O1950
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City Council Meeting 8-10-99 Santa Momca, Callforma
ORDINANCE NUMBER 1950 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
MODIFYING THE DEVELOPMENT STANDARDS FOR PARCELS IN THE R1
DISTRICT AREA BOUNDED BY MONTANA AVENUE, THE NORTHERN
CITY LIMITS, TWENTY-SIXTH STREET, AND OCEAN AVENUE INCLUDING
AMENDING SECTION 9 04 08 02 020 (PERMITTED USES), SECTION
9.040802040 (USES SUBJECT TO A USE PERMIT), SECTION
90408.02070 (PROPERTY DEVELOPMENT STANDARDS), SECTION
904.0802080 (ARCHITECTURAL REVIEW) AND ADDING SECTION
9040802075 (SPECIAL PROJECT DESIGN AND DEVELOPMENT
STANDARDS) AND SECTION 9 04 13050 (ACCESSORY BUILDING
DEVELOPMENT STANDARDS AND CONDITIONS) TO ARTICLE IX
OF THE SANTA MONICA MUNICIPAL CODE; DECLARING
THE PRESENCE OF AN EMERGENCY
WHEREAS, the area of the City bounded by Twenty-Sixth Street, Ocean Avenue,
Montana Avenue and the northern City limits, commonly referred to as the North of
Montana neIghborhood, contains a mix of modest, older, single story and two story homes
and new, substantially larger dwellings constructed in recent years, and
WHEREAS, the development standards established by the City's Zoning Ord Inance
authOrize the construction of hOUSing dramatically different from the eXisting scale and
character of this neighborhood thereby slgmficantly Impacting eXisting residences In terms
of access to light and air, privacy, and the overall amount of open space; and
WHEREAS, Within the past two years, real estate values In the North of Montana
neighborhood have risen dramatically, and
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WHEREAS, pnorto the City Council's adoption of Interim Ordinance Number 1921
and I ntenm Ordinance Nu mber 1925, there had been a su rge In the demolition of the older
housing and rebuilding with housing bUilt to the maximum development standards
authorized by the City's Zoning Ordinance, and
WHEREAS, in 1997, there were twenty five (25) demolition applications filed for
Single family reSidences In this neighborhood -- the highest number recorded for a Single
year and a figure which represented more than a doubling of the number of demolition
applications In 1996 and a five fold Increase over the number of applications in 1995, and
WHEREAS, as of September 15, 1998 when the interim ordinances were adopted,
there had already been thirty-sIx (36) demolition applications filed for that year -- a
continuation of this trend for the remainder of the year would have placed the figure at
almost double 1997's record, and
WHEREAS, Similarly, permits for the construction of new Single family reSidences
In 1997 totaled a record of sixteen (16), and
WHEREAS, In 1998, twenty-eight (28) such permits had already been Issued by the
time of the adoption of the Interim ordinances, and
WHEREAS, Without City Council action, the number of applications filed for
development projects Within thiS neighborhood would have continued to escalate given
market conditions and the desirability of the area; and
WHEREAS, most of these new houses in the neighborhood were two stones of
approximately 5,000 square feet In size and contained lofts and mezzanines between the
first and second floors and between the second floor and roof of a structure, and
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WHEREAS, these lofts and mezzanines created the appearance of a three story
structure, and
WHEREAS, the second story was often bUilt With very little articulation In
comparison to the first story -- the combined height and massing of these houses causes
them to tower over and dwarf the eXisting adjacent houses and to be wholly at odds With
the eXisting scale and character of the neighborhood, and
WHEREAS, much ofthls new hOUSing was also deSigned With eaves, chImneys, bay
Windows, patiOS, or balconies, which project Into the reqUired yard set backs, Increasing
the bUilding's mass and ItS Impact on adjOIning properties, and
WHEREAS, In addition, these redeveloped parcels often Included a two story
accessory structure and/or second story additions to existing garages located in the rear
and Side yard areas; and
WHEREAS, when these accessory structures are located on corner lots, they
slgmflcantly Increase the site's perceived development intensity because of the VISibility of
these structures. and
WHEREAS, the full build-out ofthese lots substantially reduces the overall amount
of open space In the neighborhood, and
WHEREAS, these monolithic structures envelop smaller adjacent houses,
particularly when an older house IS sandWiched in between two such structures; and
WHEREAS, when these huge houses are adjacent to one another, they create a
walled effect, transforming the street Into a canyon, and
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WHEREAS, the size and scale of this development has a significant detrimental
Impact on adJacent neighbors' access to light and air, on their privacy and on the overall
amount of open space as Viewed from the street and between bUildings, and
WHEREAS, the City Itself IS extremely dense with a land area of just 8 square miles
and a population of approximately 90,000 people and
WHEREAS, given the City's density, the open space provided by the North of
Montana neighborhood IS an essential City asset, and
WHEREAS, given the pace of redevelopment that was occurnng, the amount of
construction activity In this area also caused significant disruption and nOise problems for
the residents ofthe area since construction materials and equipment were often placed in
the roadway and/or on sidewalks, thereby obstructing both vehicular and pedestrian traffic
and construction fences Impact neighborhood aesthetics, and
WHEREAS, to address the above-mentioned concerns, the City Council adopted
Interim Ordinance Number 1921 (CCS) on August 19,1998 modifying the development
standards In the Zoning Ordinance pending review and assessment of the appropriate
permanent development standards that should be established for thiS area, and
WHEREAS, on September 22, 1998, the City Council adopted Intenm Ordinance
Number 1925 (CCS) which extended Interim Ordinance Number 1921 (CCS) and which
will expire on September 21, 1999, and
WHEREAS, the CIty subsequently retained the services ofthree architects to assIst
With the development of permanent standards, and
WHEREAS, on February 10,1999, the Planning Commission held a public hearing
to Identl'fy the Issues that should be examined In developing permanent standards, and
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WHEREAS, on May 5, 1999, the Planning Commission held a community workshop
to proVide further public Input on the appropnate development standards, and
WHEREAS, on June 9, 1999, the Planning CommiSSion held a public heanng to
adopt a Resolution of Intention which stated the Commission's intention to modify the City's
Zoning Ordinance, and
WHEREAS, on June 16, 1999, the Planmng Commission held a public hearing on
the proposed text amendment and recommended specific modifications to the
development standards In the North of Montana neighborhood, and
WHEREAS, If development standards established by the Zoning Ordinance are not
modified, additional housing would be developed that would severely Impact existing
reSidences, would be Incompatible With the eXisting neighborhood scale and character, and
would be contrary to the neighborhood's histOriC development patterns, and
WHEREAS, the proposed amendments are consistent In prinCiple with the goals,
objectives, policies, land uses and programs speCified In the adopted General Plan In that
there IS no change to the allowable IntenSities as defined In the Land Use ClaSSification
and In that the proposed amendments ensure that future development IS compatible With
the eXisting neighborhood, and
WHEREAS, the proposed amendment IS consIstent With Land Use Element Policy
1 10 1 which IS to "encourage the development of new hOUSing while still protecting the
character and scale of the eXisting neighborhood;" and
WHEREAS, the public health, safety, and general welfare reqUire the adoptlon of
the proposed amendment In that If current development standards are not modified,
additional hOUSing would be developed that would severely impact eXisting reSidences,
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would be Incompatible with the eXisting neighborhood scale and character and would be
contrary to the neighborhood's historic development patterns, and In that the proposed
amendment will set development standards that will ensure that adequate light, air, privacy,
and open space is provided for each dwelling, that new development IS compatible with the
north of Montana neighborhood, and thatthe character of the neighborhood IS maintained,
WHEREAS, the lack of permanent development standards for thiS neighborhood IS
creating great uncertainty regarding the level and type of development that will ultimately
be allowed and making redevelopment decisions exceedingly difficult dUring thiS Interim
period,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS.
SECTION 1 Santa Monica MUnicipal Code SectIon 904.0802020 IS hereby
amended to read as follows
9.04.08.02.020 Permitted uses.
The follOWing uses shall be permitted In the RI District:
(a) Hospice faCIlities,
(b) One Single family dwelling per parcel placed on a permanent
foundatIon (lncludmg manufactured housing),
(c) One-story accessory bUildings and structures up to 14 feet In
height,
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(d) Except In the area bounded by Montana Avenue, the northern
City limits, Twenty-Sixth Street and Ocean Avenue, one-story accessory
buildings over 14 feet In height to a maximum height of28 feet, or two-story
accessory bUildings up to a maximum height of 28 feet, if such bUildings
conform to the reqUired setbacks and stepbacks forthe pnnclpal bUilding and
with the development standards set forth In Section 9.04.14 110,
(e) Public parks and playgrounds;
(f) Small family day care homes,
(g) State authorized, licensed, or certified uses to the extent
reqUired to be permitted by State Law,
(h) Yard sales, limited to two per calendar year, for a maximum
of two days each,
(I) Domestic violence shelter.
SECTION 2 Santa MOnica MUniCipal Code Section 9 04 08 02 040 is hereby
amended to read as follows.
9.04.08.02.040 Uses subject to use permit.
The following use may be permitted In the R1 District subJect to the
approval of a Use Permit
(a) Duplexes on a parcel haVIng not Jess 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 Dlstnct;
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(b) Second dwelling units subJect to the requirements set forth In
Section 9 04 13 040;
(c) On parcels In the area bounded by Montana Avenue, the
northern City limits, Twenty-Sixth Street and Ocean Avenue, one-story
accessory buildings over 14 feet In height to a maximum height of 24 feet, or
two-story accessory bUildings up to a maximum height of 24 feet, If such
bUildings conform to the development standards set forth In Section
904.13050
(d) On parcels In the area bounded by Montana Avenue, the
northern City limits, Twenty-Sixth Street and Ocean Avenue, curb cuts for
purposes of providing street access to an on-site parking garage on parcels
With an adJacent side or rear alley having a minimum right-of-way of 15 feet
SECTION 3 Santa MOnica MUnicipal Code Section 9.04 08.02 070 is hereby
amended to read as follows
9.04.08.02.070 Property development standards.
All property In the R1 Dlstnct 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,
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(2) On lots of more than 20,000 square feet with a minimum front
parcel line dimenSion ot 200 feet, the height shall not exceed 35 teet tor a
pitched roof or 28 feet for other types of roofs
(3) On lots of less than 20,000 square feet In the area bounded by
Montana Avenue, the northern City limits, Twenty-Sixth Street and Ocean
Avenue, the maximum bUilding height shall be 32 feet, except that for a
parcel With greater than 35 percent parcel coverage, the maximum building
height shall be one story, not to exceed 18 feet, which Includes all building
elements except chimneys and reqUired vents
(b) Maximum Unit Density. One dwelling Unit per parcel, except
where a Use Permit has been approved for a duplex as permitted by Section
9 04.08 02 040(a)
(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 lines of First Court Alley to the west,
Seventh Street to the east, Montana Place North Alley to the south, and
Adelaide Onve to the north, which shall contain 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 of 3,000 square feet or smaller may have a parcel
coverage of 60 percent, however, In the area bounded by Montana Avenue,
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the northern City limits, Twenty-Sixth Street and Ocean Avenue, maximum
parcel coverage shall be 35 percent except that parcels with only one-story
structures not exceedmg 18 feet In height may have a maximum parcel
coverage of 50 percent
(e) Front Yard Setback. As shown on the Official Dlstrlctmg 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 exceeding 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 resultmg m a reqUired step back greater than 10 feet However, in the
area bounded by Montana Avenue, the northern City limits, Twenty-Sixth
Street and Ocean Avenue, the stepback shall be as follows. any portion of
the front bUlldmg elevation above 14 feet exceeding 70 percent of the
maximum bUildable front elevatlon shall be stepped back from the front
setback line an additional average amount equal to eight percent of parcel
depth, but In no case resulting In a reqUired stepback greater than 12 feet.
As used In thiS Chapter, "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 setback
(g) Rear Yard Setback. 25 feet
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(h) Additional Rear Stepback Above 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 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 reqUired step back greater than 10 feet However, In the area
bounded by Montana Avenue, the northern City limits, Twenty-Sixth Street
and Ocean Avenue, the stepback shall be as follows the entire rear bUilding
elevation above 14 feet shall be stepped back an amount equal to 30
percent of the lot depth, but no greater than 40 feet from the rear property
line
(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 However. In the area bounded by Montana Avenue,
the northern City limits, Twenty-Sixth Street and Ocean Avenue, for
structures over 18 feet In heIght, Including all bUilding elements except
chimneys and reqUired vents, the required amount of setback for both side
yards combmed as measured at any pOint on the parcel, shall equal 30
percent of the parcel width but in no case be greater than a total of 45 feet
The minimum setback for each Side yard shall also be equal to 10 percent
of the parcel Width, or a minimum of three feet, SIX Inches whichever is
greater (See also Section 9.04.10.02 190 )
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(]) Additional Side Step backs Above 14 Feet in Height. For
new structures or additions to existing 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 bUilding 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 intersect a plane
commencing 21 feet In height at the minimum sldeyard setback and
extending at an angle of 45 degrees from the vertical toward the interior of
the site However, In the area bounded by Montana Avenue, the northern
City limits, Twenty-Sixth Street and Ocean Avenue, no portion of the
bUilding, except permitted projections, shall intersect a plane commencing
21 feet In height at the minimum sldeyard setback and extending at an angle
of 30 degrees from the hOrizontal toward the Intenor of the site.
(I) Front Yard Paving. No more than 50 percent of the required
front yard area Including driveways 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 However, In the area bounded by Montana Avenue, the
northern City limits, Twenty-Sixth Street and Ocean Avenue, no more than
40 percent of the required front yard area shall be paved, Including
driveways, except that lots With a width of 25 feet or less may have up to 60
percent of the reqUired front yard area paved.
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(m) Modifications to Stepbacks Above 14 Feet in Height. The
stepback reqUirements of subsectIons (f), (h), (J), 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 detrimental 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 buildmg features which reduce
effective mass to a degree comparable, to the relevant standard
requirement
(n) Driveways. No more than one drlveway 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 Within 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 hghtwells or stallways to below-grade areas of the mam
bUilding and any accessory bUlldmgs However, In the area bounded by
Montana Avenue, the northern City limits, Twenty-Sixth Street and Ocean
Avenue, the side and rear yards may be utilized for IIghtwells or stairways to
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below-grade areas ofthe main bUlldmg and any accessory bUildIng provided
such excavated area IS setback a minimum of 10% of the lot width from the
property line,
(2) No more than three feet of excavation below grade for a driveway,
stairway, doorway, Ilghtwell, window or other such element to a subterranean
or semi-subterranean 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 nse of five feet from the front property line
to a pomt fifty feet towards the Interior of the site If It finds that topographic
conditions necessitate that such excavation be permitted However, in the
area bounded by Montana Avenue, the northern City limits, Twenty-Sixth
Street and Ocean Avenue, no excavation for a driveway, stallway, doorway,
light-well, wmdow or other such element to a subterranean or seml-
subterranean garage or basement shall be permitted In the front yard
setback area, and thiS prohibition shall not be modified by the Architectural
ReVIew Board
(q) Roof Decks. Roof decks shall be set back at least three feet from
the mmlmum 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
SECTION 4. Section 9040802.075 IS added to the Santa MOnica MUniCipal
Code to read as follows'
14
Section 9.04.08.02.075 Special project design and development
standards.
Notwithstanding SectIon 9 04 10 02.180, proJects In the area bounded
by Montana Avenue, the northern City limits, Twenty-SIxth Street and Ocean
Avenue, shall comply With the follOWing special project deSign and
development standards. These standards are intended to promote deSIgn
fleXibility, encourage the retention of eXisting structures that contribute to
neighborhood character and pedestrian scale, and result In homes that do
not Impact the light, air, open space, and privacy of adjacent structures
(a) For parcels With a maxlmu m ground floor parcel coverage of 35
percent, the maximum second floor parcel coverage, Including the second
floor of all accessory bUildings, shall not exceed 26 percent of the parcel
area. Second floor parcel coverage may be Increased up to a maxImum of
30 percent of the parcel area if the ground floor square footage is reduced
an equivalent amount Conversely, the ground floor coverage may be
Increased to a maximum of40 percent If an equivalent amount IS reduced on
the second floor
(b) In computing the fIrst floor parcel coverage for a parcel WIth
alley access, one-half the Width of a rear alley, which abuts the parcel, may
be counted as a portIon of the parcel area If alley access IS provided and
there are no curb cuts for the purpose of prOViding street access to on-site
parking.
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(c) The aggregate square footage of second floor balconies,
terraces or roof decks shall not exceed 400 square feet
(d) The area of any patio, balcony, roof deck or terrace open on
less than two sides shall count towards parcel coverage and shall count for
second floor parcel coverage If the floor line IS above 14 feet In height
(e) Any mdlvldual second floor balconies, terraces or roof decks
greater than 50 square feet and located In the rear 2/3 of the parcel shall be
set back 12 feet from any property line
(f) Garage doors faCing the public street must be set back a
minimum of 5 feet from the front setback Ime and may not exceed 16 feet In
width unless located In the rear 35 feet of the parcel
(g) A one-story garage attached to the primary structure With a
maximum height of 14 feet, Includmg parapets and railings, a maximum
length of 25 feet, and With garage doors perpendicular to the publiC street,
shall be allowed to project up to 6 feet Into the requIred front yard If no alley
access eXists, but may not extend closer than 20 feet to the front property
line
(h) Exterior stairs and required fire escapes shall not project Into
the reqUired front or side yard areas
(I) Porte cocheres not more than 20 feet long, not more than 14
feet In height Including railings or parapets, and open on three sides may
proJect Into required side and rear yardss
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(J) Balconies and porches open on at least two sides with a
maximum heIght of 14 feet Includmg parapets and rallmgs, that do not
exceed 50 percent of the front bUlldmg width measured at the front facade,
may project up to 6 feet mto the reqUired front yard Stairs less than 3 feet
above grade may project an additional 4 feet Into the required front yard
(k) The reqUirements of subsections (c), (f) and (J) of thiS Section
may be modified subject to the review and approval of the Architectural
Review Board pursuant to Section 9.04 0802 080(f)
SECTION 5 Santa MOnica Municipal Code Section 904.08.02080 IS hereby
amended to read as follows'
9.04.08.02.080 Architectural review.
No bUilding or structure In the RI District shall be subject to architectural
review pursuant to the provisions of Chapter 932 of thiS Code except.
(a) Properties Installing roof or bUlldlng~mounted parabolic antennae
(only With respect to the antennae and screening),
(b) Duplexes,
(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,
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(e) Any development In the area bounded by Montana Avenue, the
northern City limits, Twenty-Sixth Street and Ocean Avenue, with regard to the
following conditions only'
(1) Any development with an aggregate square footage of second floor
balcomes, terraces or roof decks which exceeds 400 square feet.
(2) Any structure With garage doors faCing the public street Within the
front one-half of the parcel which are not setback from the bUIlding facade a
minimum of five feet
(3) Any structure With balconies or porches open on at least two sides
With a maximum height of 14 feet Including parapets and railings, which
proJect Into the reqUired front yard and which exceed 50 percent of the front
bUilding Width measured at the front facade
(4) Any structure With Side yard setbacks that do not conform with
Section 9040802070(1) butwhlch has minimum setbacks foreach Side yard
equal to 10 percent of the parcel Width
(f) The Architectural ReView Board may approve the deSIgn
modificatIons set forth In 9040802 080(e) provided all the follOWing findings
of fact are made
(1) There are special circumstances or exceptional characteristics
applicable to the property Involved, Including Size, shape topography,
surroundings, or location of the eXisting Improvements or mature landscaping
on the site
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(2) The granting of the design modification will not be detrimental nor
InJurious to the property or Improvements In the general VICInity and district In
which the property IS located
(3) The granting of the design modification will not impair the Integrity
and character of thiS R 1 neighborhood, nor Impact the light, air, open space,
and privacy of adJacent properties
(4) In the case of additions to bUildings In the City'S HIstoric Resources
Inventory, the design modification IS compatible With the bUilding's historic
architectural character, does not result In the removal of historic bUilding
features, and the addition IS consistent With the Secretary of the Interior
Standards for Rehabilitation.
(5) The design modIficatIons also comply With the cnterla established
In Section 9 32 140
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 involved In the
application, not less than ten days In advance of Architectural Review Board
consideration of the matter, which notice and certification thereof shall be in
a form satIsfactory to the ZOning AdmInistrator
SECTION 6 Section 9 04.13 050 IS added to the Santa MOnica MUnicipal Code
to read as follows
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9.04.13.050 One story accessory buildings over fourteen feet in height
or two story accessory buildings.
The purpose of this Section IS to ensure that accessory bUildings
located on parcels In the area bounded by Montana Avenue, the northern
City limits, Twenty-Sixth Street and Ocean Avenue, do not adversely Impact
adJacent parcels or the surrounding neighborhood, and are developed In a
manner which protects the mtegrlty of the neighborhood Notwithstanding
Section 9 04 1002 110, the follOWing conditions and property development
standards shall apply to single story accessory bUildings over fourteen feet
In height or two story accessory bUildings
(a) The accessory bUilding shall conform to all property
development standards of the residential district In whIch the accessory
bUilding IS located, except that a one-story garage or the garage portion of
an accessory building may extend mto the rear yard and may extend to one
Interior Side property line on the rear thirty-five feet of a lot and the second
story shall have a mlnrmum separation of 20 feet from the second story of
the prinCipal bUilding
(b) The second story portion of an accessory bUlldmg which IS
directly above the garage may extend Into the reqUired rear yard but shall be
no closer than 15 feet from the centerline of the alley or 15 feet from the rear
property line where no alley eXists, and may not extend into any reqUired
Side yard
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(c) Roof decks, landings, upper level walkways and balcomes are
limited to 35 square feet In area and must be set back at least 25 feet from
the sIde property line closest to the structure, and at least 25 feet from the
rear property line, or If an alley eXists, 25 feet from the centerline of the alley
(d) Maximum Building Height The maximum building height shall
be two stones, twenty-four feet in height. However, no accessory building
shall be higher than the pnnclpal bUilding.
(e) SIde Yard Setbacks The accessory bUIldIng shall have the
same minimum side yard setback requirement as the prinCipal bUilding on
the parcel, but In no case less than five feet
(f) Architectural Compatibility The accessory bUilding shall be
architecturally compatible with the prrnclpal dwelling and the surrounding
neighborhood and shall Incorporate the same colors and materials as the
main dwelling
(9) Maximum Size of Second Floor No accessory building shall
have a second floor that exceeds 250 square feet In size.
(h) Kitchen The accessory bUildIng shall not contain a kitchen
unless speCIfically permitted as a second dwelling unit pursuant to Section
9 04.08 02 040(b)
(I) Full Bath The accessory bUilding may contain a Sink and
tOIlet, but shall not contain a shower or tub enclosure unless speCifically
permitted as a second dwelling Unit pursuant to Section 9 04 08 02.040(b)
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Where there IS swimming pool or spa located on the premises, a shower that
IS located outside may be permItted
(J) Renting No accessory bUilding shall be rented for any purpose
or otherwise used as a separate dwelling unrt unless specifically permitted
as a second dwelling unit pursuant to Section 9 04 08 02 040(b).
(k) Deed Restnctlon. Prior to Issuance of a bu ildlng permit for any
accessory bUilding, a deed restnctlon In the form approved by the City shall
be executed and recorded to ensure compliance With this Section
SECTION 7 Plan checks for Single family homes In the North of Montana
neighborhood submitted pnor to the effective date of this ordinance shall continue to be
subject to the developments standards established by Interim Ordinance Number 1925
(CCS) unless the applicant chooses to redesign the plans to conform to the standards
contained In thiS ordinance
SECTION 8 ThiS ordinance IS declared to be an urgency measure adopted
pursuant to the prOVIsion of Section 615 of the Santa MOnica City Charter As set forth
in the findings above, thiS ordinance IS necessary for preserving the public peace, health,
safety, and welfare As an urgency measure, thiS ordinance IS effective Immediately upon
adoption
SECTION 9 Any provIsion of the Santa Monica Munrclpal Code or appendices
thereto inconsistent With the proVISions of thiS OrdInance, to the extent of such
22
Inconsistencies and no further, IS hereby repealed or modified to that extent necessary to
effect the provisions of thiS Ordinance
SECTION 10 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 of thiS Ord Inance 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 11 The Mayor shall sign and the City Clerk shall attest to the passage
of thiS Ordinance The City Clerk shall cause the same to be published once In the official
newspaperwlthln 15 days after ItS adoption. ThiS Ordinance shall become effective upon
ItS adoption
APPROVED AS TO FORM
()/1 ~ A h _ I.
'{ JMLt~~ ~
MARSHA Jg.NES MOUTRI E
CIty Attorney
23
Adopted and approved thIS 10lh day of August, 1999 l
l~{JA/tflCL41--
I Pam O'Connor, Mayor
---
State of Cahfomla )
County of Los Angeles) ss
CIty of Santa MOnIca )
1. Mana M Stewart, CIty Clerk of the CIty of Santa MOnIca, do hereby certIfy that the
foregomg Ordmance No 1950 (CCS) had ItS mtroductlOn and adoption on August 10, 1999,
by the followmg vote'
Ayes
CouncIl members Holbrook. Rosenstem.
McKeown. Femstem. Mayor Pro Tern Genser,
Mayor 0 'Connor
Noes
CouncIl members None
Abstam
CouncIl members None
Absent
CouncIl members Bloom
~_U~~. I
MaTla M Stewart, CI~