O1750
CA:f:\atty\muni\laws\mhs\afford3
city council Meeting 6-28-94
Santa Monica, California
ORDINANCE NUMBER 1750 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA
AMENDING ZONING AND DEVELOPMENT STANDARDS
TO FACILITATE A RANGE OF HOUSING OPPORTUNITIES
INCLUDING AFFORDABLE HOUSING
WHEREAS,
the Santa Monica Task Force On Homelessness
("Task Force") recommended that the City Council adopt measures to
promote the development of affordable housing in Santa Monica; and
WHEREAS, the Task Force found that the City's planning
and zoning restrictions and implementation make it difficult to
develop affordable housing within the City limits, and 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; and
WHEREAS, the City Council adopted Ordinance Number
1635(CCS) on July 14, 1992 modifying the zoning ordinance on an
interim basis to facilitate affordable and special needs housing;
and
1
"
WHEREAS, the city Council adopted Ordinance Number 1687(CCS)
on June 22, 1993 which made permanent most of the provisions of
Ordinance 1635 (CCS) applicable to the commercial districts as part
of the Commercial Development Standards Program; and
WHEREAS, the City council adopted Ordinance Number 1689(CCS)
on July 13, 1993 extending for one year the provisions of Ordinance
1635(CCS) applicable to the residential districts and those
commercial districts not reviewed as part of the Commercial
Development Standards Program; and
WHEREAS, Ordinance 1689(CCS) will expire on August 12, 1994,
and it is therefore necessary to make permanent the amendments to
the Zoning Ordinance facilitating affordable and special needs
housing related to the residential districts and commercial
districts not reviewed as part of the Commercial Development
Standards Program; and
WHEREAS, the Planning Commission held a public hearing on
April 6,' 1994 concerning the proposed amendments and recommended
adoption; and
WHEREAS, the City Council finds that the proposed text
amendment is consistent in principle with the goals, objectives,
policies, land uses, and programs specified in the adopted General
Plan in that it provides standards to facilitate the development of
2
f,
a variety of housing opportunities, thereby assisting in the
provision of adequate housing for all city residents; and
WHEREAS, the City Council finds that the public health,
safety, and general welfare require the adoption of the proposed
amendment in that the amendment includes incentives to encourage
the construction of affordable housing and increase housing
opportunities in the City for low and moderate income persons;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
SECTION 1. section 9.04.08.04.020 of the Santa Monica
Municipal Code is amended to read as follows:
9.04.08.04.020 Permitted Uses.
The following uses shall be permitted in
the R2R District:
(a) Domestic violence shelters.
(b) Hospice facilities.
(c) One single family dwelling per lot placed
on a permanent foundation (including manufactured
housing).
(d) One duplex on any legal parcel that
existed on August 31, 1975.
3
(e) One-story accessory buildings and
structures up to 14 feet in height.
(f) Public parks and playgrounds.
(g) Small family day care homes.
(h) Yard sales, limited to two per calendar
year, for a maximum of two days.
SECTION 2. section 9.04.08.04.060 of the Santa Monica
Municipal Code is amended to read as follows:
9.04.08.04.060
Standards.
All property in the R2R District
developed in accordance with the
standards:
Property Development
shall be
following
(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 2 sides having no less
than one foot of vertical rise for every three
feet of horizontal run. The walls of the building
may not exceed the maximum height required for a
flat roof. There shall be no limitation on the
number of stories of any Affordable Housing
Project, as long as the building height 'does not
exceed the maximum number of feet permitted in this
4
"
section.
(b) Maximum Unit Density. There shall be a
minimum of fifteen hundred (1,500) square feet of
lot area for each dwelling unit. However, one
duplex shall be permitted on any legal parcel that
existed on August 31, 1975.
(c) Maximum Parcel Coverage. 60%.
(d) Minimum Lot size. 3,000 square feet. Each
parcel shall have a minimum depth of 100 feet and a
minimum width of 30 feet, except that parcels
already developed and existing on the effective
date of this Chapter shall not be subject to this
requirement.
(e) Front Yard Setback. 10 feet.
(f) Rear Yard Setback. 15 feet.
(g) 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'
(h) Front Yard Paving. No more than 50% of
the required front yard area including driveways
shall be paved.
5
(i) Building Entrance. The project building
entrance shall be parallel with the street.
(j) Unenclosed Porches. Unenclosed porches
which may be covered by a roof or canopy may
encroach a maximum of 6 feet into the required 10
foot front yard setback.
6
"
(1) Transitional housing.
(m) Yard sales, limited to two per calendar
year, for each dwelling unit, for a maximum of two
days.
9.04.08.06.030
Uses subject to performance
standards permit.
The following uses may be permitted in the R2
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.
SECTION 4. Section 9.04.08.06.060 of the Santa Monica
Municipal Code is amended to read as follows:
9.04.08.06.060
Property
Development
standards.
All property in the
developed in accordance
standards:
R2 District
with the
shall be
following
7
"
(a) Two stories, not to exceed 30 feet,
except that there shall be no limitation on the
number of stories of any Affordable Housing
Project, as long as the building height doe s
not exceed 30 feet.
(b) Maximum unit Density. One dwelling unit
for each 1,500 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 the
effective date of this Chapter.
(c) Maximum Parcel coverage. 50 percent.
(d) 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 parcels existing on the effective
date of this Chapter shall not be subject to
this requirement.
(e) Front Yard setback. 20 feet, or as
shown on the Official Districting Map,
whichever is greater.
(f) Rear Yard Setback. 15 feet.
(g) 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
8
shall be 10% of the parcel width but not less
than 4 feet:
5' + (stories x lot width)
50'
(h) Development Review. A Development
Review Permit is required for any development
of more than 15,000 square feet of floor area.
SECTION
5.
Santa
Monica
Municipal
Code
Sections
9.04.08.08.020 through 9.04.08.08.040 are amended to read as
follows:
9.04.08.08.020 Permitted Uses.
The following uses shall be permitted in the
R3 District:
(a) Congregate housing.
(b) Domestic violence shelters.
(c) Hospice facilities.
(d) MUlti-family dwelling units.
(e)
One-story
accessory
buildings
and
structures up to 14 feet in height.
(f) Public parks and playgrounds.
(g) Residential care facilities.
(h) Senior housing.
(i) Senior group housing.
9
, ,
(j)
permanent
housing) .
(k) single room occupancy housing.
(1) Small family day care homes.
(m) Transitional housing.
(n) Yard sales , limited to two per calendar
year, for each dwelling unit, for a maximum of two
days.
Single family
foundation
dwellings
(including
placed on a
manufactured
9.04.08.08.030
Uses subj ect to performance
standards permit.
The following uses may be permitted in the R3
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.
9.04.08.08.040 Conditionally permitted uses.
The following uses may be permitted in the R3
District subject to the approval of a Conditional
Use Permit:
10
(a) Bed and breakfast facilities.
(b) Boarding houses.
(c) Child day care centers.
(d) Community care facilities.
(e) Homeless shelters.
(g) Neighborhood grocery stores.
(h) Offices and meeting rooms for charitable,
youth, and welfare organizations.
