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f: \atty\mu ni\laws \barry\land markstandards2d. doc
City Council Meeting 10-03-06
Santa Monica, California
ORDINANCE NUMBER 2206 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS
9.04.20.10.030, 9.04.10.02.450, 9.36.270, 9.32.170, AND 9.56.030 TO ALLOW FOR
MODIFICATION OF DEVELOPMENT STANDARDS AND IMPLEMENTATION OF
INCENTIVES FOR PROJECTS THAT INCLUDE THE RETENTION AND
PRESERVATION OF A DESIGNATED LANDMARK BUILDING OR CONTRIBUTING
STRUCTURE TO AN ADOPTED HISTORIC DISTRICT
WHEREAS, on May 12, 2005, the owner of the property at 954 5th Street
submitted a proposed text amendment application in conjunction with a vesting tentative
parcel map and use permit application to develop a project that includes the on-site
relocation of a residence that was designated a City Landmark in 2002 and the
construction of three new condominium units behind the residence on the rear of the
parcel; and
WHEREAS, the proposed text amendment would be applicable to projects that
involve the retention and preservation of a designated landmark or contributing structure
to an adopted historic district and would, in part, allow an applicant to request
modifications to development standards through a variance procedure which would be
subject to specified standards and parameters; and
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WHEREAS, review of this application would ensure that the proposed project,
with the requested modifications, is consistent with key development standards that
ensure retention of neighborhood compatibility such as maximum unit density,
maximum height, number of stories, provision of private open space, and provision of
unexcavated yard area; and
WHEREAS, the proposed text amendment would also ensure that projects are
undertaken consistent with the Secretary of the Interior's Standards for the Treatment of
Historic Properties so that the important historic character of the resource is retained;
and
WHEREAS, the proposed text amendment would eliminate some of the key
impediments to innovative designs that balance new development with preservation
goals; and
WHEREAS, the proposed variance process would also allow the Zoning
Administrator, or Planning Commission on appeal, to evaluate each project and
approve, deny, or modify the request as necessary to make the required findings of fact;
and
WHEREAS, the proposed text amendment would also exempt such projects from
the Construction Rate Program, clarify that the Landmarks Commission has sole
regulatory authority over design review of these projects and clarify that the retained
historic structure shall not be considered for purposes of assessing any of the
obligations that an applicant might have under the Affordable Housing Production
Program; and
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WHEREAS, the Planning Commission considered the proposed zoning text
amendment at a public hearing on June 21, 2006; and
WHEREAS, the Planning Commission recommended that the City Council
approve the request as modified by staff; and
WHEREAS, the proposed text amendment has also been reviewed and
supported by the Landmarks Commission in that it is consistent with the Commission's
articulated support for providing incentives for projects that involve the preservation of
historic resources; and
WHEREAS, the City Council held a public hearing on this proposed text
amendment on September 26, 2006; and
WHEREAS, the proposed amendment is consistent in principle with the goals,
objectives, policies, land uses and programs specified in the adopted General Plan,
specifically Land Use Element Policy 1.10.1 which encourages the development of new
housing in all residential neighborhoods, while still protecting the character and scale of
neighborhoods in that new residential units are proposed along with the retention of an
existing historic resource that contributes to the character of the surrounding
neighborhood; Land Use Element Policy 3.1.3 which encourages the retention of
historic and architecturally significant resources and provides that the design of new
buildings should respect the character of nearby historic resources in that the retention
and preservation of the historic resource is proposed and the new construction is
designed to be compatible with the historic resource on site while not duplicating its
design; Goals 3 and 5 of the Historic Preservation Element which calls for an increase
public awareness of the history of Santa Monica and historic preservation in the City
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and which encourages the promotion of preservation of historic and cultural resources
through incentives and technical assistance; Housing Element Policy 1.3 which
encourages the establishment and maintenance of development standards that support
housing development while protecting quality of life goals; Housing Element Policy 1.7
which encourages the maintenance of development standards that ensure that the
development of new housing in residential neighborhoods is designed to fit within the
existing neighborhood context; Housing Element Goal 4.0 which encourages the
rehabilitation and continued maintenance of existing housing; and Housing Element
Policy 4.3 which encourages the rehabilitation of existing housing to address the health
and safety needs of residents while respecting the character of the retained structure;
and
WHEREAS, the public health, safety, and general welfare require the adoption of
the proposed amendment in that the proposed text amendment serves as an important
catalyst to allow for both the construction of new housing and the on-site preservation
and retention of designated City landmarks and contributing structures to historic
districts that will enhance the surrounding neighborhoods and contribute to the City's
unique community identity and in that by allowing applicants to request certain
modifications to development standards for projects that retain designated historic
resources, some of the key impediments to creating innovative designs that balance
new development with preservation goals can be eliminated,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
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SECTION 1. Santa Monica Municipal Code Section 9.04.20.10.30 IS hereby
amended to read as follows:
Section 9.04.20.10.030. Applicability.
