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O2217 f: \atty\mu n i\laws\barry\affordablehousingexempt -12d. doc City Council Meeting 1-23-07 Santa Monica, California ORDINANCE NUMBER 2217 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING VARIOUS SECTIONS OF THE SANTA MONICA MUNICIPAL CODE TO EXEMPT CERTAIN AFFORDABLE RENTAL HOUSING PROJECTS FROM THE DEVELOPMENT REVIEW REQUIREMENT IN ALL MULTI-FAMILY DISTRICTS, AND CONDITIONAL USE PERMIT REQUIREMENTS IN THE CM, C5, AND M1 DISTRICTS WHEREAS, the City has a long history of encouraging and promoting affordable housing through extraordinary efforts manifest in various City laws, policies and programs; and WHEREAS, for instance, the City's voters have adopted initiative measures which strive to maintain and promote affordable housing in the City; the Rent Control Charter Amendment, adopted in 1979, has as its primary purpose the protection of affordable housing and has historically been the City's most important legislative tool for maintaining a supply of affordable housing; and, similarly, Proposition R, adopted by the voters in 1990. mandates that thirty percent of all new multi-family housing units constructed in the City each year be affordable; and 1 WHEREAS, the City's zOning laws and policies also include substantial incentives for the production of affordable housing, including height and density bonuses and reduced parking requirements; and WHEREAS, the City further provides several incentives in commercial areas that allow for a floor area discount of 50% of any floor area devoted to residential use; and WHEREAS affordable housing projects are given an exemption from private open space requirements and from the restriction on the number of stories in these districts; and WHEREAS, the City's Affordable Housing Production Program housing fees are discounted for residential development in commercial area; and WHEREAS, in residential zones, the recently adopted Strategic Zoning Ordinance, Ordinance No. 2207 (CCS) establishes affordable housing projects as preferred permitted projects; and WHEREAS, providing affordable housing opportunities conforms with State and Federal policies and is a principal goal of the City's 2000-2005 Housing Element Update and the 2005-2010 Consolidated Plan; and WHEREAS, the lack of affordable housing production has a direct impact upon the health, safety, and welfare of the residents; and WHEREAS, there is an extremely low vacancy rate for the existing affordable rental housing stock; and WHEREAS, market conditions, including the high cost and lack of residential land, construction costs, and the availability and cost of financing, make the development of affordable housing in the City extremely difficult; and 2 WHEREAS, the failure to provide adequate affordable housing for lower-wage workers can force these workers to live in less than adequate housing within the City, pay a significantly disproportionate share of their incomes to live in adequate housing within the City, or commute ever-increasing distances to their jobs from housing located outside the City; and WHEREAS, new affordable housing will benefit the City as a whole since such development augments the City's housing mix, helps to increase the supply of housing for all economic segments of the community, addresses the affordable housing need generated by the development, helps meet the voter mandate expressed in Proposition R and thereby supports a balanced community which is beneficial to the public health, safety and welfare of the City, WHEREAS, on November 1, 2006, the Planning Commission adopted a Resolution of Intention initiating the amendment process for this proposed text amendment; and WHEREAS, the Planning Commission considered the proposed text amendment at a public hearing on December 6,2006; and WHEREAS, the Planning Commission unanimously recommended that the City Council approve the proposed amendments; and WHEREAS, the City Council held a public hearing on this proposed text amendment on January 9, 2007; and WHEREAS, as detailed below, the proposed amendment is consistent in principle with the goals, objectives, policies, land uses, and programs specified in the adopted General Plan; and 3 WHEREAS, by authorizing affordable housing of not more than 50 units to be approved administratively, this resolution is consistent with Policy #1.6 of the Housing Element states articulates a desire to "Maintain and enhance the City's expedited and coordinated permit processing system;" and WHEREAS, Goal #2.0 of the Housing Element states the City should "Increase the supply of housing affordable to very low, low and moderate income persons;" and this proposed amendment seeks to encourage low-income housing by authorizing an administrative process for the approval of affordable housing projects of a certain size, and WHEREAS, this proposed amendment is also consistent with Policy #2.5 of the Housing Element which encourages low income housing and seeks to "Ensure the continued availability and affordability of income-restricted housing for very low, low, and moderate income households;" and WHEREAS, this proposed amendment is also consistent with Policy #2.6 of the Housing Element which provides that the City should "Support housing providers to promote the development of rental housing for very low, low, and moderate income households that utilize tax exempt bond financing;" Policy #2,7 of the Housing Element which provides that the City should "Encourage the distribution of housing for low and moderate income households throughout the City;" and Policy #1.10.1 of the Land Use and Circulation Element provides that City land use policy should "Encourage the development of new housing in all existing residential districts'; and 4 WHEREAS, the public health, safety, and general welfare require the adoption of the proposed amendment given the essential need for affordable housing in the City as articulated above, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1, Santa Monica Municipal Code Section 9.04,10.14.050 is hereby amended to read as follows: Section. 9.04.10.14.050. Exemptions from development review thresholds. (a) The following projects located in the RVC, BCD, C2, C4, C5, C6, CM, CP, M1, and LMSD districts shall be exempt from development review thresholds: (1) Projects that contain a minimum of eighty percent of floor area devoted to multi-family residential use provided that at least fifteen percent of the housing units are deed- restricted for households with incomes of eighty percent of median income or less or at least ten percent of the housing units are deed-restricted for households with incomes of sixty percent of median income or less. (2) Affordable housing projects in which one hundred percent of the housing units are deed-restricted for 5 households with incomes of eighty percent of median income or less. (3) Projects in the C2 and CM districts which are required by the City's zoning ordinance to devote more than twenty percent of floor area to pedestrian oriented uses shall also be exempt if these projects contain the maximum percentage of multi-family residential use authorized zoning ordinance and meet the affordable housing unit by the requirement of subsection (a) of this Section. (b) The following projects located in the R2, R3, R4, R2B, R3R, OP2, OP3, OP4, and OP-D districts shall be exempt from development review thresholds: Affordable rental housing projects of