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CA:RMM:lld577/hpc
City Council Meeting 2-27-90
Santa Monica, California
ORDINANCE NUMBER 15l4(CCSl
(city Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA REVISING ORDINANCE
NUMBER 1496 (ces) ESTABLISHING DEVELOPMENT
STANDARDS IN THE OCEAN PARK AREA
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Santa Monica Municipal Code section 9035.4 is
amended to read as follows:
Section 9035.4.
Conditionally Permitted
Uses.
The following uses may be permitted in the
OP-1
District
subj ect to
the approval
of
a
Conditional Use Permit:
(a) one-story accessory buildings over 14
feet in height or two story accessory buildings up to
a maximum height of 24 feet.
(b) Schools.
SECTION 2. Santa Monica Municipal Code Section 9035.6 is
amended to read as follows:
Section 9035.6.
Property Development stan-
dards.
All property in the OP-1 District shall be
developed in accordance with the following standards:
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(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 two sides having no less than one foot
of vertical rise for every three feet of horizontal
run. T~,e walls of the buildinq may not exceed the
maximum heiqht required for a flat roof.
(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 Coveraqe. 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 s ide yard setback for that
portion of a building with a secondary window, blank
wall, or primary window on a side yard facing the
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street (Le., 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:
(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 side yard
setback above a primary window shall not project more
than 2 feet into the required side yard setback.
(h) Landscaping.
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 58 of this
Article.
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(i) Parking 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 3. Santa Monica Municipal Code section 9036.6 is
amended to read as follows:
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 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 2 sides having no less than one foot of
vertical rise for every three feet of horizontal run.
The walls of the buildinq may not exceed the maximum
height required for a flat roof.
(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 percent.
(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.
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(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 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
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between
the
primary
window
and
any
adjacent
structures.
in width,
provided.
(b) For lots 50 feet or greater
a minimum setback of 12 feet shall be
(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 pr~mary 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 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
sUbj ect to the provisions of subchapter 5B of this
Article.
(j) Development Review. A Development Review
Permit is required for any development of more than
15,000 square feet of floor area.
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SECTION 4. Santa Monica Municipal Code section 9037.6 is
amended to read as follows:
Section 9037.6. Property Development Stan-
dards. 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 no less than one foot
of vertical rise for every three feet of horizontal
run. The walls of the buildinq may not exceed the
maximum heiqht required for a flat roof.
(b) Ma~imum 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.
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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 percent.
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'
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(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;
in width,
provided.
(b) For lots 50 feet or greater
a minimum setback of 12 feet shall be
(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
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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
subj ect 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 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.
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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.
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 I
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
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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,
subject to architectural 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.
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SECTION 5. Santa Monica Municipal Code section 9038.6 is
amended to read as follo~s:
section 9038.6. Property Development
Standards. All property 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
pi tched roof. A pitched roof is defined as a roo f
with at least two sides having no less than one foot
of vertical rise for every three feet of horizontal
run. The walls of the building may not exceed the
maximum heiqht required for a flat roof.
(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
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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 Coverage. 50 percent. 60%
for development projects of 6 units 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
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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.
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(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.
e 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 58 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
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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.
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 ani t of usable common open space,
accessible and available to all project residents for
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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,
subject to architectural 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.
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(l) Development Review. A Development Review
Permit is required for any development of more than
15,000 square feet of floor area.
SECTION 6. Santa Monica Municipal Code section 9039.6 is
amended to read as follows:
Section 9039.6. Property Development
Standards. All property on the OP-4 Ocean Park High
Mul tiple Residential District shall be developed in
accordance with the following standards:
(a) Maximum Buildinq Height. 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 percent.
for development proj ects which comply wi th
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 adj acent
60%
the
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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:
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(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;
in width,
provided.
(b) For lots 50 feet or greater
a minimum setback of 12 feet shall be
(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 58 of this
Article.
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(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 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.
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
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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. proj ects 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,
subject to architectural 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
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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 7. santa Monica Municipal Code Section 9040.1 is
amended to read as follows:
Section 9040.1. Roof Decks in the
OP-Districts. In the OP-Districts, the handrail
surrounding a roof deck shall be set back a minimum
of 1 feet from the edge of the buildinq at the side
and rear yards.
SECTION 8. Subchapter lOP of Article IX of the Santa
Monica Municipal Code is amended to read as follows:
Subchapter lOP. Yard Modification Permits.
Section 9151.1. Purpose. A yard
modification permit is intended to permit a reduction
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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 minimum 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
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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
qi ven to all property owners and tenants wi thin 300
feet of the exterior boundaries of the property
involved in a manner consistent with Subchapter 10K.
Section 9151.5. Findings. Following a pUblic
hearing, the Zoning Administrator shall prepare a
written decision which shall contain the findings of
fact upon which such decision is based. The Zoning
Administrator, or Planning Commission on appeal, may
approve a Yard MOdification Permit application in
whole or in part, with or without conditions, if all
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of the following findings of fact can be made in an
affirmative manner:
(a)
existing
preserved.
(b) The granting of such permit will not be
detrimental or injurious to the property or
improvements in the general vicinity and district in
which the property is located.
(c) The yard modification would not impair the
integrity and character of the district in which it
is to be located.
(d) The subject site is physically suitable
for the proposed yard modification.
(e) There will be adequate provisions for
pUblic access to serve the subject yard modification
proposal.
Section 9151.6. 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
establ ished 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.
That
single
the character
family house
and
is
scale of the
substantially
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Section 9151.7. 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.
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(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 9151.8. Appeals. The approval,
condi tions 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 9. 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
further, are hereby repealed or modified to that extent necessary
to affect the provisions of this Ordinance.
SECTION 10. 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.
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SECTION 11. 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:
{~,'19vA .""". ~~
ROBERT M. MYERS l/
City Attorney
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Adopted and approved this 27th day of February, 1990.
h4--?~?3 ~4i~
Mayor Pro Tempore
I hereby certify that the foregoing Ordinance No. 1514(CCS)
was duly and regularly introduced at a meeting of the City
Council on the 13th day of February 1990; that the said Ordinance
was thereafter duly adopted at a meeting of the City Council on
the 27th day of February 1990 by the following Council vote:
Ayes: Councilmembers: Abdo, Finkel, Genser, Jennings,
Katz, Reed
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: Mayor Zane
ATTEST:
rA~
Ai. c~ Clerk-