O1834
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CA:f:\atty\muni\laws\mhs\misczo
city Council Meeting 12-12-95
santa Monica, California
ORDINANCE NUMBER 1834 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING VARIOUS
PROVISIONS OF THE ZONING ORDINANCE RELATED TO GENERAL
REQUIREMENTS, LMSD, NW OVERLAY, R2B, AND BR OVERLAY
PROPERTY DEVELOPMENT STANDARDS, ANTENNA REGULATIONS, SERVICE
STATION STANDARDS, AND VARIANCES, AND ADDING A PROVISION
REGARDING REGULATORY INCENTIVES FOR THE PRODUCTION OF
LOWER INCOME AND SENIOR HOUSING
WHEREAS, the Planning commission adopted a Resolution of
Intention to amend various provisions of the zoning ordinance to
achieve greater internal consistency and fairness, to provide for
added flexibility in variance regulations, and add a provision
regarding incentives for lower income and senior housing; and
WHEREAS, the Planning Commission held a public hearing on the
proposed amendments and made recommendations to the city Council
following the hearing; and
WHEREAS, the City Council held a public hearing on the
proposed amendments on November 7, 1995; and
WHEREAS, the City Council finds and declares that the proposed
amendments are consistent in principle with the goals, objectives,
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policies, land uses, and programs specified in theadopted General
Plan, in that Objective 1.1 of the Land Use Element calls for
insur ing fair treatment of property owners and residents; the
proposed amendments to the regulations concerning building crossing
property lines, LMS District stepback standards, height regulations
for the NW OVerlay District and BR District, the antenna
regulations, the Regulatory Incentives for the Production of Lower
Income and Senior Housing Units, Service Station standards, and
Variance standards will achieve greater internal consistency and
fairness in the application of the Zoning Ordinance to development
projects by modifying and clarifying existing language and
requirements, and making changes to some unique standards to
achieve consistency with how similar projects are addressed in the
Zoning Ordinance. Further, Policy A-1.2 of the Housing Element
calls for the provision of flexible development standards to
promote housing, and the proposed amendments to the NW and BR
height regulations will provide greater flexibility for development
of Affordable Housing Projects by allowing such projects to be
governed by district height standards in feet, but not limiting the
number of stories of such projects; and
WHEREAS, the public heal th, safety, and general welfare
require the adoption of the proposed amendments, in that the
amendments will clarify existing regulations; achieve greater
internal consistency with other code provisions of the Zoning
Ordinance; provide greater flexibility in the design of Affordable
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Housing Projects; establish more practical regulations relating to
the remodel of service stations; create more flexibility in the
Variance regulations to address unique situations, and generally
facilitate the consistent and fair application of the development
regulations of the City;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
SECTION 1. section 9.04.06.010 of the Santa Monica Municipal
Code is amended to read as follows:
9.04.06.010 Application.
Except as provided in this Chapter, land or
buildings may be used and structures may be erected or
al tered only in accordance with the following provisions:
(a) No new building shall be erected and no
existing building shall be moved, altered, or enlarged,
nor shall any land, building, or premises be used,
designed, or attempted to be used or designed for any
purpose or in any manner other than a use listed in this
Chapter, as permitted in the District in which the land,
building, or premises is located. The lawful use or uses
of all buildings, improvements, and premises existing in
any District at the time of the adoption of this Chapter
may be continued except as provided by this Chapter.
(b) No building shall be erected nor shall any
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existing building be moved, reconstructed, or
structurally altered to exceed in height or floor area
the limit established by this Chapter for the District in
which such building is located.
(c) No building shall be erected nor shall any
existing building be moved, altered, enlarged, or
rebuilt, nor shall any open spaces surrounding any
buildings be encroached upon or reduced in any manner
except in conformity with the property development
standards for each District in which such building is
located.
(d) No yard or open space provided adjacent to any
building for the purpose of complying with the
regulations of this Chapter shall be considered as
providing a yard or open space for any other building or
structure.
(e) No parcel or building shall be separated in
ownership, or reduced in size in any manner, so that:
(1) Any separate portion shall contain a
parcel area or parcel dimension less than the minimum
required for the District in which the property is
located.
required
located.
(2) Any yard area is reduced below the minimum
for the District in which the project is
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(3) The parcel fails to comply with any other
requirement of this Chapter.
(4) Any portion of a parcel that is necessary
to provide the required area per dwelling unit is
separated from the portion of the parcel on which the
building is located.
(f) No lot or parcel of land held under common
ownership which does not meet the requirements of the
District in which it is located shall be separated in
ownership or further reduced in size in any manner.
(g) A building or use may cross property lines only
if:
(1) The building site shall be subject to all
requirements of this Chapter as through the total area
comprised in the site were a single parcel.
(2) A covenant by the owner(s) of the parcels
shall be filed with the Zoning Administrator and recorded
with the County Recorder's office before any use or
combination of parcels occurs. The covenant shall state
the intention of the owner(s) to develop the parcels as
a single building site and shall be in the form required
by the Zoning Administrator.
SECTION 2. Section 9.04.08.35.050 of the Santa Monica
Municipal Code is amended to read as follows:
9.04.0835.050 Property development standards.
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All property in the Light Manufacturing and studio
District shall be developed in accordance with the
following standards:
(a) Maximum Building Height. The maximum building
height shall be two stories, not to exceed thirty feet,
except the following projects may have a maximum height
of four stories, forty-five feet:
(1) Projects involving the expansion of public
or private elementary and secondary schools (Grades K
through 12) existing prior to September 8, 1988.
(2) Entertainment-related facilities including
sound stages, movie studios, editing facilities, post-
production facilities, set construction facilities, and
special effects facilities.
(3) Theaters.
There shall be no limitation on the number of
stories of any detached parking structure so long as the
height does not exceed the number of feet permitted in
the district.
(b) Maximum Floor Area Ratio. Maximum floor area
ratio shall be 1.0, except the following projects may
have a floor area ratio of 1.5:
(1) Projects involving the expansion of public
or private elementary and secondary schools (Grades K
through 12) existing prior to September 8, 1988.
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(2) Wi th approval of a Development Review
Permit, projects including artist studios, provided the
additional .5 floor area ratio is devoted to artist
studio use, and the commercial square footage does not
exceed 1.0 floor area ratio.
(c) Minimum Lot Size. The minimum lot size shall
be fifteen thousand square feet, each lot shall contain
a minimum depth of one hundred fifty feet and a minimum
width of one hundred feet, except that lots existing on
the effective date of this Chapter shall not be subject
to this requirement.
(d) Front Yard setback. All landscaping shall be
in accordance with the provisions of Part 9.04.10.04 of
this Code.
(e) Rear Yard Setback. No rear yard setback shall
be required except:
(1) Where the rear parcel line abuts a
residential district, a rear yard equal to:
5' +(stories x lot width)
50'
shall be required.
The required rear yard may be used for parking or
loading to within five feet of the rear parcel line,
provided the parking or loading does not extend above the
first floor level and provided that a wall not less than
five feet or more than six feet in height is erected and
maintained along the rear commercial parcel line. Access
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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) Such rear yard setback as is necessary to
accommodate landscaping and screening for a rear yard
buffer required pursuant to the provisions of Part
9.04.10.04 of this Code.
(f) Side Yard set~ack. No side yard setback shall
be required except:
(1) Where the interior side parcel line abuts
a residential district, an interior side yard equal to:
5' +(stories x lot width)
50'
shall be required.
The interior side yard may be used for parking or
loading no closer than five feet to the interior side
property line, provided the parking or loading does not
extend above the first floor level and provided a wall
not less than five feet or more than six 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) Such side yard setback as is needed to
accommodate landscaping required for a street side yard,
landscape buffer and screening pursuant to the provisions
of Part 9.04.10.04 of this Code.
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(3) For portions of buildings that contain
windows, doors, or other openings into the interior of
the building, a ten-foot setback from an interior
property line shall be required. An interior side yard
setback of less than ten feet shall be permitted if
provisions of the Uniform Building Code related to fire-
rated openings in side yards are satisfied.
(g) Building step Back. Building step backs shall
be provided pursuant to the requirements of Section
9.04.10.02.040.
(h) Olympic Boulevard Setback. Buildings shall be
setback a minimum of twenty feet from Olympic Boulevard.
(i) Development Review. A Development Review
Permit is required for any development of more than
thirty thousand square feet of floor area, for any
development with rooftop parking, and for projects which
include artist studios with a 1. 5 floor area ratio,
provided the additional .5 floor area ratio is devoted to
artist studio use, and the commercial square footage does
not exceed 1.0 floor area ratio.
SECTION 3. section 9.04.08.56.060 of the Santa Monica
Municipal Code is amended to read as follows:
9.04.08.56.060 Property development standards.
All property in the NW Overlay District shall be
developed in accordance with the same standards as those
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listed for the underlying zoning district except for the
following, if different:
(a) R,2 Maximum Building Height. Two stories not to
exceed twenty-three feet for a flat roof, and thirty feet
for a pitched roof, except that there shall be no
limitation on the number of stories of any Affordable
Housing Project, as long as allowed building height is
not exceeded. 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
exterior walls of the building may not exceed the
maximum height for a flat roof except that portion of
the wall within a roof gable.
(b) R3 Maximum Building Height. Three stories, not
to exceed thirty-five feet for a flat roof or forty feet
for a pi tched roof, except that there shall be no
limitation on the number of stories of any Affordable
Housing Project, as long as allowed building height is
not exceeded. 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 exterior
walls of the building may not exceed the maximum height
for a flat roof except that portion of the wall within
the roof gable.
(0) Front Yard Setback. Twenty feet, or as shown
on the Official Districting Map, whichever is greater. At
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least twenty-four percent of the front elevation from the
grade level up to fourteen feet in height shall provide
an additional five-foot average setback, and thirty
percent of the front elevation above fifteen feet in
height shall provide an additional ten-foot average
setback from the minimum front yard setback.
(d) Side Yard setback. The side yard setback shall
be determined in accordance with the following formula,
except for lots of less than fifty feet in width for
which the side yard shall be ten percent of the parcel
width but not less than 4 feet:
5' + (stories x lot width)
50'
No more than fifty percent of the side building
facade between three feet and thirteen feet above grade
may be at the same parallel plane. A minimum separation
of at least two feet is required between parallel planes.
Portions of the building between fourteen feet and thirty
feet shall provide an additional four-foot average
setback from the required minimum side yard setback.
Between fourteen feet and thirty feet no more than fifty
percent of the side building facade may be at the same
parallel plane. A minimum separation of at least two feet
is required between parallel planes. Portions of the
building between thirty-one feet and forty-five feet in
height shall provide an additional eight-foot average
setback from the required minimum side yard setback.
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Between thirty-one feet and forty-five feet no more than
fifty percent of the side building facade may be at the
same parallel plane. A minimum separation of at least two
feet is required between parallel planes.
The intent of this section is to empower the
Architectural Review Board to require, as it sees
appropriate, greater setbacks and building articulation
to ensure compatibility of new building with existing
development.
(e) Usable Private Open Space. All units shall
have the following minimum amounts of usable private
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 f or combination thereof which is
adjacent to, accessible from, and at the same or
approximate elevation as the primary space.
(f) Maximum Unit Density. Density shall be the
same as that listed in the underlying zoning district
subject to the following exceptions:
(1) with regard to affordable housing projects
in which one hundred percent of the proposed units are
deed restricted for very low or moderate income, the
density may be one dwelling unit for every nine hundred
square feet of parcel area in the R3 District and one
dwelling unit for every twelve hundred fifty square feet
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in the R2 District.
(2) The density on parcels consolidated after
the effective date of this Chapter with a total square
footage greater than fifteen thousand square feet or
exceeding a combined street frontage of one hundred feet
shall be one dwelling unit for every fifteen hundred
square feet in the R3 District, and one dwelling unit for
every two thousand square feet in the R2 District.
SECTION 4. 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) Maxi_um Buildinq Heiqht. Two stories, not to
exceed thirty feet, except that there shall be no
limitation on the number of stories of any Affordable
Housing Project, as long as allowed building height is
not exceeded.
(b) Maximum unit Density. One dwelling unit for
each one thousand two hundred fifty square feet of parcel
area. No more than one dwelling unit shall be permitted
on a parcel of less than four thousand square feet if a
single family dwelling existed on the parcel on September
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8, 1988.
(c) Maximum Parcel Coveraqe. Fifty percent.
(d) Minimum 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 requirement.
(e) Front Yard Setback. Twenty feet, or as shown
on the Official Districting Map, whichever is greater.
(f) Upper-Level stepback Requirements.
(1) Additional Front stepbaok Over Fourteen
Feet in Heiqht. For new structures or addi tions to
existing structures, any portion of the front building
elevation above fourteen feet exceeding seventy-five
percent of the maximum buildable front elevation shall be
stepped back from the front setback line an additional
average amount equal to four percent of parcel depth, but
in no case resulting in a requirement stepback greater
than ten 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) Addi tional Side stepback Over Fourteen
Feet in Reiqht. For new structures or additions to
existing structures, any portion of the side building
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elevation above fourteen feet exceeding fifty percent of
the maximum buildable side elevation shall be stepped
back from the side setback line an additional average
amount equal to six percent of parcel width, but in no
case resulting in a required stepback greater than ten
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 objectives of the stepback
requirements are satisf ied by the provision of
al ternati ve 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 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 in accordance
with the following formula:
5' + (stories lot width)
50'
(h) Usable Private Open Space. All units shall have
the following minimum amounts of usable private open
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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 adj acent to, accessible from, and at the same or
approximate elevation as the primary space.
SECTION 5. Santa Monica Municipal Code section 9.04.10.06.110
is amended to read as follows:
9.04.10.0&.110 Nonparabolic commercial
antennas-Regulations and design standards.
(a) Commercial antennas shall be installed,
modified, and maintained in accordance with the following
standards:
(1) No commercial antenna shall be located in
a residential district.
(2) Commercial antennas may be located in all
other districts, except that the installation of
freestanding antenna structures which allow the
attachment of antennas shall be prohibited in the Main
Street Commercial (CM), Neighborhood Commercial (C2),
Residential-Visitor Commercial (RVC) and Neighborhood
Commercial Overlay (N) Districts.
(3) One roofmounted TVRO nonparabolic antenna
structure and one freestanding antenna structure for each
seven thousand five hundred square feet of parcel area,
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and in the case of mixed use or residential development,
one TVRO nonparabolic antenna per residential dwelling
unit, shall be permitted per parcel. The number of
antennas attached to a single support structure shall be
determined by the structural integrity of the support
structure.
(4) No freestanding antenna structure shall
extend beyond fifteen feet above the height limit of the
district.
(5) A freestanding antenna structure shall not
be located between the face of the main building and any
public street or in any required front or side yard.
(6) One roofmounted TVRO nonparabolic antenna
and one vertical whip antenna of up to twenty-five feet
above the roofline shall be permitted per parcel.
Additional TVRO nonparabolic antennas or other
nonparabolic antennas shall not extend beyond fifteen
feet above the roofline. All roofmounted antennas shall
be located or screened so as to minimize pedestrian level
view from public streets or from any neighboring
residential uses.
(7) The display of any sign or any other
graphics on an antenna, antenna structure or screening is
prohibited, except for public safety warnings, which
warnings must be placed no higher than eight feet above
the base of the antenna structure or screening.
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(8) An antenna structure shall be finished in
a color to blend in with its immediate surroundings, to
reduce glare, and to minimize its visual intrusiveness
and negative aesthetic impact.
(9) A building permit shall be obtained prior
to the installation of an antenna structure, pursuant to
the requirements of the Building Code.
(b) Unless a finding is made that a proposed
antenna poses an actual threat to the public health or
safety, the Zoning Administrator, or the Planning
Commission on appeal may approve a Use Permit to modify
the regulations and design standards of subsection (a)
paragraphs (1), (2), (3), (4), (5), or (6), of this
Section, if topographical conditions, nearby tall
structures or other factors unreasonably obstruct or
otherwise unreasonably interfere with effective
transmission or reception of the type desired and the
cause of such obstruction or interference was not created
by the applicant.
SECTION 6.
Section 9.04.10.14.040 is added to the Santa
Monica Municipal Code to read as follows:
'.04.10.14.040 Requlatory incentives for the
production of lower income and senior housing units.
Pursuant to Government Code section 65915, the
following developer incentives shall be provided for the
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production of lower income and senior housing units:
(a) When a developer of housing meets the
requirements of Government Code section 65915(b),
(hereinafter a "state density bonus project"), a density
increase of at least 25 percent over the otherwise
maximum allowable residential density in the applicable
zoning district shall be provided. The density bonus
shall apply to housing developments consisting of five or
more dwelling units.
(b) As an additional incentive pursuant to
Government Code section 65915 (h) , the parking requirement
for state density bonus projects is reduced from that
otherwise applicable to multifamily housing. The parking
requirement for any unit in a state density bonus project
which is deed restricted for occupancy by lower or very
low income households shall be that set forth in
Municipal Code section 9.04.10.08.040 for "multifamily
housing deed-restricted for occupancy by low and moderate
income households." The parking requirements for any
uni t in a state density bonus proj ect which is deed
restricted as a dwelling unit for a "qualifying resident"
pursuant to Government Code Section 65915 shall be that
set forth in Municipal Code Section 9.04.10.08.040 for
"senior group housing and senior housing."
(c) In addition to the density increase and reduced
parking requirements described above, pursuant to
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Municipal Code Section 9.04.20.10.030, state density
bonus projects are eligible to apply for a variance to
side yard setback requirements, to front or rear yard
setback requirements, and to parcel coverage
requirements.
(d) Pursuant to Municipal Code Sections
9.04.08.56.050(f) (1), 9.04.08.56.070(e) (1),
9.04.10.14.020 and 9.04.10.14.030, a variety of
incentives are provided for development of housing
projects in which all of the units are deed-restricted
for affordability.
(e) Pursuant to the provisions of the BCD, C2, C3,
C3-C, C4, C6, and CM Districts established in the
Municipal Code, incentives for the development of mixed
use projects and housing projects are provided in the
form of greater allowable floor area or floor area
discounts.
SECTION 7. Santa Monica Municipal Code section 9.04.12.130 is
amended to read as follows:
9.04.12.130 Service stations.
The purpose of this Section is to ensure that
service stations do not result in an adverse impact on
adjacent land uses, especially residential uses. While
service stations are needed by residents, visitors, and
employees in the city, the traffic, glare, and patterns
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of use associated with service stations, particularly
those open 24 hours per day, may be incompatible with
nearby uses, particularly residential uses. Mini-markets
in service stations may cause greater impacts because
they are more likely to serve people passing through the
City from other communities than nearby residents, and
they tend to attract a higher incidence of crime.
Therefore, in the interest of protecting the health,
safety, and general welfare of the City and its
residents, special regulations shall be imposed on
service stations, consistent with the goals~ objectives,
and policies of the General Plan. The following special
conditions shall apply to service stations:
(a) Applicability. Service stations may be
permitted with the approval of a Performance standards
Permi t in those districts as provided in Subchapter
9. 04 . 08. All service stations shall comply with the
property development standards for the district in which
it is to be located and with this section. Except as
specifically identified, the provisions of this Section
shall apply to all new service stations and to all
existing service stations at such time as existing
stations come before the City for an expansion of 10% or
greater in floor area, remodeling, or any other
development that would cost more than 50% of the value of
the improvements on the parcel at the time of remodeling,
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excluding land value.
(b) Minimum Lot size. The minimum lot size shall
be 15,000 square feet.
(c) Mini.um street Frontaqe.
have a minimum street frontage of
abutting street.
(d) Setbacks. No building or structure shall be
located within 30 feet of any public right-of-way or
within 20 feet of any interior parcel line.
(e) Gasoline Pumps. Gasoline pumps shall be at least
15 feet from any property line and a minimum of 20 feet
from any public right-of-way.
(f) Canopies. Canopies shall be at least 5 feet from
any property line.
(g) Walls. service stations shall be separated from
an adjacent property by a decorative masonry wall of not
less than 6 feet in height. Materials, textures, colors,
and design of all walls shall be compatible with service
station design and adjacent properties. No wall required
to be erected and maintained by this section shall be
constructed within 5 feet of a driveway entrance or
vehicle access way opening onto a street or alley which
would obstruct a cross view of pedestrians on the
sidewalk, alley, or elsewhere by motorists entering or
standing on the parcel.
(h) Pavinq. The site shall be entirely paved, except
Each parcel shall
100 feet on each
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for buildings and landscaping.
(i) Landscaping. The service station site shall be
landscaped pursuant to the following standards:
(1) A minimum of 15% of the site shall be
landscaped including a planting strip at least 3 feet
wide along all interior parcel lines , non-driveway street
frontages, and adjacent to buildings. Planters shall be
surrounded by masonry or concrete curbs and so arranged
as to preclude motor vehicles from driving across the
sidewalk at locations other than access driveways.
Permanent opaque landscaping or berming shall be provided
and maintained in the planters at a height of not less
than 3 feet above the average adjacent grade.
(2) A minimum of 150 square foot landscaped
area shall be provided at the intersection of two
property lines at a street corner.
(3) All landscaped areas shall be properly
maintained in a neat, orderly, and safe manner, pursuant
to Part 9.04.10.04. Such landscaping and maintenance
shall include, but not be limited to, the installation
and use of an automatic irrigation system, permanently
and completely installed, which delivers water directly
to all landscaped areas.
(4) All existing street trees shall be
preserved, and driveways and vehicle approaches shall be
designed so as not to necessitate the removal of any
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existing street trees.
(5) Final landscaping design treatment shall
be subject to review and approval by the Architectural
Review Board.
(j) Access and Circulation. For existing service
stations proposing an expansion of 10% or greater in
floor area, remodeling, or any other development that
would cost more than 50% of the value of the improvements
on the parcel at the time of remodeling, excluding land
value, existing driveways may remain in their present
location. If changes or modifications to the driveways
are proposed, such changes shall be subject to the
approval of the City Parking and Traffic Engineer.
For new service stations, no more than one driveway
wi th a maximum width of 35 feet shall be permitted on any
one street frontage and shall be located as follows.
Driveways shall not be located closer than 50 feet from
a street intersection, 15 feet from a residential
property line or alley, nor as to otherwise interfere
with the movement and safety of vehicular and pedestrian
traffic, subject to the approval of the Parking and
Traffic Engineer.
(k) All lubrication bays and wash racks shall be
located within a fully enclosed building. Access to the
service bays and wash racks shall not be located within
50 feet of a residentially zoned property.
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(l) Parkinq. Parking shall be provided in the
following manner:
(1) There shall be a minimum of two parking
spaces for each service bay, plus three spaces if
full-service, one space if self-service, plus one space
for each 100 square feet of retail area.
(2) The parking area shall be landscaped and
striped in conformance with Parts 9.04.10.04 and
9.04.10.10.
(3) Customer and employee parking shall not be
utilized for automobile repair, finishing work, or
storage of vehicles.
(4) Vehicles in the process of being serviced
may be parked on the premises for a maximum period of two
weeks, but additional parking spaces shall be provided
for this purpose.
(5) No vehicle that will be or has been
serviced may be parked on public streets, sidewalks,
parkways, driveways, or alleys.
(6) No vehicle may be parked on the premises
for the purpose of Offering it for sale.
(m) Air and Water. Each service station shall
provide air and water to customers without charge and at
a convenient location during hours when gasoline is
dispensed.
(n) Restrooms. Each service station shall provide
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a men's and women's public restroom which are accessible
to the general public including the physically disabled
during all hours the service station is open to the
public. Restrooms shall be attached to a structure on
site with entrances or signage clearly visible from the
gasoline service area or cashier station and concealed
from view of adjacent properties by planters of
decorative screening and shall be maintained on a regular
basis.
(0) Telephones. At least one public telephone shall
be provided at each service station in a location that is
easily visible from public rights-of-way.
(p) Vendinq Hacbines. Coin-operated vending machines
may be permitted within or abutting a structure for the
purpose of dispensing items commonly found in service
stations, such as refreshments and maps.
(q) Mini-Harts. Mini-marts may be permitted on the
site of a service station subject to the following
development standards:
(1) One on-site parking space for each 100
square feet of retail space shall be provided in addition
to the required parking spaces for the service station.
(2) The mini-mart shall be designed with
materials compatible with the service station and
surrounding properties.
(3) Arcade or game machines or other
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coin-operated electronic machines shall be prohibited.
(r) Location of Activities. All repair and service
activities and operations shall be conducted entirely
within an enclosed service building, except as follows:
(1) The dispensing of petroleum products,
water, and air from pump islands.
(2) Replacement service acti vi ties such as
wiper blades, fuses, radiator caps, and lamps.
(3) Minor repair work taking less than one
hour to perform.
(4) The sale of items from vending machines
placed next to the principal building in a designated
area not exceed 32 square feet and screened from public
view.
(5) The display of merchandise offered for
customer convenience on each pump island, provided that
the aggregate display area on each island shall not
exceed 12 square feet and that the products shall be
enclosed in a specially designed case.
(6) Motor vehicle products displayed along the
front of the building and wi thin 36 inches of the
building, limited to 5 feet in height and not more than
10 feet in length.
(5) Refuse storaqe and Disposal. Trash areas shall
be provided and screened on at least three sides from
public view by a solid opaque impact-resistant wall not
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less than 5 feet in height as required by Section
9.04.10.02.150.
(1) All trash shall be deposited in the trash
area and the gates leading thereto shall be maintained in
working order and shall remain closed except when in use.
(2) Refuse bins shall be provided and placed
in a location convenient for customers.
(3) Trash areas shall not be used for storage.
The premises shall be kept in a neat and orderly
condition at all times and all improvements shall be
maintained in a condition of reasonable repair and
appearance. No used or discarded automotive parts or
equipment, or permanently disabled, junked, or wrecked
vehicles may be stored outside the main building.
(t) utilities. All utilities shall be placed
underground.
(u) Liqhtinq. All lighting shall comply with the
provisions of Section 9.04.10.02.270.
(v) Equipment Rental. Rental of equipment such as
trailers and trucks shall be permitted subject to the
following restrictions:
(1) The rental equipment does not occupy or
interfere with the required parking for the automobile
service station.
(2) The rental of the equipment is clearly
incidental and secondary to the main activity on the
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site.
(3) The merchandise is screened from view in
conformance with Section 9.04.10.02.130.
(w) operation of Paci1ities. The service station
shall at all times be operated in a manner not
detrimental to surrounding properties or residents. site
activities shall not produce or be reasonably anticipated
to produce any of the following:
(1) Damage or nuisance from noise, smoke,
odor, dust, or vibration.
(2) Hazard from explosion, contamination, or
fire.
(3) Hazard occasioned by the unusual volume or
character of traffic, or the congregating of a large
number of people or vehicles.
(x) Security Plan. A security plan shall be
developed by the applicant and approved by the City Chief
of Police prior to issuance of a building permit.
(y) Abandonment. Any legal nonconforming service
station that is closed continuously for a period of at
least one year shall be declared abandoned.
SECTION 8. Santa Monica Municipal Code section 9. 04 . 14.040 is
amended to read as follows:
9.04.14.040 Service stations.
The purpose of this section is to ensure that
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service stations do not result in an adverse impact on
adjacent land uses, especially residential uses. While
service stations are needed by residents, visitors, and
employees in the city, the traffic, glare, and patterns
of use associated with service stations, particularly
those open 24 hours per day, may be incompatible with
nearby uses, particularly residential uses. Mini-markets
in service stations may cause greater impacts because
they are more likely to serve people passing through the
City from other communities than nearby residents, and
they tend to attract a higher incidence of crime.
Therefore, in the interest of protecting the health,
safety, and general welfare of the City and its
residents, special regulations shall be imposed on
service stations, consistent with the goals, objectives,
and policies of the General Plan. The following special
conditions shall apply to service stations:
(a) Applicability. Service stations may be
permitted with the approval of a Conditional Use Permit
in those districts as provided in Subchapter 9.04.08. All
service stations shall comply with the property
development standards for the district in which it is to
be located and with this section. Except as specifically
identified, the provisions of this section shall apply to
all new service stations and to all existing service
stations at such time as existing stations come before
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the City for an expansion of 10% or greater in floor
area, or a remodeling, or any other development that
would cost more than 50% of the value of the improvements
on the parcel at the time of remodeling, excluding land
value.
(b) KinLaum Lot Size. The minimum lot size shall
be 15,000 square feet.
(c) Xinaum street Frontaqe.
have a minimum street frontage of
abutting street.
(d) Setbacks. No building or structure shall be
located within 30 feet of any public right-of-way or
within 20 feet of any interior parcel line.
(e) Gasoline Pumps. Gasoline pumps shall be at
least 15 feet from any property line and a minimum of 20
feet from any public right-of-way.
(f) Canopies. Canopies shall be at least 5 feet
from any property line.
(g) Walls. service stations shall be separated from
an adjacent property by a decorative masonry wall of not
less than 6 feet in height. Materials, textures, colors,
and design of all walls shall be compatible with service
station design and adjacent properties. No wall required
to be erected and maintained by this section shall be
constructed within 5 feet of a driveway entrance or
vehicle access way opening onto a street or alley which
Each parcel shall
100 feet on each
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would obstruct a cross view of pedestrians on the
sidewalk, alley, or elsewhere by motorists entering or
standing on the parcel.
(h) Pavinq. The si te shall be entirely paved,
except for buildings and landscaping.
(i) Landscapinq. The service station site shall be
landscaped pursuant to the following standards:
(1) A minimum of 15% of the site shall be
landscaped including a planting strip at least 3 feet
wide along all interior parcel lines, non-driveway street
frontages, and adjacent to buildings. Planters shall be
surrounded by masonry or concrete curbs and so arranged
as to preclude motor vehicles from driving across the
sidewalk at locations other than access driveways.
Permanent opaque landscaping or berming shall be provided
and maintained in the planters at a height of not less
than 3 feet above the average adjacent grade.
(2) A minimum of 150 square foot landscaped
area shall be provided at the intersection of two
property lines at a street corner.
(3) All landscaped areas shall be properly
maintained in a neat, orderly, and safe manner, pursuant
to Part 9.04.10.04. Such landscaping and maintenance
shall include, but not be limited to, the installation
and use of an automatic irrigation system, permanently
and completely installed, which delivers water directly
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to all landscaped areas.
(4) All existing street trees shall be
preserved, and driveways and vehicle approaches shall be
designed so as not to necessitate the removal of any
existing street trees.
(5) Final landscaping design treatment shall
be subject to review and approval by the Architectural
Review Board.
(j) Access and Circulation. For existing service
stations proposing an expansion of 10% or greater in
floor area, remodeling, or any other development that
would cost more than 50% of the value of the improvements
on the parcel at the time of remodeling, excluding land
value, existing driveways may remain in their present
location. If changes or modifications to the driveways
are proposed, such changes shall be subject to the
approval of the City parking and Traffic Engineer.
For new service stations, no more than one driveway
with a maximum width of 35 feet shall be permitted on any
one street frontage and shall be located as follows.
Driveways shall not be located closer than 50 feet from
a street intersection, 15 feet from a residential
property line or alley, nor as to otherwise interfere
with the movement and safety of vehicular and pedestrian
traffic, subject to the approval of the Parking and
Traffic Engineer.
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(k) All lubrication bays and wash racks shall be
located within a fully enclosed building. Access to the
service bays and wash racks shall not be located within
50 feet of a residentially zoned property.
(l) parkinq. Parking shall be provided in the
following manner:
(1) There shall be a minimum of two parking
spaces for each service bay, plus three spaces if
fUll-service, one space if self-service, plus one space
for each 100 square feet of retail area.
(2) The parking area shall be landscaped and
striped in conformance with Parts 9.04.10.04 and
9.04.10.10.
(3) customer and employee parking shall not be
utilized for automobile repair, finishing work, or
storage of vehicles.
(4) Vehicles in the process of being serviced
may be parked on the premises for a maximum period of two
weeks, but additional parking spaces shall be provided
for this purpose.
(5) No vehicle that will be or has been
serviced may be parked on public streets, sidewalks,
parkways, driveways, or alleys.
(6) No vehicle may be parked on the premises
for the purpose of offering it for sale.
em) Air and water. Each service station shall
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provide air and water to customers without charge and at
a convenient location during hours when gasoline is
dispensed.
(n) Restrooms. Each service station shall provide
a men's and women's public restroom which are accessible
to the general public including the physically disabled
during all hours the service station is open to the
public. Restrooms shall be attached to a structure on
site with entrances or signage clearly visible from the
gasoline service area or cashier station and concealed
from view of adjacent properties by planters of
decorative screening and shall be maintained on a regular
basis.
(0) Telephones. At least one public telephone shall
be provided at each service station in a location that is
easily visible from public rights-of-way.
(p) Vending Machines. Coin-operated vending machines
may be permitted within or abutting a structure for the
purpose of dispensing items commonly found in service
stations, such as refreshments and maps.
(q) Mini-Marts. Mini-marts may be permitted on the
site of a service station subject to the following
development standards:
(1) One on-site parking space for each 100
square feet of retail space shall be provided in addition
to the required parking spaces for the service station.
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(2) The mini-mart
materials compatible with
surrounding properties.
(3) Arcade or game machines or other
coin-operated electronic machines shall be prohibited.
(4) Unless otherwise approved by the Planning
Commission, or City council on appeal, if the service
station is within 100 feet of a residential district,
mini-mart operation shall be prohibited between the hours
of 10 p.m. and 7 a.m.
(r) Location of Activities. All repair and service
acti vi ties and operations shall be conducted entirely
within an enclosed service building, except as follows:
(1) The dispensing of petroleum products,
water, and air from pump islands.
(2) Replacement service acti vi ties such as
wiper blades, fuses, radiator caps, and lamps.
(3) Minor repair work taking less than one
hour to perform.
(4) The sale of items from vending machines
placed next to the principal building in a designated
area not exceed 32 square feet and screened from public
view.
shall be
the service
designed
station
with
and
(5) The display of merchandise offered for
customer convenience on each pump island, provided that
the aggregate display area on each island shall not
36
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exceed 12 square feet and that the products shall be
enclosed in a specially designed case.
(6) Motor vehicle products displayed along the
front of the building and within 36 inches of the
building, limited to 5 feet in height and not more than
10 feet in length.
(s) Refuse storage and Disposal. Trash areas shall
be provided and screened on at least three sides from
public view by a solid opaque impact-resistant wall not
less than 5 feet in height as required by Section
9.04.10.02.150.
(1) All trash shall be deposited in the trash
area and the gates leading thereto shall be maintained in
working order and shall remain closed except when in use.
(2) Refuse bins shall be provided and placed
in a location convenient for customers.
(3) Trash areas shall not be used for storage.
The premises shall be kept in a neat and orderly
condition at all times and all improvements shall be
maintained in a condition of reasonable repair and
appearance. No used or discarded automoti ve parts or
equipment, or permanently disabled, junked, or wrecked
vehicles may be stored outside the main building.
(t) utilities. All utilities shall be placed
underground.
(u) Lighting. All lighting shall comply with the
37
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provisions of Section 9.04.10.02.270.
(v) Bquip.ent Rental. Rental of equipment such as
trailers and trucks shall be permitted subject to the
following restrictions:
(1) The rental equipment does not occupy or
interfere with the required parking for the automobile
service station.
(2) The rental of the equipment is clearly
incidental and secondary to the main acti vi ty on the
site.
(3) The merchandise is screened from view in
conformance with section 9.04.10.02.130.
(w) Operation of Facilities. The service station
shall at all times be operated in a manner not
detrimental to surrounding properties or residents. Site
activities shall not produce or be reasonably anticipated
to produce any of the following:
( 1) Damage or nuisance from noise, smoke I
odor, dust, or vibration.
(2) Hazard from explosion, contamination, or
fire.
(3) Hazard occasioned by the unusual volume or
character of traff ic, or the congregating of a large
number of people or vehicles.
(x) Security Plan. A security plan shall be
developed by the applicant and approved by the city Chief
38
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of Police prior to issuance of a building permit.
(y) Ahandonaent. Any legal nonconforming service
station that is closed continuously for a period of at
least one year shall be declared abandoned.
