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
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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
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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
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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
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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
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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
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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.
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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.
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(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.
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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.
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(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
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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.
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(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.
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(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.
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(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.
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(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
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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:
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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
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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:
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(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
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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
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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
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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:
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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:
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(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.
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(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'
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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
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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.
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(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:
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Maria M. Stewa~