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SR-8A (28) - ~~- .. 8A CA: atty\mUld \strpts \afford2 city council Meeting 6-28-94 Santa Monica, California JUN 2 8 1994 STAFF REPORT TO: Mayor and City Council FROM: city Attorney SUBJECT: Ordinance Amending Zoning and Development standards to Facilitate a Range of Housing Opportunities Including Affordable Housing At its meeting on June 14, 1994, the city council introduced for first reading an ordinance amending zoning and development standards to facilitate a range of housing opportunities including affordable housing. The ordinance is now presented to the city Council for adoption. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be adopted. PREPARED BY: Marsha Moutrie, City Attorney JUN 2 8 1994 8A . . CA:f:\atty\muni\laws\mhs\afford3 City Council Meeting 6-28-94 Santa Monica, California ORDINANCE NUMBER 1750 (ces) (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, the Santa Monica Task Force On Homelessness (nTask Forcel') 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 ordrnance on an interim basis to facilitate affordable and special needs housing; and 1 " ... 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 program; 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 Program; 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 Program; and WHEREAS, the Planning Commission held a public hearing on April 6, 1994 concerning the proposed amendments and recommended adoption; 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 " .. a variety of housing opportunities, thereby ass isting in the provision of adequate housing for all City residentsj and WHEREAS, the city Counc].l 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) Hospice facilities. (c) 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 .. J. (e) One-story accessory buildings and structures up to 14 feet ~n height. (f) Public parks and playgrounds. (g) Small family day care homes. (h) 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 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 number of feet permitted in this Property Development 4 " Section. (b) xaximum 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. (e) 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 . (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) Hospice facilities. (d) MUlti-family dwelling units. (e) One-story accessory buildings and structures up to 14 feet in height. (f) Public parks and playgrounds. (g) Senior housing. (h) Senior group housing. (i) Single room occupancy housing. (j) Single family dwellings placed on a permanent foundation (including manufactured housing) . (k) Small family day care homes. 6 0, (1) Transitional housing. (m) Yard sales, limited to two per calendar year, for each dwelling unit, for a maximum of two days. 9.04.08.06.030 Uses subject to performance standards permit. 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. SECTION 4. Municipal Code is Section 9.04.08.06.060 of amended to read as follows: the Santa Monica 9.04..08.06.060 Standards. All property in the R2 District developed in accordance with the standards: Property Development shall be following 7 '. (a) Two stories, not to exceed 30 feet, except that there shall be no limitation on the number of stories of any Affordable Housing proj ect, as long as the building height 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. (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 8 " 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 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 RJ District: (a) Congregate housing. (b) Domestic violence shelters. (c) Hospice facilities. (d) MUlti-family dwelling units. {e} One-story accessory buildings and structures up to 14 feet in height. (f) Public parks and playgrounds. (g) Residential care facilities. (h) Senior housing. (i) Senior group housing. 9 ~ ~ (j) Single family dwellings placed on a foundation (including manufactured permanent housing). (k) single room occupancy housing. (I) Small family day care homes. (m) Transitional housing. (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. 9.04.08.08.040 condi~ionally permitted uses. The following uses may be permitted in the R3 District subject to the approval of a Conditional Use Permit: 10 .. ". (a) Bed and breakfast facilities. (b) Boarding houses. ee) Child day care centers. (d) Community care facilities. ee) Homeless shelters. (9) Neighborhood grocery stores. (h) 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. (f) Places of worship. (j) Residential care facilities. (k) Rest homes. (I) Schools. em) 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 11 'f the commercially 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 R3 District developed in accordance with the standards: Property development shall be following (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) Maximum unit Density. One dwelling unit for each 1,250 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. 12 .. 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. (e) Front Yard Setback. 20 feet, or as shown on the Official Districting Map, whichever is greater. (f) Rear Yard setback. 15 feet. (9) 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 . 