SR-400-005 (10)
PCD:SF:JT:AS:JL:TK:f:\plan\share\council\strpt\2003\03TA-012.DR Thresholds.doc
Council Mtg: December 9, 2003 Santa Monica, California
TO: Mayor and Councilmembers
FROM: City Staff
SUBJECT: Introduction And First Reading Of An Ordinance Amending Santa Monica
Municipal Code Sections 9.04.08.12.060(h), 9.04.08.14.060(g),
9.04.08.16.060(g), 9.04.08.22.060(f), 9.04.08.24.060(g),
9.04.08.26.060(g), 9.04.08.28.060(e), 9.04.08.30.060(h),
9.04.08.34.060(g), and 9.04.08.35.050(i) To Modify Development Review
Thresholds And Adding Section 9.04.10.14.050 To Exempt Certain
Housing Projects From The Modified Development Review Thresholds.
INTRODUCTION
This report recommends that the City Council introduce for first reading an ordinance
modifying the Zoning Ordinance to reduce the Development Review Thresholds in the
RVC, BCD, C2, C4, C5, C6, CM, CP, M1 and LMSD Districts and exempt certain
affordable housing projects including certain mixed-use projects from the modified
Development Review thresholds. The proposed ordinance is included with this report
as Attachment A.
BACKGROUND
On November 28, 2000, the City Council adopted an emergency interim ordinance,
Ordinance Number 1991 (CCS), which modified the Development Review thresholds in
the RVC, BCD, C2, C4, C5, C6, CM, CP, M1, and LMSD districts to 7,500 square feet.
This allowed for discretionary review of projects over 7,500 square feet and, therefore,
enhanced public participation. On February 13, 2001, the City Council adopted
Ordinance Number 1999 (CCS) extending the interim ordinance for a period of three
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years to provide staff with additional time to implement a permanent ordinance.
Ordinance Number 1999 (CCS) will expire on February 12, 2004.
On October 15, 2003, the Planning Commission adopted a Resolution of Intention
authorizing staff to prepare this text amendment in accordance with the City Council’s
direction. The Planning Commission reviewed the proposed text amendment on
November 5, 2003. While the Planning Commission recommended ordinance approval
to the City Council, consideration of the ordinance prompted a larger discussion
concerning affordable housing in the City, and specific remarks regarding the proposed
housing exemptions in the ordinance. Further analysis of the Planning Commission’s
comments is provided later in this report. A copy of the staff report is contained in
Attachment C.
ANALYSIS
Development Review Thresholds
A Development Review permit is intended to allow the construction of certain projects
for which the design and siting could result in an adverse impact on the surrounding
area. Projects subject to a Development Review permit typically have greater floor
area, building height, and intensity of uses than other improvements in the area. A
Development Review permit allows for the review of the location, size, massing, and
placement of a proposed structure, particularly as the project relates to the existing
improvements and neighborhood context. The City’s Zoning Ordinance establishes by
zoning district square footage thresholds for Development Review permits based upon
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the floor area of a project. A project that requires a Development Review permit is
subject to public review by the Planning Commission, with appeal to the City Council,
whereas a project below the Development Review permit threshold can be
administratively approved.
The existing interim ordinance that lowers the Development Review thresholds in the
RVC, BCD, C2, C4, C5, C6, CM, CP, M1, and LMSD districts was a result of concerns
regarding the administrative approvals of specific projects. Because these projects were
administratively approved, residents and members of the business community did not
have the opportunity to express concerns through a discretionary review process.
These concerns relate to projects adjacent to residential areas that are significantly out
of scale with the adjoining neighborhoods and that create significant adverse impacts on
these neighborhoods such as noise, traffic, parking, aesthetic, privacy, light and air, and
shade and shadow. The ministerial nature of the approval process has resulted in the
City’s inability to mitigate or address these impacts.
PLANNING COMMISSION ACTION
On November 5, 2003 the Planning Commission reviewed the proposed text
amendment and unanimously recommended approval to the City Council. Although the
Planning Commission generally supported the draft ordinance, some Commissioners
expressed concern that the lowered thresholds could have unintended consequences.
Specifically, there was concern that the proposed ordinance would encourage a pattern
of development along the commercial corridors that consisted of one story commercial
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buildings and limited residential development. A number of projects were cited as
examples of this type of development, but only one of which was built during the interim
ordinance period.
