O1791
e
e
CA:f:\atty\muni\laws\mhs\stepb
city Council Meeting 3-21-95
Santa Monica, California
ORDINANCE NUMBER 1791 (CCS)
(City Councll Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING THE ZONING ORDINANCE
TO ESTABLISH UPPER-LEVEL STEPBACK REQUIREMENTS IN THE
R2, R3, R4, AND R3R ZONING DISTRICTS,
AND AMENDING UPPER-LEVEL STEPBACK REQUIREMENTS IN THE
BR R3 OVERLAY DISTRICT
WHEREAS, the Plannl.ng Commission adopted a Resolution of
Intention to amend the zoning ordinance to establish stepback
requirements in the R2, R3, R4, and R3R zoning districts, and to
modify stepback requirements in the BR R3 Overlay district; and
WHEREAS, the Planning Commission held a public hearing on the
proposed amendment on September 22, 1994 and made recommendations
to the city Council following the hearing; and
WHEREAS, the City Council held a public hearing on the
proposed amendmenti and
WHEREAS, the City Council finds and declares that the
proposed amendment is consistent in principle with the goals,
objectives, policies, land uses, and programs specified in the
adopted General Plan, in that the amendment would enhance the
quality of life for residents and neighbors of new buildings in
1
e
e
the affected zoning districts by providing greater light and air,
and enhancl.ng aesthetics by promoting greater building
articulationi and
WHEREAS, the public health, safety, and general welfare
require the adoptl.on of the proposed amendment, 1.0 that the
proposed standards would enhance the provision of light and al.r for
residents of new buildings, and would also promote aesthetic
interest by requirlng greater building articulationi
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
SECTION 1. section 9.04.08.06.060 of the Santa Monica
Municipal Code is amended to read as follows:
9.04.08.06.060
standards.
All property in the R2 District shall be
developed in accordance with the following
property
development
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 bUl.lding height does not exceed 30
feet.
2
e
e
(b) Kaximum unit Density. One (1)
dwelling unit for each 1,500 square feet of
parcel area. No more than one (1) 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.
Percent (50%) of the parcel area.
Fifty
(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 thlS
requirement.
(e) Front Yard Setback. The minimum
required front yard setback shall be either
twenty (20) feet, or shall comply with the
minimum required front yard setback as set
forth in the Offl.cial Districting Map for the
district, whichever area is greater.
(f) Rear Yard Setback. Fifteen (15) feet.
(g) Side Yard Setback. The minimum
required side yard setback shall be determined
in accordance with the following formula,
3
.
e
except that for lots of less than 50 feet in
width, the minimum required side yard setback
shall be ten percent (10%) of the parcel
width, but in any event not less than four (4)
feet:
5' + (stories x lot width)
50'
(h) Development Review. A Development
Review Permit shall be required for any
development of 15,000 square feet or more in
floor area.
(1) Private open Space.
Any project
containing four (4) or more residential
dwelling units shall provide the followlng
ml.nimum private open space:
100 square feet
per unit for projects with four (4) or five
(5) units, and 50 square feet per unit for
projects of six (6) units or more. For
purposes of this requirement, residential
dwelling unit shall mean any unit 376 square
feet in area or larger.
Affordable Housing
Projects may substitute one (1) square foot of
common open space f or each square foot of
required private open space.
4
e
e
(j) upper-Level Stepback Requirements.
(1) Additional front stepback over
fourteen (14) feet in height. For new
structures or additions to existing
structures, any portion of the front building
elevat10n above fourteen (14) feet exceeding
75 percent of the maximum buildable front
elevation shall be stepped back from the front
setback line an additional average amount
equal to four percent (4%) of parcel depth,
but in no case resul tl.ng in a requirement
stepback greater than ten (10) feet. As used
in this Section, IImaximum buildable elevationll
shall mean the maximum potential length of the
elevation permitted under these regulations,
which includes parcel width or length (as
applicable), minus required minimum setbacks.
(2) Additional side stepback over
fourteen (14) feet in height. For new
structures or additions to existing
structures, any portion of the side building
elevation above fourteen (14) feet exceeding
50 percent of the maximum buildable side
elevation shall be stepped back from the side
setback line an additional average amount
equal to S1X percent (6%) of parcel width, but
5
e
e
in no case resulting in a required stepback
greater than ten (10) feet.
(3) The upper-level stepback
requirements may be modif ied subj ect to the
reVl.ew and approval of the Architectural
Review Board if the Board finds that the
modl.fication will not be detrimental to the
property, adjoining properties, or the general
area l.n which the property is located, and the
obj ecti ves of the stepback requirements are
satisfied by the provision of alternative
stepbacks or other features which reduce
effective mass to a degree comparable to the
relevant standard requirement.
SECTION 2. Section 9.04.08.08.060 of the Santa Monica
Municl.pal Code is amended to read as follows:
9.04.08.08.060 property development
standards.
All property 1n the R3 District shall be
developed in accordance with the following
standards:
(a) Maximum Building Height. Three (3)
stories, not to exceed 40 feet, except that
there shall be no limitation on the number of
stories of any Affordable Housing Project, as
6
e
e
long as the building height does not exceed 40
feet.
(b) Maximum unit Density. One (1)
dwelling unit for each 1,250 square feet of
parcel area. No more than one (1) 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.
Fifty
Percent (50%) of the parcel area.
(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.
(e) Front Yard Setback. The minimum
required front yard setback shall be either 20
feet, or shall comply with the minimum
required front yard setback for the district
as set forth in the Official Districting Map,
whichever area l.S greater.
(f) Rear Yard Setback. Fifteen (15) feet.
(g) side Yard Setback. The minimum
required side yard setback shall be determined
7
e
e
l.n accordance with the following formula,
except that for parcels of less than 50 feet
in width, the minimum required side yard
setback shall be Ten Percent (10%) of the
parcel lot width, but in any event not less
than four (4) feet:
5' + (stories x lot width)
50'
(h) Development Review. A Development
Review Permit shall be required for any
development of 22,500 square feet or more in
floor area.
(i) Private Open space. Any project
containing four (4)
or more residential
dwelll.ng units shall provide the followlng
minimum private open space:
100 square feet
per unit for projects with four (4) or five
(5) un1ts, and 50 square feet per unit for
projects of six (6) units or more. For
purposes of this requirement, residential
dwelling unit shall mean any unit 376 square
feet in area or larger. Affordable Housing
Projects may substitute one (1) square foot of
common open space for each square foot of
required private open space.
8
It
e
(j) upper-Level Stepbaek Requirements.
(1) Additional front stepback over
fourteen (14) feet in height. For new
structures or additions to existing
structures, any portion of the front building
elevation between fourteen (14) feet and
thirty (30) feet exceeding 75 percent of the
maximum buildable front elevation shall be
stepped back from the front setback line an
additional average amount equal to four
percent (4%) of parcel depth, but in no case
resulting in a requirement stepback greater
than ten (10) feet. As used in this Section,
"maximum buildable elevation" shall mean the
maximum potential length of the elevation
permitted under these regulations, which
includes parcel width or length (as
applicable), minus required minimum setbacks.
(2) Additional front stepback over
30 feet in height. For new structures or
additl.ons to existing structures, any portion
of the front building elevation above 30 feet
exceeding 75 percent of the maximum buildable
front elevation shall be stepped back from the
front setback line an additional average
amount equal to six percent (6%) of parcel
9
tit
e
depth, but in no case resulting in a required
stepback greater than thirteen (13) feet.
(3) Additional side stepback over
fourteen (14) feet in height. For new
structures or additions to existing
structures, any portion of the side building
elevation between fourteen (14) feet and
thirty (30) feet exceeding 50 percent of the
maximum buildable side elevation shall be
stepped back from the side setback line an
additional average amount equal to six percent
(6%) of parcel width, but in no case resulting
in a requl.red stepback greater than ten (10)
feet.
(4) Additional side stepback over 30
feet in height. For new structures or
additions to existing structures, any portion
of the side building elevation above 30 feet
exceeding 50 percent of the maximum buildable
side elevation shall be stepped back from the
side setback line an additional average amount
equal to ten (10) percent of parcel width, but
in no case resulting in a required stepback
greater than thirteen feet.
(5) The upper-level stepback
requirements may be modified subject to the
10
e
e
review and approval of the Architectural
Review Board if the Board finds that the
modification will not be detrimental to the
property, adjoining properties, or the general
area in which the property is located, and the
objecti ves of the stepback requirements are
satisfied by the provision of alternative
stepbacks or other features which reduce
effective mass to a degree comparable to the
relevant standard requirement.