9.04.08.10.020 Permitted uses. The following uses shall be permitted in the R4 District: (a) Congregate housing. (b) Domestic violence shelters. (c) Hospice facilities. (d) Multi-family dwelling units. {e} One-story accessory buildings and structures up to 14 feet in height. (f) Public parks and playgrounds. (g) Senior housing. (h) Senior group housing. (i) Single family dwellings placed on a permanent foundation (including manufactured housing). (j) Single room occupancy housing. (k) Small family day care homes. (I) Transitional housing. (m) Yard sales, limited to two per calendar year, for each dwelling unit, for a maximum of two days each. 9.04.08.10.030 Uses subject to performance standards permit. The fOllowing uses may be permitted in the R4 District subject to the approval of a Performance 14 " 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. 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. standards. Property development All property in the developed in accordance standards: (a) Maximum Building Height. Four stories, not to exceed 45 feet. There shall be no limitation on the number of stories of any hotel, parking structure, or Affordable Housing Project, so long as the building height does not exceed 45 feet. R4 District with the shall be following (b) Maximum Unit Density. One dwelling unit for each 900 square feet of parcel area. No more than one dwelling unit shall' be permitted on a parcel of less than 4,000 15 ~ .. square feet if a single family dwelling existed on the parcel on the effective date of this Chapter. (c) Haximum Parcel coverage. 50 percent. (d) Hintmum 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 setback. 15 feet. (9) Side Yard Setback.. The side yard setback shall be determined in accordance with the fallowing 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 .. 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) Convention and conference facilities. (e) Domestic violence shelters. (f) Entertainment and cultural uses. (g) Gift or souvenir shops. (h) Libraries. (i) Marine oriented uses such as aquariums. (j) Museums. (k) Neighborhood grocery stores. (1) Single family dwellings placed on a permanent foundation (including manufactured housing) . (m) (n) MUlti-family dwellings. Night Clubs within hotels. 17 '. (0) Retail uses that cater to the visiting public. (p) Public parks and playgrounds. (q) Residential uses existing at the time of adoption of this Chapter. (r) Restaurants. (6) Schools. (t) Senior housing. (u) Senior group housing. (v) Single room occupancy housing 4 (w) skating rinks4 ex) Snack shops. (y) Swim and health clubs. (z) Transitional housing. (aa) The following uses if conducted on the Santa Monica Pier or along The Promenade: (l) Amusement and game arcades. (2) Bait shops and fishing supplies. (3) Exhibitions and games4 (4) Fish markets. (5) Marine service stations and boat landings on the pier only. (6) Night clubs. (7) Sport fishing. ebb) Accessory uses which are determined by the Zoning Administrator to be necessary and 18 customarily associated with, and are appropriate, incidental, and subordinate to, the principal permitted use. (cc) 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 standards. All property in the RVC District shall be 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: Property development (1) properties Bounded by the Following streets Maxi- Maxi- mum No. mum of Height Stories Maxi- mum FAR 19 '. 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. b. Parcels fronting on Ocean Avenue. 30' 30' 20 , . 2 2 1.0 .5 c. Replace- 40' ment of Sinbad's building only on the Santa Monica Pier. d. Amuse- ment rides on the Santa Monica Pier. West side of Ocean Avenue from Pico Boulevard to Seaside Terrace (Ocean Avenue Fronting Parcels Only) . East side of Ocean Avenue to First Court from Colorado Avenue to california Avenue. 3 1.0 85' for one Ferris Wheel; 55' for one Roller Coaster; 45' for all other amusement rides. 45' 3 2.0 45' 3 2.0 21 " 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 3D' 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 not exceed the maximum height required for a flat roof. 22 ~ 2.0 0.5 (3) There shall be no limitation on the number of stories of any hotel parking structure, or Affordable Housing Project, as 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 Santa Monica Pier and the north city limits, 23 " 6 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. (e) 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 ci ty 1 imi 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 Set.back. Fifteen (15) feet. except that for parcels located along the Pacific Coast Highway between the Santa Monica Pier and the north city limits, the 24 . . 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. (q) 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 Pacif ic 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 " (i) View Corridor. For parcels located along the Pacif ic 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 "CM" 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 r, ground floor Main Street frontage of which does not exceed 75 linear feet, unless otherwise indicated: (a) Appliance repair shops. (b) Art galleries. (c) Artist studios. (d) Banks and savings and loan institutions. (e) Barber and beauty shops. ef) 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. (i) Domestic violence shelters. (j) Florists and plant nurseries. (k) Furniture upholsterer's shops. (I) General offices. (m) General retail uses. (n) Homeless shelters with less than 55 beds. (0) Laundromats, dry cleaners. (p) 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. (s) Print or publishing shops. 27 r, (t) Restaurants with 49 or less seats. (u) senior housing. (v) Senior group housing. (w) Shoe repair stores. (x) single family dwelling units. (y) Single room occupancy housing. (z) Tailors. (aa) Theaters with 75 or less seats. ebb) Transitional housing. (cc) 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: (a) Sidewalk cafes. 9.04.08.28.035 Uses subject to a use permit. (a) outdoor newsstands. 9.04.08.28.040 conditionally permitted uses. The following uses may be permitted in the OM District sUbject to the approval of a Conditional Use Permit: 28 .. (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 55 or more beds; (j) Medical, dental and optometrist facilities at the first floor or in excess of 3,000 sq. ft.; (k) Meeting rooms for charitable, youth and welfare organizations; (1) Museums; (m) Music conservatories and instruction facilities; (n) Places of worship; (0) Restaurants with 50 seats or morej (p) Retail stores with 30 percent or less of the total linear shelf display area devoted to alcoholic beverages; (q) Sign painting shops; (r) Theaters having more than 75 seats. (5) Trade schools; (t) Wine shops devoted exclusively to-sales of wine. There shall be not limit on the total linear 29 " shelf display area; (u) Any otherwise permitted uses in the CM Main Street Commercial district which occupy more than 7,500 sq. ft. of floor area; (v) Any otherwise permitted uses in the eM Main Street Commercial district the ground floor Main street frontage of which exceeds 75 linear feet; (w) 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. follows: Section 9.04. OS. 28.060 is amended to read as 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, CM3 and CM4. All property in the CM District shall be 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: 30 District CM2 CM3 CM4 Max. Height Max. No. of stories 27' 2 35' 3 35' 3 Notwithstanding the above, property in the CM4 Oistrict 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 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 31 ~ Max. FAR 1.5 2.0 2.0 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 9.04.10.14.0JO{a) of this Chapter. For purposes of calculating the FAR of any structure within the CM 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: (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 (Sf feet of the rear property line is not more than nine feet 32 '. in height and is fully enclosed, i. e., 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 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. 33 .. (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) eM3 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 lS-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. (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: 34 .. 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) Convent, monasteries an other similar group living quarters. (h) Delicatessens. (i) Domestic violence shelters. (j) Drugstores. (k) Florists. (1) Gift or souvenir shops. (m) Homeless shelters with less than 55 beds. (n) Hospitals. Co) Ice cream shops. (p) Medical and dental clinics and laboratories. (q) Medical and general offices. (r) Medical supplies and services. (5) Multi-family dwelling units. (t) Offices and meeting rooms for charitable, 35 . , youth, and welfare organizations. (u) Office supply stores. (v) Public parks and playgrounds. (w) Residential uses including residential uses at the ground floor. (x) Restaurants. (y) Rest homes. (z) sanitariums. (aa) Schools. (bb) Senior housing. (cc) Senior group housing. (dd) Single family dwelling units. (ee) Single room occupancy housing. ('ff) stationery stores. (gg) Transitional housing. ehh) Accessory uses which are determined by the Zoning Administrator to be necessary and customarily associated with, and appropriate, incidental, and subordinate to the principal permi tted uses and which are consistent and not more disturbing or disruptive than permitted uses. (ii) 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. 36 '. 9.04.08.30.030 Uses subject to performance st&ndards permit. The following uses may be permitted in the CP Oistrict subject to the approval of a Performance Standards Permit: (a) sidewalk cafes. 9.04.08.30.040 Conditionally permitted uses. The following uses may be permitted in the CP Oistrict 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. (e) Credit unions. (f) Dance and exercise studios. (q) Funeral parlors and mortuaries. (h) Homeless shelters with 55 or more beds. (i) Libraries. (j) Places of worship. SECTION 15. Section 9.04.08.30.060 of the Santa Monica Municipal Code is amended to read as follows: 37 " .. 9.04.08.30.060. property development standards. All property in the CP District shall be developed in accordance wi th the followinq standards unless otherwise provided in the Hospital Area Specific Plan: (a) Maximum Building Height. Maximum building height, number of stories, and floor area ratio shall be determined as follows: Table 9.04.08.30.060 with Approval of a Development Review Permit Max. Max. Max. No. ot Max. Max. No. of Max. Height stories FAR Height stories FAR CP3 45' 3 1.5 CP5 45' 3 1.5 70' 5 2.5 There shall be no limitation on the number of stories of any hotel, detached parking structure or Affordable Housing Project as long as the height does not exceed the maximum number of feet permitted in this Section or as allowed by~ection 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. 38 t Parcel A Lot 13, Block 3, Orchard Tract; Parcel B Lots 429, Tract No. 4618 and Lots 1, 2 and 3. Tract No. 7764. (e) 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) Minimum 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. (e) Front Yard Setback. As shown on the Official Districting Map of the City, or, if no setback is specified, 20 feet. ef) 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 nay be used for parking or loading to within 5 feet of the rear parcel line 39 .. 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. (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 40 " 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) That needed to accommodate landscaping required for a street side yard, landscape buffer and screening pursuant to the provisions of Part 9.04.10.04. (3) 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 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 41 " CA:MJM f:\atty\muni\laws\mtt\recycle4 city council Meeting: 6/28/94 Santa Monica, California ORDINANCE NUMBER (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING A FEE ON SOLID WASTE ENTERPRISES AND A SOLID WASTE REFUSE RATE STRUCTURE NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. section 5.08.430 of the Santa Monica Municipal Code is amended to read as follows: Section 5.08.430. Issuance of an Enterprise Permit. Issuance of an enterprise permit by the Director of General Services will be based upon the following: (a) Applicant must be a solid waste enterprise or a recycling enterprise; (b) Applicant must complete an application in full and provide all information requested by the Director of General Services; (c) Applicant must agree, in writing, to comply with all current and future regulations 1 visi tors 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: (a) Domestic violence shelters. (b) Hospice facilities. (c) One single family dwelling per lot placed on a permanent foundation (including manufactured housing). (d) One-story accessory buildings and structures up to 14 feet in height. (e) Public parks and playgrounds. (f) Small family day care homes. (g) state authorized, licensed, or certified uses to the extent required to be permi tted by State Law. 43 .. (h) Yard sales, I1mited 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 shelters. (b) Hospice facilities. (c) Multi-family dwelling units. (d) One-story accessory buildings and structures up to 14 feet in height. (e) Public parks and playgrounds. (f) single family dwellings placed on a permanent foundation (including manufactured housing) . (g) Small family day care homes. (h) 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: 44 *, 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 pitched roof. A "pi tched 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 number of feet permitted in this Section. (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) xaximum Lot Coverage. SO 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. 45 (e) Front Yard Setback. 30 feet measured from the center line of the walkway. (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: 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: 46 , , (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 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 47 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) Hospice facilities. (d) Multi-family dwelling units. (e) One-story Accessory buildings structures up to 14 feet in height. (f) Public parks and playgrounds. (g) Single family dwellings placed on a permanent foundation (including manufactured housing). (h) (i) (j) (k) and Single room occupancy housing. Small family day care homes. Senior housing. Senior group housing. 48 . r (1) Transitional housing. (m) Yard sales, limited to two per calendar year, for each dwelling unit, for a maximum of two days. 9.04.08.50.030 Uses subj ect to performance standards permit. The following uses may be permitted in the OP-2 District subject to the approval of a Performance Standards Permit: (a) Large family day care homes. (b) Private tennis courts. 9.04.08.50.040 Conditionally 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) Homeless shelters. (f) Libraries. (9) Neighborhood grocery stores. 49 " (h) Offices and IDeeting rooms for charitable, youth, and welfare organlzations. (i) One story accessory buildings over 14 feet in height or two story accessory buildings up to a maximum height of 24 feet. (j) Places of worship. (k) Residential care facilities. (1) Rest homes. em) Schools. (n) 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 21. Section 9.04.08.50.060 of the Santa Monica Municipal Code is amended to read as follows: 50 ~ 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) Maximum Building Height. Two stories, not to exceed 23 feet for a flat roof or 30 feet for a pi tched 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 number of feet permitted in this 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 51 t, 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 l8 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; (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 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 the rear property line; 52 .. (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) Maximum unit Density. One dwelling unit for each 2,000 square feet of lot area. An additional unit shall be allowed if excess lot area 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 53 <, 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 coverage. 50 percent. 60% for development projects 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. (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 54 'f 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. (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. 55 (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 priltlary 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. (j) Usable Private Open Space. 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 56 " space shall include a deck, yard, patio or combination thereof, which is adj acent 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, dri veways and adj acent 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. 57 " 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 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.~O. 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, 58 '. 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 surf ace 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. (I) 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. 59 (c) Hospice facilities. (d) MUlti-family dwelling units. (e) One-story Accessory buildings structures up to 14 feet in height. (f) Public parks and playgrounds. (9) Residential care facilities. (h) Senior housing. (i) Senior group housing. (j) Single family dwellings permanent foundation (including housing) . and placed on a manufactured (k) Single room occupancy housing. (l) Small family day care homes. em) Transitional housing. (n) Yard sales, limi ted to two per calendar year, for each dwelling unit, for a maximum of two days. 9.04.08.52.030 Uses subject to performance standards permit. The following uses may be permitted in the OP-J 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 lot having a minimum area 60 of 10,000 square feet. (c) Private tennis courts. 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. (e) child day care centers. (d) Community care facilities. (e) Homeless shelters. (f) Places of worship. (g) Neighborhood grocery stores. (h) 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. (j) Residential care facilities. (k.) Rest homes. (1) Schools. (m) 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 61 '. 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. All property in the OP-3 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 62 maximum number of feet permitted in this Section. (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 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. Cd) Minimum Lot size. 5,000 square feet. Each lot shall contain a minimum depth of 100 feet and 63 .. 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. (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: 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. 64 '. (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 65 .. 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. (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 66 ., 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 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 67 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 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 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 68 private open space added beyond the required private open space. (1) 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: 9.04.08.54.020 Permitted uses. The following uses shall be permitted in the OP-4 District. (a) Congregate housing. (b) Domestic violence shelters. (c) Hospice facilities. (d) Multi-family dwelling units. (e) One-story Accessory buildings and structures up to 14 feet in height. (f) Public Parks and playgrounds. (g) Senior housing. (h) Senior group housing. (i) Single room occupancy housing. (j) Single family dwellings placed on a permanent foundation (including manufactured housing). (k) Small family day care homes. 69 f. (1) Transitional housing. (m) Yard sales, limited to two per calendar year, for each dwelling unit, for a maximum of two days. g. 04..08.54..030 Uses subject to performance standards permit. The fOllowing uses may be permitted in the OP- 4 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 lot having a minimum area of 10,000 square feet. (c) Private tennis courts. SECTION 25. section 9.04.08.54.060 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) Maximum Building Height. 3 stories, not to exceed 35 feet as measured from theoretical grade. There shall be no limit on the number of 70 , . stories of any Affordable Housing Project, as long as the building height does not exceed the maximum number 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 calculating the allowed number of units at 1,250 square feet of lot area per unit. (e) Maximum Lot Coverage. 50 percent. 60% for development projects 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. 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 ~5 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. 71 ., (g) side Yard setback. (~) The side yard setback for that portion of a bui lding 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 un width, the side yard setback facing a street shall be a minimum of ~O 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 72 . , 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 spaoing. 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. (j) Usable Private open Space. All groundlevel units shall have the following minimum amounts of 73 ., 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 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 74 t 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 Eore 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. . 75 " 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. (1) 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. 76 , . Funding Recommendations The total recommended FY 1994-95 funding level within thIs funding area IS $461,155, approximately 7 3% of the total FY 1994-95 CD Program fundmg allocatIons (See the prevIous sectIon and Attachment V, page 11 for details on specific agency and program funding levels, program descriptIons and any program Issues to be addressed m FY 1994-95) In summary, the followmg programs are recommended for fundmg In FY 1994-95. FUNDING HIGHLIGHTS/OUTCOMES . Continued funding of $67,873 to provide comprehenSive information and assistance servIces targeting 750 persons With dlsabllltles, and to provide comprehensive and intenSive benefits and housing advocacy, personal care assistance. Independent lIVing skills training and case management targeting 150 persons With disabilities . Of the 750 persons receIving general informatIon and referral services regardmg disabIlity concerns, 13 % will receive In depth assistance With obtaining appropnate disability-related resources to resolve their particular concerns . Of the 150 persons receiving comprehenSive and mtenslve support serVices, 83% will learn skills and obtain resources to reach an mcreased level of Independence and aVOId Institutionalization . Continued funding of $15,444 to proVide home modificatIOn and emergency finanCial support for disability related needs targeting 70 persons With disabilities . Of the 70 persons receiving emergency finanCial support and home modification and evaluations, 95~'o WIll remain self-suffiCient and aVOId institutIOnalization · Continued fundmg of $11,737 to prOVide comprehenSive low VISIOn care targeting 65 Santa MOOlca reSidents . Of the 65 persons receiving comprehenSive lOW-VISion care, 77% will maXimize their remaining VISion through lOW-VISion optometric serVices, and 15% Will experience Increased mobility and self-suffiCiency · Continued funding of $25,615 to prOVide adaptive computer technology education and assistance targeting 350 youth \>vnh disabilities. their parents and teachers · Of the 350 persons receiving adaptive computer technology education, at least 75 % WIll Increase thelf utilizatIon of adaptIve teChnology to eliminate barners to communication, employment and educ.atlon · Continued funding of $90,486 to proVide comprehenSive case management services to 60 persons With HIV fAIDS and to traIn 30 peer educators . Of the approximately 800 people liVing With HIV and! or AIDS In Santa Monica laccordlng to the L A County Dept of Health Servlces~, at least 60 very fow-Income mdlvlduals will receIve comprehenSive case management and support services . Of the 30 students receiving HIV/AIDS training to become peer educators. 83% will make classroom presentations to approximately 600 students annually 15 14 feet in height, on a parcel having a minimum area of 10,000 square feet. (c) Private tennis courts. SECTION 27. Sections 9.04.08.64.020 through 9.04.08.64.040 are amended to read as follows: 9.04.08.64.020 Permitted uses. The following uses shall be permitted in the R3R District: (a) Congregate housing. (b) Domestic violence shelters. (e) Hospice facilities. (d) MUlti-family dwellings. (e) one-story accessory buildings structures up to 14 feet in height. (f) Public parks and playgrounds. (g) Senior housing. (h) Senior group housing. (i) Single family dwellings permanent foundation (including housing). (j) (k) (l) and placed on a manufactured Single room occupancy housing. Small family day care homes. Transitional housing. 78 ~ (m) Yard sales, lim~ted to two per calendar year, for each dwelling unit, for a maximum of two days. 9.04.08.64.030 Uses subject 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 heightl on a parcel having a minimum area of 10,000 square feet. (c) Private tennis courts. 9.04.08.64.040 conditionally permitted uses. The following uses may be permitted in the RJR 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. (9) Neighborhood grocery stores. 79 . . (h) 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. (j) Residential care facilities. (k) Rest homes. (I) Schools. (m) 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: 80 " 9.04.08.64.060 standards. All property in the R3R District shall be developed in accordance with the following standards: (a) Maximum Building Height. Two stories, not to exceed 30 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 30 feet. (b) Maximum Floor Area Ratio. 1.0. (c) Maximum 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) Maximum Parcel Coverage. 50 percent. (e) Minimum Lot size. 5,000 square feet. Each parcel shall contain a ~inimum depth of 100 feet and a minimum width of 50 feet, except that parcels existing an the effective date of this Chapter shall not be subject' to this requirement. property development 81 " (f) Front Yard Setback. 20 feet, or as shown on the Official Districting Map, whichever is greater. (g) Rear Yard Setback. 15 feet. (h) Side yard Setback. The Side yard setback shall be determined in accordance with the following formula, except for lots of less than SO 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 with the following development shall. comply 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 82 ., ~ of an intensity compatible with the neighborhood. (b) Laundry Facilities. The development shall provide laundry facilities or services adequate for the number of residents. (c) Common Facilities. The development may provide one or more of the following specific 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 secur i ty 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 83 f, approved by the Director of General Services and the Architectural Review Board. The refuse enclosure shall be accessible to refuse collection vehicles. (9) Homeless Sbelter 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. Homeless shelters located in residential when not districts, developed in an individual dwelling unit format, shall not be subject to the underlying zoning district's maximum unit density standard, but the number of beds shall be limited to three (3) times the maximum number of dwelling units which would 84 ~ ~ . . . otherwise be permitted. SECTION 29. section 9.04.10.111 of the Santa Monica Municipal Code is amended to read as follows: 9.04.10.02.11.1 Residential uses in oommercial 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, CM, CP, and Hl 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 Housing 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 85 . , commercial and manufacturing business. It shall be clearly marked for residential use only and use by commercial and manufacturing businesses shall be prohibited. 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: (a) The transitional housing or congregate housing provider shall have a written management plan including, as applicable, provisions for staff training, neighborhood outreach, secur i 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 districts, congregate 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 86 I, .. " v standard, but the number of beds shall be limited to three (3) times the maximum number of dwelling units which would otherwise be permitted. SECTION 31. Part 9.04.10.14 of the Santa Monica Municipal Code is amended to read as follows: Part Incentives 9.04..10.14 Housing Development 9.04.10.14.010 purpose. The city recognizes that there is a growing need for a range of housing opportunities in the City, including transitional housing, congregate housing, homeless shelters, single room occupancy housing, and affordable housing which 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. 9.4.10.14.020 Ocean Park density bonuses. Density bonuses shall be awarded for affordable housing projects in the following districts according to the following formulas: 87 .. .:; (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 deed-restricted for low income households. Projects of 3 or 4 units may receive a bonus of one uni t 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. (c) In calculating density bonus units, all fractional units shall be rounded up to the next 88 .. . .. 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 Housing project located in a 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, on parcels which abut or are located across an alley from a non-residential district with a maximum height limit equal to or greater than the height limit for a pitched roof in the residential district, 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. (l) Affordable Housing Projects in non- residential districts. Affordable Housing projects located in non-residential zoning districts may 89 .. r ~ .. 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 project only. To the extent a project qualifies 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 Projects in residential districts. Affordable Housing Projects 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 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 including the state density bonus exceed 50 %. (c) Setbacks. Affordable Housing proj ects located on a corner parcel, the street frontage dimensions 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 90 " . 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 Monica 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. 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. 91 " ,. 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. effective 30 days from its adoption. This Ordinance shall be APPROVED AS TO FORM: - 1 /' " 11 I tL4:..-.:. ~ L.c rvJ-4 / JLcu./-l.-J? MARSHA JONES MOUTRIE City Attorney 92 -. .. . Adopted and approved this 28th day of June. 1994 MAl .hf4 I hereby certIfy that the foregoing Ordimnlce No. 1750 (CCS) was duly and regularly adopted at a meeting of The City Council on the 28th day of June, 1994, by the followmg Council vote. Ayes: Councllmembers' Abdo, Genser, Olsen, Rosenstein,Vazquez Noes: Councilmembers: Greenberg Abstam Councilmembers Holbrook Absent Councihnembers' None ATTEST. ~t2~ ---- Cu:y Clerk "