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O1496 e e CA:RMM:LLD554/hpc City Council Meeting 9-26-89 Santa Monica, California ORDINANCE NUMBER l4 9 6 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE SECTIONS 9000.3, 9040.3, 9040.10, 9040.17, 9040.18, 9041.2, 9041.6, 9044.10, 9044.21, AND 9113.3 AND ADDING SECTIONS 9002.10, 9035.1 THROUGH 9035.7, 9036.1 THROUGH 9036.7, 9037.1 THROUGH 9037.7, 9038.1 THROUGH 9038.7, 9039.1 THROUGH 9039.7, 9040.41, 9047.1 THROUGH 9047.3, AND 9151.1 THROUGH 9151.7 TO THE SANTA MONICA MUNICIPAL CODE RELATING TO ZONING REGULATIONS FOR THE OCEAN PARK AREA THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. section 9000.3 of the Santa Monica Municipal Code is amended to read as follows: ~ section 9000.3. Definitions. The phrases as used in this Chapter shall meanings: following have the words or following Accessory Building. A detached building which is located on the same lot as the principal building and is incidental and subordinate to the principal building in terms of both size and use. Accessory Livinq Quarters. Living quarters within an accessory building for the sole use of persons employed on the premises or for use by guests of the occupants of the premises. Such quarters shall not have cooking facilities and shall not be rented or used as a separate dwelling. Accessory Use. A use of land or of a building or a portion of the land or building incidental and subordinate to the principal use of the land or building and located on the same lot as the principal use. - 1 - e - Act of Nature. A natural occurrence such as an earthquake, flood, tidal wave, hurricane or tornado which causes substantial damage to buildings or property. Al tered Grade. A change in the elevation of the ground surface from its natural state due to grading, excavation or filling. Arcade. A public passageway or colonnade open along at least one side, except for structural supports, usually covered by a canopy or permanent roofing. Art Gallery. A room or structure in which original works of art or limited editions of original art are bought, sold, loaned, appraised, or exhibited to the general public. Artist studio. A room or structure in which original works of art are created on site. Living quarters for the artist may be permitted provided the area devoted to living quarters does not exceed 50% of the square footage of the total studio space. Attic. The area located above the ceiling of the top story and below the roof and not usable as habitable or commercial space. Auditorium. A building or room designed to accommodate groups of people for meetings, performances or events. Automobile Center. A grouping of individual automobile dealerships offering a variety of automobile makes and models proposed as a single development project. ..~ Automobile Dealership. Any business establishment which sells or leases new or used automobiles, trucks, vans, trailers, recreational vehicles, boats or motorcycles or other similar motorized transportation vehicles. An automobile dealership may maintain an inventory of the vehicles for sale or lease either on-site or at a nearby location and may provide on-site facilities for the repair and service of the vehicles sold or leased by the dealership. Automobile Display Lot. Any property used for the display, lease and sale of new or used automobiles, light trucks, vans, trailers, recreational vehicles, motorcycles, boats or other similar vehicles. Automobile Repair Facility. Any building, structure, improvements or land used for the repair and maintenance of automobiles, motorcycles, and trucks including but not limited to body, fender, muffler, or upholstery work, oil change and lubrication, painting, tire service and sales, or the installation of CB radios, car alarms, stereo equipment, or cellular telephones. Automobile Sales Facility. See Automobile Dealership. - 2 - e e Automobile storaqe Lot. Any property used for short or long term parking of vehicles for sale or lease at an automobile dealership. Automobile Washinq Facility. Any building, structure, improvement or land principally used for washing motor vehicles. Automobile Rental Aqency. Any business establishment which rents or otherwise provides motorized transportation vehicles on a short-term basis typically for periods of less than one month, and which maintains such vehicles on-site or at a nearby location. For the purpose of this Chapter, rental of trucks exceeding one ton capacity or rental of other heavy equipment shall constitute distinct uses separate from an automobile rental agency. Averaqe Natural Grade. The average elevation of the ground level of the parcel surface in its natural state as measured from the corners of the parcel. However, in connection with development projects in the Ocean Park Districts, average natural grade shall have the same meaning as "theoretical grade, II or "grade, theoretical." Awning. A temporary shelter supported entirely from the exterior wall of a building. Awnings may be fixed or collapsible, retractable, or capable of being folded against the face of the supporting building. Balcony. A platform that projects from the wall of a building and is surrounded on the exposed sides by a railing or wall up to 42 inches in height. Basement. The portion of a structure below the finished first floor. A basement shall be considered a story if the finished first floor extends more than 3 feet above the average natural grade. Bed and Breakfast Facility. A building or portion of a building used as a temporary lodging place for individuals which does not have more than four guest rooms and one kitchen. Bedroom. A private room planned and intended for sleeping, separated from other rooms by a door and accessible to a bathroom without crossing another bedroom. Boarding House. A residential building with common cooking and eating facilities where a room or any portion of a room is rented to a person or persons unrelated to the person renting the room. Building. Any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials of any kind or nature. - 3 - _ e Building Bulk. The aggregate of three dimensional forms making up a building. Buildinq Coverage. The horizontal area measured within the perimeter of the exterior walls of the ground floor or upper floors that overhang the ground floor of all principal and accessory buildings on a lot. Buildinq Height. The vertical distance measured from the existing average natural grade to the highest point of the roof. However, in connection with development proj ects in the Ocean Park Districts, building height shall mean the vertical distance measured from the theoretical grade to the highest point of the roof. Buildinq Mass. Three dimensional forms, which are cubes, boxes, cylinders, pyramids building is rarely only one of these simple generally a composite of these forms. the simplest of and cones. A forms, and is Building, Principal. A building in which the principal use of the lot on which it is located is conducted. Buildinq Size. The aggregate of building mass and building bulk permitted on a lot which is defined by height regulations, setbacks, and other property development standards. Canopy. A roof-like cover that projects from the wall of a building for the purpose of shielding a doorway, window or wall from the elements. ch~nqe of Use. The establishment of a different use from the prev~ous use. A change of ownership for continuation of an existing use does not constitute a change of use. Child Day Care Center. Any child day care facility, other than a family day care home, that provides care, protection, and supervision for more than six children for periods less than 24 hours per day and where the owner or operator does not reside at the child day care establishment. Child day care centers shall include infant centers, preschools, nursery schools, and extended day care facilities. Church. See Place of Worship definition. Cinema. A motion picture theater where the primary use is to show motion or video pictures and to which admission is free or a fee is charged, received or collected, either by the sale of tickets or by any other means or device by which money or something of value is received or paid therefor. Club. A group of people organized for a common purpose to pursue--COmmon goals, interests or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and a constitution or by-laws. - 4 - e e Common Open Space. Usable open space which is for the use of the residents of two or more dwelling units. Community Care Facility. Any facility, place, or building which is maintained and operated to provide non-medical residential care, adult day care, or home finding agency services for children, adults, or children and adults including but not limited to the physically handicapped, mentally impaired, or incompetent persons, and includes the following: (1) "Residential Care Facility" means any family home, group care facility for 24-hour non-medical care to persons 18 years of age or older in need of personal services, supervision, or assistances essential for sustaining the activities of daily living or for the protection of the individual. (2) "Adult Day Care Facility" means any facility which provides non-medical care to persons 18 years of age or older in need of assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. Conditional Use Permit. A discretionary permit obtained in accordance with Subchapter 10F, permitting the establishment of particular uses in a zoning district. Cultural Facilities. Museums, galleries, theaters and the like, which promote educational and aesthetic interest within a community. Drive-Through or Drive-In Restaurant. A restaurant where customers may be served food in their vehicles for consumption either on or off the site. Duplex. One structure on a single lot containing two dwelling units, each of which is functionally separated from the other. Dwelling. A structure or portion thereof which is used principally for residential occupancy. Dwellinq, Multi-Family. A dwelling containing two or more dwelling units. Dwellinq, Single-Family. A dwelling unit which contains only located on a permanent foundation. building containing one one kitchen and which is Dwelling Unit. One or more rooms, designed, occupied, or intended for occupancy as separate living quarters, with full cooking, sleeping, and bathroom facilities for the exclusive use of a single household. Dwelling Unit, Efficiency. A dwelling unit consisting of not more than one habitable room together with kitchen or kitchenette and bathroom facilities. - 5 - e e Electric Distribution Substation. An assembly of equipment which could include fuel cells and microwave, cable, radio and/or other communication facilities as part of a system for distribution of electric power where electric energy is normally received at a sub-transmission voltage and transformed to a lower voltage, and/or produced at this lower voltage in case a fuel cell is installed, for distribution to the customer. Facade. The exterior side of a building. Fast-Food or Take-Out Restaurant. A restaurant where customers purchase food at a walk-up window or counter and either consume the food on the premises within a short period of time or take the food off the premises. A restaurant shall not be considered a fast-food or take-out restaurant solely on the basis of incidental or occasional take-out sales. Fence. A barrier of any material or combination of materials functioning as an enclosure or for screening. Fence Height. The vertical distance between the ground and top of a fence measured from the existing grade. The height shall be measured in a continuum at each point along the fence. Finished First Floor. The top of the first floor of a structure which does not extend more than 3 feet above the average natural grade. Floor Area. The total gross horizontal areas of all floors of abuilding, including usable basements below the roof and measured from the interior face of exterior walls, or a wall separating two buildings excluding: (1) Stairways and stairwells. (2) shafts. Elevators, elevator equipment rooms, and elevator (3) Ramps to a subterranean or semi-subterranean parking structure or ramps between floors of a parking structure providing the ramp does not accommodate parking. (4) Unenclosed decks, balconies, and platforms not used for commercial or restaurant activity. (5) Exterior courtyards, arcades, atria, paseos, walkways, and corridors whether or not covered by a roof provided they are not used for commercial or restaurant activity. (6) The volume above interior courtyards, atria, paseos, walkways, and corridors whether covered or not. (7) Subterranean and semi-subterranean parking structures used exclusively for parking and loading and unloading. - 6 - e e (8) At grade parking not covered by a building, structure, or roof. (9) Loading docks open or covered by a roof or canopy, but otherwise unenclosed and used exclusively for loading and unloading. ( 10) Mechanical equipment rooms, electrical rooms, telephone rooms, and similar space if located below grade. Floor area shall include those areas occupied by the following: (1) Restrooms, lounges, lobbies, kitchens, storage areas, and interior hallways and corridors. (2) The floor area of interior courtyards, atria, paseos, walkways, and corridors covered by a roof or skylight. (3) Covered at-grade parking. (4) Above grade parking. Floor area devoted to covered at-grade parking shall be counted at two thirds of the actual area if all of the following conditions are met: (1) The floor devoted to parking does not exceed 10 feet in height. (2) There is at least one