O2207
Rf:\atty\muni\laws\barry\strategiczoningord inance1 0-03-062dC.doc
City Council Meeting 10-3-06
Santa Monica, California
ORDINANCE NUMBER 2207 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING ARTICLE 9 OF THE SANTA MONICA MUNICIPAL
CODE TO MODIFY PROJECT DESIGN AND PROPERTY DEVELOPMENT
STANDARDS FOR SPECIFIED USES IN CERTAIN RESIDENTIAL, COMMERCIAL
AND INDUSTRIAL DISTRICTS IN THE CITY INCLUDING, BUT NOT LIMITED TO,
STANDARDS RELATED TO PERMITTED BUILDING HEIGHTS, EXCEPTIONS TO
THE HEIGHT LIMIT, UNIT DENSITY, PARCEL COVERAGE, FLOOR AREA AND
ARCHITECTURAL DESIGN REVIEW CRITERIA, AND MODIFYING THE
AFFORDABLE HOUSING PRODUCTION PROGRAM
WHEREAS, in July 2004, the City commenced preparation of a new Land Use
and Circulation Element of the General Plan and a comprehensive redrafting of the
City's Zoning Ordinance; and
WHEREAS, during the first phase of this project, staff implemented a broad
public outreach program to educate, inform and receive feedback from the City's
residents, business owners, and visitors; and
WHEREAS, as part of this outreach, staff conducted four community workshops;
met with over thirty-six community groups, City task forces, and boards and
commissions; undertook telephone and internet surveys; conducted a youth planning
program; and prepared an extensive transportation preference survey completed by
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over 850 people and a walking tour guidebook that was completed by over 900 people;
and
WHEREAS, much of the input received through this outreach is contained in the
Emerging Themes report which was presented to the City Council in April 2005; and
WHEREAS, staff also evaluated the City's current Land Use and Circulation
Elements with a particular focus on the City's success in meeting major land use,
circulation, and urban design proposals; and
WHEREAS, from the outset of this process, the community has responded to
these many outreach efforts on a range of issues including issues related to diversity,
growth, development activity, and town character.
WHEREAS, this process culminated in the identification of certain key themes
and goals that are critically important to the community, its quality of life and well-being;
and
WHEREAS, these themes and goals have been reviewed and further refined by
the cc;>mmunity through continued outreach by staff at events such as the Santa Monica
Festival in 2005 and 2006 and at public meetings by the City's decision-making bodies;
and
WHEREAS, these themes and goals reflect the analysis that was completed as
part of the Land Use and Circulation Element's Opportunities and Challenges report;
and
WHEREAS, these key themes include: a unique city with a strong sense of
community; a diverse and inclusive city; a safe and secure community; and an
environmentally sustainable city; and
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WHEREAS, key goals include maintaining an appropriate town-scale and
balanced growth while encouraging certain types of development; and
WHEREAS, these goals focus on the availability of affordable housing, retention
of neighborhood character, development that is well-designed and consistent with the
desired neighborhood scale, preservation of older buildings, adaptive reuse of historic
properties, promotion of rental housing development and a need to advance good
sustainable building practices; and
WHEREAS, since these key concepts have been repeatedly articulated during
this two year update process, it is appropriate to proceed now with their implementation;
and
WHEREAS, as reflected above, community input has demonstrated significant
interest in preserving the scale and character of existing neighborhoods and in reducing
development standards in some parts of the City to ensure that the height and scale of
new buildings is consistent with the existing context while promoting certain types of
development; and
WHEREAS, the City Council directed staff to prepare the necessary analysis to
implement the key themes that have emerged from the Land Use and Circulation
Element effort and determined that an incentives-based approach would be the best
approach to advance these key policies; and
WHEREAS, most of the City's existing zoning districts are already protected by
existing regulations that serve to maintain and enhance the scale and character of
neighborhoods, including but not limited to, the single family neighborhoods and the
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downtown commercial districts and no further regulation in these afeas is fequired at
this time; and
WHEREAS, for certain specified zoning districts, the proposed ordinance would
retain current maximum build out potential in each of the residential and commercial
districts fOf a discfete list of land uses. Other uses would be subject to feduced
development standards, including modifications to maximum unit density, parcel
coverage Of floOf area, and building height; and
WHEREAS, the preferred permitted projects would include projects that comply
with the Secretary of Interior's Standards for the Treatment of Historic Properties,
specified Green Building projects, 100% affordable housing projects, apartments,
community care facilities, and senior group housing.