(i) One story accessory buildings over 14 feet
in height or two story accessory buildings up to a
maximum height of 24 feet.
(f) Places of worship.
(j) Residential care facilities.
(k) Rest homes.
( 1) Schools.
em) Underground parking structures provided
the parcel was occupied by a surfacing parking lot
at the time of adoption of this Chapter, the parcel
is not adjacent to a parcel in the C2 District, the
ground level above the underground parking
structure is used for residential or public park
and open space uses, the structure is associated
with an adjacent commercially zoned parcel, and the
vehicle access to the underground parking is from
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the commercially zoned parcel and as far from the
residentially zoned parcel as is reasonably
possible.
SECTION 6. section 9.04.08.08.060 of the Santa Monica
Municipal Code is amended to read as follows:
9.04.08.08.060.
standards.
All property in the
developed in accordance
standards:
(a) Maximum Building Height. Three stories,
not to exceed 40 feet, except that there shall
be no limitation on the number of stories of any
Affordable Housing Project, as long as the building
height does not exceed 40 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 the effective date of
this Chapter.
(c) Maximum Parcel Coverage. 50 percent.
(d) Minimum Lot Size. 5,000 square feet.
Property
development
R3 District
with the
shall be
following
12
"
Each parcel shall contain a minimum depth of
100 feet and a minimum width of 50 feet,
except that parcels existing on the effective
date of this Chapter shall not be subject to
this requirement.
(e) Front Yard Setback. 20 feet, or as
shown
on the Official Districting Map,
whichever is greater.
(f) Rear Yard Setback. 15 feet.
(g) 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 lot width but not
less than 4 feet:
5' + (stories x lot width)
50'
(h) Development Review. A Development
Review Permit is required for any development
of more than 22,500 square feet of floor area.
SECTION 7. Sections 9.04.08.10.020 and 9.04.08.10.030 of the
Santa Monica Municipal Code Sections are amended to read as
follows:
13
9.04.08.10.020 Permitted uses.
The following uses shall be permitted in the
R4 District:
(a) Congregate housing.
(b) Domestic violence shelters.
(c) Hospice facilities.
(d) Multi-family dwelling units.
(e) One-story accessory buildings and
structures up to 14 feet in height.
(f) Public parks and playgrounds.
(g) Senior housing.
(h) Senior group housing.
(i) Single family dwellings placed on a
permanent foundation (including manufactured
housing) .
(j) Single room occupancy housing.
(k) Small family day care homes.
(1) Transitional housing.
(m) Yard sales, limited to two per calendar
year, for each dwelling unit, for a maximum of two
days each.
9.04.08.10.030 Uses subject to performance
standards permit.
The following uses may be permitted in the R4
District subject to the approval of a Performance
14
standards Permit:
(a) Large family day care homes.
(b) One-story accessory living quarters, up to
l4 feet in height, on a parcel having a minimum
area of 10,000 square feet.
(c) Private tennis courts.
SECTION 8.
section 9.04.08.10.060 of the Santa Monica
Municipal Code is amended to read as follows:
9.04.08.10.060.
standards.
property
development
All property in the
developed in accordance
standards:
(a) Maximum Building Height. Four stories,
not to exceed 45 feet. There .shall be no
limitation on the number of stories of any hotel,
parking structure, or Affordable Housing Project,
so long as the building height does not exceed 45
feet.
R4 District
with the
shall be
following
(b) Maximum Unit Density. One dwelling
unit for each 900 square feet of parcel area.
No more than one dwelling unit shall be
permitted on a parcel of less than 4,000
15
"
square feet if a single family dwelling
existed on the parcel on the effective date of
this Chapter.
(c) Maximum Parcel Coverage. 50 percent.
(d) 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 parcels existing on the effective
date of this Chapter are not subject to this
requirement.
(e) Front Yard Setback. 20 feet, or as
shown on the Official Districting Map,
whichever is greater.
(f) Rear Yard Setback. 15 feet.
(g) 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'
(h) Development Review. A Development
Review Permit is required for any development
of more than 25,000 square feet of
floor
16
area.
SECTION 9. Section 9.04.08.12.020 of the Santa Monica
Municipal Code is amended to read as follows:
9.04.08.12.020 Permitted uses.
The following uses shall be permitted in the
RVC District, if conducted within an enclosed
building, except where otherwise permitted:
(a) Arts and crafts shops.
(b) Camera shops.
(c) Congregate housing.
(d) Convention and conference facilities.
(e) Domestic violence shelters.
(f) Entertainment and cultural uses.
(g) Gift or souvenir shops.
(h) Libraries.
(i) Marine oriented uses such as aquariums.
(j) Museums.
(k) Neighborhood grocery stores.
(1) Single family dwellings placed on a
permanent foundation (including manufactured
housing) .
(m) Multi-family dwellings.
(n) Night Clubs within hotels.
17
~
(0) Retail uses that cater to the visiting
public.
(p) Public parks and playgrounds.
(q) Residential uses existing at the time of
adoption of this Chapter.
(r) Restaurants.
(s) Schools.
(t) Senior housing.
(u) senior group housing.
(v) Single room occupancy housing.
(w) Skating rinks.
(x) Snack shops.
(y) Swim and health clubs.
(z) Transitional housing.
(aa) The following uses if conducted on the
Santa Monica pier or along The Promenade:
(1) Amusement and game arcades.
(2) Bait shops and fishing supplies.
(3) Exhibitions and games.
(4) Fish markets.
(5) Marine service stations and boat
landings on the pier only.
(6) Night clubs.
(7) Sport fishing.
(bb) Accessory uses which are determined by
the Zoning Administrator to be necessary and
18
customarily associated with, and are appropriate,
incidental, and subordinate to, the principal
permitted use.
(cc) other uses determined by the Zoning
Administrator to be similar to those listed above
and which are consistent and not more disruptive or
disturbing than permitted uses.
SECTION 10.
section 9.04.08.12.060 of the Santa Monica
Municipal Code is amended to read as follows:
9.04.08.12.060
standards.
Property
development
All property in the RVC District
developed in accordance with the
standards:
(a) Maximum Building Height and FAR. Maximum
building height, number of stories and floor area
ratio shall be determined as follows:
shall be
following
(1) Properties
Bounded by
the Following
streets
Maxi-
Maxi- mum No.
mum of
Height Stories
Maxi-
mum
FAR
19
'f
Pier Overlay:
a. Santa
Monica Pier.
The Deauville
site to the
north, Seaside
Terrace to the
south, The
Promenade to
the west, and
Ocean Avenue
to the east,
except parcels
fronting on
Ocean Avenue.
b. Parcels
fronting on
Ocean Avenue.
30'
30'
20
2
2
1~0
.5
3
1.0
c. Replace- 40'
ment of Sinbad's
building only
on the Santa
Monica Pier.
d. Amuse-
ment rides
on the Santa
Monica Pier.
West side of
Ocean Avenue
from pico
Boulevard to
Seaside Terrace
(Ocean Avenue
Fronting Parcels
Only) .
East side of
Ocean Avenue
to First Court
from Colorado
Avenue to
California Avenue.
85' for one Ferris Wheel;
55' for one Roller Coaster;
45' for all other amusement
rides.
45'
3
2.0
45'
3
2.0
21
f,
pico Boulevard
to Vicente
Terrace from
west side of
Ocean Avenue
to The Prome-
nade.
For parcels
located along
the Pacific
Coast Highway
between the
Santa Monica
Pier and the
north city limits.
45'
2.0
3
23'
flat roof
2
0.5
30'
pitched roof
(2) As used in this Section, 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
horizontal run. The walls of the building may
not exceed the maximum height required for a
flat roof.
22
"
(3) There shall be no limitation on
the number of stories of any hotel parking
structure, or Affordable Housing Project, as
long as the height does not exceed the maximum
number of feet permitted in this Section.
Maximum building height for the pier platform
shall be measured from the pier platform
rather than average natural grade.
(b) Maximum Unit Density. For parcels
located along the Pacific Coast Highway
between the Santa Monica Pier and the north
city limits, those parcels greater than 4,000
square feet, one dwelling unit for each 1,500
square feet of parcel area is permitted. For
parcels less than 4,000 square feet, no
dwelling units shall be permitted except that
one dwelling unit may be permitted if a single
family dwelling existed on the parcel on
September 9, 1988. No more than one dwelling
unit shall be permitted on a parcel 40 feet or
less in width.
(c) Maximum Parcel Coverage. Seventy
(70) percent except that for parcels located
along the Pacific Coast Highway between the
Santa Monica Pier and the north city limits,
23
"
the maximum parcel coverage shall be 50
percent.
(d) Minimum Lot size. Five thousand
(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 9, 1988 shall not be
subject to this requirement.
(e) Front Yard Setback. (1) Thirty-five
(35) feet along the west side of Ocean Avenue
south of Colorado Avenue, 20 feet on the east
side of Ocean Avenue south of Colorado Avenue
and 5 feet on all other streets, except that
for parcels located along the Pacific Coast
Highway between the Santa Monica Pier and the
north city limits, the front yard setback
shall be 20 feet or as shown on the Official
Districting Map, whichever is greater. (2) At
least 30% of the building elevation above 14
feet in height shall provide an additional 5
foot average setback from the minimum required
front yard setback.
(f) Rear Yard Setback. Fifteen (15)
feet, except that for parcels located along
the Pacific Coast Highway between the Santa
Monica pier and the north city limits, the
24
beach rear yard setback shall be 15 feet for
parcels 100 feet or less in depth, 55 feet for
parcels over 100 feet in depth.
(g) 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'
For parcels located along the Pacific
Coast Highway between the Santa Monica pier
and the north city limits, at least 25% of the
side elevation above 14 feet in height shall
provide an additional 4 foot average setback
from the minimum side yard setback.
(h) Development Review.
A Development
Review Permit is required for any development
of more than 15,000 square feet of floor area
on the Promenade, 30,000 square feet of floor
area in all other areas of the District, and
for any development with rooftop parking.
25
(i) view corridor. For parcels located
along the Pacific Coast Highway between the
Santa Monica Pier and the north city limits,
any structure with 70 feet or more of frontage
parallel to Pacific Coast Highway shall
provide an unobstructed view corridor between
Pacific Coast Highway and the Ocean. The view
corridor shall be a minimum of 20 continuous
feet in width measured from the property line
abutting and parallel to Pacific Coast Highway
and shall remain unobstructed by any structure
or portion thereof.
(j) Parking. For parcels located along
the Pacif ic Coast Highway between the Santa
Monica Pier and the north city limits,
uncovered parking may be located in the front
half of the parcel and within the required
front yard setback.
SECTION 12. sections 9.04.08.28.020 through 9.04.08.28.040 of
the Santa Monica Municipal Code are amended to read as follows:
9.04.08.28.020 Permitted uses.
The following uses are permitted in the "CM"
Main Street Commercial District, if the use is a
single use occupying less than 7,500 square feet,
and is conducted within an enclosed building, the
26
, ,
ground floor Main street frontage of which does not
exceed 75 linear feet, unless otherwise indicated:
(a) Appliance repair shops.
(b) Art galleries.
(c) Artist studios.
( d) Banks and savings and loan institutions.
(e) Barber and beauty shops.
(f) Bed and breakfast facilities provided that
any dining facility shall be limited to use by
registered guests only. Only two such facilities
may be permitted in the district.
(g) Child day care centers.
(h) Congregate housing.
(i) Domestic violence shelters.
(j) Florists and plant nurseries.
(k) Furniture upholsterer's shops.
(1) General offices.
(m) General retail uses.
(n) Homeless shelters with less than 55 beds.
(0) Laundromats, dry cleaners.
(p) Libraries.
(q) Medical, dental and optometrist facilities
above the first floor provided the use does not
exceed a maximum of 3,000 square feet.
(r) MUlti-family dwelling units.
(s) Print or publishing shops.
27
'i
(t) Restaurants with 49 or less seats.
(u) Senior housing.
(v) Senior group housing.
(w) Shoe repair stores.
(x) Single family dwelling units.
(y) Single room occupancy housing.
(z) Tailors.
(aa) Theaters with 75 or less seats.
(bb) Transitional housing.
(cc) Wholesale stores where the public is
invited.
9.04.08.28.030
Uses subject to performance
standards permit.
The following uses may be permitted in the CM
District subject to the approval of a Performance
Standards Permit:
(a) Sidewalk cafes.
9.04.08.28.035 Uses subject to a use permit.
(a) outdoor newsstands.
9.04.08.28.040 conditionally permitted uses.
The following uses may be permitted in the CM
District subject to the approval of a Conditional
Use Permit:
28
~
(a) Bars;
(b) Billiard parlors;
(c) Bowling alleys;
(d) Business colleges;
(e) catering businesses;
(f) Dance studios;
(g) Exercise facilities;
(h) Fast-food and take-out establishments;
(i) Homeless shelters with 55 or more beds;
(j) Medical, dental and optometrist facilities
at the first floor or in excess of 3,000 sq. ft.;
(k) Meeting rooms for charitable, youth and
welfare organizations;
(1) Museums;
(m) Music conservatories and instruction
facilities;
(n) Places of worship;
(0) Restaurants with 50 seats or more;
(p) Retail stores with 30 percent or less of
the total linear shelf display area devoted to
alcoholic beverages;
(q) Sign painting shops;
(r) Theaters having more than 75 seats.
(s) Trade schools;
(t) Wine shops devoted exclusively to sales of
wine. There shall be not limit on the total linear
29
shelf display area;
(u) Any otherwise permitted uses in the CM
Main street Commercial district which occupy more
than 7,500 sq. ft. of floor area;
(v) Any otherwise permitted uses in the CM
Main street Commercial district the ground floor
Main street frontage of which exceeds 75 linear
feet;
(w) All uses other than specifically
prohibited uses, that are determined by the Zoning
Administrator to be similar and consistent with
those uses specifically permitted, subject to
performance standards, or conditionally permitted.
SECTION 13.
follows:
section 9.04.08.28.060 is amended to read as
9.04.08.28.060 Property development standards.
For purposes of property development
standards, there shall be three zoning
classifications within the CM district: CM2, CM3
and CM4. All property in the CM District shall be
developed in accordance with the following
standards:
(a) Maximum Building Height and FAR. Maximum
building height, number of stories and floor area
ratio shall be determined as follows:
30
District
CM2
CM3
CM4
Max.
Height
Max.
No. of
stories
27'
2
35'
3
35'
3
Notwithstanding the above, property in the CM4
District may be developed to a maximum height of 47
feet, 4 stories and a 2.5 FAR, provided the
following conditions are met:
(1) The fourth floor does not exceed more
than 50 percent of the third floor footprint;
(2) The fourth floor is set back a
minimum of 10 feet from the third floor street
frontage(s) ;
(3) The fourth floor is set back a
minimum of 5 feet from the third floor side and
rear yard building frontages;
(4) The fourth floor setback at the
street frontage is devoted to a roof garden or
unenclosed terrace;
(5) The development includes residential
uses equal to or exceeding the floor area of the
fourth floor;
(6) The front yard setback at the ground
31
Max.
FAR
1.5
2.0
2.0
floor level is double that required pursuant to
subsection (b) of this section.
There shall be no limitation on the number of
stories of any structure whose floor area contains
50% or more residential uses as long as the height
does not exceed the maximum number of feet
permitted in the zoning classification of the CM
District in which it is located, or as allowed by
section 9.04.l0.14.030(a) of this Chapter.
For purposes of calculating the FAR of any
structure within the CM District, multiresidential
uni ts devoted strictly to apartment residential
uses sha1l be computed at one-half (1/2) the actual
total floor area.
(b) Front Yard Setback. A front yard shall be
provided in accordance with Part 9.04.10.04 of this
Code.
(c) Rear Yard Setback. A rear yard shall be
provided and maintained. Said yard shall have a
minimum depth as follows:
(1) CM2 District, east of the centerline
of Main street. No rear yard shall be required for
one-story structures and for the first floor of a
two-story structure, provided that any portion of
the first floor which is within five (5) feet of
the rear property line is not more than nine feet
32
"
in height and is fully enclosed, i. e., wi thout
windows, doors or ventilation openings permitting
visual access to adjoining residential property.
Any portion of the first floor that either exceeds
nine feet in height or is not fully enclosed shall
be at least five feet from the rear property line.
The minimum rear yard requirement for the
second-story portion of a two-story structure shall
be 20 feet.
(i) Use of Rear Yard. Commercial
use in the required rear yard is not permitted.
Noncommercial uses and parking are permitted in the
rear yard to the rear property line on the ground
level.
33
"
(2) CM2 District, west of the centerline
of Main street. No rear yard shall be required for
a one-story structure, provided that any portion of
the first-floor structure which is within five feet
of the rear property line does not exceed nine feet
in height. Any portion of the first floor that
exceeds nine feet in height shall be at least five
feet from the rear property line. The minimum rear
yard requirement for the second story of a
two-story structure shall be five feet.
(3) CM3 District. Rear yard requirements
in the CM3 District shall be the same as those
required in the cM2 District, west of the
centerline of Main street, for one and two story
structures. A minimum 15-foot rear yard setback for
any portion of a third story is required.
(4) CM4 District. No rear yard setback
is required except as may be required in subsection
(a) of this Section.
(d) side Yard Setback. None.
(e) Development Review. A Development Review
Permit is required for any development of more than
11,000 square feet of floor area.
SECTION 14. Sections 9.04.08.30.020 through 9.04.08.030.040
are amended to read as follows:
34
9.04.08.30.020 Permitted uses.
The following uses shall be permitted in the
CP District, if conducted within an enclosed
building, except where otherwise permitted:
(a) Adult day care facilities.
(b) Artist studios.
(c) Barber or beauty shops.
(d) Child day care centers.
(e) Confectionery stores.
(f) Congregate housing.
(g) Convent, monasteries an other similar
group living quarters.
(h) Delicatessens.
(i) Domestic violence shelters.
(j) Drugstores.
(k) Florists.
(1) Gift or souvenir shops.
(m) Homeless shelters with less than 55 beds.
(n) Hospitals.
(0) Ice cream shops.
(p) Medical and dental clinics and
laboratories.
(q) Medical and general offices.
(r) Medical supplies and services.
(s) MUlti-family dwelling units.
(t) Offices and meeting rooms for charitable,
35
youth, and welfare organizations.
(u) Office supply stores.
(v) Public parks and playgrounds.
(w) Residential uses including residential
uses at the ground floor.
(x) Restaurants.
(y) Rest homes.
(z) Sanitariums.
(aa) Schools.
(bb) Senior housing.
(cc) Senior group housing.
(dd) Single family dwelling units.
(ee) Single room occupancy housing.
(ff) Stationery stores.
(gg) Transitional housing.
(hh) Accessory uses which are determined by
the Zoning Administrator to be necessary and
customarily associated with, and appropriate,
incidental, and subordinate to the principal
permitted uses and which are consistent and not
more disturbing or disruptive than permitted uses.
(ii) Other uses determined by the Zoning
Administrator to be similar to those listed above
and which are consistent and not more disturbing or
disruptive than permitted uses.
36
9.04.08.30.030 Uses subject to performance
standards permit.
The following uses may be permitted in the CP
District subject to the approval of a Performance
Standards Permit:
(a) Sidewalk cafes.
9.04.08.30.040 Conditionally permitted uses.
The following uses may be permitted in the CP
District subject to the approval of a Conditional
Use Permit:
(a) Automobile parking lots and structures.
(b) Banks and savings and loan institutions.
(c) Clubs and lodges.
(d) Credit agencies.
(e) Credit unions.
(f) Dance and exercise studios.
(g) Funeral parlors and mortuaries.
(h) Homeless shelters with 55 or more beds.
(i) Libraries.
(j) Places of worship.
SECTION 15. Section 9.04.08.30.060 of the Santa Monica
Municipal Code is amended to read as follows:
37
"
9.04.08.30.060.
Property
development
standards.
All property in the CP District shall be
developed
in
accordance
with
the
following
standards unless otherwise provided in the Hospital
Area Specific Plan:
(a)
Maximum Building Height.
Maximum
building height, number of stories, and floor area
ratio shall be determined as follows:
Table 9.04.08.30.060
with Approval of a
Development Review Permi t
Max. Max.
Max. No. of Max. Max. No. of Max.
Height stories FAR Height stories FAR
CP3 45' 3 1.5
CP5 45' 3 1.5 70' 5 2.5
There shall be no limitation on the number of
stories of any hotel,
detached parking structure
or Affordable Housing Project
as long as the
height does not exceed the maximum number of feet
permitted in this section or as allowed by Section
9.04.10.14.030(a) of this Chapter.
(b) The main hospital campus of Saint John's
Hospital and Health Center shall be divided into
two parcels for purposes of
calculating FAR.
38
"
Parcel A Lot 13, Block 3, Orchard Tract; Parcel B
Lots 429, Tract No. 4618 and Lots 1, 2 and 3, Tract
No. 7764.
(c) Parking structures developed in the CP
District in which at least half of the spaces are
provided to address an existing
parking space
deficiency or are replacing existing parking shall
not be subject to FAR limitations, but shall be
required to meet all other development standards
for the area.
(d) Minimum Lot size. 7,500 square feet. Each
parcel shall contain a minimum depth of 150 feet
and a minimum width of 50
feet, except that
parcels existing on the effective date of this
Chapter shall not be subject to this requirement.
(e) Front Yard Setback. As shown on the
Official Districting Map of the City, or, if no
setback is specified, 20 feet.
(f) Rear Yard Setback. None, except:
( 1) Where rear parce 1 1 ine abuts a
residential district, a rear yard equal to:
5' + (stories x lot width)
50'
The required rear yard may be used for parking
or loading to within 5 feet of the rear parcel line
39
f,
provided the parking or loading does not extend
above the first floor level and provided that a
wall not less than 5 feet or more than 6 feet in
height is erected and maintained along the rear
commercial parcel line. Access driveways shall be
permitted to cross perpendicularly the required
rear yard provided the driveway does not exceed the
minimum width permitted for the parking area. A
required rear yard shall not be used for commercial
purposes.
(2 )
That
needed
to
accommodate
landscaping and screening for a rear yard buffer
required pursuant to the provisions of Part
9.04.10.04.
(g) side Yard Setback. None, except:
(1) Where the interior side parcel line
abuts a residential district, an interior side yard
equal to:
5' + (stories x lot width)
50'
The interior side yard may be used for parking
or loading no closer than 5 feet to the interior
side property line provided the parking or loading
does not extend above the first floor level and
40
"
provided a wall not less than 5 feet or more than 6
feet in height is erected and maintained along the
side commercial parcel line. A required interior
side yard shall not be used for access or for
commercial purposes.
(2) That needed to accommodate
landscaping required for a street side yard,
landscape buffer and screening pursuant to the
provisions of Part 9.04.10.04.
(3) A 10 foot setback from an interior
property line shall be required for portions of
buildings that contain windows, doors, or other
openings into the interior of the building. An
interior side yard less than 10 feet shall be
permi tted if provisions of the Uniform Building
Code related to fire-rated openings in side yards
are satisfied.
(h) Development Review. A Development Review
Permit is required for any development of more
than 22,500 square feet of floor area, for any
development with rooftop parking, and to heights
and floor area ratios in 9.04.08.30.060(a).
(i) All new commercial development in
this District shall provide free employee parking
and a minimum one hour free visitor parking unless
a preferential parking zone exists or is
41
established in the area of the development and the
city finds that the preferential parking district
will adequately mitigate potential adverse
on-street parking impacts of the development, or if
otherwise provided in the Hospital Area Specific
Plan.
SECTION 16.
Section.9.04.08.32.020 of the Santa Monica
Municipal Code is amended to read as follows:
9.04.08.32.020 Permitted Uses.
The following uses shall be permitted in the
CC District:
(a)
(b)
(c)
(d)
Convention and conference facilities.
Cultural facilities.
Homeless Shelters.
research
Nonprofit office,
facilities.
educational
and
(e) Public institutions.
(f) PUblic parks and playgrounds.
(g) Public parking.
(h) Transitional housing.
(i) Other compatible public uses.
(j) On-premise, accessory uses for any of the
above uses, including cafes, restaurants, and
newsstands, which are primarily intended to serve
42
',-
visi tors and users of the primary uses. There
shall be no direct access to any accessory use from
the exterior of a building or structure. Access
shall be permitted only through a foyer, court,
lobby, patio, or other similar area.
SECTION 17. section 9.04.08.44.020 of the Santa Monica
Municipal Code is amended to read as follows:
9.04.08.44.020 Permitted uses.
The following uses may be permitted in the OP-
1 District:
(a) Domestic violence shelters.
(b) Hospice facilities.
(c) One single family dwelling per lot placed
on a permanent foundation (including manufactured
hous ing) .
(d) one-story accessory buildings and
structures up to 14 feet in height.
(e) Public parks and playgrounds.
(f) Small family day care homes.
(g) State authorized, licensed, or certified
uses to the extent required to be permitted by
state Law.
43
"
(h) Yard sales, limited to two per calendar
year, for a maximum of two days.
SECTION 18. section 9.04.08.48.020 of the Santa Monica
Municipal Code Section is amended to read as follows:
9.04.08.44.020 Permitted uses.
The following uses may be permitted in the OP-
Duplex District:
(a) Domestic violence shelters.
(b) Hospice facilities.
(c) MUlti-family dwelling units.
(d) One-story accessory buildings and
structures up to 14 feet in height.
(e) Public parks and playgrounds.
(f) Single family dwellings placed on a permanent
foundation (including manufactured housing).
(g) Small family day care homes.
(h) Yard sales, limited to two per calendar
year, for a maximum of two days.
SECTION 19. Section 9.04.08.48.060 of the Santa Monica
Municipal Code is amended to read as follows:
44
"
9.04.08.48.060
Property
development
standards.
All property in the OP-Duplex District shall
be developed in accordance with the following
standards:
(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 2 sides having no less than one
foot of vertical rise for every three feet of
horizontal run. The walls of the building may not
exceed the maximum height required for a flat roof.
There shall be no limitation on the number of
stories of any Affordable Housing Project, as long
as the building height does not exceed the
maximum number of feet permitted in this section.
(b) Maximum unit Density. Two units per lot.
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.
(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.
45
f,
(e) Front Yard Setback. 30 feet measured from
the center line of the walkway.
(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'
(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:
46
'f
(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.
(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 6 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
47
"
permit shall be subject to the provisions of Part
9.04.10.04 of this Chapter.
(j) Development Review. A Development Review
Permit is required for any development of more than
15,000 square feet of floor area.
SECTION 20. sections 9.04.08.50.020 through 9.04.08.50.040 of
the Santa Monica Municipal Code are amended to read as follows:
9.04.08.50.020 Permitted uses.
The following uses shall be permitted in the
OP-2 District.
(a) Congregate housing.
(b) Domestic violence shelters.
(c) Hospice facilities.
(d) Multi-family dwelling units.
(e) One-story Accessory buildings and
structures up to 14 feet in height.
(f) Public parks and playgrounds.
(g) Single family dwellings placed on a
permanent foundation (including manufactured
housing) .
(h) Single room occupancy housing.
(i) Small family day care homes.
(j) Senior housing.
(k) Senior group housing.
48
(1) Transitional housing.
(m) Yard sales, limited to two per calendar
year, for each dwelling unit, for a maximum of two
days.
9.04.08.50.030
Uses subject to performance
standards permit.
The following uses maybe perrni tted in
the OP-2 District subject to the approval of a
Performance Standards Permit:
(a) Large family day care homes.
(b) Private tennis courts.
9.04.08.50.040 conditionally permitted uses.
The following uses may be permitted in the oP-
2 District subject to the approval of a Conditional
Use Permit:
(a) Bed and breakfast facilities.
(b) Boarding houses.
(c) Child day care centers.
(d) Community care facilities.
(e) Homeless shelters.
(f) Libraries.
(g) Neighborhood grocery stores.
49
','
(h) Offices and meeting rooms for charitable,
youth, and welfare organizations.
(i) One story accessory buildings over 14 feet
in height or two story accessory buildings up to a
maximum height of 24 feet.
(j) Places of worship.
(k) Residential care facilities.
(1) Rest homes.
(m) Schools.
(n) Underground parking structures provided
the parcel was occupied by a surfacing parking lot
at the time of adoption of this Chapter, the parcel
is not adjacent to a parcel in the C2 District, the
ground level above the underground parking
structure is used for residential or public park
and open space uses, the structure is associated
with an adjacent commercially zoned parcel, and the
vehicle access to the underground parking is from
the commercially zoned parcel and as far from the
residentially zoned parcel as is reasonably
possible.
SECTION 21. Section 9.04.08.50.060 of the Santa Monica
Municipal Code is amended to read as follows:
50
.,
9.04.08.50.060
standards.
All property in the OP-2 District shall be
developed in accordance with the following
standards:
(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 2 sides having no less than one
foot of vertical rise for every three feet of
horizontal run. The walls of the building may
not exceed the maximum height required for a flat
roof. There shall be no limitation on the number
of stories of any Affordable Housing Project, as
long as the building height does not exceed the
maximum number of feet permitted in this Section.
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 rear yard
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
Property
development
51
"
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 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;
52
(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 unexcavatedi
(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;
(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
53
'f
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
bonus provisions of prior code Section 9047.3.
(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 ona side yard facing
54
".
the street (i.e., on a corner lot) shall be
determined
in accordance wi th tie
fOllowing
formula, subject to the exceptions set forth below:
5' + (stories x lot width)
50'
(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.
55
'c
(3) The second floor side yard setback
above a primary window shall not project more than
2 feet into the required side yard setback.
(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 spac~s 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 Chapter.
(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
56
space shall include a deck, yard, patio or
combination thereof, which is adj acent 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 adj acent
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 no 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 the
balcony or deck shall be substantially opaque to
protect the privacy of occupants.
57
"
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. proj ects 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 architectural review, pursuant to Part
9.04.10. The minimum dimension of at least one area
of common open space shall be 10
feet in any
direction.
Any practical combination of lawn, paving,
58
decking, concrete or other serviceable dust free
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 utility 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 22. sections 9.04.08.52.020 through 9.04.08.52.040 of
the Santa Monica Municipal Code are amended to read as follows:
9004.08652.020 Permitted uses.
The following uses shall be permitted in the
OP-3 District.
(a) Congregate housing.
(b) Domestic violence shelters.
59
f(
(c) Hospice facilities.
(d) Multi-family dwelling units.
(e) One-story Accessory buildings and
structures up to 14 feet in height.
(f) Public parks and playgrounds.
(g) Residential care facilities.
(h) Senior housing.
(i) senior group housing.
(j) Single family dwellings placed on a
permanent foundation (including manufactured
housing) .
(k) Single room occupancy housing.
(1) Small family day care homes.
(m) Transitional housing.
(n) Yard sales, limited to two per calendar
year, for each dwelling unit, for a maximum of two
days.
9.04.08.52.030
Uses subject to performance
standards permit.
The following uses may be permitted in
the OP-3 District subj ect 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 lot having a minimum area
60
of 10,000 square feet.
(c) Private tennis courts.
9.04.08.52.040 conditionally permitted uses.
The following uses may be permitted in the OP-
3 District subject to the approval of a Conditional
Use Permit:
(a) Bed and breakfast facilities.
(b) Boarding houses.
(c) Child day care centers.
(d) community care facilities.
(e) Homeless shelters.
(f) Places of worship.
(g) Neighborhood grocery stores.
(h) Offices and meeting rooms for charitable,
youth, and welfare organizations.
(i) One story accessory buildings over 14 feet
in height or two story accessory buildings up to a
maximum height of 24 feet.
(j) Residential care facilities.
(k) Rest homes.
(1) Schools.
(m) Underground parking structures provided
the parcel was occupied by a surfacing parking lot
at the time of adoption of this Chapter, the parcel
is not adjacent to a parcel in the C2 District, the
61
"
ground level above the underground parking
structure is used for residential or public park
and open space uses, the structure is associated
with an adjacent commercially zoned parcel, and the
vehicle access to the underground parking is from
the commercially zoned parcel and as far from the
residentially zoned parcel as is reasonably
possible.
SECTION 23.
section 9.04.08.52.060 of the Santa Monica
Municipal Code is amended to read as follows:
9.04.08.52.060 Property
standards.
All property in the OP-3 District shall be
developed in accordance with the following
standards:
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 2 sides having no less than one
foot of vertical rise for every three feet of
horizontal run. The walls of the building may
not exceed the maximum height required for a flat
roof. There shall be no limitation on the number
of stories of any Affordable Housing project, as
long as the building height does not exceed the
62
','
maximum number of feet permitted in this section.
(b) Maximum unit Density. One dwelling unit
for each 1,500 square feet of lot area. An
additional unit shall be allowed if excess lot
area equals or exceeds 750 square feet, after
calculating the allowed number of units at 1,500
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 15,000 square feet or
exceeding a combined street frontage of 150 feet
shall be one dwelling unit for each 2,000 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 1,500 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 of 6 units or more which
comply with the density bonus provisions of prior
code Section 9047.3.
(d) Minimum Lot size. 5,000 square feet. Each
lot shall contain a minimum depth of 100 feet and
63
"
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
wi th 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 wi th the following
formula, subject to the exceptions set forth below:
5' + (stories x lot width)
50'
(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.
64
'c
(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.
(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
65
"
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 Chapter.
(j) Usable Private open Space. All groundlevel
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 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
66
, ,
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 no 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 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
67
, r
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 architectural review, pursuant to Part
9.04.10. The minimum dimension of at least one such
space shall be 10 feet in any direction.
Any practical combination of lawn, paving,
decking, concrete or other serviceable dust-free
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 utility 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
68
"
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 24.
sections 9.04.08.54.020 and 9.04.08.030 of the
Santa Monica Municipal Code are amended to read as follows:
9.04.08.54.020
Permitted uses.
The following uses shall be permitted in the
OP-4 District.
(a) Congregate housing.
(b) Domestic violence shelters.
(c) Hospice facilities.
(d) MUlti-family dwelling units.
(e) One-story Accessory buildings and
structures up to 14 feet in height.
(f) Public Parks and playgrounds.
(g) Senior housing.
(h) Senior group housing.
(i) Single room occupancy housing.
(j) Single family dwellings placed on a
permanent foundation (including manufactured
housing) .
(k) Small family day care homes.
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"
(l) Transitional housing.
(m) Yard sales, limited to two per calendar
year, for each dwelling unit, for a maximum of two
days.
9.04.08.54.030
Uses subject to performance
standards permit.
The following uses may be permitted in the OP-
4 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 lot having a minimum
area of 10,000 square feet.
(c) Private tennis courts.
SECTION 25.
section 9.04.08.54.060 of the Santa Monica
Municipal Code is amended to read as follows:
9.04.08.54.060 Property
standards.