not more than 50 units. For purposes of this Section, an affordable rental housing project shall be defined as housing in which 100% of the dwelling units are deed-restricted or restricted by an agreement approved by the City for occupancy by households with incomes of eighty percent (80%) of median income or less. An affordable rental housing project may also include non-residential uses, as long as such uses constitute neighborhood-serving goods, services, or retail uses that do not exceed fifteen percent of the floor area of 6 the total project and these neighborhood-serving goods, services or retail uses are designated as permitted uses in the Zoning Ordinance in the district in which the parcel is located. SECTION 2. Santa Monica Municipal Code Section 9.04.08,28.040 is hereby amended to read as follows: Section 9.04.08.28.040, Conditionally permitted uses. The following uses may be permitted in the CM District subject to the approval of a conditional use permit: (a) Bars. (b) Billiard parlors. (c) Bowling alleys. (d) Business colleges. (e) Catering businesses. (f) Dance studios. (g) Exercise facilities. (h) Fast-food and take-out establishments. (i) Homeless shelters with fifty-five or more beds. 7 U) Medical, dental and optometrist facilities at the first floor or in excess of three thousand square feet. (k) Meeting rooms for charitable, youth and welfare organizations. (I) Museums. (m) Music conservatories and instruction facilities. (n) Open air farmers markets. (0) Places of worship. (p) Restaurants with fifty seats or more. (q) Existing restaurants that add a private dining facility pursuant to Section 9,04,08,28.070(m). (r) Retail stores with thirty percent or less of the total linear shelf display area devoted to alcoholic beverages, (s) Sign painting shops. (t) Theaters having more than seventy-five seats. (u) Trade schools. 8 (v) Wine shops devoted exclusively to sales of wine. There shall be no limit on the total linear shelf display area, (w) Except for affordable rental housing projects not more than 50 units, any otherwise permitted uses in the CM Main Street Commercial District which occupy more than seven thousand five hundred square feet of floor area. (x) Except for affordable rental housing projects not more than 50 units, any otherwise permitted uses in the CM Main Street Commercial District the ground floor Main Street frontage of which exceeds seventy-five linear feet. (y) All uses other than specifically prohibited uses, that are determined by the Zoning Administrator to be similar and consistent with those uses specifically permitted, subject to performance standards, or conditionally permitted. 9 SECTION 3. Santa Monica Municipal Code Section 9.04.08,24.020 IS hereby amended to read as follows: Section 9.04.08.24.020. Permitted uses. The following uses shall be permitted in the C5 District, if conducted within an enclosed building, except where otherwise permitted: (a) Affordable rental housing projects of not more than 50 units. (b) Artist studios. (c) Child day care centers. (d) Congregate housing. (e) Domestic violence shelters. (f) General offices. (g) Homeless shelters with less than fifty-five beds, (h) Laboratories and facilities for scientific research development and testings. (i) Light manufacturing. 10 (j) Medical, dental and optometrist clinics and laboratories. (k) Nonacute, inpatient health care facilities. (I) Places of worship. (m) Production of experimental products, and the manufacturing of such products as may be necessary to the development of production or operating systems where such systems are to be installed and operated at another location. (n) Public or private schools existing prior to adoption of this Chapter, (0) Public utility service centers and service yards, (p) Single-room occupancy housing. (q) Trailer courts or mobile home parks existing prior to adoption of this Chapter. (r) Transitional housing. (s) Accessory uses which are determined by the Zoning Administrator to be necessary and customarily associated with, and are appropriate, incidental, and subordinate to the principal permitted uses and which are 11 consistent and no more disruptive or disturbing than permitted uses. (t) Other uses determined by the Zoning Administrator to be similar to those listed below which are consistent and no more disruptive or disturbing than permitted uses. SECTION 4. Santa Monica Municipal Code Section 9,04.08,34,020 is hereby amended to read as follows: Section 9.04.08.34.020. Permitted uses. The following uses shall be permitted in the M1 District, if conducted within an enclosed building, except where otherwise permitted. (a) Administrative and executive offices which are accessory to a primary permitted use on the same site and which do not exceed twenty-five percent of the gross floor area of said primary permitted use. (b) Affordable rental housing projects of not more than 50 units. (c) Artist studios and art galleries. 12 (d) Automobile repair and automobile painting facilities except those abutting any residential district and use. (e) Congregate housing. (f) Domestic violence shelters. (g) Establishments engaged in the manufacturing, fabricating, assembly, testing, repair, servicing, and processing of the following: (1 ) Aircraft parts other than engines. (2) Apparel except leather and fur goods. (3) Audio products, (4) Awnings: metal, wood or canvas. (5) Bakery products, (6) Coated, plated and engraved metal. (7) Communication equipment. (8) Confectionery and related products. (9) Cut stone and stone products. (10) Diecut paper and paperboard, and cardboard. 13 (11) Electric components and accessories. (12) Electric lighting and wiring equipment. (13) Fabricated textile products. (14) Furniture and fixtures, (15) Glass products. (16) Jewelry, silverware, and plated ware. (17) Luggage, (18) Motor vehicles, parts, and accessories except when abutting residential uses. (19) Musical instruments and parts. (20) Office machines. (21) Paperboard containers and boxes. (22) Pens, pencils, and other office and artists' materials, (23) Perfumes, cosmetics, and other toilet preparations, (24) Pharmaceutical products. 14 (25) Photographic and optical goods, watches and clocks. (26) Plumbing fixtures and heating apparatus. (27) Pottery and related products. (28) Professional, scientific and controlling instruments, (29) Toys, amusements, sporting and athletic goods. (30) Wooden containers. (h) Establishments engaged in the wholesale distribution of the following: (1) Dry goods and apparel. (2) Electrical goods. (3) Groceries and related products, except unpackaged or unprocessed poultry and poultry products, fish and seafood, and fruit and vegetables, (4) Hardware, plumbing, heating equipment and supplies, (5) Machinery, equipment and supplies, except farm machinery and equipment. 