The Zoning Administrator may grant a variance from
the requirements of this Chapter to:
(a) Allow the modification of the minimum lot sizes
or minimum parcel dimensions;
(b) Allow the modification of the number and
dimensions of automobile parking spaces, loading spaces
and driveway requirements including those set by
performance standards, use permit special standards,
special conditions for conditional uses, regulations of the
various zoning districts, the off-street parking requirements
and the off-street loading requirements;
(c) Allow the modification of fence heights;
(d) Allow the modification of yard setbacks or parcel
coverage on:
(1) Parcels having a depth of ninety feet or less or a
width of thirty-nine feet or less,
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(2) Nonrectilinear parcels or rectangular parcels on
which parallel property lines differ in length a minimum of
five feet,
(3) Parcels with a twelve-and-one-half-foot grade
differential or more, as measured from either any point on
the front parcel line to any point on the rear parcel line, or
from any point on a side parcel line to any point on the
opposing side parcel line,
(4) Additions to the same floor of an existing
building which is nonconforming as to yard setbacks, where
such addition follows the line of the existing building but in
no case is closer than four feet to a property line,
(5) Parcels in the CM District on which relocated
structures that are identified on the Historical Resources
Survey as having a value of 1 through 5D or which are
determined to be historically significant by the Landmarks
Commission are located. A variance may apply only to the
relocated structure;
(e) For projects conforming to State density bonus
guidelines, allow encroachment into no more than fifteen
percent of one side yard setback, and into fifteen percent of
either the front or rear yard setback, and, except in those
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zones where an incfease in parcel coverage for State
density bonus projects is already permitted, allow an
increase in parcel coverage by no mOfe than ten percent of
parcel area. In no case shall a rear yard setback of less than
five feet be allowed;
(f) Allow buildings to exceed district height limits by
no more than five feet in one of the following situations:
(1) If a pafcel has a grade differential of twelve and
one-half feet or more, as measured from either any point on
the front parcel line to any point on the fear parcel line, or
from any point on a side parcel line to any point on the
opposing side parcel line,
(2) To allow an addition to an existing structure that
is legally nonconforming as to height provided the addition
does not exceed the height line of the existing building;
(g) Allow an addition to an existing building that is
legally nonconforming as to height provided all of the
following criteria are met:
(1) The addition does not exceed the height line of
the existing building,
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(2) The addition does not exceed two percent of the
total floor area of the building,
(3) The addition does not increase lot coverage or
the overall footprint of the building,
(4) The addition does not increase the density or
number of inhabitants or increase the intensity of use of the
building,
(5) The addition otherwise conforms to the
regulations of the district in which it is located,
(6) There is no feasible alternative method of
attaining the desired use,
(7) There is no substantial adverse impact to
adjacent buildings, existing streetscape, privacy, nor
significant increases to the mass and bulk of the building;
(h) Allow the replacement of an existing residential
building in an OP District that is legally nonconforming as to
height where the parcel has a grade differential of twelve
and one-half feet or more, as measured from either any point
on the front parcel line to any point on the rear parcel line, or
from any point on a side parcel line to any point on the
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opposing side parcel line provided the following criteria are
met:
(1) The replacement structure does not exceed the
height line of the existing building,
(2) The replacement structures does not increase
the density or square footage beyond the existing structure
or increase the intensity of use of the building,
(3) The replacement structure otherwise conforms
to the regulation of the district in which it is located,
(4) There is no substantial adverse impact to
adjacent buildings, existing streetscape, privacy, nor
significant increases to the mass and bulk of the building;
(i) Allow the modification of the required front yard
setback to allow, in the case of existing development, a
detached garage provided all of the following criteria are
met:
(1) The lot is less than one hundred feet in depth,
(2) The on-site use is a single family dwelling,
(3) No alley access is available to the site;
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U) Allow the modification of the side yard setback
for primary windows in the OP-2, OP-3 and OP-4 Districts
when the imposition of the required setback would severely
constrain development on the project, an alternative setback
would still satisfy private open space requirements and
maintain privacy for the occupants of the project;
(k) Allow an additional story which would otherwise
not be permitted for an existing residential structure provided
all of the following criteria are met:
(1) The existing structure has a finished first floor
level that is more than three feet above average natural
grade or theoretical grade,
(2) The street frontage and overall massing are
compatible with the existing scale and neighborhood context,
(3) The addition does not enlarge the first floor of
the existing residence such that a nonconforming condition
is expanded,
(4) The overall height of the structure with the
additional story does not exceed the height limit in feet of the
zoning district in which it is located unless authorized by a
variance granted pursuant to subsections (f)(1) or (f)(2) of
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this Section for a structure located in the R1, R2R, OP1 or
OP2 zoning districts, which variance may be granted
concurrently with a variance authorized pursuant to this
subsection (k),
(5) The addition otherwise conforms to the
regulations of the district in which it is located;
(I) Allow the modification, renovation, or
replacement of nonconforming building access features such
as stairs, ramps, doors, balconies, and windows, or features
that provide shelter and which are located at the exterior of
the buildings, such as awnings, canopies, or covered
walkways, provided:
(1) The modification, renovation or replacement is
no more intrusive than, and does not intensify or expand
such existing nonconforming features, and
(2) The modification, renovation or replacement
either improves access to the building or improves the
building's aesthetic appearance.
