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.-