level of subterranean or semi-subterranean parking provided on the lot. (3) The at-grade and above grade parking levels are screened from view. (4) There is no parking on the ground floor within 40 feet of the front property line. (5) The design of the parking levels is compatible with the design of the building as determined by the Architectural Review Board. Floor Area Ratio (FAR). The floor area of all buildings on a lot divided by the lot area. Game Arcade. Any place open to the public in which there are four or more games or amusements. These games or amusements include but are not limited to, electronic, video, and pinball machines, whether coin operated or on free play. Garaqe. An accessory building or portion of a principal building for the parking or temporary storage of automobiles of the occupants or users of the premises. - 7 - e e Garage, semi -Subterranean. A structure used for parking and storage of vehicles located partly underground, with the finished floor of the first level of the structure not more than three feet above the average natural or existing grade of the lot, except for openings for ingress and egress. Garage, Subterranean. A structure wholly or partly underground, the ceiling of which is not more than two feet above the average natural grade, except for openings for ingress and egress. General Retail. Businesses which are engaged in selling goods or merchandise to the general public and which provides services incidental to the sale of such goods. Grade, Theoretical. An imaginary line from the midpoint of the lot on the front property line to the midpoint of the lot on the rear property line. Grading. Any stripping, cutting, soil removal, filling, or stockpiling of earth or land. Ground Cover. A low growing woody or herbaceous plant with low, compact growth habits which normally crawls or spreads, and which forms a solid mat or dense cover over the ground within two years of installation. Mature heights of groundcover will usually range from three inches to three feet. Ground Floor. The first level of a building other than a basement. Ground Floor Street Frontaqe. The first level of a building, other than a basement, to a depth of no less than 50 feet of the front of the lot. Habitable Space. Space in a dwelling unit for living, sleeping, eating, or cooking. Bathrooms, closets, halls, storage or utility space, and parking areas are not considered habitable space. Hardscape. An open area comprised of durable non-living materials including, but not limited to rocks, pebbles, sand, wood, mulch, chips, walls, fences, planters, bricks, stone, aggregate, natural forms, and water features. Hedqe. A barrier of plant material functioning as an enclosure or used for screening. Home Occupation. A home enterprise in a residential dwelling unit incidental and secondary to the use of the dwelling unit and compatible with surrounding residential uses. Home Occupation Permit. An administrative permit obtained in accordance with Subchapter lOB to allow a home occupation. - 8 - tit e Hospice. A facility that provides residential living quarters for up to six terminally ill persons. A hospice is a permitted use in all residential districts. Hotel. A building, group of buildings, or a portion of a building which is designed for or occupied as the temporary lodging place of individuals for less than 30 consecutive days including, but not limited to, an establishment held out to the pub 1 ic as an apartment hotel, hostel, inn, time share proj ect, tourist court, or other similar use. Household. Persons living together in a single dwelling unit, with common access to, and common use of all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit. Incidental Food Service. Any building, room, space, or portion thereof where food is sold at retail where less than 250 square feet (interior and exterior) is utilized for on-site consumption of any food or beverage, including seating, counter space or other eating arrangement. Kitchen. A room or space within a building intended to be used for cooking or preparing food. Landscaped Area. The area within the boundaries of a given lot which consists of living plant material including, but not I imi ted to, trees, shrubs, woody and herbaceous ground covers, grass, flowers, vines, irrigation systems, and other design features commonly used in landscaping, but not including walkways, driveways, patios, and other landscape features that use smooth concrete or asphalt. Larqe Family Day Care Home. A home which provides family day care to 7 to 12 designated children daily, inclusive, including children who reside at the home. Light Manufacturinq. Manufacturing uses conducted within an enclosed building that include fabricating, assembling, testing, repairing, servicing or processing products where the nature of the operation is not obnoxious or offensive by reason of emission of odor, dust, noxious gas, noise, vibration, glare, heat or other adverse environmental impacts. Living Area. The interior habitable area of an existing principal dwelling unit including basement and shall not include a garage. Living Quarters. A structure or portion thereof which is used principally for human habitation. Loadinq Space. An off-street space or berth on the same lot with a building for the temporary parking of a vehicle while loading or unloading of goods. Loft. See Mezzanine. - 9 - e e Lot. A lot. Low Income Household. A household whose gross annual income is between 51% and 80% of the median income of the Los Angeles-Long Beach-Anaheim Primary Metropolitan Statistical Area (PMSA), as determined periodically by the U. S. Department of Housing and Urban Development (BUD), adjusted for household size. Manufactured Housing. A residential off-site and moved to a designated site for permanent foundation. structure placement built on a Mezzanine. An intermediate level without walls or partitions, placed in any story or room and open to the space below. When the total area of any such mezzanine floor exceeds 33 1/3 percent of the of the total floor area in that room, it shall constitute an additional story. The clear height above or below a mezzanine floor shall not be less than 7 feet. No more than one continuous mezzanine may be permitted in anyone room. A mezzanine shall be considered a loft. Middle Income Household. A household whose gross annual income is 100% of the median income of the Los Angeles-Long Beach-Anaheim Metropolitan statistical Area (PSMA), as determined periodically by the U.S. Department of Housing and Urban Development (HUD) adjusted for household size. Mini-Mart. A small retail store selling commonly purchased groceries, fast-foods, household goods, and impulse items, and located on the same lot as a service station or operated in conjunction with a service station with common parking. Minor Repair of Vehicles. Transmission, muffler, and radiator work, lUbrication, repair of brakes, generators, water pumps, batteries, and other minor components, replacement of wiper blades, fuses, radiator caps, lamps, and other minor accessories, changing, and mounting of tires, wheel alignment, tune-up, minor electrical repairs, and similar repairs and services. Minor repair of vehicles shall not include repairs that cause environmental nuisances including but not limited to engine and drive train overhaul, auto dismantling, body and fender work, welding, repair of tops, seat covers, and upholstery, auto glass work, painting, rebuilding batteries, tire recapping or retreading, and similar work. Mixed Use Development. The development of a lot or building with two or more different land uses such as, but not limited to a combination of residential, office, manufacturing, retail, public, or entertainment in a single or physically integrated group of structures. Mobilehome Park. See Trailer Park. Moderate-Income Household. A household whose gross annual income is between 81% and 120% of the median income of the - 10 - e e Los Angeles-Long Beach-Anaheim Primary Metropolitan statistical Area (PMSA), as determined periodically by the U.S. Department of Housing and Urban Development (BUD), adjusted for household size. Motel. An establishment providing transient accommodations containing six or more rooms with at least 25% of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building. Neiqhborhood Grocery store. Any small market not exceeding 3,000 square feet of floor area selling a full range of food products including meat, dairy, vegetable, fruit, dry goods, and beverages. Net Residential Area. An area of land zoned for residential uses exclusive of public streets or land dedicated for streets but including the area to the center line of a rear alley. Night Club. An establishment which primarily offers live entertainment or dancing and which may serve food or beverages. Nonconforming Building or structure I Legal. A structure, the size, dimension, or location of which were lawful prior to the effective date of this Chapter or any amendment thereto, but which fails to conform to the present requirements of the zoning district. Nursinq Home. A facility licensed to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness, or infirmity are unable to care for themselves. outdoor storage. The keeping, in an unroofed area, of any goods, junk, material, merchandise, or vehicles in the same place for more than 72 hours. overlay District. A zoning designation specifically delineated on the Districting Map establishing land use requirements that govern in addition to the standards set forth in the underlying residential, commercial or industrial district. Parabol ic Antenna. An accessory structure of any shape, including the main dish and covering, feedhorn, low noise amplifier, structural supports and all other components thereof, which transmits and receives electromagnetic waves by line of sight. 1. Groundmounted Dish Antenna. A parabolic antenna, the entire weight of which is supported by an approved platform, framework, pole, or other structural system, which system is affixed directly on or in the ground by a foundation and which system is freestanding, excluding lateral bracing to a building. 2. Height. The vertical distance between the highest point of an antenna when actuated to its most vertical position - 11 - e e and grade below, for a groundmounted dish antenna, and to the roof below for a roofmounted dish antenna. 3. Microwave Relay Antenna. antenna, typically disc or double element external to the disc, that with another similar antenna. A transmitting and receiving convex shaped with no acti ve communicates by line of sight 4. Reasonable Functional Use. That positioning of a parabolic antenna which permits substantially unobstructed line of sight with geosynchronous orbiting satellites from or to which the dish antenna receives or transmits electromagnetic waves. 5. Roofmounted Dish Antenna. A parabol ic antenna, the entire weight of which is supported by a building through the use of an approved framework or other structural system, which system is affixed to one or more structural members of the roof of the building or to any structural portion of the building above the roofline. 6. satellite Earth station Antenna. receives or transmits communications by line geosynchronous orbiting satellite. An antenna that of sight with a 7. Screening. The effect of locating a parabolic antenna behind a building wall, fence, landscaping, berm, and/or other specially designed device so that view of the dish antenna from adjoining and nearby public street rights-of-way and private properties is precluded or minimized to the extend reasonable 8. TVRO Antenna. Television receiving only antenna. Parapet. A low wallar railing not exceeding 42 inches above the roof and along its perimeter. Parcel. A portion of land separated from other portions of land by legal description, as on a subdivision or record of survey map, or by metes and bounds. Parcel shall also include two or more lots combined to be used, developed, or built upon as a unit as provided for in Section 9002.1. Parcel Area. The total area within the property lines of a parcel, excluding any street or alley right-of-way. Parcel, Corner. A parcel of land abutting two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than 135 degrees. Parcel Coverage. That portion of the parcel that is covered by buildings and structures. Parcel coverage shall include that area of the parcel directly below any upper level of a building or structure that is cantilevered beyond the edge of the first level of the building or structure. - 12 - It e Parcel Depth. The distance measured from the front parcel line to the rear parcel line as per the legal description of the property. Parcel, Flaq. A parcel not fronting on or abutting a public road and where access to the public road is by a narrow, right-of-way or driveway. Parcel Frontaqe. The width of the front parcel line measured at the street right-of-way. Parcel, Key. The first interior parcel to the rear of a reversed corner parcel and not separated therefrom by an alley. Parcel Line. A line of record bounding a parcel which divides one parcel from another parcel or from a public or private street or any other public space. Parcel Line, Front. The parcel 1 ine separating a parcel from a street right-of-way. In the case of a corner parcel, the line separating the narrowest street frontage of the parcel from the street shall be considered the front. Parcel Line, Rear. The parcel line opposite and most distant from the front parcel line: or in the case of triangular or otherwise irregularly shaped parcel, a line ten feet in length entirely within