SR-0 (80)CA:f:~atty\muni~laws~mhs~misczo
City Council Meeting 11-7-95 Santa Monica, California
ORDINANCE NUMBER (CCS)
(City Council Series)
AN ORDINANCE ~F THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDZNG VARTQUS
PROVISIONS OF THE ZONING ~RDINANCE RELATED TO GENERAL
REQUIREMENTS, LMSD, NW OVERLAY, R2B, AND BR OVERLAY
PROPERTY DEVELOPMENT STANDARDS, ANTENNA REGULATI~NB, SERVICE
STATION STANDARDS, AND VARIANCES, AND ADDING A PROVISION
REGARDTNG REGULATORY INCENTIVES FOR THE PRODUCTION OF
LOWER INCOME AND SENI~R HOUSING
WHEREAS, the Planning Commission adopted a Resa~ution of
Intention to amend various provisions of the zoning ordinance to
achieve greater internal consistency and fairness, to provide far
added flexibility in variance regulations, and add a provision
regarding incentives fQr lawer incame and seniar housing;
and
WHEREAS, the Planning Caminission held a pubZic hearing on the
proposed amendments and made recommendations to the City Council
fallowing the hearing; and
WHEREAS, the City Cauncil held a public hearing vn the
proposed amendments on Navember 7, 1995; and
1
WHEREAS, the City Council finds and declares that the
pr~posed amendments are cansistent in principle with the goals,
objectives, policies. land uses, and programs speci~ied in the
adopted General Plan, in that Objective 1.1 of the Land Use
Elem~nt calls for insuring fair treatm~nt of property ownars and
residents; the proposed amendments to the regulations concerning
building crassing property lines, LMS District stepback
standards, height regulations for the NW Overlay District and BR
District, the antenna regulations, the Regulatory Incentives far
the Production of Lower Income and Seniar Housing Units, Service
Station standards, and Variance standards wili achieve greater
internal consistency and fairness in the application of the
Zoning Ordinance to development projects by modifying and
clarifying existing language and requirements, and raaking changes
to some unique standards to achieve consistency with how similar
projects are addressed in the Zoning Ordi~ance. Further, Policy
A-1.2 of the Housing Element calls for the provision of flexible
develapment standards to promote housing, and the proposed
amendments to the NW and BR height regulatians wi~l p~ovide
greater flexibility fflr develQpment af Affordable Housing
Projects by allowing such projects ta be gaverned by district
height standards in faet~ but not limiting the number of stories
of such projects; and
WHEREAS, the public health, safety, and general welfare
require the adoption of the proposed amendments, in that the
2
amendments will clarify existing regulations; achieve greater
internal consistency with other code provisions of the Zoning
Ordinance; provide greater flexibility in the design of Affordable
Housing Projects; establish mor~ practical regulations relating to
the remodel of service stations; create more flexibility in the
Variance regulations to address uniqu~ situatians, and generally
facilitate the cansistent and fair application of the development
regulations of the City;
NOW, THEREF4RE, THE CITY COUNCIL DF THE C~TY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 9.44.~b.Ola Qf the Santa Monica Municipal
Code is amended to read as follows:
9.04.06.010 App~ication.
Except as pravided in this Chapter, ~and or
buildings may be used and structures may be erected ar
altered only in accordance with the following pravisians:
{a) No new building shall be erected and no
existing building shall be moved, altered, or ~nlargsd,
nor shall any land, building, or premises be used,
designed, or attempted to be used or designed for any
purpase or in any manner other than a use listed in this
Chapter, as permitted in the District in which the land,
building, or premises is located. The lawful use or uses
af all buildings, improvements, and premises existing in
3
any District at the time of the adoption of this Chapter
may be cantinued except as provided by this Chapter.
(b) No building shall be erected nor shail any
existing building be moved, reconstructed, or
structurally altered to exceed in height or floor area
the limit established by this Chapter for the District in
which such building i.s located.
(c) No building shall be erected nor shall any
existing building be moved, altered, enlarged, or
rabuilt, nor shall any open spaces surrounding any
buildings be encroached upon or reduced in any manner
except in conformity with the property development
standards for each District in which such building is
located.
(d) No yard or open space pravided adjacent to any
buiZding for the purpose of campZying with the
reguiations of this Chapter shall be considered as
providing a yard or open space for any ather building ar
structurE.
(e} No parcel or building shall be s~parated in
ownership, or reduced in size in any manner, so that:
(1) Any separate paxtion sha~l contain a
parcel area or parcel dzmensian less than the minimum
required for the District in which the property is
located.
4
( 2} Any yard area is reduced below the minimum
required for the District in which the project is
located.
( 3} The parcel fails to coinply with any other
require~ent ot this Chapter.
(4) Any portion of a parcel that is necessary
to provide the required area per dwelling unit is
separated from the portion of the parcel on ~,rhich the
building is located.
(f} No lot or parcel of ~and held under common
ownership which da~s nat meet the requirements of the
District in which it is located sha~l be separated in
awnership ar further reduced in size in any ~nanner.
(g) A building or use may crass property lines only
if:
(I) The buiiding site shali be subject to aII
requirements of this Chapter as thraugh the total area
comprised in the site were a single parcel.
(2) A covenant by the own~r(s) of the parcels
sha~l be filed with the Zaning Administrator and recorded
with the Caunty Recorder's office befare any use or
carn~ination of par~els occurs. The covenant shall state
the intention of the owner(s) to develap the parcels as
a single building site and shall be in the form required
by the Zoning Administrator.
5
SECTION 2. Section 9.04.Q8.35.050 of the Santa Monica
Municipal Cade is amended to read as follows:
9.04.0835.050 Preperty development standards.
All praperty in the Light Manufacturing and Studio
District shall be de~eloped in accordance with the
following standards:
{a) Maximum Bui~ding Height, The maximum building
haight shall be two stories, not to exceed thirty feet,
except the following projects may have a maximum height
of four stories, forty-five feet:
(1) Projects invalving the expansion af public
or private alementary and secondary schools (Grades K
through 12) existing prior to September 8, 1985.
{2) Entertainment-related facilities including
sound stages, movie studios, ed~ting faci~ities, post-
praduGtion facilities, set canstruction faciZities, and
special effects facilities.
(3) Theaters.
There shall be no limitation on the number of
stories of any detached parking structure so lang as the
height does not exceed th~ number of feet permitted in
the district.
{b) Maximum Floor .Area Ratio. Maxianum f~oor area
ratio shall be 1.0, except the fo~lowing prQjects may
have a~].oor area ratio of 1.5:
6
(1} Projects involving the expansion of public
or private elementary and secondary schools (Grades K
through 12) existing prior to September 8, 1988.
(2) With approval of a Development Review
Permit, projects including artist studios, provzded the
additianal .5 f~aar area ratio is devoted to artist
studio use, and the commercial square footage does not
exceed 1.0 floor area ratio.
(c) Minimum Lot Sise. The minimum lot size shall
be fifteen thousand square feet, each lot shall contain
a minimum depth of one hundred fifty feet and a minimum
width of ane hundred feet, except that lots existing on
the e~fective date of this Chapter shali not be subject
to this requirement.
(dy Front Yard Setback. A~1 landscaping shall be
in accordance with the provisions of Part 9.04.10.04 of
this Cade.
(e) Rear Yard Setback. No rear yard setback shall
be required except:
(1) Where the rear parcel line abuts a
res~dential district, a rear yard equal to:
5' +(staries x lot width)
50'
sha11 be required.
The required rear yard ~nay be used ~or parking or
loading to within five feet of the rear parce~ line,
provided the parking or loading does not extend above the
7
first floor level and providEd that a wail not less than
five feet or more than six feet in height is erected and
maintained alang the rear commercial parcel line. Access
shall be permitted t~ cross perpendicularly the requir~d
rear yard, provided the dri~reway does not exceed the
minimum width permitted for the parking area. A required
rear yard shall not be used for commercial purposes.