SECTION 3. Santa Monica Munl.cl.pal Code section 9.04.08.10.060
is amended to read as follows:
9.04.08.10.060
Property
development
standards.
All property in the R4 District shall be
developed in accordance with the following
standards:
(a) Maximum Building Height. Four (4)
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 height does
not exceed 45 feet.
(b)
dwelling
Maximum
unit for
Unit
each
Density.
900 square
One ( 1 )
feet of
11
e
e
parcel area. No more than one (1) dwelling
unit shall be permitted on a parcel of less
than 4,000 square feet l.f a single family
dwelling ex~sted on the parcel on September 8,
1988.
(c) Maximum Parcel coverage. Fifty
Percent (50%) of the parcel area.
(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 are not subject to this
requirement.
(e) Front Yard Setback. The minimum
required front yard setback shall be either
twenty (20) feet, or shall comply with the
minimum required front yard setback for the
district as set forth ~n the Official
Districting Map, whichever area is greater.
(f) Rear Yard Setback. Fifteen (15) feet.
(g) Side Yard Setback. The minimum
required side yard setback shall be determined
in accordance with the following formula,
except that for lots of less than 50 feet in
width, the minimum required side yard setback
shall be Ten Percent (10%) of the parcel
12
e
e
width, but in any event not less than four (4)
feet:
51 + (stories x lot width)
501
(h) Development Review. A Development
Review Permit shall be required for any
development of 25,000 square feet or more in
floor area.
(i)
private open Space.
Any proj ect
containing four (4) or more residential
dwelling units shall provide the following
minimum private open space:
100 square feet
per unit for projects with four (4) or five
(5) units, and 50 square feet per unit for
projects of six (6) units or more. For
purposes of this requl.rement, residential
dwelling unit shall mean any unit 376 square
feet l.n area or larger.
Affordable Housing
projects may substitute one (1) square foot of
common open space for each square foot of
required private open space.
(j) Upper-Level stepback Requirements.
(1) Addl.tional front stepback over
fourteen (14) feet in height.
For new
structures
or
additions
to
existing
structures, any portion of the front building
13
e
-
elevation between fourteen (14) feet and
thirty (30) feet exceeding 75 percent of the
maXl.mum buildable front elevation shall be
stepped back from the front setback line an
additional average amount equal to four
percent (4%) of parcel depth, but in no case
resul ting in a requirement stepback greater
than ten (10) feet. As used in this Section,
"maximum buildable elevation" shall mean the
maximum potential length of the elevation
permitted under these regulations, which
includes parcel width or length (as
applicable), minus required min1mum setbacks.
(2) Additional front stepback over
30 feet in height. For new structures or
additions to existing structures, any portion
of the front building elevatl.on above 30 feet
exceeding 75 percent of the maximum buildable
front elevation shall be stepped back from the
front setback line an additional average
amount equal to six percent (6%) of parcel
depth, but in no case resulting in a required
stepback greater than thirteen (13) feet.
(3) Additional side stepback over
fourteen (14) feet l.n height. For new
structures or additions to existing
14
e
e
structures, any portion of the side building
elevation between fourteen (14) feet and
thirty (30) feet exceeding 50 percent of the
maximum buildable side elevation shall be
stepped back from the side setback line an
additional average amount equal to six percent
(6%) of parcel width, but in no case resulting
in a required stepback greater than ten (10)
feet.
(4) Additional side stepback over 30
feet in height. For new structures or
additions to existing structures, any portion
of the side building elevation above 30 feet
exceeding 50 percent of the maximum buildable
side elevation shall be stepped back from the
side setback line an additional average amount
equal to ten (10) percent of parcel width, but
1n no case resulting in a required stepback
greater than thirteen feet.
(5) The upper-level stepback
requirements may be modified subj ect to the
review and approval of the Architectural
Review Board if the Board finds that the
modl.fication will not be detrimental to the
property, adjoining properties, or the general
area in which the property is located, and the
15
e
e
obj ecti ves of the stepback requirements are
satisfied by the provision of alternative
stepbacks or other features which reduce
effective mass to a degree comparable to the
relevant standard requirement.
SECTION 4. Santa Monica Municipal Code section 9.04.08.64.060
is amended to read as follows:
9.04.08.64.060
property
development
standards.