The Planning Commission also discussed its desire to further study ways to offer
incentives to encourage more affordable housing projects throughout the City, and one
Commissioner questioned the appropriateness of residential development along
commercial corridors. Generally, the Planning Commission expressed interest in
expanding affordable housing in the commercial corridors and sought to encourage the
production of more on-site affordable housing opportunities throughout the City. The
Commission acknowledged that this expanded analysis should occur outside the scope
of the Development Review thresholds ordinance.
The Planning Commission received one letter regarding the proposed ordinance, which
is included with this report as Attachment D. The correspondence recommends two
modifications that allow greater flexibility to the exemption provisions of the ordinance.
The interim ordinance exempts the following projects from the Development Review
requirement in the subject zoning districts:
?
Projects that contain a minimum of 80% of floor area devoted toward multi-family
uses with 10-15% of those units deed restricted for moderate or low-income
households provided on-site.
?
Affordable housing projects.
?
Projects located in the C2 and CM zones that require pedestrian-oriented uses
and where such uses exceed 20% of the total floor area of the project, provided
the maximum percentage allowed by Code is dedicated toward multi-family uses.
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It was suggested in the letter that projects also be exempt from the Development
Review thresholds if, consistent with the first exemption, a developer provides off-site
housing instead of on-site housing. Also recommended was a provision to allow
flexibility with regard to the 80% residential floor area minimum as a way to encourage
more mixed use developments.
Staff supports the suggestion to exempt projects that provide off-site housing consistent
with applicable municipal regulations. Allowing developers an opportunity to secure off-
site affordable housing is consistent with current practice and procedures already
provided for in the Municipal Code. Projects qualifying under this exemption would be
required to construct affordable housing units in close proximity to the project site and
will result in units being provided. Since off-site housing must be identified prior to
approval of a market rate development, the affordable units will be available at the same
time market rate units are ready to occupy. While some Commissioners believed the
off-site provision was beneficial, majority members supported no modification as a way
to encourage more on-site affordable housing units inter-mixed with market rate units.
Staff has modified the proposed ordinance to include the off-site affordable housing
exemption.
The second point in the letter suggests that the 80% residential requirement provided in
the exemption discourages housing and mixed use projects. It is recommended in the
letter that the flexibility afforded to the C2 and CM districts be extended to each of the
subject zoning districts. The reason for allowing greater flexibility in these two districts is
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to account for a provision requiring pedestrian-oriented uses at the ground floor. This
same standard does not exist in any other district. The argument made to change the
percentage focused on the desirability to encourage mixed use development in the
subject commercial districts by allowing greater commercial floor area. The letter notes
that no applicant has taken advantage of the mixed use exemption. The issue of
residential or mixed use projects is best addressed through the development standards
and not the process for project review. Staff believes this would be best evaluated
through a broader analysis that considers a variety of incentives to expand mixed use
development.
PROPOSED ORDINANCE
The proposed text amendment includes amending Zoning Ordinance Sections
9.04.08.12.060(h), 9.04.08.14.060(g), 9.04.08.16.060(g), 9.04.08.22.060(f),
9.04.08.24.060(g), 9.04.08.26.060(g), 9.04.08.28.060(e), 9.04.08.30.060(h),
9.04.08.34.060(g), and 9.04.08.35.050(i) to modify Development Review thresholds in
the RVC, BCD, C2, C4, C5, C6, CM, CP, M1, and LMSD districts, respectively, to 7,500
square feet and adding Section 9.04.10.14.050 to exempt certain affordable housing
projects including certain mixed-use projects from the modified Development Review
thresholds. Currently, the City’s Development Review thresholds range from 11,000
square feet to 30,000 square feet in floor area, depending on the zoning district. The
Development Review thresholds in the downtown area, specifically in the BSC, C3, and
C3C districts, are not included in the proposed text amendment as they will be
addressed along with the pending Downtown Design Guidelines. The current
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Development Review threshold in these districts is 7,500 square feet. In addition,
Ordinance Number 2040 (CCS) previously reduced the Development Review threshold
within the C2 district along Montana Avenue to 5,000 square feet. This interim
ordinance is due to expire on February 27, 2004 and will also require further analysis
and review prior to adoption of any permanent standards.
Reducing the Development Review threshold to 7,500 square feet would require
discretionary review and provide the opportunity for public participation. The
Administrative Approval process would only be eligible for small scale developments.