15 (6) Motor vehicles and automotive equipment. (7) Paper, paper products and kindred supplies. (8) Pharmaceutical products, chemicals and allied products. (i) Homeless shelters with less than fifty-five beds. U) Public or private schools existing prior to adoption of this Chapter. (k) Public utility substations. (I) Single-room occupancy housing. (m) Transitional housing. (n) Design studios and offices for architects. (0) Accessory uses which are determined by the Zoning Administrator to be necessary and customarily associated with, and appropriate, incidental and subordinate to, the principal permitted uses and which are consistent and not more disturbing or disruptive than permitted uses, (p) Other uses determined by the Zoning Administrator to be similar to those listed above and which 16 are consistent and not more disturbing or disruptive than permitted uses. (q) Notwithstanding any of the above permitted uses, no use involving the manufacture, processing or treatment of products which by nature of the operation, are likely to be obnoxious or offensive by reason of emission of odor, dust, smoke, noxious gases, noise, vibration, glare, heat or other impacts or hazards by way of materials, process, product wastes or other methods shall be permitted unless mitigation measures are submitted and are acceptable to the Zoning Administrator, (r) Existing nonconforming office uses may expand by no more than one parcel with development review, SECTION 5. Santa Monica Municipal Code Section 9.04.08.06.060 IS hereby amended to read as follows: Section 9.04.08.06.060. Property development standards. All property in the R2, R3, and R4 Districts shall be developed in accordance with the standards set forth in Table 9.04-2, subsections (a) through (i) of this Section, and Section 9.04.08.06,070: 17 TABLE 9.04-2 PROPERTY DEVELOPMENT STANDARDS FOR THE R2, R3 AND R4 MUL TIPLE F AMIL Y RESIDENTIAL DISTRICTS ADDITIONAL R2 R3 R4 DEVELOPMENT REGULATIONS Minimum Parcel Dimensions: Area (square feet) 5,000 SF 5,000 SF 5,000 SF 9.04.08.06.060 (a) Width (feet) 50 50 50 Length (feet) 100 100 100 3 stories 2 stories 35 feet*; 4 stories 9.04.08,06.060 (b) Maximum Building Height 23 feet All others: 40 feet 9.04.08.06.060 (i) 2 stories 23 feet Maximum Parcel Coverage (MPC): 50%* 50% First Story All others: 50% 9.04,08.06,060 (c) 45% 85% of 151 Story Second Story 90% of 1st MPC* 80% of 1st 9,04.08,06.060 (i) Story MPC All others: Story MPC 90% of 151 Story MPC 60% of 1st Story 60% of 1st Third Story NA MPC* Story MPC 9.04.08.06.060 (i) All others: NA 50% of 1st Fourth Story NA NA Story MPC 9.04.08,06.060 (i) Coverage 20, or as 20, or as 20, or as established established established in the in the in the Minimum Front Yard Official Official Official Setback (feet) Districting Districting Districting Map, Map, Map, whichever whichever whichever is greater is greater is greater Minimum Rear Yard Setback 15 15 15 9.04.10,02.230 ( feet 18 Minimum Side Yard Setback 8 8 8 9.04.08,06.060 (d) (feet) 1/1,500 SF* 1/1,250 Maximum Unit Density All others: SF* 9.04.08.06.060 (e) (dwelling unit / area) The lesser All others: 1 /900 SF 9.04.08.06.060 (f) of 1 / 1500 SF 9.04.08.06.060 (i) 1 / 2000 SF or 4 total Private Open Space: Four or five units 100 SF / 100 SF / 100 SF / 9,04.08.06.060 (g) Unit Unit Unit Six or more units 50 SF / 50 SF / 50 SF / Unit 9.04.08.06.060 (g) Unit Unit Development Review Permit Threshold (based on project 15,000 SF 22,500 SF 25,000 SF 9.04.08.06,060 (h) floor area) * Preferred Permitted Projects as listed in Table 9.04-1 Additional regulations for the R2, R3, and R4 Districts referenced in the Additional Development Regulation column of Table 9.04-2: (a) Parcels in existence prior to September 8, 1988 shall not be subject to the minimum parcel dimension requirements, (b) The maximum building height may be exceeded in each district provided the maximum roof height does not exceed thirty feet in the R2 District, forty feet in the R3 District, or forty-five feet in the R4 District subject to the following criteria: 19 (1) In the R2 District, the building volume above twenty-three feet shall not exceed fifty percent of the parcel coverage of the story immediately below the twenty-three foot height elevation, multiplied by seven. For purposes of calculating a story's parcel coverage, area measurements shall extend to the outside surface of exterior walls. No portion of the building volume above twenty-three feet shall encroach into a plane starting at twenty-three feet above the front setback line and sloping upward at a forty-five-degree angle toward the rear of the lot. Parapets extending above twenty-three feet shall be included in the building volume calculation. To determine the volume occupied by a parapet structure, two sets of parallel lines to form a rectangle shall be used to enclose the area, multiplied by the height of the parapet. (2) In the R3 District, the building volume above thirty-five feet shall not exceed fifty percent of the parcel coverage of the story immediately below the thirty-five-foot height elevation, multiplied by five. For purposes of calculating a story's parcel coverage, area measurements shall extend to the outside surface of exterior walls, No portion of the building volume above thirty-five feet shall encroach into a plane starting at thirty-five feet above the 20 front setback line and sloping upward at a forty-five-degree angle toward the rear of the lot. Parapets extending above thirty-five feet shall be included in the building volume calculation. To determine the volume occupied by a parapet structure, two sets of parallel lines to form a rectangle shall be used to enclose the area, multiplied by the height of the parapet. (3) In the R4 District, the building volume above forty feet shall not exceed fifty percent of the parcel coverage of the story immediately below the forty foot height elevation, multiplied by five. For purposes of calculating a story's parcel coverage, area measurements shall extend to the outside surface of exterior walls. No portion of the building volume above forty feet shall encroach into a plane starting at forty feet above the front setback line and sloping upward at a forty-five-degree angle toward the rear of the lot. Parapets extending above forty feet shall be included in the building volume calculation. To determine the volume occupied by a parapet structure, two sets of parallel lines to form a rectangle shall be used to enclose the area, multiplied by the height of the parapet. (4) Affordable housing projects are not subject to subdivisions (1), (2), and (3) of this subdivision (b) and may 21 extend to thirty feet in the R2 District, forty feet in the R3 District, and forty-five feet in the R4 District and shall have no limitation to the number of stories. (c) The maximum parcel coverage shall not exceed fifty percent of the parcel area or the parcel area remaining after deducting required front, side and rear yard setbacks, whichever is less. (d) The side yard setback for parcels less than fifty feet in width shall be sixteen percent of the parcel width, or four feet, whichever is greater, (e) 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 8, 1988. (f) The density for affordable housing projects in which one hundred percent of the units are deed restricted for very low, low, or moderate income and located in an R2 or R3 District in the area bounded by the centerline of Ocean Avenue to the west, the centerline of 14th Court to the east, the centerline of Wilshire Boulevard to the south and the centerline of Montana Avenue to the north, but including those R2 and R3 zoned parcels on the north side of 22 Montana Avenue within the east and west boundaries, may be one dwelling unit for every twelve hundred fifty square feet in the R2 District, and one dwelling unit for every nine hundred square feet in the R3 District. (g) For purposes of the open space requirement, a residential dwelling unit shall mean any unit three hundred seventy-six square feet in area, or larger, Affordable housing projects may substitute one