WHEREAS, other proposed changes would include elimination of many rooftop
projections that contribute to overall building height and affect neighborhood
compatibility; and
WHEREAS, on August 16, 2006, the Planning Commission held a public hearing
to adopt a Resolution of Intention which stated the Commission's intention to
recommend modifications to the City's Zoning Ordinance to address the issues
specified above; and
WHEREAS, on September 6, 2006, the Planning Commission held a public
hearing on the proposed ordinance and recommended that the City Council approve the
proposed ordinance with certain specified modifications; and
WHEREAS, the City Council considered the proposed ordinance on September
12,2006; and
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WHEREAS, for the reasons detailed above, the proposed amendments are
consistent in principle with the goals, objectives, policies, land uses and programs
specified in the adopted General Plan, more specifically, Land Use Objective 1.1 which
states that the quality of life for all residents should be improved by protecting the
qualify of life in all residential neighborhoods and providing adequate housing for all
income levels; Land Use Objective 1.2 which establishes the goal of ensuring
compatibility of adjacent land uses, with particular concern for protection of residential
neighborhoods, Land Use Element 1.10.1 which is to "encourage the development of
new housing while still protecting the character and scale of the existing neighborhood,"
Housing Element Policy 1.3 which states establish and maintain development standards
that support development while protecting quality of life goals; and
WHEREAS, the public health, safety, and general welfare require the adoption of
the proposed amendment in that this ordinance would adjust building heights, parcel
coverage or floor area allowances, unit density and discretionary review criteria, as
appropriate, in a limited number of the City's zoning districts thereby implementing
consensus land use policies which have emerged from the Land Use and Circulation
Elements and Zoning Ordinance update process to reflect fundamental community
priorities and goals including encouragement of certain types of development, retention
of neighborhood scale and character, promotion of development that is well-designed
and consistent with desired neighborhood scale, retention of the community's social and
cultural diversity, preservation of older buildings and the advancement of sustainable
building practices; and
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WHEREAS, Government Code Section 65863 does not apply to this proposed
ordinance since the ordinance does not reduce the residential density for any land in the
City; and
WHEREAS, even if Government Code Section 65863 were to apply, the
proposed ordinance complies with its provisions since as articulated above, the
proposed ordinance is consistent with the City's adopted general plan, including its
Housing Element, and the remaining sites identified in the housing element are
adequate to accommodate the City's share of the regional housing needs; and
WHEREAS, during the RHNA Planning Period of January 1, 1998, through June
30, 2005, the City issued building permits for 2,920 units, 132% of its RHNA target of
2,208 units; and
WHEREAS, the City has issued building permits or planning approvals for
approximately 1,000 additional units; and
WHEREAS, the City has prepared an updated adequate sites analysis which
demonstrates that the City continues to have sites for more than 4,500 housing units,
with over half of these units located in the City's commercial districts which is more than
adequate to accommodate the City's future share of regional housing need,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 9.04.08.06.20 is hereby
amended to read as follows:
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Section 9.04.08.06.020. Allowed land uses.
Table 9.04-1 (Land Uses Allowed in Multiple Family
Residential Districts) identifies allowed land uses in the R2,
R3, and R4 zoning districts. Land uses designated with the
letter "P" are permitted in that district subject to standards
referenced under the Additional Land Use Regulations
column. Land uses designated with the letters "PSP" require
a Performance Standards Permit and are subject to further
standards set forth under the Additional Land Use
Regulations column. Land uses designated with the letters
"CUP" require a Conditional Use Permit and are subject to
further standards set forth under the Additional Land Use
Regulations column. Land uses designated with the letter "L"
are limited uses only authorized in accordance with the
standards set forth under the Additional Land Use
Regulations column. Land uses that have no letter
designation are not permitted in that particular district.
Rooftop parking is not permitted in any multiple family
residential district. Any land use not specifically authorized is
prohibited.
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TABLE 9.04-1
LAND USES ALLOWED IN MULTIPLE FAMILY RESIDENTIAL DISTRICTS
LAND USE R2 R3 R4 ADDITIONAL LAND
USE REGULATIONS
Bed and breakfast facilities CUP CUP CUP 9.04.20.12
Boarding houses CUP CUP CUP 9.04.20.12
Child day care centers * CUP CUP CUP 9.04.14.030
9.04.20.12
Clubs or lodges CUP 9.04.20.12
Community care facilities * CUP CUP CUP 9.04.20.12
Congregate housing * P P P
Domestic violence shelters * P P P
Homeless shelters * CUP CUP 9.04.20.12
Hospice facilities * P P P
Hotels, existing as of 1/1/95 L L 9.04.08.06.020 (a)
Hotels with incidental businesses CUP 9.04.20.12
Large family day care homes * PSP PSP PSP 9.04.12.030
9.04.20.08
Libraries CUP CUP 9.04.20.12
Multi-family dwelling units P P P 9.04.08.06.020 (b)
Multi-family apartments where
25% of the units are 3-bedrooms
or larger, 66% of the remaining
units are 2 bedrooms or larger, and P P P
the project is registered with the
USGBC to receive a LEED rating
of silver or higher level *
Municipal parking structures CUP 9.04.20.12
Neighborhood grocery stores CUP CUP CUP 9.04.14.080
9.04.20.12
Offices and meeting rooms for
charitable, youth and welfare CUP CUP CUP 9.04.20.12
organizations
One story accessory buildings over 9.04.08.06.020 (c)
14 feet in height or two story CUP CUP CUP 9.04.10.02.110
accessory buildings up to a 9.04.14.110
maximum height of 24 feet 9.04.20.12
One-story accessory buildings and P P P 9.04.08.06.020 (c)
structures up to 14 feet in height 9.04.10.02.100
9.04.08.06.020 (c)
One-story accessory living PSP PSP PSP 9.04.08.06.020 (d)
quarters 9.04.12.080
9.04.20.08
Places of worship CUP CUP CUP 9.04.20.12
Private tennis courts PSP PSP PSP 9.04.12.060
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9.04.20.08
Public parks and playgrounds P P P
Residential care facilities * CUP CUP CUP 9.04.20.12
Rest homes CUP CUP CUP 9.04.20.12
Schools CUP CUP CUP 9.04.20.12
Senior group housing * P P P
Senior housing * P P P
Single room occupancy housing P P P
Single-family dwellings * P P P 9.04.08.06.020 (e)
Small family day care homes P P P
Transitional housing * P P P
Underground parking structures CUP CUP CUP 9.04.08.06.020 (f)
9.04.20.12
Yard sales P P P 9.04.08.06.020 (g)
* Denotes Preferred Permitted Project per Table 9.04-2. Additional Preferred Permitted
Projects include 100% affordable housing projects and projects that include the
retention and preservation of a historic resource and comply with the Secretary of
Interior's Standards for the Treatment of Historic Properties. USGBC shall mean the
United States Green Building Council for certification under the Leadership Energy and
Environmental Design Green Building Rating System (LEED).
