. Natural Light; Ventilatlon. At least one bathroom ln each unit shall have wlndows that can open and all kltchen areas shall be acceSSlble to adequate natural llght. 5. Insulation. All pipes for circu- lated hot water and all hot water heaters shall be lnsulated. -4- 'e ee SECTION 5. That portlon of Section 9129 FIA of the Santa MODlca ~unlclpal Code pertalnlng to dwell1nQ units In R2, R3, R4, CA anc CP dlstrlcts is aMended to delete the provlslons for tandem parklnc and to read as follows: R2, R3, R4, CA and CP Dlstrlcts. ReSldentlal CondoMlulum unlts: Two (2) parklng spaces per dwelllng unlt. Apartments: One (1) space per dwelllng unlt wlth an area of 650 square feet or less; One and one-half (1 1/2) spaces per dwelling unlt wlth an area of more than 650 square feet but less than 900 square feet; Two (2) spaces per dwelling unlt wlth an area of more than 900 square feet. SECTION 6. Sectlon 9129 F4 of the Santa ~onlca Munlclpa1 Code is amended to read as follows; Parking spaces provlded to ~eet the re- qUlrements for resldential use shall be not less than 8 1/2' In wldth, 18' In length and 6 1/2' in helght notwlthstand- lng the provis1ons of Section 9102. Park~ng spaces prov1ded to meet the re- qulrernents for commerclal and industrial use shall be not less than 8 1/2' 1n width, 19' in length and 6 1/21 in he~ght. "End Stalls", situated at the end of a~sles and adlolninq a wall shall be not less than 11 1/2' ln width. -5- -e - -e months beginning at the close of escrow on the flrst un~ts sold, the subdivider to be responsible for all costs of normal maintenance in excess of the estimate. SECTION B. Any provislon of the Santa Monica Munlcipal Code or appendices thereto inconsistent the~ewith, to the extent of such inconsistencies and no further, are hereby re- pealed or modifled to that extent necessary to affect the pro- visions of this ordinance. SECTION~. If any section, SUbsection, sentence, clause, or phrase of this ordinance is for any reason held to be inva12d or unconstitutlonal by a decislon of any court of any competent jurisdiction, such decision shall not affect the val1dity of the remainlng portions of the ordlnance. The City Councl1 hereby declares that it would have passed thlS ordlnance and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional w~thout regard to whether any portion of the ordlnance would be subsequently declared invalid or unconstitutional. SECTION 10. The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper within flfteen (15) days after its adoptlon. The ordinance shall become effective after thirty (30) days from its adoption. APPROVED AS TO FORM: ~.~~ STEPgEN SHANE STARK- Acting City Attorney -7- e_ ee SECTION 7. Section 9122(E) of the Santa Monica Municipal Code 15 amended to add sub-sections 4,5, and 6, as follows: 4. The CC&R's include agreement by the subdivider that the fOllowing shall be guaranteed by the subdivider: a. Common area items, 1ncluding but not l~mited to, the roof, plumblng, heatlng, a1r-conditioning, and electrlcal systems, untl1 one (1) year elapses from the date of the sale of the last indlvldual unlt sold; and b. Items provided or 1nstalled within lnd1v1dual units by the Subdlvider, includlng but not llmited to, appl~ances, fixtures, and facl11t1es, for a period of one (1) year from the date of close of escrow of each indivldual unit. 5. The CC&R's provide that the non-div1der owners have the rlght to select or change the management group or the homeowner association nlnety (90) days after sale or transfer of title of fifty-one percent (sl%) of the units~ the subdivlder agrees not to change the CC&R's subMitted to obtaln approval of a proJect without the consent of the Planning Commlssloni and subsequent owners agree to make no changes in the CC&R's lmposing restriction on the age of occupants, residents or owners wlthout con- sent of the Planning Commission. 6. The subdivlder sub~~ts an estimate of and guarantees the maintenance costs for a period of twelve (l2) -6- e_ e_ ADOPTED AND APPROVED THIS 8th DAY OF July } 1980 t ,~f~ f MA'Y{)Rv- J I f I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE} No. 1166} WAS DULY AND REGULARLY INTRODUCED AT A MEETING OF THE CITY COUNCIL ON THE 1st DAY OF July } 1980; THAT THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED AT A MEETING OF THE CITY COUNCIL ON THE 8th DAY OF BY THE FOLLOWING COUNCIL VOTE: J1.11 y } 1980 AYES: COUNCILMEMBERS: Jennlngs, Reed, Rhoden, van den Steenhoven NOES: COUNCILMEMBERS: Scott, Bambrick ABSENT: ABSTAPi COUNCILMEMBERS: Kone COUNCILMEMBERS: Yannatta Goldway ATTEST: &~{~ !~~:tITY CLERK t.-