O1689
CA:MHS:hsg2/pc
City Council Meeting 7-13-93 Santa Monica, California
ORDINANCE NUMBER l689 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
MODIFYING ZONING AND DEVELOPMENT
STANDARDS TO FACILITATE
AFFORDABLE HOUSING
WHEREAS, the Santa Monica Task Force On Homelessness ( "Task
Force") has recommended that the City Council adopt measures to
promote the development of affordable housing in Santa Monica; and
WHEREAS, the Task Force has found that the city's planning and
zoning restrictions and implementation make it difficult to develop
affordable housing within the City limits, and has recommended the
modification or elimination of current zoning regulations which slow
down or prohibit the development of a range of housing opportunities
for the homeless and special needs populations,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings and Purpose.
The city Council finds and
declares:
(a) There is a growing population of homeless and other
persons in the City in need of a range of housing opportunities
including transitional housing, congregate housing, homeless
shelters, single room occupancy housing units and deed-restricted or
restricted by an agreement approved by the city affordable housing.
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(b) The lack of a range of housing opportunities, particularly
affordable housing, threatens the public peace, health and safety.
(c) There are several projects currently proposed or
contemplated which, if completed, would help meet the need for
affordable housing in the city. Present zoning restrictions hinder
the ldevelopment of these projects.
(d) The Zoning Ordinance requires review and revision with
respect to eliminating barriers to the development of affordable
housing.
(e) Pending such review and revision, and in order to
facilitate the processing and development of currently pending or
contemplated affordable housing projects, it is necessary to modify
on a temporary basis the zoning standards governing the development
of affordable housing.
(f) This Ordinance is adopted pursuant to Santa Monica
Municipal Code Sections 9.04.20.16.020 through 9.04.20.16.040. A
resolution of intention was adopted by the Planning commission on
April 29, 1992. The Planning Commission held pUblic hearings
regarding the recommended amendment on May 13, 1992, May 27, 1992,
and June 3, 1992, made findings pursuant to 9120.3, and recommended
the amendment to the City Council.
(g) On July 14, 1992, the City Council adopted Ordinance
Number 1635 (CCS) to implement the above modifications to the Zoning
Ordinance. Ordinance Number 1635 (CCS) will expire August 14, 1993,
unless extended by the Council for one year, pursuant to Section 10
of that Ordinance. On June 15, 1993, the City council introduced
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for first reading an Ordinance making permanent most of the
provisions of Ordinance 1635 (CCS) which relate to the commercial
districts involved in the Commercial Development Standards Program.
It is the purpose of this Ordinance to extend for one year those
portions of Ordinance 1635 (CCS) which relate to the residential
dis~ricts and those related to commercial districts not reviewed as
part of the Commercial Development Standards Program.
SECTION 2. Zoning and Development Standards. Notwithstanding
any provisions of the Santa Monica Municipal Code to the contrary,
the following zoning and development standards shall apply to the
following types of housing:
(a) Permitted Uses. In addition to the uses currently
permitted in the zone, the following use shall be a permitted use in
the R1 district: domestic violence shelters.
In addition to the uses currently permitted in the zone, the
following uses shall be permitted uses in the R2, R2B, R3, R3R, R4,
OP2, OP3, OP4, and RVC districts: senior housing, senior group
housing, transitional housing, single room occupancy housing,
congregate housing, and domestic violence shelters.
In addition to the uses currently permitted in the zone, the
following uses shall be permitted uses in the OP-l, OP Duplex and
R2R districts: domestic violence shelters.
In addition to the uses currently permitted in the zone, the
following uses shall be permitted uses in the CM and CP districts:
single family dwelling units, mUlti-family dwelling units, homeless
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shelters with less than 55 beds, congregate housing, transitional
housing, single room occupancy housing, senior housing, senior group
housing, and domestic violence shelters.
In addition to the uses currently permitted in the zone, the
following use shall be permitted in the CC district: transitional
housing.
(b) conditionally permitted Uses. In addition to the uses
currently conditionally permitted in the zoning district, the
following uses shall be conditionally permitted uses in the R3, R3R,
R4, OP2, OP3, OP4, and RVC districts: homeless shelters.
In addition to the uses currently conditionally permitted in
the zoning district, the following use shall be conditionally
permitted in the CM and CP districts: homeless shelters with 55 or
more beds.
(c) Maximum Building Height. In residential districts, CM,
and CP zoning districts, there shall be no limitation on the number
of floors of any Affordable Housing project, as long as the building
height does not exceed the maximum number of feet allowed in the
underlying zoning district, or as allowed in section 3(d) of this
Ordinance.
(d) Height Bonus In Non-Residential Districts. The height of
an Affordable Housing Project located in a non-residential district
may exceed by 10 feet the maximum number of feet allowed in the
underlying zoning district. This provision shall not be applicable
to projects which have already received a height bonus under an
existing Zoning Ordinance provision.
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(e) Maximum unit Density. Affordable Housing projects
developed with individual dwelling units are entitled to a local
density bonus equivalent and in addition to the state density bonus.
This provision shall not be applicable to projects which have
already received an equivalent density bonus under existing Zoning
ordfnance provisions.
In multi-family districts, congregate housing, single room
occupancy housing, and homeless shelters, when not developed in an
individual dwelling unit format, and transitional housing shall not
be subject to the district's maximum unit density standard, but the
number of beds shall be limited to 3 times the maximum number of
dwelling units which would otherwise be permitted.
(f) setback Requirements. Affordable Housing projects located
on a corner parcel, the street frontage dimension of which requires
that the property line adjacent to the alley be deemed a side parcel
line, may count one-half of the width of the alley as a portion of
the required side yard setback, as long as a minimum setback of 4
feet from the property line is maintained.
Affordable Housing Projects need only provide and maintain the
unexcavated area required by section 9.04.10.02.170 of the Santa
Monica Municipal Code on one side of the property.
SECTION 3. Development Standards Applicable to Homeless
Shelters. Notwithstanding any provisions of the Santa Monica
Municipal Code to the contrary, homeless shelters shall not be
subject to the issuance of a performance standards permit in any
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zoning district, but homeless shelters located in any residential
district, the CM or CP zoning districts shall comply with the
development standards set forth in Zoning Ordinance section
9.04.10.02.061.
l SECTION 4. Development Standards Applicable to Senior Group
Housinq. Notwithstanding any provisions of the Santa Monica
Municipal Code to the contrary, senior group housing shall not be
subject to the issuance of a performance standards permit in any
zoning district, but senior group housing located in any residential
district, the CM or CP zoning districts shall comply with the
development standards set forth in Zoning Ordinance Section
9.04.10.02.141.
SECTION 5. Development Standards Applicable to Transitional
and Congreqate Housing. Transitional and congregate housing located
in any residential district, the CMor CP zoning districts shall be
sUbject to the development standard set forth in Zoning Ordinance
Section 9.04.10.02.142.
SECTION 6. Development Standards APplicable to Residential
Uses in the CM, CP and CC Districts. Notwithstanding any provisions
of the Santa Monica Municipal Code to the contrary, residential uses
located in the CM, CP or CC zoning districts shall not be subject to
the issuance of a performance standards permit, but the following
development standards shall apply. Single family dwelling units,
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mUlti-family dwelling units, congregate housing, transitional
housing, single room occupancy housing, senior housing, and
transitional housing shall comply with the following development
standards:
(a) Location. The residential units shall not be located on
the 19round floor street front except where specifically permitted.
Residential units may be located on the ground floor provided they
are at least 50 feet from the front property line. This requirement
may be altered through approval of a variance. This requirement
shall not apply to developments in the CP districts, or to
Affordable Housing Projects.
(b) Access. For new construction projects, the residential
units shall have a separate and secured entrance and exit that is
directly accessible to the parking. Existing and new construction
projects shall have a secured parking entrance.
(c) parking. Residential use parking shall comply with Part
9.04.10.08 of the Zoning ordinance, except as modified by this
Ordinance. Parking may be shared when the commercial or
manufacturing use generates a parking demand primarily during the
hours of 8:00 A.M. to 5:00 P.M., Monday through Friday.
(d) Noise. Residential units shall be constructed so that
interior noise levels do not exceed 55 decibels for more than 60
minutes in any 24 hour period and 45 decibels for more than 30
minutes between the hours of 11:00 P.M. and 7:00 A.M.
(e) Lighting. All lighting shall comply with section
9.04.10.02.270 of the zoning Ordinance.
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(f) Design.
For new construction, the floors devoted to
residential units shall provide an exterior appearance and character
which denotes it as housing and is visibly different from the
commercial or manufacturing floors through the use of patios,
changes in fenestration, and appropriate levels of detail, while
maintaining a cohesive quality.
(g) Landscaping. On-site landscaping shall be installed and
maintained to the standards outlined in Part 9.04.10.04 of the
Zoning Ordinance.
(h) Refuse storage and Location. The residential units shall
maintain a refuse storage container separate from that used by the
commercial or manufacturing business. It shall be clearly marked
for residential use only and use by commercial or manufacturing
businesses is prohibited.
SECTION 7. Parking Standards. Notwithstanding any provisions
of the Santa Monica Municipal Code to the contrary, the following
parking standards shall apply to the following types of housing
located in any district:
Unit Type
S?aces Required
Com?act Percentaqe
Congregate Housing
1 space/5 beds
40%
Housing Units Deed-
Restricted or restricted
by an agreement approved
by the City for Low and
Moderate Income:
Studio, no bedroom
1 bedroom
2 bedroom or larger
Visitor
1 space/unit
1 space/unit
1. S space/unit
1 space/S units
40%
40%
40%
40%
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Senior Housing and
Senior Group Housing
0.5 space/unit
40%
visitor
1 space/5 units
Senior Housing and
Senior Group Housing
Deed Restricted or
restricted by an agreement
approved by the City
for)Low and Moderate
Income 0.25 space/unit
40%
Visitor
1 space/5 units
40%
Homeless Shelters
1 space/10 beds
40%
Domestic Violence
Shelter
0.5 spaces per
bedroom
40%
single Room Occupancy
Visitor
0.5 space/unit
1 space/5 units
40%
Single Room Occupancy
Deed Restricted to Low
and Moderate Income
0.25 space/unit
40%
Visitor
1 space/5 units
40%
Transitional Housing
Visitor
0.5 space/bedroom
1 space/5 units
40%
SECTION 8.
Densi ty Bonus for Affordable Housing in Non-
Residential Districts.
In addition to any other applicable
provision of this ordinance, Affordable Housing Projects located in
non-residential zoning districts may have a Floor Area Ratio equal
to the applicable base FAR limitation of the underlying zoning
district plus 0.5 times the floor area devoted to such units. In
mixed-used projects, such bonus may be utilized in the residential
portion of the project only.
This section is not applicable to
projects which have already received a FAR bonus pursuant to Zoning
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Ordinance provisions providing a FAR bonus for projects which
include affordable residential units. To the extent a project
qualifies for a density bonus under state law, any bonus granted
under this section shall be counted toward satisfying the state
density bonus requirement.
SECTION 9. This ordinance shall be of no further force and
effect one year from its effective date.
SECTION 10. 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 effect
the provisions of this ordinance.
SECTION 11. 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 12. 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 upon 30 days after its adoption.
SECTION 13. The applicant for any project for which an
application has been filed but not approved at the time this
Ordinance becomes effective can elect to have the provisions of
this ordinance apply to the project.
APPROVED AS TO FORM:
~~
JOS H LAWRENCE
Acting city Attorney
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Adopted and approved this 13th day of July, 1993.
t} ~ir
I hereby certify that the foregoing Ordinance No. 1689(CCS)
was duly and regularly introduced at a meeting of the City
Council on the 29th day of June 1993; that the said Ordinance was
thereafter duly adopted at a meeting of the City Council on the
13th day of July 1993 by the following Council vote:
Ayes: Councilmembers: Abdo, Genser, Greenberg,
Holbrook, Olsen, Rosenstein,
Vazquez
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: None
ATTEST:
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