SECTION 9. Santa Monica Municipal Code section 9.04.20.10.030
is amended to read as follows:
9.04.20.10.030 Applicability.
The Zoning Administrator may grant a variance from
the requirements of this Chapter to:
(a) Allow modification of the minimum lot sizes or
minimum parcel dimensions;
(b) Allow the modification of the number and
dimensions of automobile parking spaces, loading spaces,
and driveway requirements including those set by
Performance Standards, Use Permit Special standards,
Special Conditions for Conditional Uses, regulations of
the various zoning districts, the Off-Street Parking
Requirements, and the Off-Street Loading Requirements;
(c) Allow the modification of fence heights;
(d) Allow the modification of yard setbacks or
parcel coverage on:
(1) Parcels having a depth of 90 feet or less
or a width of 39 feet or less,
(2) Nonrectilinear parcels or rectangular
parcels on which parallel property lines differ in length
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a minimum of five feet,
(3) Parcels with a 12. 5-foot grade differential
or more, as measured from either any point on the front
parcel line to any point on the rear parcel line, or from
any point on a side parcel line to any point on the
opposing side parcel line,
(4) Additions to the same floor of an existing
building which is nonconforming as to yard setbacks,
where such addition follows the line of the existing
building but in no case is closer than four feet to a
property line,
(5) Parcels in the CM District on which
relocated structures that are identified on the
Historical Resources Survey as having a value of 1
through 50 or which are determined to be historically
significant by the Landmarks Commission are located. A
variance may apply only to the relocated structure;
(e) For projects conforming to state density bonus
guidelines, allow encroachment into no more than 15
percent of one side yard setback, and into 15 percent of
either the front or rear yard setback, and, except in
those zones where an increase in parcel coverage for
state density bonus projects is already permitted, allow
an increase in parcel coverage by no more than ten
percent of parcel area. In no case shall a rear yard
setback of less than five (5) feet be allowed;
40
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(f) Allow buildings to exceed district height
limits by no more than five (5) feet in one of the
following situations:
(1) If a parcel has a grade differential of
12.5 feet or more, as measured from either any point on
the front parcel line to any point on the rear parcel
line, or from any point on a side parcel line to any
point on the opposing side parcel line,
(2) To allow an addition to an existing
structure that is legally nonconforming as to height
provided the addition does not exceed the height line of
the existing building;
(g) Allow an addition to an existing building that
is legally nonconforming as to height provided all of the
following criteria are met:
(1) The addition does not exceed the height
line of the existing building,
(2) The addition does not exceed two (2)
percent of the total floor area of the building,
(3) The addition does not increase lot
coverage or the overall footprint of the building,
(4) The addition does not increase the density
or number of inhabitants or increase the intensity of use
of the building,
(5) The addition otherwise conforms to the
regulations of the district in which it is located,
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(6) There is no feasible alternative method of
attaining the desired use,
(7) There is no substantial adverse impact to
adjacent buildings, existing streetscape, privacy, nor
significant increases to the mass and bulk of the
building;
(h) Allow the replacement of an existing residential
building in an OP District that is legally nonconforming
as to height where the parcel has a grade differential of
12.5 feet or more, as measured from either any point on
the front parcel line to any point on the rear parcel
line, or from any point on a side parcel line to any
point on the opposing side parcel line provided the
following criteria are met:
(1) The replacement structure does not exceed
the height line of the existing building,
(2) The replacement structure does not
increase the density or square footage beyond the
existing structure or increase the intensity of use of
the building,
(3) The replacement structure otherwise
conforms to the regulation of the district in which it is
located,
(4) There is no substantial adverse impact to
adjacent buildings, existing streetscape, privacy, nor
significant increases to the mass and bulk of the
42
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building;
(i) Allow the modification of the required front
yard setback to allow, in the case of existing
development, a detached garage provided all of the
following criteria are met:
(1) The lot is less than 100 feet in depth,
(2) The on-site use is a single-family
dwelling,
(3) No alley access is available to the site;
(j) Allow the modification of the side yard setback
for primary windows in the OP-2, OP-3 and OP-4 Districts
when the imposition of the required setback would
severely constrain development on the project, an
alternative setback would still satisfy private open
space requirements, and maintain privacy for the
occupants of the project.
(k) Allow an additional story which would otherwise
not be permitted for an existing residential structure
provided all of the following criteria are met:
(1) The existing structure has a finished
first floor level that is more than three feet above
average natural grade or theoretical grade,
(2) The street frontage and overall massing
are compatible with the existing scale and neighborhood
context,
(3) The addition does not enlarge the first
43
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floor of the existing residence such that a
non-conforming condition is expanded;
(4) The overall height of the structure with
the additional story does not exceed the height limit in
feet of the zoning district in which it is located;
(5) The addi tion otherwise conforms to the
regulations of the district in which it is located.
SECTION 10. 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 11. 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.
44
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SECTION 12. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance.
The city Clerk shall
cause this ordinance, or a summ~ry thereof 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:
MARSHA JON MOUTRIE
city Attorney
45
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I1J ~.~
Mayor
State of Cahforrua )
County of Los Angeles) ss
CIty of Santa MOnIca )
I, Mana M Stewart, CIty Clerk of the CIty of Santa MOlliCa, do hereby certIfy that the foregomg
Ordmance No 1834(CCS) had Its first readmg on NQvember 28, 1995 and had Its second
readmg on December 12, 1995 and was passed by the followmg vote
Ayes
CouncIl members
Abdo, Ebner, Genser, Greenberg, Holbrook, O'Connor,
Rosenstem
Noes
CouncIl members
None
Abstam
CouncIl members
None
Absent
CouncIl members
None
ATTEST
\ U~~ I~ ~o,~~c\-
City Clerk