the parcel, parallel to, and at a maximum distance from the front parcel line. Parcel Line, Side. Any parcel line other than a front or rear parcel line. Parcel, Reversed Corner. A corner parcel, the side street line of which is substantially a continuation of the front parcel line of the first parcel to its rear. Parcel, Throuqh. A parcel which fronts on two parallel streets or which fronts upon two streets which do not intersect at the boundaries of the parcel. Parcel width. The horizontal distance between the side lines of a parcel measured at right angles to its depth along a straight line parallel to the front parcel line at the street or public right-of-way that is identified as the parcel's address. Pedestrian orientation. Design qualities and elements that contribute to an active, inviting street level environment making the area a pleasant place to walk and shop including but not limited to: (a) Street furniture. (b) Design amenities related to the street level such as awnings, paseos, arcades. (c) visibility into buildings at the street level. - 13 - e e (d) Highly articulated facades at the street level with interesting uses of material, color, and architectural detailing. (e) Continuity of the sidewalk with a minimum of intrusions into the pedestrian right-of-way. (f) Continuity of building facades along the street with few interruptions in the progression of buildings and stores. (g) Signage oriented and scaled to the pedestrian rather than the motorist. (h) Landscaping. Pedestrian Oriented Use. A use which is intended to encourage walk-in customers and which generally does not limit the number of customers by requiring appointments or otherwise excluding the general public. A pedestrian oriented use may suggest or require appointments for services when primarily for the convenience of the customer, such as reservations with restaurants, beauticians or optometrists to avoid being turned away due to unavailability. Penthouse. A structure not exceeding 14 feet in height located on the roof of a building used for the purpose of sheltering mechanical equipment or vertical shaft openings in the roof. Performance Standards Permit. An administrative permit obtained in accordance with Subchapter 100. Permitted Use. Any use allowed in a Zoning district and subject to the restrictions applicable to that Zoning district. Place of Worship. buildings or structures, primarily intended for accessory uses associated A building or structure, or groups of which by design and construction are conducting religious services and therewith. Planninq Commission. The seven member body responsible for carrying out functions with respect to planning and zoning as may be prescribed by this Article. Porte Cochere. A roofed structure extending from the entrance of a building over an adjacent driveway, the purpose of which is to shelter persons entering and exiting a building. Primary Space. Living room, dining room, family room, library, or similar such activity room in a dwelling unit. Primary Window. A glazed surface whose area is larger than any other glazed surface in a room which serves as a primary space. Principal Use. The primary or predominant use of any site. - 14 - e e Photocopy Shop. An establishment that reproduces or prints documents. A print shop shall be considered to be the same as a photocopy shop. Private Club or Lodqe. A building and related facilities owned or operated by a corporation, association, or group of individuals established for the fraternal, social, educational, recreational, or cultural enrichment of its m.embers and not primarily for profit, and whose members meet certain prescribed qualifications for membership and pay dues. A private club or lodge does not include a facility where the principal membership requirement is payment of a membership or admission fee. Private Tennis Court. A tennis court which is used for non-commercial purposes by the owner of the property or their guests. Public Land. Any government owned land, including but not limited to public parks, beaches, playgrounds, trails, paths, schools, public buildings, and other recreational areas or public open spaces. Public utility Service Center and Service Yard. Any building or property used for the administration of public utility repair, maintenance, and installation crews, warehouse, storage yard or maintenance garage including vehicle parking of a public utility. Residential Care Facility. A group housing arrangement chosen voluntarily by residents over 60 years of age, but also including persons under 60 with compatible needs, who are provided varying levels and intensities of care and supervision or personal care, based upon their varying needs, as determined in order to be admitted and remain in the facility. Residential Use. One or more rooms designed, occupied, or intended for occupancy as primary living quarters in a building or portion thereof. Restaurant. Any building, room, space, or portion thereof where food is sold for consumption on site. A restaurant does not include incidental food service. Rest Home. An extended or intermediate care facility licensed or approved to provide health care under medical supervision for 24 or more consecutive hours to two or more patients who are not related to the governing authority or its members by marriage, blood, or adoption. Roof. That portion of a building or structure above walls or columns that shelters the floor area or the structure below. Sanitarium. An institution for the treatment of persons with chronic and usually long term illnesses. - 15 - e e Secondary Window. Window serving a bedroom, bathroom, kitchen, stairway, corridor, or storage area in a dwelling unit, or a window in a primary space which is not a primary window. Self-Service storage Warehouse (Mini-Warehouse). A warehouse operation where customers rent or lease, and have direct access to, individual storage areas, compartments, or rooms within a larger structure or structures provided for storage use. senior citizen. An individual 62 years of age or more. Senior Group Housing. A building or buildings, including a single family dwelling, that provides residence for a group of senior citizens with a central kitchen and dining facilities and a separate bedroom or private living quarters. Service station. Any establishment whose primary function is the retail sale of petroleum products and vehicle accessories normally associated with this use, and shall include those service stations providing full-service or self-service stations. Setback. The distance between the lot line and a building not including permitted projections. Shelter for the Homeless. A residential facility operated by a "provideru, other than a "community care facilityU as defined in California Health and Safety Code Section 1502, which provides temporary accommodations to homeless persons and/or families and which meets the standards for shelters contained in Title 25, California Administrative Code, Part 1, chapter F, Subchapter 12, section 7972. The term "temporary accommodations" means that a homeless person or family will be allowed to reside at the shelter for a time period not to exceed six (6) months. For the purpose of this definition, a "provideru shall mean a government agency or private non-profit organization which provides, or contracts with recognized community organizations to provide, emergency or temporary shelter for the homeless, and which meets the standards set forth in section 9050.14. Shrub. A plant with a compact growth habit and branches coming from the base of the plant. Mature heights of shrubs may vary from one foot to 15 feet depending on their species and landscape application. sidewalk Cafe. Any outdoor dining area located in any public sidewalk or right-Of-way which is defined by a barrier which separates the sidewalk cafe area from the sidewalk or other public right-Of-way and which is associated with a restaurant or other eating and drinking establishment on a contiguous adjacent lot. Single Room Occupancy. A housing unit which is contained within a residential hotel, rooming house, hotel, or motel where the unit does not contain either private food preparation or sanitary facilities. - 16 - e e site. Any plot or lot of land or combination of contiguous lots of land. Skylight. That portion of a roof which is glazed to admit light, and the mechanical fasting required to hold the glazing, including a curb not exceeding 10 inches in height, to provide a weatherproofing barrier. Small Family Day Care Home. A home which provides family day care to six or fewer designated children daily, including children who reside at the home. Solar Energy System. Any solar collector or other solar energy device, or any structural design feature of a building whose primary purpose is to provide for the collection, storage, or distribution of solar energy for space heating or cooling, water heating, or electricity. speciality Office. Uses intended to provide a service without requiring an appointment such as travel agencies, real estate offices and insurance agencies. story. That portion of a building included between two consecutive floors of a building. A basement shall not be considered a story if the finished first floor does not exceed 3 feet above the average natural grade of the lot. An unfinished attic shall not be considered a story. A mezzanine shall be considered a story if it is not open to the floor below, if it contains any enclosed rooms, bathrooms, closets, and the like, or if it contains more than 33 1/3% of the total floor area of the room(s) onto which it opens. Structure. Anything constructed or erected, which requires a fixed location on the ground, or is attached to a building or other structure having a fixed location on the ground. Subdivision. definitions. See Chapter 3 for all subdivision Substantial Remodel. Removal of 50 percent or more of the exterior walls or removal of 50 percent or more of supporting members of a structure such as bearing walls, columns, beams, or girders. Tandem Parking. A group of two or more parking spaces arranged one behind the other where one space blocks access to the other space. Temporary structure. A structure without any foundation or footing and which is removed when the designated time period, acti vi ty , or use for which the temporary structure was erected has ceased. Temporary Use Permit. An administrative permit obtained in accordance with Subchapter lOCo - 17 - e e Theater. Any hall where live entertainment is given or held as the principal use, any establishment containing a permanent stage upon which movable scenery and theatrical appliances are used and where regular theatrical performances are given. Trailer. A vehicle wi thout motor power I designed to be drawn by a motor vehicle and to be used for human habitation or for carrying persons or property, including a mobilehome, trailer coach or house trailer. Trailer Court or Mobilehome Park. Any area or tract of land used or designed to accommodate one or more trailers in use for human habitation with minimum facilities for water, sewer, electricity, and laundry. Tree. A plant having at least one well defined stem or trunk and normally attaining a mature height of at least 15 feet, with an average mature spread of 15 feet, and having a trunk that shall be kept clear of leaves and branches at least six feet above grade at maturity. 15 Gallon Tree. A 15 gallon container tree shall be no less than one inch caliper and at least six feet in height above grade at the time of planting. 24 Inch Box Tree. A 24 inch box tree shall be no less than one and three-quarters inch caliper and at least seven feet in height above grade at the time of planting. Usable Open Space. Outdoor space which is specifically designed and constructed to be occupied by and used by residents of the dwelling units on a lot. Use. The purpose or activity for which land is zoned or a structure is intended or used. Variance. A discretionary permit obtained in accordance with Subchapter 10E. Very Low Income Household. A household whose gross annual income is between 0% and 50% of the median income of the Los Angeles-Long Beach-Anaheim Primary Metropolitan Statistical Area (PMSA), as determined periodically by the U. S. Department of Housing and Urban Development (HUD), adjusted for household size. Warehouse. A building, group of buildings, or a portion of a building used for the storage of goods and materials. Yard. An open space situated between lot lines and not covered by buildings. Yard, Front. A space extending the full width of the lot between any building and the front lot line, and measured perpendicular to the building at the closest point to the front lot line. The front yard shall be unoccupied and unobstructed - 18 - . e from the ground upward except as may be permitted by this Chapter. Yard Sale. Any sale held for trading, or otherwise disposing furnishings, personal goods, or other control of the person holding such residential district. the purpose of selling, of unwanted household tangible properties under sale and conducted in a Yard, side. A space extending the full depth of the lot between the principal building and the side lot line measured perpendicular from the side lot line to the closest point of the principal building. The side yard shall be unoccupied and unobstructed from the ground upward except as may be permitted by this Chapter. Yard, street Side. A space extending the full depth of the lot between the principal building and the side lot line adjacent to a public street right-of-way measured perpendicular from the side lot line to the closest point