All property in the R3R District shall be
developed in accordance with the following
standards:
(a) Maximum Building Height. Two (2)
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 of
4,000 square feet or more, one (1) dwelling
unit for each 1,250 square feet of parcel area
shall be permitted. For parcels less than
4,000 square feet, no dwelling units shall be
permitted, except that one (1) dwelling unit
16
e
e
may be permitted if a single family dwelling
existed on the parcel on September 8, 1998.
(d)
Maximum Parcel Coverage.
Fifty
Percent (50%) of the parcel area.
(e) 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.
(f) Front Yard Setback. The minimum
required front yard setback shall be either
twenty (20) feet, or shall comply with the
minimum front yard setback for the district as
set forth l-n the Official Districting Map,
whichever area is greater.
(g) Rear Yard Setback. 15 feet.
(h) side yard setback. The minimum
required side yard setback shall be determined
in accordance Wl.th the following formula,
except that for lots of less than 50 feet in
width, the minimum required side yard setback
shall be Ten Percent (10%) of the parcel width
but in any event not less than four (4) feet:
5' + (stories x lot width)
50'
17
e
e
( i) Development Review. A development
Review Permit shall be required for any
development of 22,500 square feet or more in
floor area.
(j) Private Open space. Any project
containing four (4) or more residential
dwelling units shall provide the following
minimum private open space: 100 square feet
per un1t for projects with four (4) or five
(5) units, and 50 square feet per unit for
proj ects of six ( 6) uni ts or more. For
purposes of this requirement, residential
dwelling unit shall mean any unit 376 square
feet in area or larger. Affordable Housing
projects may substitute one (1) square foot of
common open space for each square foot of
required private open space.
(k) Upper-Level stepback Requirements.
(1) Additional front stepback over
fourteen (14) feet in height. For new
structures or addi tions to existing
structures, any portion of the front building
elevation above fourteen (14) feet exceeding
75 percent of the maximum bui ldable front
elevation shall be stepped back from the front
setback line an additional average amount
18
e
e
equal to four percent (4%) of parcel depth,
but in no case resulting in a requirement
stepback greater than ten (10) feet. As used
in this section, "maximum buildable elevation"
shall mean the maximum potential length of the
elevation permitted under these regulations,
which includes parcel width or length (as
applicable), minus required minimum setbacks.
(2) Additional side stepback over
fourteen (14) feet in height. For new
structures or addi tions to existing
structures, any portion of the side building
elevation above fourteen (14) feet exceeding
50 percent of the maximum buildable side
elevation shall be stepped back from the side
setback 11ne an additional average amount
equal to six percent (6%) of parcel width, but
in no case resulting ln a required stepback
greater than ten (10) feet.
(3) The upper-level stepback
requirements may be modified subject to the
review and approval of the Architectural
Review Board if the Board finds that the
modification will not be detrimental to the
property, adjoining properties, or the general
area in which the property is located, and the
19
e
e
obj ecti ves of the step back requirements are
satisfied by the provision of alternative
stepbacks or other features which reduce
effective mass to a degree comparable to the
relevant standard requirement.
SECTION 5. Santa Monica Municipal Code section 9.04.08.65.060
is amended to read as follows:
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 thirty feet;
(b) Maximum unit Density. One dwelling
unit for each twelve hundred fifty square feet
of parcel area. No more than one dwelling unit
shall be perm1tted on a parcel of less than
four thousand square feet if a single family
dwelling existed on the parcel on September 8,
1988i
(c)
Maximum Parcel Coverage.
Fifty
percent;
20
e
e
(d) M.inimum Parcel size. Five thousand
square feet. Each parcel shall contain a
minimum depth of one hundred feet and a
minimum width of fifty feet, except that
parcels existing on September 8, 1988 shall
not be subject to this requirementj
(e) Front Yard Setback. Twenty feet, or
as shown on the Official Districting Map,
whichever is greaterj
(f) Upper-Level Stepback Requirements.
(1) Additional front stepback over
fourteen (14) feet in height. For new
structures or additions to existing
structures, any portion of the front building
elevation above fourteen (14) feet exceeding
75 percent of the maximum buildable front
elevation shall be stepped back from the front
setback line an additional average amount
equal to four percent (4%) of parcel depth,
but in no case resulting in a requirement
stepback greater than ten (10) feet. As used
in this section, "maximum buildable elevation"
shall mean the maximum potential length of the
elevation permitted under these regulations,
which includes parcel width or length (as
applicable), minus required minimum setbacks.