Such development would generally be compatible in scale with nearby multi-family
developments and is also consistent with the scale of existing older developments.
ANALYSIS OF PROPOSED ORDINANCE
Staff reviewed approved and pending applications outside the downtown area to
evaluate development trends in the three years preceding and after adoption of the
interim standards. Particularly noteworthy was that the number of administrative and
discretionary applications both before and after the interim ordinance remained fairly
constant. There was no obvious shift such as a decrease in administrative approval
applications and an increase in discretionary applications. Since the interim ordinance
was adopted, on average, there has been approximately 40,000 square feet less
commercial floor area produced each year and three less market rate housing units
produced. Only two projects that previously would have been administratively approved
required a Development Review permit and environmental analysis. No project in any of
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the subject zoning districts qualified under the interim exemption provisions. Although
not directly attributable to the interim ordinance, the amount of affordable housing units
for each three-year period increased from 13 to 129 units.
Based on the above information, the lowered threshold and proposed exemptions do
not appear to promote a particular pattern of development along the commercial
corridors or adversely impact housing. Whether the exemptions should be changed to
allow more commercial uses and therefore encourage more mixed use and housing
developments remains a policy consideration for the City Council.
The proposed ordinance would have some on-going impact to processing times and
applicant costs since the discretionary review process is lengthier and permits more
costly than administrative projects. However, in studying development trends over the
last six years outside the downtown area, staff found that the number of applications
processed prior to and since adoption of the interim ordinance has remained relatively
constant. The Planning Commission saw two additional projects due to the ordinance
which required additional staff effort to prepare environmental review. Given this
development permit pattern, staff does not believe the proposed ordinance will unduly
impact the amount of development. Instead, the ordinance will modify the development
process.
The proposed ordinance continues to offer incentives to encourage residential
development. For instance, residential projects would be eligible for floor area ratio
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bonuses or discounted residential floor area for the purpose of calculating the total floor
area ratio. Additionally, in determining whether a development review permit is required
for new development, floor area devoted to residential uses will continue to be
discounted by fifty percent (50%). Thus, even with the proposed changes, residential
development up to 15,000 square feet on a typical lot could be approved
administratively.
The proposed text amendment would also exempt certain housing projects from the
modified Development Review thresholds. These exempt projects and the reduction of
the development review thresholds would not alter the City’s substantial commitment to
promoting residential uses in non-residential zoning districts. Residential development
in all of the City’s commercial districts would still be authorized. Thus, residential
development could still occur in over 80% of the City’s acreage. In addition, allowing for
off-site affordable housing units to be included in projects that are exempt from the
Development Review thresholds would likely encourage housing development,
particularly affordable housing units.
CONCLUSION
Currently, the Zoning Ordinance requires Development Review permits for projects
ranging from eleven thousand to thirty thousand square feet, depending on the zoning
district. The proposed amendment would reduce the Development Review threshold in
the RVC, BCD, C2, C4, C5, C6, CM, CP, M1, and LMSD districts to 7,500 square feet.
Affordable and market rate housing projects, including mixed use projects that contain
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at least 80% of the floor for residential uses, and a percentage of affordable housing
units located on or off-site, would be exempt from the Development Review thresholds.
The lower thresholds would expand public review opportunities for some projects, but
could moderately increase the Planning Commission’s case load and require staff
resources to prepare environmental impact reports. Further, the time and cost
associated with the Development Review permit process would likely factor into a
developer’s decision to proceed with a project or propose a project that could be
administratively approved.
CEQA STATUS
The proposed ordinance is exempt from the provisions of the California Environmental
Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State Implementation
Guidelines in that CEQA applies only to projects having the potential to cause a
significant effect on the environment. The proposed reduction in development review
thresholds does not have this potential. Rather, the proposed amendment will expand
the number of projects subject to discretionary review and evaluated pursuant to CEQA,
while enhancing the public review process.
PUBLIC NOTIFICATION
Pursuant to Municipal Code Sections 9.04.20.22.050, notice of the public hearing was
published in the California section of the Los Angeles Times newspaper at least ten
consecutive calendar days prior to the hearing. Notice of the hearing was also sent to
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all neighborhood organizations, the Planning Commission, and posted on the City’s web
site. A copy of the notice is contained in Attachment B.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report has no budget or fiscal impacts.
