O1942
f.\atty\munl\laws\barry\2ndumta wpd
City Council Meetmg 5-11-99
Santa MOnica, California
ORDINANCE NUMBER 1942 (eCS)
(City Council Serres)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SECTIONS 9 0408.02040,9040802060,9.0408.02.070,
9.04 08 02 080, 9 04.08 04 020, 9 04 08.44 050, 9 04 08.44 060 AND
9.040862020 AND ADDING SECTIONS 9 04 02030.276,9.04.08.44.035 AND
90413040 OF THE SANTA MONICA MUNICIPAL CODE TO
ALLOW SECOND DWELLING UNITS IN THE R-1 AND OP-1
DISTRICTS UNDER SPECIFIED CIRCUMSTANCES, TO ESTABLISH
SPECIAL USE PERMIT DEVELOPMENT STANDARDS FOR THESE
UNITS, AND TO CLARIFY THAT SECOND UNITS ARE ALLOWED
IN THE R2R AND R2B DISTRICTS
WHEREAS, Government Code Section 658522 establishes requirements for the
adoption of mUnicipal standards applicable to second Units 10 single-family and multi-family
zones and provides that, within 120 days after receIving the first application for such a umt,
a City may either' (1) adopt an ordinance allOWing for second Units within designated areas
within the JUriSdiction subject to local standards, or (2) prohibIt second Units based upon
fmdlngs speCified In SectIon 65852 2, and
WHEREAS, If a city falls to exercIse either of these options, then state standards
speCified In SectIon 65882.2 apply, and
WH EREAS, a prinCIpal goal of Government Code Section 65852 2 IS to ensure that
all Callforma Cities make adequate provISion for affordable hOUSing, and
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WHEREAS, the City has a long-standing commitment to the provIsion of affordable
housing, and the City successfully effectuates this commitment through extraordinary effort
manifest in various City laws, poliCies and programs, and
WHEREAS, the CIty's voters have adopted mltlatlve measures which ensure the
protectIon of affordable housIng in the City -- the Rent Control Charter Amendment,
adopted In 1979, has as ItS pnmary purpose the protection of affordable housing and
PrOposItion R, adopted by the voters In 1990, mandates that thirty percent of all housing
Units constructed each yeaf In the City must be affordable, and
WHEREAS, the City'S zOning laws and poliCies Include substantial Incentives forthe
production of affordable housmg, includIng height and denSity bonuses and reduced
parking requirements, and additionally, unlike many cities' zOning laws, Santa Monica
permits some form of residential use In all ofthe CIty's zones, IncludIng Its commercial and
Industnal zones, with the only exception being the City's park zone, whIch IS limited to the
City's parks, and
WHEREAS, the City operates a number of programs whIch facilitate the production
of affordable hOUSing including: loans to private, for-profit developers and owners and
funding to non-profit agencies to acquire or construct hOUSing Units, and
WHEREAS, the CIty also funds many SOCIal service programs which proVide
emergency shelter, tranSitional hOUSing and permanent and supportive hOUSIng to
indIVIduals and famIlies wIth very low Incomes, and
WHEREAS, these and other laws, polICIes and programs have resulted In the
preservation and productIon of an extraordInary number of affordable units within the City
and the presence of these unIts has allowed a substantIal number of low and moderate
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Income households to live In the City notwIthstanding its pnme location and high real estate
values, and
WHEREAS, census data shows that sIxty percent ofthe Clty's households have low
or moderate Incomes, and
WHEREAS, at the same time as It has worked to ensure the preservation and
production of adequate affordable hOUSing, the CIty has also stnven to protect fesldents'
quality of life wIthin the CIty by maintaInIng a balance between the conflicting commumty
needs, and
WHEREAS, the preservation of this balance has been a difficult task because of
certaIn unique characteristics of the CIty whIch are a functIon of Its location and hiStOry,
and
WHEREAS, more speCifically, Santa Monica IS a coastal City, In a pnme location,
bordered by the City of Los Angeles to the north, east and south, and
WHEREAS, the City Itself IS extremely dense with a land area of Just 8 square miles
and a population of approximately 90,000, and
WHEREAS, the combInation of an oceanside location, fine climate, and the
availability of urban facIlitIes, services and entertainments make Santa MonIca an
extremely deSirable place to work or VISit -- just as It IS a very deSIrable place to live, and
WHEREAS, on any weekday, the number of people present In the City IS
approxImately double the City's resIdent population, and on weekends, the number swells
dramatIcally higher, and
WHEREAS, population denSity and congestIon both pose significant threats to the
quality of life In Santa MonIca, and