All property in the OP-4 Ocean Park High
Multiple Residential District shall be developed in
accordance with the following standards:
(a) Maximum Building Height. 3 stories, not
to exceed 35 feet as measured from theoretical
grade. There shall be no limit on the number of
development
70
stories of any Affordable Housing Project, as long
as the building height does not exceed the maximum
number of feet permitted in this section.
(b) Maximum unit Density. One dwelling unit
for each 1,250 square feet of lot area. An
additional unit shall be allowed if excess lot area
equals or exceeds 625 square feet, after
calculating the allowed number of units at 1,250
square feet of lot area per unit.
(c) Maximum Lot coverage. 50 percent. 60% for
development projects which comply with the density
bonus provisions of prior code Section 9047.3.
(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. 15 feet minimum, or
10 feet minimum if the average setback of adjacent
dwelling(s) is 10 feet or less. An open one-story,
covered or uncovered porch open on three sides may
encroach 6 feet into a front yard with a 15 foot
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.
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'r
(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 wi th the following
formula, subject to the exceptions set forth below:
5' + (stories x lot width)
50'
(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 un 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
72
"
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.
(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 Chapter.
(j) Usable Private Open Space. All groundlevel
units shall have the following minimum amounts of
73
"
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 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 no
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 the
balcony or deck shall be substantially opaque to
74
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. proj ects 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, sha 11 count toward fu 1 f i llment 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
ground cover may meet a portion of the requirement,
subject to architectural review, pursuant to Part
9.04.10. The minimum dimension of at least one such
space shall be 10 feet in any direction. <
75
"
Any practical combination of lawn, paving,
decking, concrete or other serviceable dust-free
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 utility 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 26. sections 9.04.08.62.020 and 9.04.08.62.030 of the
Santa Monica Municipal Code are amended to read as follows:
9.04.08.62.020
Permitted uses.
The following uses shall be permitted in the
R2B District.
(a) Congregate housing.
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"
(b) Domestic violence shelters.
(c) Hospice facilities
(d) One single family dwelling per lot placed
on a permanent foundation including Manufactured
housing.
(e) One-story accessory buildings and
structures up to 14 feet in height.
(f) Public parks and playgrounds.
( g) Senior housing.
(h) Senior group housing.
(i) Single room occupancy housing.
(j) Small family day care homes.
(k)State authorized, licensed, or certified
uses to the extent required to be permitted by
State Law.
(l) Transitional housing.
(m) Yard sales, limited to two per calendar
year, for a maximum of two days.
9.04.08.62.030
Uses subject to performance
standards permit.
The following uses may be permitted in the R2B
Beach District subject to the approval of a
Performance Standards Permit:
(a) Large family day care homes.
(b) One-story accessory living quarters, up to
77
14 feet in height, on a parcel having a minimum
area of 10,000 square feet.
(c) Private tennis courts.
SECTION 27.
sections 9.04.08.64.020 through 9.04.08.64.040
are amended to read as follows:
9.04.08.64.020 Permitted uses.
The following uses shall be permitted in the
R3R District:
(a) Congregate housing.
(b) Domestic violence shelters.
(c) Hospice facilities.
(d) Multi-family dwellings.
(e) One-story accessory buildings
structures up to 14 feet in height.
(f) Public parks and playgrounds.
(g) Senior housing.
(h) Senior group housing.
(i) Single family dwellings
permanent foundation (including
housing).
and
placed on a
manufactured
(j) Single room occupancy housing.
(k) Small family day care homes.
(l) Transitional housing.
78
(m) Yard sales, limited to two per calendar
year, for each dwelling unit, for a maximum of two
days.
9.04.08.64.030
Uses subject to performance
standards permit.
The following uses may be permitted in the R3R
Beach District subject to the approval of a
Performance Standards Permit:
(a) Large family day care homes.
(b) One-story accessory living quarter, up to
14 feet in height, on a parcel having a minimum
area of 10,000 square feet.
(c) Private tennis courts.
9.04.08.64.040 conditionally permitted uses.
The following uses may be permitted in the R3R
District subject to the approval of a Conditional
Use Permit:
(a) Bed and breakfast facilities.
(b) Boarding houses.
(c) Child day care centers.
(d) Community care facilities.
(e) Places of worship.
(f) Homeless shelters.
(g) Neighborhood grocery stores.
79
, .
(h) Offices and meeting rooms for charitable,
youth, and welfare organizations.
(i) One story accessory buildings over 14 feet
in height or two story accessory buildings up to a
maximum height of 24 feet.
(j) Residential care facilities.
(k) Rest homes.
(l) Schools.
(m) Underground parking structures provided
the parcel was occupied by a surface parking lot at
the time of adoption of this Chapter, the parcel is
not adjacent to a parcel in the C2 District, the
ground level above the underground parking
structure is used for residential or public park
and open space uses, the structure is associated
with an adjacent commercially zoned parcel, and the
vehicle access to the underground parking is from
the commercially zoned parcel and as far from the
residentially zoned parcel as is reasonably
possible.
SECTION 27. Section 9.04.08.64.060 of the Santa Monica
Municipal Code is amended to read as follows:
80
"
9.04.08.64.060
standards.
Property
development
All property in the R3R District
developed in accordance wi th the
standards:
(a) Maximum Building Height. Two stories, not
to exceed 30 feet, except that there shall be no
limitation on the number of stories of any
Affordable Housing Project, as long as the building
height does not exceed 30 feet.
(b) Maximum Floor Area Ratio. 1.0.
(c) Maximum unit Density. For parcels greater
than 4,000 square feet, one dwelling unit for each
1,250 square feet of parcel area is permitted. For
parcels less than 4,000 square feet, no dwelling
units shall be permitted except that one dwelling
unit may be permitted if a single family dwelling
existed on the parcel on the effective date of
this Chapter.
shall be
following
(d) Maximum Parcel Coverage. 50 percent.
(e) 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 parcels existing on the effective date
of this Chapter shall not be subject' to this
requirement.
81
"
(f) Front Yard Setback. 20 feet, or as shown
on the Official Districting Map, whichever is
greater.
(g) Rear Yard Setback. 15 feet.
(h) 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'
(i) Development Review. A development Review
Permit is required for any development of more than
22,500 square feet of floor area.
SECTION 28.
Section 9.04.10.02.061 of the Santa Monica
Municipal Code is amended to read as follows:
9.04.10.02.061 Homeless shelters.
Homeless shelters located in any district
shall . comply with the
following development
standards:
(a)
Lighting.
Adequate external lighting
shall be provided for security purposes. The
lighting shall be stationary, directed away from
adjacent properties and public rights-of-way, and
82
"
of an intensity compatible with the neighborhood.
(b) Laundry Facilities. The development
shall provide laundry facilities or services
adequate for the number of residents.
(c) Common Facilities. The development may
provide one or more of the following specific
common facilities for the exclusive use of the
residents and staff:
(1) Central cooking and dining room(s).
(2) Recreation room.
(3) Counseling center.
(4) Child care facilities.
(5) other support services.