RECOMMENDATION
It is recommended that the City Council introduce for first reading the proposed
ordinance included in Attachment A.
Prepared by: Suzanne Frick, Director
Amanda Schachter, Acting Planning Manager
Jonathan Lait, AICP, Senior Planner
Tony Kim, Associate Planner
City Planning Division
Planning and Community Development Department
ATTACHMENTS:
A. Proposed Ordinance
B. Notice of Public Hearing
C. November 5, 2003 Planning Commission Meeting Staff Report
D. Public Correspondence Dated November 5, 2003
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ATTACHMENT A
PROPOSED ORDINANCE
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F:\atty\muni\laws\barry\DRThresholds-1.doc
City Council Meeting 12-9-03 Santa Monica, California
ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS
9.04.08.12.060, 9.04.08.14.060, 9.04.08.16.060, 9.04.08.22.060, 9.04.08.24.060,
9.04.08.26.060, 9.04.08.28.060, 9.04.08.30.060, 9.04.08.34.060 AND 9.04.08.35.050
TO MODIFY DEVELOPMENT REVIEW THRESHOLDS AND ADDING SECTION
9.04.10.14.050 TO EXEMPT CERTAIN HOUSING PROJECTS FROM THE MODIFIED
DEVELOPMENT REVIEW THRESHOLDS.
WHEREAS, Sections 9.04.08.12.060(h), 9.04.08.14.060(g), 9.04.08.16.060(g),
9.04.08.22.060(f), 9.04.08.24.060(g), 9.04.08.26.060(g), 9.04.08.28.060(e),
9.04.08.30.060(h), 9.04.08.34.060(g), and 9.04.08.35.050(i) of the Santa Monica Zoning
Ordinance require the filing of a Development Review Permit application for projects
exceeding eleven thousand to thirty thousand square feet in floor area, depending on
the zoning district; and
WHEREAS, Section 9.04.10.14.030 of the Santa Monica Zoning Ordinance provides
special housing development standards and incentives to facilitate the development of alternative
housing development in the City, particularly affordable housing; and
WHEREAS, a Development Review Permit application is required for the construction of
certain projects for which the design, siting, and size could result in adverse impacts on the
surrounding area such as development that is proposed to be built to a greater intensity and
building height than generally permitted in the area; and
WHEREAS, the development review process is designed to ensure that the development
is compatible with and relates harmoniously with the surrounding neighborhood; and
WHEREAS, a project that requires a development review permit is subject to public
review by the Planning Commission, with appeal to the City Council, whereas a project
below the development permit review threshold can be administratively approved; and
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WHEREAS, the City itself is extremely dense with a land area of just eight square miles
and a population of approximately 85,000 people. Additionally, about 300,000 people work in
the City and approximately 500,000 people visit the City on weekends; and
WHEREAS, during recent years, the City has experienced an unprecedented economic
prosperity; and
WHEREAS, some of the housing developers during this period have taken advantage of
the opportunity to build multiple, large, identical or nearly identical projects on lots in close
proximity pursuant to administrative approvals; and
WHEREAS, while these projects helped the City achieve its goal of promoting housing,
the impact upon residents and businesses of the building boom in general and the building of
multiple identical or similar large projects on the same block has been substantial and dire; and
WHEREAS, high development review thresholds have resulted in the administrative
approval of projects adjacent to residential areas that are significantly out of scale with the
adjoining neighborhoods and that create significant adverse impacts on these neighborhoods
such as noise, traffic, parking, aesthetic, privacy, light and air, and shade and shadow; and
WHEREAS, the ministerial nature of the approval process has resulted in the City’s
inability to mitigate or address these impacts; and
WHEREAS, reducing the development review threshold to 7,500 square feet would
allow thorough review of the impacts of large projects and enable the public to participate in this
review. Reducing the development review threshold would also ensure that administrative
approval is only available to smaller scale developments which produce far fewer adverse
impacts on nearby residential neighborhoods. However, adoption of this ordinance would not
prohibit any uses currently authorized in the subject districts; and
WHEREAS, reducing the development review threshold would not alter the City’s
substantial commitment to promoting residential uses in non-residential zoning districts which is
manifest in City policy and law; and
WHEREAS, residential development in all of the City’s commercial districts would still
be authorized. Thus, residential development could still occur in over 80% of the City’s acreage;
and
WHEREAS, City policy provides substantial development incentives for residential
housing. For instance, in certain districts, certain floor area devoted to residential use is eligible
to receive additional FAR (Floor Area Ratio); and
WHEREAS, the City has eliminated the restriction on the number of stories that can be
built if the structure contains at least one floor of residential use and has increased the maximum
height of projects with a designated number of floors of residential use; and
WHEREAS, the City’s Affordable Housing Production Program housing fees are also
discounted for residential development in commercial areas; and
WHEREAS, this ordinance exempts projects that are one hundred percent affordable to
households with incomes of eighty percent of median income or less or projects that contain a
minimum of eighty percent (80%) of floor area devoted to multi-family residential use provided
that at least fifteen percent (15%) of the housing units are deed-restricted for households with
incomes of eighty percent (80%) of median income or less or at least ten percent (10%) of the
housing units are deed-restricted for households with incomes of sixty percent (60%) of median
income or less. Projects in the C2 and CM districts which are required by the City’s Zoning
Ordinance to devote more than twenty percent (20%) of floor area to pedestrian oriented uses
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shall also be exempt if these projects contain the maximum percentage of multi-family
residential use authorized by the Zoning Ordinance and the affordable units specified above; and
WHEREAS, the ordinance’s exemptions for affordable housing projects and projects
with a significant percentage of their units affordable to low income tenants advances several
goals and policies of the City’s Housing Element including, but not limited to, Housing Element
Policy 2.8 (Continue to provide development incentives and reduced planning fees for
development of affordable housing); and
WHEREAS, in light of the concerns expressed above, the City Council adopted
Ordinance Number 1991 (CCS) on November 28, 2000, a forty-five day ordinance which
modified the development review thresholds in the RVC, BCD, C2, C4, C5, C6, CM, CP, M1,
and LMSD districts; and
WHEREAS, Ordinance Number 1991 (CCS) also exempted certain housing projects
from the modified Development Review thresholds; and
WHEREAS, the City Council adopted Ordinance Number 1999 (CCS) on February 13,
2001, which extended the development review thresholds in the RVC, BCD, C2, C4, C5, C6,
CM, CP, M1, and LMSD districts on an interim basis; and
WHEREAS, Ordinance Number 1999 (CCS) expires on February 12, 2004; and
WHEREAS, in preparing its 2000-2005 Housing Element, the City contracted with the
policy, financial, and management consulting firm of Hamilton, Rabinovitz & Alschuler
(“HR&A”). HR&A undertook an extensive review and analysis of numerous governmental
programs, policies, and regulations to assess whether they operated as a constraint on housing
development. One of the regulations analyzed was Ordinance No. 1999 (CCS); and
WHEREAS, HR&A determined that Ordinance No. 1999 (CCS) did not operate as a
constraint on housing development; and
WHEREAS, that conclusion remains unchanged for the proposed ordinance; and
WHEREAS, the Planning Commission considered the proposed text amendment on
November 5, 2003 and voted to forward to the City Council a recommendation of approval of
this request except the Planning Commission did not support allowing exempt projects to
provide affordable housing off-site; and
WHEREAS, the City Council held a pubic hearing on this proposed text amendment on
December 9, 2003; and
WHEREAS, the proposed text amendment is consistent in principle with the goals,
objectives, policies, land uses, and programs specified in the adopted General Plan, specifically,
Land Use Element Objective 1.2, which states that the City’s land use policies should seek to
“ensure compatibility of adjacent land uses” in that the proposed amendment reduces the scale of
developments eligible to be administratively approved so as to not produce adverse impacts on
nearby neighborhoods; Land Use Element Objective 1.6 which states that the City’s land use
policies should seek “to accommodate commercial uses which serve regional, community, and
local needs while respecting the adjacent residential neighborhoods” in that the proposed
amendment would ensure that development provides a more sensitive transition between
commercial and residential uses and is compatible with the existing neighborhood context; and
Housing Element Policy 2.8 which states that the City’s housing policies should seek to
“continue to provide development incentives and reduced planning fees for development of
affordable housing” in that the proposed amendment would exempt certain housing projects from
the Development Review thresholds as well as continue to either provide FAR bonuses for the
residential components of development projects or discount the residential floor area for the
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purpose of calculating FAR, thereby continuing to provide development incentives for affordable
housing; and
WHEREAS, for the reasons detailed above, the City Council finds and declares that the
public health, safety, and general welfare require the adoption of the proposed text amendment in
that reducing the development review threshold will allow close review of the impacts of large
projects ensure that detrimental impacts of these projects are adequately addressed, and enable
the public to participate in this review,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
HEREBY ORDAIN AS FOLLOWS:
Santa Monica Municipal Code Section 9.04.08.12.060 is hereby amended to read as
follows:
Section 9.04.08.12.060 Property development standards
.
All property in the RVC District shall be developed in accordance
with the following standards:
Maximum Building Height and FAR.
(a) Maximum building
height, number of stories and floor area ratio shall be determined as
follows:
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Table 9.04.08.12.060
MAXIMUM BUILDING HEIGHT AND FAR
(1)
Properties Bounded by Maximum Maximum Number Maximum
the Following Streets Height of Stories FAR
Pier Overlay:
a. Santa Monica Pier.
The Deauville site to
the north, Seaside Terrace
to the south, The Promenade
to the west, and Ocean Avenue
to the east, except parcels
fronting on Ocean Avenue. 30' 2 1.0
b. Parcels fronting on
Ocean Avenue. 30' 2 .5
c. Replacement of Sinbad's
building only on the
Santa Monica Pier. 40' 3 1.0
d. Amusement rides on the
Santa Monica Pier. 85' for one Ferris Wheel;
55' for one Roller Coaster;
45' for all other amusement rides.
West side of Ocean Avenue
from Pico Boulevard
to Seaside Terrace
(Ocean Avenue Fronting
Parcels Only). 45' 3 2.0
East side of Ocean Avenue
to First Court from
Colorado Avenue to
California Avenue. 45' 3 2.0
For parcels located along
the Pacific Coast
Highway between the
Santa Monica Pier and
the north City limits. 23' 2 0.5
flat roof
30'
pitched roof
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(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.
(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) For parcels located along the Pacific
Maximum Unit Density.
Coast Highway between the Santa Monica Pier and the north City limits,
those parcels greater than four thousand square feet, one dwelling unit for
each fifteen hundred square feet of parcel area is permitted. For parcels
less than four thousand 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 forty feet or less in width.
Maximum Parcel Coverage.
(c) Seventy percent except that for
parcels located along the Pacific Coast Highway between the Santa
Monica Pier and the north City limits, the maximum parcel coverage shall
be fifty percent.
Minimum Lot Size.
(d) Five thousand square feet. Each parcel
shall contain a minimum depth of one hundred feet and a minimum width
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of fifty feet, except that parcels existing on September 9, 1988, shall not
be subject to this requirement.
Front Yard Setback.
(e) (1) Thirty-five feet along the west side
of Ocean Avenue south of Colorado Avenue, twenty feet on the east side
of Ocean Avenue south of Colorado Avenue and five feet on all other
streets, except that for parcels located along the Pacific Coast Highway
between the Santa Monica Pier and the north City limits, the front yard
setback shall be twenty feet or as shown on the Official Districting Map,
whichever is greater. (2) At least thirty percent of the building elevation
above fourteen feet in height shall provide an additional five-foot average
setback from the minimum required front yard setback.
Rear Yard Setback.
(f) Fifteen feet, except that for parcels
located along the Pacific Coast Highway between the Santa Monica Pier
and the north City limits, the beach rear yard setback shall be fifteen feet
for parcels one hundred feet or less in depth, fifty-five feet for parcels over
one hundred feet in depth.
Side Yard Setback.
(g) The side yard setback shall be
determined in accordance with the following formula, except for lots of less
than fifty feet in width for which the side yard shall be ten percent of the
parcel width but not less than four feet:
5'+ ( stories x lot width)
50'
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For parcels located along the Pacific Coast Highway between the
Santa Monica Pier and the north City limits, at least twenty-five percent of
the side elevation above fourteen feet in height shall provide an additional
four-foot average setback from the minimum side yard setback.
Development Review.
(h) Except for projects listed in Section
Deleted:
A
9.04.10.14.050, a development review permit is required for any
Deleted:
fifteen thousand
development of more than seven thousand five hundred square feet of
Deleted:
on the Promenade, thirty
thousand square feet of floor area in
floor area and for any development with rooftop parking. Square footage
all other areas of the District,
devoted to residential use shall be reduced by fifty percent when
calculating whether a development review permit is required.