(m) Allow the modification of maximum building
height; maximum number of stories; required setbacks;
maximum parcel coverage and building envelope
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'"
requirements; permitted building height projections;
permitted projections in required yard areas; access to
private open space; and provision of unexcavated yard
areas contained in this Chapter for projects that include the
retention and preservation of a designated Landmark
building or Contributing Structure to an adopted Historic
District, provided that all of the following conditions are met
and all of the findings of fact contained in Section
9.04.20.10.050 are made:
(1) The proposed project conforms to the
Secretary of the Interior's Standards for the Treatment of
Historic Properties, as amended from time to time.
(2) The proposed project conforms to the
allowable land uses permitted in the applicable Zoning
District.
(3i) The proposed project does not exceed the
maximum unit density permitted in the applicable Zoning
District.
(4) The proposed project does not exceed the
height permitted in the Land Use Element of the General
Plan for the applicable Land Use Classification.
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(5) The proposed project does not exceed the
maximum height permitted in the applicable Zoning District
by more than ten (10) feet.
(6) The proposed project does not exceed the
maximum number of stories permitted in the Land Use
Element of the General Plan for the applicable Land Use
Classification and does not exceed the maximum number of
stories permitted in the applicable Zoning District by more
than one (1) story.
(7) Covered front porches and stairs of a
designated Landmark building or Contributing Structure to
an adopted Historic District may project a maximum of 12'-0"
into the required front yard setback area provided that the
building fac;ade complies with the front yard setback
requirement in the applicable Zoning District.
(8) The only requirement related to the provision of
private open space that can be modified is the requirement
that private open space be adjacent to and accessible from,
and at the same approximate elevation, as the primary
space of the dwelling unit.
(9) Requirements for the provision of unexcavated
area in yard areas may only be modified when the strict
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application of such requirements would not allow for the
preservation of the Landmark building or Contributing
Structure to an adopted Historic District.
SECTION 2.Santa Monica Municipal Code Section 9.04.10.02.450 is hereby
amended to read as follows:
Section 9.04.10.02.450. Construction rate
program.
(a) For projects involving the new construction or
substantial remodel of two or more dwelling units in all multi-
family residential districts in the City for which a development
application was deemed complete on or after March 7, 2000,
only one such construction project shall be allowed within a
five hundred foot radius of another construction project
subject to this Section. Except as provided in subsection (c)
of this Section, this restriction shall apply for fifteen months
after issuance of a building permit, after which time another
project may begin construction in the defined area. The
multi-family residential districts in the City are: R2R, R2, R3,
R4, RVC, RMH, OP-Duplex, OP2, OP3, OP4, NW-Overlay,
BR Boulevard Residential R3 Overlay, R2B, and R3R.
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(b) Building permits shall be provided on a first
come first served basis in accordance with the terms of this
Section. No application for a building permit shall be
accepted for filing or otherwise processed by the Building
and Safety Division unless the applicant provides
documentation on forms provided by the City that the project
has received all other City or State approvals or permits
necessary to commence the project, with the exception of
building and sewer allocation permits.
(c) During the plan-check process, the Building and
Safety Division shall determine the status of other building
permits for projects in the area. A building permit shall not be
issued when the Building Officer determines that a building
permit has been issued in the previous fifteen months for
any other project within a five hundred foot radius of the
subject property unless the owner of the previously permitted
project has formally relinquished the building permit for that
project or obtained a certificate of occupancy for the project.
(d) If the Building Officer determines that another
building permit has been issued less than fifteen months
prior to the date on which the building permit has received all
plan-check approvals and the exceptions specified in
subsections (c) and (e) do not apply, the Building Officer
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shall place the project on a waiting list in order of the date
and time of day that the permit application received all plan-
check approvals. The life of other City approvals or permits
necessary to commence the project shall be automatically
extended by the amount of time that a project remains on the
waiting list. The Building Officer shall approve the project in
accordance with the Uniform Technical Code in effect at the
time of the plan-check.