square foot of common open space for each square foot of required private open space. (h) Except for projects listed in Section 9.04.1 0.14.050(b), a Development Review permit shall be required for projects that equal or exceed the established square foot floor area threshold. See Part 9.04.20.14 of the Zoning Ordinance. (i) In the R4 District on Pico Boulevard between 11th Street and Euclid Street, the following development standards shall apply: 23 Maximum Height Maximum Parcel Maximum Unit Coverage Density Preferred 4 stories, 40 feet First Story: 50% 1 unit / 900 SF of Permitted parcel area Projects (as Second Story: 80% listed in Table of 1 st story MPC 9.04-1 ) Third Story: 60% of 1 st story MPC Fourth Story: 50% of 1 st story MPC Permitted 3 stories, 35 feet First Story: 50% 1 unit / 1,250 SF Projects of parcel area Second Story: 85% of 1 st story MPC Third Story: 60% of 1 st story MPC SECTION 6. Santa Monica Municipal Code Section 9.04,08.62.060 IS hereby amended to read as follows: Section 9.04.08.62.060. Property development standards. All property in the R2B Beach District shall be developed in accordance with the following standards: (a) Maximum Building Height. Maximum building height shall be forty feet, except that: 24 (i) No portion of the building may project beyond the site view envelope, The site view envelope is a theoretical plane beginning mid-point at the minimum required beach setback line and extending to a height of thirty feet, and then running parallel with the side parcel lines to a point located five feet in height above the top of the Palisades bluff immediately behind the pedestrian railing. (ii) No portion of the building above twenty-three feet for a flat roof, and thirty feet for a pitched roof may exceed thirty feet in width. Multiple projections above twenty- three feet for a flat roof and thirty feet for a pitched roof shall be separated by a minimum twenty-foot wide unobstructed view corridor. No projections, connections, or mechanical equipl1!ent may be placed in the view corridor. (b) Maximum Unit Density. For parcels four thousand square feet or more, the maximum unit density shall be one dwelling unit for each one thousand five hundred square feet of parcel area. For parcels less than four thousand square feet, no dwelling units shall be permitted, except that one dwelling unit may be permitted on any legal parcel which existed on September 8, 1988. No more than one dwelling unit shall be permitted on a parcel forty feet or less in width. 25 (c) Maximum Parcel Coverage, Fifty percent of the parcel area. (d) Front Yard Setback. The minimum required front yard setback shall be either twenty feet or shall comply with the minimum front yard setback for the district as set forth in the Official Districting Map, whichever area is greater. At least thirty percent of the building elevation above fourteen feet in height shall provide an additional five-foot average setback from the minimum required front yard setback. (e) Beach Rear Yard Setback. Fifteen feet for parcels one hundred feet or less in depth and fifty-five feet for parcels over one hundred feet in depth. (f) Side Yard Setback. The minimum required side yard setback shall be determined in accordance with the following formula, except that for lots of less than fifty feet in width, the minimum required side yard shall be ten percent of the parcel width, but in any event not less than four feet: 5' + (stories x lot width) 50' 26 At least twenty-five percent of the side elevation above fourteen feet in height shall provide an additional four- foot average setback from the minimum required side yard setback. (g) 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. (h) Development Review. Except for projects listed in Section 9,04.1 0.14.050(b), a development review permit shall be required for any development of fifteen thousand square feet or more in floor area. (i) View Corridor. A structure with seventy square feet or more of frontage parallel to Pacific Coast Highway shall provide an unobstructed view corridor between Pacific Coast Highway and the Ocean. The view corridor shall be a minimum of twenty feet in width and forty feet in height measured from the property line parallel to the Pacific Coast Highway. U) Parking. Notwithstanding Section 9.04,10.08,190, uncovered parking may be located in the 27 front half of the parcel and within the minimum required front yard setback, (k) Private Open Space. Any project containing four or more residential dwelling units shall provide the following minimum open space: one hundred square feet per unit for projects with four or five units, and fifty square feet per unit for projects of six units or more, For purposes of this requirement, "residential dwelling unit" shall mean any unit three hundred seventy-six square feet in area or larger. Affordable housing projects may substitute one square foot of common open space for each square foot of required private open space. SECTION 7. Santa Monica Municipal Code Section 9.04.08,64,060 is hereby amended to read as follows: Section 9.04.08.64.060. Property development standards. All property in the R3R District shall be developed in accordance with the following standards: (a) Maximum Building Height. Two 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 the building height does not exceed thirty feet. 28 (b) Maximum Floor Area Ratio. 1.0. (c) Maximum Unit Density. For parcels of four thousand square feet or more, one dwelling unit for each one thousand two hundred fifty square feet of parcel area shall be permitted for the following preferred permitted projects: 100% affordable housing projects; projects that include the retention and preservation of a historic structure and that comply with the Secretary of Interior's Standards for the Treatment of Historic Properties; multi-family apartment units where 25% of the units are 3-bedrooms or larger, 66% of the remaining units are 2 bedrooms or larger and the project is registered with the USGBC to receive a LEED rating of silver or higher level; child day care centers; community care facilities; homeless shelters; congregate housing; domestic violence shelters; hospice facilities; large family day care homes; residential care facilities; senior group housing; senior housing; single family dwellings; and transitional housing, For all other projects on parcels of four thousand square feet or more, one dwelling unit for each one thousand five hundred square feet of parcel area shall be permitted, For parcels less than four thousand square feet, no dwelling units shall be permitted, except that one dwelling unit may 29 be permitted if a single family dwelling existed on the parcel on September 8, 1988, (d) Maximum Parcel Coverage, Fifty percent of the parcel area. (e) 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. (f) Front Yard Setback. The minimum required front yard setback shall be either twenty feet, or shall comply with the minimum front yard setback for the district as set forth in the Official Districting Map, whichever area is greater. (g) Rear Yard Setback. Fifteen feet. (h) Side Yard Setback. The minimum required side yard setback shall be determined in accordance with the following formula, except that for lots of less than fifty feet in width, the minimum required side yard setback shall be ten percent of the parcel width, but in any event not less than four feet: 30 5' + (stories x lot width) 50' (i) Development