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O1697 CA:MHS:r1ta2/hp/pc city Council Meeting 8-10-93 Santa Monica, California ORDINANCE NUMBER l6 9 7 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING PART 9.04.08.02 OF THE SANTA MONICA MUNICIPAL CODE REGARDING REQUIREMENTS FOR THE R1 SINGLE FAMILY RESIDENTIAL ZONING DISTRICT WHEREAS, the Planning Commission of the City of Santa Monica adopted a Resolution of Intention concerning proposed amendments to Part 9.04.08.02 of the Santa Monica Municipal Code regarding the requirements of the R1 Single Family Residential Zoning District on September 30, 1992; and WHEREAS, the Planning Commission held a public hearing regarding the proposed amendments on January 6, 1993 and made recommendations to the City Council regarding the proposed amendments; and WHEREAS, the City Council finds that the following amendments to the requirements of the R1 Single Family Residential Zoning District are consistent in principle with the goals, objectives, policies, land uses, and programs specified in the adopted General Plan, and the public health, safety and general welfare require the adoption of the proposed amendments in that the amendments will clarify existing requirements by reorganizing and rewording the R1 development standards, will add new requirements to mitigate the impact of new development by - 1 - providing greater light and air to neighboring properties, and will modify existing requirements by providing for more equitable application of the standards; NOW, THEREFORE, THE CITY COUNCIL OF THE CI.TY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Applicability. This Ordinance shall apply to all projects approved 60 days or more after the effective date of the Ordinance, provided however that all projects for which plans have been submitted to the City for plan check prior to the effective date of the Ordinance shall be subject to the provisions of this Part as they existed at the time the plans were submitted. Any project not subject to the provisions of this Ordinance, which has not been approved as of the effective date of this Ordinance, may elect to have the provisions of this Ordinance apply in lieu of those provisions otherwise applicable. SECTION 2. Part 9.04.08 of the Santa Monica Municipal Code is amended to read as follows: Part 9.04.08.02 Rl Single Family Residential District. 9.04.08.02.010 Purpose. The Rl District is intended to provide a single family residential area free of disturbing noises, excessive traffic, and hazards created by moving automobiles. The Rl district is designed to prevent burdens on the public facilities, including sewer, water, electricity and schools by an influx and - 2 - increase of people to a degree larger than the City's geographic limits, tax base or financial capabilities can reasonably and responsibly accommodate. The R1 district affords protection from deleterious environmental effects and serves to maintain and protect the existing character of the residential neighborhood. 9.04.08.02.020 Permitted uses. The following uses shall be permitted in the R1 District: (a) Hospice facilities. (b) One single family dwelling placed on a permanent foundation manufactured housing). (c) One-story accessory structures up to 14 feet in height. (d) One-story accessory buildings over 14 feet in height to a maximum height of 28 feet, or two-story accessory buildings up to a maximum height of 28 feet, if such buildings conform to the required setbacks and stepbacks for the principal building and with the development standards set forth in section per parcel (including buildings and 9.04.14.110. (e) Public parks and playgrounds. (f) Small family day care homes. - 3 - (g) state authorized, licensed, or certified uses to the extent required to be permitted by state law. (h) Yard sales, limited to two per calendar year, for a maximum of two days each. (i) Domestic violence shelter. 9.04.08.02.030 Standards Permit. The following uses may be permitted in the R1 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 parcel having a minimum area of 10,000 square feet. (c) Private tennis courts. Uses Subject to Performance 9.04.08.02.040 Uses subject to Use Permit. The following use may be permitted in the R1 District subject to the approval of a Use Permit: (a) Duplexes on a parcel having not less than 6,000 square feet of area, a side parcel line of which abuts or is separated by an alley from any R2, R3, or R4 District. - 4 - 9.04.08.02.050 conditionally Permitted Uses. The following uses may be permitted in the R1 District subject to the approval of a Conditional Use Permit: (a) Schools. 9.04.08.02.060 prohibited Uses. (a) Boarding houses. (b) Rooftop parking. (c) Second dwelling units pursuant to section 65852.2(c) of the Government Code, State of California. (d) Any uses not specifically authorized. 9.04.08.02.070 Property Development standards. All property in the R1 District shall be developed in accordance with the following standards: (a) Maximum Building Height. (1) Two stories, not to exceed 28 feet, which includes all building elements except chimneys and required vents. (2) On lots of more than 20,000 square feet with a minimum front parcel line dimension of 200 feet, the height shall not exceed 35 feet for a pitched roof or 28 feet for other types of roofs. (b) Maximum unit Density. One dwelling unit per parcel, except where a Use Permit has been approved for a duplex as permitted by section 9.04.08.02.040 (a). - 5 - (c) Minimum Lot Size. 5,000 square feet. Each parcel shall contain a minimum depth of 100 feet and a minimum width of 50 feet except that any parcel existing on the effective date of this Chapter shall not be subject to this requirement. (d) Maximum Parcel Coverage. 40 percent except that parcels between 3001 and 5000 square feet may have a parcel coverage of 50 percent, and parcels of 3000 square feet or smaller may have a parcel coverage of 60 percent. (e) Front Yard setback. Official Districting Map of the setback is specified, 20 feet. (f) Additional Front Stepback Above 14 Feet in Height. For new structures or additions to existing structures, any portion of the front building elevation above 14 feet exceeding 75 percent of the' maximum buildable front elevation shall be stepped back from the front setback line an additional average amount equal to four percent of parcel depth, but in no case resulting in a required stepback greater than 10 feet. As used in this Chapter, "maximum buildable elevation" shall mean the maximum potential length of the elevation permitted under these regulations, which includes parcel width or length (as applicable), minus required minimum setback. (g) Rear Yard Setback. 25 feet. - 6 - As shown City, or, on the if no (h) Additional Rear Stepback Above 14 Feet in Height. For new structures or additions to existing structures, any portion of the rear building elevation above 14 feet exceeding 75 percent of the maximum buildable rear elevation shall be stepped back from the rear setback line an additional average amount equal to four percent of parcel depth, but in no case resulting in a required stepback greater than 10 feet. (i) side Yard Setback. Ten percent of the parcel width or a minimum of three feet six inches, whichever is greater, but in no case greater than 15 feet. (See also section 9.04.10.02.190.) (j) Additional Side Stepbacks Above 14 feet in Height. For new structures or additions to existing structures, any portion of the side building elevation above 14 feet exceeding 50 percent of the maximum buildable side elevation shall be stepped back from the side setback line an additional one foot for every 2 feet 4 inches above 14 feet of building height to a maximum height of 21 feet. (k) Additional Side stepback Above 21 Feet in Height. No portion of the building, except permitted projections, shall intersect a plane commencing 21 feet in height at the minimum sideyard setback and extending at an angle of 45 degrees from the vertical toward the interior of the site. - 7 - (I) Front Yard Paving. No more than 50 percent of the required front yard area including driveways shall be paved, except that lots with a width of 25 feet or less may have up to 60 percent of the required front yard area paved. (m) Modifications to stepbacks above 14 Feet in Height. The stepback requirements of subsections (f), (h), (j), and (k) of this section may be modified subject to the review and approval of the Architectural Review Board if the Board finds that the modification will not be detrimental to the property, adjoining properties, or the general area in which the property is located, and the objectives of the stepback requirements are satisf ied by the provision of alternative stepbacks or other building features which reduce effective mass to a degree comparable to the relevant standard requirement. (n) Driveways. No more than one driveway per parcel to a public street shall be permitted on parcels less than 100 feet in width. (0) Basements and subterranean Garages. No basement or subterranean garage shall extend into any required yard setback area, except for any basement or garage located beneath an accessory building which is otherwise permitted wi thin a yard area, if such basement, semi-subterranean or subterranean garage is located at least five feet from any property line. - 8 - (p) Basements. Access to Subterranean Garages and (1) Up to a total of fifty square feet of area in the side and rear yards may be utilized for lightwells or stairways to below-grade areas of the main building and any accessory buildings. (2) No more than three feet of excavation below grade for a driveway, stairway, doorway, lightwell, window or other such element to a subterranean or semi-subterranean garage or basement shall occur in the front yard setback area. This requirement may be modified by the Architectural Review Board for parcels with an elevation rise of five feet from the front property line to a point fifty feet towards the interior of the site if it finds that topographic conditions necessitate that such excavation be permitted. (q) Roof Decks. Roof decks shall be set back at least three feet from the minimum sideyard setback. The height of any railings or parapets associated with such roof decks may not exceed the maximum allowable building height for the structure. 9.04.08.02.080 Architectural Review. No building or structure in the Rl District shall be subject to architectural review pursuant to the provisions of Chapter 9.32 of the Municipal Code except: - 9 - (a) Properties installing roof or building-mounted parabolic antennae (only with respect to the antennae and screening). (b) Duplexes. (c) Any structure above 14 feet in height that does not conform to the required yard stepbacks for structures above 14 feet in height. (d) Any structure that does not conform to the limitations on access to subterranean garages and basements. Any applicant for a development subject to architectural review under these provisions shall provide certification of notice to all owners and commercial and residential tenants of property within a radius of 300 feet from the exterior boundaries of the property involved in the application, not less than 10 days in advance of Architectural Review Board consideration of the matter, which notice and certification thereof shall be in a form satisfactory to the zoning Administrator. 9.04.08.02.090 Fifty Percent Addition. Parking shall be provided in accordance with the provisions of Part 9.04.10.08, Off street Parking Requirements, if the principal building on the parcel is substantially remodeled or, if 50 percent or more additional square footage is added to the principal building at anyone time, or incrementally, after - 10 - September 8, 1988, provided the aggregate addition is 500 square feet or more. See Section 9.04.02.030 for the definition of "substantial remodel." SECTION 3. 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 4. 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. - 11 - SECTION 5. 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: ~~~ JO H LAWRENCE Acting city Attorney - 12 - Adopted and approved this 10th day of August, 1993. ~q~ Mayor I hereby certify that the foregoing Ordinance No. 1697(CCS) was duly and regularly introduced at a meeting of the City Council on the 27th day of July 1993; that the said Ordinance was thereafter duly adopted at a meeting of the City Council on the 10th day of August 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: C-~~~ City Clerk