O1936
f \atty\mUIll\laws\barry\sub3 per
CIty Councll Meetmg 2-16-99
Santa MOnIca, Cahforma
ORDINANCE NUMBER 1936 (CCS)
(Cny CouncIl Senes)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SA.l>..TT A MOl\1JCA
AMENDING SECTIO~ 9.04 08.02.070 OF THE SANTA MONICA MUNICIPAL
CODE TO INCREASE THE Mll\1JMUM LOT WIDTH REQUIREMENTS FROM
50 FEET TO 100 FEET AND THE MINIMLlvI LOT DEPTH REQUIREMENTS
FROM 100 FEET TO 175 FEET FOR R1 Z01\;-rr;D PARCELS WITHIN THE
AREA BOUNDED BY THE CE~lER LD\1ES OF FIRST COURT ALLEY,
SEVENTH STREET, MONTANA PLACE NORTH
ALLEY, AND ADELAIDE DRIVE
\VHEREAS, the area of the CIty bounded by Seventh Street, AdelaIde Dnve, FIrst Court
Alley, and Montana Place North Alley IS located withIll the Pahsades Tract whIch was ongmally
subwVlded m 1905, and
WHEREAS, thIS area cons1ltutes a unIque and dIstmCllve neIghborhood, and
WHEREAS, among the Pahsades Tract's specIal charactenstIcs are. 100 foot wIde
streets, as opposed to the 60 foot to 80 foot wIde streets typIcal for other Rl zoned areas of the
Cny, parcels WIth 100 feet of street frontage, as opposed to the typIcal RI parcel street frontage
of 50 feet, 175 foot parcel depths, as opposed to the typIcal 150 foot deep parcels found
throughout most of the Cny, 40 foot front yard setbacks, as opposed to the 20 foot to 30 foot
front yard setbacks III most of the other RI areas of the CIty, and parkways and sIdewalks whIch
are on average 25 feet III wIdth, and
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WHEREAS, each of these features has a drrect and substantIal Impact on the character
and scale of the neIghborhood, and
\VHEREAS, the PalIsades Tract was desIgned and developed to accommodate large
homes WIth large yards, and consequently, the PalIsades Tract presently contams large, old
homes surrounded by substantIal yards and gardens, and
WHEREAS, as a result of Its broad streets and pathways, large lots, old homes, ample
yards and gardens, and substantIal setbacks, the PalIsades Tract proVIdes more open space than
any other reSIdentIal neIghborhood III the City, and
WHEREAS, the CIty Itself IS extremely dense wIth a land area of Just 8 square nules and
a populatIon of approxImately 90,000 people, and
WHEREAS, the combmatIOn of an ocean SIde locatIOn, fine clImate, VIgorous economy,
and urban faCIlItIes, servIces and enrertamment venues make the CIty an extremely deSIrable
place to work or VISIt, and
\VHEREAS, on any weekday, approxImately 300,000 persons are present III the CIty, and
on weekends, thIS number frequently clImbs to 500,000 or more, and
WHEREAS, populatIon denSIty and congestIOn both present threats to the qualIty of lIfe
III the CIty, and
WHEREAS. gIVen the CIty'S denSIty, the PalIsades Tract and the open space It prOVIdes
are umque recreatIOnal and aesthetIc assets, proVIdmg a neIghborhood m whIch CIty reSIdents
and VISItOrs frequently walk and bicycle due to ItS speCial ambIence; and
.WHEREAS, although the PalIsades Tract was subsequently expanded m 1912 eastward,
that portIOn of the PalIsades Tract was not developed m the same scale and character as the
ongmal PalIsades Tract and IS not mcluded wIthm the scope of thIS ordmance, and
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Vv'HEREAS, between 1947 and the early 19701s, a number of subdIvIsIons of the parcels
occurred m the PalIsades Tract havmg been approved adtmmstratlvely as a matter ofnght, and
WHEREAS, m 1976, the CIty CouncIl adopted Ordmance 1024 whIch repealed the nght
to subdIVIde lots as a matter of nght and reqmred publIc notlce of a vanance apphcatlOll to
approve lot sphts under certam condItIons, and
WHEREAS, m 1984, the CIty CouncIl adopted Ordmance 1294 to Implement the State
SubdIvIsIOn Map Act and reqmre Planmng ConnlllsslOn approval of subdIvIsIOn requests; and
WHEREAS, smce 1976, no lot spht has been approved m the Pahsades Tract whIch has
resulted m the maJonty of the ongmall00 foot parcels m the PalIsades Tract stIll bemg mtact
and the ongmal character and scale ofthe tract stIll bemg mamtamed; and
WHEREAS, the loss of any addltlonal1 00 foot parcels would adversely and Irrevocably
change the character and scale of the Pahsades Tract for the followmg reasons (1) Reducmg lot
WIdth from 100 feet to 50 feet would reduce the reqUIred sIdeyard setback by 50%, resultmg m
less open space between homes and greater development denSIty (2) Reducmg lot WIdth would
