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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 ... , ~ 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 . 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 ------- 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