Additional Land Use Regulations for the R2, R3, and
R4 Districts referenced in Table 9.04-1:
(a) Hotels in existence as of January 1, 1995, or
their replacement with a new hotel at an existing hotel site in
conformance with the physical development standards in
effect at the time of such replacement and located in a R2 or
R3 zone in an 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, and including
those R2 and R3 parcels on the north side of Montana
Avenue within the east and west boundaries, provided:
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(1) There is no increase in the floor area of the
hotel after January 1, 1995;
(2) Any increase in the number of rooms is
accomplished through subdivision of rooms existing on
January 1, 1995 and does not exceed five percent of the
number of rooms existing on January 1, 1995, or five rooms,
whichever is less; and
(3) All other Zoning Ordinance requirements are
met, including parking requirements for any addition of
rooms after January 1, 1995.
(b) Residential condominiums are also subject to
the requirements set forth in subchapter 9.04.16
(Condominiums) and Chapter 9.20 (Subdivisions).
(c) Accessory buildings shall be architecturally
compatible with the principal structure(s).
(d) One-story accessory living quarters are limited
to fourteen feet in height. A minimum parcel area of ten
thousand square feet is required.
(e) Single-family homes, including manufactured
housing, must be placed on a permanent foundation.
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(f) Underground parking structures may be
conditionally permitted only if the subject parcel or parcels
were occupied by a surface parking lot at the time of
adoption of this Chapter, the parcel(s) is not adjacent to a
parcel in the C2 District, the ground level above the
underground parking structure is used for residential or
public park and open space uses, the structure is associated
with an adjacent commercially zoned parcel, and the vehicle
access to the underground parking is from the commercially
zoned parcel and as far from the residentially zoned parcel
as is reasonably possible.
(g) Yard sales are limited to two per calendar year,
for each dwelling unit, for a maximum of two days each.
SECTION 2.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 FAMILY 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 1 st
Story
Second Story 90% of 1st MPC* 80% of 1st 9.04.08.06.060 (i)
Story MPC All others: Story MPC
90% of 1 st
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
Minimum Side Yard Setback 8 8 8 9.04.08.06.060 (d)
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(feet)
1/1,500
SF* 1/1,250
All others: 9.04.08.06.060 (e)
Maximum Unit Density SF*
(dwelling unit / area) The lesser All others: 1 /900 SF 9.04.08.06.060 (t)
of 9.04.08.06.060 (i)
I / 2000 SF I / 1500 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) 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 M PC
9.04-1 )
Third Story: 60% of
1st story MPC
Fourth Story: 50% of
1 st story M PC
Permitted 3 stories, 35 feet First Story: 50% 1 unit / 1,250 SF
Projects of parcel area
Second Story: 85%
of 1st story MPC
Third Story: 60% of
1st story MPC
SECTION 3.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
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on the number of stories of any affordable housing project,
as long as the building height does not exceed thirty feet.
(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
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units shall be permitted, except that one dwelling unit may
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 Oistricting 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
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be ten percent of the parcel width, but in any event not less
than four feet:
5' + (stories x lot width)
50'
(i) Development Review. A Development Review
Permit shall be required for any development of twenty-two
thousand five hundred square feet or more in floor area.
0) 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
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maximum buildable front elevation shall be stepped back
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
step back 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
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features which reduce effective mass to a degree
comparable to the relevant standard requirement.
SECTION 4.Santa Monica Municipal Code Section 9.32.170 is hereby amended
to read as follows:
Section 9.32.170. Architectural review district
boundaries.
Pursuant to Section 9.32.110 of the Santa Monica
Municipal Code, an architectural review district is hereby
established. Said architectural review district shall be
composed of all commercial, industrial and residential areas
within the corporate boundaries of the City, with the
exception of those areas designated as R-1 Districts by
Article 9 of the Santa Monica Municipal Code, and those
structures designated as landmarks or contributing
structures within Historic Districts pursuant to Chapter 6 of
the Santa Monica Municipal Code. Non-contributing
structures located within Historic Districts shall be subject to
architectural review unless otherwise exempted by the
ordinance that establishes procedures for the alteration of
structures within the Historic District. Single-family
structures, including accessory structures, in all districts in
the City except for those structures located in the R2R
Medium Density Multiple Family Coastal Residential District
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are also exempt from Architectural Review Board district
boundaries.
SECTION 5.Santa Monica Municipal Code Section 9.04.08.34.060 is hereby
amended to read as follows:
Section 9.04.08.34.060. Property development
standards.
All property in the M 1 District shall be developed in
accordance with the following standards:
(a) Maximum Building Height. Two stories and
thirty feet. or with approval of a Development Review Permit
for 100% affordable artist studios only, three stories and
forty-five feet. For recreational facilities associated with
public or private primary or secondary schools, two stories
and forty-five. Within fifty feet of a residential district, no
portion of any structure shall exceed the maximum permitted
height of the adjoining residential district. There shall be no
limitation on the number of stories of any detached parking
structure so long as the height does not exceed the number
of feet permitted in this Section.
(b) Maximum Floor Area Ratio. 1.0 or 1.5 for
development of 100% affordable artist studios with approval
of a Development Review Permit.
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(c) Minimum Lot Size. Fifteen thousand square
feet. Each parcel shall contain a minimum depth of one
hundred fifty feet and a minimum width of one hundred feet,
except that parcels existing on the effective date of this
Chapter shall not be subject to this requirement.
(d) Front Yard Setback. Landscaping as required
pursuant to the provision of Part 9.04.10.04.
(e) Rear Yard Setback. None, except:
(1) Where the rear parcel line abuts a residential
district, a rear yard equal to:
5' + (stories x lot width)
50'
The required rear yard may be used for parking or
loading to within five feet of the rear parcel line provided the
parking or loading does not extend above the first floor level
and provided that a wall not less than five feet or more than
six feet in height is erected and maintained along the rear
commercial parcel line. Access driveways shall be permitted
to cross perpendicularly the required rear yard provided the
driveway does not exceed the minimum width permitted for
the parking area. A required rear yard shall not be used for
commercial purposes.
25
(2) That needed to accommodate landscaping and
screening for a rear yard buffer required pursuant to the
provisions of Part 9.04.10.04.
(f) Side Yard Setback. None, except:
(1) Where the interior side parcel line abuts a
residential district, an interior side yard equal to:
5' + (stories x lot width)
50'
The interior side yard may be used for parking or
loading no closer than five feet to the interior side property
line provided the parking or loading does not extend above
the first floor level and provided a wall not less than five feet
or more than six feet is erected and maintained along the
side commercial parcel line. A required interior side yard
shall not be used for access or for commercial purposes.
(2) That needed to accommodate landscaping
required for a street side yard, landscape buffer and
screening pursuant to the provisions of Part 9.04.10.04.
(3) A ten-foot setback from an interior property line
shall be required for portions of buildings that contain
windows, doors or other openings into the interior of the
26
building. An interior side yard less than ten feet shall be
permitted if provisions of the Uniform Building Code related
to fire-rated openings in side yards are satisfied.
(9) Development Review. Except for projects
listed in Section 9.04.10.14.050, a development review
permit is required for development of more than seven
thousand five hundred square feet of floor area and any
development with rooftop parking. Square footage devoted
to residential use shall be reduced by fifty percent calculating
whether a development review permit is required.
SECTION 6.Santa Monica Municipal Code Section 9.04.08.28.060 is hereby
amended to read as follows:
Section 9.04.08.28.060. Property development
standards.
For purposes of property development standards,
there shall be three zoning classifications within the CM
district: CM-2, CM-3 and CM-4. All property in the CM
District shall be developed in accordance with the following
standards:
(a) Maximum Building Height and FAR.
Maximum building height, number of stories and floor area
ratio shall be determined as follows:
27
(1) For parcels with frontage on Second Street,
and which abut residentially zoned property on at least one
side yard, for that area within one hundred feet of Second
Street maximum building height, number of stories, and floor
area ratio shall be:
Max. Max. No. Of Max. FAR if 30% of the Project is
Height Stories Max. FAR Residential
27' 2 .8 1.0
(2) For all other parcels in the CM District,
maximum building height, number of stories and floor area
ratio shall be:
Max. Max. No. Of Max.
Height Stories FAR
CM-2 27' 2 .8 or 1.5 for
preferred proiects*
CM-3 27', or 35' for 2, or 3 for 1.5, or 2.0 for
Preferred Preferred Preferred
Permitted Permitted Permitted projects*
projects* proiects*
CM-4 27', or 35' for 2, or 3 for 1.5, or 2.0 fOf
Preferred Preferred Preferred
Permitted Permitted Permitted projects*
projects* projects*
*Preferred Permitted Projects include: 100% affordable housing projects;
projects that include the retention and preservation of a historic structure
and comply with the Secretary of Interior's Standards for the Treatment of
Historic Structufes; child day cafe centers; congregate housing; domestic
violence shelters; homeless shelters with less than 55 beds; mixed use
28
commercial-residential projects where at least 90% of the floor area at the
second floor and above is dedicated toward residential uses, 25% of the
residential units are 3-bedroom or larger, 66% of the remaining residential
units are 2 bedrooms or larger, and the project is registered with the
USGBC to receive a LEED rating of silver or higher level; places of
worship; senior group housing; senior housing; and transitional housing.
(3) Notwithstanding the above, Preferred
Permitted projects on property in the CM-4 District may be
developed to a maximum height of forty-seven feet, four
stories and a 2.5 FAR, provided the following conditions are
met:
(i) The fourth floor does not exceed more than
fifty percent of the third floor footprint;
(ii) The fourth floor is set back a minimum of ten
feet from the third floor street frontage(s);
(iii) The fourth floor is set back a minimum of five
feet from the third floor side and rear yard building frontages;
(iv) The fourth floor setback at the street frontage
is devoted to a roof garden or unenclosed terrace;
(v) The development includes residential uses
equal to or exceeding the floor area of the fourth floor;
29
(vi) The front yard setback at the ground floor level
is double that required pursuant to subsection (b) of this
Section.
(4) There shall be no limitation on the number of
stories of any structure whose floor area contains fifty
percent or more residential uses as long as the height does
not exceed the maximum number of feet permitted in the
zoning classification of the CM District in which it is located,
or as allowed by Section 9.04.1 0.14.030(a) of this Chapter.
For purposes of calculating the FAR of any structure within
the CM District, multi-residential units devoted strictly to
apartment residential uses shall be computed at one-half the
actual total floor area.