(e) The following projects shall be exempt from this
Section:
(1) Affordable housing projects in which one
hundred percent of the units will be deed-restricted for very
low, low, middle, and/or moderate income housing.
(2) Structures identified by the Building and Safety
Division as unreinforced masonry construction and subject to
City-mandated seismic upgrading.
(3) Projects to be developed on a site that is vacant.
(4) Projects to be developed on a site in which
either: (a) the structures on the site are uninhabitable, not as
a result of the owner's failure to maintain the structure, or
the property of which the structure is a part, in good repair,
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and the structures cannot be rendered habitable in an
economically feasible manner or (b) the current use of the
property is not otherwise economically viable. The City shall
prepare an exemption application form which delineates all
submission requirements. An owner shall not be required to
file a project application with the exemption application. City
staff shall make a final determination whether a project
meets the requirements of this subdivision within ninety days
after the owner's exemption application for the project is
deemed complete.
(5) Projects that include the retention and
preservation of a designated Landmark building or
Contributing Structure to an adopted Historic District.
(f) The Planning and Community Development
Department may develop administrative guidelines
implementing this Section.
SECTION 3.Santa Monica Municipal Code Section 9.36.270 is hereby amended
to read as follows:
Section 9.36.270. Preservation incentives.
(a) Architectural Review Exemption. Provided that a
Certificate of Appropriateness is obtained from the
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Landmarks Commission, the following projects shall be
exempt from review by the Architectural Review Board:
(1) All work to a designated Landmark building or
Contributing Structure to an adopted Historic District; and
(2) All additions to, modifications of, alterations of, or
new construction on a Landmark Parcel or parcel containing
a Contributing Structure to an adopted Historic District.
The Landmarks Commission may refer any of these
matters to the Architectural Review Board for comment.
(b) Building Permit and Planning Application Fees.
All building permit and planning fees for Administrative
Approval applications shall be waived for designated
Landmarks, or contributing structures located in a Historic
District.
(c) Certificates of Appropriateness/Administrative
Approval Fees. All certificate of appropriateness and
certificate of administrative approval fees for any alteration,
restoration or construction, in whole or in part, to a
designated Landmark or to a contributing structure located in
a Historic District shall be waived.
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(d) Any parking incentives permitted by the Zoning
Ordinance.
(e) Streetscape Improvements in Historic Districts.
Whenever streetscape improvements are proposed by the
City in areas that are designated Historic Districts, the City
shall consider the use of materials, landscaping, light
standards and signage that are compatible with the area's
historic and architectural character.
(f) State Historical Building Code. The California
State Historical Building Code (Title 24, Part 8, California
Administrative Code) shall be applied to alterations to
designated Structures of Merit, Landmarks, and contributing
structures located in Historic Districts.
(g) Historical Property Contracts. Designated
Structures of Merit, Landmarks and contributing structures
located in Historic Districts that are privately owned shall be
considered qualified historical properties eligible for historical
property contracts submitted or entered into, pursuant to the
provisions of Article 12, commencing with Section 50280,
Chapter 1, Part 1, Division 1, Title 5, of the California
Government Code upon resolution approval by the City
Council.
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(h) Plan Check Processing. Structures designated
as Landmarks or Contributing Buildings or Structures to a
Historic District shall receive priority Building Division plan
check processing.
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 for which a certificate of appropriateness is
obtained from the Landmarks Commission (or City Council
on appeal) pursuant to Chapter 9.36 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
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accessory structures, in all districts in the City are also
exempt from Architectural Review Board district boundaries.
SECTION 5.Santa Monica Municipal Code Section 9.56.030 is hereby amended
to read as follows:
Section 9.56.030. Applicability of chapter.
(a) The obligations established by this Chapter shall
apply to each multi-family project for which a development
application was determined complete on or after May 25,
2006 involving the construction of two or more market rate
units. No building permit shall be issued for any multi-family
project unless such construction has been approved in
accordance with the standards and procedures provided for
by this Chapter.
(b) Multi-family projects for which a development
application was determined completed prior to May 25, 2006
shall be subject to the provisions of Santa Monica Municipal
Code Section 9.56.010 et seq., as they existed on the date
the application for the project was determined complete.
(c) A designated Landmark building or Contributing
Structure to an adopted Historic District that is retained and
preserved on-site as part of a multi-family project shall not
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be considered or included in assessing any of the
requirements under this Chapter.
SECTION 6. 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 7. 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 8. 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:
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Approved and adopted this 3rd day of October, 2006.
.~er/-:-~__
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. 2206 (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, Katz, McKeown, O'Connor,
Mayor Holbrook
Noes:
Council members:
None
Abstain: Council members:
None
Absent: Council members:
Mayor Pro Tem Shriver
ATTEST:
~~~~$
Maria M. Stewart, City Clerk