also result m the removal of older homes III the neIghborhood and (3) Sphttmg an eXIstmg 100
foot WIde parcel mto two 50 foot WIde parcels would be mconsIstent WIth the oogmal deSIgn and
plan for the character and scale of the PalIsades Tract, and
WHEREAS, wIthm the past two years, real estate values III the CIty have osen
sIgmficantly, and the CIty has receIved two apphcatlOns for subdIVIsIons of lots m the Pahsades
Tract, and
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'WHEREAS, the CIty antIcIpates that other applIcatIons WIll be forthcommg, and
WHEREAS, m response to these facts, the CIty CounCIl adopted OrdInance Number
1892 (CCS) on December 16, 1997, WhICh ordmance establIshed a 45 day moratonum on
subdivisions in the area bounded by Ocean A venue, Seventh Street, AdelaIde Dnve, and
Montana Avenue, pendmg thIS reVISIon to the Santa MOllIca MunIcIpal Code, and
\VHEREAS, on January 27, 1998, the City CouncIl adopted Ordmance Number 1897
(CCS) WhICh extended the moratonum for an addItIonal 48 months, and
WHEREAS, on March 24, 1998, the CIty CouncIl dIrected staff to research and prepare a
permanent Zomng Ordmance amendment, and
WHEREAS, m order to ensure that tills proposed ordmance addressed all R1 propertIes
wltilln the PalIsades Tract west of Seventh Street, staffreexammed the boundanes m the mtenm
ordmance and recommended that the boundanes be establIshed as the center lmes of Ocean
Avenue, Seventh Street, Montana Place North and AdelaIde Dnve, and
WHEREAS, on October 7, 1998, the Planmng CommIssIon adopted a ResolutlOn of
IntentIOn gIvmg notice of Its mtentIOn to conduct a pubhc heanng to conSIder a recommendation
to amend the Zonmg Ordmance m accordance wIth the CIty CouncIl dIreCtiOn, and
\\'HEREAS, on November 4, 1998, the Planmng CommIssIOn held a publIc heanng on
the proposed zonmg text amendment and recommended that SectIOn 9040802.070 of the Santa
Momca MunICIpal Code be amended to mcrease the mmlmum lot WIdth requuement from 50
feet to 100 feet and the mInImum lot depth reqUIrement from 100 feet to 175 feet for Rl Zoned
parcels located wlthm the boundary descnbed above, and
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WHEREAS, m response to CommlsslOn comments, staff recommended to the CIty
CounCIl that the western boundary of the area affected by thIS proposed amendment be the
centerlme of FIrst Court Alley rather than the centerlme of Ocean Avenue, and
\VHEREAS, the CIty CouncIl held a pubhc heanng on the proposed Zonmg Ordmance
Text Amendment on February 2, 1999; and
\VHEREAS, the CIty CounCIl finds and declares that the proposed amendment IS
conSIstent m pnnClple WIth the goals, obJectIves, polICIes, land uses, and programs speCIfied m
the adopted General Plan, speCIfically, Pohcy 1 10 1 of the Land Use and Clrculanon Element,
whIch proVIdes In relevant part that the CIty shall "Encourage the development of new housmg
m all eXlstmg reSIdentIal dlstncts, whIle stIll protectmg the character and scale of
neIghborhoods," and
\VHEREAS, preservatIOn of the neIghborhood character and scale would result from thIS
text amendment based on the detaIled findmgs set forth above, and
WHEREAS, the City CouncIl finds and declares that the pubhc health, safety and general
welfare requue the adoptIOn of thIS proposed ordmance m that Santa MOllica MUlllclpal Code
SectIOn 9 04 08 02 010 proVIdes III relevant part that "the Rl DIstnct serves to mamtam and
protect the eXlstmg character of the reSIdentIal neighborhood" and these qualitIes cannot be
preserved and protected m the above~descnbed portIOn of the PalIsades Tract WIthout further
preventmg the subdIVIsIOn of lots wIthm thIS area, and
WHEREAS, subdIVISIOn oflots wamn tills area ""QuId detnmentally Impact the scale and
character OfthIS portlOn of the Pahsades Tract whIch IS an exceptIOnal CIty asset enjoyed by
reSIdents and VISItOrS, and
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\VHEREAS. approval of lot splIts less than the mInImum standards establIshed by thIS
proposed ordmance would meversIbly alter the essential character and scale of the PalIsades
Tract and depnve the CIty of a umque and essential resource
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS
SECTION 1. SectIon 9 04 08 02 070 of the Santa Momca Mumclpal Code IS amended to
read as follows
9.04.08.02.070
Property development standards.