(b) Front Yard Setback.
(1) For parcels with frontage on Second Street and
which abut residentially zoned property on at least one side
yard, on that portion of the parcel located within seventy-five
feet of Second Street, the front yard setback shall be 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
30
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.
(2) For all other parcels in the CM District, a front
yard shall be provided in accordance with Part 9.04.10.04 of
this Code.
(c) Rear Yard Setback. A rear yard shall be
provided and maintained. Such yard shall have a minimum
depth as follows:
(1) CM-2 District, East of the Centerline of Main
Street. No rear yard shall be required for one-story
structures and for the first floor of a two-story structure,
provided that any portion of the first floor which is within five
feet of the rear property line is not more than nine feet in
height and is fully enclosed, Le., without windows, doors or
ventilation openings permitting visual access to adjoining
residential property. Any portion of the first floor that either
exceeds nine feet in height or is not fully enclosed shall be at
least five feet from the rear property line. The minimum rear
yard requirement for the second-story portion of a two-story
structure shall be twenty feet.
31
(i) Use of Rear Yard. Commercial use in the
required rear yard is not permitted. Noncommercial uses and
parking are permitted in the rear yard to the rear property
line on the ground level.
(ii) Use of Roof in Rear Yard. No portion of the
first-floor roof within fifteen feet of the rear property line may
be used for any purpose other than access for building
maintenance and repair. The remaining setback area may
be privately used (not open to the public) if enclosed with a
solid six-foot barrier.
(iii) Exception. There shall be no rear yard
setbacks required where existing parking improvements and
common ownership extend through to Second Street.
(2) CM-2 District, West of the Centerline of
Main Street. No rear yard shall be required for a one-story
structure, provided that any portion of the first-floor structure
which is within five feet of the rear property line does not
exceed nine feet in height. Any portion of the first floor that
exceeds nine feet in height shall be at least five feet from the
rear property line. The minimum rear yard requirement for
the second story of a two-story structure shall be five feet.
32
(3) CM-3 District. Rear yard requirements in the
CM-3 District shall be the same as those required in the CM-
2 District, west of the centerline of Main Street, for one and
two story structures. A minimum fifteen-foot rear yard
setback for any portion of a third story is required.
(4) CM-4 District. No rear yard setback is required
except as may be required in subsection (a) of this Section.
(d) Side Yard Setback. None, except where the
interior side parcel line abuts a residential district. In those
cases, an interior side yard shall be provided equal to:
5' + (stories x lot width)
50'
On lots of less than fifty feet in width, the side yard
shall be ten percent of the parcel width but not less than five
feet.
(e) Development Review. Except for projects
listed in Section 9.04.10.14.050, a development review
permit is required for any development of more than seven
thousand five hundred square feet of floor area. Square
footage devoted to residential use shall be reduced by fifty
percent when calculating whether a development review
permit is required.
33
(f) For parcels in the CM-2 District: parcels shall not
be consolidated nor shall lots be tied if such consolidation or
lot tie results in a parcel that exceeds six thousand square
feet in size. Any parcel existing on the effective date of
Ordinance Number 2207 (CCS) shall not be subject to this
requirement.
SECTION 7.Santa Monica Municipal Code Section 9.04.08.16.060 is hereby
amended to read as follows:
Section 9.04.08.16.060. Property development
standards.
All property in the C2 District shall be developed in
accordance with the following standards:
(a) Front Yard Setback. Landscaping as required
pursuant to the provisions of Part 9.04.10.04. The building
must comply with build-to-line requirements pursuant to the
provisions contained in Section 9.04.10.02.050.
(b) Maximum Building Height. Two stories, not
to exceed thirty feet.
(c) Maximum Floor Area Ratio. The maximum
floor area ratio shall be determined as follows:
34
(1) C2 District on Montana Avenue, and for
permitted projects on Ocean Park Boulevard, 26th Street and
Pico Boulevard:
Parcel
Square
Footage
FAR if at Least
Thirty Percent of Project is Residential
FAR
0-7,500
7,501-
15,000
15,001-
22,500
22,501 and
up
0.60
0.40
0.75
0.75
0.35
0.65
0.25
0.55
(2) C2 District on Ocean Park Boulevard and 26th
Street, for Preferred Permitted projects only*
Parcel
Square
Footage FAR
0-7,500 0.75
7,501- 0.50
15,000
15,001- 0.45
22,500
22,501 and 0.40
up
FAR if at Least
Thirty Percent of Project is Residential, or if
at Least Eighty Percent of the Project is a
Grocery Store
0.75
0.75
0.65
0.55
(3) C2 District on Pico Boulevard, for Preferred
Permitted projects only*:
35
Parcel
Square
Footage FAR
0-7,500 1.00
7,501- 0.70
15,000
15,001- 0.60
22,500
22,501 and 0.50
up
FAR if at Least
Thirty Percent of Project is Residential, or if
at Least Eighty Percent of the Project is a
Grocery Store
1.00
1.00
0.85
0.75
*Preferred Permitted Projects include: 100% affordable
housing projects; projects that include the retention and
preservation of a historic structure and comply with the
Secretary of Interior's Standards for the Treatment of
Historic Structures; child day care centers; congregate
housing; domestic violence shelters; homeless shelters with
less than 55 beds; market rate apartment and condominium
buildings where 25% of the residential units are 3-bedroom
or larger, 66% of the remaining residential units are 2
bedrooms or larger, and the project is registered with the
USGBC to receive a LEED rating of silver or higher level;
mixed use commercial-residential projects where at least
90% of the floor area at the second floor and above is
dedicated toward residential uses, 25% of the residential
units are 3-bedroom or larger, 66% of the remaining
residential units are 2 bedrooms or larger, and the project is
registered with the USGBC to receive a LEED rating of silver
or higher level; places of worship; senior group housing;
senior housing; and transitional housing.