of the principal building. The street side yard shall be unoccupied and unobstructed from the ground upward except as may be permitted by this Chapter. Yard, Rear. A space extending the full width of the lot between the principal building and the rear lot line measured perpendicular from the rear lot line to the closest point of the principal building. The rear yard shall be unoccupied and unobstructed from the ground upward except as may be permitted by this Chapter. Zoning Ordinance. The Comprehensive Land Use Ordinance of the City of Santa Monica. SECTION 2. section 9002.10 is added to the Santa Monica Municipal Code to read as follows: Section 9002.10. Conformance with Ocean Park Zoninq Standards Adopted on September 26, 1989. Any project for which an application was filed prior to September 19, 1989, shall not be required to comply with Subchapters 4V, 4W, 4X, 4Y, and 4Z of Chapter 1 of Article IX of the Santa Monica Municipal Code and Sections 9040.3, 9040.10, 9040.17, 9040.18, 9040.41, 9041.2, 9041.6, 9044.10, 9044.21, 9047.1, 9047.2, 9047.3, 9151.1, 9151.2, 9151.3, 9151.4, 9151.5, 9151.6, 9151.7, and 9113.3 of the Santa Monica Municipal Code, adopted on September 26, 1989. SECTION 3. Subchapter 4V is added to Chapter 1 of Article IX of the Santa Monica Municipal Code to read as follows: Subchapter 4V. OP-1 Ocean Park Sinqle Family Residential District. Section 9035.1. Purpose. The OP-1 District is intended to maintain single family housing wi thin an area comprised of - 19 - . . small lots where single family housing now predominates. The OP-l District is designed to prevent traffic and on-street parking congestion which more intense development could create. The OP-1 District serves to maintain the existing character and state of the area. section 9035.2. Permitted Uses. The following uses may be permitted in the OP-l District: (a) Hospice facilities. (b) One single family dwelling per lot placed on a permanent foundation including Manufactured housing. (c) One-story accessory buildings and structures up to 14 feet in height. (d) Public parks and playgrounds. (e) Small family day care homes. (f) State authorized, licensed, or certified uses to the extent required to be permitted by state Law. (g) Yard sales, limited to two per calendar year, for a maximum of two days each. section 9035.3. Uses Subiect to Performance Standards Permit. The following uses may be permitted in the OP-1 District subject to the approval of a Performance Standards Permit: (a) Large family day care homes. (b) One-story accessory living quarters, up to 14 feet in height, on a lot having a minimum area of 10,000 square feet. (c) Private tennis courts. Section 9035.4. Conditionally Permitted Uses. The following uses may be permitted in the OP-1 District subject to the approval of a Conditional Use Permit: (a) Duplexes on a lot having not less than 6,000 square feet of area, a side lot line of which abuts, or is separated by an alley from any R3, or R4 District. (b) One-story accessory buildings over 14 feet in height or two story accessory buildings up to a maximum height of 24 feet. (c) Schools. - 20 - e e section 9037.4. Conditionally Permitted Uses. The following uses may be permitted in the OP-2 District subject to the approval of a Conditional Use Permit: (a) Bed and breakfast facilities. (b) Boarding houses. (c) Child day care centers. (d) Community care facilities (e) Libraries. (f) Neighborhood grocery stores. (g) Offices and meeting rooms for charitable, youth, and welfare organizations. (h) One-story accessory buildings over 14 feet in height or two story accessory buildings up to a maximum height of 24 feet. (i) Places of worship. (j) Residential care facilities. (k) Rest homes. (1) Schools. (m) Underground parking structures provided the lot was occupied by a surface parking lot at the time of adoption of this Chapter, the lot is not adjacent to a lot in the C2 District, the ground level above the underground parking structure is used for residential or public park and open space uses, the structure is associated with an adjacent commercially zoned lot, and the vehicle access to the underground parking is from the commercially zoned lot and as far from the residentially zoned lot as is reasonably possible. section 9037.5. Prohibited Uses: (a) Rooftop parking. (b) Any use not specifically authorized. Section 9037.6. Property Development Standards. All property in the OP-2 District shall be developed in accordance with the following standards: (a) Maximum Buildinq Heiqht. Two stories, not to exceed 23 feet for a flat roof, or 30 feet for a pitched roof. A pitched roof is defined as a roof with at least two sides having - 27 - e e section 9035.5. Prohibited Uses. (a) Boarding houses. (b) Rooftop parking. (c) Second dwelling units pursuant to section 65852.2(c) of the California Government Code. (d) Any uses not specifically authorized. Section 9035.6. Property Development Standards. All property in the OP-District shall be developed in accordance with the following standards: (a) Maximum Buildinq Heiqht. Two stories, not to exceed 20 feet for a flat roof, or 27 feet for a pitched roof. A pitched roof is defined as a roof with at least 2 sides having no less than one foot of vertical rise for every three feet of horizontal run. (b) Maximum unit Density. One dwelling unit per lot. (c) Minimum Lot Size. 4,000 square feet. Each lot shall contain a minimum depth of 80 feet and a minimum width of 25 feet except that any lot existing on the effective date of this Chapter shall not be subject to this requirement. (d) Maximum Lot Coverage. 50 percent. (e) Front Yard Setback. 15 feet, or 10 feet if the average setback of adjacent dwellings(s) is 10 feet or less. A one story, covered or uncovered porch open on 3 sides may encroach 6 feet into a front yard with a 15 foot setback, if the roof does not exceed a height of 14 feet, and the porch width does not exceed 40% of the building width at the front of the building. (f) Rear Yard Setback. 10 feet. (g) Side Yard Setback. (1) The side yard setback for that portion of a building with a secondary window, blank wall, or primary window on a side yard facing the street (i.e., a corner lot) shall be determined in accordance with the following formula, except for lots of less than 50 feet in width for which the sideyard shall be 10% of the lot width but not less than 4 feet: 5' + (stories x lot width) 50' (2) The side yard setback for that portion of a building with a primary window shall be as follows: - 21 - It - (a) For lots less than 50 feet in width, a minimum setback of 8 feet shall be provided, as long as at all times a 12 foot separation exists between the primary window and any adjacent structures; (b) For lots 50 feet or greater in width, a minimum setback of 12 feet shall be provided. (3) The second floor primary window shall not project required side yard setback. side more yard than setback 2 feet above a into the (h) Landscapinq. All areas not covered by buildings, driveways, and sidewalks are to be covered by appropriate landscaping. All new construction that requires issuance of a building permit shall be subject to the provisions of subchapter 5B of this Article. (i) Parkinq Access. Access to all required off-street parking shall be from alleys, except for corner lots where access may be provided from the side street but not from the front street. section 9035.7. Architectural Review. All new construction, new additions to existing buildings, and any other exterior improvements that require issuance of a building permit shall be subject to architectural review pursuant to the provisions of Chapter 5 of this Article. SECTION 4. Subchapter 4W is added to Chapter 1 of Article IX of the Santa Monica Municipal Code to read as follows: Subchapter 4W. district OP-Duplex Ocean Park Duplex Residential section 9036.1. Purpose. The OP-Duplex District is intended to provide a density appropriate for the Copeland Court walk street. The OP-Duplex is designed to prevent burden on the public facilities, including sewer, water, electricity and schools by an influx and increase of people to the degree larger than the City's geographic limits, tax base or financial capabilities can reasonably and responsibly accommodate. The district is designed to preserve the unique character of this street. The OP-Duplex district affords protection from deleterious environmental effects and serves to maintain and protect the existing character and state of the Copeland Court walk street. Section 9036.2. Permitted Uses. The following uses shall be permitted in the OP-Duplex District: (a) Hospice facilities. - 22 - e e (b) Multi-family dwelling units. (c) One-story Accessory buildings and structures up to 14 feet in height. (d) Public parks and playgrounds. (e) single family dwellings placed on a permanent foundation (including manufactured housing). (f) Small family day care homes. (g) Yard sales, 1 imi ted to two per calendar year, for each dwelling unit, for a maximum of two days. section 9036.3. Uses Subiect to Performance Standards Permit. The following uses may be permitted in the OP-Duplex District subject to the approval of a Performance Standards Permit: (a) Large family day care homes. (b) One-story accessory living quarters, up to 14 feet in height, on a lot having a minimum area of 10,000 square feet. (c) Private tennis courts. (d) Senior group housing. Section 9036.4. Conditionally Permitted Uses. The following uses may be permitted in the OP-Duplex District subject to the approval of a Conditional Use Permit: (a) Bed and breakfast facilities. (b) Boarding houses. (c) Child day care centers. (d) community care facilities. (e) Libraries. (f) Neighborhood grocery stores. (g) Offices and meeting rooms for charitable, youth, and welfare organizations. (h) One-story accessory buildings over 14 feet in height or two story accessory buildings up to a maximum height of 24 feet. (i) Places of worship. - 23 - e e (j) Residential care facilities. (k) Rest homes. (l) Schools. (m) underground parking structures provided the lot was occupied by a surface parking lot at the time of adoption of this Chapter, the lot is not adjacent to a lot in the C2 District, the ground level above the underground parking structure is used for residential or public park and open space uses, the structure is associated with an adjacent commercially zoned lot, and the vehicle access to the underground parking is from the commercially zoned lot and as far from the residentially zoned lot as is reasonably possible. section 9036.5. Prohibited Uses: (a) Rooftop parking. (b) Any use not specifically authorized. section 9036.6. Property Development Standards. All property in the OP-Duplex District shall be developed in accordance with the following standards: (a) Maximum Building Height. Two stories, not to exceed 23 feet for a flat roof, or 30 feet for a pitched roof. A pitched roof is defined as a roof with at least 2 sides having no less than one foot of vertical rise for every three feet of horizontal run. (b) Maximum unit Density. Two units per lot. No more than one dwelling unit shall be permitted on a lot 4,000 square feet or less in size. (c) Maximum Lot Coveraqe. 50% for lots 4,001 square feet and larger. (d) Minimum Lot Size. 5,000 square feet. Each lot shall contain a minimum depth of 100 feet and a minimum width of 50 feet, except that lots existing on the effective date of this Chapter shall not be subject to this requirement. (e) Front Yard Setback. 30 feet measured from the center line of the walkway. (f) Rear Yard Setback. 15 feet. (g) Side Yard Setback. (1) The side yard setback for that portion of a building with a secondary window, blank wall, or primary window on a side yard facing the street (i.e., on a corner lot) shall be - 24 - e e determined in accordance with the following formula, subject to the exceptions set forth below: 5' + (stories x lot width) 50' (a) On lots of less than 50 feet in width, the side yard shall be 10% of the parcel width but not less than 4 feet. (b) On corner lots 50 feet or greater in width, the side yard setback facing a street shall be a minimum of 10 feet. Covered or uncovered stairways or porches not exceeding 35% of the building frontage on the side street may encroach 5 feet into the required side yard. (2) The side yard setback for that portion of a building with a primary window shall be as follows: (a) For lots less than 50 feet in width, a minimum setback of 8 feet shall be provided, as long as at all times a 12 foot separation exists between the primary window and any adjacent structures~ (b) For lots 50 feet or greater in width, a minimum setback of 12 feet shall be provided. (3) The second floor sideyard setback above a primary window shall not project more than 2 feet into the required side yard setback. (h) Buildinq Spacinq. Buildings that face each other on the same lot shall be separated by the following minimum distances: 15 feet if one building has primary windows facing the other~ 25 feet when the windows of primary spaces in both buildings face each other on the ground or second level, except 15 feet when they are - visually separated by a solid wall or opaque fence over 5 feet 6 inches in height; 10 feet when secondary windows face each other or when a secondary window faces a blank wall. (i) Landscaping. All areas driveways, and sidewalks are to landscaping. All new construction building permit shall be subject to 5B of this Article. not covered by buildings, be covered by appropriate that requires issuance of a the provisions of subchapter (j) Development Review. A Development Review Permit is required for any development of more than 15,000 square feet of floor area. section 9036.7. Architectural Review. All new construction, new additions to existing buildings, and any other exterior improvements that require issuance of a building permit - 25 - e e shall be subject to architectural review pursuant to the provisions of Chapter 5 of this Article. SECTION 5. Subchapter 4X is added to Chapter 1 of Article IX of the Santa Monica Municipal Code to read as follows: Subchapter 4X. District. OP-2 Ocean Park Low Multiple Residential section 9037.1. Purpose. The OP-2 District is intended to provide a low density multiple family residential neighborhood (to 22 dwelling units per gross residential acre) free of disturbing noises, excessive traffic, and hazards created by moving automobiles. The OP-2 district is designed to prevent burden on the public facilities, including sewer, water, electricity and schools by an influx and increase of people to the degree larger than the City's geographic limits, tax base or financial capabilities can reasonably and responsibly accommodate. The OP-2 district affords protection from deleterious environmental effects and serves to maintain and protect the existing character and state of the residential neighborhood. Section 9037.2. Permitted Uses. The following uses shall be permitted in the OP-2 District: (a) Hospice facilities. (b) Multi-family dwelling units. (c) One-story Accessory buildings and structures up to 14 feet in height. (d) Public parks and playgrounds. (e) Single family dwellings placed on a permanent foundation (including manufactured housing). (f) Small family day care homes. (g) Yard sales, limited to two per calendar year, for each dwelling unit, for a maximum of two days. Section 9037.3. Uses Subiect to Performance Standards Permit. The following uses may be permitted in the OP-2 District subject to the approval of a Performance Standards Permit: (a) Large family day care homes. (b) Private tennis courts. (c) Senior group housing. - 26 - e e no less than one foot of vertical rise for every three feet of horizontal run. (b) Maximum Unit Density. One dwelling unit for each 2,000 square feet of lot area. An additional unit shall be allowed if excess lot area equals or exceeds 1,000 square feet, after calculating the allowed number of units at 2,000 square feet of lot area per unit. The density on lots consolidated after the effective date of this Chapter with a total square footage greater than 10,000 square feet or exceeding a combined street frontage of 100 feet shall be one dwelling unit for each 2,500 square feet of combined lot area, except where 100% of the proposed units are deed restricted for very low, low, middle, and/or moderate income housing, in which case the density shall be one unit for each 2,000 square feet of lot area. No more than one dwelling unit shall be permitted on a lot 4,000 square feet or less in size. (c) Maximum Lot Coveraqe. 50% for lots 4,001 square feet and larger. 60% for development projects which comply with the density bonus provisions of section 9047.3. (d) Minimum Lot Size. 5,000 square feet. Each lot shall contain a minimum depth of 100 feet and a minimum width of 50 feet, except that lots existing on the effective date of this Chapter shall not be subject to this requirement. (e) Front Yard Setback. 20 feet or 15 feet if the average setback of adjacent dwelling(s) is 15 feet or less. A one-story, covered or uncovered porch, open on 3 sides may encroach 6 feet into a front yard with a 20 feet setback, if the roof does not exceed a height of 14 feet and the porch width does not exceed 40% of the building width at the front of the building. (f) Rear Yard Setback. 15 feet. (g) Side Yard Setback. (1) The side yard setback for that portion of a building with a secondary window, blank wall, or primary window on a side yard facing the street (i.e., on a corner lot) shall be determined in accordance with the following formula, subject to the exceptions set forth below: 5' + (stories x lot width) 50' (a) On lots of less than 50 feet in width, the side yard shall be 10% of the parcel width but not less than 4 feet. - 28 - e e (b) On corner lots 50 feet or greater in width, the side yard setback facing a street shall be a minimum of 10 feet. Covered or uncovered stairways or porches not exceeding 35% of the building frontage on the side street may encroach 5 feet into the required side yard. (2) The side yard setback for that portion of a building with a primary window shall be as follows: (a) For lots less than 50 feet in width, a minimum setback of 8 feet shall be provided, as long as at all times a 12 foot separation exists between the primary window and any adjacent structures; (b) For lots 50 feet or greater in width, a minimum setback of 12 feet shall be provided. (3) The second floor sideyard setback above a primary window shall not project more than 2 feet into the required side yard setback. (h) Building Spacing. Buildings that face each other on the same lot shall be separated by the following minimum distances: 15 feet if one building has primary windows facing the other; 25 feet when the windows of primary spaces in both buildings face each other on the ground or second level, except 15 feet when they are visually separated by a solid wall or opaque fence over 5 feet six inches in height; 10 feet when secondary windows face each other or when a secondary window faces a blank wall. ( i) Landscaping. All areas driveways, and sidewalks are to landscaping. All new construction building permit shall be subject to 5B of this Article. not covered by buildings, be covered by appropriate that requires issuance of a the provisions of subchapter (j ) Usable Private Open Space. All ground -level units shall have the following minimum amounts of usable private open space per unit: 100 square feet for projects consisting of at least 2 but not more than 7 dwelling units, and 50 square feet for projects of 8 units or more. Private open space shall incl ude a deck, yard, patio or combination thereof, which is adjacent to, accessible from, and at the same or approximate elevation as one or more primary spaces. The minimum dimension of at least one such private open space shall be no less than 7 feet in any dimension. Private open space shall be screened from common open space, driveways and adjacent properties by a substantially opaque wall or fence a minimum of 3 feet 6 inches and a maximum of 6 feet in height, except in the front yard setback area. Required private open space may be reduced by one square foot for each additional square foot of common open space added but in no case leaving less than 50 feet of required private space. - 29 - e e All second floor units shall have a balcony or deck of 50 square feet or more, with a minimum dimension of no less than 7 feet in any dimension, which is adjacent to, accessible from, and at the same or approximate elevation as one or more primary spaces of the unit to be served. Roof decks do not meet this requirement. The railing of the balcony or deck shall be substantially opaque to protect the privacy of occupants. First floor private open space may project into the entire width of the side yard, and 10 feet into the required depth of the rear yard. Private open space may project 6 feet into the required front yard as long as its width does not exceed 30% of the building width at the front of the building. (k) Usable Common Open Space. Projects of four or more units shall include a minimum of 100 square feet per unit of usable common open space, accessible and available to all project residents for outdoor activities. Courtyards, entry areas for two or more units, lawns and play spaces which are physically separated from private open space, and active recreation spaces such as swimming pools and sports courts, shall count toward fulfillment of this requirement. The rear yard may count toward fulfillment of the common open space requirement, provided it is usable and accessible. Side yards and portions of driveways which are decorated or interspersed with lawn or other acceptable groundcover may meet a portion of the requirement, subj ect to archi tectural review, pursuant to Subchapter 5. The minimum dimension of at least one area of common open space shall be 10 feet in any direction. Any practical combination of lawn, paving, decking, concrete or other serviceable dust-free material shall be used to surface common open space areas, with a slope of not more than 5%. A minimum of thirty percent (30%) of the common open space area shall include lawn or other acceptable groundcover. Required open space may not include public or private streets, driveways, or utility easements where the ground surface cannot be used appropriately for open space or front yards. Required common open space may be reduced by one square foot for each additional square foot of private open space added beyond the required private open space. (l) Development Review. A Development Review Permit is required for any development of more than 15,000 square feet of floor area. section 9037.7. Architectural Review. All new construction, new additions to existing buildings, and any other exterior improvements that require issuance of a building permit shall be subject to architectural review pursuant to the provisions of subchapter 58 of this Article. - 30 - e . SECTION 6. Subchapter 4Y is added to Chapter 1 of Article IX of the Santa Monica Municipal Code to read as follows: Subchapter 4Y. OP-3 Ocean Park Medium Multiple Residential District Section 9038.1. Purpose. The OP-3 District is intended to provide a medium density multiple family residential neighborhood (to 29 dwelling units per gross residential acre) free of disturbing noises, excessive traffic, and hazards created by moving automobiles. The OP-3 district is designed to prevent burden on the public facilities, including sewer, water, electricity and schools by an influx and increase of people to the degree larger than the city's geographic limits, tax base or financial capabilities can reasonably and responsibly accommodate. The OP-3 district affords protection from deleterious environmental effects and serves to maintain and protect the existing character and state of the residential neighborhood. section 9038.2. Permitted Uses. The following uses shall be permitted in the OP-3 District: (a) Hospice facilities. (b) Multi-family dwelling units. (c) One-story Accessory buildings and structures up to 14 feet in height. (d) Public parks and playgrounds. (e) Residential care facilities. (f) Single family dwellings placed on a permanent foundation (including Manufactured housing). (g) Small family day care homes. (h) Yard sales, limited to two per calendar year, for each dwelling unit, for a maximum of two days. section 9038.3. Uses subject to Performance Standards Permit. The following uses may be permitted in the OP-3 District subject to the approval of a Performance Standards Permit: (a) Large family day care homes. (b) One-story accessory living quarters, up to 14 feet in height, on a lot having a minimum area of 10,000 square feet. (c) Private tennis courts. - 31 - e e (d) Senior group housing. section 9038.4. Conditionally Permitted Uses. The following uses may be permitted in the OP-3 District subject to the approval of a Conditional Use Permit: (a) Bed and breakfast facilities. (b) Boarding houses. (c) Child day care centers. (d) Community care facilities. (e) Places of Worship. (f) Neighborhood grocery stores. (g) Offices and meeting rooms for charitable, youth, and welfare organizations. (h) One-story accessory buildings over 14 feet in height or two story accessory buildings up to a maximum height of 24 feet. (i) Residential care facilities. (j) Rest homes. (k) Schools. (1) Underground parking structures provided the lot was occupied by a surface parking lot at the time of adoption of this Chapter, the lot is not adjacent to a lot in the C2 District, the ground level above the underground parking structure is used for residential or public park and open space uses, the structure is associated with an adjacent commercially zoned lot, and the vehicle access to the underground parking is from the commercially zoned lot and as far from the residentially zoned lot as is reasonably possible. section 9038.5. Prohibited Uses: (a) Rooftop parking. (b) Any use not specifically authorized. Section 9038.6. Property Development standards. All prop- erty on the OP-3 District shall be developed in accordance with the flolowing standards: (a) Maximum Buildinq Heiqht. Two stories, not to exceed 23 for a flat roof, or 30 feet for a pitched roof. A pitched - 32 - e e roof is defined as a roof with at least two sides having no less than one foot of vertical rise for every three feet of horizontal run. (b) Maximum Unit Density. One dwelling unit for each 1,500 square feet of lot area. An additional unit shall be allowed if excess lot area equals or exceeds 750 square feet, after calculating the allowed number of units at 1,500 square feet of lot area per unit. The density on lots consolidated after the effective date of this Chapter with a total square footage greater than 15,000 square feet or exceeding a combined street frontage of 150 feet shall be one dwelling unit for each 2,000 square feet of combined lot area, except where 100% of the proposed units are deed restricted for very low, low, middle, and/or moderate income housing, in which case the density shall be one unit for each 1,500 square feet of lot area. No more than one dwelling unit shall be permitted on a lot 4,000 square feet or less in size. (c) Maximum Lot Coveraqe. 50% for lots 4,001 square feet and larger. 60% for development proj ects of 6 uni ts or more which comply with the density bonus provisions of section 9047.3. (d) Minimum Lot Size. 5,000 square feet. Each lot shall contain a minimum depth of 100 feet and a minimum width of 50 feet, except that lots existing on the effective date of this Chapter shall not be subject to this requirement. (e) Front Yard Setback. 20 feet or 15 feet if the average setback of adjacent dwelling(s) is 15 feet or less. A one-story, covered or uncovered porch open on three sides may encroach 6 feet into a front yard with a 20 feet setback, if the roof does not exceed a height of 14 feet and the porch width does not exceed 40% of the building width at the front of the building. (f) Rear Yard Setback. 15 feet. (g) side Yard Setback. (1) The side yard setback for that portion of a building with a secondary window, blank wall, or primary window on a side yard facing the street (i.e., on a corner lot) shall be determined in accordance with the following formula, subject to the exceptions set forth below: 5' + (stories x lot width) 50' (a) On lots of less than 50 feet in width, the side yard shall be 10% of the parcel width but not less than 4 feet. - 33 - e e (b) On corner lots 50 feet or greater in width, the side yard setback facing a street shall be a minimum of 10 feet. Covered or uncovered stairways or porches not exceeding 35% of the building frontage on the side street may encroach 5 feet into the required side yard. (2) The side yard setback for that portion of a building with a primary window shall be as follows: (a) For lots less than 50 feet in width, a minimum setback of 8 feet shall be provided, as long as at all times a 12 foot separation exists between the primary window and any adjacent structures; (b) For lots 50 feet or greater in width, a minimum setback of 12 feet shall be provided. (3) The second floor sideyard setback above a primary window shall not project more than 2 feet into the required side yard setback. (h) Buildinq Spacinq. Buildings that face each other on the same lot shall be separated by the following minimum distances: 15 feet if one building has primary windows facing the other; 25 feet when the windows of primary spaces in both buildings face each other on the ground or second level, except 15 feet when they are visually separated by a solid wall or opaque fence over 5 feet six inches in height; 10 feet when secondary windows face each other or when a secondary window faces a blank wall. (i) Landscapinq. All areas not covered by buildings, driveways, and sidewalks are to be covered by appropriate landscaping. All new construction that requires issuance of a building permit shall be subject to the provisions of subchapter 55 of this Article. (j) Usable Private Open Space. All ground-level units shall have the following minimum amounts of usable private open space per unit: 100 square feet for proj ects consisting of at least 2 but not more than 7 dwelling units, and 50 square feet for proj ects of 8 units or more . Private open space shall include a deck, yard, patio or combination thereof, which is adj acent to, accessible from, and at the same or approximate elevation as one or more primary spaces. The minimum dimension of at least one such private open space shall be no less than 7 feet in any dimension. Private open space shall be screened from common open space, driveways and adjacent properties by a substantially opaque wall or fence a minimum of 3 feet 6 inches and a maximum of 6 feet in height, except in the front yard setback area. Required private open space may be reduced by one square foot for each additional square foot of common open space added but in no case leaving less than 50 feet of required private space. - 34 - e e All second floor units shall have a balcony or deck of 50 square feet or more, with a minimum dimension of no less than 7 feet in any dimension, which is adjacent to, accessible from, and at the same or approximate elevation as one or more primary spaces of the unit to be served. Roof decks do not meet this requirement. The railing of the balcony or deck shall be substantially opaque to protect the privacy of occupants. First floor private open space may project into the entire width of the side yard, and 10 feet into the required depth of the rear yard. Private open space may project 6 feet into the required front yard as long as its width does not exceed 30% of the building width at the front of the building. (k) Usable Common Open Space. Projects of four or more units shall include a minimum of 100 square feet per unit of usable common open space, accessible and available to all project residents for outdoor activities. Courtyards, entry areas for two or more units, lawns and play spaces which are physically separated from private open space, and active recreation spaces such as swimming pools and sports courts, shall count toward fulfillment of this requirement. The rear yard may count toward fulfillment of the common open space requirement, provided it is usable and accessible. Side yards and portions of driveways which are decorated or interspersed with lawn or other acceptable groundcover may meet a portion of the requirement, subj ect to archi tectural review, pursuant to Subchapter 5. The minimum dimension of at least one such space shall be 10 feet in any direction. Any practical combination of lawn, paving, decking, concrete or other serviceable dust-free material shall be used to surface common open space areas, with a slope of not more than 5%. A minimum of thirty percent (30%) of the common open space area shall include lawn or other acceptable groundcover. Required open space may not include public or private streets, driveways, or utility easements where the ground surface cannot be used appropriately for open space or front yards. Required common open space may be reduced by one square foot for each additional square foot of private open space added beyond the required private open space. (l) Development Review. A Development Review Permit is required for any development of more than 15,000 square feet of floor area. section 9038.7. Architectural Review. All new construction, new additions to existing buildings, and any other exterior improvements that require issuance of a building permit shall be subject to architectural review pursuant to the provisions of Chapter 5 of this Article. - 35 - e e SECTION 7. Subchapter 4Z is added to Chapter 1 of Article IX of the Santa Monica Municipal Code to read as follows: Subchapter 4Z. OP-4 Ocean Park Hiqh Multiple Residential District. Section 9039.1. Purpose. The OP-4 District is intended to provide a medium density multiple family residential neighborhood (to 35 dwelling units per gross residential acre) free of disturbing noises, excessive traffic, and hazards created by moving automobiles. The OP-4 district is designed to prevent burden on the public facilities, including sewer, water, electricity and schools by an influx and increase of people to the degree larger than the City'S geographic limits, tax base or financial capabilities can reasonably and responsibly accommodate. The OP-4 district affords protection from deleterious environmental effects and serves to maintain and protect the existing character and state of the residential neighborhood. Section 9039.2. Permitted Uses. The following uses shall be permitted in the OP-4 District: (a) Hospice facilities. (b) MUlti-family dwelling units. (c) One-story Accessory buildings and structures up to 14 feet in height. (d) Public parks and playgrounds. (e) Single family dwellings placed on a permanent foundation (including Manufactured housing). (f) Small family day care homes. (g) Yard sales, limited to two per calendar year, for each dwelling unit, for a maximum of two days. Section 9039.3. Uses Subiect to Performance Standards Permit. The following uses may be permitted in the OP-4 District subject to the approval of a Performance Standards Permit: (a) Large family day care homes. (b) One-story accessory living quarters, up to 14 feet in height, on a lot having a minimum area of 10,000 square feet. (c) Private tennis courts. (d) Senior group housing. - 36 - e e Section 9039.4. Conditionally Permitted Uses. The follow- ing uses may be permitted in the OP-4 District subj ect to the approval of a Conditional Use Permit: (a) Bed and breakfast facilities. (b) Boarding houses. (c) Child day care centers. (d) Clubs or lodges. (e) Community care facilities. (f) Libraries. (g) Municipal parking structures. (h) Neighborhood grocery stores. (i) Offices and meeting rooms for charitable, youth, and welfare organizations. (j) One-story accessory buildings over 14 feet in height or two story accessory buildings up to a maximum height of 24 feet. (k) Places of worship. (1) Residential care facilities. (m) Rest homes. (n) Schools. (0) Shelters for the homeless. (p) Underground parking structures provided the lot was occupied by a surface parking lot at the time of adoption of this Chapter, the lot is not adjacent to a lot in the C2 District, the ground level above the underground parking structure is used for residential or public park and open space uses, the structure is associated with an adjacent commercially zoned lot, and the vehicle access to the underground parking is from the commercially zoned lot and as far from the residentially zoned lot as is reasonably possible. section 9039.5. Prohibited Uses: (a) Rooftop parking. (b) Any use not specifically authorized. - 37 - e e Section 9039.6. Property Development Standards. All property on the OP-4 Ocean Park High Multiple Residential District shall be developed in accordance with the following standards: (a) Maximum Buildinq Heiqht. 3 stories, not to exceed 35 feet as measured from theoretical grade. (b) Maximum Unit Density. One dwelling unit for each 1,250 square feet of lot area. An additional unit shall be allowed if excess lot area equals or exceeds 625 square feet, after calculating the allowed number of units at 1,250 square feet of lot area per unit. (c) Maximum Lot Coverage. 50% for lots 4,001 square feet and larger. 60% for development projects which comply with the density bonus provisions of section 9047.3. (d) Minimum Lot Size. 5,000 square feet. Each lot shall contain a minimum depth of 100 feet and a minimum width of 50 feet, except that lots existing on the effective date of this Chapter shall not be subject to this requirement. (e) Front Yard Setback. 15 feet minimum, or 10 feet minimum if the average setback of adjacent dwelling(s) is 10 feet or less. An open one-story, covered or uncovered porch open on three sides may encroach 6 feet into a front yard with a 15 foot setback, if the roof does not exceed a height of 14 feet and the porch width does not exceed 40% of the building width at the front of the building. (f) Rear Yard Setback. 15 feet. (g) Side Yard Setback. (1) The side yard setback for that portion of a building with a secondary window, blank wall, or primary window on a side yard facing the street (i.e., on a corner lot) shall be determined in accordance with the following formula, subject to the exceptions set forth below: 5' + (stories x lot width) 50' (a) On lots of less than 50 feet in width, the side yard shall be 10% of the parcel width but not less than 4 feet. (b) On corner lots 50 feet or greater in width, the side yard setback facing a street shall be a minimum of 10 feet. Covered or uncovered stairways or porches not exceeding 35% of the building frontage on the side street may encroach 5 feet into the required side yard. (2) The side yard setback for that portion of a building with a primary window shall be as follows: - 38 - e e (a) For lots less than 50 feet in width, a minimum setback of 8 feet shall be provided, as long as at all times a 12 foot separation exists between the primary window and any adjacent structures; (b) For lots 50 feet or greater in width, a minimum setback of 12 feet shall be provided. (3) The second floor sideyard setback above a primary window shall not project more than 2 feet into the required side yard setback. (h) Building Spacing. Buildings that face each ot~e~ on the same lot shall be separated by the following mlnlmum distances: 15 feet if one building has primary windows facing the other; 25 feet when the windows of primary spaces in both buildings face each other on the ground or second level, except 15 feet when they are visually separated by a solid wall or opaque fence over 5 feet six inches in height; 10 feet when secondary windows face each other or when a secondary window faces a blank wall. (i) Landscapinq. All areas not covered by buildings I driveways, and sidewalks are to be covered by appropriate landscaping. All new construction that requires issuance of a building permit shall be subject to the provisions of subchapter 5B of this Article. (j) Usable Private Open Space. All ground-level units shall have the following minimum amounts of usable private open space per unit: 100 square feet for projects consisting of at least 2 but not more than 7 dwelling units, and 50 square feet for projects of 8 units or more. Private open space shall include a deck, yard, patio or combination thereof, which is adjacent to, accessible from, and at the same or approximate elevation as one or more primary spaces. The minimum dimension of at least one such private open space shall be no less than 7 feet in any dimension. Private open space shall be screened from common open space, driveways and adjacent properties by a substantially opaque wall or fence a minimum of 3 feet 6 inches and a maximum of 6 feet in height, except in the front yard setback area. Required pri vate open space may be reduced by one square foot for each additional square foot of common open space added but in no case leaving less than 50 feet of required private space. All second floor units shall have a balcony or deck of 50 square feet or more, with a minimum dimension of no less than 7 feet in any dimension, which is adjacent to, accessible from, and at the same or approximate elevation as one or more primary spaces of the unit to be served. Roof decks do not meet this requirement. The railing of the balcony or deck shall be substantially opaque to protect the privacy of occupants. - 39 - e e First floor private open space may project into the entire width of the side yard, and 10 feet into the required depth of the rear yard. Private open space may project 6 feet into the required front yard as long as its width does not exceed 30% of the building width at the front of the building. (k) Usable Common Open Space. Projects of four or more units shall include a minimum of 100 square feet per unit of usable common open space, accessible and available to all project residents for outdoor acti vi ties. Courtyards, entry areas for two or more units, lawns and play spaces which are physically separated from private open space, and active recreation spaces such as swimming pools and sports courts, shall count toward fulfillment of this requirement. The rear yard may count toward fulfillment of the common open space requirement, provided it is usable and accessible. Side yards and portions of driveways which are decorated or interspersed with lawn or other acceptable groundcover may meet a portion of the requirement, subj ect to archi tectural review, pursuant to Subchapter 5. The minimum dimension of at least one such space shall be 10 feet in any direction. Any practical combination of lawn, paving, decking, concrete or other serviceable dust-free material shall be used to surface common open space areas, with a slope of not more than 5%. A minimum of thirty percent (30%) of the common open space area shall include lawn or other acceptable groundcover. Required open space may not include public or private streets, driveways, or utility easements where the ground surface cannot be used appropriately for open space or front yards. Required CO!Jl.'mon open space may be reduced by one square foot for each additional square foot of private open space added beyond the required private open space. (1) Development Review. A Development Review Permit is required for any development of more than 15,000 square feet of floor area. Section 9039.7. Architectural Review. All new construction, new additions to existing buildings, and any other exterior improvements that require issuance of a building permit shall be subject to architectural review pursuant to the provisions of subchapter 5B of this Article. SECTION 8. Section 9040.3 of the Santa Monica Municipal Code is amended to read as follows: section 9040.3. Buildinq Heiqht and Exceptions to Height Limit. (a) vertically The from maximum allowable height shall be measured the average natural grade elevation to the - 40 - e e highest point of the roof. However, in connection with development projects in the Ocean Park Districts, building height shall be measured vertically from the theoretical grade to the highest point of the roof. (b) The following shall he permitted to exceed the height limit in all zoning districts except the R1 District: (1) Vents, stacks, ducts, skylights and steeples provided such proj ections do not extend more than 5 feet above the permitted height in the District. (2) Legally required parapets, fire separation walls, and open work safety guard rails that do not exceed 42 inches in height. (3) Elevator shafts, stairwells, or mechanical room enclosures above the roofline if: a. The enclosure is used exclusively for housing the elevator, mechanical equipment, or stairs. b. The elevator shaft does not exceed 14 feet in height above the roofline and the stairwell enclosure does not exceed 14 feet in height above the height permitted in the district. c. The area of all enclosures structures identified in 9040.3(b)(1) that extend roofline shall not exceed 25% of the roof area. and other above the d. The mechanical equipment is screened in conformance with Section 9040.14. exceed 12 district. e. The mechanical equipment enclosure does not feet in height above the height permitted in the (4) The screening required pursuant to the provisions of Section 9040.14 of tanks, ventilating fans, or other mechanical equipment required to operate and maintain the building provided the total area enclosed by all screening does not exceed 30% of the roof area. (5) In all districts, chimneys may extend no more than tive feet above the permitted height in the district. SECTION 9. Section 9040.10 of the Santa Monica Municipal Code is amended to read as follows: Section 9040.10. One-Story Accessory Buildinq (14 Feet Maximum Height). No accessory building in a residential district shall be erected, structurally altered, converted, enlarged, moved, or maintained unless such accessory building is located on the lot in conformance with the following regulations. Accessory - 41 - e . buildings shall include greenhouses, storage sheds, workshops, garages, and other structures that are detached from the main building. (a) The accessory building shall be located on the rear half of the lot and shall not extend into the required side yards. (b) The accessory building may be located in a required rear yard, but shall be at least 5 feet from any lot line. A garage or garage portion of an accessory building may extend up to one interior side property line on the rear 35 feet of a lot. A garage or garage portion of an accessory building may extend to the rear property line abutting an alley provided vehicle access is not taken from the alley. (c) The accessory building shall be located not less than 15 feet from the center line of a rear alley. (d) On a reversed corner lot, the accessory building shall not be located nearer to the street side lot line of such corner lot than one-half of the front yard depth required on the key lot, nor be located nearer than five feet to the side lot line of any key lot. (e) Any accessory building on a through lot shall not proj ect into any front yard and shall not be located in any required side yard. (f) Where the elevation of the ground at a point 50 feet from the front lot line of a lot and midway between the side lot lines differs 12 feet or more for the curb level, a private garage, not exceeding one-story nor 14 feet in height r may be located within the required front yard, provided every portion of the garage building is at least five feet from the front property line and does not occupy more than 50% of the width of the front yard. In all OP-Oistricts, a garage or garage entrance on a lot with a theoretical grade change of 10 feet or more may be set back a distance equal to the average garage setback of adjacent garage(s) but not less than five (5) feet, when the garage width does not exceed 20 feet and the height does not exceed eleven (11) feet for a flat roof and fourteen (14) feet for a pitched roof. (g) Accessory living quarters shall be permitted only on R1 lots of 10,000 square feet or more pursuant to the provisions of section 9050.8. No kitchen or full bath containing a shower or tub enclosure shall be permitted. However, if there is a swimming pool or spa located on the premises, a shower which is outside or which is accessed only from the outside may be permitted. - 42 - e e (h) No accessory building, including accessory living quarters, shall have kitchen facilities or be rented or otherwise used as a separate dwelling. SECTION 10. Section 9040.17 of the Santa Monica Municipal Code is amended to read as follows: Section 9040.17. Unexcavated Area in Side Yards. On any lot in the R2, R3, R4, RVC, OP-2, OP-3, OP-4, and BCD Districts, or any commercial or industrial lot which directly abuts a residentially zoned lot not used for commercial parking purposes, having a width of 50 feet or greater, there shall be provided and maintained an unexcavated area equal to 4 feet in width along the entire length of at least one of the side property lines and for lots in excess of 70 feet in width, the unexcavated area shall be provided and maintained along the entire length of both side property lines. Subterranean, semi-subterranean parking structures, basements, and other subterranean facilities may not proj ect into any portion of the required unexcavated area. At least 50% of the surface area of the unexcavated area shall be landscaped pursuant to the provisions of Subchapter 5B. On any lot in an OP-District that has a width of less than fifty (50) feet, and which is developed with at least three (3) units, no side yard setback for subterranean or semi-subterranean parking structures or basements is required. However, at least fifty percent (50%) of the excavated area shall be landscaped with appropriate groundcover and plant materials in containers. SECTION 11. Section 9040.18 of the Santa Monica Municipal Code is amended to read as follows: section 9040.18. proiections Permitted into Required Yards. The following chart sets forth the allowances for various proj ections permitted into the required yards in res idential , industrial, and commercial districts. Projections shall not be permitted closer than 4 feet to any property line. Projections as listed below into existing, non-conforming yard areas shall be permitted only if the projection does not extend closer to the property line than would be permitted if the yard area conformed to current standards. The various types of projections and the limitations on such projections into required yards are as follows: Projections Front Yard street Side Yard Interior side Yard Rear Yard Eaves, awnings, canopies, sun shades, sills, cornices, belt courses, trellises, arbors, and other 30" 30" 18" 4' - 43 - e similar architectural features Flues, chimneys, water heater enclosures, and similar vertical architectural projections not more than 5' wide parallel to the side yard and that do not exceed 20% of the facade width Patios, porches, 6' platforms, decks, unexcavated side yard area, and other unenclosed areas not covered by a roof or canopy and that may be raised above the level of the adjacent grade but do not extend more than 3' above the average natural grade Balconies, and stairways that are open, unenclosed on at least two sides Greenhouse windows and bay windows that are not greater than 6' wide parallel to the side yard Required fire escapes Porte cochere not more than 20' long and open on three sides except for necessary structural supports and not more than 16 feet in height. e 18" 18" 18" 18" For structures with conforming setbacks 12" 12" 12" 12" For structures with non-conforming setbacks 6' No Limit 6' 30" 30" 0' 4' 18" 18" 18" 18" Provided the structure has a conforming setback Not permitted 12" or 2" 4' per l' of required side yard whichever is greater Not permitted in front yard. Permitted in side and rear yard. - 44 - e Mail box canopy not more than 10' long. Recreational vehicle storage, central air conditioning, swimming pool, spa equipment. Second floor decks, patios or balconies, covered or uncovered, adjacent to primary living spaces in OP- Districts. e 30" 30" 4' 30" Not permitted in front or side yard areas. Permitted anywhere in rear yard area. 30" 30" 4' 30" SECTION 12. Section 9040.41 is added to the Santa Monica Municipal Code to read as follows: section 9040.41. Roof Decks in the OP-Districts. In the OP-Districts, the handrail surrounding a roof deck shall be set back from the side yard a minimum of 8 feet. SECTION 13. section 9041.2 of the Santa Monica Municipal Code is amended to read as follows: Section 9041.2 Applicability. In all districts except the Ri and R2R residential districts, but including the RIA lots developed for parking uses, no building, structure, parking lot, storage yard, or other site improvements shall be erected, constructed, converted, established, altered, remodeled, enlarged, or otherwise modified, nor shall any lot or premises be used or occupied until such time as the premises are suitably landscaped in accordance with this Subchapter. In the RiA, OP-iA, OP-2A, OP-3A, and OP-4A Districts, lots developed for parking uses, prior to issuance of a building permit, landscaping and irrigation plans shall be submitted to the Archi tectural Review Board for review and approval in a manner prescribed by the Zoning Administrator. An existing building non-conforming as to site landscape standards may be modified without complying with these standards provided that the building is not substantially remodeled. SECTION 14. Section 9041.6 of the santa Monica Municipal Code is amended to read as follows: Section 9041.6. sites. Required Landscape Area for Buildinq (a) districts, In all residential districts, including the R1 and R2R but excluding the OP-1, OP-Duplex, OP-2, OP-3, and - 45 - e e OP-4 Districts, a minimum of 50% of the required front yard setback shall be landscaped. In OP-1, OP-2, OP-3, and OP-4 Districts, all areas not covered by sidewalks, driveways, porches, garages, or buildings, shall be treated as landscaped area, as defined in this Chapter. (b) In all commercial districts, all new construction or substantial remodeling of the existing improvements on the lot shall provide and maintain a landscaped area averaging at least 10 feet, but at no point less than 5 feet, adjacent to and visible from all public street rights-of-way. (c) For all new construction or major remodeling in the C5 Special Official District, a landscaped area at least 15 feet wide shall be provided and maintained immediately adjacent to all property lines adjacent to streets or rights-of-way except in required driveway or other access areas. SECTION 15. Section 9044.10 of the Santa Monica Municipal Code is amended to read as follows: Section 9044.10. Driveways. (a) For purposes of this section: (1) A driveway is defined as an access drive leading from a public street or right-of-way to a parking area, or from one parking area to another, but not including any ramp, aisle, maneuvering area or driveway approach. (2) A single vehicle in either direction, and a double driveway is a driveway designed to accommodate two vehicles at the same time in opposite directions. (3) A ramp is defined as an access driveway leading from one parking level to another. (b) Driveways in the R1 Single Family District and the OP-1 Single Family District shall not be less than 10 feet in width. The driveway width shall be maintained free and clear of all obstructions. (c) In the R2, R3, R4, RVC, OP-1, OP-Duplex, OP-2, OP-3, OP-4, and MXD Districts, driveways shall conform to the following standards: Single Driveway 10 foot minimum Double Driveway 20 foot minimum The minimum number and type of driveways required to be provided shall be determined based on the number of parking spaces contained in any given parking area according to the following standard: - 46 - e e 1 single driveway 1 double driveway 2 double driveways number and type of driveway to be approved Traffic Engineer. The driveway width shall be maintained free and clear of all obstructions. 1 to 20 spaces 21 to 40 spaces 41 to 80 spaces 81 spaces and over (d) In all commercial and industrial districts, driveways shall conform to the following standards: Single Driveway Double Driveway 12 foot minimum 20 foot minimum The minimum number and type of driveway required to be provided shall be determined on the number of parking spaces contained in any given parking area according to the following standard: 1 to 20 spaces 21 to 40 spaces 41 to 80 spaces 81 spaces and over 1 single driveway 1 double driveway 2 double driveways number and type of driveway to be approved Traffic Engineer. The driveway width shall be maintained free and clear of all obstructions. (e) In all districts, ramps with one-way traffic shall be not less than 14 feet in width and ramps with two way traffic shall be not less than 20 feet in width. (f) In all districts where mature street trees exist, the Zoning Administrator and the parking and Traffic Engineer may reduce the driveway width as necessary and practical to preserve the existing street trees. SECTION 16. Section 9044.21 of the Santa Monica Municipal Code is amended to read as follows: Section 9044.21. Semi-Subterranean Parking Structures. A parking structure shall be considered to be semi-subterranean if the structure is partially underground and if the finished floor of the first level of the building or structure above the parking structure does not exceed three feet above the average natural or existing grade of the lot, except for openings for ingress and egress. A semi-subterranean parking structure shall not be counted as a floor or story for calculating building height. All semi-subterranean parking structures shall be constructed and maintained as follows: - 47 - . e (a) All openings for ingress and egress facing the front lot line shall be situated at or behind the front building line of the main building, except for the OP-1, OP-Duplex, OP-2, OP-3, and OP-4 Districts where front yard setback standards apply. There shall be no more than two openings facing the front lot line for each main building. (b) On lots less semi-subterranean parking property lines. than 50 feet in structure may extend width, to both the side (c) Exits from any semi-subterranean parking shall provide sight distance which comply with established by the Parking and Traffic Engineer. structure standards SECTION 17. Subchapter 5H is added to Chapter 1 of Article IX of the Santa Monica Municipal Code to read as follows: Subchapter 5H. Density Bonuses. section 9047.1. Purpose. The City supports the development of affordable housing in all mUltiple residential districts, consistent with the purposes of those districts, including prevention of traffic congestion and maintenance of the existing character and state of neighborhoods. The standards outlined in this subchapter are intended to allow for the inclusion of affordable rental housing within market-rate multiple family housing projects. proposed projects may include more units than allowed by right under each district's property development standards, provided that all additional uni ts are made available to lower income households as required by this subchapter. In addition to density bonuses permitted by state law, the City desires to have special density bonuses for the Ocean Park Districts. Section 9047.2. Ocean Park Density Bonuses. Density bonuses shall be awarded for affordable housing projects in the following districts according to the following formulas: (a) OP-2 District. Projects of 4 or more units may be developed with up to 75% more units than allowed by the district density standards when all of the density bonus units are permanently deed-restricted for low income households. projects of 3 units may receive a bonus of one unit when the density bonus uni t is permanently deed-restricted for a middle income household. A density bonus of 25% as mandated by the state of California is available for projects of 5 or more units, which meet state requirements, but do not meet the standards of this subsection. (b) OP-3 and OP-4 Districts. Projects of 4 or more units may be developed with 50% more units than allowed by the district density standards when all of the density bonus units are - 48 - e e permanently deed-restricted for low income households. Projects of 3 or 4 units may receive a bonus of one unit when the density bonus unit is permanently deed-restricted for a middle income household. A density bonus of 25% as mandated by the state of Cal ifornia is available for proj ects of 5 or more units, which meet state requirements, but do not meet the standards of this subsection. (c) In calculating density bonus units, all fractional units shall be rounded up to the next highest whole number of units. SECTION 18. Section 9113.3 of the Santa Monica Municipal Code is amended to read as follows: Section 9113.3. Applicability. The Zoning Administrator may grant a variance from the requirements of this Chapter to: (a) Permit modification of the minimum lot sizes, mlnlmum lot dimensions, and lot coverage regulations as may be necessary to secure an appropriate improvement on the lot. (b) Permit the reduction of the automobile parking space or loading space requirements. (c) In residential districts, permit the addition or enlargement of an existing building, non-conforming as to yard setbacks on lots less than 5,000 square feet, provided that the addition or enlargement does not exceed 25 per cent (25%) of the floor area of the existing non-conforming building and provided that it is not a second floor addition to a structure in the R1 District. (d) Permit the modification of fence heights in commercial and residential districts. (e) Permit the modification of yard setbacks on irregularly shaped lots or lots where the elevation of the ground at a point 50 feet from the front lot line of a lot and midway between the side lot lines differs 12 1/2 feet or more from the curb level. (f) Permit the modification of the sideyard setback for primary windows in the OP-2, OP-3, and OP-4 Districts when the imposition of the required setback would severely constrain development on the proj ect, and an al ternati ve setback would still satisfy private open space requirements and maintain privacy for the occupants of the project. SECTION 19. Subchapter lOP is added to Chapter 1 of Article IX of the Santa Monica Municipal Code to read as follows: Subchapter lOP. Yard Modification Permits. - 49 - e . Section 9151.1. Purpose. A yard modification permit is intended to permit a reduction in the minimum side yard, rear yard, or building spacing, in order to accommodate housing development on the rear portion of lots in the OP-2, OP-3, and OP-4 zone districts where the front portion of the lot is occupied by an existing single family dwelling. Retention of existing single family dwellings is encouraged by allowing variations in selected property development standards for new dwellings. Section 9151.2. Application. An application for a yard modification permit in the OP-2, OP-3, or OP-4 District shall be filed in a manner consistent with the requirements contained in subchapter 10J. Section 9151.3. Applicability. The Zoning Administrator may grant a yard modification permit for a project in the OP-2, OP-3, or OP-4 District according to the following minimum standards for lots where there is an existing single family dwelling: (a) Minimum Side Yard. The m~nl.mUm side yard setback shall be 3 feet, if privacy, sunlight, and air circulation are not jeopardized for neighboring land uses or future project occupants. (b) Minimum Buildinq Spacinq. The minimum spacing between the existing single family dwelling and new housing, or between two new structures on the lot, shall be 10 feet. (c) Minimum Rear Yard. The minimum rear yard setback shall be 5 feet for lots without alley access. The minimum rear yard setback for lots with alley access shall be not less than 15 feet from the centerline of the alley. (d) Architectural Compatibility. New housing should be designed to be compatible in scale, character and use of materials with the existing single family dwelling. (e) Retention of Single Family Dwellinq. The existing single family dwelling shall be retained and will not undergo a substantial remodel. section 9151.4. Hearings and Notice. Subject to the provisions of section 9131.2, upon receipt in proper form of a Yard Modification Permit Application, a public hearing before the Zoning Administrator shall be set not less than 10 days nor more than 60 days after the application is determined to be complete, and notice of such hearing shall be given to all property owners and tenants within 300 feet of the exterior boundaries of the property involved in a manner consistent with Subchapter 10K. - 50 - e . section 9151.5. Commencement of Use. The rights granted by the Yard Modification Permit shall be effective only when exercised within the period established as a condition of granting the Yard Modification Permit or, in the absence of such established time period, one year from the date the permit becomes effective. This time limit may be extended by the Zoning Administrator for good cause for a period not to exceed 6 months upon written request by the applicant. Section 9151.6. Revocation. The Zoning Administrator may, or upon direction from the Planning Commission, revoke any approved Yard Modification Permit in accordance with the following procedures: (a) A revocation hearing shall be held by the Zoning Administrator. Notice of the hearing shall be published once in a newspaper of general circulation within the city and shall be served either in person or by registered mail on the owner of the property and on the permit holder at least 10 days prior to such hearing. The notice of hearing shall contain a statement of the specific reasons for revocation. (b) After the hearing, a Yard Modification Permit may be revoked by the Zoning Administrator, or by the Planning Commission on appeal or review, if anyone of the following findings are made: (1) That the Yard Modification Permit was obtained by misrepresentation or fraud. (2) That the use for which the Yard Modification Permit was granted has ceased or has been suspended for six or more consecutive calendar months. (3) That the conditions of the permit have not been met, or the permit granted is being or has recently been exercised contrary to the terms of the approval or in violation of a specific statute, ordinance, law or regulation. (c) A written determination of revocation of Permit shall be mailed to the property owner and the permit holder within 10 days of such determination. Section 9151. 7. Appeals. The approval, conditions of approval, denial, or revocation of a Yard Modification Permit may be appealed to the Planning Commission if filed within 14 consecutive calendar days to the date the decision is made in the manner provided in Subchapter 10L. SECTION 20. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no - 51 - - e e further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 21. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 22. 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 15 days after its adoption. This Ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: ~ ~. 0- ROBERT M. MYERS City Attorney 4 - 52 - ---=- e . Adopted and approved this 26th day of September, 1989. D...., 7 ~'- May I hereby certify that the foregoing Ordinance No. 1496(CCS) was duly and regularly introduced at a meeting of the City council on the 19th day of September 1989; that the said ordinance was thereafter duly adopted at a meeting of the city Council on the 26th day of September 1989 by the fallowing Council vote: Ayes: Councilmembers: Abdo, Finkel, Genser, Jennings, Ka t z , Mayor Zane Noes: Councilmembers: Reed Abstain: Councilmembers: None Absent: Councilmembers: None ATTEST: ~1iIr~~ J1$,sr C#Y Clerk""' ~ ...-;;,p