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WHEREAS, the CIty'S densIty IS, In significant part, a function of its zonIng -- since
1922, a relatively large portion of the CIty has been zoned multi-family, and a slgmficant
portion has been zoned commercial, and
WHEREAS, as a consequence, for many decades, a relatively small percentage of
property WithIn the City has been zoned for Single family residences leading to there being
very few neighborhoods Within the CIty which are neither densely developed nor
periodically congested, and
WHEREAS, the density and congestlon of the CIty and the threat which they pose
to quality of life is magnified by the lack of open space, and
WHEREAS, the City has felatlvely little parkland, and the parks which do eXist are
very heavily used for a variety of purposes, includIng sports leagues and special events,
both of which draw large cfowds and generate substantial noise, and
WHEREAS, although the beach provIdes open space, this open space IS utilized
by tens and even hundreds of thousands of persons living throughout the Southern
California regIon, and
WHEREAS, even the limIted portions of the City which are zoned sIngle family
experience unusual problems With nOise, traffIC and parking for several reasons, and
WHEREAS, the hundreds of thousands of people who work In the CIty and visit It,
use the City's residential streets for travel and parking, and tens of thousands of
commuters drive through the City each work day to gain access to the Santa MonIca
Freeway; and thIs number IS Increasing due to extensive development to the south of the
CIty's border; and
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WHEREAS, these workers, VIsitors, and commuters Impact nOise levels, air quality
and traffic In the City's R-1 and other reSidential neighborhoods, and
WH EREAS, In portions of the City, the commercial zones wh ich run along the CIty's
major east-west thoroughfares are adjacent to R-1 neighborhoods, and
WHEREAS, the quality of reSidential life In these neighborhoods IS impacted by the
large numbers of persons patronIzing the businesses 10 these zones, which Include
restaurants, coffee houses and nIght clubs, and
WHEREAS, In the R-1 neighborhoods of the City, a substantIal number of second
Units already eXist -- some of these were bUilt as "accessory unIts" and are not permItted
for dwelling while others were SImply bUIlt without permits; and
WHEREAS, many of these unIts were utIlized as rental Units prior to the adoption
of the CIty's Rent Control Charter Amendment and are therefore controlled rental units, and
WHEREAS, taken together, these factors mean that the CIty's single family
neighborhoods are already denser, nOISier, and more subject to parking and traffic
problems than their zonmg desIgnations would Indicate, and
WHEREAS, on June 18, 1996, the City receIved ItS fifSt application for a Conditional
Use PermIt for a second Unit on a property zoned for single family use; and
WHEREAS, on August 13,1996, pursuanttothe requlfementsofGovernment Code
Section 65852.2, the City CouncIl directed City staff to prepare an ordinance regulating
second Units In the R-1 district and directed the Planning CommiSSIon to review and
comment on the proposed ordinance, and
5
WHEREAS, In response, Staff proposed an ofdlnance, and the PlannIng
CommISSion conducted a publIc hearing on the proposed ordinance on September 11,
1996,and
WHEREAS, the proposed ordinance, together with modifications suggested by the
Planning CommIssIon, came before the CIty Council at Its meetmg of September 24,1996,
and the Council conducted a public hearing; and
WHEREAS, m the course of that hearing, a significant number of City fesldents
expressed their concerns about permlttmg the development of additional second Units In
the R-1 distriCt, and
WHEREAS, those concerns Included Increased nOIse, Increased air pollution,
security nsks, the creation and exacerbation of traffic and parking problems, inordinate
demand on the Infrastructure of older neighborhoods which were planned and bUilt to be
R-1 , and the lack of qUiet, peaceful spaces in the community; and
WHEREAS, a much smaller number of speakers favored allowIng second Units In
the single family distriCts, and
WHEREAS, at the conclusion of the hearing, the CouncIl deliberated on the
available options and dIrected staff to prepare an ordinance which would prohibit second
Units In the R-1 and OP-1 dlstncts (heremafter referred to In this section as the "R_1
District") only, and
WHEREAS, at the October 8, 1996 CIty CouncIl meetmg, the CouncIl conSIdered
an ordInance which clarified the allowance of second Units In all multI-family dIstricts, and
prohibited second Units In the R-1 dIstrict subject to a limited "hardship exemption," and