(2} Such rear yard setback as is necessary to
acca~+~Qdate landscaping and screening for a rear yard
buffer required pursuant to the provisions af Part
9.Q4.3~0.04 af this Code.
(f) Side Yard Setbaak. No side yard setback sha11
be requi.red except:
{1) Where the interior side parcel line abuts
a residential district, an interior side yard equal ta:
5' +{stories x lot width)
50'
shall be required.
Tha interior side yard may be used for parking or
loading no closer than five 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 five feet or more than six feet in height
is erected and maintained alang the side commercial
parcel line. A required interior side yard shall not be
used for access or for commercial purpases.
8
(2) Such side yard setback as is needed to
accammodate landscaping required for a street side yard,
landscape buffer and screening pursuant ta the provisions
of Part 9.04.10.04 of this Code.
(3) For portions of buildings that contain
windows, doors, or other ppenings inta the interior of
the building, a ten-faot setback fram an interior
property line shall be required. An interiar side yard
setback of less than ten feet shall be perm~tted if
provisions of the Uniform Building Code related to fire-
rated openings in side yards are satisfied.
(g) Buildinq Step Back. Building step backs sha11
be provided pursuant ta the requirements of Section
9.04.10.fl2.040,
(h) Olympic Boulevard Setback. Buildings shall be
setback a minimum of twenty feet from Olympic Boulevard.
(i} ~evelopment Revie~. A Development Review
Permit is required far any developm~nt of mare than
thirty thousand square teet of floor area, for any
development with rooftop parking, and for projects which
include artist studios with a 1.5 flo~r area ratio,
provided the additional .5 flaar area ratia is devoted ta
artist studio use, and the commercial square footage does
not exceed 1.0 floor area ratia.
9
SECTION 3. Section 9.04.08.56.060 of the Santa Monica
Municigal Cade is amended to read as follows:
9.04.08.56.D60 Property deveiopment stand~rds.
All property in the NW Overlay District shal~ be
developed in accordance with the same standards as those
listed fvr the underlying zoning district except for the
following, if different:
(a) R2 Maximum Buildinq Heiqht. Two staries not to
exceed twenty-three feet far a flat roa~, and thirty feet
for a pitched roof, except that there shall be no
limitation on the number of stories of any Affordable
Housing Project, as long as a~lawed building height is
not exceeded. A pitched roof is defined as a roof with at
least twa sides having no less than ane foot of vertical
rise far every three feet of horizontal run. The
exteriar waJ.ls af the building may nat exceed the
maxi~um height for a flat roof except that portion of
the wai~ within a roof gable.
(b) R3 Max~mum Hu~ldinq Hei.ght. Three stories, nat
to exceed thirty-five feet for a flat roof or forty feet
for a pitched roof, except that there shall be no
limitation on the number af stories of any Affordab~e
Housing Project, as long as allowed building height is
not exceeded. A pitched roof is defined as a roof with at
least two sides having no less than one foot of vertical
rise for every three feet of horizontal run. The exterior
10
walls of the building may not exceed the maximum height
for a flat roof except that portion af the wall within
the roof gable.
(c) Front Yara Setback. Twenty feet, or as shown
on the O~ficial Districting Map, whichever is greater. At
least twenty-four percent af the front elevation from the
grade level up to fourteen feet in height shall pravide
an additional five-faot average setback, and thirty
percent of the front elevatian above fifteen feet in
height shall pravide an additional ten-foot average
setback from the minimum frant yard setback.
(d} Side Yard Setback. The side yard setback shall
be determined in accardance with the following formula,
except for lots of less than fifty faet in width for
which the side yard shall be ten percent of the parcel
width but not less than 4 feet:
5' + {stori~s x lot width}
50'
No more than fifty percent of the side building
facade between three f~et and thirteen feet abave grade
may be at the same parallel. plane. A minimum separation
of at least two feet is required between parallel planes,
Fortions of the building between fourteen feet and thirty
feet shal]. provide an additional four-foot avarage
setback from the required minimum side yard setback.
Between f ourteen f eet and th irty f eet no more than f i f ty
percent of the side building facade may be at the same
11
parallel plane. A minimum separation of at least two feet
~s required between parallel planes. Portions of the
building between thirty-one feet and forty-five feet in
heiqht shall pravide an additional eight-foot average
setback fram the required minimum side yard setback.
Betwe~n thirty-one feet and farty-five feet no more than
fifty percent of the side building facade may be at the
same para11~1 plane. A minimu~n separation of at least two
feet is requirad between paralle~. planes.
The intent of this Sectian is to empower the
Architectural Review Board to require, as it sees
appropriate, greater setbacks and building articu~ation
to ensure compatibility of new buiiding with existing
development.
(e} IIsable Private Open Space. Al~ units shall
have the following minimum amounts of usable private
space per unit : one hundred square feet f or pro j ects with
four or five units, and fifty square feet for projects of
six units or more. Private open space shal~ include a
deck, yard, patio, or combination thereof which is
adjacent to, accessible from, and at the sa~ne vr
approximate elevation as the primary space.
(f) Maximum Unit Density. Density shall be the
same as that listed in the underlying zoning district
subject to the following exceptians:
12
(1) With regard to affordable housing projects
in which one hundred pereent of the propased units are
deed restricted for very low or moderate income, the
density may be one dwelling unit far every nine hundred
square feet of parcel area in the R3 District and one
dwelling unit for every twelve hundred f ifty square feet
in the R2 District.
{2) The density fln parcels consolidated after
the effective date af this Chapter with a tota~ square
footage greater than fifteen thousand square feet or
exceeding a combined street frontage of one hundred feet
shall be one dwelling unit for every fifteen hundred
square feet in the R3 District, and one dwelling unit for
every two thousand square feet in the R2 District.
SECTION 4. Santa Manica Municipal Code S~ctian 9.04.08.65.060
is amended to read as follows:
9.04.08.65.050 Froperty dev~lopment standards.
All property in the BR Overlay District shall be
develaped in accordance with the same standards as those
listed for the underlying zoning district except for the
following, if different:
(a) Masimum Buil~ling Heiqht. Twa st~ries, not to
exceed thirty feet, except that there shall be na
limitation on the number of staries of any Atfordable
Housing Project, as long as allowed building height is
13
not exceeded.
(b) Maximum Unit Density. One dwelling unit for
each one thousand two hundred f ifty square feet of parcel
area. NQ more than one dwel~.ing unit shall be per~nitted
oh a parcel of less than four thousand square feet if a
single family dwe~Iing existed on the parcel on September
8, 1988.
{c) Maximum Parcel Goveraqe. Fifty percent.
(d) Minimum Parcel Sise. Five thousand square
feet. Each parcel shall contain a minimum depth of one
ht~ndred feet and a minimum width af fifty feet, except
that parcels existing on September S, 1988 shall not be
subject to this requirement.
(e) Front Yard Setbaak. Twenty feet, or as shawn
on the Officia~ Districting Map, whichever is greater.
(f) Upper-Level Stepback Requirements.
(1) Additional Front Stepback Over Fouxteen
Feet in He~qht. For new structuras or additions to
existing structures, any portion of the frant building
elevation above fourteen feet exceed~ng seventy-five
percent of tha maximum buildable front elavation shall be
stepped back from the front setback line an additiona~.
average amount equal to four percent of parcel depth, but
in no case resulting in a requirement stepback greater
than ten feet. As used in this Section, "maximum
buildable elevatian" shall mean the maximum potential
14
length of the elevation permitted under these
regulations, which includes parcel width or length {as
applicable}, minus raquired minimum setbacks.
(2y Additional 8ide Stepback Over Fourtsen
Feet in Heiqht. For new structures or additions ta
existing structures, any portion of the side building
elevation above fourt~en feet exceeding fifty percent af
the maximum buildabie side elevation shall be stepped
back from the side setback line an additional average
amaunt equal to s~x percent of parcei width, but in no
case resulting in a required stepback greater than ten
faet.