21
e
e
(2) Additional side stepback over
fourteen (14) feet in height. For new
structures or addi tions to existing
structures, any portion of the side building
elevation above fourteen (14) feet exceeding
50 percent of the maximum buildable side
elevation shall be stepped back from the side
setback line an additional average amount
equal to six percent (6%) of parcel width, but
in no case resulting in a required stepback
greater than ten (10) feet.
(3) The upper-level stepback
requirements may be modified subj ect to the
review and approval of the Architectural
Review Board if the Board finds that the
modification will not be detrimental to the
property, adjoining properties, or the general
area in which the property is located, and the
obj ecti ves of the stepback requirements are
satisfied by the provision of alternative
stepbacks or other features which reduce
effective mass to a degree comparable to the
relevant standard requirement.
(g) Side Yard Setback.
(1) The side yard setback for lots
of less than fifty feet shall be ten percent
22
e
e
of the parcel width but not less than four
feet,
(2) For lots fifty feet in width or
greater, the side yard setback shall be
determined ln accordance with the following
formula:
5' + (stories x lot width)
50'
(h) Usable Private Open Space. All units
shall have the following minimum amounts of
usable private open space per unit: one
hundred square feet for projects with four or
five units, and fifty square feet for projects
of six 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 6. 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 7. If any section, subsection, sentence, clause, or
phrase of this Ordinance 1S for any reason held to be l.nvalid or
23
e
e
unconsti tutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance.
The City council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not declared
invalid or unconstitutional without regard to whether any portion
of the Ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 8 .
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:
"'\
~~
MOUTRIE
Y
24
e
e
!J
Mayor
State of Califorma )
County of Los Angeles ) ss
CIty of Santa MOllIca )
I. Beth Sanchez. AssIstant CIty Clerk of the CIty of Santa MOllica, do hereby certIfy that the
foregomg Ordmance No 1791 (CCS) had Its fIrst readmg on February 28, 1995 and had Its
second reading on March 21. 1995 and was passed by the followmg vote
Ayes. CouncIlmembers.
Genser, Greenberg, Ebner, Rosenstem, Abdo, O'Connor
Noes CouncIlmembers
None
Abstam CouncIlmembers
None
Absent CouncIlmembers
Holbrook
ATIEST
Cll~~
e
e
Division 200. Analvsis and ReDair of
critical Facilities Subsequent to a Natural
Disaster. When any critical facility located
in the City of Santa Monica is damaged in
excess of Twenty-Five Thousand Dollars
($25,000.00) as a result of a natural
disaster, such critical facility shall be
analyzed, designed, repaired and upgraded to
the same design and performance standards
applicable to an essential facility in
compliance with the UBC, including, but not
limited to, Part III-Earthquake Design,
commencing at section 2330 of the UBC, adopted
by the city in effect at the time the analysis
is conducted, or, in the event that a building
permi t is issued for repairs, then the UBC
adopted by the City in effect at the time the
building permit for such repairs is issued,
whichever is later.
SECTION 3. Any provisions 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.
8
e
e
SECTION 4. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance.
The City Council hereby
declares that it would have passed this ordinance, and each and
every section, subsection, sentence, clause, or phrase not declared
invalid or unconstitutional without regard to whether any portion
of the Ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 5.
The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance.
The city Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption.
This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
~I-'~~
MARSHA JONES MO~
city Attorney
9
e
e
/J~
Mayor
State of CalIforma )
County of Los Angeles ) ss
CIty of Santa MOllIca )
I, Beth Sanchez, AssIstant CIty Clerk of the CIty of Santa MOllica, do hereby certIfy that the
foregomg OrdInance No 1790 (CCS) had ItS fIrst readmg on February 21, 1995 and had Its
second readmg on February 28, 1995 and was passed by the followmg vote
Ayes CouncIlmembers
Genser, Greenberg, Holbrook, Rosenstem, Abdo,
O'Connor
Noes CouncIlmembers
None
Abstam CouncIlmembers
None
Absent CouncIlmembers
Ebner
ATTEST
.f _ / P
6r~~/
f / - - -. tJ
CIty Clerk