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WHEREAS, a public hearing was conducted and addItional public testimony was
received -- some property owners testified that second units were needed for occupancy
by their dependents, or by caregivers for themselves or their dependents; and
WHEREAS, after the receipt of public testimony and deliberation, the City Council
Introduced for first reading an ordinance which modified the proposed "hardship
exemptIon" to expand the circumstances underwhlch second umts would be allowed In the
R-1 District, and
WHEREAS, that ordinance was adopted on second readIng as Ordinance Number
1866(CCS) on October 15,1996, and
WHEREAS, In Ordinance 1866(CCS), the City Council found that permitting the
development of additional second Units In the City'S limited R-1 districts would adversely
Impact the public health, safety and welfare -- such development would sIgnificantly erode
the quality of life for residents of R-1 districts In Santa MonIca, and
WHEREAS, such development would, among other things, exacefbate problems
resulting from the City's overall denSIty, the unusually large number of persons who work
Within the City, VISit It for recreation, and travel though it, and the substantial number of
second unIts that already eXist In R-1 diStricts, and
WHEREAS, the City Cou nC11 further found that these problems include nOise, tfaffic,
and a shortage of pafklng and such development would also adversely affect quality of life
by reducing the number of neIghborhoods WIthin the City whIch stIli afford a tranqUil
environment and thereby serve as havens for CIty reSidents who walk, Jog, and fide
bIcycles on theIr qUIet streets, uSIng the streets In much the same way as parks, and
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WHEREAS, wIthout limIting the foregoing, the CIty Council also found that many
property owners In the R-1 Dlstnct have dependents, such as elderly relatives or physically
or mentally disabled adult chlldfen, who rely on the property owner for cafe and second
Units provide an opportunity for lImited Independent living for such dependents In close
proximity to the property owner's home, whIle other R-1 property owners have the need to
house health care providers or other care gIvers for themselves or their dependents, and
WHEREAS, second Units facIlitate such an arrangement and provide a convenient
residence for such careglvefs - In some Circumstances, substantial hardshIp may result
to property owners who are unable to have second unIts on theIr property for the purposes
described above, and
WHEREAS, allOWing second Units In the R-1 district only for the use of dependents
of the property owner, or cafeglvers of the property owners or dependents of the property
owners, and subject to the other requirements of thiS Ordinance, should not result In an
undue concentration of second Units, and strikes an appropnate balance between the
competIng needs Identified above, and
WHEREAS, In lIght of the above-mentIoned concerns, on November 26,1996, the
City CounCil adopted Interim Ofdlnance Number 1869 (CCS) which extended Intenm
OrdInance Number 1866 (CCS) for eighteen (18) months and on June 9,1998, the City
CounCil adopted Interim Ordinance Number 1916 (CCS) which further extended Intenm
Ordmance Number 1866 (CCS) and IS due to expire on June 28, 1999, and
WHEREAS, newly constructed second Units will probably not be affordable for the
following reasons (1) The City'S Rent Control Charter Amendment Will not festnct rents
for these Units since they would be exempt as new construction and these Units would also
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not be su bJect to the City's Affordable HousIng ProductIon Program requ Irements; (2) Data
provided by the Santa Momca Rent Control Board tracking the rent levels of unrts
decontrolled as a result of Costa Hawkins demonstfates that these decontrolled unIts are
losIng theIr affordablllty, (3) Data obtained In preparing the City's Housing Element Update
also demonstrates that prevallrng market rents for new multi-family construction are not
affordable, and (4) Market rents In Santa MOnica are continuIng to increase as land values
Increase, and
WHEREAS, although second Units are different In kind from tradItional rental umts,
second Units would not be immu ne from these market conditions, and given thiS data, there
IS no reason to conclude that newly constructed second units would be offered at
affordable rents, and
WHEREAS, the purpose of thiS ordinance IS to conform wIth the requIrements of
State law relating to second unrts In areas zoned for single-family and multi-family
residences while protecting the character of the sIngle family residential dlstncts and to
provide reasonable deSign and development standards and procedures to foster and