Review, Except for projects listed in Section 9,04,1 0.14.050(b), a Development Review Permit shall be required for any development of twenty-two thousand five hundred square feet or more in floor area. U) Private Open Space. Any project containing four or more residential dwelling units shall provide the following minimum open space: one hundred square feet per unit for projects with four or five units, and fifty square feet per unit for projects of six units or more. For purposes of this requirement, "residential dwelling unit" shall mean any unit three hundred seventy-six square feet in area or larger. Affordable housing projects may substitute one square foot of common open space for each square foot of required private open space. (k) Upper-Level Stepback Requirements. (1) Additional Front Stepback Over Fourteen Feet in Height. For new structures or additions 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 31 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) Additional Side Stepback Over Fourteen Feet in Height. For new structures or additions to existing structures, any portion of the side building 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 satisfied by the provision of alternative stepbacks or other 32 features which reduce effective mass to a degree comparable to the relevant standard requirement. SECTION 8, Santa Monica Municipal Code Section 9.04.08.48,060 IS hereby amended to read as follows: Section 9.04.08.48.060. Property development standards. All property in the OP-Duplex District shall be developed in accordance with the following standards: (a) Maximum Building Height. Two stories, not to exceed twenty-three feet for a flat roof, or thirty 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 height required for a flat roof. There shall be no limitation on the number of stories of any Affordable Housing Project, as long as the building height does not exceed the maximum number of feet permitted in this Section, (b) Maximum Unit Density. Two units per lot. No more than one dwelling unit shall be permitted on a lot four thousand square feet or less in size, 33 (c) Maximum Lot Coverage. Fifty percent. (d) Minimum Lot Size. Five thousand square feet. Each lot shall contain a minimum depth of one hundred feet and a minimum width of fifty feet, except that lots existing on the effective date of this Chapter shall not be subject to this requirement. (e) Front Yard Setback. Thirty feet measured from the center line of the walkway, (f) Rear Yard Setback. Fifteen feet. (g) Side Yard Setback. (1) The side yard setback for that portion of a building with a secondary window, blank wall, or primary window on a side yard facing the street (i.e., on a corner lot) shall be determined in accordance with the following formula, subject to the exceptions set forth below: 5' + (stories x lot width) 50' (a) On lots of less than fifty feet in width, the side yard shall be ten percent of the parcel width but not less than four feet. 34 (b) On corner lots fifty feet or greater in width, the side yard setback facing a street shall be a minimum of ten feet. Covered or uncovered stairways or porches not exceeding thirty-five percent of the building frontage on the side street may encroach five feet into the required side yard. (2) The side yard setback for that portion of a building with a primary window shall be as follows: (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 primary 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 primary window shall not project more than two feet into the required side yard setback, (h) Building Spacing. Buildings that face each other on the same lot shall be separated by the following minimum distances: fifteen feet if one building has primary windows facing the other; twenty-five feet when the windows 35 of primary spaces in both buildings face each other on the ground or second level, except fifteen feet when they are visually separated by a solid wall or opaque fence over five feet six inches in height; ten feet when secondary windows face each other or when a secondary window faces a blank wall, (i) Landscaping, All areas not covered by buildings, driveways, and sidewalks are to be covered by appropriate landscaping, 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. U) Development Review, Except for projects listed in Section 9.04.10,14,050(b), a Development Review Permit is required for any development of more than fifteen thousand square feet of floor area. SECTION 9. Santa Monica Municipal Code Section 9,04,08.50.060 IS hereby amended to read as follows: Section 9.04.08.50.060. Property development standards. All property in the OP-2 District shall be developed in accordance with the following standards: 36 (a) Maximum Building Height. Two stories, not to exceed twenty-three feet for a flat roof, or thirty 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 height required for a flat roof. There shall be no limitation on the number of stories of any Affordable Housing Project, as long as the building height does not exceed the maximum number of feet permitted in this Section. However, on upsloping parcels where the change in elevation is ten feet or greater from the finished surface of the sidewalk adjacent to the property line to the building line at the required rear yard setback, maximum allowable height for structures shall conform to the following: (1) One story fourteen feet in height (including parapets and rails) for the first fifteen feet of horizontal distance on the parcel measured from the front parcel line. Maximum permitted height shall be measured vertically from the edge of the existing sidewalk closest to the front parcel line and then running horizontally along a line parallel to the theoretical grade of the parcel; (2) Two stories eighteen feet for a flat roof and twenty-three feet for a pitched roof (including parapets and 37 railings) for that portion of the structure located between 15,1 feet and thirty feet measured back from the front parcel line. Maximum permitted height shall be measured vertically from the edge of the existing sidewalk closest to the front parcel line and then running horizontally along a line parallel to the theoretical grade of the parcel to a distance of thirty feet from the front parcel line; (3) The maximum permitted height for structures beyond thirty feet from the front parcel line shall be two stories twenty-three feet for a flat roof or thirty feet for structures with a pitched roof. Maximum permitted height shall be measured vertically from the edge of the existing sidewalk closest to the front parcel line and then running horizontally along a line parallel to the theoretical grade of the parcel to the rear property line; (4) The finished grade shall be no more than three feet below or above the theoretical grade line at any point adjacent to a building if excavation occurs. An opening to a garage may remain unexcavated; (5) Any portion of a building more than three feet above the theoretical grade shall be counted as a story. The first story of a structure shall be determined as the portion of 38 the structure closest to the front property line that extends more than three feet above the theoretical grade; (6) No portion of any structure shall exceed the maximum allowable height or permitted number of stories, (b) Maximum Unit Density. One dwelling unit for each two thousand square feet of lot area. An additional unit shall be