(d) Security. Parking and outdoor facilities
shall be designed to provide security for
residents, visitors and employees.
(e) Outdoor Activity. For the purposes of
noise abatement in residential districts, organized
outdoor activities may only be conducted between
the hours of eight a.m. and ten p.m.
(f) Refuse. Homeless shelters shall provide
a refuse storage area that is completely enclosed
with masonry walls not less than five feet high
with a solid-gated opening and that is large enough
to accommodate a standard-sized trash bin adequate
for use on the parcel, or other enclosures as
83
"
approved by the Director of General Services and
the Architectural Review Board. The refuse
enclosure shall be accessible to refuse collection
vehicles.
(g) Homeless Shelter Provider.
organization operating the shelter
with the following requirements:
(1) Temporary shelter shall be available
to residents for no more than six months.
The agency or
shall comply
(2) Staff and services shall be provided
to assist residents to obtain permanent shelter and
income.
(3) The provider shall have a written
management plan including, as applicable,
provisions for staff training, neighborhood
outreach, security, screening of residents to
insure compatibility with services provided at the
facili ty, and for training, counseling, and
treatment programs for residents.
(h) Maximum Unit Density. Homeless shelters
located in residential districts, when not
developed in an individual dwelling unit format,
shall not be subj ect to the underlying zoning
district's maximum unit density standard, but the
number of beds shall be limited to three (3) times
the maximum number of dwelling units which would
84
"
otherwise be permitted.
SECTION 29. section 9.04.10.111 of the Santa Monica Municipal
Code is amended to read as follows:
9.04.J.0.02.J.J.J.
commercial districts.
Single family dwelling units, mUlti-family
dwelling units, congregate housing, transitional
housing, single room occupancy housing, and senior
housing, located in the BCD, C2, C3, C3C, C4, C5,
C6, CM, CP, and M1 Districts shall comply with the
following standards:
(a) Location. Residential units may be
Residential
uses
in
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 BCD, C5, CP, or Ml Districts,
or to Affordable Housing Projects.
(b) Access. The residential units shall have
a separate and secured entrance and exit that is
directly accessible to the parking.
(c) Refuse storage and Location. The
residential units shall maintain a separate refuse
storage container separate from that used by the
85
commercial and manufacturing business. It shall be
clearly marked for residential use only and use by
commercial and manufacturing businesses shall be
prohibited.
SECTION 30.
section 9.04.10.02.142 of the Santa Monica
Municipal Code is amended to read as follows:
9.04.10.02. 142 Transitional and congregate
housing.
Transitional and congregate housing located in
any district shall be subject to the following
standards:
(a) The transitional housing or congregate
housing provider shall have a written management
plan including, as applicable, provisions for staff
training, neighborhood outreach, security,
screening of residents to insure compatibility with
services provided at the facility, and for
training, counseling, and treatment programs for
residents.
(b) Maximum unit Density. In residential
districts, congregate housing, when not developed
in an individual dwelling unit format, and
transitional housing, shall not be subject to the
underlying zoning district's maximum unit density
86
f(
standard, but the number of beds shall be limited
to three (3) times the maximum number of dwelling
units which would otherwise be permitted.
SECTION 31. Part 9.04.10.14 of the Santa Monica Municipal Code
is amended to read as follows:
Part
Incentives
9.04.10.14
Housing
Development
9.04.10.14.010 Purpose.
The City recognizes that there is a
growing need for a range of housing opportunities
in the City, including transitional housing,
congregate housing, homeless shelters, single room
occupancy housing, and affordable housing which is
deed restricted or restricted by an agreement
approved by the city. The standards allowed in
this section are intended to facilitate the
development of such
developments in the City.
alternative
housing
9.4.10.14.020 Ocean Park density bonuses.
Density bonuses shall be awarded for
affordable housing projects in the following
districts according to the following formulas:
87
~
(a) OP-2 District. proj ects of 4 or more
units may be developed with up to 75% more units
than allowed by the district density standards when
all of the density bonus units are permanently
deed-restricted for low income households.
Projects of 3 units may receive a bonus of one unit
when the density bonus unit is permanently deed-
restricted for a middle income household. A
density bonus of 25% as mandated by the state of
California is available for projects of 5 or more
uni ts I which meet state requirements I but do not
meet the standards of this subsection.
(b) OP-3 and OP-4 Districts. projects of 4
or more units may be developed with 50% more units
than allowed by the district density standards when
all of the density bonus units are permanently
deed-restricted for low income households.
Projects of 3 or 4 units may receive a bonus of one
unit when the density bonus unit is permanently
deed-restricted for a middle income household. A
density bonus of 25% as mandated by the state of
California is available for projects of 5 or more
units, which meet state requirements, but do not
meet the standards of this subsection.
(c) In calculating density bonus units, all
fractional units shall be rounded up to the next
88
"
highest whole number of units.
9.04.10.14.030
standards.
The following development standards shall
apply to Affordable Housing Projects:
special housing development
(a) Height Bonus.
(1) 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.
(2) Residential districts. Affordable
Housing Projects located in residential districts,
on parcels which abut or are located across an
alley from a non-residential district with a
maximum height limit equal to or greater than the
height limit for a pitched roof in the residential
district, shall not be subject to the requirement
for a pitched roof and the flat roof may achieve
the height established for a pitched roof.
(b) Density Bonus.
(1) Affordable Housing Projects in non-
residential districts. Affordable Housing Projects
located in non-residential zoning districts may
89
have a Floor Area Ratio equal to the applicable FAR
plus 0.5 times the floor area devoted to such
units. In mixed-use projects, such bonus may be
utilized in the residential portion of the project
only. To the extent a project qualifies for a
density bonus under state law, any bonus granted
under this subsection shall be counted toward
satisfying the state density bonus requirement.
(2) Affordable Housing Projects in
residential districts. Affordable Housing Projects
located in residential districts developed with
individual dwelling units, which meet the
requirements for a density bonus under state law,
are also entitled to a separate local density bonus
of 25%. Any density bonus received for affordable
housing pursuant to other Zoning Ordinance
provisions shall count toward the local density
bonus, so that in no event shall the total density
bonus for affordable housing under local provisions
exceed 25%, or the total density bonus including
the state density bonus exceed 50 %.
(c) Setbacks. Affordable Housing Projects
located on a corner parcel, the street frontage
dimensions 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
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portion of the required side yard setback, as long
as a minimum setback of 4 feet from the property
line is maintained.
(d) Unexcavated area. 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 32. 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 33. 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 34. 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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1~~Lc ~ )7Lc1l__f~
MARSHA JONES MOUTRIE
City Attorney
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Adopted and approved this 28th day of June, 1994.
i .hS'4
Ma
I hereby certify that the foregoing Ordinance No. 1750 (CCS) was duly and regularly
adopted at a meeting of The City Council on the 28th day of June, 1994; by the following
Council vote:
Ayes:
Councilmembers:
Abdo, Genser, Olsen, Rosenstein,Vazquez
Noes:
Councilmembers:
Greenberg
Abstain: Councilmembers:
Holbrook
Absent: Councilmembers: None
ATTEST:
A/M~
~ .
CIty Clerk
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