(d) Minimum Lot Size. Seven thousand five
hundred square feet. Each parcel shall have minimum
dimensions of fifty feet by one hundred fifty feet, except that
parcels existing on the effective date of this Chapter shall not
be subject to this requirement.
(e) Rear Yard Setback. None, except:
36
(1) Where rear parcel line abuts a residential
district, a rear yard equal to:
5' + (stories x lot width)
50'
The required rear yard may be used for parking or
loading to within five feet of the rear parcel line provided the
parking or loading does not extend above the first floor level
and provided that a wall not less than five feet or more than
six feet in height is erected and maintained along the rear
commercial parcel line.
Access driveways shall be permitted to cross
perpendicularly the required rear yard provided the driveway
does not exceed the minimum width permitted for the
pqrking area. A required rear yard shall not be used for
commercial purposes.
(2) That needed to accommodate landscaping and
screening for a rear yard buffer required pursuant to the
provisions of Part 9.04.10.04.
(f) Side Yard Setback. None, except:
37
(1) Where the interior side parcel line abuts a
residential district, an interior side yard equal to:
5' + (stories x lot width)
50'
The interior side yard may be used for parking or
loading to within five feet to the interior side property line
provided the parking or loading does not extend above the
first floor level and provided a wall not less than five feet or
more than six feet in height is erected and maintained along
the side commercial parcel line. A required interior side yard
shall not be used for access or for commercial purposes.
(2) That needed to accommodate landscaping
required for a street side yard, landscape buffer and
screening pursuant to the provisions of Part 9.04.10.04.
(3) A ten-foot setback from an interior property line
shall be required for portions of buildings that contain
windows, doors, or other openings into the interior of the
building. An interior side yard less than ten feet shall be
permitted if provisions of the Uniform Building Code related
to fire-rated openings in side yards are satisfied.
38
(g) Development Review. A development review
permit is required for any development of more than eleven
thousand square feet of floor area, except that within the C2
District on Montana Avenue, a development review permit
shall be required for any development of more than five
thousand square feet. Square footage devoted to residential
use shall be reduced by fifty percent when calculating
whether a development review permit is required.
SECTION a.Santa Monica Municipal Code Section 9.04.08.22.060 is hereby
amended to read as follows:
Section 9.04.08.22.060. Property Development
Standards.
There shall be no limitation on the number of stories
of any hotel, detached parking structure, or structure
containing at least one floor of residential use, so long as the
height does not exceed the maximum number of feet
permitted in this Section. All property in the C4 District shall
be developed in accordance with the following standards:
(a) Maximum Height and Floor Area Ratio.
(1) For parcels in the C4 District fronting on
Lincoln Boulevard south of the Santa Monica Freeway, Pico
Boulevard between Ocean Avenue and 4th Court, and Pico
39
Boulevard between 7th Street and 11 th Street, and for
permitted projects in areas defined in subdivisions (2), (3)
and (4) of this subsection (a), maximum height shall be two
stories, not to exceed thirty feet, and the floor area ratio shall
be determined as follows:
FAR if at Least Thirty Percent of Project is
Residential, or if at Least Eighty Percent of
Parcel Square Footage FAR the project is a Grocery Store
0-7,500 1.0 1.0
7,501-15,000 0.70 1.0
15,001-22,500 0.60 0.85
22,501 and up 0.50 0.75
(2) For Preferred Permitted project developments*
on parcels in the C4 District fronting on Broadway, Santa
Monica Boulevard, and 14th Street between Pico Boulevard
and the Santa Monica Freeway, the maximum height shall
be two stories, not to exceed thirty feet, and the floor area
ratio shall be determined as follows:
FAR if at Least Thirty Percent of Project is
Residential or Automobile Dealership with
CUP, or if at Least Eighty Percent of the
Parcel Square Footage FAR project is a Grocery Store
0-7,500 1.5 1.5
7,501-15,000 1.0 1.5
15,001-22,500 0.90 1.3
22,501 and up 0.80 1.15
(3) For Preferred Permitted project developments*
on parcels in the C4 District fronting on Lincoln Boulevard
40
north of the Santa Monica Freeway, the maximum height
shall be three stories, not to exceed forty-five feet, and the
floor area ratio shall be determined as follows:
FAR if at Least Thirty Percent of Project
is Residential, or if at Least Eighty
Parcel Square Footage FAR Percent of the project is a Grocery Store
0-7,500 1.5 1.5
7,501-15,000 1.0 1.5
15,001-22,500 0.90 1.3
22,501 and up 0.80 1.15
(4) For_Preferred Permitted project developments*
on parcels in the C4 District fronting on Pico Boulevard
between 21st Street and 31st Street, subject to Section
9.04.08.22.060(a)(5), the maximum height shall be two
stories, not to exceed thirty feet, and the floor area ratio shall
be determined as follows:
FAR if at Least Thirty
Percent of Project is
Residential, or if at Least FAR with CUP
Parcel Square Eighty Percent of the Pursuant to Section
Footage FAR project is a Grocery Store 9.04.08.22.060(a)(5)
0-7,500 1.5 1.5 2.0
7,501-15,000 1.0 1.5 2.0
15,001-22,500 0.90 1.3 2.0
22,501 and up 0.80 1.15 2.0
*Preferred Permitted Projects include: 100%
affordable housing projects; auto dealerships; projects that
include the retention and preservation of a historic structure
and comply with the Secretary of Interior's Standards for the
Treatment of Historic Structures; child day care centers;
congregate housing; domestic violence shelters; homeless
41
shelters with less than 55 beds; market rate apartment and
condominium buildings where 25% of the residential units
are 3-bedroom or larger, 66% of the remaining residential
units are 2 bedrooms or larger, and the project is registered
with the USGBC to receive a LEED rating of silver or higher
level; mixed use commercial-residential projects where at
least 90% of the floor area at the second floor and above is
dedicated toward residential uses, 25% of the residential
units are 3-bedroom or larger, 66% of the remaining
residential units are 2 bedrooms or larger, and the project is
registered with the USGBC to receive a LEED rating of silver
or higher level; places of worship; senior group housing;
senior housing; funeral parlors; and transitional housing.
(5) Subject to the approval of a conditional use
permit, a project on a City-owned parcel in the C4 District
fronting on Pico Boulevard between 21st Street and 31st
Street shall be permitted a FAR bonus and a height of three
stories, forty-five feet, if the project contains a full service
grocery store having at least five thousand square feet of
gross floor area.
(b) Minimum Lot Size. Seven thousand five
hundred square feet. Each parcel shall contain a minimum
depth of one hundred fifty feet and a minimum width of fifty
feet except that parcels existing on the effective date of this
Chapter shall not be subject to these requirements.
(c) Front Yard Setback. Landscaping as required
pursuant to the provisions of Part 9.04.10.04.
(d) Rear Yard Setback. None, except:
42
(1) Where rear parcel line abuts a residential
district, a rear yard equal to:
5' + (stories x lot width)
50'
The required rear yard may be used for parking or
loading to within five feet of the rear parcel line provided the
parking or loading does not extend above the first floor level
and provided that a wall not less than five feet or more than
six feet in height is erected and maintained along the rear
commercial parcel line. Access driveways shall be permitted
to perpendicularly cross the required rear yard provided the
driveway does not exceed the minimum width permitted for
the parking area. A required rear yard shall not be used for
commercial purposes.
(2) That needed to accommodate landscaping and
screening for a rear yard buffer required pursuant to the
provisions of Part 9.04.10.04.
(e) Side Yard Setback. None, except:
(1) Where the interior side parcel line abuts a
residential district, an interior side yard equal to:
43
5' + (stories x lot width)
50'
The interior side yard may be used for parking or
loading to within five feet to the interior side property line
provided the parking or loading does not extend above the
first floor level and provided a wall not less than five feet or
more than six feet in height is erected and maintained along
the side commercial parcel line. A required interior side yard
shall not be used for access or for commercial purposes.
(2) That needed to accommodate landscaping
required for a street side yard, landscape buffer and
screening pursuant to the provisions of Part 9.04.10.04.
(3) A ten-foot setback from an interior side property
line shall be required for portions of buildings that contain
windows, doors, or other openings into the interior of the
building. An interior side yard less than ten feet shall be
permitted if provisions of the Uniform Building Code related
to fire-rated openings in side yards are satisfied.
(f) Development Review. Except for projects listed
in Section 9.04.10.14.050, a development review permit is
required for any development of more than seven thousand
44
five hundred square feet of floor area and for any
development with rooftop parking. Square footage devoted
to residential use shall be reduced by fifty percent when
calculating whether a development review permit is required.
SECTION 9.Santa Monica Municipal Code Section 9.04.08.26.060 is hereby
amended to read as follows:
Section 9.04.08.26.060. Property development
standards.
All property in the C6 District shall be developed in
accordance with the following standards:
(a) Maximum Building Height. Three stories, not
to exceed forty-five feet for Preferred Permitted projects*; for
all others: two stories, not to exceed thirty feet. There shall
be no limitation on the number of stories of any hotel,
detached parking structure, or structure containing at least
one floor of residential use, so long as the height does not
exceed the maximum number of feet permitted in this
Section.
(b) Maximum Floor Area Ratio. The maximum
floor area ratio shall be determined as follows:
45
FAR for FAR for all FAR if at Least Thirty Percent of
Preferred other Project is Residential, or if at Least
Parcel Square Permitted permitted Eighty Percent of the project is a
F ootaQe proiects* projects: Grocery Store
0-7,500 2.0 1.5 2.0
7,501-15,000 1.4 1.0 2.0
15,001-22,500 1.2 0.90 1.75
22,501 and up 1.0 0.80 1.5
*Preferred Permitted Projects include: 100%
affordable housing projects; auto dealerships; projects that
include the retention and preservation of a historic structure
and comply with the Secretary of Interior's Standards for the
Treatment of Historic Structures; child day care centers;
congregate housing; domestic violence shelters; homeless
shelters with less than 55 beds; market rate apartment and
condominium buildings where 25% of the residential units
are 3-bedroom or larger, 66% of the remaining residential
units are 2 bedrooms or larger, and the project is registered
with the USGBC to receive a LEED rating of silver or higher
level; mixed use commercial-residential projects where at
least 90% of the floor area at the second floor and above is
dedicated toward residential uses, 25% of the residential
units are 3-bedroom or larger, 66% of the remaining
residential units are 2 bedrooms or larger, and the project is
registered with the USGBC to receive a LEED rating of silver
or higher level; places of worship; senior group housing;
senior housing; funeral parlors; and transitional housing.