allowed if excess lot area equals or exceeds one thousand square feet, after calculating the allowed number of units at two thousand square feet of lot area per unit. The density on lots consolidated after the effective date of this Chapter with a total square footage greater than ten thousand square feet or exceeding a combined street frontage of one hundred feet shall be one dwelling unit for each twenty-five hundred square feet of combined lot area, except where one hundred percent of the proposed units are deed restricted for very low, low, middle, and/or moderate income housing, in which case the density shall be one unit for each two thousand square feet of lot area. No more than one dwelling unit shall be permitted on a lot four thousand square feet or less in size. 39 (c) Maximum Lot Coverage. Fifty percent. Sixty percent for development projects which comply with the density of bonus provisions of prior code Section 9047.3. (d) Minimum Lot Size. Five thousand square feet. Each lot shall contain a minimum depth of one hundred feet and a. minimum width of fifty feet, except that lots existing on the effective date of this Chapter shall not be subject to this requirement. (e) Front Yard Setback, Twenty feet or fifteen feet if the average setback of adjacent dwelling(s) is fifteen feet or less. A one-story, covered or uncovered porch, open on three sides may encroach six feet into a front yard with a twenty-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, Fifteen feet. (g) Side Yard Setback. (1) The side yard setback for that portion of a building with a secondary window, blank wall, or primary window on a side yard facing the street (i.e., on a corner lot) 40 shall be determined in accordance with tie following formula, subject to the exceptions set forth below: 5' + (stories x lot width) 50' (a) On lots of less than fifty feet in width, the side yard shall be ten percent of the parcel width but not less than four feet. (b) On corner lots fifty feet or greater in width, the side yard setback facing a street shall be a minimum of ten feet. Covered or uncovered stairways or porches not exceeding thirty-five percent of the building frontage on the side street may encroach five feet into the required side yard, (2) The side yard setback for that portion of a building with a primary window shall be as follows: (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 primary window and any adjacent structures; (b) For lots fifty feet or greater in width, a minimum setback of twelve feet shall be provided. 41 (3) The second floor side yard setback above a primary window shall not project more than two feet into the required side yard setback. (h) Building Spacing. Buildings that face each other on the same lot shall be separated by the following minimum distances: fifteen feet if one building has primary windows facing the other; twenty-five feet when the windows of primary spaces in both buildings face each other on the ground or second level, except fifteen feet when they are visually separated by a solid wall or opaque fence over five feet six inches in height; ten feet when secondary windows face each other or when a secondary window faces a blank wall. (i) Landscaping, All areas not covered by buildings, driveways, and sidewalks are to be covered by appropriate landscaping. All new construction that requires issuance of a building permit shall be subject to the provisions of Part 9.04.10.04 of this Chapter. U) Usable Private Open Space. All ground-level units shall have the following minimum amounts of usable private open space per unit: one hundred square feet for projects consisting of at least two but not more than seven 42 dwelling units, and fifty square feet for projects of eight units or more. Private open space shall include a deck, yard, patio or combination thereof, which is adjacent to, accessible from, and at the same or approximate elevation as one or more primary spaces, The minimum dimension of at least one such private open space shall be no less than seven feet in any dimension. Private open space shall be screened from common open space, driveways and adjacent properties by a substantially opaque wall or fence a minimum of three feet six inches and a maximum of six feet in height, except in the front yard setback area. Required private open space may be reduced by one square foot for each additional square foot of common open space added but in no case leaving less than fifty feet of required private space. All second floor units shall have a balcony or deck of fifty square feet or more, with a minimum dimension of no less than seven feet in any dimension, which is adjacent to, accessible from, and at the same or approximate elevation as one or more primary spaces of the unit to be served. Roof decks do not meet this requirement. The railing of the balcony or deck shall be substantially opaque to protect the privacy of occupants. 43 First floor private open space may project into the entire width of the side yard, and ten feet into the required depth of the rear yard, Private open space may project six feet into the required front yard as long as its width does not exceed thirty percent of the building width at the front of the building. (k) Usable Common Open Space, Projects of four or more units shall include a minimum of one hundred square feet per unit of usable common open space, accessible and available to all project residents for outdoor activities. Courtyards, entry areas for two or more units, lawns and play spaces which are physically separated from private open space, and active recreation spaces such as swimming pools and sports courts, shall count toward fulfillment of this requirement. The rear yard may count toward fulfillment of the common open space requirement, provided it is usable and accessible. Side yards and portions of driveways which are decorated or interspersed with lawn or other acceptable groundcover may meet a portion of the requirement, subject to architectural review, pursuant to Part 9.04.10. The minimum dimension of at least one area of common open space shall be ten feet in any direction. 44 Any practical combination of lawn, paving, d~cking, concrete or other serviceable dust free material shall be used to surface common open space areas, with a slope of not more than five percent. A minimum of thirty percent of the common open space area shall include lawn or other acceptable groundcover. Required open space may not include public or private streets, driveways, or utility easements where the ground surface cannot be used appropriately for open space or front yards. Required common open space may be reduced by one square foot for each additional square foot of private open space added beyond the required private open space, (I) Development Review. Except for projects listed in Section 9,04.1 0.14,050(b), a Development Review Permit is required for any development of more than fifteen thousand square feet of floor area. 45 SECTION 10. Santa Monica Municipal Code Section 9.04.08.52,060 is hereby amended to read as follows: Section 9.04.08.52.060. Property development standards. All property on the OP-3 District shall be developed in accordance with the following standards: (a) Maximum Building Height. Two stories, not to exceed twenty-three feet for a flat roof, or thirty 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 height required for a flat roof. There shall be no limitation on the number of stories of any Affordable Housing Project, as long as the building height does not exceed the maximum number of feet permitted in this Section. (b) Maximum Unit Density. One dwelling unit for each fifteen hundred square feet of lot area. An additional unit shall be allowed if excess lot area equals or exceeds seven hundred fifty square feet, after calculating the allowed 46 number of units at fifteen hundred square feet of lot area per unit. The density on lots 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 fifty feet shall be one dwelling unit for each two thousand square feet of combined lot area, except where one hundred percent of the proposed units are deed restricted for very low, low, middle, and/or moderate income housing, in which case the density shall be one unit for each fifteen hundred square feet of lot area. No more than one dwelling unit shall be permitted on a lot four thousand square feet or less in size. (c) Maximum Lot Coverage. Fifty percent. Sixty percent for development projects of six units or more which comply with the density bonus provisions of prior code Section 9047.3, (d) Minimum Lot Size, Five thousand square feet. Each lot shall contain a minimum depth of one hundred feet and a minimum width of fifty feet, except that lots existing on the effective date of this Chapter shall not be subject to this requirement. 47 (e) Front Yard Setback. Twenty feet or fifteen feet if the average setback of adjacent dwelling(s) is fifteen feet or less. A one-story, covered or uncovered porch open on three sides may encroach six feet into a front yard with a twenty-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. Fifteen feet. (g) Side Yard Setback. (1) The side yard setback for that portion of a building with a secondary window, blank wall, or primary window on a side yard facing the street (i.e., on a corner lot) shall be determined in accordance with the following formula, subject to the exceptions set forth below: 5' + (stories x lot width) 50' (a) On lots of less than fifty feet in width, the side yard shall be ten percent of the parcel width but not less than four feet. (b) On corner lots fifty feet or greater in width, the side yard setback facing a street shall be a minimum of ten 48 feet. Covered or uncovered stairways or porches not exceeding thirty-five percent of the building frontage on the side street may encroach five feet into the required side yard. (2) The side yard setback for that portion of a building with a primary window shall be as follows: (a) For lots less than fifty feet in width, a minimum setback of 8 feet shall be provided, as long as at all times a twelve-foot separation exists between the primary 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 primary window shall not project more than two feet into the required side yard setback. (h) Building Spacing. Buildings that face each other on the same lot shall be separated by the following minimum distances: fifteen feet if one building has primary windows facing the other; twenty-five feet when the windows of primary spaces in both buildings face each other on the ground or second level, except fifteen feet when they are 49 visually separated by a solid wall or opaque fence over five feet six inches in height; ten feet when secondary windows face each other or when a secondary window faces a blank wall. (i) Landscaping. All areas not covered by buildings, driveways, and sidewalks are to be covered by appropriate landscaping. All new construction that requires issuance of a building permit shall be subject to the provisions of Part 9,04.10.04 of this Chapter, U) Usable Private Open Space. All ground-level units shall have the following minimum amounts of usable private open space per unit: one hundred square feet for projects consisting of at least two but not more than seven dwelling units, and fifty square feet for projects of eight units or more, Private open space shall include a deck, yard, patio or combination thereof, which is adjacent to, accessible from, and at the same or approximate elevation as one or more primary spaces, The minimum dimension of at least one such private open space shall be no less than seven feet in any dimension, Private open space shall be screened from common open space, driveways and adjacent properties by a substantially opaque wall or fence a 50 minimum of three feet six inches and a maximum of six feet in height, except in the front yard setback area. Required private open space may be reduced by one square foot for each additional square foot of common open space added but in no case leaving less than fifty feet of required private space. All second floor units shall have a balcony or deck of fifty square feet or more, with a minimum dimension of no less than seven feet in any dimension, which is adjacent to, accessible from, and at the same or approximate elevation as one or more primary spaces of the unit to be served, Roof decks do not meet this requirement. The railing of the balcony or deck shall be substantially opaque to protect the privacy of occupants. First floor private open space may project into the entire width of the side yard, and ten feet into the required depth of the rear yard. Private open space may project six feet into the required front yard as long as its width does not exceed thirty percent of the building width at the front of the building. (k) Usable Common Open Space. Projects of four or more units shall include a minimum of one hundred 51 square feet per unit of usable common open space, accessible and available to all project residents for outdoor activities. Courtyards, entry areas for two or more units, lawns and play spaces which are physically separated from private open space, and active recreation spaces such as swimming pools and sports courts, shall count toward fulfillment of this requirement. The rear yard may count toward fulfillment of the common open space requirement, provided it is usable and accessible. Side yards and portions of driveways which are decorated or interspersed with lawn or other acceptable groundcover may meet a portion of the requirement, subject to architectural review, pursuant to Part 9,04,10. The minimum dimension of at least one such space shall be ten feet in any direction. Any practical combination of lawn, paving, decking, concrete or other serviceable dust-free material shall be used to surface common open space areas, with a slope of not more than five percent. A minimum of thirty percent of the common open space area shall include lawn or other acceptable groundcover, Required open space may not include public or private streets, driveways, or utility easements where the 52 ground surface cannot be used appropriately for open space or front yards. Required common open space may be reduced by one square foot for each additional square foot of private open space added beyond the required private open space. (I) Development Review. Except for projects listed in Section 9.04.10.14.050(b), a Development Review Permit is required for any development of more than fifteen thousand square feet of floor area. SECTION 11. Santa Monica Municipal Code Section 9.04.08.54.060 is hereby amended to read as follows: Section 9.04.08.54.060. Property development standards. All property on the OP-4 Ocean Park High Multiple Residential District shall be developed in accordance with the following standards: (a) Maximum Building Height. Three stories, not to exceed thirty-five feet as measured from theoretical grade. There shall be no limit on the number of stories of any affordable housing project, as long as the building height 53 does not exceed the maximum number of feet permitted in this Section. (b) Maximum Unit Density, One dwelling unit for each twelve hundred fifty square feet of lot area, An additional unit shall be allowed if excess lot area equals or exceeds six hundred twenty-five square feet, after calculating the allowed number of units at twelve-hundred fifty square feet of lot area per unit. (c) Maximum Lot Coverage. Fifty percent. Sixty percent for development projects which comply with the density bonus provisions of prior code Section 9047.3. (d) Minimum Lot Size. Five thousand square feet. Each lot shall contain a minimum depth of one hundred feet and a minimum width of fifty feet, except that lots existing on the effective date the ordinance codified in this Chapter shall not be subject to this requirement. (e) Front Yard Setback, Fifteen feet minimum, or ten feet minimum if the average setback of adjacent dwelling(s) is ten feet or less, An open 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 54 does not exceed forty percent of the building width at the front of the building. (f) Rear Yard Setback. Fifteen feet. (g) Side Yard Setback. (1) The side yard setback for that portion of a building with a secondary window, blank wall, or primary window on a side yard facing the street (i.e., on a corner lot) shall be determined in accordance with the following formula, subject to the exceptions set forth below: 5' + (stories x lot width) 50' (A) On lots of less than fifty feet in width, the side yard shall be ten percent of the parcel width but not less than four feet. (8) On corner lots fifty feet or greater in width, the side yard setback facing a street shall be a minimum of ten feet. Covered or uncovered stairways or porches not exceeding thirty-five percent of the building frontage on the side street may encroach five feet into the required side yard. 55 (2) The side yard setback for that portion of a building with a primary window shall be as follows: (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 primary 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 primary window shall not project more than two feet into the required side yard setback, (h) Building Spacing. Buildings that face each other on the same lot shall be separated by the following minimum distances: fifteen feet if one building has primary windows facing the other; twenty-five feet when the windows of primary spaces in both buildings face each other on the ground or second level, except fifteen feet when they are visually separated by a solid wall or opaque fence over five feet six inches in height; ten feet when secondary windows face each other or when a secondary window faces a blank wall. 56 (i) Landscaping. All areas not covered by buildings, driveways and sidewalks are to be covered by appropriate landscaping. All new construction that requires issuance of a building permit shall be subject to the provisions of Part 9.04.10,04 of this Chapter. U) Usable Private Open Space. All ground-level units shall have the following minimum amounts of usable private open space per unit: one hundred square feet for projects consisting of at least two but not more than seven dwelling units, and fifty square feet for projects of eight units or more. Private open space shall include a deck, yard, patio or combination thereof, which is adjacent to, accessible from, and at the same or approximate elevation as one or more primary spaces, The minimum dimension of at least one such private open space shall be no less than seven feet in any dimension. Private open space shall be screened from common open space, driveways and adjacent properties by a substantially opaque wall or fence a minimum of three feet six inches and a maximum of six feet in height, except in the front yard setback area. Required private open space may be reduced by one square foot for each additional square foot of common open space added but in no case leaving less than fifty feet of required private 57 space. All second floor units shall have a balcony or deck of fifty square feet or more, with a minimum dimension of no less than seven feet in any dimension, which is adjacent to, accessible from, and at the same or approximate elevation as one or more primary spaces of the unit to be served. Roof decks do not meet this requirement. The railing of the balcony or deck shall be substantially opaque to protect the privacy of occupants. First floor private open space may project into the entire width of the side yard, and ten feet into the required depth of the rear yard. Private open space may project six feet into the required front yard as long as its width does not exceed thirty percent of the building width at the front of the building, (k) Usable Common Open Space. Projects of four or more units shall include a minimum of one hundred square feet per unit of usable common open space, accessible and available to all project residents for outdoor activities. Courtyards, entry areas for two or more units, lawns and play spaces which are physically separated from private open space, and active recreation spaces such as swimming pools and sports courts, shall count toward fulfillment of this requirement. The rear yard may count toward fulfillment of the common open space requirement, 58 provided it is usable and accessible. Side yards and portions of driveways which are decorated or interspersed with lawn or other acceptable groundcover may meet a portion of the requirement, subject to architectural review, pursuant to Part 9.04.10. The minimum dimension of at least one such space shall be ten feet in any direction. Any practical combination of lawn, paving, decking, concrete or other serviceable dust free material shall be used to surface common open space areas, with a slope of not more than five percent. A minimum of thirty percent of the common open space area shall include lawn or other acceptable groundcover, Required open space may not include public or private streets, driveways or utility easements where the ground surface cannot be used appropriately for open space or front yards. Required common open space may be reduced by one square foot for each additional square foot of private open space added beyond the required private open space. (I) Development Review. Except for projects listed in Section 9.04,10.14.050(b), a development review 59 permit is required for any development of more than fifteen thousand square feet of floor area. 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 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 of this Ordinance, The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 14. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: 60 Approved and adopted this 23rd day of January, 2007. \K-~ Richard Bloom, Mayor State of California ) County of Los Angeles) ss. City of Santa Monica ) I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2217 (CCS) had its introduction on January 9,2007, and was adopted at the Santa Monica City Council meeting held on January 23, 2007, by the following vote: Ayes: Council members: Genser, Holbrook, McKeown, O'Connor, Shriver Mayor Bloom Noes: Council members: None Abstain: Council members: None Absent: Council members: Mayor Pro Tem Katz ATTEST: --- -~ Maria M. Stewa~