protect the public health, safety, welfare and aesthetic Interests of the City, and
WHEREAS, whIle thiS ordinance may limit hOUSing opportunities In the region over
time, In view of the many City laws, policies and programs which have successfully
fostered affordable hOUSing opportunities In the CIty, and In view of the extent and success
of those efforts relatIve to efforts made by other CIties In the regIon, any Impact of thIS
ordinance upon regional hOUSing needs wllllrkely be negligible, and
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WHEREAS, tandem parking for lots greater than 30 feet In width and pafklng In the
front one half of the parcel are not otherwIse permitted for residential uses anywhere else
In the City and shall not be permitted for second units, and
WHEREAS, based on the detailed findIngs set forth above, the proposed
amendment IS consistent In princIple with the goals, obJectives, poliCies, land uses, and
programs specIfIed In the adopted General Plan, specIfically, Policy 1.10 1 ofthe Land Use
and Circulation Element, which provides In relevant part that the City shall "Encourage the
development of new housing In all eXistIng reSidentIal diStricts, while stili protectIng the
character and scale of neIghborhoods" and 1 10 6 which provides that the City shall
"Restrict the use of second Units In single family residential neighborhoods," and
WHEREAS, the proposed amendments are In conformance with the City's Housing
Element adopted on April 15, 1998 which was found to be In compliance with State
housIng element law by the State Department of Housing and Community Development
("HCD") on December 9, 1998, and
WHEREAS, HCD revIewed the City's regulations governing second units as part of
ItS review of the CIty's Housing Element, and
WHEREAS, the publIC health, safety, and general welfare requIre the adoptIon of
this proposed text amendment In that the proposed amendment Will allow second Units In
the R-1 and OP-1 Districts for the use of dependents of the property owner or careglvefs
of the property owners or dependents of the property owners whIle protectIng the character
of the SIngle family resIdential dIstricts and preventing an undue concentration of second
U nits, and In that the proposed amendment specifies reasonable design and development
standards and procedures to foster and protect the publiC health, safety, welfare and
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aesthetIc Interests ofthe City, and In thatforthe feasons expressed In the findings setforth
above permitting second Units In the City'S R-1 districts without the lImitatIons established
In this amendment would adversely Impact the public health, safety, and welfare; and In
that should the City not adopt thIS amendment, development could occur under the
proVIsIons of Government Code Section 65582 2 whIch would also adversely Impact the
public health, safety, and welfare,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS
Section 1 SectIon 9 04 02 030.276 IS hereby added to the Santa MOnica MUniCIpal
Code to read as follows
Section 9.04.02.030.276 Dwelling unit, second
"Second Unit" means an attached ordetached reSIdential dwelling Unit
which provides complete Independent liVing facIlities for one or more persons
and which IS located or established on the same lot on which a single family
residence IS located A second unIt shall contain permanent provisions for
liVing, sleeping, eating, cookIng and sanitation. "Second Unit" shall also
Include an effiCiency Unit, as defined In Section 17958.1 of the Health and
Safety Code, and a manufactured home, as defined In Section 18007 of the
Health and Safety Code
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SectIon 2 Section 9.04 08 02 040 of the Santa Monica MUnicipal Code is hereby
amended to read as follows
Section 9.04.08.02.040 Uses subject to use permit
The following uses may be permItted In the R1 District subject to the
approval of a Use Permit
(a) Duplexes on a parcel haVIng not less than 6,000 square feet of
area, a side parcel line of which abuts or IS separated by an alley from any
R2, R3 or R4 District
(b) Second dwelling Units subject to the reqUirements set forth In
Section 9 04 13 040
Section 3 Section 9.04.08.02 060 of the Santa MOnica MUniCIpal Code IS hereby
amended to read as follows
Section 9.04.08.02.060 Prohibited uses.
(a) Boarding houses
(b) Rooftop parking
(c) Any uses not speCifically authorized
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SectIon 4 Section 9 04 08 02 070 of the Santa Monica MUnicipal Code IS hereby
amended to read as follows
Section 9.04.08.02.070 Property development standards.
All property In the R 1 District shall be developed In accordance with the
follOWing standards
(a) Maximum Building Height.