(3} The upper-~evel stepback requirements may be
madified subject to the review and approval of the
Architectural Review Board if the Baard finds that the
~odification will not be detrimental to the property,
adjoining properties, or the general area in which the
property is located, and the objectives of the stepback
requirements are satisfied by the provision of
alternative stepbacks ar other features which reduce
effecti~e mass to a degree camparable to the relevant
standard requirement.
(g) Side Yard Setback.
(1} The side yard setback for lots af less
than ~ifty feet sha~l be ten percent of the parcel width
but not less than faur feet.
15
(2) For lots fifty feet in width or greater,
the side yard setback shall be determined in accordance
with the following formula:
5~ + (stories lot width)
50'
(h) Usable Private Open Space. A1~ units shall have
the following minimum amaunts of usable private open
space per un~t: one hundred square feet far projects
with four or five units, and fifty square feet for
projects of six units or more. Private apen space shall
include a deck, yard, patio or combination thereaf, which
is adjacent to, accessible from, and at the same or
approximate e~evation as the primary space.
SECTION 5. Santa Monica Municipal Code Section 9.04.10.0&.110
is amended to read as fol~ows:
9.04.10.q6.110 Nonparabalic comneercial
antennas-Regulations and desiqn standards.
(a) Commercial antennas sha~l be insta~led,
modified, and maintained in accordance with the following
standards:
(1} Na commercial antenna sha11 ba located in
a residential district.
(2} Commercia]. antennas may be located in all
other districts, except that the install.atian of
freestanding antenna structures which a11ow the
attachment af antennas shall be prohibited in the Main
16
Street Commercial (CM}, Neighborhood Cam~nercial (C2),
Residential-Visitor CoYnmercial (RVC) and Neighborhood
Commercial Overlay (N) Districts.
(3) One roofmounted TVRO nanparabolic antenna
structure and one freestanding antenna structure for each
seven thousand five hundred square feet of parcel area,
and in the case of mixed use ar residential development,
Qne TVRO nonparabolic antenna per residential dwelling
unit, shall be parmitted per parcel. The number of
antennas attached to a single support structure shali be
determined by the structural integrity of the support
structure.
(4y No fraestanding antenna structure shall
extend beyond fifte~n feet above the height limit of the
district.
(5~ A freestanding antenna structure shall not
be ~ocated between the face of the main building and any
public street or in any required front or side yard.
(6} One roofmounted TVRO nonparabolic antenna
and one vertical whip antenna of up to twenty-five faet
above the roofline shal~ be permitted per parcel_
Additional TVRO nonparabalic antennas or other
nonparal~o~ic antennas shall not extend beyond fifteen
feet above the raofline. All roofmounted antennas shall
be J.ocated or screened so as ta minimize pedestrian level
view fram public streets or from any neighbor~ng
17
residential uses.
(7) The display of any sign or any other
graphics an an antenna, antenna structure ar screening is
prohibit~d, ~xc~pt for public safety warnings, which
warnings must be placed no higher than eight feet above
the base of the antenna structure or screening.
(8) An antenna structure shall be finishad in
a color to blend in with its immediate surroundings, to
reduce glare, and ta minimize its visual intrusiveness
and negative aesthetic impact.
(9) A building permit shall be obtained prior
to the installation of an antenna structure, pursuant to
the requir~m~nts of the Building Code.
(b) Unless a finding is made that a proposed
antenna pases an actual threat ta the public health or
safety, the Zoning Administrator, or the Planning
Commission on appeal may approve a Use Permit to modify
the regulations and design standards of 5ub5~Ctl~~ (a)
paragraphs {1) , (2) , (3) , (4) , {5) , or (6), of this
Section, if tapoqraphical conditions, nearby tall
structures or other ~actars unreasonably obstruct or
otherwise unreasonably interfere with effective
transmxssxon o~ reception of the type desired and the
cause of such obstruction or interference was not created
by the applicant.
18
SECTION 6. Section 9.04.1U.14.040 is added to the Santa
M~nica Municipai Code to read as follows:
9.44.10.14.D40 R~gulatory incentives for the
production of la~er income and aenior housinq units.
Pursuant to Gavernment Cade Sectian 65915, the
following developer incentives shall be provided for the
praduction of lower incame and seniar housing units:
(a) When a developer of housing maets the
requirements of Government Code Section 65915(b),
(hereinafter a"state density bonus project"}, a density
increase of at least 25 percent over the otherwise
maximum allowable residential density in the applicable
aoning district sha~l be provided. The density bonus
shall apply to hausing developments consisting of five or
more dwelling units.
{b) As an additional incentive pursuant to
Government Code Section 65915(h), the parking requirement
for state density bonus projects is redt~ced fram that
otherwise applicable to multifamily housing. The parking
requirement for any unit in a state dens~ty bonus proj ect
which is deed restricted for occupancy by lower or very
law incom~ households shall be that set farth in
Municipa~ Cade Section 9.04.~0.08.040 for "multifamily
housing deed-restricted for accupancy by low and moderate
income households." The parking requirements for any
unit in a state density bonus project which is deed
19
restricted as a dwelling unit for a"qualifying resident"
pursuant to Government Cade Section 65915 shall be that
sst forth in MunicipaZ Code Section 9.04.10.08.040 for
"senior group hausing and seniar housing."
(c) In addition to the density increase and reduced
parking requirements described above, pursuant to
Municipal Code Section 9.04.2D.10.030, state density
bonus pro7ects are eZigibZe to appZy for a variance to
side yard setback requ~rements, to front or rear yard
setback requirements, and to parcel coverage
requirements.
(d} Pursuant to Municipal Code Sections
9.04,08.56.050(f}(I), 9.04.08.56.070(e)(1),
9.04.10.14.D20 and 9.04.1D.].4.030, a variety of
incentives ara provided for develapment of housing
projects in which all of the units are deed-restrzcted
for affordability.
(e} Pursuant to the provisions of the BCD, C2, C3,
C3-C, C4, C6, and CM Districts established in the
Municipal Code, incentives for the development af mixed
use projects and hausing projects are provided in the
fpx-m af greater allowable flaar area or flaor area
discounts.
SECTION 7. Santa Monica Municipal Code Section 9.04.12.13D is
amended to read as follows:
zo
9.04.12.130 Service stations.
The purpose of this Sectian is to ensure that
service stations do not result in an adverse impact on
adjac~nt land usesf especially residential uses. While
service stations are needed by residents, ~isitors, and
employees in the City, the traffic, glare, and patterns
o~ use associated with ser~ice stations, particularly
those open 24 hours per day, may be incampatible with
nearby uses, particularly residential uses. Mini-mark~ts
in service statiQns may cause greater impacts because
they are more likely ta serve people passing through the
City from other communiti~s than nearby residents, and
they tend to attract a higher incid~nce af crime.
Therefore, in the interest a~ protecting tha health,
safety, and general welfare of the City and its
residents, special regulations shali be imposed on
service stations, consistent with the goals, objectives,
and policies of the General Plan. The fallawing special
conditions shall apply to service stations:
(a) Applicability. Service statians may be permitted
with the approval of a Performance Standards Permit in
those districts as pravided in Subchapter 9.04.08. All
service st~tions shaii comply with the praperty
de~elopment standards for the district in which it is to
be located and with this section. Except as specificaily
identified, the provisions of this Section shall apply to
21
all new service stations and to all existing service
stations at such time as existing statians come before
the City for an expansion of 10~ or greater in f~oor
area, remodeling, or any other deve~opment that would
cost more than 50$ of the value of the improvements dn
the parcel at the time af remodeling, excluding land
value.
{b) Mibimum Lot Si$e. The minimum lot size sha~I
be 15,000 square feet.
(c) Minimum Street Frontage. Each parcel shall
have a minimum street frontage of 10o feet on each
abutting strset.
{d) Setbaaks. No building or structure shall be
located within 30 feet of any public right-of-way Dr
within 20 feet of any interior parcel line.
