SR-6B (2)
68
CA:f:atty\muni\strpts\mjro\facfee.2d
Clty Council Meeting 2-28-95 Santa Monica, Callfornia
FES 2 8 1995
TO: Mayor and City Councl1
FROM: city Attorney
SUBJECT: Ordinance Amending Santa Monica Municipal Code
Section 6.70.040 To Modify the Due Dates for
the Reports and Tax Remittances Required by the
parking Facility Tax Law
INTRODUCTION
At its meeting on February 14, 1995, the City Council lntroduced
for flrst reading an ordinance amending Santa Monica Munlcipal Code
Section 6.70.040 to modify the due dates for the reports and tax
rem1.ttances required by the Parking Facility Tax La\o1 . The
ordlnance is now presented to the City Council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying ordinance be
adopted.
PREPARED BY: Marsha Jones Moutrie, city Attorney
Claudia Thompson, Legal Admin. Staff Asst.
Mike Dennis, Director of Finance
68
1
FEB 2 8 1995
...
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CA:f:\atty\muni\laws\mjm\facfee
City Councll Meeting 2-28-95 Santa Monica, Callfornia
ORDINANCE NUMBER 1789
(City Council Ser1es)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA
MUNICIPAL CODE SECTION 6.70.040 TO MODIFY THE
DUE DATES FOR THE REPORTS AND TAX REMITTANCES
REQUIRED BY THE PARKING FACILITY TAXES LAW
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Municipal Code section 6.70.040 is amended to read
as follows:
6.70.040. Reports and tax remittance.
(a) The person or operator collectlng or
obligated to collect any parking facility tax
pursuant to this Chapter shall prepare a
report upon a form prescribed by the Director
of Finance. The report shall lnclude the
amount of parking fees collected and the
amount of the tax collected pursuant to thlS
Chapter. Additlonally, the report shall
lnclude such informat1on as is requ1red by the
Director of Finance to carry out the purposes
of this Chapter.
1
JO
t
(b) The person or operator collecting or
obligated to collect any parking facility tax
shall remlt to the City the parking facility
tax together with the report prepared pursuant
to Subsectlon (a) .
(c) The reports and tax remlttances of
parking facility taxes shall be delinquent if
not paid on or before the twenty-fifth day
following the end of each reporting quarter as
specified herein, and shall cover the
reporting quarter just ended. For purposes of
this Chapter, the reportlng quarters are as
follows: December 1st through February
28th/29th, March 1st through May 31st, June
1st through August 31st, September 1st through
November 30th.
SECTION 2. Any provision of the Santa Monica Municipal code
or appendices thereto inconslstent with the provisl.ons of thlS
Ordinance, to the extent of such lnconsistencles and no further, is
hereby repealed or modified to that extent necessary to effect the
provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or
phra~cl of thlS Ordinance is for any reason held to be lnvalid o:r
unconstitutional by a decision of any court of competent
2
,
,
jurlsdlctlon, such decision shall not affect the val1dity of the
remaining portions of this Ordinance. The City Councl1 hereby
declares that it would have passed this Ordinance and each and
every section, subsectlon, sentence, clause, or phrase not declared
lnvalid or unconstitutional wlthout regard to whether any portion
of the ordinance would be subsequently declared invalld or
unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall
attest to the passage of thls Ordinance. The city Clerk shall
cause the same to be published once in the official newspaper
wlth:tn 15 days after lts adoptlon. This Ordinance shall become
effective 30 days from its adopt1on.
APPROVED AS TO FORM:
r~~hL~
MARSHA JONES MOUTRIE
City Attorney
3
.
,
~ ~4 .c::>
Mayor
State of Cahforrua )
County of Los Angeles ) 55
CIty of Santa Maruca )
I, Beth Sanchez, ASSIstant CIty Clerk of the CIty of Santa Moruca. do hereby cemfy that the
foregomg OrdInance No 1789 (CCS) had Its fIrst readmg on February 14, 1995 and had ItS
second readmg on February 28, 1995 and was passed by the followmg vote
Ayes Councllmembers Genser, Greenberg, Holbrook. Rosenstem. Abdo.
O'Connor
Noes Councllmembers None
Abstam Councllmembers ~one
Absent Counclhnembers: Ebner
ATTEST
(~
,- ./ f/
City Clerk
RECOMMENDATIONS
It is recommended that the City Councll adopt the attached salary
resolution establlshing the new salary rate for the classlficatlon
of Maintenance Crew Leader, retroactlve to July 1, 1994.
Prepared By: Karen L. Bancroft
Attachments: Salary Resolutlon
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CA:f:\atty\muni\laws\mhs\stepb
City council Meet~ng 3-21-95 Santa Monica, Cal~forn~a
ORDINANCE NUMBER 1791 (CCS)
(city Counc~l Ser~es)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING THE ZONING ORDINANCE
TO ESTABLISH UPPER-LEVEL STEPBACK REQUIREMENTS IN THE
R2, R3, R4, AND R3R ZONING DISTRICTS,
AND AMENDING UPPER-LEVEL STEPBACK REQUIREMENTS IN THE
BR R3 OVERLAY DISTRICT
IvHEREAS, the Plann~ng Comm~ss~on adopted a Resolut~on of
Intent~on to amend the zoning ordinance to establish stepback
requ~rements in the R2, R3, R4, and R3R zoning d~str~cts, and to
mod~fy stepback requ~rements ~n the BR R3 Overlay d~str~ct; and
WHEREAS, the Plann~ng Comm~ssion held a publ~c hear~ng on the
proposed amendment on September 22, 1994 and made recommendat~ons
to the c~ty Counc~l follow~ng the hear~ng; and
WHEREAS, the City Counc~l held a public hearing on the
proposed amendment; and
WHEREAS, the c~ty Council f~nds and declares that the
proposed amendment ~s cons~stent in pr~nc~ple w~th the goals,
object~ves, policies, land uses, and programs specified in the
adopted General Plan, ~n that the amendment would enhance the
quality of l~fe for residents and neighbors of new bu~ld~ngs ~n
1
f
the affected zoning distrlcts by prov1d1ng greater light and air,
and enhanc1ng aesthet1cs by promotlng greater bU1ld1ng
artlculatlon; and
WHEREAS, the public health, safety, and general welfare
requ1re the adoption of the proposed amendment, 1n that the
proposed standards would enhance the provislon of 11ght and air for
residents of new buildings, and would also promote aesthetic
1nterest by requ1r1ng greater buildlng articulat1on;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
SECTION l. section 9.04.08.06.060 of the Santa Monica
Munic1pal Code 1S amended to read as follows:
9.04.08.06.060 property development
standards.
All property in the R2 D1strlct shall be
developed 1n accordance wlth the follow1ng
standards:
(a) Maximum Bui1ding Height. Two
storles, not to exceed 30 feet, except that
there shall be no limitation on the number of
storles of any Affordable Hous1ng ProJect, as
long as the bUlldlng he1ght does not exceed 30
feet.
2
,
(b) Maximum unit Density. One (1)
dwelllng unlt for each 1,500 square feet of
parcel area. No more than one (1) dwelling
unlt shall be permitted on a parcel of less
than 4,000 square feet if a slngle famlly
dwelling existed on the parcel on September 8,
1988.
(c) Maximum Parcel Coverage. Fifty
Percent (50%) of the parcel area.
(d) Minimum Parcel Size. 5,000 square
feet. Each parcel shall contaln a nunlmum
depth of 100 feet and a mlnimum vlldth of 50
feet, except that parcels existlng on
september 8, 1988 shall not be subject to thls
requirement.
(e) Front Yard Setback. The mlnlmum
requlred front yard setback shall be elther
twenty (20) feet, or shall comply with the
minlmum requlred front yard setback as set
forth In the Offlcial Dlstrlctlng Map for the
distrlct, whlchever area is greater.
(f) Rear Yard Setback. Fifteen (15) feet.
(g) side Yard Setback. The mlnimum
requlred slde yard setback shall be determlned
in accordance with the following formula,
3
.
except that for lots of less than 50 feet in
wJ.dth, the minJ.mum requJ.red side yard setback
shall be ten percent (10%) of the parcel
width, but in any event not less than four (4 )
feet:
5' + (storJ.es x lot wJ.dth)
50'
(h) Development Review. A Development
Review PermJ.t shall be required for any
development of 15,000 square feet or more J.n
floor area.
(i) Private open Space. Any project
containJ.ng four (4) or more residential
dwellJ.ng unJ.ts shall provide the followJ.ng
minimum prJ.vate open space: 100 square feet
per unJ.t for projects IHth four (4) or fJ.ve
(5) unJ.ts, and 50 square feet per unJ.t for
proJects of six (6) unJ.ts or more. For
purposes of this requirement, resJ.dential
dwelling unJ.t shall mean any unit 376 square
feet J.n area or larger. Affordable Housing
ProJects may substitute one (I) square foot of
common open space for each square foot of
requJ.red prJ.vate open space.
4
.
(j) Upper-Level stepback Requirements.
(1) Additlonal front step back over
fourteen (14) feet in helght. For new
structures or additlons to eXl.sting
structures, any portion of the front bUllding
elevatlon above fourteen (14) feet exceedl.ng
75 percent of the maXl.mum buildable front
elevatlon shall be stepped back from the front
setback llne an addltlonal average amount
equal to four percent (4%) of parcel depth,
but l.n no case resultl.ng l.n a requlrement
stepback greater than ten (10) feet. As used
in thlS Sectlon, "maxlmum buildable elevation"
shall mean the maXlmum potentlal length of the
elevatlon permitted under these regulations,
which includes parcel width or length (as
applicable) , minus required minimum setbacks.
(2) Addltlonal slde stepback over
fourteen (14) feet In helght. For new
structures or additions to eXl.stlng
structures, any portion of the slde bUllding
elevation above fourteen (14) feet exceedlng
50 percent of the maximum buildable slde
elevatlon shall be stepped back from the slde
setback llne an addltl.Onal average amount
equal to SlX percent (6%) of parcel width, but
5
.
~n no case resulting ~n a required stepback
greater than ten (10) feet.
(3) The upper-level stepback
requ~rements may be mod~fied subject to the
rev~ew and approval of the Architectural
Rev~ew Board if the Board finds that the
modification w~ll not be detrimental to the
property, adjoining properties, or the general
area ~n which the property is located, and the
obJect~ves of the stepback requirements are
satisfied by the prov~sion of alternative
stepbacks or other features which reduce
effect~ve mass to a degree comparable to the
relevant standard requirement.
SECTION 2. Section 9.04.08.08.060 of the Santa Monica
Mun~c~pal Code is amended to read as follows:
9.04.08.08.060 Property development
standards.
All property in the R3 District shall be
developed ~n accordance w~th the following
standards:
(a) Maximum Building Height. Three (3 )
stories, not to exceed 40 feet, except that
there shall be no limitation on the number of
stor~es of any Affordable Housing ProJect, as
6
,
long as the buildlng height does not exceed 40
feet.
(b) Maximum Unit Density. One (1)
dwelling unit for each 1,250 square feet of
parcel area. No more than one (1) dwelllng
unlt shall be permltted on a parcel of less
than 4,000 square feet if a slngle famlly
dwelling existed on the parcel on September 8,
1988.
(c) Maximum Parcel Coverage. Fifty
Percent (50%) of the parcel area.
(d) Minimum Parcel Size. 5,000 square
feet. Each parcel shall contain a mlnimum
depth of 100 feet and a mlnimum wldth of 50
feet, except that parcels eXlsting on
september 8, 1988 shall not be subJect to thls
requlrement.
(e) Front Yard Setback. The mlnlmum
requlred front yard setback shall be elther 20
feet, or shall comply wlth the minimum
requlred front yard setback for the distrlct
as set forth in the Official Distrlcting Map,
whlchever area is greater.
(f) Rear Yard Setback. Flfteen (15) feet.
(g) side Yard Setback. The minlmum
required slde yard setback shall be determined
7
,
In accordance ,nth the following formula,
except that for parcels of less than 50 feet
in wldth, the minimum required slde yard
setback shall be Ten Percent (10%) of the
parcel lot width, but In any event not less
than four (4) feet:
5' + (stories x lot width)
50'
(h) Development Review. A Development
Revie,.,r Permlt shall be requlred for any
development of 22,500 square feet or more in
floor area.
(i) private Open space. Any project
contalning four (4) or more residentlal
dwelling units shall provide the following
mlnlmum private open space: 100 square feet
per unit for proJects with four (4) or five
(5) units, and 50 square feet per unlt for
projects of six (6) units or more. For
purposes of this requlrement, residentlal
dwelling unit shall mean any unlt 376 square
feet In area or larger. Affordable Houslng
ProJects may substitute one (1) square foot of
common open space for each square foot of
required prlvate open space.
8
(J) upper-Level Stepback Requirements.
(1) Addltlonal front stepback over
fourteen (14) feet in helght. For new
structures or additlons to existing
structures, any portion of the front bUlldlng
elevation between fourteen (14) feet and
thlrty (30) feet exceeding 75 percent of the
maXlmum buildable front elevation shall be
stepped back from the front setback llne an
addltlonal average amount equal to four
percent (4%) of parcel depth, but in no case
resultlng In a requlrement stepback greater
than ten (10) feet. As used in this Section,
"maXlmurn bUlldable elevatlon" shall mean the
maXlmum potentlal length of the elevation
permltted under these regulatlons, whlch
includes parcel width or length (as
appllcable) , minus requlred minlmum setbacks.
(2) Additlonal front step back over
30 feet in height. For new structures or
additlons to existing structures, any portlon
of the front bUlldlng elevatlon above 30 feet
exceedlng 75 percent of the maximum bUlldable
front elevatlon shall be stepped back from the
front setback llne an additional average
amount equal to SlX percent (6%) of parcel
9
depth, but ln no case resulting ln a required
stepback greater than thlrteen (13) feet.
(3 ) Additlonal side stepback over
fourteen (14) feet 1n height. For new
structures or additlons to eXlstlng
structures, any portion of the side building
elevation between fourteen (14) feet and
thirty (30) feet exceeding 50 percent of the
maXlmum buildable side elevation shall be
stepped back from the slde setback line an
additlonal average amount equal to six percent
(6%) of parcel wldth, but in no case resulting
ln a required stepback greater than ten (10)
feet.
(4) Additional slde stepback over 30
feet in helght. For new structures or
addltions to existing structures, any portion
of the slde building elevatlon above 30 feet
exceeding 50 percent of the maximum buildable
side elevation shall be stepped. back from the
side setback line an additional average amount
equal to ten (10) percent of parcel width, but
in no case resulting in a required stepback
greater than thirteen feet.
(5) The upper-level stepback
requlrements may be modified subject to the
10
revl.ew and approval of the Architectural
Revl.ew Board if the Board finds that the
modl.fl.cation will not be detrimental to the
property, ad)ol.nl.ng properties, or the general
area in whl.ch the property l.S located, and the
objectl.ves of the stepback requirements are
satl.sfl.ed by the provision of alternative
stepbacks or other features which reduce
effectl.ve mass to a degree comparable to the
relevant standard requl.rement.
SECTION 3. Santa Monl.ca Munl.cl.pal Code section 9.04.08.10.060
l.S amended to read as follows:
9.04.08.10.060 property development
standards.
All property in the R4 District shall be
developed l.n accordance wl.th the followl.ng
standards:
(a) Maximum Building Height. Four (4)
stories, not to exceed 45 feet. There shall be
no limitatl.on on the number of storl.es of any
hotel, parking structure, or Affordable
Housing ProJect, so long as the height does
not exceed 45 feet.
(b) Maximum Unit Density. One (1)
dwelll.ng unl.t for each 900 square feet of
11
parcel area. No more than one (1) dwelling
unit shall be permitted on a parcel of less
than 4,000 square feet if a single family
dwelling existed on the parcel on September 8,
1988.
(c) Maximum Parcel coverage. Fifty
Percent (50%) of the parcel area.
(d) Minimum Parcel Size. 5,000 square
feet. Each parcel shall contain a minimum
depth of 100 feet and a min~mum width of 50
feet, except that parcels exist~ng on
September 8, 1988 are not subject to this
requ~rement.
(e) Front Yard Setback. The minunum
requ~red front yard setback shall be either
twenty (20) feet, or shall comply w~th the
m~n~mum requ~red front yard setback for the
d~strict as set forth in the Official
D~stricting Map, whichever area is greater.
(f) Rear Yard Setback. Fifteen (15) feet.
(g) Side Yard Setback. The minimum
requ~red side yard setback shall be determined
in accordance with the following formula,
except that for lots of less than 50 feet in
width, the minimum required side yard setback
shall be Ten Percent (10%) of the parcel
12
width, but In any event not less than four (4)
feet:
5' + (stories x lot width)
50'
(h) Development Review. A Development
Review Permit shall be required for any
development of 25,000 square feet or more In
floor area.
(i) Private open space. Any project
contalnlng four (4) or more resldential
dwelllng units shall provide the following
minimum prlvate open space: 100 square feet
per unit for projects with four (4) or five
(5) unlts, and 50 square feet per unit for
projects of SlX (6) unlts or more. For
purposes of thls requirement, residential
dwelllng unlt shall mean any unl t 376 square
feet In area or larger. Affordable Houslng
ProJects may Substltute one (1) square foot of
common open space for each square foot of
requlred private open space.
(J) upper-Level stepback Requirements.
(1) Addltional front stepback over
fourteen (14) feet In height. For new
structures or additions to existing
structures, any portion of the front building
13
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elevation between fourteen (14) feet and
thirty (30) feet exceed~ng 75 percent of the
maximum buildable front elevation shall be
stepped back from the front setback l~ne an
additional average amount equal to four
percent (4%) of parcel depth, but in no case
result~ng in a requirement stepback greater
than ten (10) feet. As used in this Section,
"max~mum bu~ldable elevation" shall mean the
maximum potent~al length of the elevation
permitted under these regulations, which
includes parcel width or length (as
applicable) , m~nus required min~mum setbacks.
(2) Additional front stepback over
30 feet in height. For new structures or
add~t~ons to existing structures, any port~on
of the front building elevation above 30 feet
exceeding 75 percent of the maximum bu~ldable
front elevat~on shall be stepped back from the
front setback line an additional average
amount equal to s~x percent (6%) of parcel
depth, but ~n no case resulting in a required
step back greater than thirteen (13) feet.
(3) Addit~onal s~de stepback over
fourteen (14) feet in height. For new
structures or additions to existing
14
structures, any portion of the side bu~lding
elevation between fourteen (14) feet and
thJ.rty (30) feet exceeding 50 percent of the
maximum buildable side elevation shall be
stepped back from the side setback l~ne an
additional average amount equal to six percent
(6%) of parcel w~dth, but in no case result~ng
~n a requ~red stepback greater than ten (10)
feet.
(4) Addit~onal s~de stepback over 30
feet in height. For new structures or
add~t~ons to exist~ng structures, any portion
of the side build~ng elevat~on above 30 feet
exceeding 50 percent of the max~mum bu~ldable
s~de elevation shall be stepped back from the
s~de setback line an additional average amount
equal to ten (10) percent of parcel width, but
~n no case result~ng in a required step back
greater than thirteen feet.
(5) The upper-level stepback
requ~rements may be modified subject to the
rev~ew and approval of the Architectural
Rev~ew Board if the Board f~nds that the
modif~cation will not be detrJ.mental to the
property, adjoining propert~es, or the general
area in wh~ch the property is located, and the
15
objectives of the stepback requlrements are
satisfied by the provlsion of alternative
stepbacks or other features which reduce
effectlve mass to a degree comparable to the
relevant standard requirement.
SECTION 4. Santa Monica Munlcipal Code section 9.04.08.64.060
is amended to read as follows:
9.04.08.64.060 property development
standards.
All property ln the R3R District shall be
developed ln accordance wlth the following
standards:
(a) Maximum Building Height. Two (2)
stories, not to exceed 30 feet, except that
there shall be no llmltation on the number of
stories of any Affordable Houslng Project, as
long as the building height does not exceed 30
feet.
(b) Maximum Floor Area Ratio. 1. O.
(c) Maximum unit Density. For parcels of
4,000 square feet or morel one (1) dwelling
unlt for each 1,250 square feet of parcel area
shall be permltted. For parcels less than
4,000 square feet, no dwelling units shall be
permitted, except that one (1) dwelling unit
16
may be permitted if a single fam1ly dwelling
eX1sted on the parcel on September 8, 1998.
(d) Maximum Parcel coverage. Fifty
Percent (50%) of the parcel area.
(e) Minimum Parcel Size. 5,000 square
feet. Each parcel shall contain a minimum
depth of 100 feet and a minimum width of 50
feet, except that parcels existing on
september 8, 1988 shall not be subJect to this
requirement.
(f) Front Yard Setback. The minimum
requ1red front yard setback shall be either
twenty (20) feet, or shall comply with the
m1n1mum front yard setback for the distr1ct as
set forth in the Official District1ng Map,
whichever area 1S greater.
(g) Rear Yard Setback. 15 feet.
(h) side yard Setback. The minimum
requ1red side yard setback shall be determ1ned
in accordance with the following formula,
except that for lots of less than 50 feet 1n
width, the m1n1mum requ1red side yard setback
shall be Ten Percent (10%) of the parcel w1dth
but in any event not less than four (4) feet:
5' + (stories x lot w1dth)
50'
17
(1) Development Review. A development
ReV1ew Perm1t shall be required for any
development of 22,500 square feet or more in
floor area.
(j) Private Open space. Any project
containing four (4) or more residential
dwelling units shall provide the following
minimum pr1vate open space: lOO square feet
per un1t for projects with four (4) or five
(5) units, and 50 square feet per unit for
projects of six (6) units or more. For
purposes of this requirement, residential
dwelling unit shall mean any unit 376 square
feet in area or larger. Affordable Hous1ng
Projects may substitute one (l) square foot of
common open space for each square foot of
requ1red pr1vate open space.
(k) Upper-Level stepback Requirements.
(l) Additional front step back over
fourteen (1.4) feet in height. For new
structures or additions to existing
structures, any portion of the front building
elevation above fourteen (l4) feet exceed1ng
75 percent of the maX1mum buildable front
elevat10n shall be stepped back from the front
setback 11ne an additional average amount
l8
equal to four percent (4%) of parcel depth,
but ln no case resulting ln a requirement
stepback greater than ten (10) feet. As used
in this Section, "maXlmum bUlldable elevatlon"
shall mean the maximum potential length of the
elevatlon permitted under these regulations,
which lncludes parcel wldth or length (as
applicable), minus requlred minimum setbacks.
(2) Addltional side stepback over
fourteen (14) feet in height. For new
structures or addltlons to eXlsting
structures, any portion of the side bUlldlng
elevatlon above fourteen (14) feet exceeding
50 percent of the maximum buildable side
elevatlon shall be stepped back from the side
setback line an additional average amount
equal to SlX percent (6%) of parcel width, but
ln no case resultlng ln a required stepback
greater than ten (10) feet.
(3) The upper-level stepback
requirements may be modified subject to the
reVlew and approval of the Archltectural
Review Board if the Board flnds that the
modification will not be detrimental to the
property, adjoinlng properties, or the general
area ln which the property is located, and the
19
objectives of the stepback requirements are
sat1sfied by the prov1sion of alternative
stepbacks or other features which reduce
effective mass to a degree comparable to the
relevant standard requ1rement.
SECTION 5. Santa Monica Municipal Code section 9.04.08.65.060
is amended to read as follows:
9.04.08.65.060 property development
standards.
All property in the BR overlay D1strict
shall be developed in accordance with the same
standards as those 11sted for the underlying
zon1ng d1str1ct except for the follow1ng, if
different:
(a) Maximum Building Height. Two stories,
not to exceed thirty feet;
(b) Maximum unit Density. One dwelling
un1t for each twelve hundred fifty square feet
of parcel area. No more than one dwelling unit
shall be permitted on a parcel of less than
four thousand square feet if a single family
dwel11ng existed on the parcel on September 8,
1988;
(c) Maximum Parcel coverage. Fifty
percent;
20
(d) Minimum Parcel size. Five thousand
square feet. Each parcel shall conta~n a
m~nimum depth of one hundred feet and a
min~mum width of fifty feet, except that
parcels exist~ng on September 8, 1988 shall
not be subject to this requ~rementi
(e) Front Yard setback. Twenty feet, or
as shown on the Off~cial Districting Map,
wh~chever is greater;
(f) upper-Level stepback Requirements.
(1) Additional front stepback over
fourteen (14) feet in height. For new
structures or add~tions to ex~st~ng
structures, any portion of the front building
elevation above fourteen (14) feet exceeding
75 percent of the maximum buildable front
elevation shall be stepped back from the front
setback l~ne an add~tional average amount
equal to four percent (4%) of parcel depth,
but ~n no case resulting in a requirement
stepback greater than ten (10) feet. As used
in this Sect~on, "max~mum buildable elevation"
shall mean the maximum potential length of the
elevat~on perm~tted under these regulations,
which includes parcel w~dth or length (as
appl~cable) , minus required minimum setbacks.
21
(2) AddJ.tional sJ.de stepback over
fourteen (14) feet J.n height. For new
structures or additions to existJ.ng
structures, any portion of the sJ.de building
elevation above fourteen (14) feet exceeding
50 percent of the maximum bUJ.ldable side
elevation shall be stepped back from the side
setback line an additional average amount
equal to six percent (6%) of parcel width, but
J.n no case resulting in a required stepback
greater than ten (10) feet.
(3 ) The upper-level stepback
requirements may be modJ.fied subject to the
revJ.ew and approval of the ArchJ.tectural
Review Board if the Board finds that the
modification will not be detrJ.mental to the
property, ad]oJ.nJ.ng propertJ.es, or the general
area in whJ.ch the property is located, and the
objectives of the stepback requJ.rements are
satJ.sfJ.ed by the provJ.sion of alternative
stepbacks or other features which reduce
effectJ.ve mass to a degree comparable to the
relevant standard requirement.
(g) side Yard Setback.
(1) The side yard setback for lots
of less than fifty feet shall be ten percent
22
.
of the parcel wldth but not less than four
feet,
(2) For lots fifty feet ln wldth or
greater, the slde yard setback shall be
determlned in accordance with the following
formula:
5' + (storles x lot width)
50'
(h) Usable Private Open space. All units
shall have the following mlnimum amounts of
usable private open space per unlt: one
hundred square feet for proJects wlth four or
five units, and fifty square feet for projects
of six unlts 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 the primary space.
SECTION 6. Any provislon of the Santa Monica Municlpal Code or
appendlces thereto, lnconsistent with the provislons of this
Ordinance, to the extent of such inconslstencles and no further,
are hereby repealed or modi fled to that extent necessary to effect
the provlslons of this Ordinance.
SECTION 7. If any section, subsection, sentence, clause, or
phrase of thls Ordlnance is for any reason held to be lnvalid or
23
unconst~tutional by a decis~on of any court of any competent
jurisd~ct~on, such decision shall not affect the valid~ty of the
rema~n~ng port~ons 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
inval~d or unconstitutional without regard to whether any portion
of the Ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 8. The Mayor shall s~gn and the c~ty Clerk shall
attest to the passage of th~s Ordinance. The City Clerk shall
cause the same to be published once in the official newspaper
\Hthin 15 days after its adoption. This Ordinance shall be
effective 30 days from ~ts adopt~on.
APPROVED AS TO FORM:
~~
MOUTRIE
Y
24
.
/J/~
Mayor
State of Caltforrua )
County of Los Angeles ) ss
CIty of Santa Moruca )
1. Beth Sanchez, Assistant City Clerk of the CIty of Santa Moruca, do hereby certify that the
foregomg Ordmance No.1791 (CCS) had Its ftrst reading on February 28, 1995 and had Its
second readmg on March 21, 1995 and was passed by the foIlowmg vote.
Ayes' Councllmembers: Genser, Greenberg. Ebner, Rosenstem, Abdo, O'Connor
Noes: CouncIlmembers None
Abstam Councllmembers None
Absent: Councllmembers' Holbrook
ATTEST
Ciry~ci;f