(1) Two stones, not to exceed 28 feet, which includes all bUIlding
elements except chimneys and required vents,
(2) On lots of more than 20,000 square feet with a minimum front
parcel line dimenSion of 200 feet, the height shall not exceed 35 feet for a
pitched roof or 28 feet for other types of roofs
(b) Maximum Unit Density. One dwelling umt per parcel, except
where a Use Permit has been approved for a duplex as permitted by Section
9 04 08 02 040(a) or where a Use Permit has been approved for a second
umt as permitted by Section 9 04 08 02.040(b)
(c) Minimum Lot Size. 5,000 square feet Each parcel shall
contam a minimum depth of 100 feet and a mlnlmum Width of 50 feet except
that any parcel eXlstmg 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 of 3,000 square feet or smaller may have a parcel
coverage of 60 percent
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(e) Front Yard Setback. As shown on the Official Dlstnctlng Map
of the City, or, if no setback IS speCified, 20 feet
(f) Additional Front Stepback Above 14 Feet in Height. For new
structures or additions to eXisting structures, any portion of the front bUilding
elevation above 14 feet exceedmg 75 percent of the maximum bUildable
front elevation shall be stepped back from the front setback Ime an additional
average amount equal to four percent of parcel depth, but In no case
resulting In a required step back greater than 10 feet
As used In thiS Chapter, "maximum bUIldable elevation" shall mean the
maximum potenttallength of the elevation permitted underthese regulations,
which mcludes parcel width or length (as applicable), minus required
mlnlmum setback
(g) Rear Yard Setback. 25 feet
(h) Additional Rear StepbackAbove 14 Feet in Height. For new
structures or additions to eXisting structures, any portion of the rear bUIlding
elevation above 14 feet exceeding 75 percent of the maxlmu m 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 reqUired stepback greater than 10 feet.
(I) Side Yard Setback. Ten percent of the parcel width or a
minimum of three feet SIX Inches, whIchever IS greater, but In no case greater
than 15 feet (See also Section 9 04 10 02 190 )
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(j) Additional Side Stepbacks Above 14 Feet in Height. For
new structures or additions to eXlstmg structures, any portion of the side
bUilding elevation above 14 feet exceeding 50 percent of the maximum
bUildable side elevation shall be stepped back from the side setback line an
additional one foot for every 2 feet 4 Inches above 14 feet of bu lId Ing height
to a maximum height of 21 feet
(k) Additional Side Stepback Above 21 Feet in Height. No
portion of the bUilding, except permItted proJections, shall mtersect a plane
commencing 21 feet In height at the minimum sideyard setback and
extending at an angle of 45 degrees from the vertical toward the mtenor of
the site
(I) Front Yard Paving. No more than 50 percent of the required
front yard area Including dnveways shall be paved, except that lots With a
Width of 25 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 subsections (f), (h), 0), and (k) ofthls 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, adJOIning properties or the general area In whIch the property IS
located, and the obJectIves of the stepback requirements are satisfied by the
provIsion of alternative stepbacks or other bUlldmg features which reduce
effective mass to a degree comparable to the relevant standard requirement
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(n) Driveways. No more than one driveway per parcel to a public
street shall be permitted on parcels less than 100 feet in wIdth
(0) Basements and Subterranean Garages. No basement or
subterranean garage shall extend Into 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, seml-
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
utilized for Ilghtwells or stairways to below-grade areas of the main bUlldmg and any
accessory bUildings;
(2) No more than three feet of excavation below grade for a driveway,
stairway , doorway, IIghtwell, window or other such elementto a subterranean
or semlsubterranean garage or basement shall occur In the front yard
setback area ThiS requirement may be modified by the Architectural ReView
Board for parcels With an elevation rise offive feet from the front property line
to a pOint fifty feet towards the Interior of the site If it finds that topographic
conditions necessitate that such excavation be permitted
(q) Roof Decks. Roof decks shall be set back at least three feet
from the minimum sldeyard setback The height of any railings or parapets
associated With such roof decks may not exceed the maximum allowable
bUilding height for the structure
16
Section 5 Section 9 04 08.02 080 of the Santa MOnica Municipal Code IS hereby
amended as follows
Section 9.04.08.02.080 Architectural review.
No bUilding or structure In the R1 District shall be subject to
architectural review pursuant to the provIsions of Chapter 9.32 of this Code
except
(a) Properties installing roof or building-mounted parabolic
antennae (only with respect to the antennae and screening);
(b) Duplexes and second units,
(c) Any structure above fourteen feet In height that does not
conform to the required yard stepbacks for structures above fourteen feet In
height,
(d) Any structure that does not conform to the limitations on access
to subterranean garages and basements,
Any applicant for a development subject to architectural review under
these prOVISions shall provide certification of notice to all owners and
commerCial and residential tenants of property Within a radius of three
hundred feet from the exterior boundaries of the property mvolved In the
application, not less than ten days m advance of Architectural ReView Board
conSideration of the matter, which notIce and certifIcation thereof shall be In
a form satisfactory to the ZOning Admmlstrator
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Section 6 Section 9 04 08 04 020 of the Santa MOnica MUnicipal Code IS hereby
amended to read as follows
Section 9.04.08.04.020 Permitted uses.
The following uses shall be permitted In the R2R District
(a) Domestic Violence shelters.
(b) Hospice faCIlities
(c) One Single family dwelling Unit per parcel placed on a
permanent foundation (Including manufactured housing)
(d) One duplex (mcludmg a detached second unit when located on
a parcel contammg one Single family home) on any legal parcel that existed
on August 31,1975
(e) One-story accessory bUildings and structures up to fourteen
feet In height
(f) PubliC parks and playgrounds
(g) Small family day care homes
(h) Yard sales, limited to two per calendar year, for each dwellmg
unit for a maximum of two days
Section 7 Section 9.040844.035 IS hereby added to the Santa MOnica MUniCipal
Code to read as follows'
Section 9.04.08.44.035 Uses subject to use permit.
The follOWing use may be permitted In the OP-1 Dlstnct subject to the
approval of a Use Permit
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Second dwelling Units In compliance with the requirements set forth In
Section 9 04 13 040
SectIon 8 Section 9 04 08 44 050 of the Santa MOnlca MUnicIpal Code IS hereby
amended to read as follows
Section 9.04.08.44.050 Prohibited uses.
(a) Boarding houses
(b) Roofto p pa rklng
(c) Any uses not speCifically authorized
Section 9 Section 9 04 0844 060 of the Santa MOnica Municipal Code IS hereby
amended to read as follows
Section 9.04.08.44.060 Property development standards.
All property In the OP-1 District shall be developed In accordance with
the follOWing standards
(a) Maximum Building Height. Two stones, not to exceed twenty
feet for a flat roof or twenty-seven feet for a pitched roof A "pitched roof' IS
defined as a roof with at least two Sides haVing no less than one foot of
vertical rise for every three feet of hOrizontal run The walls of the bUilding
may not exceed the maximum bUilding height required for a flat roof
(b) Maximum Unit Density. One dwelling Unit per lot, except
where a Use Permit has been approved for a second Unit as permitted by
Section 9 04 08 44 035.
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(c) Minimum Lot Size. Four thousand square feet Each lot shall
contain a mlntmum depth of eighty feet and a minimum width of twenty-five
feet except that any lot eXisting on the effective date of this Chapter shall not
be subJect to this requirement
(d) Maximum Lot Coverage. Fifty percent
(e) Front Yard Setback. Fifteen feet, or ten feet If the average
setback of adJacent dwelhng(s) IS ten feet or less A one story, covered or
uncovered porch open on three Sides may encroach SIX feet Into a front yard
with a fifteen-foot setback, if the roof does not exceed a height of fourteen
feet, and the porch Width does not exceed forty percent of the bUilding Width
at the front of the bUilding.
(f) Rear Yard Setback. Ten feet
(g) Side Yard Setback
(1) The Side yard setback for that portion of a bUilding with a secondary
Window, blank wall, or pnmary window on a Side yard facing the street (i e ,
a corner lot) shall be determmed 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 lot width but not less than four feet.
5' + (stones X lot Width)
50'
(2) The Side yard setback for that portion of a bUilding With a
primary wmdow shall be as followsr
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(a) For lots less than fifty feet In width, a minimum setback of eight
feet shall be provided, as long as at all times a twelve-foot separation eXists
between the pnmary window and any adjacent structures,
(b) For lots fifty feet or greater In width, a minimum setback of
twelve feet shall be provided
(3) The second floor side yard setback above a pnmary window
shall not project more than two feet Into the required side yard setback
(h) Landscaping. All areas not covered by bUildings, dnveways,
and sidewalks are to be covered by appropnate landscapmg. All new
construction that requires Issuance of a bUilding permit shall be subject to the
proVIsions of Part 9 04 10 04 of this Article
(i) Parking Access. Access to all required off-street parking shall
be from alleys, except for corner lots where access may be provided from the
side street but not from the front street
Section 10 Section 9 04 08 62 020 of the Santa MOnica MUnicipal Code IS hereby
amended to read as follows
Section 9.04.08.62.020 Permitted uses.
The follOWing uses shall be permItted In the R2B DIstrict.
(a) Congregate housing
(b) Domestic Violence shelters
(c) HospIce faCilities
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(d) One single family dwelling per lot placed on a permanent
foundation Including manufactured housing
(e) One-story accessory bUildings and structures up to fourteen feet
In heIght
(f) Public parks and playgrounds
(g) Second dwelling Unit
(h) Senior housing
(i) Senior group housing
(J) Single room occupancy housmg
(k) Small family day care homes
(I) State authOrized, licensed, or certified uses to the extent
required to be permitted by State Law
(m) TransItional housing
(n) Yard sales, limited to two per calendar year, for a maximum of
two days
Section 11. Section 9.04 13040 IS hereby added to the Santa MOnica MUniCipal
Code to read as follows.
Second dwelling units in the R-1 and OP-1
Districts.
A second dwelling Unit Including all eXisting non-permitted second
units shall comply With all the requirements of the zoning dlstnct In which It
IS to be or IS located, Including the Uniform BUilding Code and all other
22
Section 9.04.13.040
relevant federal, state and local requirements and with the following
operating, design and development standards
(a) Occupancy and sale limitations. The owner of record ofthe
parcel shall reside on the parcel on which the second Unit IS located, In either
the main dwelling unltorthe second umt. The second Unit shall be Intended
and used for occupancy as a residential dwelling unit by the resident
property owner, a dependent of the resident property owner or a care giver
of either the resident property owner or a dependent of the resident property
owner The Use Permit shall be valid only If and for so long as these
conditions are maintained The second Unit IS not Intended for, and shall not
be offered for, sale separately from the main dwelling unit
(b) Lot size. Second umts may be developed on any legal parcel
of 5000 square feet or more In the R-1 and OP-1 Districts Second units may
not be developed on parcels less than 5000 square feet In area
(c) Density. Second umts may be developed on parcels which
contain no more than one eXisting single-family reSidence
(d) Maximum and Minimum Unit Size. Second units maycontam
a maximum of 650 square feet of floor area and a minimum of 220 square
feet of floor area.
(e) Parcel coverage. The parcel coverage of the second umt shall
count toward total parcel coverage The entire parcel shall conform to the
parcel coverage limitation of the R-1 or OP-1 Districts as applicable
23
(f) Parking requirements. For second units, one parking space
per bedroom shall be reqUired, with a minimum of one space per second
Unit Tandem parking shall not be permitted unless the parcel upon which
the second Unit IS located is less than 30 feet In width Parking shall not be
located In the front one half of the parcel
(g) Second units attached to the main dwelling. Except as
otherwise provided above, the second unit shall comply With all the property
development standards for the main dwelling
(h) Detached second units. In addition to the reqUirements set
forth above, detached second Units shall comply WIth the follOWing
(1) One story detached second Unit in a bUilding which is fourteen
feet or less In height The entire bUilding In which such second Unit is
located shall comply With the reqUirements applicable to accessory
structures settorth In Zoning Ordinance Section 9.04.1 002 100, subsections
(a), (b), (c), (d), and (e) and With the requirements for accessory living
quarters set forth In ZOning Ordinance Section 9.04 12 080, subsections
(c),(d), and (g)
(2) Detached second Unit In a building which IS over one story or
exceeds fourteen feet In height The entire building In which such second
umt IS located shall comply WIth the requirements applicable to accessory
structures set forth In Zoning Ordinance Section 904.14.110, subsections
(a), (c), (d), (e), and (g)
(i) Design standards.
24
(1) The exterior design of the second Unit shall be substantially
compatible wIth that of the main dwelling In terms of bUIlding forms,
materials, colors, extenor finishes and landscaping The parcel shall retain
a single-family appearance and the second unit shall be Integrated Into the
design of the eXisting Improvements on the property.
