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O1700 CA:MHS:brr3.ord\wp\pc\df city council Meeting 8-10-93 . Santa Monica, California ORDINANCE NUMBER 1700 (CCS) (City council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING PART 9.04.08.65 TO THE SANTA MONICA MUNICIPAL CODE REGARDING THE BR BOULEVARD RESIDENTIAL R3 OVERLAY DISTRICT WHEREAS, on June 2, 1993 the Planning Commission held a duly noticed public hearing concerning amendment of the Santa Monica Municipal Code and the Official Districting Map to create a new overlay zone, the BR Boulevard Residential R-3 Overlay District, and recommended such amendments to the City Council; and WHEREAS, the city council held a duly noticed public hearing concerning the proposed amendments and finds that the proposed 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 protecting the scale and character of residential neighborhoods; and 1 WHEREAS, the city council finds that the public health, safety, and general welfare require the adoption of the proposed amendments in that the amendments require good land development and enhancement of the aesthetic appearance of the R3 Ocean Park Boulevard area of the city by providing standards for building articulation, private open space, and landscaping that will prevent overdevelopment in the area; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Part 9.04.08. 65 is added to the Santa Monica Municipal Code to read as follows: Part 9.04.08.65 BR Boulevard Residential R-3 Overlay District. 9.04.08.65.010 Purpose. The BR Boulevard Residential R-3 Overlay District is intended to protect the existing neighborhood character and ensure that new development is compatible with the surrounding residential areas along Ocean Park Boulevard from Lincoln Boulevard' to 25th Street by limiting the scale of development to ensure compatibility with the existing neighborhood character. 2 9.04.08.65.020 Permitted uses. The following uses shall be permitted in the BR overlay District: (a) All uses listed as permitted uses within the residential district in which the parcel is located. 9.04.08.65.030 Uses subject to performance standards. The following uses shall be permitted in the BR Overlay District subject to the approval of a Performance Standards Permit: (a) All uses listed as subject to a Performance Standards permi t in the residential district in which the parcel is located. 9.04.08.65.040 conditionally permitted uses. The following uses shall be permitted in the BR Overlay District subject 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. 3 9.04.08.65.050 Prohibited uses. (a) Any use not specifically authorized. 9.04.08.65.060 Property development standards. All property in the BR 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) Maximum Building Height. Two stories, not to exceed 30 feet. (b) Maximum Unit Density. One dwelling unit for each 1,250 square feet of parcel area. No more than one dwelling unit shall be permitted on a parcel of less than 4,000 square feet if a single family dwelling existed on the parcel on September 8, 1988. (c) Maximum Parcel Coverage. 50 percent. (d) Minimum Parcel Size. 5,000 square feet. Each parcel shall contain a minimum depth of 100 ,feet and a minimum width of 50 feet, except that parcels existing on September 8, 1988 shall not be subject to this requirement. 4 (e) Front Yard Setback. 20 feet, or as shown on the Official Districting Map, whichever is greater. (f) Front stepbacks. At least 24% of the maximum buildable front elevation from the grade level up to 14 feet in height shall provide an additional 5 foot average stepback, and 30% of the maximum buildable front elevation above 15 feet in height shall provide an additional 10 foot average stepback from the minimum front yard setback. (g) side Yard Setback. (1) The side yard setback for lots of less than 50 feet shall be 10% of the parcel width but not less than 4 feet. (2) For lots 50 feet in width or greater, the side yard setback shall be determined in accordance with the following formula: 5' + (stories x lot width) 50' (h) side Stepback. Portions of the building between 14 feet and 30 feet in height shall provide an additional 4 foot average stepback from the minimum side setback 5 calculated along the maximum buildable side elevation. (i) Usable Private Open Space. All units shall have the following minimum amounts of usable private open space per unit: 100 square feet for projects with 4 or 5 units, and 50 square feet for projects of 6 units or more. 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. SECTION 2. Ordinance Number 1688(CCS) is hereby repealed. 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 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 6 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 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 wi thin 15 days after its adoption. This Ordinance shall be effective 30 days from its adoption. APPROVED AS TO FORM: ~~ JO PH LAWRENCE Acting City Attorney 7 Adopted and approved this 10th day of August, 1993. ~u::~ - - Mayor ~ pore I hereby certify that the foregoing Ordinance No. 1700(CCS) was duly and regularly introduced at a meeting of the City Council on the 3rd day of August 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: Genser, Greenberg, Holbrook, Olsen, Rosenstein, Vazquez Noes: Councilmembers: None Abstain: councilmembers: None Absent: Counci1members: Abdo ATTEST: L~ ;: iJ;~ ~ City Clerk