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O1543 e e 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: - 1 - e e (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 - 2 - e e 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% - 3 - e e 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 - 4 - e . 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 - 5 - e e (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 - 6 - e It 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 - 7 - e e 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 - 8 - e e (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: - 9 - e e (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. - 10 - e e 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 - 11 - e e 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 - ATTEST: . : ...... ,,-. -:----- - - (~~~-~ ~:_-- Assr ewy., ~lerlC:_~r__ ,__ ~__- 1/ - _ -'- ~ _ "