(2) The second Unit shall be clearly subordinate to the main
dwelling Unit on the parcel by Size, location and appearance
(3) The entrance to the second unit shall not be on the front or
street side yard.
(4) The addresses of both Units shall be displayed In a manneras
to be clearly vIsible from the street
(J) Conversion of existing structures.
(1) Garage conversions. The creation of a second Unit through
converSion of all or a portion of a garage shall be prohibited unless at least
two parking spaces in a garage are provided for the main dwelling, In
addition to the parking reqUired by thiS Ordinance for the second unit, and
all other provIsions of thiS Ordinance are met
(2) Accessory living quarters and non-garage accessory
building conversions. The creation of a second Unit through conversion of
all or a portion of a accessory living quarters or non-garage accessory
bUilding shall be allowed If parking reqUired by thiS Ordinance for the second
Unit IS proVided, and all other provIsions of thiS Ordinance are met
25
(3) Conversion of existing floor area ofthe main dwelling. The
creation of a second unit through conversion of part of the eXisting floor area
of the main dwelling shall be allowed, proVided It does not result In the floor
area of the main dwelling being less than 150% of the floor area of the
second unit, or in violation of the standards of the Unrform BUilding Code or
Uniform Housing Code
(k) Prohibition against rental. The second unrt shall not be
rented except to those persons whose occupancy IS authOrized by
subsection 9 04 13 040(a)
(I) Deed Restriction. Prior to Issuance of a bUilding permit, or In
the case of an eXisting second unit, Within 45 days follOWing the effective
date of approval of a Use Permit, the applicant shall record a deed restriction
With the County Recorder In a form approved by the City Attorney setting
forth the requirements ofthls Ordinance, including the applicable occupancy
and sale restnctlons. ThiS deed restnctlon shall run With the land.
(m) For purposes of thiS section, the follOWing definitions shall
apply
(1) Care giver. Any person who IS responsible for the care, health,
safety, custody, or control of the reSident property owner or a dependent of
the reSident property owner for a minimum of twenty (20) hours per week
(2) Dependent of the resident property owner. Any person who
meets one of the follOWing categones
26
(a) An individual claimed by the resident property owner as a
dependent on his or her state or federal personal Income tax returns If he or
she has sufficient Income to have a personal tax liability
(b) A biological, adopted, or foster Child, a stepchild, or a legal ward
who IS under 21 years of age
(c) An individual 21 year of age or greater who has physical or mental
limitations which restnct hiS or her ability to carry out normal activities or to
protect hiS or her rights, Including, but not limited to, persons who have
physical or developmental disabilities or whose physical or mental abilities
have diminished because of age and who is in one of the following groups
(I) Children, parents, siblings, first COUSinS, nephews, or nieces, and
persons of preceding generations denoted by prefixes of grand, great, or
great-great
(II) Stepfather, stepmother, stepbrother, stepsister, and stepchild
(IIi) Spouses of any persons named In the above groups even afterthe
marriage is terminated by death or divorce
3 Resident property owner. Any person listed on the tax
assessor's rolls as an owner of record of the parcel on which the second Unit
IS or Will be located and who reSides on this property as hiS or her principal
place of residence
SECTION 12 Any provIsion of the Santa Monica MUniCipal Code or appendices
thereto Inconsistent with the prOVIsions of thiS Ordinance, to the extent of such
27
inCOnsistencies and no further, IS hereby repealed or modified to that extent necessary to
effect the provIsions of thiS Ordinance
SECTION 13 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 competent JUriSdiction, such decIsion shall not affect the validity of the remaining
portIons ofthls 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 14 The Mayor shall sign and the City Clerk shall attest to the passage
of thiS Ord Inance The City Clerk shall cause the same to be pu bhshed 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
rn
MARSHA J
CIty Attorney
28
Adopted and approved thIS 11 th day of May, 1999
t
~\ {ja1v-----
~m O'Connor, Mayor
State of CalIfornIa )
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 1942 (CCS) had Its first readmg on Apn128, 1999, and was adopted
on May 11. 1999 by the followmg vote
Ayes
CouncIl members Genser. Holbrook, McKeown,
Bloom. O'Connor,
Noes'
CouncIl members Femstem, Rosenstem
Abstam
CouncIl members None
Absent
CouncIl members None
ATTEST ~
'-- ~lu ~
Mana M Stewart, CIty ~~k -- ~ - ~