View Corridor.
(i) For parcels located along the Pacific Coast
Highway between the Santa Monica Pier and the north City limits, any
structure with seventy feet or more of frontage parallel to the Pacific Coast
Highway shall provide an unobstructed view corridor between Pacific
Coast Highway and the ocean. The view corridor shall be a minimum of
twenty 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.
Parking.
(j) 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.
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Pedestrian Orientation.
(k) Ground floor street frontage of each
structure shall be designed with pedestrian orientation in accordance with
Section 9.04.10.02.440 of this Chapter.
Santa Monica Municipal Code Section 9.04.08.14.060 is hereby amended to read as
follows
Section 9.04.08.14.060 Property development standards
.
All property in the Broadway District shall be developed in
accordance with the following standards:
Maximum Building Height.
(a) Two stories, not to exceed thirty
feet except that if fifty percent or more of the building is residential, three
stories, not to exceed forty-five feet. There shall be no limitation on the
number of stories of any structure containing at least one floor of
residential use, so long as the height does not exceed the maximum
number of feet permitted in this Section.
Maximum Floor Area Ratio.
(b) The maximum floor area ratio
shall be determined as follows:
FAR if at Least Thirty
Percent of Project
is Residential, or if at
Least Eighty Percent
Parcel of the Project is a
Square Footage FAR Grocery Store
0 - 15,000 1.0 1.5
15,001 - 22,500 0.90 1.3
22,501 and up 0.80 1.15
Minimum Lot Size.
(c) Seven thousand five hundred square
feet. Each parcel shall have minimum dimensions of fifty feet by one
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hundred fifty feet, except that parcels existing on the effective date of this
Chapter shall not be subject to this requirement.
Front Yard Setback.
(d) Landscaping as required pursuant to
the provisions of Part 9.04.10.04.
Rear Yard Setback.
(e) None, except:
(1) Where rear parcel line abuts a residential district, a rear yard
equal to:
5' +
(stories x lot width)
50'
The required rear yard may be used for parking or loading to within
five feet of the rear parcel line provided the parking or loading does not
extend above the first floor level and provided that a wall not less than five
feet or more than six feet in height is erected and maintained along the
rear commercial parcel line. Access driveways shall be permitted to
perpendicularly cross 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.
(f)
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'
22
The interior side yard may be used for parking or loading to within
five feet of 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
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 ten-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 ten
feet shall be permitted if provisions of the Uniform Building Code related to
fire-rated openings in side yards are satisfied.
Development Review.
(g) Except for projects listed in Section
Deleted:
A
9.04.10.14.050, a development review permit is required for any
Deleted:
twenty-two thousand five
hundred
development of more than seven thousand five hundred square feet of
floor area and for any development with rooftop parking. Square footage
devoted to residential use shall be reduced by fifty percent when
calculating whether a development review permit is required.
(h)
Pedestrian Orientation.
Ground floor street frontage of each
structure shall be designed with pedestrian orientation in accordance with
Section 9.04.10.02.440 of this Chapter
23
SECTION 3. Santa Monica Municipal Code Section 9.04.08.16.060 is hereby amended
to read as follows:
Section 9.04.08.16.060 Property development standards
.
All property in the C2 District shall be developed in accordance with
the following standards:
(a)
Front Yard Setback.
Landscaping as required pursuant to the
provisions of Part 9.04.10.04. The building must comply with build-to-line
requirements pursuant to the provisions contained in Section 9.04.10.02.050.
(b)
Maximum Building Height.
Two stories, not to exceed thirty feet.
(c)
Maximum Floor Area Ratio.
The maximum floor area ratio shall
be determined as follows:
(1) C2 District other than Pico Boulevard:
FAR if at Least Thirty
Percent of Project
is Residential, or if at
Least Eighty Percent
Parcel of the project is a
Square Footage FAR Grocery Store
0 -- 7,500 .75 .75
7,501 -- 15,000 .50 .75
15,001 -- 22,500 .45 .65
22,501 and up .40 .55
(2) C2 on Pico Boulevard:
FAR if at Least Thirty
Percent of Project
is Residential, or if at
Least Eighty Percent
Parcel of the project is a
Square Footage FAR Grocery Store
0 -- 7,500 1.0 1.0
7,501 -- 15,000 0.70 1.0
15,001 -- 22,500 0.60 0.85
24
22,501 and up 0.50 0.75
Minimum Lot Size.