All property in the Rl DIstnct shall be developed m accordance WIth the
followmg standards
(a) Maximum Building Height.
(1) Two stories, not to exceed 28 feet, whIch mcludes all budding
elements except chImneys and reqUJred vents,
(2) On lots of more than 20,000 square feet WIth a mImmum front parcel
hne dimension of 200 feet, the heIght shall not exceed 35 feet for a pItched
roof or 28 feet for other types of roofs.
(b) l\iaximum Unit Density. One dwellmg umt per parcel, except
where a Use Pennlt has been approved for a duplex as permItted by SectIOn
9.0408 02 040(a)
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(c) :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 for
parcels bounded by the center hnes of FIrst Court Alley to the west, Seventh
Street to the east, Montana Place North Alley to the south, and AdelaIde
Dnve to the north, whIch shall con tam a mInImum WIdth of 100 feet and a
mInImum depth of 175 feet Any parcel eXIstIng on the effectIve date of
thIS Chapter shall not be subject to thIS reqUIrement.
(d) Maximum Parcel Coverage. 40 percent except that parcels between
3,001 and 5,000 square feet may have a parcel coverage of 50 percent, and
parcels of3,000 square feet or smaller may have a parcel coverage of60
percent.
(e) Front Yard Setback. As shown on the OffiCial Dlstnctmg Map of
the CIty, or, Ifno setback IS speCIfied, 20 feet
(f) Additional Front Stepback Above 14 Feet in Height. For new
structures or additIons to eXIstmg structures, any portIon of the front
bUlldmg elevation above 14 feet exceeding 75 percent of the maXImum
bUIldable front elevatIon shall be stepped back from the front setback hne
an addItional average amount equal to four percent of parcel depth, but In
no case resultmg m a reqUIred stepback greater than 10 feet.
As used In thIS Chapter, "maxlmum bUIldable elevatIon" shall mean the
maXImum potentIal length of the elevatIOn permItted under these
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regulatIOns, whIch Includes parcel width or length (as applIcable), mInUS
required mInImUm setback
(g) Rear Yard Setback. 25 feet.
(h) Additional Rear Stepback Above 14 Feet in Height. For new
structures or addItIons to eXIstmg structures, any portion of the rear bUIldmg
elevatIOn above 14 feet exceedmg 75 percent of the maXImum bUIldable
rear elevatIOn shall be stepped back from the rear setback line an addItIonal
average amount equal to four percent of parcel depth, but In no case
resultIng In a requued stepback greater than 10 feet.
(1) Side Yard Setback. Ten percent of the parcel WIdth or a mImmum
of three feet SIX Inches, whIchever IS greater, but In no case greater than 15
feet (See also SectIon 9.04.10.02 190)
(]) Additional Side Stepbacks Above 14 Feet in Height. For new
structures or addItIons to eXIstmg structures, any portIon of the SIde bUIldmg
elevatIon above 14 feet exceedmg 50 percent of the maXImum bUIldable
SIde elevatIOn shall be stepped back from the side setback hne an additional
one foot for every 2 feet 4 mches above 14 feet of bUIlding heIght to a
maXImum height of 21 feet
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(k) Additional Side Step back Above 21 Feet in Height. No portIon of
the bmldmg, except permItted proJectIOns, shall mtersect a plane
commencmg 21 feet m heIght at the mmlmum sIdeyard setback and
extendmg at an angle of 45 degrees from the vertIcal toward the mtenor of
the SIte
(1) Front Yard Paving. No more than 50 percent of the reqUIred front
yard area mcludmg dnveways shall be paved, except that lots WIth a WIdth
of25 feet or less may have up to 60 percent of the reqUIred front yard area
paved
(m) Modifications to Stepbacks Above 14 Feet in Height. The stepback
reqUIrements of subsecttons (f), (h), (0, and (k) of thIS SectIon may be
modIfied subject to the reVIew and approval of the ArchItectural ReVIew
Board If the Board finds that the modificatIon WIll not be detnmental to the
property, adJolmng propertIes or the general area in whIch the property is
located, and the objectIves of the stepback requirements are satIsfied by the
proVIsIon of altematlYe stepbacks or other bmldmg features which reduce
effectIve mass to a degree comparable to the relevant standard reqmrement
(n) Driveways. No more than one dnveway per parcel to a pubhc street
shall be permItted on parcels less than 100 feet m WIdth.
