SR-400-004 (5)
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APf\ 1 1 1989
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C/ED:DKW:bz
council Mtg: April III 1989
Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Zoning ordinance Cleanup I Text Amendments
INTRODUCTION
Proposed is the minor modification of a variety of sections of
the Santa Monica Municipal Code to clarify the newly-adopted
zoning ordinance. staff recommendation is for introduction and
first reading of the Text Amendments as submitted.
BACKGROUND
The new zoning ordinance became effective on September 8, 1988.
since that date, staff has become aware of a variety of minor
inconsistencies needing correction in the text of the new
ordinance. A number of simple corrections are proposed in this
staff report.
Additional modifications will be proposed at a
later date. These will include other language clarifications, as
well as policy issues which have arisen as a result of the
provisions of the new ordinance.
The
specific modifications
to
zoning ordinance
sections
identified in this staff report were legally noticed as required
by the Municipal Code.
The council may alter the recommended
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APR 1 1 1989
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amendments, but amendments to other sections can only be made at
future hearings noticed for that purpose.
On February 15, 1989 the Planning Commission conducted a public
hearing on the proposed amendments. No members of the publ ic
spoke. The Commission approved the proposed amendments with two
minor wording changes which staff supports and has incorported.
Modifications
Each of the recommended modifications are discussed below.
Actual text is shown on Attachment A. The proposed text
amendments are provided in ordinance form in Attachment B.
1) section 9000.3. Definition of Landscaped Area.
In thia definition, the words ".. .but not including walkways,
driveways, patios, and other landscaping," are repeated twice and
should only be present once.
2) section 9000.3. Oefinition of Residential Care Facility.
In this definition, the number 60 lacks a reference to age. This
is proposed to be added.
3} Section 9010.6.(a) Rl property Development standards.
The ambiguous Ueither or both" language and related wording would
be eliminated to clarify that the special setback must be
provided for any new construction in excess of l4 feet in height.
In addition, the words "above l4 feetll would be inserted to
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clarify that the calculation of the setback begins at the 14-foot
height rather than ground level.
4) Section 9010.6.(i) Modifications to Setbacks Above 14 Feet in
Height.
Presently, the code precludes homes with existing non-conforming
setbacks from even applying for a hearing before the ARB, even if
the non-confonning aspects of the building have no relation to
the requirements for setbacks above l4 feet. The words "provided
the entire structure complies with the setback requirements for
structures below 14 feet in height" would be deleted to allow
such buildings to be considered on their merits by the ARB.
5) Section 9011.6.(a) R2R Maximum Building Height
In the preparation of the zoning ordinance, the roof pitch figure
was inadvertantly assigned the percentage (%) rather than the
degree (0) sign. This would be corrected.
6) Section 9019.6. C3-C ~roperty Development Standards
Language would be added to clarify that the standards of the
Third Street Mall Specific Plan rather than the C3C zoning
provisions apply within that Plan's area.
7) Section 9024.2 CP Permitted Uses
The words II including at the ground floor" would be added to
reflect the Hospital Area Specific Plan's intent to allow
residential uses at the ground floor.
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8) Section 9040.3(b) Building Height and Exceptions to Height
Limit
section (1) would be modified to delete the word "chimneys" so
that chimneys in the Rl district can be permitted to exceed the
Rl height limit. section (3) (d) would be modified by the
deletion of the word "not" which is a typographical error. In
addition, a section (5) would be added to this section stating
that IIrn all districts, chimneys may extend no more than five
feet above the permitted height in the District."
9) Section 9040.5. Build-to-Line
The unnecessary words lIat least" would be deleted.
10) section 9040.8(a) Fence, Wall, Hedge, Flagpole
The word "parallel" would be replaced with the more appropriate
word "adjacent."
Processing Procedures
The proposed Text Amendments are categorically exempt from the
provisions of the California Environmental Quality Act, Santa
Monica Guidelines for Implementation. Class 5(12). The proposed
Text Amendments are also exempt from any fees.
The procedures for the processing of Text Amendments are
specified under SMMC section 9120.4. Within 60 days of an
application being deemed complete, a public hearing before the
Planning commission must be scheduled. The Commission has
conducted such a hearing, has made the required findings, and has
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recommended approval of the amendments. The City Council may, by
Ordinance, effect the amendment.
BUDGET/FINANCIAL IMPACT
The recommendations of this report have no budget/financial
impact.
RECOMMENDATION
It is recommended that the city Council introduce for first
reading the ordinance approving the Text Amendments set forth in
Attachment B and according to the following findings.
FINDINGS
l. The proposed amendments are consistent in principle with the
goals, objectives, policies, land uses and programs specified
in the adopted General Plan in that they correct minor
inconsistencies in the newly-adopted zoning ordinance, and
will clarify the City.s land use standards and procedures.
2. The public health, safety, and general welfare require the
adoption of the proposed amendments in that minor corrections
to the zoning ordinance are needed to facilitate the orderly
regulation of development in the City.
Prepared by: D. Kenyon Webster, Principal Planner
DKW:cg
hp/zoclea2
04/03/89
Attachment5: A:
B:
Text Amendments shown in strike-out/bold text
Ordinance for introduction and first reading
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.f'tf--t{f(Y\~,J t A-
ZONING ORDINANCE CLEANUP I RECOMMENDATIONS
Note: Deleted language is signified by iralic line-out text: new
language by bol4 face text.
l} Section 9000.3 Definition of Landscaped Area:
Landscaped A,~ea. The area wi thin the boundaries of a gi ven
parcel which consists of living plant material including, but not
1 imi ted to, trees, shrubs, woody and herbaceous ground covers,
grass, flowers, vines, irrigation systems, and other design
features commonly used in landscaping, ~~~ ~C~ ~u~~~~~~q
~~1~~~J~' ~~i~~~~y~, r==i==, ~ud ==~=~ l~~===~p~~g, but not
including walkways, driveways, patios, and other landscape
features that use smooth concrete or asphalt.
2) section 9000.3 Definition of Residential Care Facility:
Residential Care Facility. A group housing arrangement chosen
voluntarily by residents over 60 years of age, but also including
persons under 60 with compatible needs, who are provided varying
levels and intensities of care and supervision or personal care,
based upon their varying needs, as determined in order to be
admitted and remain in the facility.
3) Section 9010.6.(a) Rl Property Development Standards:
Section 9010.6. Property Development Standards. All property in
the Rl District shall be developed in accordance with the
following standards:
(a) Maximum Building Height. Two stories, not to exceed 28
feet, which includes mechanical equipment and screening. Fifty
percent of. e::. t.'":=: ;:,: ;;;:,=.'":. ;:,::ti;:~ side building elevations in
excess of 14 feet in height above the average natural grade at
the required side yard setback shall be setback an additional 1
foot for every 2 feet 4 inches above 14 feet of building height
to a maximum height of 2l feet. t;-;;..:iQ i'.iv-;"-~;;~c~ ;;:-"c.~l c.t==.;:l}t to
-~==:f. t:!..~::= ::.::= ::::;:~. ~~:::=t=-..:==i:;::: :;::lj'.;- No portion of the building
shall intersect a plane commencing 21 feet in height at the
minimum side yard setback and extending at an angle of 45
degrees from the vertical toward the interior of the site. on
lots of more than 20,000 square feet with a minimum of 200 feet
of street frontage, the height shall not exceed 35 feet for a
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pitched roof or 28 feet for a flat roof.
4) Section 9010.6.(i) Modifications to Setback above l4 feet in
height:
(i) Modifications to Setbacks above 14 feet in height. The
front yard and height setback requirements for the portion of a
structure above 14 feet in height may be modified subject to the
review and approval of the Architectural Review Board ~?8'.~it.ilca
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5) Section 901l.6.(a) R2R Maximum Building Height: Section
90ll. 6.
Property Development standards. All property in the R2R District
shall be developed in accordance with the following standards:
(a) Maximum Building Height. Two stories, not to exceed 25
feet, except that roofs or portions of roofs may extend to a
maximum height of 35 feet if the roof pitch is -~c; 30. or more on
at least two sides.
(b) Maximum Unit Density. There shall be a minimum of
fifteen hundred (1/500) square feet of lot area for each dwelling
unit. However, one duplex shall be permitted on any legal parcel
that existed on August 3l, 1975.
(c) Maximum Parcel Coverage. 60%
(d) Minimum Lot Size. 3,000 square feet. Each parcel shall
have a minimum depth of 100 feet and a minimum width of 30 feet,
except that parcels already developed and existing on the
effective date of this Chapter shall not be Subject to this
requirement.
(e) Front Yard setback. 10 feet.
(f) Rear Yard Setback. 15 feet.
(g) Side Yard Setback. The side yard setback
determined in accordance with the following formula,
lots of less than 50 feet in width for which the side
be 10% of the parcel width but not less than 4 feet:
shall be
except for
yard shall
5' + (stories x lot width)
50'
(h) Front Yard Paving. No more than sot of the required
front yard area including driveways shall be paved.
6) Section 9019.6 C3 property Development Standards: Section
9019.6.
Property Development Standards. The property development
standards for the C3-C District shall be four stories 56 feet and
2.5 FAR except that floor area devoted to residential uses shall
be discounted by 50%. However, within the Third Street Mall
Specific Plan area, and~with the exception of residential uses,
where the development standards of this Subchapter are
inconsistent with the Third Street Mall Specific Plan, the
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standards contained in the Third Street Mall Specific Plan shall
govern.
7) section 9024.2 CP Permitted Uses: Section 9024.2 Permitted
Uses. The following uses shall be permitted in the CP District,
if conducted within an enclosed building, except where otherwise
permitted:
(a)
(b)
(c)
(d)
(e)
(f)
quarters.
(g) Delicatessens.
(h) Drug stores.
(i) Florists.
(j) Gift or souvenir shops.
(k) Hospitals.
(l) Ice cream shops.
(m) Medical and dental clinics and laboratories.
(n) Medical and general offices.
(0) Medical supplies and services.
(p) Offices and meeting rooms for charitableJ youth, and
welfare organizations.
(q) Office supply stores.
(r) Public parks and playgrounds.
(8) Residential uses including residential uses at the
ground floor.
(t) Restaurants.
(u) Rest homes.
(v) sanitariums.
(w) Schools.
(x) Shelters for the homeless.
(y) Stationery stores.
(z) Accessory uses which are determined by the Zoning
Adm.inistrator to be necessary and customarily associated with,
and appropriate, incidental, and subordinate to, the principal
permitted uses and which are consistent and not more disturbing
or disruptive than permitted uses.
(aa) 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.
Adult day care facilities.
Artist studios.
Barber or beauty shops.
Child day care centers.
Confectionery stores.
Convents, monasteries
and other similar group living
S) Section 9040.3 (b) Building Height and Exceptions to Height
Lind t :
Section 9040.3. Building Height and Exceptions to Height Limit.
(a) The maximum allowable height shall be measured
vertically from the average natural grade elevation to the
highest point of the roof.
(b) The following shall be permitted to exceed the height
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limit in all zoning districts except the Rl District:
(l) Ch'':'''''''~'''.r8; vents, stacks, ducts, skylights and
steeples provided such projections do not extend more than 5 feet
above the permitted height in the District.
(2) Legally required parapets, fire separation walls,
and open work safety guard rails that do not exceed 42 inches in
height.
(3) Elevator shafts, stairwells, or mechanical room
enclosures above the roofline if:
a. The enclosure is used exclusively for housing
the elevator, mechanical equipment, or stairs.
b. The elevator shaft does not exceed 14 feet in
height above the roofline and the stairwell enclosure does not
eKceed 14 feet in height above the height permitted in the
district.
c. The area of all enclosures and other
structures identified in 9040.3(b) (1) that extend above the
roofline shall not exceed 25% of the roof area.
d. The mechanical equipment is ~~~ screened in
conformance with Section 9040.14.
e. The mechanial equipment enclosure does not
exceed 12 feet in height above the height permitted in the
district.
(4) The screening required pursuant to the provisions
of section 9040;l4 of tanks, ventilating fans, or other
mechanical equipment required to operate and maintain the
building provided the total area enclosed by all screening does
not exceed 30% of the roof area.
(5) In all districts, chimneys may extend no more than
five feet above the permitted height in the district.
9) section 9040.5 Build-to-Line
section 9040.5. Bui1d-to-Line. Notwithstandinq other provisions
of this Chapter, For all new buildings or additions to the front
or street side of existing buildings in the C2 and C3C Districts,
~~ ~~~Dt up to 50% of the front or street side facade area of the
first floor, or first and second floors in buildings with more
than one floor, may extend to the front or side street property
line so that the building visually reinforces the building facade
line of the street. The building may be set back from the front
or street side property line to accommodate shop entrances,
arcades, plazas, sidewalk cafes, other approved urban design
amenities, or landscaping required pursuant to the provisions of
Subchapter 5B.
10) section 9040.8(a) Fence, Wall, Hedge, Flagpole:
section 9040.8 Fence, Wall, Hedge, Flagpole. Any fence, wall,
hedge, or flagpole shall comply with the fOllowing standards:
(a) Fences, walls, or hedges shall not exceed six feet in
height when located in a required side yard or rear yard. Fences
or walls in the required side yard or rear yard may extend up to
eight feet in height when ;:~=-:::.2~~1 adjacent to any street or
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alley or upon the written consent of all current property
owner(s} and residents living on the parcel adjacent to the wall.
The consent shall be on the form approved by the Director of
Planning and shall be filed with the City prior to installation
of the fence, wall, or hedge. Fences, walls or hedges located in
a required street side yard shall not exceed 36 inches in height
within five feet of an intersection of the street side property
line and any driveway or alley.
(b) Fences, walls or hedges shall not exceed 42 inches in
height when located in a required front yard, except that on
corner parcels within five feet of an intersection, the fence,
wall or hedge height shall not exceed 36 inches in height.
(c) Fence, wall or hedge height shall be measured from the
existing grade on the lowest side of the fence, wall or hedge,
except when the fence, wall or hedge separates a residential
district from a commercial district, the height shall be measured
from the highest side of the fence, wall or hedge. In all cases,
the wall shall be measured in a continuum at each point along the
fence, wall or hedge.
(d) Free-standing flagpoles may not exceed the height
restrictions of the district in which they are located.
permdoc/zomod
DKW:bz
March 27, 1989
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