{e) Gasoline Pumps, Gasoline pumps shall be at least
15 feet from any property la.ne and a a~inimum of 20 feet
from any pub~ic right-oF-way.
(f) Caaogies. Canopies shall be at least 5 feet fram
any property line.
{g) Wal~s. 5ervice stations sha~l be separated from
an adjacent property by a decorative masonry wall of not
less than 6 feet in height. Materials, textures, colors,
and design of al~ walls shall Yae compatible with service
station design and adjacent properties. Na wall required
to be erected and maintainEd by this Section sha11 be
22
constr~cted within 5 feet of a driveway entrance ar
vehicle access way opening onto a street or alley which
would obstruct a cross view ~f pedestrians on the
sidewalk, a~ley, or elsewh~re by motorists entering or
standing on the parcel.
(h) Pa~vinq. The site sha~l be entirely paved, except
far bu~~dings and landscaping.
(i} Landscapinq. The service station site shall be
landscaped pursuant to the following standards:
{1) A minimum of ~5~ of the site shall be
landscaped including a p].anting strip at least 3 feet
wide along al.l interior parcel lines, non-driveway street
frontages, and adjacent to buildings. P].anters shall be
surrounded by masonry or concrete cuzbs and so arranged
as ta preclude motor vehicles from driving across the
sidewalk at l~cations other than access driveways.
Permanent opaque ~andscaping or berming shall be provided
and ~aintained in the planters at a height of not less
than 3 feet above the average adjacent grade.
(2) A minimum of 150 square foot landscaped
area shal~ be provided at the intersection of twa
property lines at a street corner.
(3j AII Zandscaped areas shall be properZy
maintained in a neat, orderly, and safe manner, pursuant
to Part 9.04.10.04. Such landscaping and ~aintenance
sha~l inc~ude, but not be ].i~ited to, the ins~al~a~ion
23
and use of an automatic irrigation system, permanently
and campietely installed, which delivers water directly
tv all landscaped areas.
(4) Al1 existing street trees shall be
preserved, and driveways and vehicle approaches shall be
designed so as not ta necessitate the removal of any
existing street trees.
(5) Final landscaping design treatment shall
be subject to review and approval by the Architectural
Review Board.
(j} Acces~ and Circulatian. For existing service
stations propasing an expansion of 10~ vr greater in
floar area, remodeling, or any othar development that
wauld cost more than 50~ of the value Qf the improvements
on the parcel at the time of remodeling, excluding land
value, existing dri~eways may remain in their present
lacation. If changes or modifications to the driveways
are prQposed, such changes shall be subject to the
approval of the City Parking and Traffic Engineer.
For new service stations, no mare than one driveway
with a maximum width of 35 feet shall be permitt~d on any
one street fx'antage and shall be locat~d as fol.lows.
Driveways shall not be located cZvser than 50 feet from
a street intersectian, ~5 feet from a residential
property line or alley, nar as to otherwise interfere
with the movement and safety af uehicu].ar and pedestrian
24
traffic, subject to the appraval of the Parking and
Traffic Engineer.
{k) All lubrication bays and wash racks shall be
located within a fully ~nclosed building. Access to the
service bays and wash racks shall not be located within
50 feet nf a residential~y zoned property.
{1) Parking. Parking shall be provided in the
fallowing manner:
(1} There shall be a minimum of two parking
spaces for each service bay, plus three spaces if
full-service, one space if self-service, plus one space
far each 100 square feet af retail area.
(2) The parking area shall be landscaped and
striped in conformance with Parts 9.04.10.04 and
9,04.10.1d.
(3) Customer and employee parking sha~l not be
utilized for automobile repair, finishing work, or
stvrage of veh~cles.
(4) Vehicles in the process of being ser~iced
may be parked on the premises for a maximum periad of two
weeks, b~xt additional parking spaces shall be provided
for thi.s purpose.
~5) No vehicZe that will be ar has been
serviced may be parked on public streets, sidewalks,
parkways, driveways, or alleys.
25
(6) No vehic~e may be parked on the premises
for the purpose of offering it far sale.
{m) Air and ~ater. Each service station shall
provide air and water to customers without charge and at
a convenient lacation during hours when gasoline is
dispensed.
(n) Restrooms. Each service station shall provide
a men's and women's public restroam which are accessible
tQ the general public including the physica~ly disabled
during all hours the service station is open to the
public. Restrooms shall be attached to a structure on
site with entrances or signage clearly visible from the
gasoline service area or cashier station and concealed
from view of adjacent properties by planters of
decorative screening and shall be maintained on a regular
basis.
{o) Telephones. At least one pub~ic telephona shall
be provided at each serva.ce station in a location that is
easily visible fram public rights-of-way.
(p) vending Machines. Coin-operated vending~aachines
may be permitted within ar abutting a structure for the
purpose of dispensing items commonly found in service
stations, such as refreshments and maps.
{q} Miui-Marts. Mini-marts may ba permitted an the
site of a service station sub~ect to the following
development standards:
26
(1) One on-site parking space for ~ach 100
square feet of retail space shall be provided in additian
ta the required park~ng spaces for the service station.
(2) The mini-mart shall b~ designed with
materials compatible with the service station and
surrounding properties.
{3) Arcade or game machines or other
coin-operated electronic machines shall be prohibited.
(r) Lacation of Aativities. Al1 repair and service
activities and operations shall be conducted entirely
within an enciosed service building, except as follows:
(1) The dispensing of petroleum products,
water, and air from pump islands.
{2) Replacement service activities such as
wiper blades, fuses, radiator caps, and lamps.
(3y Minor repair work taking less than one
hour to perform.
(4) The sale af items from vending machines
placed next to the principal building in a designated
area not exceed 32 square feet and screened from public
view.
(5) The display of inerchandise offered for
customer convenience on each pump island, pravzdad that
the aggregate display ar~a on each island shall not
exceed 12 square feet and that the products shall be
enc].osed in a specia].ly designed case.
z7
(6) Motor vehicle products displayed along the
front of the building and within 36 inches of the
building, limited to 5 feet in height and not m~re than
10 feet in length.
(s) Refuse Storaqe and Disposal. Trash areas shall
be provided and screened on at least three sides from
public view by a solid opaque impact-resistant wall not
less than 5 feet in height as required by Sectio~
9.04.10.02.150.
(1) All trash shall be deposited in the trash
area and the gates leading thereta shall be maintained in
working arder and shall rema~n closed except when in use.
(2) Refuse bins shaZ7. be provided and p~ac~d
in a locatian convenient for customers.
( 3) Trash areas shall not be used for storage.
The premises shall be kept in a neat and orderly
condition at all times and all improvements shall be
maintained in a candition of reasonab].e repair and
appearance. No used or discarded automotive parts or
equipment, or perinanently disabled, junked, or wrecked
vehicles may be stored ~utsida the main bui.lding.
(t) IItilitiea. A1~ utilities shall be p~aced
underground.
(u) Liqhtinq. Al1 Ii.ghting shall comply with the
provisions of Section 9.04.10.02.270.
28
(v) Equipment Rental. Renta~ of equipment such as
trailers and trucks shall be permitted subject to the
following restrictions:
(1) The rental equipment does not occupy or
interfere with the required parking for the automobile
service statian.
(2) The rentai of the equipment is clear~y
incidental and secondary to the main activity on the
site.
(3) The merchandise is screened from view in
conformanc~ with Section 9.04.10.02.130.
{w) Operation af Faailities. The service station
shall at all times be operated in a manner not
detrimental ta surrounding properties or residents. Site
activities shall not praduce or be reasonably anticipated
to produce any of the following:
(1) Damage or nuisance from noise, smoke,
odor, dust, or vibration.
[2) Hazard from explosion, contamination, or
fire.
(3) Hazard occasioned by the unusual vo~ume or
character of traff~c, or the cangregating of a large
number of people or vehicles.
(x) Security Plan. A security plan shall be
developed by the applicant and appraved by the City Chief
of Police prior to issuance af a building permit.
29
(y) Abandonment. Any legal nonconfarming service
station that is c~osed continuously for a periad of at
least one year shall be declared abandoned.
SECTION 8. Santa Monica Municipal Code Section 9.04.14.040 is
amended to read as follows:
9.04.14.04o Service stations.
The purpose of this Section is to ensure that
service stations do not result in an adverse impact on
adjacent land uses, especially residential uses. Whi1e
service stations are needed by residents, visitors, and
employees in the City, the traffic, glare, and patterns
of use associated with service stations, particularly
those open 24 hours per day, may be incampatible with
nearby uses, particularly residentia~ us~s. Mini-markats
in service stations may caus~ greater impacts because
they are more likely to serve people passing through the
City from other communities than nearby resid~nts, and
they tend ta attract a higher incidence of crime.
Therefore, in the interest of protecting the health,
safety, and general welfare of the City and its
residents, special regulations shall be impos2d on
service statians, consistent w~th the goals, objectives,
and policies of the General Plan. The foZZowing specia~
condztiQns shaZZ appiy to sarvice s~ations:
3~
(a) Applicability. Service stations may be permitted
with the approval of a Conditional Use Permit in those
districts as provided in Subchapter 9.04.08. All service
stations shall comply with the property development
standards for the district in which it ~s to be located
and with this Sectian. Except as specifically identified,
the p~ovisions of this Sectian shaZl app~y to aZZ new
service stations and to all existing service stations at
such time as existing statians come before the City for
an expansion of 10~ or greater in fioor area, or a
remodeling, or any other development that would cost more
than 50% af the va~.ue of the improvements on the parcel
~
at the time of remodeling, excluding land value.
(b} Minimum Lot Sise. The minimt~m lot size shall
be 15,000 square feet.
(cj Minimum Street Frontage. Each parce~ shall
have a minimum street frontage of 100 feet on each
abutting stxeet.
(d} Setbacks. No bui~ding or structure shall be
~acated within 30 feet af any public right-of-way or
within 20 feet of any interior parcel line.
(e} Gnaa~ine Pumps. Gasoline pumps shall be at least
15 feet from any property line and a mit~imum of 2b feet
from any public right-of-way.
(f) Canop~es. Canopies shall be at least 5 feet fro~-
any property line.
31
(g) ~alis. Service stations shal~ be sepa~ated from
an adjacent property by a decorativQ masanry wall of not
Zess than 6 f~et in he~ght. MateriaZs, textures, ca~ars,
and design of all walls shall be compatible with service
statian design and adjacent properties. No wall required
to be erected and maintained by this Section shall be
constructed within 5 feet of a driveway entrance or
vehicZe access way opening Qnta a street ar a~ley which
wauld obstruct a crass view of pedestrians an the
sidewalk, alley, or elsewhere by matorists entering or
standing on the parcel.
{h) Pavinq. The site shall be entirely paved, except
for buildznqs and landscaping.
(i) Landscapinq. The service station site sha11 be
landscaped pursuant to the foilawing standards:
(1) A minimum of 15~ of the site shall be
landscaped including a planting strip at least 3 feet
wide aZang al~ interior parcel Zines, nan-driveway street
frontages, and adjacent to buildings. Planters shall be
surrounded by masonry or concrete Curbs and so arranged
as to preclude motor vehicles from driving across the
sidewalk at locatians other than access driveways.
Permanent opaque landscaping or berming shall be provided
and maintairsed in the planters at a height af not less
than 3 faet above the average adjacent grade.
(2) A n~inimum of 150 square faot landscaped
32
area shall be provided at the intersection of two
property lines at a street carner.
(3) All landscaped areas shall be properly
maintained in a neat, orderly, and safe manner, pursuant
to Part 9.a4.10.04. Such landscaping and maintenance
shall include, but not be li~ited to, the installation
and use of an autamatic irrigation system, permanently
and completely installed, which delivers water directly
ta all landscaped areas.
{4} All existing street trees sha11 be
preserved, and driveways and vehicle appraaches shall be
designed sa as not to necessitate the removal of any
ex~sting street trees.
(5} Final landscaping design treatment shall
be subject to review and appraval by the Architectural
Review Board.
(j) Acoess and Circulation. For exist~ng service
stations praposing an expansian of 10~ or greater in
floor area, remodeling, or any ather development that
wauld cost more than 50$ af the value of the improvements
on the parcel at the time of remodeling, excZuding land
va~ue, existing driveways may remain in their present
Zacation. If changes or modifications ta the driveways
are proposed, such chanqes sha11 be subject tQ the
approval af the City Parking and Traffic Engineer.
33
For new service stations, no more than one dr~veway
with a maximum width of 35 feet shall be permitted on any
one street frontage and shal~ be located as fallows.
Driveways shall not be lacated closer than 50 feet fram
a street intersection, 15 teet from a r~sidential
prape~ty line or alley, nor as to otherwise interfere
with the movement and safety of vehicular and pedestrian
traffic, subject to the approval af the Parking and
Traffic Engineer.
(k} Al1 lubrication bays and wash racks shall be
located within a fully enclosed building. Access to the
service bays and wash racks shall not be located within
50 feet of a residentia].ly zoned property.
(1} Parkainq. Parking shall be provided zn th~
follvwing manner:
(1) There shall be a minimum ~f twa parking
spaces for each service bay, plus thrEe spaces if
fuil-service, one space if self-service, plus vne space
for each 100 square feet af retail area.
(2) The parking area shall be landscaped and
striped in canformance with Parts 9.04.10.04 and
9.Q4.10.10.
(3 j Customer and empzayee parking sha~2 nat be
utilized far automobile repair, finishing work, or
storage of v~hicles.
34
(4) Vehicles in the pracess of being serviced
may be parked on the premises for a maximum per~od of two
weeks, but additiona]. park3ng spaces shaZZ be provaded
for this purpose.
(5} No vehicle that will be ar has been
serviced may be parked on pub~ic streets, sidewa~ks,
parkways, driveways, or alleys,
{6) No vehicZe ~iay be parked on the preaiises
far the purpose of offering it for sale.
{m) Air and ~ater. Each service station sha~l
provide air and water to customers without charge and at
a con~enient locatian during hours when gasoline is
dispensed.
(n) Restroomss. Each service station shall provide
a men's and women~s public restroom which are accessible
to the qeneral public including the physically disabled
during all haurs the service station is open to the
public. Restrooms shall be attached to a structure on
site with entrances or signage clearly visible from the
gasaline service area ar cashier station and concealed
from view of adjacent praperties by planters af
decorative screening and shall be maintained on a regular
basis.
(o) Telephones. At least one public telephone shall
be provided at each service station in a location th~t is
easily ~isible fr~m public rights-of-way.
35
(p) 9ending Machines, Coin-operat~d vending machines
may be permitted within or abutting a structure for the
purpase of dispensing items commonly found in service
stations, such as refreshments and maps.
(q} Mini-Marts. Mini-marts may be permitted on the
site of a service station subject to the following
development standards:
(1) One on-site parking space for each 104
square feet of retail space shall be pravided in additian
to the required parking spaces for the service station.
(2) The mini-mart shall be designed with
materials compatibJ.e with the service statian and
surrounding properties.
(3) A~cade ar game machines or other
coin-operated electronic machines shall be prohibited.
(4} Un~ess otherwise approved by the Planni.ng
Commission, ar City Council on appeal, if the service
statian is within 100 feet af a residential district,
mini-mart operation sha~l b~ prohibited between the hours
of 10 p.m. and 7 a.m.
(r) Location of Activities. Al1 repair and service
activities and operativns shall be conducted entirely
within an enclosed service building, except as follows:
(1) The dispensing af petroleum products,
water, and air from pump islands.
36
(2} Replacement ser~ice activities such as
wiper blades, fuses, radiator caps, and lamps.
(3~ Minar repair work taking Zess ~han ane
hour to perform.
(4) The sale of items from vending machines
placed next to the principal building in a designated
area nat exceed 32 square feet and screened from public
view.
(5} The display of inerchandise affered for
customer convenience an each pump island, pzovided that
the aggregate display area on each island shall not
exceed 12 square feet and that the products shall be
enc3ased in a specialZy designed case.
(6) Motor vehicle products displayed along the
front of the building and within 36 inches of the
building, limited to 5 feet in height and not more than
1D feet in length.
(s) Refuse Storaqe and Disposal. Trash areas shall
be provided and screened on at least three sides from
public view by a solid opaque impact-resistant wall not
less than 5 feet in height as required by Sectian
9.04.10.02.150.
(1} Ali trash shall be d~posited in the trash
area and the gates leading thereto shall be maintained in
working order and shall remain closed except when in use.
(2} Refuse bins shall be provided and placed
37
in a locatian convenient for customers.
( 3} Trash areas shall nQt be used far storage .
The premises shall be kept in a neat and orderly
conditian at all times and al~ improvements shall be
maintained in a condition of reasonable repair and
appearance. No used or discarded automotive parts or
equipment, or permanently disabled, junked, or wrecked
vehicles may be stared outside the main building.
(t) IItilities. All utilities shall be placed
undergraund.
(u} Lightinq. Ail lighting shall cvmply with the
provisions o~ Section 9.d4.1d.02.270.
(v) Equipment Rental. Renta~ of equipment s~ch as
trailers and trucks shall be permitted subject to the
fo~lowing restrictions:
(1) The rental equipment does not occupy or
interfere with the required parking for the automabi~e
service station.
{2) The rental of the equipment is clearly
incidental and secondary ta the main aetivity on the
site.
(3~ The merchandise is screened from view in
conformance with Section 9.04.10.02.130.
(w) Operation of Facilities. The service station
shall at all times be operated in a manner not
detrimental to surrounding properties or residents. Site
38
activities sha_
to produce any
(1}
odor, dust, or
(2}
f ire .
L1 not produce or be reasonably anticipated
of the following:
Damage or nuisance from nQise~ smake,
vibration.
Hazard from explosion, contaminati~n, or
(3) Hazard occasioned by the unusual vo~ume or
character of traffic, or the congregating of a large
number of people or v~hicles.
(x) Security Plan. A security plan shall be
developEd by the applicant and approved by the City Chief
of Police prior to issuance of a building permit.
(y) Ab$ndGrm9IIt. Any legal nonconfor~-ing service
station that is closed continuausly for a period of at
least one year shall be declared abandoned.
SECTION 9. Santa Monica Municipal Cade Section 9.04.20.10.430
is amended to read as follows:
9.pa.20.10,030 Appiicabi.lity.
The Zoning Administratnr may grant a variance from
the requirements of this Chapter to:
(a) A11ow modification of the minimum iot sizes or
minimum parcel dimensians;
(b} Ailow the modificatian of the number and
dimensions of automobile parking spac~s, loading spaces,
and driveway requirements including those set by
39
Performance Standards, Use Permit Special Standards,
Special Conditions for Conditional Uses, reguiations of
the various zoning districts, the Off-Street Parking
Requirements, and the Off-Street Laading Requirements;
(c} Allow tha modification of fence heights;
(d) Allow the modification of yard setbacks or
parcel coverage vn:
(1) Parcels having a depth of 9a feet ar less
ar a width of 39 feet or ~ess,
(2) Nonrectilinear parcels or rectangular
parcels on which parallel property lines differ in length
a minimum of five feet,
(3) Parcels with a 12.5-foot grade differential
or more, as ~easured fram either any point on the front
parcel line to any point on the rear parcel line, or tram
any point an a side parcel line to any point on the
opposing side parcel line,
(4) Additions to the same flaar of an existing
building which is nonconfarminq as to yard setbacks,
where such addition follaws the line ~f the existing
building but in no case is closer than f~ur feet to a
praperty line,
(5j Parcels in the CM District on which
relocated structures that are identified on the
Historical Resaurces Survey as having a value of 1
through 5D or ~ahich are determined to be historically
40
significant by the Landmarks Commission are located. A
variance may apply anly to the relacated structure;
(e) For projects confar~ing to state density bonus
guidelines, allow encroachment int~ na more than 15
percent of ane side yard setback, and into 15 percent of
either the fr~nt or rear yard setback, and, except in
thase zones where an zncrease in parceZ coverage for
state density bonus projects is already permitted, allow
an increase in parcel caverage by no more than ten
percent of parcel area. In no case shall a rear yard
setback of less than five (5) feet be allowed;
{f) Al1ow buildings to exceed distr~ct height
limits by no more than f ive ( 5) feet in one of the
fallowing situations:
(1) If a parcei has a grade differential af
12.5 feet or more, as measured fram either any point on
the front parcel line to any point on the rear parcel
line, ar from any point on a side parcel line to any
point on the opposing side parcel line,
{2) Ta allow an addition to an existing
structure that is legally nancanforming as to height
provided the addition does not exceed the height line of
the existing building;
{g) Allow an addition to an existing building that
is legally nonconforming as to height provided all af the
fallowing criteria are met:
41
(1) The addition does nat exceed the height
line of the existing building,
(2} The addition does not exceed two {2)
percent of the total f~oor area of the building,
{3) The addition does not increase lat
coverage or the overall footprint of the building.
{4} The addition does not increase the density
or nu~ber of inhabitants or increase the intensity af use
of the building,
{5) The addition otherwise conforms to the
regulations of the district in which it is Iocated,
( 6} There is no f easible alternative methad of
attaining the desired use,
{7) There is no substantial advers~ impact ta
adjacent bui~dings, existing streetscape, privacy, nor
significant increases to the mass and bulk of the
building;
{h) AZlow the repZace~ent of an existing residen'tiaz
building in an OP District that is legally nonconforming
as to height where the parcel has a grade dif ferential of
12.5 feet or more, as measured from ea.ther any point on
the front parcel line to any point on the rear parcel
line, or fra~a any point on a side parceZ line to any
point on the opposing side parcel line provided the
following criteria are met:
42
(i) The replacement structure does not exceed
the height line of the existing bui~ding,
(2 } The repZacement structure does not ~ncrease
the density or square footage beyond the existinq
structure or increase the intensity of use of the
building,
(3} The replacement structure otherwise
conforms to the regtzZation Qf the district in which it is
located,
{ 4) There is no substantial. adverse ianpact ta
adjacent buildings, existing streetscape, privacy, nor
significant increases to the mass and bulk of the
building;
(i) Allow the madification af the required front
yard setback ta allow, in the case of existing
dEValopment, a detached garage pravided all of the
following criteria are met:
(1) The ~ot is ].ess than ].00 feet in depth,
{2) The on-site use is a single-family
dwelling,
(3) No alley access is available ta the site;
(j) A~Zow the modification of the side yard setback
for primary windows in the OP-2, OP-3 and OP-4 Districts
when the imposition of the required setback would
severely canstrain development on the project, an
43
alternative setback wauld still satisfy privat~ open
spac~ requirements, and maintain privacy far the
accupants af the project.
(k} Al1ow an additional story which would otherwise
not be permitted far an existing residential structure
provided all of the fo~lowing criteria are met:
(1) The existing structure has a finished
first floor level that is more than three feet above
average natural grade or theoretical grade,
(2) The street frontage and overall massing
are compatible with the existing scale and neighbarhood
cantext,
(3) The addition does not enlarge the first
floor of the existing residence such that a
nan-confarming conditian is expanded;
(4) The averall height of the structure with
the additional story does not exceed the height limit in
feet of the zoning district in which it is lacated;
{5) The addition otherwise confo~ms ta ~he
x-eguZations of the district ~n which it is Zocated.
SECTIoN 10. Any provision of the Santa Monica Municipal Cade
ar appendices thereta, incansistent with the provisions of this
Ordinance, to the extent of such inconsistencies and no further,
are hereby repealed ar madified to that extent necessary to eff~ct
the provisions of this Ordinance.
44
SECTION 11. If any section, subsection, sentence, clause, or
phrase of this ardinance is for any reason held to be invalid or
unconstitutional by a decision of any caurt of any competent
jurisdiction, such dacision shall not affect the validity of the
remaining partions af this Ordinance. The City Council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase nat dec~ared
invalid or unconstitutianal without regard to whether any portian
of the Ordinance would be subsequentZy declared invalid or
unconstitutional.
SECTION 12. The Mayar shall sign and the City Clerk shall
attest to the passage of this Ordinance. The City Clerk sha~l
caus~ this ordinance, or a summary thereof 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:
~~~4.f~X.i.[/1 ~C~i~V{,~-~{
MARSHA J~ES 1~OUTRIE
City Attorney
45
A~'ACHME~!' B
Attachment B
PROPOSED AMENDMENT TO GENER.AL ZONING REQUIREMENTS
9 . ~~ . 06 , o~a (g) m:: : .,~ ~:..`'.,~~, t.~.~~~~: ..~~.Y~ ~C ...,::,.~'.~„~.u u ~u ~~ed ao ~
:,~~ylc ~,a~c~~ A building or use may cross property lines anly if
(1) Th~ building site shall be subject to all requirements of th~s
Chapter as though the total area comprised in the site were a
s~ngle parcel.
(2} All ;~ ,-~.,.-. ~.-.,., za,,., ti~'".^_ ^.~.,..i i v.,. ~i.a...r ............~~ ...,,~~..«~i..,
~ ~.~~. ,.,~~~...~~.~ ~ ..u~~ ~.4 ...~..~ ~.~~.
{~2} A covenant by the owner(s) of the parcels sha~l be f~1ed with
the Zoning Adminis4rator and recorded with the County Recorder's
office before any use or combinat~on of parcels occurs. The
covenant shall state th~ intention of th~ owner{s) to develop the
parcels as a single bui~d~ng site and shall be in the farm required
by the Zaning Adrn3nistrator (Pr~.ar code S. 9002.i}
PROPOSED AMENDMENT TO LMSD REGULATIONS
9. 04 . 08 . 35 050 (g) Building Step Back. ^uy N:,y ~~..,..u ~~ ~uild~ ~y:
bCt.WCCTI }i.i~`_. ~L.~.~ ~ ;'a ~~~~ F~„~ Fv~`" ~~. ~"~ l"`- .,. .....~~..._ ~ :~}
~ ~, ~. Y ~ ~. ~.. ~ ~ 1' ~ ~ ~ ~ ~ ~~. ~.. ~ ~.. ~.
~ctbaclt from thc f~~ ~~ ~,~~~.~.~~r~ lir~ ~~u~~ ~~ ~~.~u~~~~. Building
step backs shall be provided pursuant to ~he requirements of
Section 9.04.10.02.040.
PROPOSED AMENDMENT T~ NW REGULATIONS
9.04.08 56.050 Property Development Standards.
All property in the NW Overlay Dastraet shal~ be developed in
accardance with the same standards as those listed for the
underlying zoning district except for the following, if da.fferent:
(a) R2 Maximum Bu~lding Height. Two stories not to exceed
twenty-three feet ~or a flat roof, and thirty feet for a pitched
roof, except that there shall be no ],imitatian oa tha number of
stories of any Affordable Housing Proj~ct, as long as allawed
building height is not exceeded. A pitched roof is defined as a
roof with at least two sides having no less than one faot of
vertical rise for every three feet of hori~ontal run. The exteriar
walls of the building may not exceed the maximum height for a flat
roof except that portion of the wall within a roof gable
(b) R3 Maximum Build~ng Height. Three staries, not ta exceed
thirty--five feet tor a flat roof or forty feet for a pitched roof,
except that there shall be no limitation on the nuznber of stories
of any Affordable Housing Project, as long as allowed building
height is not exceeded. A pitched roof is defined as a raof with
at least two sides having no less than one foot of vertical rise
for every thre~ feet of horizontal run. The exteriar walls of the
building may not exceed the maximum height for a flat rflof except
that por~ion of the wal1. within a roof gable.
PROPOSED AMENDMENT TO BR ~VERLAY DISTRICT REGULATION$
9.b4.08.&5.050(a} Maximum Building He~ght. Two storzes, not to
exceed thirty feet, except that there shall be no limitatian on the
number of stories of any Affordable Housing Project, as long as
allowed building height is not exceeded.
PR~PQSED AMENDMENT TO R28 REGULATIONS
9.04.08.62.060(a)(iii) There shall be no limitation on the number
af stora.es of an Affordable Housing Praject, as long as allowed
building height ia not exceeded.
PROPOSED AMENDMENT TD ANTENNA REGULATIONS
9.a4.1Q.06.110 Nonparabolic comm~rcial antennas - Regulations and
design standards.
(a)(4) No freestanding antenna s~ructure shall extend beyond
fifteen feet above the height ~irnit of ~.he district.
PROPOSED AMENDMENT TD PERFORMANCE ST~NDARDS FOR SERVICE
STATIONS
9 q4.12.130 Servlce Stations
(a) Applicability Service statior~s may be permitted with the
approvaZ of a Performance Standards Permit in those districts as
provid~d in Subchapter 9.D4 08. All s~rvice stations shal~ comply
with the property develflpment standards for the district in which
it is ta be located and with this sect~on. Excepti as specifically
identified, ~the pxovi~~ons of this Sectian shall apply to all new
service statzons and to a~l existing serv~ce sta~ians at such time
as existing stations come before the City for an expansion of lOfl
or greater in floor area, remodeling, or any other development that
would cost more than 50% af the value of the improvements o~ the
parcel at the time of remodeling, excluding land value.
~j) Access and Circulatian. For existing service stations
proposing an expansion of 10$ or greater in floor area, remodeling,
or any other developznent that would cast more than 50~ of the value
af ~he improvemerits on ~he pax-cel at the time of remodeling,
excluding land value, existing driveways may remain in their
present locatian. If changes or modifications to the driveways are
proposed, such changes sha11 be subject to the approval of the City
Parking and Traffic ~ngin~er.
For riew service stations, no more tha~ one driveway with a maximum
width of 35 feet shall be permat~ed on any one street frontage and
shall be located as follows:
(1? Driveways shall nat be lacated closer than 50 feet from a
street intersection, 15 feet from a residentiaz property Zi.ne o~
alley, nor as to othe~wise interfere with the movernent and safety
of v~hicular and pedestrian traffic, sub~ect to the approval of ~he
Park~ng and Traffic Englneer.
(~}{k) All lubricat~on bays and wash racks shall be located within
a fully enclased building. Acc~ss to the serv~ce bays and wash
racks shall not be located wa.thin 50 ~eet af a residentially zoned
prape~ty.
(renumber remaining sections)
PROPOSED AMENDMENTS TO CONDITTONAL USE PERMIT STANDARDS FOR
SERVICE STATIONS
9 04.14.040 Service Stations.
~a) ApplicabzJ.ity. Serv~ce stata.ons may be permitted with the
approv'al of a Conditianal Use Permit in thase districts as proved
in Subchapter 9,04.08. All servzce sta~ion.s shall comply with the
property development standards for tre district in which it is to
be located and with ~ ~~: ~c4L~..~~ the provisions of 9. b4 .12 .130 (b~
through (y). Except as specifically identified, ~the provisions of
this Sect~on shall apply ta all new service statians and ~o all
existing service stations at such time as existing stations come
before th~ City for an expansion of 1Qo or greater in floor area,
remodeling, or any other development ~hat would cost more than 500
of the va~ue of ~he improvements or_ ~he parce~ a~ ~he time of
rernodeling, excluding land value
{delete remaining sections)
Proposed Amendments td Density Boaus Section
9.44.10.14.040 Regulatary 7ncentives for the Production of Lower
Tnc4me and Senior Hausing Units.
Pursuant to Government Code Section 6S9I5, the fol~owing
developer incentives shall be provided far the production of lower
ineame and se~ior housing units:
(a) When a developer of housing meets the requirements of
Gavernmen~ Code Section 659I5(b), (hereinafter a"state density
bonus project"), a density increase of at least 25 percent ov~r the
otherwise maximum allowable residential density in the applicable
aoning district ahall be provided. The density bonus shall apply
to houeing developments cansisting of five or more dwelling units.
{b) As an addita.ona~ incer~tive pursuant to Government Code
Sectivn 65915(h), the parking requirement for state density bonus
proj~cts is reduced froz~ that Qtherwise app]~icabZe to muZtifamiZy
housing. The parking requirement for any una.t in a state density
bonus project which is deed restricted for occupancy by lower or
very low income households shall be that set forth in Municipa~.
Code 5ec~ion 9.~4.10.D8.040 ~or "multifamil.y housing deed-
restz~icted £or occupancy by law and moderate income househol,ds".
The parking requirements for any uriit in a state density bonus
project which is deed restricted as a dwelling unit for a
"qualifying resident" pursuant to Government Code Section 65915
sha11 be that set forth in Municipal Code Section 9.04.10.08.04Q
for "senior group housing and senior housing."
(c) In addition to the density increase and reduced parking
requirements described above, pursuan~ to Municipal Code Section
9.04.24.10.030, sta~e density bonus projects are eligible to apply
for a variance to side yard setback requirements, to front or rear
yard setback r~quirements, and to parcel coveraga requix~ements.
(d) Ptirsuant to Municipal Code Sections 9. U4. 08. 56. 050 (f} (1) ,
9.04.OB.S&.Q7Q(e)(1), 9.04.10.14.020 and 9.04.10.14.030, a v~riety
of incentives are provided for development of housing projects in
which alI of the units are deed-restricted £or affordability.
(e) Pursuant to the pravisions of the BCD, C2. C3, C3-C, C4,
C6, and CM Districts established in ~he Municipal Cade, incexitives
for the developaeent of mixed use project and housing projects are
provided in the form of grea~er allowable floor area or floor area
diacoun~s.
PROPOSED AMENDM~NTS TD VARIANCE SECTION
9.04.2a.10.030 Applicability.
'I'he Zoning Administrator may grant a var~.ance from the
requirernents of th~s Chapter to
ia) Al1.ow modification of the minirnum lot sizes or mini.mum
parcel dimensions;
;b) Al~ow the ~cuu~~~...~ .azodificatioa of the n~.ber a~d
dimensions of automobile parking spaces, e~ laading spaces, and
drivaways requirements including those aet by Performance
Standards, Use Permit Special Standards, Specia]. Condit.ions ~or
Conditional Uses, regulations of the various zoning districts, the
Off-Street Parking Req~eiirements. and the ~ff-Street Loac2ing
Requirements,
;c) Allow the madifzcation of fence heights;
,d) Allow the rnodificatian of yard setbacks or parcel
coverage on
il1 Parce~s havzr~g a depth of 90 feet or less or a wid~h of
39 feet or less,
(2; Nonrectilinear parcels or rectangular parcels on which
para11e1 property lines differ in length a minimum of five feet,
(3) Parcels with a 12.5 foot grade diff~rential or more, as
r~easured from either any poin~ an the ~ront parcel ~ine to any
point on the rear parcel line, or from any point on a side parcel
line to any po~nt an the opposing side p~rce- line,
(4 ) Additians to the same floor of an existing bu~lding wYrich
is nonconforming as ta yard setbacks, where such addit~on fa~lows
~he line of ~he ex~sting bua.lding but in no case is c~oser than
four f~et to a property line,
(5} Parcels in the CM District on which relocated structures
that are identified on the Historical Resources Survey as having a
value of 1 through 5D ar which are determined to be h~s~orical~y
szgn~f~cant by the Landrrtarks Commiss~on are Zocated. A varzance
may apply only to the relocated structure;
(e) For projects conforming to state density banus
guide~ines, allow encroachment iz~to no more than 15 percent of one
side yard se~back, and into 15 percent of either the front or rear
yard setback, and, exc~pt 3n those zones where an increase in
parcel caverage ~or state density bonus pro~ects is already
perrnitted, allow an increase in parcel coverage by no rnore than ten
percent of parceJ. area. In no case shall a rear yard setback of
less than five (5) feet be al~owed,
(f) Allow buzldings to exceed district he~gh~ limi~s by no
more than five (5) feet in one of ~.he following situations:
(1) If a parcel has a grade dif£Erential of 12.5 feet or
more, as measur~d from either any point on the f~ont parcel line to
any point on the rear parcel line to any paint on the opposing side
parcel line,
(2} ~'o allow an addit~on to an exist~ng structure that is
legally noncan~orming as ~o heigh~ provided the addition does not
exceed the height line of the existing building;
(g) Al1ow an addition to an existing bu~lding that is legally
nonconforming as to height provided all ot the following crite~~a
are met:
{1} The addition does not exceed the height line of the
existing bailding,
(2} The addition daes not exceed two (2) percent of the total
floor area of the building,
~3} The addit~on does not ~ncrease lot coverage or the
overall footprint of the building,
(4} The addition does not increase the density or numb~r of
inhabztants or increase the intensity of use of the building,
(5} The addition othezwise conforms ta the regulations of the
district ~n which it is located,
(6} There is no feasible alternaCive method af attaining the
desired use,
r7) There 3s no substantial adverse impact ~o ad~acent
bu~ldings, existing streetscape, privacy, nor s~gnificant increases
to the mass and bulk of the building,
(h) Allow the r~placement of an existing residential building
in an OP District that is legally nonconforming as to height where
the parcel has a grade differen~ial of 12,5 feet or more, as
measured from either any point on the front parcel line ta any
point on the rear parcel line, or from any point on a side parcel
line to any point on the opposiag side parcel line pravided the
following c~iteria are met:
(1) The replacement structure does nat exceed the height line
of the existing building,
(2) The replacement structure does not increase the density
or square footage beyond the existing structure or increase the
intensity of use of ~he building,
(3} The replacement structure atherwise canforms to the
regulations af the district in which it is located,
(4} There is no substantial adverse impact ~o adjacent
buildings. existing streetscapa, privacy, nor significant increases
to the mass and bulk of the building;
(i) Allow the modification of the required front yard setback
to allow, in the case of existing development, a detached garage
provided all of the following criteria are met
(1) The lot is less than 100 feet in depth,
(2) The on-s.zte use is a single-family dwe~Zzng,
(3) No alley access ~s availab~e to the site;
(~) Allow ~he modification of the side yard setback for
primary windows in the OP-2, OP-3, and OP-4 Districts when ~he
imposition of the required setback would severely constrain
develaprnent on the pro~ect, an altErnati~re setback would still
satisfy private open space requirements, and maintaln privacy ~or
~he occupants af ~.he project.
(k? Allow an additiona' stary which would otherwise nat be
permitt~d for an existing resider,tial struc~.ure provided a11 af the
following criteria are met:
(1) The existing structure has a finished f~rst floor level
that is rno~e than three feet b~~ :;,~ ,,,..~;, ~~ :~ ~~,. fc~~ above
average natural grade or theoretical grade,
(2) 'The street frontage and overall massing are compatible
with the existing scale and neighborhood context,
(3) The adaition daes not enlarge the =irst ~loor o~ the
existing residence such that a non-conforming condi~ion is
expanded;
(4) The overall height of ~he structure with the additional
stary does not exceed the height limi~ in feet af the zoning
district in which it Ys located;
{5} The addition atherwise conforms to the regulatians of the
d~s~rict ~n which ~t ~s ioeated. (Priar cade ~ 9113.3, amended by
Crd No. 1496C~S, adopted 5/26/89; Ord. No 1612CCS ~ 2, adapted
1/i4/92; Ord No. 1645CCS § 7, adopted 9/22/92; Crd. No. 1699CCS ~
2, ada~ted 8/10/93)
~:\plan\share~cc~strpt\MISTA3cc