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SR-8-A (150) CA:f:atty\muni~strpts~mhs\misczo City Council Meeting 12-12-95 Santa Manica, Cali~ornia aEC t ~ ~ TO: Mayor and City Cauncil FROM: City Attorney SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CiTY OF SANTA MONICA AMENDING VARIOUS PRdVIS~QNS OF THE ZONING ORDINANCE RELATED TO GENERAL REQUIREMENTS, LMSD, NW OVERLAY, R2B, AND BR OVERLAY PROPERTY DEVELOPMENT STANDARDS, ANTENNA REGULATIONS, SERVICE STATION STANDARDS, AND VARIANCES, AND ADDING A PROVISION REGARDING REGULATORY INCEMTIVES FOR THE PRODUCTION OF L~WER INCOME AND SENIOR HOUSTNG INTRODUCTION At its meeting on Novesnb~r 28, 1995, the City Council introduced for first reading an ordinance amending various provisions of th~ Zoning Ordinance related to general requirements, LMSD, NW Overlay, R2B, and 8R Overlay Property Dev~lopment Standards, Antenna Regulations, Service Station Standards, and variances, and adding a provisi.on regarding regulatory inc~ntives for the praduction of lower income and senior housing. The ardinance is now presented to the City Council for adoption. RECOMMENdATION It is respectfully recommended that ~he accompanying ordinance be adopted. PREPARED BY: Marsha Jones Moutrie, City Attorn~y Mary H. Strobe~, I~eputy City A~torr~ey OEC ~ 2 ~gg~ • CA:f:~atty\muni~laws\mhs\misczo City Caunci~ Meeting 12-12-95 Santa Monica, California ORDINANCE NUMBER 1g3~(CCS) (City Council Series) AN ~RDIN.ANCE OF THE CITY CDUNCIL OF THE CITY OF SANTA MONICA AMENDING VARIOUS PROVISIONS OF THE ZONING ORDINANCE RELATED TO GENERAT, REQUIREMENTS, LMSD, NW OVERLAY, R2B, AND BR OVERLAY PROPERTY DEVELOPMENT STANDARDS, ANTENNA REGULATIONS, SERVICE STATION STANDARDS, AND VARIANCES, AND ADDING A PROVISION REGARDING REGULATORY INCENTIVES FOR THE PRODUCTION OF LOWER INCOME AND SENIOR HOUSING WHEREAS, the Planning Commissian adapted a Reso~ution of Intention to amend various provisions of the zoning ordinance to achieve greater internal consistency and fairness, to provide far added flexibility in variance regulations, and add a provision regarding incentives for lower income and seniar hous~ng; and WHEREAS, the Planning Cammission held a public hearing on the proposed amendments and made recommendatians to the City Council following the hearing; and WHEREAS, the City Council held a public hearing on the proposed amendments on Noveml~er 7, Z995; and WHEREAS, the City Council finds and declares that the proposed amendments are consistent in principle with the goa~s, objectives, ~ ! palicias, land uses, and programs specified in theadopted Gensral Plan, in that ~bjective 1,1 of the Land Use Element calls for insuring ~air treatment of property owners and residents; the proposed amendments to the reguiatians concerning building crossing property l~nes, LMS District stapback standards, height regulations for the NW Overlay District and BR District, the antenna regulations~ the Regulatary Incentives for the Praduction of Lower Income and Senior Housing Units, Service Station standards, and Variance standards will achieve greater interna~ consistency and fairness in the application of the Zoning Ordinance to development pxojects by modifying and clarifying existing language and requireznents, and making changes to some unique standards to achieve consistency with ho~a similar projects are addressed in the Zoning Ordinance. Further, Policy A-1.2 af the Housing Element calls for the provision of flexibie development standards to promote hous~ng, and the proposed amendments to the NW and BR height regulations wilZ provide greater f~exibility for de~elopment of Affordable Housing Projects by allowing such projects to be gaverned by district height standards in feet, but not limiting the number of stories of such projects; and WHEREAS, the public health, safety, and general welfare require the adoption of the proposed amendments, in that the amendments will clarify existing regulations; achieve greater internal consistency with other cade pravisions of the 2oning Ordinance; provide graater flexibility in the design of Affordable 2 a Housing Projects; establish mare practical regulatiQns re~.ating to the remodel of service stations; create more flexibility in the Variance regulations to address uniqu~ situations, and generaily facilitate the consistent and fair applieation of the development regulata.ons of the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTIQN 1. Section 9.~4.06.010 of the Santa Mvnica Munic~.pal Code is amended ta read as follows: 9.04.G6.010 Applicatioa. Except as provided in this Chapter, land or buildings may be used and structures may be erected or altered only in accordance with the following provisions: (a) No new building shall be erected and na existing bnilding shall be moved, altered, or enlarged, nor shall any land, building, or premises be used, designed, or attempted ta be used or designed for any purpose or in any manner other than a use listed in this Chapter, as permitted in the District in which the land, bui~ding, or premises is located. The lawful use or uses of all buildings, improvements, and premises existing in any District at the time vf the adaption of this Chapter may be continued except as provided by this Chapter. (b) No building shall be erected nor sha~l any 3 r existing building be moved, reconstructed, flr structurally altered to exceed in height or flaor area the limit established by this Chapter for the District in which such building is located. (c) No building shaZl be erected nor shall any existing building be moved. altered, enlarged. or rebuilt, nor shall any apen spaces surrounding any bui~dings be encroached upon ar reduced in any manner except in conformity with the property deve~opment standards for each District in which such bui~ding is lacated. (d) No yard or open space provided adjacent to any building far the p~~rpase of complying with the regulations of this Chapter shall be considered as providing a yard or open space for any flther building ar structure. (e) No parcel or building sha~.J. be separated in ownership, or reduced in size in any manner, so that: (1) Any separate portion sha11 contain a parceZ area or parcel dimension less than the minimum required for the District in which the praperty is lacated. ( 2) Any yard area is reduced below the minimum required for the District in which the praject is located. 4 (3) The parcel fails ta camply with any ather requirement of this Chapter. {4) Any partion of a parcel that is necessary to provide the required area per dwelling unit is separated from the portian of the parcel on which the building is lacated. (f} No lot or parc~l of land held under camm~n ownership which does not meet the requirements of the District in which it is lacat~d shall be separated in awnership or further reduced in size in any manner. (g) A building ar use may cross property iines anly if: (1} The buiZding site shall be subject to al~ requirements of this Chapter as through the total area comprised in the site were a single parcel. (2) A covenant by the owner(s) af the parce3s shall be filed with the Zoning Administrator and recorded with the Caunty Recarder~s office before any use or combination of parcels accurs. The covenant shall state the intentian of the owner(s) to develop the parcels as a single building site and shall be in the form required by the Zoning Administratar. SECTION 2. Section 9.04,48.35.050 of the Santa Monica Municipal Code is amer~ded ta read as follows: 9.04.0635.050 Property development standards. 5 ~_~..~-~ All praperty in the Light Manufacturing and Studio District shall be developed in accordance with the fallowing standards: (a) Mazimum Buildiag Heiqht. The maximum bui~ding height shall be two stories, not to exceed thirty feet, except the follawinq projects may have a maximum height of four stories, forty-five feet: (1) Projects involving the e~cpansian of pub~ic or private elementary and secondary schools (Grades K through 12} existing prior to September 8, 1988. (2) Entertainment-related facilities including saund stages, movie studios, editing facilities, past- production facilities, set construction facilities, and special effects facilities. (3) Theaters. There shali be no limitation on the number of stori~s of any detached parking structure so lang as the height does not exceed the number of feet permitted in the district. (b) MaSimum Floor Area Ratia. Maximum floor area ratio shall be 1.0, except the following projects may have a floor area ratio of 1.5: (1) Projects involving the expansion of public or privatE elementary and secondary schoa~s (Grades K thraug~'i 12) existing prior to September 8, 1988. 6 (2) With appraval of a Development Review Permit, prajects includ~ng artist studias, pravided the additional .5 flaor area ratio is devated to artist studio use, and the co~tmercial square footage doas not exceed 1.0 floor area ratio. (c) Minimum Lot 8ise. The minimum lot size shall be fifteen tha~sand square feet, each 1ot shall contain a minimt~m depth of one hundred fifty feet and a minimum width of one hundred feet, except that lots existing on the effective date of this Chapter shall not be subject to this requirement. (dj Froat Yard Setback. Al~ ~andscaping sh~l~ be i.n accordance with the prc~visions of Part 9.04.10.D~ of this Code. (e} Rear Yard Se~baek. No rear yard setback shall be required except: (1) Where the rear parcel line abuts a residential district, a rear yard equal to: 5' +(stories x Iot width) 5Q~ shall be required. The required rear yard may be used for parking ar loading to within f~ve feet of the r~ar parcel line, pravided the parking or laading doe~ not extend above the first floor level and provided that a wall not less than five feet ar more than six feet in height is erected and maintained along the rear com~rercial parcel Iine. Acoe~s 7 shall be permitted to cross perpendicularly the required rear yard, provided the driveway does not excead the mini.mum width permitted for the parking area. A required rear yard shall not be used for commercial purpose5. (2) Such rear yard setback as is necessary to accommodate landscaping and screening for a rear yard buffer required pu~suant to the pravisians of Part 9.04.1a.04 of this Code. (f} 8ide Yard Setback. No side yard setback shall be required except: (1) Where the interiaz side parcel line abuts a residential district, an interiar side yard equal to: 5~ +{st~rzes x lot width) 50' sha11 be required. The interior side yard may be used for parking or loading no closer than five feet to the interior side property 1ine, provided the parking or loading does not ext~nd above the first f~oor l~vel and provided a wall not Iess than five fe~t or mare than six feet in height is erected and maintained along the side commercial parcel line. A required interior side yard shall not be used far access ar for commercial purposes. (2} Such side yard setback as i.s needed ta accommodate landscaping required for a street side yard, landscape buffer and screening pursuant to the pravisions of Part 9.04.10.04 of this Cade. 8 {3) For portions of buildings that contain windows, doors, ar ather apenings into the interior of the building, a ten-foot setback from an interiar property line shall be required. An interior side yard setback of less than ten feet shall be perYnitted if provisians of the Uniform Building Code related to fire- rated openings in side yards are satisfied. (g) Buildinq step Sack. Building step backs sha~l be provided pursuant to the requirements of Sectian 9.04.10.d2.040. (h) Olympic Houlevard Setback. Buildings sha21 be setback a m~nim~ of twenty feet from Olympic Bo~levard. (i) Development Review. A Development Review Permit is r~quired for any develapment of more than thirty thousand square feet of floor area, for any development with rooftop parking, and for projects which include artist studios with a 1.5 floar area ratio, pravided the additional .5 floor area ratio is devoted to artist studio use, and the commercial square footage does not exceed 1.4 floar area ratio. SECTION 3. Section 9.D4.08.56.060 of the Santa Monica Municipal Cade is amended ta read as fo~laws: 9.04.08.56.06o Property develapmeat standards. All praperty in the NW Overlay District shaZl be developed in accordance with the same standards as those 9 ~isted for the underZying zoning district except for the following, if different: (a) R2 Maxi.mum Buildiag Height. Two stQries not to exceed twenty-three feet for a f~,at roof, and thirty ~eet faX a pitched roof, except that there shall be no litnitation ~n the number of staries of any Aftordable Hausing Project, as long as allowed building height is nat exceeded. A pi.tched roaf is defined as a roof with at least two s~des having no less than ane foot of vertical ri~e for every three ~eet of horizontal run. The exterior walls of the building may not exceed the maximum height for a flat roof except that portion of the wall within a raof gable. (b) R3 Ma$imum Buildi.nq Height. Three stories, not to exceed thirty-five feet for a flat roof or forty feet for a pitched roof, except that there shall be no limitation on the number of stories of any Affordab~e Hausing Project, as long as allowed building height is not exceeded. A pitched roof is defined as a roof with at least two sides having no less than ane foat of verticaZ rise far every three feet of horizontal run. The exterior walls of the building may not exceed the maximum height for a flat roaf except that portion of the wall within the roof gable. (c) Front Yard 8etback. Twenty feet, or as shown on the Official Districting Map, whichever is greater. At ~o least twenty-four percent o€ the frQnt el~vatian from the grade level up to f~urteen feat in height shall provide an additional five-faot average setback, and thirty percent of the front elevation above fifteen feet in height shall provide an additional ten-foot average setback fram the minimum frant yard setback. (dj Sida Yard Setback. The side yard setback sha11 be determined in accordance with the following formu~a, except far lots af less than fifty feet in width for which the side yard sha~l be ten percent of the parc~l width but not less than 4 feet: 5' ~ ~stories x lot width] 50' No more than fifty percent of the side building facade between three feet and thirtean feet aba~e grade may be at the same parallel plane. A minimum separation of at least two feet is required between parallel planes. Portions of the building between fourteen feet and thirty feet shall pravide an additiona~ four-foot average setback from the required minimum side yard setback. Between fourteen feet and thirty feet no more than fifty percent af the side building facade may be at the same parallel plane. A minimum separation of at least two feet is required between para11e1 planes. Portions of the building between thirty-one feet arsd forty-five feet in height shall provide an additional eight-foot average setback from the required minimum sid~ yard setbaek. 11 Between thirty-an~ feet and forty-five feet no more than fifty percent of the side building facade may be at the same paralle~ plane. A mini~um separatian of at least two feet is required between parallel planes. The intent of this Section is to emp~wer the Architectural Re~iew Baard to require, as it sees appropriate, greater setbacks and building articulation to ensure campatibility of new building with existing development. (e) IIsable Private Open Sgace. A1~ units sha11 have the following minimum amaunts of usable private space per unit: one hundred square feet for projeets with four or five units, and fifty square feet for projects af six units or more. Private open space shall include a deck, yard, patio, ar cambination thereof which as adjacent to, accessible from, and at the same ar approximate elevatian as the primary space. (f) Maximum Unit Density. Dens~,ty shall be the same as that listed in the underlying zoning district subject to the fo~lowing exceptions: (1) With regard to affardable hausing prajects in which one hundred percent of the proposed units are deed restricted for very low ar maderate income, trie density may be one dwelling uni.t for every nine hundred square feet of parcel area in the R3 District and one dwelling unit for every twe~ve hundred fifty square feet 12 in the R2 District. (2) The density on parcels cansalidated after the effective date of this Chapter with a total squara footage greater than fifteen thousand square feet or exceeding a combined straet frontage of one hundr~d feet shall be one dwelZing unit for every fifteen hundred square feet in the R3 District, and one dwelling unit for every two thousand square feet in the R2 District. SECTION 4. Santa Manica Municipal Code Section 9.04.08.65.060 is amended to read as follows: 9.0~.08.65.060 Propertp development standards. All praperty in the BR overlay District shall be developed in accordance with the same standards as those listed for the underlying zoning district except for the fo~lowing, if different: (a) Maximum Buildi.nq Heiqht. Two stories, not to exceed thirty feet, except that there shall be no limitatifln on the number of stories of any Affardable Hausing Project, as lang as allowed building height is nat exceeded. (b) Masimum vnit Density. One dwelling unit far each one thausand two hundred fifty square feet of parcel area. No more than one dwelling unit sha~l be permitted on a parcel af less than ~aur thousand square feet a.f a single family dwelling existed on the parce~ on 5eptember i~ 8, 198$. (c) Maximum Parael Coverage. Fifty percent. (d) Minimum Parcel Size. Five thousand square feet. Each parcel shall contain a minimum depth of flne hundred feet and a minimum width of fifty feet, except that parcels existing on September 8, 1988 shal~ not be subject to th~s requirement. ~e) Front Yard BetbacX. Twenty feet, ar as shown an the Official Districting Map, whichever is greater. (f) Llpper-Level Stepback Requirements. (1) Additional Front Stepback Over Fourteen Feet ia Heiqht. For new structu~es ar additions to existing structures, any_,portion of the front build~ng elevatian abave fourteen feet exceeding seventy-five percent ~f the 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 resu~ting in a requirement stepback greater than ten feet, As used in this Section, "maximum buildable elevation" shall mean the maximum potential length af the elevatian permitted under these regulations, which includes parcel width or length (as applicable}, minus required miniruum setbacks. (2) Additional Side 8tepback Over Fourteen Feet in Heiqht. For new structures or additians to existing ~tructures~ any portion of the side building 14 elevation above fourteen feet exceeding fifty percent of the maximum bui~.dable side elevation shall be stepped back from the side setback line an additional average amount equal to six percent of parcel width, but in no case resulting in a required stepback greater than ten feet. (3) The upper-3eve1 stepback requirements may ba modified subject to the review and approval of the Architectural Review Board i.f the Board finds that the modificatian will not be detrimental to the property, adjoining properties, or the general area in which the praperty is located, and the objectives a~ the stepback requirements are satisfied by the pravisian of alternative stepbacks ar athsr features which reduce effective mass ta a degree comparable to the relevant standard requirement. (g} Siae Yard Setbaak. (i) The side yard setback for lots of less than fifty feet shall be ten percent of the parcel width ]~ut not J.ess than four feet. ( 2} For ~ots f ifty feet in width or greater, the side yard setback shall be determined in accordance with the follawing formu~a: 5' + {stories lot widthl 50' {h} Usable Private open Space. All units shall hava the following minimum amounts of usable private apen 15 space per unit: one hundred square feet for projects with taur ar five units, and f ifty square feet for projects of six units or more. Frivate apen space shal]. include a deckf yard, patio or combination thereof, which is adjacent to, accessib~e from, and at the sa~e or approximate elevation a~ the primary space. SECTION 5. Santa Monica Municipa~ Code Section 9.04.10.06.~10 is amended to read as foilows: 9.04.10.06.~10 Nonparabolic cammercial antannas-Requlatiaa~ and design ~tandards. (a} Cainmercial antennas shal~ be installed, modified, and maintainad_in accordance with the fallowing standards: (].) No commerci~l antenna shall be lacated ].n a residential district. (2) Commercial antennas may be located in a~l ather districts, except that the installation af freestanding antenna structures which allow the attachment of antennas shall be prohibited in the Mai.n Street Cammercial (CM}, Neighborhood Camm~rCial (C2}, Residential-Visitor Commercial (RVC) and Neighborhood Cominercial Over~ay (N) Districts. (3} One roafmaunted TVRO nonparabolic antenna structure and one freestanding antenna structure far each seven thousand tive hundred square feet of parcel area, 16 and in the case of mixed use ar residential development, one TVR~ nonparabolic antenna per residential dwelling unit, shall be pernnitted per parcel. The number of antennas attached to a single support structure shal~ be determined by the structural integrity af the support struct~re. (4) No freestanding antenna structure shall extend beyond fifteen feet above the height ~i~it af the distr~ct. (5) A freestanding antenna structure shall not be located between the face of the main building and any public street ar in any required front or side yard. (6) One roafmounted TVRO nonparabolic antenna and one vertica}. whip antenna of up ta twenty--five feet abave the roofZine sha~l be permitted per parcel. Additional TVRO nonparabolic antennas or other nonparabolic antennas shall not extend beyond fifteen feet above the raofiine. Al1 roofmounted antennas shaZl be located or screened so as to minimize pedestrian level view from public streets or from any neighboring residentiai uses. (7) The display of any sign or any other graphics on an antenna, antenna structure or screening is prohibited, except for public safety warnings, which warnings mt~st be placed na higher than eight feet above the base of the antenna structure or screening. 17 (8} Ari antenna structure shall be finished in a color to blend in with its immediate surroundings, to reduce g].are, and to minimize its visual intrusiveness and negative aesthetic impact. (9y A building permit shall be obtainad prior to the installation of an antenna structure, pursuant to tha req~zirements of the Suilding Code. (b) Unless a finding is made that a proposed antenna poses an actual threat to the public health or safety, the Zoning Administratar, or the Planning Commission on appeal may approve a Use Permit to modify the regulations and design standards of subsect~on (a} paragraphs (~) , (2} , {3~_, (4) , (~) , or (~} , flf this Section, if topographicai conditions, nearby ta~l structures or other factars unreasonably abstruct or otherwise unreasonably interfere with effective transmission or reception of the type desired and the cause of such obstructian ar interference was nat created by the app7.icant. SECTION 6. Section 9.04.1D.14.040 is added to the Santa Monica Municipal Code to read as follows: 9.04.10.14.040 Requlatory incentives far the produation af lcwer incame and senior housinq units. Pursuant to Gavernment Code Section b5915, the following developer incentives shall be pravided far the 18 praduction of lower income and senior housing un~ts: (a) When a developer of housing meets the requirements of Gavernment Code 5ection 559~5(b), ~hereinafter a"state density bonus praject"), a density increase af at ~east 25 percent over the otherwise maximum allowa2ale residential density in thE applicable zoning district shall be provided, The density bonus shall apply ta housing develapments consisting of five ar mare dwelling units. (b} As an additional incentive pursuant to Government Code Section 65915{h), the parking requirement far state density bonus projects is red~zced from that otherwise applicable ta muZtifamily housing. The parking requirement for any unit in a state density banus project which is deed restricted for occupancy by lowez or very law income households shall be that set forth in Municipal Cade Section 9.D4.10.08.040 far "multifami~y hausing deed-restricted for occupancy by low and moderate incame households." The parking requirements for any unit in a state density bonus project which is deed restricted as a dwelling unit far a"qualifying resident" pursuant to Government Code Section 65915 sha11 be that set forth in Municipal Code Section 9.04.10.v8.04~ for "senior group housing and senior housing." (c) In addit~on ta the density increase and reduced parking requirements descrihed abave, pursuant ta 19 Municipal Code Section 9.04.20.10.030, state density banus projects are eligible ta apply for a variance to side yard setback requirements, ta front or rear yard setback requirements, and to parcel coverage requirements. (d) Pursuant to Municipal Code 5ections 9.04.08.55.050(f)(~}, 9.04.08.55.070(e)(1). 9.04.10.14.020 and 9.04.10.14.030, a variety af incentives are proeided for develapment af housing projects in which a~l of the units are deed-restricted for affordability. (e} Pursuant to the pravisions of th~ BCD, C2, C3, C3-C, C4, G6, and CM _Districts established in the Municipal Code, incentives for the developinent of mixed use prajects and housing projects are provided in the form of greater aliowable floor area or flaor area discounts. SECTION 7. Santa Monica Muna.cipal Code Sectian 9. 44 .12 .13 0 is amended ta read as follaws: 9. 04. ].2. ~30 Se~rvice stations. The purpose of this Section is to ensure that service stations do not result in an adverse i~pact an adjaeent land uses~ especially residential uses. While service stations are needed by residents, visitars, and employees in the City, the traffic, glare, and patterns 20 af use associated with service stations, particularly th45B open 24 hours per day, may be incompatible with nearby uses, particularly residential uses. Mini-markets in service stations may cause greater impacts because they are more Iikely to serve people passing through the City from other communities than nearby residents, and they tend to attract a higher incidence of crime. Therefore, in the interest of protecting the health, safety, and general welfare of the City and its residents, speciai regulatians shall be imposed on service stations, consistent with the gaa~s, objectives, and policies of the General Plan. The fallowing special conditions shall apply to service stations: {a} Applicability. Service stations may be permitted with the appraval of a Performance Standards Permit in those districts as pravided in Subchapter 9.04.08. All service statinns shall camply with the praperty development standards far the district in which it is to be located and with this section. Except as spECifically identifi~d, the provisions of thi.s Section shall apply to all new service stations and to all existing s~rvice stations at such time as existing stations came }aefore the City for an expans~on of 10~ or greater in floor area, remodeling, or any ather develapment that wauld cost mQre than 5~~ of the value of the improvements €~n the parcel at the time of remadeling, 21 exc~uding 3and value. (b) Minimum Lat Sise. The minimutn lot siae shall be 15,000 square feet. (c) Minimum Street Froataqe. Each parcel shall have a minimum street frantage of 100 feet on each ahutting street. (d} Setbacks. Na building or structure shall be located within 30 feet of any public right-of-way or within 20 feet of any interior parcel ~ine. (e) Ga~oline Pumps. Gasoline pumps shall be at least ~5 feet from any property line and a minimum of 20 feet from any public right-of-way. (f) Canopies. Cannpies shali be at least 5 feet from any property ~ine. (g) Walls. Service statians shall be separated from an adjacent property by a decorative masonry wall af not less than 6 feet in height. Materials~ textures, colars, and design of all walls shall be compatible with service station design and adjacent properties. No wall required to be erected and maintained by this Section shall be canstructed within 5 feet of a driveway entrance ar vehicle access way opening onta a street or alley which would obstruct a cross view of pedestrians an the sidewalk, alley, or elsewhere by matorists entering or standing on the parcel. (h} Paving. The site shall be entirely paved, except 2~ for buildinqs an~ ~andscaping. (i) Laadacaginq. The service station site shall be landscaped pursuant to the following standards: (1) A minimum of 15~ of the site shall be landscaped including a p~anting strip at ieast 3 feet wide alanq all interior parcel lines, non-driveway street frontages, and adjacent to buildzngs. Planters shall be surrounded by masonry or concrate curbs and so arranged as to preclude motar vehicles from driving across the sidewalk at locations other than access driveways. Permanent opaque landscaping or berming shall be provided and maintained in the planters at a height of not less than 3 feet abave the ave~age adjacent grade. (2~ A minimum of 150 square foat landscaped area shall be provided at the intersection of twa property lines at a street corner. (3) All landscaped areas shall be proper~y maintained in a neat, orderly, and safe manner, pursuant to Part 9.04.10.04. Such ~andscaping and maintenance shall include, but nat be limited to, the installation and use of an automatic irrigation system, permanently and completely installed, which delivers water directly to all landscaped areas. (4} All existing street trees shal~ be preserved, and driveways and vehicle approaches shall be designed so as not to necessa.tate the removal of any 23 existing street trees. (5) ~inal landscaping design treatment shall be subject ta review and approval by the Architectural Review Board. (j) Access and Circulatian. For existing service stations praposing an expansion of 10~ or greater in floor area, remodeling, or any other dev~lopment that would cost more than 5D~ of the value of tha improvements on the parcel at the time of remode~ing, excluding land value, existing driveways may remain in their present location. If changes or modifications to the driveways are propased, such changes shall be subjact to the approval af the City P~rking and Traffic Engineer. Far new service stations, no more than one driveway with a maximum width of 35 feet shall be permitted on any one street frantage and shail be located as follaws. Driveways shall not be located closer than 50 ~eet from a street intersection, 15 feet from a residential property line or alley, nor as to otherwise interfere with the movement and safety af vehicular and pedestrian traffic, subject to the approval of the Parking and Traffic Engineer. {k) All lubrication bays and wash racks shall be located within a fully enclosed building. Access to the service bays and wash racks shall not be located within 50 feet of a residentially zoned property. 24 {1) Parkiag. Parking shall be provided in the following manner: (~) There shall be a minimum of twa parking spaces for each service bay, plus three spaces if ful~-service, one space if self-service~ plus one space far each 100 square feet of retail area. (2) The parking area shall be Iandscaped and striped in conformance with Parts 9.04.1D.04 and 9,04.10.10. (3} Customer and employee parking shall not be utilized for automobile repair, finishing work, ar storage of vehicles. {4) Vehicle~ in the process of being serviced may be parked on the premises for a maximum period of two weeks, but additional parking spaces shal~ be provided for this purpvse. (5) No vehicle that will be or has been serviced may be parked on publ~.c streets, sidewalks, parkways, driveways, or alleys. (6) No ~ehicle may be parked or~ the premises for the purpose of offering it for sale. (m) Air and Water. Each service station shall provide air and water to custamers without charge and at a convenient location during hours when gasoline is dispensed. (n) Restrooms. Each service station shall provide 25 a men~s and women's public restroom which are accessible ta the general public ~ncluding the physical~y d3sabled during all hdurs the service station is open to the public. Restrooms shall be attached to a structure on site with entrances ~r signage clearly visible from the gasoline service area or cashier station and cancealed from view of adjacent properties by planters of decorative screening and shall be ~aintained an a regular basis. (o) Telephones. At least one public telephone shall be provided at each service station in a locatian that is easily visible from pub~ic rights-of-way. (p) Vending l~iachix~es. Coin-ope~ated vending machines may be permitted witha.n or abutting a structure for the purpose of dispensing items commanly found in service stations, such as refreshments and maps. (q) Mini-Marts. Mini-marts may be permitted on th~ site of a service statian subjECt to the fo~lowing development standards: (~) One on-site parking space for each 100 square feet of retail space shall be provided in additian to the required parking spaces for the service statian. (2) The mini-mart shall be designed wath materials compatible with the service station and surrounding properties. (3) Arcade or game machine5 or other 26 coin-operated electronic machines sha11 be prohibited. (r) Locatioa of Activities. All repair and service activities and operations shall be conducted entirely w~thin an enc~osed service building, except as fO~~OWS: {1) The dispensing of petroleum products, water, and air from pump islands. (2) Replacement service act~vities such as wiper b~ades, fuses, radiator caps, and lamps. (3) Minor repair work taking less than one hour to perform. (4) The sale of items fram vending machines placed next to the principal building in a designated area not exceed 32 squ~re feet and screened fram public view. (5) The display of inerchandise offered for customer convenience on each pump island, provided that the aggregate display area on each island shall not exceed 12 square feet and that the products shall be enclosed in a specially designed case. (5) Motor vehic~e products displayed along the front of the building and within 36 inches of the building, limit~d to 5 feet in heiqht and not more than 10 feet in length. (s} Refu~e Staraqs and Disposal. Trash areas shall be pxovided and screened on at least three sides from public view by a solid opaque impact-resistant walZ nat 27 less than 5 feet in heiqht as required by Section s.o~.~o.a2.154. (1) All trash sha31 be deposited in the trash area and the gates leading thereta shall be maintained in working order and shall remain closed except when in use. (2} Refuse bin~ shall be provided and placed in a location convenient ~or custamers. ( 3} Trash areas shal ~ not be used f or storage . The premises shall be kept in a neat and orderly condition at all times and all improvements shall be maintained in a condition of reasonab~e repair and appearance. No used or discarded automotive parts or equipment, or permanertly disabled, junked, or wrecked vehicles may b~ stared outside the main ~uilding. (t) IItilities. Al1 utilities shall be placed undergrour~d . (u) Liqhtinq. All lighting shall comply With the pravisions of section 9.a4.10.02.270. (v) Equipment Rentai. Rental of equipment such as trai7.ers and trucks shall be permitted subject to the foll.awing restrictions: (1) The rental equipment does nat occupy ar interfere with the required parking far the automobile service station. (2} The rental of the equipment is clearly incidental and secondary to the main activity on the 28 , site. (3) The merchandise is screened f3rom view in conformance with Section 9.04.10.02.13~. (w) Operation o~ Faci~itiea. The service station shall at all tim~s be aperated in a manner not detrimental to surrounding properties or residents. site activities sha11 not produce or be reasanably ant~cipated to produce any of the fallvwing: (1) Damage ar nuisance fram noise, smoke, odor, dust, or vibration. (2) Hazard from exp~osion, contamination, or f ire . (3) Hazard ~ccasioned by the unusual volume or character of traffic, or the cangregating of a large number of people or vehicles. {x) Security Plan. A security plan sha~l be developed by the applicant and approved by the City Chief of Police prior to issuance of a building permit. (yy Ab~ndcnment. Any legal nonconfarming service statian that is closed continuously for a period of at least one year shall be declared abandoned. SECTION 8. Santa Monica Municipal Cade Section 9.04,I4.040 is amended ta read as fol~ows: 9.G4.Z~.G40 Service statiaas. The purpose of this Section is to ensure that 29 r service stations do nat result in an adverse impact on adjacent land uses, especiaily residential uses. While servsce stations are needed by residents, visitors, and employees in the City, the traffic, glare, and pattern~ of use associated with servioe statians, particularly those open 24 hours per day, may be incompatible with nearby uses, particularly residential uses. Mini-markets in servioe stations may cause greater impacts because they are ~oaore likely to serve peogle passing throuqh the City from other comraunities than nearby residants, and they tend ta attract a higher incidence of crime. Therefore, in the interest of protecting the heaith, safety, and general welfare of the City ar~d its residents, special regulations shall be impQSed on serviCe stations, consistent with the gaals, objectives, and palicies of the General Plan. The foilowing special conditians shall apply to service stations: ~a) Applicability. Service statians may be permi.tted with the approval of a Cvnditianal Use Permit in thase districts as provided in Subchapter 9.04.08. All service stations shall comply with the property development standards for the district in which it is to be located and with this Section. EXcept as specifically identified, the prOVisiDns flf this Sectian shall appZy to all new service stations and to all existing service stations at such time as existing stations came before 30 the City for an expansion of 10~ ar greater in floor area, or a remodeling, or any ~ther development that would cost more than 50~ of the va~~e of the improvements ~ an the parcel at the time of remodeling, excluding ~and value. (}~~ Minimvm Lot Sise. The minimum l~t size sha~l be 15,000 square feet. (c) Minimum Street Frontage. Each parcel sha11 have a minimum street frontage of Z00 feet an each abutting street. (d} Setbacks, No building or structure shall be located within 30 feet of any public right-of-way ar within 20 feet of any interior parcel line. (e) Gasoline Pumps. Gasoline pumps shall be at least 15 feet from any property line and a minimum of 20 feet from any pub3ic right-of-way. (f) Canopias. Canopies shal~ be at ~east 5 feet from any property line. (g) W~lls. Service stations shall be separated from an adjacent praperty by a decoratiue a~asonry wall of not less than 6 feet in h~ight. Materials, textures, colars, and design of all walls shall be compatible with service station design and adjacent properties. No wall required ta be erected and ~naintained by this Section shall be canstructed within 5 feet of a driveway entrance or vehicle access way opening onto a street or alley which 3 ]. wou~d obstruct a cross view of pedestrians on the sidewalk, a~lay, or elsewhere by matorists entering or standing on the parce3. (h) Pavinq. The site shall b~ entirely paved, except for bui~dings and lands~aping. (i) Landscapinq. The service station site shall be landscaped pursuant ta the foilowing standards: (1) A minimum of 15~ o~ the site shall be Zandscaped including a planting strip at least 3 feet wide along all interioz parc~l lines, non-driveway street frontaqes, and adjacent to buildings. Planters shail be surraunded by masonry or concrete curbs and so arranged as to preclude motor vehicles from dr~ving across the sidewalk at locations ather than access driveways. Permanent opaque 2andscaping or berminq shall be p~ovided and maintained in the p~anters at a height of not ~.ess than 3 fe~t above the average adjacent grade. (2) A minimum of 150 square foot landscaped area shall be prov~ded at the intersection of two property lines at a str~et corner. (3) A11 landscaped areas shall be praperly maintained in a neat, arderly, and safe manner, pursuant to Part 9.04.10.04. Such landscaping and maintenance shall include, but not be limited to, the insta~lation and ~zse of an automatic irrigation system, permanently and completely installed, which deliver~ water directly 32 ta all 3andscaped areas. (4) Al1 existing street trees shal~ be preserved, and driveways and vehicie approaches shali be designed so as nat to neaessitate the removal af any existing street trees. {5) Final landscaping design treatment shall be subject to review and approval by the Architectural Review Ba~rd. (j} ACC~S~ and Circuiation. Fvr existing service statians proposing an expansion of l4~ or greater in floor area, remodeling, or any other development that W4ll~(~ cost more than 50$ of the value of the improvements an the parce2 at the tzm~ of remade].ing, excludinq Zand value, existing driveways may remain in their present location. If changes ar modifications to the drivQways are proposed, such changes shall be subject to the approval of the City Parking and Traffic Engi.neer. Far new service stations, no more than one driveway with a maximum width of 35 feet shall be permitted on any one stre~t front~ge ~nd shall be ~ocated as follows. Driveways shall not be ~ocated closer than 5fl feet from a street intersection, 15 feet frqm a residelztial property line or aliey, nor as to otherwise interfere with the movement and safet}~ of vehicular and pedestrian traffic, subject ta the appraval of the Parking and Traf~ic Engineer. 33 (k} A11 lubrication bays and wash racks sha~1 be located wXthin a fully enclosed building. Access to the service bays and wash racks shall not be ~ocated within 50 feet of a residentially zaned property. (1) Parkinq. Parking shall be provided in the fallowing manner: (1) There shall be a minimum of two parking spaces for each s~rvice bay, plus three spaces if full-service, one space i~ se2f-service, plus one space for each 100 square feet of retail area. {2~ The parking area shall be ].andscaped and striped in conformance with Farts 9.04.10.04 and 9.D4.1U.10. _ ( 3) Customer and employee parking shall not be utilized for automobile repair~ finishing work, or storage of veh~cles. (4) vehicles in the pracess of being servzced may be parked on the premises for a maximum pariad of two weeks, hut additional parking spaces shall be provided for this purpose. (5) No veh~cle that will be ar has been serviced may be parked on public streets, sidewalks, parkways, driveways, or alleys. (5) No vehicle may be parked an the premises for the p~zrpose of offering it far sale. (m} Air and Water. Each service station shall 34 p~ovide air and water to custo~ers without charge and at a convenient locativn during hours when gasaline is dispensed. (n} Restrooms. Each service station shall provide a men's and wamen's public restroom whieh are accessible to the qenera2 pubZic incZudinq the physicaZly disabZed during alI hours the service stati~n is open to the public. Restrooms shall be attached to a stracture on site with entrances or signage clearly visible fr~m the gasoline service area or cashier station and cancealed from view of adjacent properties by planters of dec~rati~re screening and shall be maintained on a regu~ar basis, (o) Te].ephoaes. At least one ptzbZic teZephone sh~lZ be pravided at each service station in a location that is easily visible from public rights-of-way, (p) vendinq Machines. Coin-aperated vending machines may be permitted within or abutting a structure for the purpose of dispensing it~ms commanly faund in service stations, such as refreshments and maps. (q7 Minx-Marts. Mini-marts may be permitted on the site of a service statian subject to the fol~owing development standards: (~) ~ne on--site parking space far each 100 square feet af retail space shal~ be p~ovided in addition to the required parking spaces for the service station. 35 {2} The mini-mart sha~l be designed with materials ca~patible with the service station and surrounding praperties. {3} Arcade or game machines or other coin-operated electronic machines shall be prahibited. (4) Unless otherwise approved by the Planning Commission, or City Council on appeal, if the service station is within 100 feet of a residentia~ district, mini-mart operation shall be prohibited b~tween the hours of 10 p.m. and 7 a.m. (r) Lacation af Aativitiss. All repair and service activities and operations shall be conducted entirely within an encZosed service building, except as follows: (1} The dispensi~g of petroleum praducts, water, and air from pump islands. (2) Replacement service activities such as wiper blades, fuses, radiatar caps, and la~ps. (3) Minor repair work taking ~ess than one hour to perfarm. (4) The sa~e of items fram vending machines placed next to the principa~ building in a designated area not exceed 32 square feet and screened from public view. (5) The display of inerchandise offered for customer convenienae on each pump i~land, provided that the aggregate display area on each island shall not 36 exceed ~2 square feet and that the praducts shall be enclased in a specially designed case. {6} Motor vehicle products displayed along the front of the building and within 36 inches of the building, limited to 5 feet in height and not mare than 10 feet in length. (s) Refuse Storaqe atld nisposal, Trash areas shall be provided and screened on at least three sides fram public view by a solid opaque impact-resistant wall not iess than 5 feet in height as req~ired by Section 9.04.7.Q.02.150. (1) All trash shall be deposited in the trash area and the gates leading thereto shal~ be maintair~ed in working order and shal.l remain clased except when in use. (2) Refuse bins shall be provided and placed in a location convenient for customers. ( 3 j Trash areas shal~ not be used for storage . The premises shall be kept in a neat and arderly conditian at all times and all impravements shall be maintained in a condition af reasanable repair and appearance. Na used or discarded automotive parts or equipment, or permanently disabled, junked, or wrecked vehi.cles may be stared outside the main bui.lding. (t) IItilities. All utilities shall be placed underground. {u) Lightinq. A11 lighting shal~ co~gly with the 37 ~ provisions of Section 9.04~.10.Q2.27~. (v) Equipment Rental. Rental af equipment such as trailers and trucks shall be permitted subject to the foilowing restrictions: (1) The rental equipment does not occupy or interfere with the required parking for the autamobile service station. (2) The rental of the equipment is clearly incidental and secondary ta the main activity on the site. {3} The merchandise is screened fram view in conformance with Section 9.04.10.02.130. (w) Operation of Facilities. The service station shall at all t~mes be aperated in a manner nat detrimental to surrounding properties or res~dents. Site activities sha~l not produce or be reasonably anticipated to produce any af the following: (1) Damage or nuisance from naise, smoke, odor~ dust, or vibration. (2) Hazard from explasion, contamination, or f ire . (3) Hazard occasioned by the unusual voiume or character of traffic, or the congregating af a large number of people or vehicles. (x) Securitp Plan. A security plan shall be developed by the applicant and approved by the City Chief 38 of Police priar to issuance of a building permit. (y) Abaadonment. Any legal nanconforming service station that is closed conti.nuously for a period of at least one year shall be declared abandoned. SECTI~N 9. Santa Monica Municipa~ Code Sectian 9.04.2D.~0.030 is amended to read as follows: 9.04.20.10.030 Applicability. The Zoning Administrator may grant a variance from the requirements of this Chapter to: (a) Al1ow modificat~on of the minimum lot sizes or minimum parcel dimensians; (b) Allow the r.~odification af the number and dimensions of automobile parking spaces, Ioading spaces, and driveway requirements including those set by Perfa~ance Standards, Use Permit Special Standards, special Conditians for Conditional Uses, regulations of the various 2oning districts, the Off-Street Parking Requirements, and the Off-Street Loading Requirements; (c) Allow the modificatian of fence heights; (d} Allaw the modification a£ yard setbacks ar parcel caverage en: ~1) ParceZs having a depth of 30 feet ar less or a width of 39 feet or less, (Z) Nonrectilinear parcels or rectangular parce~s on which parallel property lines differ in Iength 39 L a minimum of five feet, ( 3) Parcels with a 12 . 5-fo~t grade differential or more, as measured fram either any point on the front parcel lina to any point on the rear parcel line, or from any point on a side parcel line ta any point an the opposing side parcel line, ( 4) Additians to the same floor of an existing ?~uilding which is nonconforming as to yard setbacks~ where such addition follows the line of the existing building but in na case is closer than four feet to a p~operty line, (5) Parcels in the CM District on which relocated structures that are identified an the Historical Resources Survey as having a value of 1 through 5D or which are determined ta be historically significant lay the Landmarks Commissian are located. A variance may apply only to the re~ocated structure; (e) For projects confarming to state density banus guidelines, allow encroachment into no more than ~5 percent of one side yard setback, and into 15 percent of either the frant ar rear yard setback, and, except in those zanes where an increase in parcel caverage for state density bonus projects is already permitted, allow an increase in parcel coverage by no more than ten percent of parcel area. In no ca5e shall a rear yard setback of less than fi.ve t5) feet be allowed; 40 i {f) Allow buiZdings ta exceed district height limits by no more than five (5) feet in one of the fol~owing situations: ~1) If a parcel has a grade differential af 12.5 feet or more, as measured from either any goint on the frant parcel line to any point an the rear parcel line, ar from any paint on a side parcel line ta any point on the opposing side parcel line, (2} To allow an addition ta an existing structure that is legally nanconforming as to height provided the addition does not exceed the height line af the existing buzlding; (g) Allow an add~tion to an existing b~ilding that is legaily nonconforming as to height provided all af the following criteria are met: (ly The addition does not exceed the height line of the ex~sting building, (2) The additian does nat exceed twa {2) percent of the total floor area of the building, {3} The addition does not increase lot coverage or the overall foatprint af the building, (4} The addition does not increase the density ar number of inhabitants ar increase the intensi.ty of use of the building, (5) The addition otherwisa conforms to the regulations of the distriet in whieh it is ~.ocated, 41 (6) There is no feasible alternative method of attaining the desired use, (7j There is no substantial adverse impact to adjacent buildings, existing streetscape, privacy~ nar significant increases to the mass and bulk of the building; (h) Al~aw 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 12.5 feet or more, as measured fram either any paint on the frant parceZ line to any point on the rear parcel 1ine, ar from any point on a side par~el lina tfl any point on the opposinr side parcel line provided the following criteria are met: (~) The replacement structtire does not exceed the height line of the existing building, (2) The replacement structure does not increase the density ar square foatage beyond the exfsting structure or increase the intensity of use of the building, (3) The replacement structure otherwise conforms to the regulatian of the district in which it is located, (4) There is no substantial adverse impact to adjacent buildings, existing streetscape, privacy, nor significant increases ta the mass and bulk of the 42 4 i building; (i) Allow the modificatian of the required ~ront yard setback to allow, in the case of existing development, a detached garage provided all of the Fo~lowing criteria are met: (1) The lot is less than 100 feet in depth, {2) The on-site use is a single-family dwelling, (3) No alley access is available to the site; (j ) Allow the modification af the side yard setback for primary windows in the OP-2, OP-3 and OP-4 Districts when the imposition af the required setback wou~d severely constrain d~velopment on the praject, an alternative setback would still satisfy private open space requirements, and maintain privacy for the occupants of the project. (k) Al.low an additional story which wot~ld otherwise not be permitted for an existing residential structure pravided all of the following criteria are met: {1) The existing structure has a finished first floar level that is mare than three feet above average natura~ grade or theoretical grade, (2) The street frantage and avera~l massing are compatible with the existing scale and neighborhood context, (3) The addition does nat enlarge the first 43 i floar af the existing residence such that a non-conforming 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 distri~t in which it is located; (5) The addition otherwise conforms ta the regulations of the district in which it is lacated. SECTION 10. Any provision of the Santa Monica Municipal Code or appendices theret~, incansistent with the provisions of this Ordinance, to the extent of such incansistencies and no further, are hereby repealed or modified to that e~rtent necessary to effect the pro~isions of this ~rdinance. SECTION 11. If any section, subsectian, sentence, claus~, or phrase of this Ordinance is for any reason held ta be invaZid ar unconstitutional by a decisian af any court of any competent jurisda.ction, such decision shalZ nat af~ect the valida.ty of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, s~bsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion af the Ordinance would lae subsequent~.y declared invalid vr unconstitutional. 44 1 ~ SECTYON 12. The Mayor shall sign and the City Clerk sha~1 attest t~ the passage of this Ordinance. The City Clerk shall cause this ordinance, or a su~~+ary thereaf to be pub~i.shed once in the official newspaper within 15 days after its adoption. This Ordinance sha11 be effective 30 days from its adoption. APPROVED AS TO FORM: I~ MARSHA JON MdUTRIE City Attorney 45 ~ ~ Mayar Sta~e of California ) Count~~ of Los Angeles } ss C~t~~ of Santa I~~onica } I, Mana M Stewart, City Clerk of the Crty of Santa I~~anica, do hereby certify that the foregoing Ordinance No 18~~4(CCS) had its first readmg on Noverr~ber 28. ~995 and had zts second reading on December 12_ 1995 and was passed by the followmg ~ate Ayes Cauncil members Abdo, Ebner, Genser, Greenberg, Holbroak, O'Connor, Rosenstein I~~oes Council inembers ~Tone Abstain Council members None Absent Counc~l members 1Vone ATTES T !~ ~, , e ~. . \ ~ 1 ~ 01 ~, a~' Gity Clerk '