(c) Minimum Lot Size. Seven thousand five
hundred square feet. Each parcel shall contain a minimum
depth of one hundred fifty feet and a minimum width of fifty
feet, except that parcels existing on the effective date of this
Chapter shall not be subject to this requirement.
(d) Front Yard Setback. Landscaping as required
pursuant to the provision of Part 9.04.10.04.
(e) Rear Yard Setback. None, except:
46
(1) Where rear parcel line abuts a residential
district, a rear yard equal to:
5' + (stories x lot width)
50'
The required rear yard may be used for parking or
loading to within five feet of the rear parcel line provided the
parking or loading does not extend above the first floor level
and provided that a wall not less than five feet or more than
six feet in height is erected and maintained along the rear
commercial parcel line. Access driveways shall be permitted
to cross perpendicularly the required rear yard provided the
driveway does not exceed the minimum width permitted for
the parking area. A required rear yard shall not be used for
commercial purposes.
(2) That needed to accommodate landscaping and
screening for a rear yard buffer required pursuant to the
provisions of Part 9.04.10.04.
(f) Side Yard Setback. None, except:
(1) Where the interior side parcel line abuts a
residential district, an interior side yard equal to:
47
5' + (stories x lot width)
50'
The interior side yard may be used for parking or
loading to within five feet to the interior side property line
provided the parking or loading does not extend above the
first floor level and provided a wall not less than five feet or
more than six feet is erected and maintained along the side
commercial parcel line. A required interior side yard shall not
be used for access or for commercial purposes.
(2) That needed to accommodate landscaping
required for a street side yard, landscape buffer and
screening pursuant to the provisions of Part 9.04.10.04.
(3) A ten-foot setback from an interior property line
shall be required for portions of buildings that contain
windows, doors, or other openings into the interior of the
building. An interior side yard less than ten feet shall be
permitted if provisions of the Uniform Building Code related
to fire-rated openings in side yards are satisfied.
(g) Development Review. Except for projects listed
in Section 9.04.10.14.050, a development review permit is
required for any development of more than seven thousand
48
five hundred square feet of floor area and any development
with rooftop parking. Square footage devoted to residential
use shall be reduced by fifty percent when calculating
whether a development review permit is required.
SECTION 10.Santa Monica Municipal Code Section 9.56.170 is hereby amended
to read as follows:
Section 9.56.170. Adjustments or waivers.
(a) A multi-family project applicant may request that
the requirements of this Chapter be adjusted or waived
based on a showing that applying the requirements of this
Chapter would effectuate an unconstitutional taking of
property or otherwise have an unconstitutional application to
the property.
(b) To receive an adjustment or waiver, the
applicant must submit an application to the Director of
Resource Management, or his/her designee, at the time the
applicant files a multi-family project application. The
applicant shall bear the burden of presenting substantial
evidence to support the request and set forth in detail the
factual and legal basis for the claim, including all supporting
technical documentation.
49
(c) In making a determination on an application to
adjust or waive the requirements of this Chapter, the Director
of Resource Management, or City Council on appeal, may
assume each of the following when applicable:
(1) The applicant is subject to the affordable
housing requirement of this Chapter;
(2) The applicant will benefit from the inclusionary
incentives set forth in this Chapter and the City's Municipal
Code;
(3) The applicant will be obligated to provide the
most economical affordable housing units feasible in terms
of construction, design, location and tenure.
(d) The Director of Resource Management shall
render a written decision within ninety days after a complete
application is filed. The Director's decision may be appealed
to the City Council if such appeal is filed within fourteen
consecutive calendar days from the date that the decision is
made in the manner provided in Part 9.04.20.24, Sections
9.04.20.24.010 through 9.04.20.24.040 of this Code.
(e) If the Director of Resource Management, or City
Council on appeal, upon legal advice provided by or at the
50
behest of the City Attomey, determines that applying the
requirements of this Chapter would effectuate an
unconstitutional taking of property or otherwise have an
unconstitutional application to the property, the affordable
housing requirements shall be adjusted or waived to reduce
the obligations under this Chapter to the extent necessary to
avoid an unconstitutional result. If an adjustment or waiver is
granted, any change in the use within the project shall
invalidate the adjustment or waiver. If the Director, or City
Council on appeal, determines that no violation of the United
States or California Constitutions would occur through
application of this Chapter, the requirements of this Chapter
remain fully applicable.
SECTION 11.This Ordinance shall not alter or modify Ordinance Number 2186
(CCS), an interim ordinance modifying zoning regulations pertaining to automobile
dealerships, associated automobile parking structures and automobile storage lots.
Ordinance Number 2186 (CCS) shall remain in full force and effect.
SECTION 12.This Ordinance shall apply to all development applications
determined complete after November 15, 2006, unless the application includes a
subdivision map which required the prior approval of the City Engineer. As to
development applications requiring prior City Engineer subdivision map approval, this
Ordinance shall apply to such applications determined complete after January 8, 2007.
51
SECTION 13. 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 14. 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 secti'on, 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 15. 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:
52
Approved and adopted this 3rd day of October, 2006.
4JT~
Robert T. Holbrook, 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. 2207 (CCS) had its introduction on September 26, 2006, and
was adopted at the Santa Monica City Council meeting held on October 3, 2006, by the
following vote:
Ayes:
Council members:
Bloom, Genser, McKeown, O'Connor,
Noes:
Council members:
Katz
Abstain: Council members:
Mayor Holbrook
Absent: Council members:
Mayor Pro T em Shriver
ATTEST: