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SR-8-A (195) ri~ , ;;'; AA ~ -if . t - \ I l> . ... LUTM SF AS f:\plan\share\council\strpt\afford 19ft' CouncIl Mtg. June 14, 1994 Santa Monica, callf~J 4 ~ TO: Mayor and City CouncIl FROM: City Staff SUBJECT Recommendatlon to OrdInance to Amend Munlclpal Code to Ordinance. Introduce ArtIcle Implement for FIrst Reading an IX of the Santa MonIca the Affordable Houslng INTRODUCTION This report recommends that the City CouncIl Introduce for first readlng an ordInance to amend Article IX of the Santa Monica MunlClpal Code to Implement the prOVISIons set forth In Ordinance 1689 (CCS), the Interim ordinance which prOVIdes development standards to facilitate the constructIon of affordable houslng in the CIty. BACKGROUND The Affordable Housing OrdInance was Inltlally adopted as OrdInance 1635 (CCS) In July, 1992 Many of the provisions of thlS ordinance were subsequently Incorporated into the Munlcipal Code with the adoptIon of OrdInance 1687 tCCS) in June, 1993, whIch also lmplemented the Commerclal Development Standards Program The current ordinance amendment addresses the remalnlng weasures of the InterIm ordl~ance, lncludlng the type of housing permltted In each resldential zoning district as well as In the Main Street CommerCIal (CM) District, the Commercial ProfeSSIonal ( CP) DlstrlC::'. Consistent with the InterIm ordlnancer thlS JUN 1 4 1994 () ~ - 1 - ~ 0 .. ~ ordInance proposes an affordable hous1ng height incent1vel addItional proJect development standards for homeless sheltersl congregate housing and transitional hOUSIng, and a new Part on housing development IncentIves. AddItIonal changes have been made to the present 1nterlm standards In order to clarIfy the standards and make them conSIstent WIth eXlstlng Zonlng Ordlnance prOVISIons. The proposed ordInance IS contalned 1n Attachment A. Ord1nance 1689, whIch 1S due to explre on August 12 T 1994 T IS contained In Attachment B ANALYSIS Perm1tted Uses In order to 1ncrease the range of ava1lable hOUSIng opportunities In the City I the proposed ordInance establishes the follOWIng hOUSIng types as eIther perm~tted or conditionally permltted uses In most res1dent1al districts as well as 1n the MaIn Street (CM) and Commercial ProfeSSIonal (CP) dIstrIcts congregate houslng, domestic VIolence shelters, homeless shelters, senior housing, senlor group housing, single room occupancy hOUSIng, and transitional housing. A matr1x showing the proposed permltted and conditionally permitted uses by zone is contained In Attachment C. Affordable Housinq Helqht Incentive The ordinance proposes modlfYlng the property development standards section of each residential dlstrlct as well as the CM and CP dlstricts to allow affordable houslng proJects to be - 2 - constructed wIthout a limIt on the ~umber of stories as long as the bUIldIng height does not exceed the maximum number of feet perml t ted In the dIstrict. ThIS bonus is in addition to any other heIght bonuses that may be recelved for InclUSIon of resldentlal uses In a proJect. ProJe~t Development Standards The project deSIgn and development standards for homeless shelters, transltlonal hOUSIng, and congregate housing are proposed to be modified to include standards for maXImum unit density. This standard IS unchanged from the lnterlm ordInance, however, for clarification, it has been moved to the Property DeSIgn and Development sectIon of the applIcable use. For ho~eless shelters, the addition of SMMC SectIon 9.04.10.02.061(h) would allow homeless shelters, when not developed in an individual unit format, to have a "densltyll of three beds times the maXImum number of dwelling units that would otherwise be permltted in the distrIct. For example, If a total of five dwellIng unlts were permitted by rIght, a homeless shelter would be permItted to have 15 beds. The addltion of SMMC Sectlon 9.04.10 02.142 (b) would allow the same standard for congregate housing and tranSItIonal houslng. ThIS provlslon has been eliminated for SIngle room occupancy (BRO) hOUSIng because the ZonIng OrdInance deflnltlon of SRO Includes a per unIt size limitation WhICh, when combIned wlth the - 3 - setbacks and lot coverage standards In the resIdentIal districts, or the floor area ratIO requirements of the non-residentIal dlstrlcts, establishes sufficient parameters for maXlmum unit denSIty. HOUSlna Develooment Incentives The ordinance proposes modifying Part 9.04.10 14 of the Munlclpal Code regarding denSIty bonuses to establish a new Part on Houslng Development Incentlves. The eXlstlng, district specific, denSIty bonuses for the Ocean Park area are retalned and a Special Housing Development Standards section IS added. The following incentives are proposed: o Helght Bonus. In non-reSIdentIal districts, an affordable hOUSIng proJect may exceed the dIstrIct height limit by 10 feet. In resldentlal dIstricts, an affordable housing proJ ect located on a parcel WhICh abuts or IS located across the alley from a commerc~a1 dlstrlct with a maximum heIght llmlt equal to or greater than the residential dIstrict pitched roof height limit, would not be subject to the pitched roof helght standard. Instead, the project could have a flat roof that achIeves the heIght establIshed for a pltched roof. For example, thIS would allow a project in the North of Wilshire (NW) R2 Distrlct that is adJacent to the C6 Dlstrict along Wllshlre Boulevard to be constructed to a flat roof height of 30 feet instead of a flat roof heIght of 23 feet. This standard, although not currently included in t~e InterIm Affordable Housing Ordlnance, was conslCiered by the Cl ty CounCIl at ItS October 12, 1993 meetIng At that tlme, the CounCIl directed staff to - 4 - include this incentive in future amendments to the Affordable Houslng OrdInance o Densl ty Bonus. In non-resIdentIal dIstricts, the permItted denSIty bonus for affordable hOUSIng projects In the lnterlm ordInance has been modIfied for clarification purposes. Affordable housing projects In non-residential dIstrIcts may have a Floor Area Ratlo (FAR) equal to the FAR appl icable to the dlstrlct, plus 0 5 tImes the FAR devoted to the affordable units. In a mIxed-use projectl the bonus may be utll1zed 1n the res1dent1al port1on of the project only. For example, an affordable housing proJ ect located on a 15/000 square foot parcel in the C6 DIstrIct would have an appllcable FAR of 2.0, or 30,000 square feet. In order to quallfy as an affordable housing project, the Zoning Ordinance reqUIres that no more than one-thIrd of the proj ect be devoted to non-resldential uses. Therefore 1 the minimum residentialjnon-residentlal mlX would be 20,100 square feet for resldentlal uses and 9,900 square feet for non-resIdentIal uses The 0.5 FAR bonus would be based upon the 20,100 square feet, for a total bonus of 10,050 addItIonal square feet. Th1S square footage could be devoted only to resldentlal use In reSIdentIal dIstrIcts, the Interim ordinance denSIty bonus for affordable housing projects has also been modified to clarlfy that proJects only qualify for a 25% local density bonus If the proJect IS also el1glble for the state density bonus. In thlS case, the total density bonus could not exceed 50% of the dIstrIct density standard o Setbacks. Affordable hOUSIng projects located on corner - 5 - parcels, the street frontage of which reqUIres that the property line adjacent to the alley be considered a sIde parcel line, may lnclude one-half of the alley width toward the sideyard setback reqUIrement In no case may thIS setback be less than four feet from the parcel line. o Unexcavated Area. This would allow affordable housing proJects located on parcels greater than 70 feet in width to provIde a four foot unexcavated area along only one slde property line. PLANNING COMMISSION ACTION The Plannlng CommISSIon consIdered the proposed text amendment at Its April 6, 1994 meeting At that tIme, one Planning CommlSSloner expressed the deSIre to require a Conditional Use PermIt for transitlonal housing projects ln resldentlal dlstrlcts However, the ma]Orlty of the Commlssion felt that SInce such uses were reqUIred to prepare written management plans, the CUP would be an unnecessary burden. The Commission voted 6-0, WIth one abstention, to approve the recommended ordInance amendments The PlannIng Commlsslon mInutes are contaIned in Attachment D. PUBLIC NOTIFICATION NotIce of the proposed amendments was publlshed In the Outlook at least ten days prior to the hearing date and mailed to interested partles. A copy of the notIce IS contained In Attachment E. - 6 - BUDGET/FINANCIAL IMPACT The recommendation presented In this report does not have any budget or fiscal impact. RECOMMENDATION It lS respec::.fully recommended that the Council Introduced the attached ordinance for first read1ng Prepared by: SuzanLe Frick, Director Amanda Schachter, SenIor Planner, Planning and Zon1ng D1vision Land Use and TransportatIon Management Department Attac~ments: A. B. C. Proposed Ordinance Ordinance 1689 (CCS) Permitted and ConditIonally PermItted Uses MatrIX April 61 1994 PlannIng CommlsS1on Mlnutes Public Notice D. E. - 7 - ATTACHMENT A nil"" n,~ " L. t, I CA:f:\atty\muni\laws\mhs\afford2 City Council Meeting 6-14-94 Santa Monica, California ORDINANCE NUMBER (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING ZONING AND DEVELOPMENT STANDARDS TO FACILITATE A RANGE OF HOUSING OPPORTUNITIES INCLUDING AFFORDABLE HOUSING WHEREAS I the Santa Monica Task Force On Homelessness ("Task Forcell) recommended that the City council adopt measures to promote the development of affordable housing in Santa Monica; and WHEREAS, the Task Force found that the City's planning and zoning restrictions and implementation make it difficult to develop affordable housing within the City limits, and recommended the modification or elimination of current zoning regulations which slow down or prohibit the development of a range of housing opportunities for the homeless and special needs populations; and WHEREAS, the City council adopted Ordinance Number 1635(CCS) on July 14, 1992 modifying the zoning ordinance on an interim basis to facilitate affordable and special needs housing; and 1 ,.. ,.... " ('I " '_' _' t; J WHEREAS, the city council adopted Ordinance Number 1687(CCS) on June 22, 1993 which made permanent most of the provisions of Ordinance 1635 (CCS) applicable to the commercial districts as part of the Commercial Development Standards programj and WHEREAS, the city council adopted Ordinance Number 1689(CCS) on July 13, 1993 extending for one year the provisions of Ordinance 1635(CCS) applicable to the residential districts and those commercial districts not reviewed as part of the Commercial Development Standards programj and WHEREAS, Ordinance 1689(CCS) will expire on August 12, 1994, and it is therefore necessary to make permanent the amendments to the Zoning Ordinance facilitating affordable and special needs housing related to the residential districts and commercial districts not reviewed as part of the Commercial Development Standards programj and WHEREAS, the Planning Commission held a public hearing on April 6, 1994 concerning the proposed amendments and recommended adoptionj and WHEREAS, the city Council finds that the proposed text amendment is consistent in principle with the goals, objectives, policies, land uses, and programs specified in the adopted General Plan in that it provides standards to facilitate the development of 2 t... r'\ r ! .... li !.... . J a variety of housing opportunities, thereby assisting in the provision of adequate housing for all City residents; and WHEREAS, the City Council finds that the public health, safety, and general welfare require the adoption of the proposed amendment in that the amendment includes incentives to encourage the construction of affordable housing and increase housing opportunities in the City for low and moderate income persons; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. section 9.04.08.04.020 of the Santa Monica Municipal Code is amended to read as follows: 9.04.08.04.020 Permitted Uses. The following uses shall be permitted in the R2R District: (a) Domestic violence shelters. (b) (:l) Hospice facilities. (0) ,'- \ One single family dwelling per lot \~, placed on a permanent foundation (including manufactured housing). (d) ~=~ One duplex on any legal parcel that existed on August 31, 1975. 3 ('0011 (e) ,.:II" ,...., One-story accessory buildings and structures up to 14 feet in height. (f) ,_\ \ -, Public parks and playgrounds. (q) (f) Small family day care homes. (h) 1_\ \'=', Yard sales, limited to two per calendar year, for a maximum of two days. SECTION 2. Section 9.04.08.04.060 of the Santa Monica Municipal Code is amended to read as follows: 9.04.08.04.060 property Development standards. All property in the R2R District shall be developed in accordance with the following standards: (a) Maximum Building Height. Two stories, not to exceed 23 feet for a flat roof or 30 feet for a pitched roof. A "pitched roof" is defined as a roof with at least 2 sides having no less than one foot of vertical rise for every three feet of horizontal run. The walls of the building may not exceed the maximum height required for a flat roof. There shall be no limitation on the number of stories of any Affordable Housing Project, as long as the building height does not exceed the maximum D11mher of feet permitted in this 4 00012 Section. (b) Maximum unit Density. There shall be a minimum of fifteen hundred (1,500) square feet of lot area for each dwelling unit. However, one duplex shall be permitted on any legal parcel that existed on August 31, 1975. (c) Maximum Parcel Coverage. 60%. (d) Minimum Lot size. 3,000 square feet. Each parcel shall have a minimum depth of 100 feet and a minimum width of 30 feet, except that parcels already developed and existing on the effective date of this Chapter shall not be subject to this requirement. (e) Front Yard Setback. 10 feet. (f) Rear Yard Setback. 15 feet. (g) Side Yard Setback. The side yard setback shall be determined in accordance with the following formula, except for lots of less than 50 feet in width for which the side yard shall be 10% of the parcel width but not less than 4 feet: 5' + (stories x lot width) 50' (h) Front Yard paving. No more than 50% of the required front yard area including driveways shall be paved. 5 ri"lilf"" \- v " ~, (i) Building Entrance. The project building entrance shall be parallel with the street. (j) Unenclosed Porches. Unenclosed porches which may be covered by a roof or canopy may encroach a maximum of 6 feet into the required 10 foot front yard setback. SECTION 3. sections 9.04.08.06.020 and 9.04.08.06.030 of the Santa Monica Municipal Code are amended to read as follows: 9.04.08.06.020 Permitted Uses. The following uses shall be permitted in the R2 District: (a) congregate housing. (b) Domestic violence shelters. (c) (a) Hospice facilities. (d) (e) Multi-family dwelling units. One-story accessory bui ldings and I"" \ OJ, 1_' \ ....., structures up to 14 feet in height. (f) I~\ \"'" Public parks and playgrounds. (g) Senior housing. (h) senior group housing. (i) Single room occupancy housing. (j) 1_' \ -, Single family dwellings placed on permanent foundation (including manufactured housing) . (k) (f) Small family day care homes. 6 a f'iln1 A l.,-~-i (1) Transitional housinq. (m) Yard sales, limited to two per J_\ \~I calendar year, for each dwelling unit, for a maximum of two days. 9.04.08.06.030 Uses subj ect to perforaance standards perait. The following uses may be permitted in the R2 District subject to the approval of a Performance standards Permit: (a) Large family day care homes. (b) One-story accessory living quarters, up to 14 feet in height, on a parcel having a minimum area of 10,000 square feet. (c) Private tennis courts. 1....1\ t"I__":__ ___......_ 'L-.._.'I-_-=__ \ -.., ............&.....'W'.&. -=:J.... -....,t' .........~....,.~..,,":::J. SECTION 4. section 9.04.08.06.060 of the Santa Monica Municipal Code is amended to read as follows: 9.04.08.06.060 property Development standards. All property in the R2 District shall be developed in with the following accordance standards: (a) Two stories, not to exceed 30 feet, 7 0001S except that there shall be no limitation on the un.her of stories of any Affordable Housing Project, as lonq as the buildinq heiqht doe s not exceed 30 feet. (b) Maximum unit Density. One dwelling unit for each 1,500 square feet of parcel area. No more than one 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 the effective date of this Chapter. (c) Maximum Parcel Coverage. 50 percent. (d) Minimum Lot 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 the effective date of this Chapter shall not be subject to this requirement. ee) Front Yard Setback. 20 feet, or as shown on the Official oistricting Map, whichever is greater. (f) Rear Yard setback. 15 feet. (g) Side Yard Setback. The side yard setback shall be determined in accordance with the following formula, except for lots of less than 50 feet in width for which the side yard shall be 10% of the parcel width but not less 8 OOO! G than 4 feet: 5' + (stories x lot width) 50' (h) Development Review. A Development Review Permit is required for any development of more than 15,000 square feet of floor area. SECTION 5. Santa Monica Municipal Code Sections 9.04.08.08.020 through 9.04.08.08.040 are amended to read as follows: 9.04.08.08.020 permitted Uses. The following uses shall be permitted in the R3 District: Ca) Congregate housing. Cb) Domestic violence shelters. Cc) (~) Hospice facilities. Cd) Ce) ,.... ~ ''''1 Multi-family dwelling units. (0) One-story accessory bui Idings and structures up to 14 feet in height. cr) Cq) I~\ '-I Public parks and playgrounds. ,-~ '....1 Residential care facilities. Cb) senior housing. Ci) Senior qroup housing. 9 COO~7 (j) (f) Single family dwellings placed on a permanent foundation (including manufactured housing). (k) sinqle room occupancy housinq. (1) ,-\ \.", Small family day care homes. (m) Transitional housinq. (n) n,.. \ \......, Yard sales, limited to two per calendar year, for each dwelling unit, for a maximum of two days. 9.04.08.08.030 Uses subj ect to performance standards permit. The following uses may be permitted in the R3 District subject to the approval of a Performance Standards Permit: (a) Large family day care homes. (b) One-story accessory living quarters, up to 14 feet in height, on a parcel having a minimum area of 10,000 square feet. (c) Private tennis courts. ,...::1\ l""I__":__ ___.._ \0.._"'11"'_':__ ,-, ......-................ --=:JII----.t" ......__....&.....~. 9.04.08.08.040 Conditionally permitted uses. The following uses may be permitted in the R3 District subject to the approval of a Conditional Use Permit: 10 00013 (a) Bed and breakfast facilities. (b) Boarding houses. (c) Child day care centers. (d) community care facilities. (e) Homeless shelters. (q) (f) Neighborhood grocery stores. (h) ,-, ,"=' I Offices and meeting rooms for charitable, youth, and welfare organizations. (1) (h) One story accessory buildings over 14 feet in height or two story accessory buildings up to a maximum height of 24 feet. (f) (e) Places of worship. (j) (i) Residential care facilities. (k) (j) Rest homes. (1) ,...., \.n"l Schools. (m) (1) Underground parking structures provided the parcel was occupied by a surfacing parking lot at the time of adoption of this Chapter, the parcel is not adjacent to a parcel in the C2 District, the ground level above the underground parking structure is used for residential or public park and open space uses, the structure is associated with an adjacent commercially zoned parcel, and the vehicle access to the underground parking is from the commercially 11 00019 zoned parcel and as far from the residentially zoned parcel as is reasonably possible. SECTION 6. section 9.04.08.08.060 of the Santa Monica Municipal Code is amended to read as follows: 9.04.08.08.060. standards. All property in the developed in accordance standards: (a) Maximum Building Height. Three stories, not to exceed 40 feet, except that there shall be no limitation on the number of stories of any Affordable Housing Project, as long as the building height does not exceed 40 feet. (b) xaximum. unit Density. One dwelling unit for each 1,250 square feet of parcel area. No more than one dwelling unit shall be permi tted on a parcel of less than 4,000 square feet if a single family dwelling existed on the parcel on the effective date of this Chapter. (c) xaximum Parcel Coverage. 50 percent. (d) Minimum Lot Size. 5,000 square feet. Each parcel shall contain a minimum depth of Property development RJ District with the shall be following 12 00020 100 feet and a minimum width of 50 feet, except that parcels existing on the effective date of this Chapter shall not be subject to this requirement. (e) Front Yard Setback. 20 feet, or as shown on the Official Districting Map, whichever is greater. (f) Rear Yard Setback. 15 feet. (g) side Yard Setback. The side yard setback shall be determined in accordance with the following formula, except for lots of less than 50 feet in width for which the side yard shall be 10% of the parcel lot width but not less than 4 feet: 5' + (stories x lot width) 50' (h) Development Review. A Development Review Permit is required for any development of more than 22,500 square feet of floor area. SECTION 7. Sections 9.04.08.10.020 and 9.04.08.10.030 of the Santa Monica Municipal Code Sections are amended to read as follows: 13 00021 '.04.08.10.020 Permi~tBd uses. The following uses shall be permitted in the R4 District: (a) congregate housing. (b) Domestic violence sbelters. (e) (~) Hospice facilities. (d) (e) MUlti-family dwelling units. '''''' \-, 1_' \-, One-story accessory buildings and structures up to 14 feet in height. (f) Public parks and playgrounds. ,..:I, \ ...., (q) Senior housing. (h) Senior group housing. (i) (0) Single family dwellings placed on a permanent foundation manufactured (including housing). (j) single room occupancy housing. (k) (f) Small family day care homes. (1) Transitional housing. (m) Yard sales, limited to two per ,-, \":11 calendar year, for each dwelling unit, for a maximum of two days each. '.04.08.10.030 Uses subj ect to performance standards permit. The following uses may be permitted in the R4 District sUbject to the approval of a Performance 14 0002.'"' standards Permit: (a) Large family day care homes. (b) One-story accessory living quarters, up to 14 feet in height, on a parcel having a minimum area of 10,000 square feet. (e) Private tennis courts. 1...3'\ 11:"'I__':__ ___""''''_ "k_......_.:__ \.....J .....-........-.... ":'....--t' .&4_-............J.~.. SECTION 8 . section 9.04.08.10.060 of the Santa Monica Municipal Code is amended to read as follows: 9.04.08.10.060. Property development standards. All property in the R4 District shall be developed in accordance with the following standards: (a) Maximum Buildinq Beiqht. Four stories, not to exceed 45 feet. There shall be no limitation on the number of stories of any hotel, e!!' parking structure, or Affordable Housinq Project, so long as the building height does not exceed 45 feet. (b) Maximum unit Density. One dwelling unit for each 900 square feet of parcel area. No more than one dwelling unit shall be permi tted on a parcel of less than 4,000 15 00023 square feet if a single family dwelling existed on the parcel on the effective date of this Chapter. (c) Maximum. Paroel Coverage. 50 percent. (d) Minimum. lot 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 the effective date of this Chapter are not subject to this requirement. (e) Front Yard setback. 20 feet, or as shown on the Official Districting Map, whichever is greater. (f) Rear Yard Setbaok. 15 feet. (g) Side Yard Setback. The side yard setback shall be determined in accordance with the following formula, except for lots of less than 50 feet in width for which the side yard shall be 10% of the parcel width but not less than 4 feet: 5' + (stories x lot width) 50' (h) Development Review. A Development Review Permit is required for any development of more than 25,000 square feet of floor 16 0002 : area. SECTION 9. section 9.04.08.12.020 of the Santa Monica Municipal Code is amended to read as follows: 9.04.08.12.020 Permitted uses. The following uses shall be permitted in the RVC District, if conducted within an enclosed building, except where otherwise permitted: (a) Arts and crafts shops. (b) Camera shops. (c) congregate housing. (d) (0) Convention and conference facilities. (e) Domestic violence shelters. (f) (q) 1.;1\ \~, Entertainment and cultural uses. ,~\ \...., Gift or souvenir shops. (h) (f) Libraries. (1) 1_\ \"=', Marine oriented uses such as aquariums. (j) I.... \ \ ......, (k) (i) (1) (j) permanent housing) . (Ill) (k) (n) ( 1) Museums. Neighborhood grocery stores. Single family dwellings placed on a foundation (including manufactured MUlti-family dwellings. Night Clubs within hotels. 17 no{\'- j I t _ !" .) (0) ~:~ Retail uses that cater to the visiting public. (p) (q) Public parks and playgrounds. >'_\ ,.., >'_\ '''''''' Residential uses existing at the time of adoption of this Chapter. (r) ,_\ Restaurants. ,~, (s) f_\ Schools. \'Sf (t) Senior housing. (u) senior group housing. (v) single room occupancy housing. (w) (r) Skating rinks. (x) ,_\ Snack shops. '"'" (y) (t) Swim and health clubs. (z) Transitional housing. (a.) The following uses if conducted on eu) the Santa Monica pier or along The Promenade: (1) Amusement and game arcades. (2) Bait shops and fishing supplies. (3) Exhibitions and games. (4) Fish markets. {5} Marine service stations and boat landings on the pier only. (6) Night clubs. (7) Sport fishing. (bb) {v} Accessory uses which are determined by the Zoning Administrator to be necessary and 18 Or100:-' \.; 'J T t customarily associated with, and are appropriate, incidental, and subordinate to, the principal permitted use. (cc)-fwt other uses determined by the Zoning Administrator to be similar to those listed above and which are consistent and not more disruptive or disturbing than permitted uses. SECTION 10. section 9.04.08.12.060 of the Santa Monica Municipal Code is amended to read as follows: 9.04.08.12.060 property development standards. All property in the RVC District shall be developed in accordance wi th the following standards: (a) Maximum Building Height and FAR. Maximum building height, number of stories and floor area ratio shall be determined as follows: 19 (1;"',- 'l~L:{_ I (a) Maximum Building Height and FAR. Maximum building height, number of stories and floor area ratio shall be determined as follows: (1) Properties Maxi- Bounded by Maxi- mum No. Maxi- the Following mum of mum streets Height Stories FAR pier Overlay: a. Santa Monica Pier. The Deauville site to the north, Seaside Terrace to the south, The Promenade to the west, and Ocean Avenue to the east, except parcels fronting on Ocean Avenue. 30' 2 1.0 20 0002~ - b. Parcels 30' 2 .5 fronting on Ocean Avenue. c. Replace- 40' 3 1.0 ment of Sinbad's building only on the Santa Monica Pier. d. Amuse- ment rides on the Santa Monica Pier. 85' for one Ferris Wheel; 55' for one Roller Coaster; 45' for all other amusement rides. West side of Ocean Avenue from Pico Boulevard to Seaside Terrace (Ocean Avenue Fronting Parcels Only) . 45' 3 2.0 East side of Ocean Avenue to First Court 45' 3 2.0 21 00023 from Colorado Avenue to California Avenue. pico Boulevard to Vicente Terrace from west side of Ocean Avenue to The Prome- nade. For parcels located along the Pacific Coast Highway between the Santa Monica Pier and the north city limits. 45' 3 23' flat roof 2 30' pitched roof (2) As used in this Section, a pitched roof is defined as a roof with at least two sides having no less than one foot of vertical rise for every three feet of horizontal run. The walls of the building may 22 2.0 0.5 00030 not exceed the maximum height required for a flat roof. (3) There shall be no limitation on the number of stories of any hotel ~ parking structure, or Affordable Housing project, ao a8 long as the height does not exceed the maximum number of feet permitted in this Section. Maximum building height for the pier platform shall be measured from the pier platform rather than average natural grade. (b) Maximum Unit Density. For parcels located along the Pacific Coast Highway between the Santa Monica pier and the north city limits, those parcels greater than 4,000 square feet, one dwelling unit for each 1,500 square feet of parcel area is permitted. For parcels less than 4,000 square feet, no dwelling units shall be permitted except that one dwelling unit may be permitted if a single family dwelling existed on the parcel on september 9, 1988. No more than one dwelling unit shall be permitted on a parcel 40 feet or less in width. (c) Maximum Parcel Coverage. Seventy (70) percent except that for parcels located along the Pacific Coast Highway between the 23 (1 ('l :', -; .. , -'"- " I Santa Monica pier and the north city limits, the maximum parcel coverage shall be 50 percent. (d) Minimum Lot Size. Five thousand (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 9, 1988 shall not be subject to this requirement. ee) Front Yard Setback. (1) Thirty-five (35) feet along the west side of Ocean Avenue south of Colorado Avenue, 20 feet on the east side of Ocean Avenue south of Colorado Avenue and 5 feet on all other streets, except that for parcels located along the Pacific Coast Highway between the Santa Monica Pier and the north city limi ts, the front yard setback shall be 20 feet or as shown on the Official Districting Map, whichever is greater. (2) At least 30% of the building elevation above 14 feet in height shall provide an additional 5 foot average setback from the minimum required front yard setback. (f) Rear Yard Setback. Fifteen (15) feet, except that for parcels located along the Pacific Coast Highway between the Santa 24 00032 Monica pier and the north city limits, the beach rear yard setback shall be 15 feet for parcels 100 feet or less in depth, 55 feet for parcels over 100 feet in depth. (g) Side Yard Setback. The side yard setback shall be determined in accordance with the following formula, except for lots of less than 50 feet in width for which the side yard shall be 10% of the parcel width but not less than 4 feet: 5 + (stories x lot width) 50' For parcels located along the Pacific Coast Highway between the Santa Monica Pier and the north city limits, at least 25% of the side elevation above 14 feet in height shall provide an additional 4 foot average setback from the minimum side yard setback. (h) Development Review. A Development Review Permit is required for any development of more than 15,000 square feet of floor area on the Promenade, 30,000 square feet of floor area in all other areas of the District, and for any development with rooftop parking. 25 l 00033 (i) view Corridor. For parcels located along the Pacific Coast Highway between the Santa Monica Pier and the north city limits, any structure with 70 feet or more of frontage parallel to Pacific Coast Highway shall provide an unobstructed view corridor between Pacific Coast Highway and the Ocean. The view corridor shall be a minimum of 20 continuous feet in width measured from the property line abutting and parallel to Pacific Coast Highway and shall remain unobstructed by any structure or portion thereof. (j) Parking. For parcels located along the Pacific Coast Highway between the Santa Monica pier and the north city limits, uncovered parking may be located in the front half of the parcel and within the required front yard setback. SECTION 12. Sections 9.04.08.28.020 through 9.04.08.28.040 of the Santa Monica Municipal Code are amended to read as follows: 9.04.08.28.020 Permitted uses. The following uses are permitted in the "CW' Main Street Commercial District, if the use is a single use occupying less than 7,500 square feet, and is conducted within an enclosed building, the 26 00034 ground floor Main street frontage of which does not exceed 75 linear feet, unless otherwise indicated: (a) Appliance repair shops. (b) Art galleries. (e) Artist studios. (d) Banks and savings and loan institutions. (e) Barber and beauty shops. ( f) Bed and breakfast facilities provided that any dining facility shall be limited to use by registered guests only. Only two such facilities may be permitted in the district. (g) Child day care centers. (h) congregate housing. (1) Domestic violence shelters. (j) 11- \ Florists and plant nurseries. ,...., (k) (i) Furniture upholsterer's shops. (1) (j) General offices. (m) (k) General retail uses. (n) Homeless shelters with less than 55 beds. (0) (1) Laundromats, dry cleaners. (p) (m) Libraries. (q) Medical, dental and optometrist ,_\ \.... , facilities above the first floor provided the use does not exceed a maximum of 3,000 square feet. (r) Multi-family dwelling units. (8) Print or publishing shops. ,~\ \'"'1 27 E: 00033 (t) i_\ \t'1 Restaurants with 49 or less seats. ,_\ \":11 ~",.-,...._-~ _....._~--~- &__ -1......._ .....___, ___ .._r': ~l... ~^ ....._......._...___ ... ~ v~.a ...,..., , --- ~--- 1.._...3~ ---- . (U) Senior housing. (v) senior group housinq. (w) i_\ \.. 1 Shoe repair stores. (x) sinqle family dwelling units. (y) sinqle room occupancy housinq. (z) (0) Tailors. Caa) (t) Theaters with 75 or less seats. Cbb) Transitional housing. Cce) (u) Wholesale stores where the public is invited. 9.04.08.28.030 Uses subject to performance standards permit. The following uses may be permitted in the eM District subject to the approval of a Performance standards Permit: 1_' n__.:...::I___......:...1 ...___ _'-_.......- ...1-_ ~.:__..... ~,___ \-'J ..,......._..._........&,....L"""'-.L. '-4...,.......... ....~.......y...... ..........a....... ...........L.__ ....~__...... Ca) {b} Sidewalk cafes. 9.04.08.28.035 Uses subject to a use permit. (a) outdoor newsstands. 28 0003 G 9.04.08.28.040 conditionally permitted uses. The following uses may be permitted in the eM District subject to the approval of a Conditional Use Permit: (a) Bars; (b) Billiard parlors; (c) Bowling alleys; (d) Business colleges; (e) catering businesses; (f) Dance studios; (g) Exercise facilities; (h) Fast-food and take-out establishments; (i) Homeless shelters with SS or more beds; (j) (i) Medical, dental and optometrist facilities at the first floor or in excess of 3,000 sq. ft.; (k) (j) Meeting rooms for charitable, youth and welfare organizations; Museums; Music conservatories and instruction (1) (k) (II) (1) facilities; (n) 1_\ \~I (0) 1_\ \.41 (p) (0) Places of worship; Restaurants with 50 seats or more; Retail stores with 30 percent or less of the total linear shelf display area devoted to alcoholic beverages; 29 00037 ,_\ \ 1:'" Sign painting shops; (q) (r) (8) (t) ,-\ \'SI Theaters having more than 75 seats. ,-\ \... I Trade schools; (0) Wine shops devoted exclusively to sales of wine. There shall be not limit on the total linear shelf display area; (u) (t) Any otherwise permitted uses in the CM Main Street Commercial district which occupy more than 7,500 sq. ft. of floor area; (v) eu) Any otherwise permitted uses in the CM Main Street Commercial district ~~~d~~~~d ~~ the ground floor Main Street frontage of which exceeds 75 linear feet; (w) '.,.\ \ W I All uses other than specifically prohibited uses, that are determined by the Zoning Administrator to be similar and consistent with those uses specifically permitted, subject to performance standards, or conditionally permitted. SECTION 13. section 9.04.08 W 28.060 is amended to read as follows: 9.04.08.28.060 Property development standards. For purposes of property development standards, there shall be three zoning classifications within the CM district: CM2, eM3 and CM4. All property in the CM District shall be 30 00030 District CM2 CM3 CM4 developed in accordance with the following standards: (a) Maximum Building Height and FAR. Maximum building height, number of stories and floor area ratio shall be determined as follows: Max. Height Max. No. of Stories 27' 2 35' 3 35' 3 Notwithstanding the above, property in the CM4 District may be developed to a maximum height of 47 feet, 4 stories and a 2.5 FAR, provided the following conditions are met: (1) The fourth floor does not exceed more than 50 percent of the third floor footprint; (2) The fourth floor is set back a minimum of 10 feet from the third floor street frontage(s); (3) The fourth floor is set back a minimum of 5 feet from the third floor side and rear yard building frontages; (4) The fourth floor setback at the 31 Max. FAR 1.5 2.0 2.0 00033 street frontage is devoted to a roof garden or unenclosed terrace; (5) The development includes residential uses equal to or exceeding the floor area of the fourth floor; (6) The front yard setback at the ground floor level is double that required pursuant to subsection (b) of this section. There shall be no limitation on the number of stories of any structure whose floor area contains 50% or more residential uses as long as the height does not exceed the maximum number of feet permitted in the zoning classification of the CM District in which it is located, or as allowed by section 9.04.10.14.030(a) of this Chapter. For purposes of calculating the FAR of any structure within the eM District, multiresidential units devoted strictly to apartment residential uses shall be computed at one-half (1/2) the actual total floor area. (b) Front Yard Setback. A front yard shall be provided in accordance with Part 9.04.10.04 of this Code. (e) Rear Yard Setback. A rear yard shall be provided and maintained. Said yard shall have a minimum depth as follows: 32 ('.]('40 (1) CM2 District, east of the centerline of Main street. No rear yard shall be required for one-story structures and for the first floor of a two-story structure, provided that any portion of the first floor which is within five (5) feet of the rear property line is not more than nine feet in height and is fully enclosed, Le., without windows, doors or ventilation openings permitting visual access to adjoining residential property. Any portion of the first floor that either exceeds nine feet in height or is not fully enclosed shall be at least five feet from the rear property line. The minimum rear yard requirement for the second-story portion of a two-story structure shall be 20 feet. (i) Use of Rear Yard. Commercial use in the required rear yard is not permitted. Noncommercial uses and parking are permitted in the rear yard to the rear property line on the ground level. (ii) Use of Roof in Rear Yard. No portion of the first-floor roof within 15 feet of the rear property line may be used for any purpose other than access for building maintenance and repair. The remaining setback area may be privately used (not open to the public) if enclosed with a 33 00041 solid six foot barrier. (iii) Exception. There shall be no rear yard setbacks required where existing parking improvements and common ownership extend through to Second street. (2) CM2 District, west of the centerline of Main street. No rear yard shall be required for a one-story structure, provided that any portion of the first-floor structure which is within five feet of the rear property line does not exceed nine feet in height. Any portion of the first floor that exceeds nine feet in height shall be at least five feet from the rear property line. The minimum rear yard requirement for the second story of a two-story structure shall be five feet. (3) CM3 District. Rear yard requirements in the CM3 District shall be the same as those required in the CM2 District, west of the centerline of Main street, for one and two story structures. A minimum 15-foot rear yard setback for any portion of a third story is required. (4) CM4 District. No rear yard setback is required except as may be required in subsection (a) of this section. (d) Side Yard Setback. None. 34 ('..')i~,f~ - .1 "I?_ (e) Development Review. A Development Review Permit is required for any development of more than 11,000 square feet of floor area. SECTION 14. Sections 9.04.08.30.020 through 9.04.08.030.040 are amended to read as follows: 9.04.08.30.020 Permitted uses. The following uses shall be permitted in the CP District, if conducted within an enclosed building, except where otherwise permitted: (a) Adult day care facilities. (b) Artist studios. (c) Barber or beauty shops. (d) Child day care centers. (e) confectionery stores. (f) Congregate housing. (g) (f) Convent, monasteries an other similar group living quarters. (h) ,-\ \ '.:J , Delicatessens. (i) Domestic violence shelters. (j) ,~ \ Drugstores. \....& I (k) (i) Florists. (1) (j) Gift or souvenir shops. (m) Homeless shelters with less than 55 beds. (n) t1. \ Hospitals. \n", 35 00043 (0) (1) Ice cream shops. (p) 1_\ ,-, Medical and dental clinics and laboratories. (q) (r) 1_\ \601 Medical and general offices. 1_\ \...., Medical supplies and services. (8) Kul~i-family dwelling units. (t) 1_\ \1:'1 Offices and meeting rooms for charitable 1 youth, and welfare organizations. ,~\ \ ':it Office supply stores. (u) (v) (w) 1_\ \ - I Public parks and playgrounds. (0) Residential uses including residential uses at the ground floor. (x) (t) Restaurants. (y) (u) Rest homes. (z) 1..\ Sanitariums. \ .. 1 (aa) -tw+ Schools. In\ ~1-._,.a..___ &_- ~"-- "----'--- \~I ........."-'"..................... -.....- .................. ............................"-'--. (bb) senior housing. (ce) senior group housing. (dd) single family dwelling units. (ee) single room occupancy housing. (ff) (y) Stationery stores. (gg) Transitional housing. (hh) (3) Accessory uses which are determined by the Zoning Administrator to be necessary and customarily associated with, and appropriate, 36 0004,~ incidental, and subordinate to the principal permitted uses and which are consistent and not more disturbing or disruptive than permitted uses. eii) ~~~~ other uses determined by the zoning Administrator to be similar to those listed above and which are consistent and not more disturbing or disruptive than permitted uses. 9.04.08.30.030 Uses subject to performance standards permit. The following uses may be permitted in the CP District subject to the approval of a Performance Standards Permit: 1_\ ,..., '1"11__..:....:1__.....:_, .....................................-...........-. ~~t~i~ ~ =i~~= ---..:.--..... ~- ~ .J ~- - . 1'-\ C'I__':__ ___...._ 1-"_'1'1,,,':_- \ -I --..........-.... "='.... '-'......1:' ..."-"""............ ..........~ ill (a) ,-\ \-, Sidewalk cafes. 9.04.08.30.040 Conditionally permitted uses. The following uses may be permitted in the CP District subject to the approval of a Conditional Use Permit: (a) Automobile parking lots and structures. (b) Banks and savings and loan institutions. (c) Clubs and lodges. (d) Credit agencies. 37 0004S (e) credit unions. (f) Dance and exercise studios. (g) Funeral parlors and mortuaries. (h) Homeless shelters with 5S or more beds. (i) ,....\ ,....., Libraries. (j) (i) Places of worship. SECTION 15. section 9.04.08.30.060 of the Santa Monica with Approval of a Development Review Permit Max. No. of stories Municipal Code is amended to read as follows: 9.04.08.30.060. Property development standards. All property in the CP District shall be developed in accordance with the following standards unless otherwise provided in the Hospital Area Specific Plan: (a) Maximum Buildinq Height. Maximum building height, number of stories, and floor area ratio shall be determined as follows: Table 9.04.08.30.060 Hax. Height Max. No. of Max. stories FAR Max. Height CP3 45' 3 1.5 CP5 45' 3 1.5 70' 5 38 Xax. FAR 2.5 0004G There shall be no limitation on the number of stories of any hotel, ef detached parking structure or Affordable Rousing proj ect sa as long as the height does not exceed the maximum number of feet permitted in this Section or as allowed by section 9.04.10.14.030(a) of this Chapter. (b) The main hospital campus of saint John's Hospital and Health Center shall be divided into two parcels for purposes of calculating FAR. Parcel A Lot 13, Block 3, Orchard Tract; Parcel B Lots 429, Tract No. 4618 and Lots 1, 2 and 3, Tract No. 7764. (c) Parking structures developed in the CP District in which at least half of the spaces are provided to address an existing parking space deficiency or are replacing existing parking shall not be subject to FAR limitations, but shall be required to meet all other development standards for the area. Cd) xinimum Lot Size. 7,500 square feet. Each parcel shall contain a minimum depth of 150 feet and a minimum width of 50 feet, except that parcels existing on the effective date of this Chapter shall not be subject to this requirement. 39 rOG~7 ee) Pront Yard Setback. As shown on the Official Districting Map of the City, or, if no setback is specified, 20 feet. (f) Rear Yard Setback. None, except: (1) Where rear parcel line abuts a residential district, a rear yard equal to: 5' + (stories x lot width) 50' The required rear yard may be used for parking or loading to within 5 feet of the rear parcel line provided the parking or loading does not extend above the first floor level and provided that a wall not less than 5 feet or more than 6 feet in height is erected and maintained along the rear commercial parcel line. Access driveways shall be permitted to cross perpendicularly the required rear yard provided the driveway does not exceed the minimum width permitted for the parking area. A required rear yard shall not be used for commercial purposes. (2) That needed to accommodate landscaping and screening for a rear yard buffer required pursuant to the provisions of Part 9.04.10.04. 40 o,n(\Ar"'> U',)Ll.v (g) Side Yard Setback. None, except: (1) Where the interior side parcel line abuts a residential district, an interior side yard equal to: 5' + (stories x lot width) 50' The interior side yard may be used for parking or loading no closer than 5 feet to the interior side property line provided the parking or loading does not extend above the first floor level and provided a wall not less than 5 feet or more than 6 feet in height is erected and maintained along the side commercial parcel line. A required interior side yard shall not be used for access or for commercial purposes. (2) needed accommodate to That landscaping required for a street side yard, landscape buffer and screening pursuant to the provisions of Part 9.04.10.04. C3} A 10 foot setback from an interior property line shall be required for portions of buildings that contain windows, doors, or other openings into the interior of the building. An interior side yard less than 10 feet shall be permitted if provisions of the Uniform Building 41 to- 0004J Code related to fire-rated openings in side yards are satisfied. (h) Development Review. A Development Review Permit is required for any development of more than 22,500 square feet of floor area, for any development with rooftop parking, and to heights and floor area ratios in 9.04.08.30.060(a). (i) All new commercial development in this District shall provide free employee parking and a minimum one hour free visitor parking unless a preferential parking zone exists or is established in the area of the development and the City finds that the preferential parking district will adequately mitigate potential adverse on-street parking impacts of the development, or if otherwise provided in the Hospital Area Specific Plan. SECTION 16. Section 9.04.08.32.020 of the Santa Monica Municipal Code is amended to read as follows: 9.04.08.32.020 Permitted Uses. The following uses shall be permitted in the CC District: (a) Convention and conference facilities. (b) Cultural facilities. 42 00050 Ce) Homeless Shelters. Cd) (0) Nonprofit office, educational and research facilities. ee) I~\ \..., Public institutions. Cf) eg) 1_\ \-, Public parks and playgrounds. Public parking. (f) I_~ ~~_,~___ ~__ ~k_ k___'___ \":=:11 I -...-- _..........., ........,..... -......- ....&_....._~--_. eh) Transitional housing. (i) 1"- \ \&&/ other compatible public uses. Cj) (i) On-premise, accessory uses for any of the above uses, including cafes, restaurants, and newsstands, which are primarily intended to serve visitors and users of the primary uses. There shall be no direct access to any accessory use from the exterior of a building or structure. Access shall be permitted only through a foyer, court, lobby, patio, or other similar area. SECTION 17 . Section 9.04.08.44.020 of the Santa Monica Municipal Code is amended to read as follows: 9.04.08.44.020 Permitted uses. The following uses may be permitted in the OP- 1 District: Ca) Domestic violence shelters. Cb) (3) Hospice facilities. 43 r ,] r 5 : (e) fbt One single family dwelling per lot placed on a permanent foundation (including manufactured housing). (d) I_~ \-, One-story accessory buildings and structures up to 14 feet in height. (e) I.:J\ \ '\,AI Public parks and playgrounds. (f) fer Small family day care homes. (q) (f) State authorized, licensed, or certified uses to the extent required to be permitted by state Law. (h) ,-~ \'.:11 Yard sales, limited to two per calendar year, for a maximum of two days. SECTION 18. section 9.04.08.48.020 of the Santa Monica Municipal Code Section is amended to read as follows: 9.04.08.44.020 Permitted uses. The following uses may be permitted in the OP- Duplex District: (a) Domestic violence sbelters. (b) (~) Hospice facilities. (c) ,.... \ \...., MUlti-family dwelling units. ( d ) ( c ) One-story accessory buildings and structures up to 14 feet in height. (e) ,..1\ \.....1 (f) ,-~ \-, Public parks and playgrounds. Single family dwellings placed on a 44 j- 00052 permanent foundation (including manufactured housing). (q) (f) Small family day care homes. (h) ,-\ \'::111 Yard sales, limited to two per calendar year, for a maximum of two days. SECTION 19. Section 9.04.08.48.060 of the Santa Monica Municipal Code is amended to read as follows: 9.04.08.48.060 Property development standards. All property in the OP-Duplex District shall be developed in accordance with the following standards: (a) Maximum Building Height. Two stories, not to exceed 23 feet for a flat roof or 30 feet for a pi tched roof. A lip itched roof" is defined as a roof with at least 2 sides having no less than one foot of vertical rise for every three feet of horizontal run. The Walls of the building may not exceed the maximum height required for a flat roof. There shall be no limitation on the number of stories of any Affordable Housing project, as long a. the building height does not exceed the maximum DUmber of feet permitted in this section. 45 0005J (b) Maximum unit Density. Two units per lot. No more than one dwelling unit shall be permitted on a lot 4,000 square feet or less in size. (c) Maximum Lot Coveraqe. 50 percent. (d) Minimum Lot size. 5,000 square feet, Each lot shall contain a minimum depth of 100 feet and a minimum width of 50 feet, except that lots existing on the effective date of this Chapter shall not be subject to this requirement. (e) Front Yard Setback. 30 feet measured from the center line of the walkway. (f) Rear Yard setbaek. 15 feet. (g) side Yard Setback. (1) The side yard setback for that portion of a building with a secondary window, blank wall, or primary window on a side yard facing the street (i.e., on a corner lot) shall be determined in accordance wi th the following formula, subject to the exceptions set forth below: 5' + (stories x lot width) 50' (a) On lots of less than 50 feet in width, the side yard shall be 10% of the parcel width but not less than 4 feet. 46 ocr5: (b) On corner lots 50 feet or greater in width, the side yard setback facing a street shall be a minimum of 10 feet. Covered or uncovered stairways or porches not exceeding 35% of the building frontage on the side street may encroach 5 feet into the required side yard. (2) The side yard setback for that portion of a building with a primary window shall be as follows: (a) For lots less than 50 feet in width, a minimum setback of 8 feet shall be provided, as long as at all times a 12 foot separation exists between the primary window and any adjacent structures. (b) For lots 50 feet or greater in width, a minimum setback of 12 feet shall be provided. (3) The second floor side yard setback above a primary window shall not project more than 2 feet into the required side yard setback. (h) Building Spacing. Buildings that face each other on the same lot shall be separated by the following minimum distances: 15 feet if one building has primary windows facing the other; 25 feet when the windows of primary spaces in both buildings face each other on the ground or second 47 ~ 0005S level, except 15 feet when they are visually separated by a solid wall or opaque fence over 5 feet 6 inches in height; 10 feet when secondary windows face each other or when a secondary window faces a blank wall. (i) Landscaping. All areas not covered by buildings, driveways, and sidewalks are to be covered by appropriate landscaping. All new construction that requires issuance of a building permit shall be subject to the provisions of Part 9.04.10.04 of this Chapter. (j) Development Review. A Development Review Permit is required for any development of more than 15,000 square feet of floor area. SECTION 20. sections 9.04.08.50.020 through 9.04.08.50.040 of the Santa Monica Municipal Code are amended to read as follows: 9.04.08.50.020 Permitted uses. The following uses shall be permitted in the OP-2 District. (a) Congregate housing. (b) Domestic violence shelters. (c) (3) Hospice facilities. (d) (b) Multi-family dwelling units. 48 00051~ (8) One-story Accessory buildings and 1_' \-, structures up to 14 feet in height. (f) (g) Public parks and playgrounds. Single family dwellings placed on a ,..:1\ \'-' 1_' \ -, permanent foundation manufactured (including housing) . (h) single room oceupancy housing. (i) (f) Small family day care homes. (j) senior housing. (k) senior group housing. (1) Transitional housing. (m) Yard sales, limited to two per 1_' \"=', calendar year, for each dwelling unit, for a maximum of two days. 9.04.08.50.030 Uses subj ect to performanee standards permit. The following uses may be permitted in the OP-2 District subj ect to the approval of a Performance standards Permit: (a) Large family day care homes. (b) Private tennis courts. ,,_\ ~__..:__ ___""1_ 10.._....._.:__ \""""'1 "'~.&&""""'..L. ~..L.___~ ....&'""-.~..&......".:J. 49 f- 00057 '.04.08.50.040 Condi~ionally permitted uses. The following uses may be permitted in the OP- 2 District subject to the approval of a Conditional Use Permit: (a) Bed and breakfast facilities. (b) Boarding houses. (c) Child day care centers. (d) Community care facilities. (e) Romeless shelters. (f) Libraries. ,-\ \~I (q) (f) Neighborhood grocery stores. (h) Offices and meeting rooms for ,-\ \"='1 charitable, youth, and welfare organizations. (i) (h) One story accessory buildings over 14 feet in height or two story accessory buildings up to a maximum height of 24 feet. (j) (i) Places of worship. (k) (j) Residential care facilities. (1) ,\,.\ ''''1l.1 Rest homes. (m) (l) Schools. (n) Underground parking structures ,-\ \ 1.1.&1 provided the parcel was occupied by a surfacing parking lot at the time of adoption of this Chapter, the parcel is not adjacent to a parcel in the C2 District, the ground level above the underground parking used for is structure 50 00053 residential or public park and open space uses, the structure is associated with an adjacent commercially zoned parcel, and the vehicle access to the underground parking is from the commercially zoned parcel and as far from the residentially zoned parcel as is reasonably possible. SECTION 21. section 9.04.08.50.060 of the Santa Monica Municipal Code is amended to read as follows: 9.04.08.50.060 property development standards. All property in the OP-2 District shall be developed in accordance with the following standards: (a) Xaximum Building Height. Two stories, not to exceed 23 feet for a flat roof or 30 feet for a pitched roof. A "pitched roof" is defined as a roof with at least 2 sides having no less than one foot of vertical rise for every three feet of horizontal run. The walls of the building may not exceed the maximum height required for a flat roof. There shall be no limitation on the n~mher of stories of any Affordable Housing Project, as long as the building height does not exeeed the maximum DUmher of feet permitted in this 51 00053 Section. However, on upsloping parcels where the change in elevation is 10 feet or greater from the finished surface of the sidewalk adjacent to the property line to the building line at the required rear yard setback, maximum allowable height for structures shall conform to the following: (1) One story 14 feet in height (including parapets and rails) for the first 15 feet of horizontal distance on the parcel measured from the front parcel line. Maximum permitted height shall be measured vertically from the edge of the existing sidewalk closest to the front parcel line and then running horizontally along a line parallel to the theoretical grade of the parcel; (2) Two stories 18 feet for a flat roof and 23 feet for a pitched roof (including parapets and railings) for that portion of the structure located between 15.1 feet and 30 feet measured back from the front parcel line. Maximum permitted height shall be measured vertically from the edge of the existing sidewalk closest to the front parcel line and then running horizontally along a line parallel to the theoretical grade of the parcel to a distance of 30 feet from the front parcel line; 52 00060 (3) The maximum permitted height for structures beyond 30 feet from the front parcel line shall be two stories 23 feet for a flat roof or 30 feet for structures with a pitched roof. Maximum permi tted height shall be measured vertically from the edge of the existing sidewalk closest to the front parcel line and then running horizontally along a line parallel to the theoretical grade of the parcel to the rear property line; (4) The finished grade shall be no more than three feet below or above the theoretical grade line at any point adjacent to a building if excavation occurs. An opening to a garage may remain unexcavated; (5) Any portion of a building more than three feet above the theoretical grade shall be counted as a story. The first story of a structure shall be determined as the portion of the structure closest to the front property line that extends more than three feet above the theoretical grade; (6) No portion of any structure shall exceed the maximum allowable height or permitted number of stories. (b) xaximum unit Density. One dwelling unit for each 2,000 square feet of lot area. An additional unit shall be allowed if excess lot area 53 Ouink >t '" '-J..l. equals or exceeds 1,000 square feet, after calculating the allowed number of units at 2,000 square feet of lot area per unit. The density on lots consolidated after the effective date of this Chapter with a total square footage greater than 10,000 square feet or exceeding a combined street frontage of 100 feet shall be one dwelling unit for each 2,500 square feet of combined lot area, except where 100% of the proposed units are deed restricted for very low, low, middle, and/or moderate income housing, in which case the density shall be one unit for each 2,000 square feet of lot area. No more than one dwelling unit shall be permitted on a lot 4,000 square feet or less in size. (c) Maximum Lot coveraqe. 50 percent. 60% for development projects which comply with the density bonus provisions of prior code Section 9047.3. (d) xinimum Lot size. 5,000 square feet. Each lot shall contain a minimum depth of 100 feet and a minimum width of 50 feet, except that lots existing on the effective date of this Chapter shall not be subject to this requirement. (e) Front Yard Setback. 20 feet or 15 feet if the average setback of adjacent dwelling(s) is 15 feet or less. A one-story, covered or uncovered 54 00062 porch, open on 3 sides may encroach 6 feet into a front yard with a 20 feet setback, if the roof does not exceed a height of 14 feet and the porch width does not exceed 40% of the building width at the front of the building. (f) Rear Yard Setback. 15 feet. (q) Side Yard Setback. (1) The side yard setback for that portion of a building with a secondary window, blank wall, or primary window on a side yard facing the street (i.e., on a corner lot) shall be determined in accordance with tie following formula, subject to the exceptions set forth below: 5' + (stories x lot width) 50' (a) On lots of less than 50 feet in width, the side yard shall be 10% of the parcel width but not less than 4 feet. (b) On corner lots 50 feet or greater in width, the side yard setback facing a street shall be a minimum of 10 feet. Covered or uncovered stairways or porches not exceeding 35% of the building frontage on the side street may encroach 5 feet into the required side yard. 55 0006:] (2) The side yard setback for that portion of a building with a primary window shall be as follows: (a) For lots less than 50 feet in width, a minimum setback of 8 feet shall be provided, as long as at all times a 12 foot separation exists between the primary window and any adjacent structures; (b) width, a minimum provided. For lots 50 feet or greater in setback of 12 feet shall be (3) The second floor side yard setback above a primary window shall not project more than 2 feet into the required side yard setback. (h) Building spacing. Buildings that face each other on the same lot shall be separated by the following minimum distances: 15 feet if one building has primary windows facing the other; 25 feet when the windows of primary spaces in both buildings face each other on the ground or second level, except 15 feet when they are visually separated by a solid wallar opaque fence over 5 feet six inches in height; 10 feet when secondary windows face each other or when a secondary window faces a blank wall. 56 f;. 0006-.; (i) Landscaping. All areas not covered by buildings, driveways, and sidewalks are to be covered by appropriate landscaping. All new construction that requires issuance of a building permit shall be subject to the provisions of Part 9.04.10.04 of this Chapter. (j) Usable Private Open Spaee. All ground-level units shall have the following minimum amounts of usable private open space per unit: 100 square feet for projects consisting of at least 2 but not more than 7 dwelling units, and 50 square feet for projects of 8 units or more. Private open space shall include a deck, yard, patio or combination thereof, which is adjacent tO.l accessible from, and at the same or approximate elevation as one or more primary spaces. The minimum dimension of at least one such private open space shall be no less than 7 feet in any dimension. Private open space shall be screened from common open space, driveways and adjacent properties by a substantially opaque wall or fence a minimum of 3 feet 6 inches and a maximum of 6 feet in height, except in the front yard setback area. Required private open space may be reduced by one square foot for each additional square foot of 57 OCC6~ common open space added but in no case leaving less than 50 feet of required private space. All second floor units shall have a balcony or deck of 50 square feet or more, with a minimum dimension of no less than 7 feet in any dimension, which is adjacent to, accessible from, and at the same or approximate elevation as one or more primary spaces of the unit to be served. Roof decks do not meet this requirement. The railing of the balcony or deck shall be substantially opaque to protect the privacy of occupants. First floor private open space may project into the entire width of the side yard, and 10 feet into the required depth of the rear yard. Private open space may project 6 feet into the required front yard as long as its width does not exceed 30% of the building width at the front of the building. (k) Usable Common Open Space. Projects of four or more units shall include a minimum of 100 square feet per unit of usable common open space, accessible and available to all project residents for outdoor activities. Courtyards, entry areas for two or more units, lawns and play spaces which are physically separated from private open space, and active recreation spaces such as swimming pools and sports courts, shall count toward fulfillment of 58 nL"nr.:.... , .~ 0 ~J this requirement. The rear yard may count toward fulfIllment of the common open space requirement, provided it is usable and accessible. side yards and portions of driveways which are decorated or interspersed wi th lawn or other acceptable groundcover may meet a portion of the requirement, SUbject to architectural review, pursuant to Part 9.04.10. The minimum dimension of at least one area of common open space shall be 10 feet in any direction. Any practical combination of lawn, paving, decking, concrete or other serviceable dust free material shall be used to surface common open space areas, with a slope of not more than 5%. A minimum of thirty percent (30%) of the common open space area shall include lawn or other acceptable groundcover. Required open space may not include public or private streets, driveways, or utility easements where the ground surface cannot be used appropriately for open space or front yards. Required common open space may be reduced by one square foot for each additional square foot of private open space added beyond the required private open space. 59 norS7 (l) Development Review. A Development Review Permit is required for any development of more than 15,000 square feet of floor area. SECTION 22. Sections 9.04.08.52.020 through 9.04.08.52.040 of the Santa Monica Municipal Code are amended to read as follows: 9.04.08.52.020 Permitted uses. The following uses shall be permitted in the OP-3 District. (a) Congregate housing. (b) Domestic violence shelters. (0) (a) Hospice facilities. (d) ,....\ \ ...., Multi-family dwelling units. (e) 1_\ \~, One-story Accessory buildings and structures up to 14 feet in height. (f) (g) 1...:1\ \~, Public parks and playgrounds. 1_' \~, Residential care facilities. (h) Senior housing. (i) senior group housing. (j) (f) Single family dwellings placed on a permanent foundation (including manufactured housing) . (k) Single room occupancy housing. (l) 1_' \':JI Small family day care homes. (m) Transitional housing. 60 rt~('b~.' ~ - oJ (n) Yard sales, limited to two per ,.... \ ,ul calendar year, for each dwelling unit, for a maximum of two days. 9.04.08.52.030 Uses subj ect to performance standards permit. The following uses may be permitted in the OP-3 District subj ect to the approval of a Performance standards Permit: (a) Large family day care homes. (b) One-story accessory living quarters, up to 14 feet in height, on a lot having a minimum area of 10,000 square feet. (c) Private tennis courts. ,....:1\ C'I__':__ ___.._ ......._..._-=__ \-1 ...,_...a.~_~ ':J~_......t' .....................,.......&"='. 9.04.08.52.040 conditionally permitted uses. The following uses may be permitted in the oP- 3 District subject to the approval of a Conditional Use Permit: (a) Bed and breakfast facilities. (b) Boarding houses. (c) Child day care centers. (d) community care facilities. (e) Romeless shelters. (f) Places of worship. ,-\ \-, (9) (f) Neighborhood grocery stores. 61 r 0006~ (h) 1_\ \'=', Offices and meeting rooms for charitable, youth, and welfare organizations. (i) ~~~ One story accessory buildings over 14 feet in height or two story accessory buildings up to a maximum height of 24 feet. ej) (i) Residential care facilities. (k) (j) Rest homes. (1) (m) 11, \ \...., Schools. (1) Underground parking structures provided the parcel was occupied by a surfacing parking lot at the time of adoption of this Chapter, the parcel is not adjacent to a parcel in the C2 District, the ground level above the underground parking structure is used for residential or public park and open space uses, the structure is associated with an adjacent commercially zoned parcel, and the vehicle access to the underground parking is from the commercially zoned parcel and as far from the residentially zoned parcel as is reasonably possible. SECTION 23 . section 9.04.08.52.060 of the Santa Monica Municipal Code is amended to read as follows: 9.04.08.52.060 Property development standards. 62 t, 00070 All property in the OP-3 District shall be developed in accordance with the following standards: (a) xaximum Building Reiqht. Two stories, not to exceed 23 feet for a flat roof or 30 feet for a pitched roof. A "pitched roof" is defined as a roof with at least 2 sides having no less than one foot of vertical rise for every three feet of horizontal run. The walls of the building may not exceed the maximum height required for a flat roof. There shall be no limitation on the numher of stories of any Affordable Housing projeet, as long as the building height does no~ exceed the maximum number of feet permitted in this seetioD. (b) Maximum unit Density. One dwelling unit for each 1,500 square feet of lot area. An additional unit shall be allowed if excess lot area equals or exceeds 750 square feet, after calculating the allowed number of units at 1,500 square feet of lot area per unit. The density on lots consolidated after the effective date of this Chapter with a total square footage greater than 15,000 square feet or exceeding a combined street frontage of 150 feet shall be one dwelling unit for each 2,000 square 63 0007~ feet of combined lot area, except where 100% of the proposed units are deed restricted for very low, low, middle, and/or moderate income housing, in which case the density shall be one unit for each 1,500 square feet of lot area. No more than one dwelling unit shall be permitted on a lot 4,000 square feet or less in size. (c) Maximum Lot coverage. 50 percent. 60% for development projects of 6 units or more which comply with the density bonus provisions of prior code section 9047.3. (d) Minimum Lot size. 5,000 square feet. Each lot shall contain a minimum depth of 100 feet and a minimum width of 50 feet, except that lots existing on the effective date of this Chapter shall not be subject to this requirement. (e) Front Yard Setback. 20 feet or 15 feet if the average setback of adjacent dwelling(s) is 15 feet or less. A one-story, covered or uncovered porch open on 3 sides may encroach 6 feet into a front yard with a 20 feet setback, if the roof does not exceed a height of 14 feet and the porch width does not exceed 40% of the building width at the front of the building. (f) Rear Yard Setback. 15 feet. 64 00072 (g) Side Yard Setbaek. (1) The side yard setback for that portion of a building with a secondary window, blank wall, or primary window on a side yard facing the street (i.e., on a corner lot) shall be determined in accordance with the following formula, subject to the exceptions set forth below: 5' + (stories x lot width) 50' (a) On lots of less than 50 feet in width, the side yard shall be 10% of the parcel width but not less than 4 feet. (b) On corner lots 50 feet or greater in width, the side yard setback facing a street shall be a minimum of 10 feet. Covered or uncovered stairways or porches not exceeding 35% of the building frontage on the side street may encroach 5 feet into the required side yard. (2) The side yard setback for that portion of a building with a primary window shall be as follows: (a) For lots less than 50 feet in width, a minimum setback of 8 feet shall be provided, as long as at all times a 12 foot 65 0007~ separation exists between the primary window and any adjacent structures; (b) For lots 50 feet or greater in width, a minimum setback of 12 feet shall be provided. (3) The second floor side yard setback above a primary window shall not project more than 2 feet into the required side yard setback. (h) Building spacing. Buildings that face each other on the same lot shall be separated by the following minimum distances: 15 feet if one building has primary windows facing the other; 25 feet when the windows of primary spaces in both buildings face each other on the ground or second level, except 15 feet when they are visually separated by a solid wall or opaque fence over 5 feet six inches in height; 10 feet when secondary windows face each other or when a secondary window faces a blank wall. (i) Landscaping. All areas not covered by buildings, driveways, and sidewalks are to be covered by appropriate landscaping. All new construction that requires issuance of a building permit shall be subject to the provisions of Part 9.04.10.04 of this Chapter. 66 0007~ (j) usable private Open space. All groundlevel units shall have the following minimum amounts of usable private open space per unit: 100 square feet for projects consisting of at least 2 but not more than 7 dwelling units, and 50 square feet for projects of 8 units 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 one or more primary spaces. The minimum dimension of at least one such private open space shall be no less than 7 feet in any dimension. Private open space shall be screened from common open space, driveways and adjacent properties by a substantially opaque wall or fence a minimum of 3 feet 6 inches and a maximum of 6 feet in height, except in the front yard setback area. Required private open space may be reduced by one square foot for each additional square foot of common open space added but in no case leaving less than 50 feet of required private space. All second floor units shall have a balcony or deck of 50 square feet or more, with a minimum dimension of no less than 7 feet in any dimension, which is adjacent to, accessible from, and at the same or approximate elevation as one or more 67 0007J primary spaces of the unit to be served. Roof decks do not meet this requirement. The railing of the balcony or deck shall be substantially opaque to protect the privacy of occupants. First floor private open space may project into the entire width of the side yard, and 10 feet into the required depth of the rear yard. Private open space may project 6 feet into the required front yard as long as its width does not exceed 30% of the building width at the front of the building. (k) Usable Common OpeD space. Projects of four or more units shall include a minimum of 100 square feet per unit of usable common open space, accessible and available to all project residents for outdoor activities. Courtyards, entry areas for two or more units, lawns and play spaces which are physically separated from private open space, and active recreation spaces such as swimming pools and sports courts, shall count toward fulfillment of this requirement. The rear yard may count toward fulfillment of the common open space requirement, provided it is usable and accessible. Side yards and portions of driveways which are decorated or interspersed with lawn or other acceptable groundcover may meet a portion of the requirement, SUbject to architectural review, pursuant to Part 68 0007G 9.04.10. The minimum dimension of at least one such space shall be 10 feet in any direction. Any practical combination of lawn, paving, decking, concrete or other serviceable dust-free material shall be used to surface common open space areas, with a slope of not more than 5%. A minimum of thirty percent (30%) of the common open space area shall include lawn or other acceptable groundcover. Required open space may not include public or private streets, driveways, or utility easements where the ground surface cannot be used appropriately for open space or front yards. Required common open space may be reduced by one square foot for each additional square foot of pr i vate open space added beyond the required private open space. (l) Development Review. A Development Review Permit is required for any development of more than 15,000 square feet of floor area. SECTION 24. Sections 9.04.08.54.020 and 9.04.08.030 of the Santa Monica Municipal Code are amended to read as follows: 69 00077 '.04.08.54.020 Permitted uses. The following uses shall be permitted in the OP-4 District. (a) Congregate housing. (b) Domestic violence shelters. (0) (3) Hospice facilities. (d) (e) Multi-family dwelling units. /1..\ \-, /_\ ,-, One-story Accessory buildings and structures up to 14 feet in height. (f) Public Parks and playgrounds. /~\ , ...., (q) Senior housinq. (h) senior group housing. (i) single room occupancy housing. (j) single family dwellings placed on a /_\ \ -, permanent foundation manufactured (including housing). (k) (f) Small family day care homes. (1) Transitional housing. (m) Yard sales, limited to two per /_\ \"=', calendar year, for each dwelling unit, for a maximum of two days. 9.04.08.54.030 Uses subj ect to performance standards permit. The following uses may be permitted in the oP- 4 District subject to the approval of a Performance 70 ,- 0 0 0 7 S standards Permit: (a) Large family day care homes. (b) One-story accessory living quarters, up to 14 feet in height, on a lot having a minimum area of 10,000 square feet. (c) Private tennis courts. I~\ r-__': __ ___"''11_ l-.._......_..:__ \-/ --........._.&.. ~~_-..t" ......-......_..a........":J. SECTION 2 5. section 9 . 0 4 . 08.54.060 of the Santa Monica Municipal Code is amended to read as follows: 9.04.08.54.060 Property development standards. All property in the OP-4 Ocean Park High Multiple Residential District shall be developed in accordance with the following standards: (a) Xaximum Building Height. 3 stories, not to exceed 35 feet as measured from theoretical grade. There shall be no limit on the number of stories of any Affordable Housing project, as long as the buildinq height does not exceed the maximum numher of feet permitted in this section. (b) Maximum Unit Density. One dwelling unit for each 1,250 square feet of lot area. An additional unit shall be allowed if excess lot area equals or exceeds 625 square feet, after 71 0007:) calculating the allowed number of units at 1,250 square feet of lot area per unit. (c) Maximum Lot Coverage. 50 percent. 60% for development projects which comply with the density bonus provisions of prior code Section 9047.3. (d) xinimum Lot Size. 5,000 square feet. Each lot shall contain a minimum depth of 100 feet and a minimum width of 50 feet, except that lots existing on the effective date of this Chapter shall not be subject to this requirement. (e) Front Yard Setback. 15 feet minimum, or 10 feet minimum if the average setback of adjacent dwelling(s) is 10 feet or less. An open one-story, covered or uncovered porch open on three sides may encroach 6 feet into a front yard with a 15 foot setback, if the roof does not exceed a height of 14 feet and the porch width does not exceed 40% of the building width at the front of the building. (f) Rear Yard setback. 15 feet. (g) Side Yard Setback. (1) The side yard setback for that portion of a building with a secondary window, blank wall, or primary window on a side yard facing the street (i.e., on a corner lot) shall be determined in accordance with the following formula, subject to the exceptions set forth below: 72 ~ 00050 5' + (stories x lot width) 50' (a) On lots of less than 50 feet in width, the side yard shall be 10% of the parcel width but not less than 4 feet. (b) On corner lots 50 feet or greater un width, the side yard setback facing a street shall be a minimum of 10 feet. Covered or uncovered stairways or porches not exceeding 35% of the building frontage on the side street may encroach 5 feet into the required side yard. (2) The side yard setback for that portion of a building with a primary window shall be as follows: (a) For lots less than 50 feet in width, a minimum setback of 8 feet shall be provided, as long as at all times a 12 foot separation exists between the primary window and any adjacent structures; (b) For lots 50 feet or greater in width, a minimum setback of 12 feet shall be provided. (3) The second floor side yard setback above a primary window shall not project more than 2 feet into the required side yard setback. 73 0008~ (h) Building spacing. Buildings that face each other on the same lot shall be separated by the following minimum distances: 15 feet if one buildinq has primary windows facing the other; 25 feet when the windows of primary spaces in both buildings face each other on the ground or second level, except 15 feet when they are visually separated by a solid wallar opaque fence over 5 feet six inches in height; 10 feet when secondary windows face each other or when a secondary window faces a blank wall. (i) Landscaping. All areas not covered by buildings, driveways, and sidewalks are to be covered by appropriate landscaping. All new construction that requires issuance of a building permit shall be subject to the provisions of Part 9.04.10.04 of this Chapter. (j) Usable Private Open space. All groundlevel units shall have the following minimum amounts of usable private open space per unit: 100 square feet for projects consisting of at least 2 but not more than 7 dwelling units, and 50 square feet for projects of 8 units 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 one or more 74 (10082 primary spaces. The minimum dimension of at least one such private open space shall be no less than 7 feet in any dimension. Private open space shall be screened from common open space, driveways and adjacent properties by a substantially opaque wall or fence a minimum of 3 feet 6 inches and a maximum of 6 feet in height, except in the front yard setback area. Required private open space may be reduced by one square foot for each additional square foot of common open space added but in no case leaving less than 50 feet of required private space. All second floor units shall have a balcony or deck of 50 square feet or more, with a minimum dimension of no less than 7 feet in any dimension, which is adjacent to, accessible from, and at the same or approximate elevation as one or more primary spaces of the unit to be served. Roof decks do not meet this requirement. The railing of the balcony or deck shall be substantially opaque to protect the privacy of occupants. First floor private open space may proj ect into the entire width of the side yard, and 10 feet into the required depth of the rear yard. Private open space may project 6 feet into the required front yard as long as its width does not exceed 30% of the building width at the front of the building. 75 nono'"> r --." "-', I (k) Usable Common Open Space. Projects of four or more units shall include a minimum of 100 square feet per unit of usable common open space, accessible and available to all project residents for outdoor activities. Courtyards, entry areas for two or more units, lawns and play spaces which are physically separated from private open space, and active recreation spaces such as swimming pools and sports courts, shall count toward fulfillment of this requirement. The rear yard may count toward fulfillment of the common open space requirement, provided it is usable and accessible. Side yards and portions of driveways which are decorated or interspersed with lawn or other acceptable groundcover may meet a portion of the requirement, subject to architectural review, pursuant to Part 9.04.10. The minimum dimension of at least one such space shall be 10 feet in any direction. Any practical combination of lawn, paving, decking, concrete or other serviceable dust-free material shall be used to surface common open space areas, with a slope of not more than 5%. A minimum of thirty percent (30%) of the common open space area shall include lawn or other acceptable groundcover. 76 ("r.r~ · I ~_"j Required open space may not include public or private streets, driveways, or utility easements where cannot used the surface be ground appropriately for open space or front yards. Required common open space may be reduced by one square foot for each additional square foot of private open space added beyond the required private open space. (I) Development Review. A Development Review Permit is required for any development of more than 15,000 square feet of floor area. SECTION 26. sections 9.04.08.62.020 and 9.04.08.62.030 of the Santa Monica Municipal Code are amended to read as follows: 9.04.08.62.020 Permitted uses. The following uses shall be permitted in the R2B District. (a) congregate housing. (b) Domestic violence shelters. (0) (~) Hospice facilities (d) One single family dwelling per lot 11...\ ,-, placed on a permanent foundation including Manufactured housing. (e) (0) One-story accessory buildings and structures up to 14 feet in height. 77 00080 (f) i..:l~ ,..../ Public parks and playgrounds. (q) senior housinq. (b) Senior group housinq. (1) single room oceupancy housing. (j) (k) i_\ ,..., Small family day care homes. (f) state authorized, licensed, or certified uses to the extent required to be permitted by State Law. (1) Transitional housing. (m) i_\ \." Yard sales, limited to two per calendar year, for a maximum of two days. 9.04.08.62.030 Uses subj ect to performance standards permit. The following uses may be permitted in the R2B Beach District subject to the approval of a Performance standards Permit: (a) Large family day care homes. (b) One-story accessory living quarters, up to 14 feet in height, on a parcel having a minimum area of 10,000 square feet. (c) Private tennis courts. 1...:1"\ t::'I__':__ ___.._ 1..._.._':__ \ -, ......-.....-.... ~~ -......1:"'" ...._-_...&..~. SECTION 27. sections 9.04.08.64.020 through 9.04.08.64.040 are amended to read as follows: 78 0008G 9.04.08.64.020 Permitted uses. The following uses shall be permitted in the R3R District: (a) Congregate housing. (b) Domestie violenee shelters. (0) (a) Hospice facilities. (d) (e) ,'-\ \-, Multi-family dwellings. (e) One-story accessory buildings and structures up to 14 feet in height. (f) ,..., \-, Public parks and playgrounds. 1_\ n__~~__~~~, ~___ ~__~,~~~__ \ _, ......__........-.-,1.................. ~'-A..L....... ...."'-A'-'.-......._...__. (g) Senior housing. (h) Senior group housing. (i) (f) Single family dwellings placed on a permanent foundation (including manufactured housing) . (j) single room occupancy housing. (k) ,~\ \":111 Small family day care homes. (l) Transitional housing. (m) ,.... \ \..1 Yard sales, limited to two per calendar year, for each dwelling unit, for a maximum of two days. 79 110087 9.04.08.64.030 Uses subj ect to performance standards permit. The following uses may be permitted in the R3R Beach District subject to the approval of a Performance standards Permit: (a) Large family day care homes. (b) One-story accessory living quarter, up to 14 feet in height, on a parcel having a minimum area of 10,000 square feet. (c) Private tennis courts. ,.;1\ \-1 ~~~i~= group ~~~~i~;. 9.04.08.64.040 conditionally permitted uses. The following uses may be permitted in the R3R District subject to the approval of a Conditional Use Permit: (a) Bed and breakfast facilities. (b) Boarding houses. (c) Child day care centers. (d) Community care facilities. (e) Places of worship. (f) Homeless shelters. (g) (f) Neighborhood grocery stores. (h) Offices and meeting rooms for ,-\ \~I charitable, youth, and welfare organizations. 80 00083 (i) {~~ One story accessory buildings over 14 feet in height or two story accessory buildings up to a maximum height of 24 feet. (j) (i) Residential care facilities. (k) (j) Rest homes. (1) ". \ \~"1 Schools. (m) (I) Underground parking structures provided the parcel was occupied by a surface parking lot at the time of adoption of this Chapter, the parcel is not adjacent to a parcel in the C2 District, the ground level above the underground parking structure is used for residential or public park and open space uses, the structure is associated with an adjacent commercially zoned parcel, and the vehicle access to the underground parking is from the commercially zoned parcel and as far from the residentially zoned parcel as is reasonably possible. SECTION 27. section 9.04.08.64.060 of the Santa Monica Municipal Code is amended to read as follows: 9.04.08.64.060 Property development standards. All property in the R3R District shall be developed in accordance wi th the following 81 (1008:-, standards: (a) Maximum Buildinq Reight. Two stories, not to exceed 30 feet, except that there shall be DO limitation on the number of stories of any Affordable Rousing Project, as long as the buildinq heiqht does not exceed 30 feet. (b) Maximum Floor Area Ratio. 1.0. (c) Xaximum Unit Density. For parcels greater than 4,000 square feet, one dwelling unit for each 1,250 square feet of parcel area is permitted. For parcels less than 4,000 square feet, no dwelling units shall be permitted except that one dwelling unit may be permitted if a single family dwelling existed on the parcel on the effective date of this Chapter. (d) xaximum Parcel coverage. 50 percent. (e) Xinimum Lot 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 the effective date of this Chapter sha 11 not be subj ect to this requirement. (f) Front Yard Setback. 20 feet, or as shown on the Official Districting Map, whichever is greater. (g) Rear Yard Setback. 15 feet. 82 00030 (h) side yard Setback. The Side yard setback shall be determined in accordance with the following formula, except for lots of less than 50 feet in width for which the side yard shall be 10% of the parcel width but not less than 4 feet: 5' + (stories x lot width) 50' (i) Development Review. A development Review Permit is required for any development of more than 22,500 square feet of floor area. SECTION 28. Section 9.04.10.02.061 of the Santa Monica Municipal Code is amended to read as follows: 9.04.10.02.061 Homeless shelters. Homeless shelters located in any district shall comply with the following development standards: (a) Lighting. Adequate external lighting shall be provided for security purposes. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of an intensity compatible with the neighborhood. (b) Laundry Facilities. The development shall provide laundry facilities or services adequate for the number of residents. 83 0009: (c) Common Facilities. The development may provide one or more of the following specif ic common facilities for the exclusive use of the residents and staff: (1) Central cooking and dining room(s). (2) Recreation room. (3) Counseling center. (4) Child care facilities. (5) Other support services. (d) security. Parking and outdoor facilities shall be designed to provide security for residents, visitors and employees. (e) Outdoor Activity. For the purposes of noise abatement in residential districts, organized outdoor activities may only be conducted between the hours of eight a.m. and ten p.m. (f) Refuse. Homeless shelters shall provide a refuse storage area that is completely enclosed with masonry walls not less than five feet high with a sOlid-gated opening and that is large enough to accommodate a standard-sized trash bin adequate for use on the parcel, or other enclosures as approved by the Director of General Services and the Architectural Review Board. The refuse enclosure shall be accessible to refuse collection vehicles. 84 00092 (g) Homeless Shelter Provider. The agency or organization operating the shelter shall comply with the following requirements: (1) Temporary shelter shall be available to residents for no more than six months. (2) Staff and services shall be provided to assist residents to obtain permanent shelter and income. (3) The provider shall have a written management plan including, as applicable, provisions for staff training, neighborhood outreach, security, screening of residents to insure compatibility with services provided at the facility, and for training, counseling, and treatment programs for residents. (h) Maximum unit Density. Bomeless shelters located in residential distriets, when not developed in an individual dwelling unit format, shall not be subj ect to the underlying zoning distriet's maximum unit density standard, but the number of beds shall be limited to three (3) times the maximum DUmher of dwelling units which would otherwise be permitted. SECTION 29. Section 9.04.10.111 of the Santa Monica Municipal Code is amended to read as follows: 85 n0093 9.04.10.02.111 Residential uses in c~mm4rcial districts. Single family dwelling units, multi-family dwelling units, congregate housing, transitional housing, single room occupancy housing, and senior housing, located in the BCD, C2, C3, C3C, C4, C5, C6, CH, CP, and M1 Districts shall comply with the following standards: (a) Location. Residential units may be located on the ground floor provided they are at least 50 feet from the front property line. This requirement may be altered through approval of a variance. This requirement shall not apply to developments in the BCD, C5, CP, or Ml Districts, or to Affordable Rousing projects. (b) Access. The residential units shall have a separate and secured entrance and exit that is directly accessible to the parking. (c) Refuse storage and Location. The residential units shall maintain a separate refuse storage container separate from that used by the commercial and manufacturing business. It shall be clearly marked for residential use only and use by commercial and manufacturing businesses shall be prohibited. 86 n 0 0 9 .; SECTION 30. Section 9.04.10.02.142 of the Santa Monica Municipal Code is amended to read as follows: 9.04.10.02.142 Transitional and congregate housing. Transitional and congregate housing located in any district shall be subject to the following standards: Ca) The transitional housing or oongregate housing provider shall have a written management plan including, as applicable, provisions for staff training, neighborhood outreach, securi ty , screening of residents to insure compatibility with services provided at the facility, and for training, counseling, and treatment programs for residents. (b) Maximum Unit Density. In residential distriets, congreqate housing, when not developed in an individual dwelling unit format, and transitional housing, shall not be subject to the underlying zoning district's maximum unit density standard, but the numher of beds shall be limited to three (3) times the maximum DUmher of dwelling unit. which would otherwise be permitted. SECTION 31. Part 9.04.10.14 of the Santa Monica Municipal Code is amended to read as follows: 87 (l009~ Part Incentive. 9.04.10.14 Housing Development m...._ 9.04.10.14.010 _& _&&__-3_1...'_ ----....----- ....1.1_...._.:_.._ -...- -.... ."'-" """..... , ....:1..:-...-.:-.....- ----- ----, ------.....:-- -_......~-- -~_.... _...._---~-- -.....-.... -- --.... _.._, ..: __..:I 'W........... .................. &_- --- ~....- .....:~'--.:- ........ 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'L._....._.:__ ..._-_.....~ _& ___l..._.....___.....- ...._......8..."-'"_ .. ___ _..,..:_,- ....--- -"'1:''''- &__..: 1..,... ...w-.a.u.~....~ 'L..._....._.:__ ...._--_..~ "______~ ___4__._ ~~~~~~~~ ~~~J---- ~-~ ..:__1.......:1- ~.._~............... ---- ..LL.....~ '-" .....-.:....- .......&.L ..._ 1.. .. -.z _.:_1,."..... .. ~":J"&- ---....... ---.... ~.:___.:_"'-I- -....--.. ....-- - ......_...3__ -..---- _......__..:1__...::1_ - -.................................., ___...,....:....':I_....:J y.....-............-- -" ~~~ -...::1...:1":....:---, '-'A"'-A......~~..L..........-...... ______~..... ....::1:-......-, __........__~ r--.t"'-... -z -_..._...._~.&...._.....- ~- , -..-- ..._...._~ ...._n__1-._'~_ ......_-.__.....-..........~ -~~..:.....: -- .....- ---- -....-... ...........-...... -........- ....-..:.....- -........-- . .. ----- ........_-~I-I-- _....._..:, _1.-..1_ ....'11'............---....- --..::1- ___......: ___...3 ..........."::1""4..... '-'-4 ~1....':_ .................,;;11 1.... OJ.z ~..1..~....__..__ Il..;a' -.AJ-.....""",t' ............. . =-~;:.::::i~y bonUDCD ......._ ,...: .-.. ...:3__': ___ +-_ 'L-.._Tr_ ____~ _, ....::1___": ....... 1-__'11"-____ w-....~ """'......J '-A.......~... '-'MIl' ............ ..s........... - -.f'#..............-..... ......""'...............J ...,..........._-- pc~=i~t== =y =~~~~ , -.. .........., .&__ -4-1.r.._ ^____ "__1, n': _...._.: _.._ .. ~~ "'--...- ----.. ---- -.... -- --. The City recognizes that there is a growinq city, need for a range of housing opportunities in the housing, eongregate including transitional housing, homeless shelters, single room occupancy 88 ....- ...u DOD9S housing, and affordable housing whieh is deed restricted or restricted by an agreement approved by the city. The standards allowed in this section are intended to facilitate the development of such alternative housing developments in the city. 9....10.1...020 Ocean Park density bonuses. Density bonuses shall be awarded for affordable housing projects in the following districts according to the following formulas: (a) OP-2 District. Projects of 4 or more units may be developed with up to 75% more units than allowed by the district density standards when all of the density bonus units are permanently deed-restricted for low income households. Projects of 3 units may receive a bonus of one unit when the density bonus unit is permanently deed- restricted for a middle income household. A density bonus of 25% as mandated by the state of California is available for projects of 5 or more units, which meet state requirements, but do not meet the standards of this subsection. (b) OP-3 and OP-4 Districts. Projects of 4 or more units may be developed with 50% more units than allowed by the district density standards when all of the density bonus units are permanently 89 0009; deed-restricted for low income households. Projects of 3 or 4 units may receive a bonus of one uni t when the dens i ty bonus unit is permanently deed-restricted for a middle income household. A density bonus of 25% as mandated by the state of California is available for projects of 5 or more units, which meet state requirements, but do not meet the standards of this subsection. (c) In calculating density bonus units, all fractional units shall be rounded up to the next highest whole number of units. 9.04.10.14.030 Special housing development standards. The following development standards shall apply to Affordable Housing Projects: (a) Height Bonus. (1) Non-residential districts. The height of an Affordable Rousing Project located in . non-residential district may exceed by 10 feet the maximum number of feet allowed in the underlying zoning district. (2) Residential districts. Affordable Housing Projects located in residential districts, OD parcels which abut or are loca ted across an 90 0009~ alley fro. a non-residential district with a aaximum height limit equal to or greater than the height limit for a pitehed roof in the residential distriet, shall not be subject to the requirement for a pitched roof and the flat roof may achieve the height established for a pitched roof. (b) Density Bonus. (1) Affordable Rousing Projeets in non- residential districts. Affordable Housing Projects located in non-residential zoning districts may have a Floor Area Ratio equal to the applicable FAR plus 0.5 times the floor area devoted to such units. In mixed-use projects, such bonus may be utilized in the residential portion of the projeet only. To the extent a proj ect qualif ies for a density bonus under state law, any bonus granted under this subsection shall be counted toward satisfying the state density bonus requirement. (2) Affordable Housing projeets in residential districts. Affordable Housing Projeets located in residential districts developed with individual dwelling units, which meet the requirements for a density bonus under state law, are also entitled to a separate local density bonus of 25%. Any density bonus received for affordable housing pursuant to other zoning ordinance 91 {'('('on I ....,....1 v ~t provisions shall count toward the local density bonus, so that in no event shall the total density bonus for affordable housing under local provisions exceed 25%, or the total density bonus ineludinq the state density bonus exceed 50 t. (c) Setbacks. Affordable Housing Projects located on a corner parcel, the street frontage dimensions of which requires that the property line adjacent to the alley be deemed a side pareel line, aay eount one-half of the width of the alley as a portion of the required side yard setback, as long as a minimum setback of 4 feet from the property line is maintained. (d) Unexcavated area. Affordable Housing Projects need only provide and maintain the unexcavated area required by section 9.04.10.02.170 of the Santa Konica Municipal Code on one side of the property. SECTION 32. Any provision of the Santa Monica Municipal Code or appendices thereto, inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. 92 0010l' SECTION 33. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 34. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall be effective 30 days from its adoption. APPROVED AS TO FORM: ~l>'--~ Ata,.~ MARSHA JONES OUTRIE city Attorney 93 0010~ ATTACHMENT B (lCl0~ CA:MHS:hsg2/pc city council Meeting 7-13-93 Santa Monica, California ORDINANCE NUMBER 1689 (CCS) (city council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MODIFYING ZONING AND DEVELOPMENT STANDARDS TO FACILITATE AFFORDABLE HOUSING WHEREAS, the Santa Monica Task Force On Homelessness ("Task Force") has recommended that the City Council adopt measures to promote the development of affordable housing in Santa Monica; and WHEREAS, the Task Force has found that the city's planning and zon1ng restr1ct1ons and implementation make it difficult to develop affordable houslng within the City limits, and has recommended the modif1cation or elimination of current zoning regulations which slow down or proh1bit the development of a range of housing opportun1ties for the homeless and special needs populations, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Findinqs and Purpose. The City Council finds and declares: (a) There 15 a growing population of homeless and other persons 1n the City in need of a range of housing opportunities lncludlng transltional housing, congregate houslng, homeless shelters, single room occupancy housing units and deed-restricted or restricted by an agreement approved by the City affordable housing. 1 it\' \'\ l' I"' '" . . ,1.J (b) The lack of a range of housing opportunities, particularly affordable housing, threatens the public peace, health and safety. (e) There are several projects currently proposed or contemplated which, if completed, would help meet the need for affordable housing in the city. Present zoning restrictions hinder the'development of these projects. (d) The Zoning Ordinance requires review and revision with respect to eliminating barriers to the development of affordable housing. (e) Pending such review and revision, and in order to facilitate the processing and development of currently pending or contemplated affordable housing projects, it is necessary to modify on a temporary basis the zoning standards governing the development of affordable housing. (f) This Ordinance is adopted pursuant to Santa Monica Munlcipal Code Sectlons 9.04.20.16.020 through 9.04.20.16.040. A resolutlon of lntention was adopted by the Planning Commisslon on April 29, 1992. The Planning Comm1ssion held public hearings regardlng the recommended amendment on May 13, 1992, May 27, 1992, and June 3, 1992, made findings pursuant to 9120.3, and recommended the amendment to the City Council. (g) On July 14, 1992, the City Councll adopted Ordlnance Number 1635 (CCS) to implement the above modifications to the Zonlng Ordinance. Ordinance Number 1635 (CCS) will expire August 14, 1993, unless extended by the council for one year, pursuant to Section 10 of that Ordlnance. On June 15, 1993, the City Council introduced 2 00104 for first reading an Ordinance making permanent most of the provisions of Ordinance 1635 (CCS) which relate to the commercial districts involved in the Commercial Development Standards Program. It is the purpose of this Ordinance to extend for one year those portions of Ordinance 1635 (CCS) which relate to the residential districts and those related to commercial districts not reviewed as part of the Commercial Development Standards Program. SECTION 2. Zonina and Develooment Standards. Notwithstanding any provisions of the Santa Monica Municipal Code to the contrary, the following zoning and development standards shall apply to the following types of housing: (a) Permitted Uses. In addition to the uses currently permitted ln the zone, the following use shall be a permitted use in the Rl dlstrlct: domestic violence shelters. In addition to the uses currently permitted ln the zone, the following uses shall be permitted uses in the R2, R2B, R3, R3R, R4, OP2, OP3, OP4, and RVC districts: senior housing, sen~or group houslng, transitional housing, single room occupancy housing, congregate housing, and domestic violence shelters. In addition to the uses currently permitted in the zone, the followlng uses shall be permitted uses ln the OP-l, OP Duplex and R2R districts: domestic violence shelters. In addition to the uses currently permitted in the zone, the followlng uses shall be permltted uses in the eM and CP districts: slngle family dwelllng units, multi-family dwelling units, homeless 3 00105 shelters with less than 55 beds, congregate housing, transitional housing, single room occupancy housing, senior housing, senior group housing, and domestic violence shelters. In addition to the uses currently permitted in the zone, the following use shall be permitted in the CC district: transitional housing. (b) Conditionally Permitted Uses. In addition to the uses currently conditionally permitted in the zoning district, the following uses shall be conditionally permitted uses in the R3, R3R, R4, OP2, OP3, OP4, and RVC districts: homeless shelters. In addition to the uses currently conditionally permitted in the zoning distr:lct, the following use shall be conditionally permitted in the eM and CP districts: homeless shelters with 55 or more beds. (c) Maximum Building Height. In residential districts, eM, and CP zoning districts, there shall be no limitation on the number of floors of any Affordable Housing Project, as long as the building height does not exceed the maximum number of feet allowed in the underlying zon1ng district, or as allowed in section 3(d) of this Ordinance. (d) Height Bonus In Non-Residential Districts. The height of an Affordable Housing project located in a non-residential district may exceed by 10 feet the maximum number of feet allowed in the underlY1ng zon1ng district. This provision shall not be applicable to proj ects which have already received a height bonus under an exist:lng Zoning Ordinance provision. 4 00105 (e) Haximum Unit Density. Affordable Housing projects developed with individual dwelling units are entitled to a local density bonus equivalent and in addition to the state density bonus. This provision shall not be applicable to projects which have already received an equivalent density bonus under existing Zoning ordinance provisions. In mUlti-family districts, congregate housing, single room occupancy housing, and homeless shelters, when not developed in an individual dwelling unit format, and transitional housing shall not be subJect to the district's maximum unit density standard, but the number of beds shall be limited to 3 times the maximum number of dwelling units which would otherwise be perm1tted. (f) setback Requirements. Affordable Hous1ng projects located on a corner parcel, the street frontage dimension of which requires that the property line adjacent to the alley be deemed a side parcel line, may count one-half of the width of the alley as a portion of the required side yard setback, as long as a minimum setback of 4 feet from the property line is maintained. Affordable Housing Projects need only provide and maintain the unexcavated area required by section 9.04.10.02.170 of the Santa Monica Municipal Code on one side of the property. SECTION 3. Development Standards ADDlicable to Homeless Shel ters. Notwi thstanding any provisions of the Santa Monica Municipal Code to the contrary, homeless shelters shall not be subject to the issuance of a performance standards permit in any 5 00107 zoning district, but homeless shelters located in any residential district, the eM or CP zoning districts shall comply with the development standards set forth in zoning Ordinance section 9.04.10.02.061. , SECTION 4. Developme~t Standards Aoplicable to Senior GrOUD Housinq. Notwithstanding any provisions of the Santa Monica Municipal Code to the contrary, senior group housing shall not be subject to the issuance of a performance standards permit in any zoning district, but senior group housing located in any residential district, the CM or CP zoning districts shall comply with the development standards set forth in Zoning ordinance section 9.04.10.02.141. SECTION 5. Develonment Standards Applicable to Transitional and Conqreqate Hous1nq. Transitional and congregate housing located ~n any res~dential district, the CM or CP zon1ng districts shall be subject to the development standard set forth 1n Zoning Ordinance Section 9.04.10.02.142. SECTION 6. Development standards Applicable to Residential Uses in the CM, CP and CC Districts. Notwithstanding any provisions of the Santa Monica Municipal Code to the contrary, residential uses located in the CM, CP or CC zoning districts shall not be subject to the issuance of a performance standards permit, but the following development standards shall apply. single family dwelling units, 6 00103 multi-family dwelling units, congregate housing, transitional housing, single room occupancy housing, senior housing, and transitional housing shall comply with the following development standards: (a) Location. The residential units shall not be located on the'ground floor street front except where specifically permitted. Residential units may be located on the ground floor provided they are at least 50 feet from the front property line. This requirement may be altered through approval of a variance. This requirement shall not apply to developments in the CP districts, or to Affordable Houslng ProJects. (b) Access. For new construction projects, the residential units shall have a separate and secured entrance and exit that is directly accessible to the parking. Existing and new construction proJects shall have a secured parking entrance. (c) Parking. Residential use parking shall comply with Part 9. 04 . 10. 08 of the Zoning Ordinance, except as modif ied by this Ordlnance. parking may be shared when the commercial or manufacturing use generates a parking demand primarily during the hours of 8:00 A.M. to 5:00 P.M., Monday through Friday. (d) Noise. Resldential units shall be constructed so that lnterlor noise levels do not exceed 55 decibels for more than 60 mlnutes in any 24 hour period and 45 declbels for more than 30 mlnutes between the hours of 11:00 P.M. and 7:00 A.M. (e) Lighting. All lighting shall comply with Section 9.04.10.02.270 of the Zoning Ordinance. 7 00109 (f) Design. For new construction, the floors devoted to residential units shall provide an exterior appearance and character which denotes it as housing and is visibly different from the commercial or manufacturing floors through the use of patios, changes in fenestration, and appropriate levels of detail, while maintaining a cohesive quality. (g) Landscapinq_ On-site landscaping shall be installed and maintained to the standards outlined in Part 9.04.10.04 of the Zoning Ordinance. (h) Refuse storaqe and Location. The residential units shall maintain a refuse storage container separate from that used by the commercial or manufacturing business. It shall be clearly marked for residential use only and use by commercial or manufacturing businesses is prohibited. SECTION 7. Parkinq standards. Notwithstanding any provisions of the Santa Mon~ca Municipal Code to the contrary, the following parking standards shall apply to the following types of housing located ~n any district: Unit Type Spaces Required Compact percentaqe Congregate Housing 1 space/5 beds 40% Housing Units Deed- Restricted or restricted by an agreement approved by the city for Low and Moderate Income: studio, no bedroom 1 bedroom 2 bedroom or larger Visitor 1 space/unit 1 space/unit 1. 5 space/unit 1 space/5 units 40% 40% 40% 40% 8 00110 Senior Housing and senior Group Housing 0.5 space/unit 40% Visitor 1 space/S units senior Housing and Senior Group Housing Deed Restricted or restricted by an agreement approved by the City for'Low and Moderate Income 0.25 space/unit 40% Visitor 1 space/S units 40% Homeless Shelters 1 space/IO beds 40% Domestic Violence Shelter 0.5 spaces per bedroom 40% Single Room Occupancy 0.5 space/un~t 40% Visl.tor 1 space/S units Single Room Occupancy Deed Restricted to Low and Moderate Income 0.25 space/unit 40% Visitor 1 space/5 units 40% Trans1tional Housing 0.5 space/bedroom 40% Visl.tor 1 space/5 unlts SECTION 8. Dens~ty Bonus for Affordable Housinq in Non- Residential Districts. In addition to any other applicable provision of this ordinance, Affordable Housing Projects located in non-res~dential zoning districts may have a Floor Area Ratio equal to the applicable base FAR limitation of the underlying zoning dlstrlct plus 0.5 times the floor area devoted to such units. In ml.xed-used proJects, such bonus may be utilized in the resldential portion of the project only. This section ~s not applicable to projects which have already received a FAR bonus pursuant to zoning 9 f" .J f ~ I- ordinance provisions providing a FAR bonus for projects which include affordable residential units. To the extent a project qualifies for a density bonus under state law, any bonus granted under this section shall be counted toward satisfying the state density bonus requirement. SECTION 9. This ordinance shall be of no further force and effect one year from its effective date. SECTION 10. Any provision of the Santa Monica Mun1cipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect the prov1sions of this ord~nance. SECTION 11. If any section, subsection, sentence, clause, or phrase of this ordinance ~s for any reason held to be invalid or unconst1tut~onal by a dec~sion of any court of any competent jur~sd~ction, such decision shall not affect the validity of the rema~n1ng portions of this ordinance. The c~ty Council hereby declares that it would have passed this ordinance, and each and every section, subsection, sentence, clause, or phrase not declared 1nvalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. 10 00112 SECTION 12. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective upon 30 days after its adoption. SECTION 13. The applicant for any project for which an application has been filed but not approved at the time this Ordinance becomes effective can elect to have the provisions of this ordinance apply to the project. APPROVED AS TO FORM: ~~ JOSt'f>H LAWRENCE Acting City Attorney 11 0011.3 Adopted and approved this 13th day of July, 1993. a.d~ /v Mayor I hereby cert~fy that the foregoing Ordinance No. 1689(CCS) was duly and regularly 1ntroduced at a meet1ng of the City Counc11 on the 29th day of June 1993; that the sald Ordinance was thereafter duly adopted at a meeting of the C~ty CounC1l on the 13th day of July 1993 by the following Council vote: Ayes: Councilmembers: Abdo, Genser, Greenberg, Holbrook, Olsen, Rosenste~n, Vazquez Noes: Counc~lmembers. None Absta~n: Counc1lmernbers: None Absent. Councilmembers' None ATTEST: ,/ /,'/ /Jr //V/ ~ ..;1: J ! 1)/ - . ~[{1A..{~L (-;, !\::/y ~ --- C1ty Clerk I' OOll~ ATTACHMENT C " 0 1 · - 'I 1,-- '10. r _J ...J < Zl.) oz i=;:;l -::::> ~O <J: c.::: ~ ~> OUQ Ozz c.:::~t;; ~~~x l.)uO z~J: tI) I- U' Cl:: I- 'J) - c ~ z z o N >- c::l 'J) 1.1.I Q. >- I- ~ Z 'J) ~ 0' :I: C w ~ ~ Cl: W ~I Q UWtI) ~ I- U e.::: o V'lzw Q..,ww~X ~:~O:I: Q.. C > tI) c.. ::::> Or...? c.:::Z Ljt;; e.:::~ 00 -J: Z w tI) Q Ie.::: z I Q t;; I z::::> wo . tI) ! J: rJ'JrJ) ~e.::: ....IW ,w I- o ...J ,~ W OJ: J:rJ) w ~I.) I.)Z w - c.:::rJ) I.)~ :z 0 OJ: 'u w Z ,0 ,N x x x x :::Q N e.::: x x x x c.. ::::> U U'l CIJ II.. ::J C'" CIJ e.::: x x M c.::: x x x x x x x c.. c.. ::::> ......~ U ;U U'l l:: U'l ~ CIJ Q,I II.. II.. 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MINUTES REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA MONICA WEDNESDAY, APRIL 6.1994 700 P.M CITY COUNCIL CHAMBERS 1685 MAIN STREET, ROOM 213 1 CALL TO ORDER The meetmg was called to order at 7 14 P ill 2 PLEDGE OF ALLEGIANCE AllegIance 3 ROLL CALL Present Also Present COlrumsslOner Werenuuk led the Pledge of Kenneth BreIsch Ralph Mechur Pamela O' Connor Enc Parlee Thomas Pyne Kathy Werenuuk John ZInner Kyle Ferstead. ComrrllssIOn Secretary Suzanne Fnck, Director of Plannmg/LUTM Amanda Schachter, Semor Planner Mary Strobel, Deputy CIty Attorney Kenyon Webster. Planrung Manager 4 APPROVAL OF MINUTES ComnllssIOner Pyne made a motIon to approve the mmutes for September 29, 1993. and March 2, 1994, as submItted CommIsSIOner Parlee seconded the motIon. whIch was approved by VOIce vote 5 PLANNING DIRECTOR'S REPORT Ms FrIck gave the DIrector's Report She reported that at the next meetmg of the ComnllssIOn, on Apnl 20th, Mary Strobel wIll be givmg a bnefing on the new Brown Act regulatIons and begm dIscussIOn on the new Safety Element Smce the last CommIssIon meetmg, Ms Frick reported that the CIty CounCIl has been workmg on the Earthquake Recovery Plan for the CIty and has adopted a redevelopment area to aId m the recovery process She stated that the fmal plan should be gomg to the CIty CouncIl III late sprIng or early summer In the future. the CIty CounCIl WIll be heanng the Text Amendment for 1702 AppIan Way on Apnl 12th. the reconstructlOn ordmance and other emergency ordmances on April 19th. and homeless Issues on Apnl 26th CommISSIoner Pyne asked If the Apnl 20th meetmg would be a soody seSSIOn Ms Fnck stated that It wIll be a meetmg, but not a publIc heanng 001]- 1 6 STATEMENTS OF OFFICIAL ACTION Consent Calendar CommiSSIOner Pyne made a motion to approve the Statements of OffIcIal ActIon as submItted CommISSIOner Parlee seconded the motIOn, whIch was approved by VOIce vote A CUP 93-014, 119 Ocean Park Boulevard B CUP 93-032, (Amendments to CUP 398 & CUP 445). 1351 ThIrd Street C TPC 307. VTTM 51813, 817 EIghteenth Street D TPC 311, VTTM 51767. 946-948 N mth Street E TPC 312, VTTM 51766. 1860 Nmth Street F TPC 313, VTTM 51820, 423 PIer Avenue 7 PUBLIC HEARINGS Consent Calendar CommISSIoner Pyne made a motIon to approve Consent Calendar Items A, as amended by staff. and 7B per staff recommendatIOns CommISSIOner Parlee seconded the motIOn. WhICh was approved by VOIce vote A CondltIonal Use PermIt 93-030. 2100 Ocean Park Boulevard. BR-R3. ApplIcant. Jan T. and Killl T. Khoe. AnnlIcatIon for a CondItIonal Use PermIt to allow the renewal of a CondItIonal Use PermIt for an eXlstmg com operated laundry WIth 9 oarkml! snaces located at 2]00 Ocean Park Boulevard. (Planner. Patnce ~ -- McCartney) B CondltIonal Use Permit 94-002 . 713 Montana Avenue. C2, ApplIcant: TracI Van V echerv / Romano I s ItalIan Restaurant. AoolIcatIOn for a CondItIOnal Use - -- Perfilt to allow Issuance of a Type-41 (On-Sale Beer and Wme for Bona FIde PublIc Eatml! Place) alcohol lIcense to be used m conmnctlOn with an eXlstInl! - -- 9] 7 square foot restaurant WIth a total of 24 seats. (Planner. Susan Healy Keene) C Development ReVIew PermIt 93-004. 1107 Santa Momca Boulevard. C4. Aoohcant. KInl!s Investment Inc_. Annhcatlon for a Develonment ReVIew PermIt ....- - -- ~ to permIt construction of a three story. 32.602 square foot mIxed use project. mdudmg medIcal. retaIl. semor hOUSIng. and a reSIdentIal care faCIlIty for seruOfs over a 101 snace subterranean oarkml! l!aral!e accessed from Eleventh - - - Street. (Planner Susan Healy Keene) Withdrawn 8 PUBLIC HEARINGS A Text Amendment 94-003 to Amend Article IX of the Santa Momca Mumclpal Code to Implement the Affordable Housmg Ordmance. LocatIon. CitYWIde. The proposed text amendment modIfies the Zonmg Ordmance sectIOns related to uses and establIshes InCentIves III order to faCIlItate the d.evelopment of affordable housmg III the City. The amendments replace an ()Oll~ 2 mtenm ordmance WhICh has been m effect for over one vear. (Planner. Amanda Schachter) ComnnsSloner Parlee commented on the heIght lnmtauons and that a set number of stones 15 not specIfIed Staff explamed that there IS not a IUlllt on the number of stones for an affordable housmg project COImmsslOner Parlee also commented on the pItched roof ratIo and how It affects artIculatIon of new structures C01llimSSlOner Pyne made a statement regardmg reqUIrements for transItIOnal housmg projects SpeCIfically, CommIssIOner Pyne stated that he does not feel comfortable WIth "sensItIve housmg types bemg allowed by nght m resIdentIal neighborhoods" He asked Ms Fnck how hIS concerns could be addressed Ms Fnck responded that thiS concern can be forwarded on to the CIty CouncIl andlor make a motIon to move transItIOnal housmg mto the conditionally permItted use category ComnllSSIOner Parlee asked If there was a set of gmdelmes or performance standards for transitIonal housmg Ms Fnck read the defimtlOn for transltlonal housmg from the Code COmmISSIoner WeremlUk stated she dId not feel that the subject housmg types are not any dIfferent from any other type of housmg use. If properly mOnItored Commissioner Pyne expressed concerned about whether these types of housmg are properly mOnItored. and to the extra types of aCtIvlUes offered. such as counselIng The followmg members of the publIc spoke Mat MIllen, 1753 16th Court, Santa MOllIca 90404 Peter Tigler. 2019 21st Street. Santa MOnIca 90404 Merntt Coleman. 1508 Stanford Street #5, Santa MOllIca 90405 ChaIr Mechur closed the publIc hearIng CommIssioner Pyne asked the CommIssIon for a consensus regardmg some of the more SenSITIVe Issues raIsed by the Text Amendment He began by makmg a motIon to reqUIre a CondltlOnal Use Pernut (CUP) for transItIonal housmg proJects, as they are different from multI-fanuly reSIdentIal projects CommISSIOner Parlee seconded the monon for diSCUSSIon ChaIr Mechur asked for a copy of the old defrmtlons Staff supplIed copIes of the defmmons ComrmsslOner Pyne expressed ills concerns WIth varIous aspects of transItIonal housmg He also stated that he did not Hunk: domestIc VIOlence shelters should have a CUP due to theIr senslUve nature OOl~~n 3 CommiSSlOner Weremiuk commented on day care centers, semar centers and asked how these operatIons were vIewed when they had offices, lobbIes and counselmg components Ms Fnck stated that counselIng facIlItIes are not necessanly on sIte for these types of facIlItIes. that each type of facilitIes IS vIewed on a case by case basIs for compatIbIlIty ComnllssIOner Parlee asked about the defimtIOn for congregate housing and whether It Includes prOVISIOns for a commumty latchen, and housekeepIng facIlItIeS Ms FrIck explamed that congregate housmg does Include prOVISIOn for a share kItchen faCIlIty and staff to prepare the meals AddItIonally, Ms Frick stated that congregate housmg does not have an age restrIctIon CormmsslOner ZInner expressed hIS comfort WIth the tranSItIOnal hOUSIng defmItIon He also commented that some profeSSIOns. such as counselors. are allowed to operate theIr practIces out of then homes WIth a CIty permIt ConumsSlOner Parlee commented that it would be rare for a tranSItIonal housmg project to exceed the threshold lImIts that would reqUIre CommIssIon revIew He also commented on streamlIning the permIt process ChaIr Mechur commented on dIfferences between tranSItIOnal housmg projects and congregate housmg projects He asked staff If there was any proviSIOn for staff to requrre or reVIew operatIOnal, screemng or management plans for these types of facIlItIes Mr Webster stated that homeless shelters reqUIre submIttal of such plans. but transItIonal housmg faCIlItIes do not He also stated that staff has not dIscussed thIS aspect and the defimtIOns are conSIstent WIth the current Housmg Ordmances CornrmssIOner Weremmk asked why the Upward Bound project had submItted a operatIonal plan Mr Webster stated that Upward Bound applIed under a Development ReVIew PermIt process. WhICh changed the requirements, and they offered to prepare the plans ComnussIOner Pyne stated that tranSItIonal housmg stays are lImited to three years and asked If congregate hOUSIng had the same restrictIons Ms Fnck stated that there are no tIme stay reqUIrements Chair Mechur commented that homeless shelters lImIt stays to SIX months CooumsslOner Weremmk spoke agamst requlflng a development review process for transItIonal housmg as It ]S SOCIally necessary and needs to be faCIlItated She recommended that an operatIonal plan be submItted as part of any review process to help allay neIghborhood concerns CommiSSIOner Parlee expressed agreement WIth CommISSIOner Weremmk's recommendatIon He suggested staff develop standards for vanous types of housmg SimIlar to the Performance Standards PermIt (PSP) process He then commented that the deflmtIOns leave a great deal of room for IOterpretatIon 4 0012j Ms. FrIck offered for the CommIssIOn's consideratIOn Code Sectlon 904 10 02 142 (SMMC). wluch deals wIth standards for the types of housmg bemg dIscussed COlrnmssIOner Parlee thanked Ms Frick for the sectIon number and asked If staff could provIde the ComnnsslOn with a hst of, or caples of appl1catIons for, transltlonal housmg requests Ms Fnck mdIcated tlns may be a problem but would reVIew 11 WIth her staff. COnllnISSIOner Zmner asked If the reqUirement for a management plan could be attached to domestIc VIolence shelters ChaIr Mechur argued agamst tlus Idea and felt that If the people proposmg such a shelter were not responsIble, then they would not be able to obtam fundmg COIrumsslOner WeremlUk agreed, statmg that most agenCIes reqUire the submittal of such plans pnor to fundmg these types of serVIces She suggested that staff may WIsh to reVIew such plans also Deputy CIty Attorney Strobel stated that these Issues should be revIewed, partIcularly as regards State law She also stated that domestic vIOlence shelters may be exempt If smgle famIly dwellIngs are exempt She stated she could reVIew tins matter If the CommISSIOn requests It ChaIr Mechur asked about an Issue raIsed by a member of the publ1c regardmg addmg a proVISIOn for "granny" umts He stated that he favored them, but thought the CIty CounCIl had not conSIdered thIS Issue yet Ms FrIck stated that staff WIll be studymg the "granny" umt Issues m the next fIscal year or so ChaIr Mechur asked If there was a prohlbmon on the dIstance between shelters Mr Webster stated that there IS a dIstance reqUirement under the PSP standards, however these types of facIlltles wIll no longer fall under thIS category and type of permIt ChaIT Mechur commented on the Issues raIsed by a member of the pubhc regardmg the dIstrIbution of affordable housmg project ConUlllsslOner Parlee commented on "granny flats" and that current setback requrrements for dwell1ngs and accessory structures WIll not allow for the constructIon of "granny flats" on most propertIes COIrnmssIOner WeremlUk commented on the cost of land, wluch restrIcts the kmds of development whIch occurs She stated that the Idea of dIstnbutmg the placement of low mcome projects IS a good one, III prInciple, but land costs make It unlIkely ChaIr Mechur commented that the greatest problem IS economIc segregation He agreed that affordable housmg should be spread throughout the City, but questIOned how thIS could be done He suggested the ImtIatIon of such concepts as land bankmg and CIty contrIbutIon to non-profit housmg projects 00122 5 ComnllsslOner Parlee commented on Ordmance 1615 and PropositIOn R and the mandate of 30% affordable housmg units He felt that m tIme, the housmg affordlbIluy Issue should balance out COJ1lffilSSlOner Pyne restated ills motIon to subject transltlonal housmg projects to the CUP process The motIOn faIled by the followmg vote AYES Pyne. NOES BreIsch, Mechur, O'Connor. Parlee, Weremmk, Zmner ChaIr Mechur made a motIon to forward the Text Amendment to City CouncIl per staff report recommendatIOns COlllIlllsSlOner Zinner seconded the motlon The ComnllssIOn dIscussed smglmg out certam types of uses and came to the consensus that they should not be smgled out The motlon was approved by the followmg vote AYES Breisch. Mechur, O'Connor, Parlee, Weremmk. ZInner, ABSTAIN Pyne B Develooment ReVIew PermIt 93-006. (Amendment to DR 292), 1301 20th Street. CPo ApplIcant. Samt John's MedIcal Plaza. ApplIcatIon for a D~velopment ReVIew PermIt to permIt the amendment of an eXIstmg Develooment ReVIew PermIt m order to allow the bUlldmQ owner to char2:e - -- emolovees and VISItors for Darkm!! at the medIcal office bUlldIn2: at 1301 20th ~ - ~ - ~ Street. The eXlstmg Development ReVIew PermIt (DR 292) requires that DarkIng be offered free to emolovees who work m the bUlldml! and free to ..... - ... - - VI~ltors for the fIrst hour. No phYSIcal change to the bUlldmg IS proposed (pJanner D. Buckley ) [Commissioner Pyne stepped down from the dais and left the meetmg due to a potennal COnflIct of mterest ] The applIcant's representanve, Randy Moore. 444 South Flower Street. Los Angeles, was present to dISCUSS the proposal COlrumsslOner Weremmk asked Mr Moore If he would accept a condmon reqUlrmg free parkmg for van and carpools Mr Moore stated that would be acceptable COlrumsslOner Zmner commented that havmg a transportatIOn management plan 15 not mandated for this type of bUlldmg WIth multIple tenants Mr Moore stated that hIS management company takes a pro-actIve approach to parkmg III theIr bUIldmgs ()012~ 6 ATTACHMENT E J J"/ . nOt2'~ NOTICE OF DEVELOPMENT PROPOSAL To: Concerned Persons From: The City of Santa :Monica Subject of Hearing: Text Amendment 94-003 Ordmance for Introduction and Flfst Readmg to Amend Article IX of the Santa MOllica MUlllcIpal Code to Implement the Affordable Housmg Ordmance Location: CityWIde A PublIc Heanng WIll be held by the CIty CouncIl on the followmg request Ordmance for mtroductlon and first readmg to modIfy the Zomng Ordmance related to permItted uses, development standards. and IncentIves In order to facIlItate the development of affordable housmg m the CIty The ordmance replaces and mtenm ordmance WhICh has been III effect for over one year TIl\IE: TUESDAY, JUl\"E 14, 1994 AT 6:30 P.M COUNCIL CHAMBER ROOM 213, CITY HALL 1685 MAIN STREET, SANTA MONICA HOW TO COMMENT. LOCATION The City of Santa Monica encourages publIc comment on this and other projects You or your representative, or any other persons may comment at the CIty Council's publIc heanng. or by ,,,ritmg a letter Letters should be addressed to' City CouncIl, City Clerk's Office 1685 Mam Street, Room 102 Santa Maruca, CalIfornia 9040 1 MORE INFOIDv1ATION ff desired, further infonuation may be obtained from the Planning and Zoning Division at the address above or by calling (310) 458-8341. The meetmg facIlIty IS handtcapped accesSIble. If you have any specIal needs such as SIgn language mterpretmg, please contact the Office of the Disabled at (310)458-8701. - 1 - "'01;"-: