O1699
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City Council Meeting 8-10-93
Santa Monica, California
ORDINANCE NUMBER 1699 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
AMENDING SANTA MONICA MUNICIPAL CODE
SECTION 9.04.08.50.060 REGARDING HEIGHT ON
UPSLOPING PARCELS IN THE OP2 ZONING DISTRICT,
AND SECTION 9.04.20.10.030 REGARDING VARIANCES
TO PERMIT AN ADDITIONAL STORY FOR STRUCTURES
MEETING SPECIFIED CRITERIA
WHEREAS, the Planning commission of the city of Santa,Monica
held a public hearing on June 2, 1993 and recommended that the City
Council amend the santa Monica Municipal Code to change height
requirements and the method for calculating height in the OP2
District for upsloping lots; and that the City council amend the
Municipal Code to permit a height variance to be obtained for a
specified class of existing structures; and
WHEREAS, the City Council held a duly noticed public hearing
on the proposed amendments on July 27, 1993 and finds that the
proposed text amendments are consistent in principle with the
goals, Objectives, policies, land uses, and programs specified in
the adopted General Plan, in that they are consistent with Land
Use and circulation Element Objective 1.10, which states that the
City should expand the opportunity for residential land use while
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protecting the scale and character of residential neighborhoods;
and that the public health, safety, and general welfare requires
the adoption of the proposed amendments, in that the amendments
require good land development by maintenance of hillsides and
providing for sound engineering practice and providing for the
enhancement of the aesthetic appearance of development in the OP2
District of the city by establishing standards for quality,
quantity, and functional aspects of design, grading and drainage of
hillside development;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code section 9.04.08.50.060
is amended to read as follows:
9.04.08.50.060
standards.
All property in the OP-2 District shall
be developed in accordance with the following
standards:
Property
development
(a) Maximum Building Height. 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
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horizontal run. The walls of the building may
not exceed the maximum height required for a
flat roof. However, on upsloping parcels
where the change in elevation is 10 feet or
greater from the finished surface of the
sidewalk adjacent to the property line to the
building line at the required rearyard
setback, maximum allowable height for
structures shall conform to the following:
(1) One story 14 feet in height
(including parapets and rails) for the first
15 feet of horizontal distance on the parcel
measured from the front parcel line. Maximum
permitted height shall be measured vertically
from the edge of the existing sidewalk closest
to the front parcel line and then running
horizontally along a line parallel to the
theoretical grade of the parcel.
(2) Two stories 18 feet for a flat
roof and 23 feet for a pitched roof (including
parapets and railings) for that portion of the
structure located between 15.1 feet and 30
feet measured back from the front parcel line.
Maximum permitted height shall be measured
vertically from the edge of the existing
sidewalk closest to the front parcel line and
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then running horizontally along a line
parallel to the theoretical grade of the
parcel to a distance of 30 feet from the front
parcel line.
(3) The maximum permitted height
for structures beyond 30 feet from the front
parcel line shall be two stories 23 feet for a
flat roof or 30 feet for structures with a
pitched roof. Maximum permitted height shall
be measured vertically from the edge of the
existing sidewalk closest to the front parcel
line and then running horizontally along a
line parallel to the theoretical grade of the
parcel to the rear property line.
(4) The finished grade shall be no
more than three feet below or above the
theoretical grade line at any point adjacent
to a building if excavation occurs. An
opening to a garage may remain unexcavated.
(5) Any portion of a building more
than three feet above the theoretical grade
shall be counted as a story. The first story
of a structure shall be determined as the
portion of the structure closest to the front
property line that extends more than three
feet above the theoretical grade.
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( 6) No portion of any structure
shall exceed the maximum allowable height or
permitted number of stories.
(b) Maximum 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. 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 which comply with
the density of bonus provisions of prior code
section 9047.3.
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(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;
(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.
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(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 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) 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 Part 9.04.10.04 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
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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 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
on 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
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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, 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
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architectural review, pursuant to Part
9.04.10. The minimum dimension of a 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
dustfree 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
utili ty 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.
(1) Development Review. A Development
Review Permit is required for any development
of more than 15,000 square feet of floor area.
SECTION 2. Santa Monica Municipal Code section 9.04.20.10.030
is amended to read as follows:
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9.04.20.10.030 Applicability.
The Zoning Administrator may grant a
variance from the requirements of this Chapter
to:
(a) Allow modification of the minimum
lot sizes or minimum parcel dimensions;
(b) Allow the reduction of the
automobile parking space or loading space
requirements;
(c) Allow the modification of fence
heights;
(d) Allow the modification of yard
setbacks or parcel coverage on:
(1) Parcels having a depth of 90
feet or less or a width of 39 feet or less,
(2) Nonrectilinear parcels or
rectangular parcels on which parallel property
lines differ in length a minimum of five feet,
(3) Parcels with a 12.5-foot grade
differential or more, as measured from either
any point on the front parcel line to any
point on the rear parcel line, or from any
point on a side parcel line to any point on
the opposing side parcel line,
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(4) Additions to the same floor of
an existing building which is nonconforming as
to yard setbacks, where such addition follows
the line of the existing building but in no
case is closer than four feet to a property
line,
(5) Parcels in the CM District on
which relocated structures that are identified
on the Historical Resources Survey as having a
value of 1 through 5D or which are determined
to be historically significant by the
Landmarks Commission are located. A variance
may apply only to the relocated structure;
(e) For projects conforming to state
density bonus guidelines, allow encroachment
into no more than 15 percent of one side yard
setback, and into 15 percent of either the
front or rear yard setback, and, except in
those zones where an increase in parcel
coverage for state density bonus projects is
already permitted, allow an increase in parcel
coverage by no more than ten percent of parcel
area. In no case shall a rear yard setback of
less than five (5) feet be allowed;
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(f) Allow buildings to exceed district
height limits by no more than five (5) feet in
one of the following situations:
(1) If a parcel has a grade
differential of 12.5 feet or more, as measured
from either any point on the front parcel line
to any point on the rear parcel line, or from
any point on a side parcel line to any point
on the opposing side parcel line,
(2) To allow an addition to an
existing structure that is legally
nonconforming as to height provided the
addi tion does not exceed the height line of
the existing building;
(g) Allow an addition to an existing
building that is legally nonconforming as to
height provided all of the following criteria
are met:
(1) The addition does not exceed
the height line of the existing building,
(2) The addition does not exceed
two (2) percent of the total floor area of the
building,
(3) The addition does not increase
lot coverage or the overall footprint of the
building.
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(4) The addition does not increase
the density or number of inhabitants or
increase the intensity of use of the building.
(5) The addition otherwise conforms
to the regulations of the district in which it
is located,
(6) There is no feasible
alternative method of attaining the desired
use,
(7) There is no substantial adverse
impact to
streetscape,
increases to
building;
(h) Allow the modification of the
required front yard setback to allow, in the
case of existing development, a detached
garage provided all of the following criteria
the mass
buildings, existing
nor significant
and bulk of the
adjacent
privacy,
are met:
(1) The lot is less than 100 feet
in depth,
(2) The on-site use is a single-
family dwelling,
(3) No alley access is available to
the site;
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(i) Allow the modification of the side
yard setback for primary windows in the OP-2,
OP-3' and OP-4 Districts when the imposition of
the required setback would severely constrain
development on the project, an alternative
setback would still satisfy private open space
requirements, and maintain privacy for the
occupants of the project.
(j) Allow an additional story which
would otherwise not be permitted for an
existing residential structure provided all of
the following criteria are met:
(1) The existing structure has a
finished first floor level that is more than
three feet but no more than six feet above
average natural grade or theoretical grade.
(2) The street frontage and overall
massing are compatible with the existing scale
and neighborhood context.
(3) The addition does not enlarge
the first floor of the existing residence, such
that a non-conforming condition is expanded.
(4) The overall height of the
structure with the additional story does not
exceed the height limit in feet of the zoning
district in which it is located.
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(5) The addition otherwise conforms
to the regulations of the district in which it
is located.
SECTION 3. Ordinance Number 1673(CCS) is hereby repealed.
SECTION 4. 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 5. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconsti tutional 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 6.
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 be
effective 30 days from its adoption.
APPROVED AS TO FORM:
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Acting City Attorney
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Adopted and approved this 10th day of August, 1993.
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Mayor
I hereby certify that the foregoing Ordinance No. 1699(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:
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-- City Clerk