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(0) Basements and Subterranean Garages. No basement or
subterranean garage shall extend mto any reqUIred yard setback area, except
for any basement or garage located beneath an accessory buildIng whIch IS
otherwIse permItted wlthm a yard area, If such basement, semI-subterranean
or subterranean garage IS located at least five feet from any property line.
(p) Access to Subterranean Garages and Basements.
(1) Up to a total of 50 square feet of area In the sIde and rear yards may
be utlhzed for hghtwells or staIrways to below-grade areas of the mam
bUIldmg and any accessory bUIldmgs,
(2) No more than three feet of excavatIon below grade for a dnveway,
staIrway, doonvay, hghtwell, wmdow or other such element to a
subterranean or semIsubterranean garage or basement shall occur In the
front yard setback area ThIS reqUIrement may be modIfied by the
ArchItectural RevIew Board for parcels "vlth an elevation nse of five feet
from the front property hne to a pomt fifty feet towards the mtenor of the
sIte If It finds that topographIc condItIons neceSSItate that such excavatIon
be permItted
(q) Roof Decks. Roof decks shan be set back at least three feet from the
mImmum sldeyard setback. The heIght of any radmgs or parapets
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assocIated wIth such roof decks may not exceed the maxImum allowable
bUlldmg heIght for the structure
SECTION 2 Ordmance Number 1897 (CCS) IS hereby repealed
SECTION 3 Any provIsIon of the Santa Moruca MumcIpal Code or appendIces thereto
mconsIstent wIth the provIsIons of thIS Ordmance, to the extent of such mconsIstencIes and no
further, IS hereby repealed or modIfied to that extent necessary to effect the provlSIons of thIS
Ordmance
SECTION 4 If any sectIon, subsectIOn, sentence, clause, or phrase OfthIS Ordmance IS
for any reason held to be InvalId or unconstItutIonal by a decIsIOn of any court of competent
JUTIsdIctIOn, such decIsIOn shall not affect the valIdIty of the remammg portIOns of thIS
Ordmance The CIty CounCIl hereby declares that It would have passed thIS Ordmance and each
and every sectIOn, subsectIon, sentence, clause, or phrase not declared mvalId or unconstItutIOnal
WIthout regard to whether any portIOn of the ordmance would be subsequently declared mvalId
or unconstItutIOnal
SECTION 5 The Mayor shall SIgn and the CIty Clerk shall attest to the passage of thIS
Ordmance The CIty Clerk shall cause the same to be publIshed once III the OffiCIal newspaper
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wlthm 15 days after Its adoptIOn This Ordmance shall become effective 30 days from Its
adoptIOn
APPROVED AS TO FORM
~V1.~_uo~1:,./!J~~!1.c0~
lvlAKSHA JO MOuTKlE
I
CIty Attome ~
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- ~--
---- t/A J t
.1--f"M~1A ~
Pt O'COImor. Mayor
State of CalIfornia )
County of Los Angeles) 5S
Cny of Santa Momca )
L Mana N1 Stewart. Cny Clerk of the Cny of Santa MOllica. do hereby certIfy that the foregomg
Ordmance ~o 1936 (CCS) had ns fIrst readmg on February 9, 1999 and was adopted on
February 23. 1999 by the follO\vmg vote
Ayes
CouncIl members
Femstem. McKeo\.\n. O.Connor, Rosenstem
Noes
CounCIl members
None
Abstam
CouncIl members
None
Absent
CouncIl members
Genser. Holbrook
.....
ATTEST
~~.~
Mana M Ste\vart. CIty ~led: