O1543
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CA:RMM:lld637b/hpc
City Council Meeting 9-25-90
Santa Monica, California
ORDINANCE NUMBER l543(CCS}
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING SUBCHAPTER 4AA TO
ARTICLE IX, CHAPTER 1 OF THE SANTA MONICA MUNICIPAL
CODE (THE ZONING ORDINANCE)
CREATING THE NORTH OF WILSHIRE OVERLAY DISTRICT
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Subchapter 4AA is added to Article IX, Chapter
1 of the Santa Monica Municipal Code to read as follows:
SUBCHAPTER 4AA. NW NORTH OF WILSHIRE
OVERLAY DISTRICT
SECTION 9039A.l.
Purpose.
The NW
overlay District is intended to protect
the existing neighborhood character and
ensure that new development integrates and
is
compatible
with
the
surrounding
residential area.
SECTION 9039A.2.
Parmi tted Uses.
The following uses shall be permitted in
the NW Overlay District:
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(a) All uses listed as permitted
uses within the residential district in
which the parcel is located.
SECTION 9039A.3. Uses Subject to
Performanoe Standards. The following uses
may be permi tted in the NW Overlay
District subject to the approval of a
Performance Standards Permit:
(a) All uses listed as subject to
Performance Standards Permit in the
residential district in which the parcel
is located.
SECTION 9039A.4. Conditionally
Permitted Uses. The following uses may be
permitted in the NW Overlay District
subj ect to the approval of a Conditional
Use Permit:
(a) All uses listed as
Conditionally Permitted Uses in the
residential district in which the parcel
is located.
SECTION 9039A.5.
(a) Any use
authorized.
prohibited Uses.
not specifically
SECTION 9039A.6.
Development Standards. All
Property
property in
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the NW Overlay District shall be developed
in accordance with the same standards as
those listed for the underlying zoning
district except for the following, if
different:
(a) R2 Maximum Buildinq Heiqht.
Two stories not to exceed 23 feet for a
flat roof, and 30 feet for a pitched roof.
A pitched roof is defined as a roof with
at least 2 sides having no less than 1
foot of vertical rise for every 3 feet of
horizontal run. The exterior walls of the
building may not exceed the maximum height
for a flat roof except that portion of the
wall within a roof gable.
(b) R3 Maximum Buildinq Heiqht.
Three stories, not to exceed 35 feet for a
flat roof, or 40 feet for a pitChed roof.
A pitched roof is defined as a roof with
at least 2 sides having no less than 1
foot of vertical rise for every 3 feet of
horizontal run. The exterior walls of the
building may not exceed the maximum height
for a flat roof except that portion of the
wall within the roof gable.
(c) Front Yard Setback. 20 feet,
or as shown on the Official Districting
Map, whichever is greater. At least 24%
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of the front elevation from the grade
level up to 14 feet in height shall
provide an additional 5 foot average
setback, and 30% of the front elevation
above 15 feet in height shall provide an
additional 10 foot average setback from
the minimum front yard setback.
(d)
side Yard Setback.
The side
yard setback shall be determined in
accordance with the following formula,
except for lots of less than 50 feet in
width for which the side yard shall be 10%
of the parcel width but not less than 4
feet:
5' + (stories x lot width)
50'
No more than 50% of the side building
facade between 3 feet and 13 feet above
grade may be at the same parallel plane.
A minimum separation of at least two feet
is
required between parallel
planes.
Portions of the building between 14 feet
and 30 feet shall provide an additional 4
foot average setback from the required
minimum side yard setback.
Between 14
feet and 30 feet no more than 50%: of the
side building facade may be at the same
parallel plane.
A minimum separation of
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at least 2 feet is required between
parallel planes. Portions of the building
between 31 feet and 45 feet in height
shall provide an additional 8 foot average
setback from the required minimum side
yard setback A Between 31 feet and 45 feet
no more than 50% of the side building
facade may be at the same parallel plane.
A minimum separation of at least 2 feet is
required between parallel planes.
The intent of this Section is to
empower the Architectural Review Board to
require, as it sees appropriate, greater
setbacks and building articulation to
ensure compatibility of new building with
existing developmentA
(e) Usable Private Open space. All
units shall have the following minimum
amounts of usable private space per unit:
100 square feet for projects with 4 or 5
units, and 50 square feet for projects of
6 units or more A 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 the primary
space A
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(f) Maximum unit Density. Density
shall be the same as that listed in the
underlying zoning district subject to the
following exceptions:
(1) With regard to affordable
housing projects in which 100% of the
proposed units are deed restricted for
very low or moderate income, the density
may be 1 dwelling unit for every 900
square feet of parcel area in the R3
District and 1 dwelling unit for every
1250 square feet in the R2 District.
(2) The density on parcels
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
100 feet shall be 1 dwelling unit for
every 1500 square feet in the R3 District,
and 1 dwelling unit for every 2,000 square
feet in the R2 District.
SECTION 9039A.7.
Proqram.
(a) For proj ects of two or more
dwelling units, one construction project
shall be allowed per block, or within 300
linear feet in the north and south
Construction Rate
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direction of a proj ect .
shall apply for eight
This restriction
months
after
issuance of a building permit, after which
time another project may begin
construction in the defined area. For
purposes of this Section, a block is
defined as parcels on both sides of the
street in the same block face, and
includes adjacent parcels separated by a
street or alley.
(b) Building permits shall be
provided on a first come first served
basis in accordance with the terms of this
Section. No application for a building
permit shall be accepted for filing or
otherwise processed by the Building and
Safety Division unless the applicant
provides documentation on forms provided
by the City that the project has received
all other City approvals or permits
necessary to commence the project, with
the exception of building and sewer
allocation permits.
(c) During the plan-check process,
the Building and Safety Division shall
determine the status of other building
permits for projects in the area. A
building permit shall be issued only when
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the Building Officer determines that a
building permit has not been issued in the
previous eight months for any other
project on the same block or within 300
I inear feet to the north or south of the
project.
(d) If the Building Officer
determines that another building permit
has been issued less than eight months
prior to the date on which the building
permit has received all plan-check
approvals, the Building Officer shall
place the project on a waiting list in
order of the date and time of day that the
permit application received all plan-cheek
approvals. The life of other city
approvals or permits necessary to commence
the project shall be automatically
extended by the amount of time that a
project remains on the waiting list. The
Building Officer shall approve the project
in accordance wi th the Uniform Technical
Code in effect at the time of the plan
check.
(e)
be exempt
program.
The following projects shall
from the construction rate
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(1) Affordable housing
projects in which 100 percent (100%) of
the units are deed restricted for very
low, low, middle, and/or moderate income
housing.
(2) Community care
facil i ties as defined in section 9000. J .
of the Santa Monica Municipal Code.
(3) Structures identified by
the Building and Safety Division as
unreinforced masonry construction and
subject to City-mandated seismic
upgrading.
(f) Within two years after the
effective date of this section, the
Planning commission shall prepare a report
to the Ci ty Council on the operation of
this Section.
SECTION 90J9A.8. Required
Landscaping. All property in the NW
Overlay District shall be developed in
accordance with the same standards as
those required in Subchapter 5B for the
underlying zoning district, including the
following:
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(a)
required
A minimum of 50%
side yard setbacks
of both
shall be
landscaped.
(b) A minimum of two 24" box trees
shall be planted in the front yard
setback.
SECTION 9039A.9. 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 9039A.I0. Construction
Management Plan. All projects costing
$100,000 or more, shall be required to
provide a construction management site
plan in the form and manner required by
the Planning Commission.
SECTION 2. 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.
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SECTION 3.
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 4. 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:
R~~S'~~
City Attorney
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Adopted and approved this 25th day of September, 1990.
f)a-, lar
I hereby certify that the foregoing Ordinance No. 1543 (CCS)
was duly and regularly introduced at a meeting of the ci ty
Council on the 18th day of September 1990~ that the said
Ordinance was thereafter duly adopted at a meeting of the City
council on the 25th day of September 1990 by the following
council vote:
Ayes: Councilmembers:
Abdo, Finkel, Genser, Mayor Zane
Noes: Councilmembers:
Katz, Reed
Abstain: Councilmembers:
Jennings
Absent: Councilmembers:
None
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ATTEST: .
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