(d) Seven thousand five hundred square
feet. Each parcel shall have minimum dimensions of fifty feet by one
hundred fifty feet, except that parcels existing on the effective date of this
Chapter shall not be subject to this requirement.
Rear Yard Setback.
(e) None, except:
(1) Where rear parcel line abuts a residential district, a rear yard
equal to:
5' +
(stories × lot width)
50'
The required rear yard may be used for parking or loading to within
five feet of the rear parcel line provided the parking or loading does not
extend above the first floor level and provided that a wall not less than five
feet or more than six 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.
(f)
Side Yard Setback.
None, except:
(1) Where the interior side parcel line abuts a residential district,
an interior side yard equal to:
25
5' +
(stories × lot width)
50'
The interior side yard may be used for parking or loading to within
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
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 ten-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 ten
feet shall be permitted if provisions of the Uniform Building Code related to
fire-rated openings in side yards are satisfied.
Development Review.
(g) Except for projects listed in Section
Deleted:
A
9.04.10.14.050, a Development Review Permit is required for any
Deleted:
eleven thousand
development of more than seven thousand five hundred square feet of
floor area. Square footage devoted to residential use shall be reduced by
fifty percent when calculating whether a development review permit is
required.
26
SECTION 4. Santa Monica Municipal Code Section 9.04.08.22.060 is hereby amended
to read as follows:
Section 9.04.08.22.060 Property development standards
.
There shall be no limitation on the number of stories of any hotel,
detached parking structure, or structure containing at least one floor of
residential use, so long as the height does not exceed the maximum
number of feet permitted in this Section. All property in the C4 District shall
be developed in accordance with the following standards:
(a)
Maximum Height and Floor Area Ratio.
(1) For parcels in the C4 District fronting on Lincoln Boulevard
south of the Santa Monica Freeway, Pico Boulevard between Ocean
Avenue and 4th Court, and Pico Boulevard between 7th Street and 11th
Street, maximum height shall be two stories, not to exceed thirty feet, and
the floor area ratio shall be determined as follows:
FAR if at Least Thirty
Percent of Project is
Residential, or if at
Least Eighty Percent of
Parcel the Project is a
Square Footage FAR Grocery Store
0 -- 7,500 1.0 1.0
7,501 -- 15,000 0.70 1.0
15,001 -- 22,500 0.60 0.85
22,501 and up 0.50 0.75
(2) For parcels in the C4 District fronting on Broadway, Santa
Monica Boulevard, and 14th Street between Pico Boulevard and the Santa
27
Monica Freeway, the maximum height shall be two stories, not to exceed
thirty feet, and the floor area ratio shall be determined as follows:
FAR if at Least Thirty
Percent of Project is
Residential or Automobile
Dealership with CUP, or if
Parcel at Least Eighty Percent of
Square Footage FAR the Project is a Grocery Store
0 -- 7,500 1.5 1.5
7,501 -- 15,000 1.0 1.5
15,001 -- 22,500 0.90 1.3
22,501 and up 0.80 1.15
(3) For parcels in the C4 District fronting on Lincoln Boulevard
north of the Santa Monica Freeway, the maximum height shall be three
stories, not to exceed forty-five feet, and the floor area ratio shall be
determined as follows:
FAR if at Least Thirty
Percent of Project
is Residential, or if at
Least Eighty Percent Parcel
of the Project is a
Square Footage FAR Grocery Store
0 -- 7,500 1.5 1.5
7,501 -- 15,000 1.0 1.5
15,001 -- 22,500 0.90 1.3
22,501 and up 0.80 1.15
28
(4) For parcels in the C4 District fronting on Pico Boulevard
between 21st Street and 31st Street, subject to Section
9.04.08.22.060(a)(5), the maximum height shall be two stories, not to
exceed thirty feet, and the floor area ratio shall be determined as follows:
FAR if at Least
Thirty Percent of
Project is Residential
or if at Least Eighty FAR with CUP
Parcel Percent of the Pursuant to
Square Project is a Section 9.04.08-
Footage FAR Grocery Store .22.060(a)(5)
0 -- 7,500 1.5 1.5 2.0
7,501 -- 15,000 1.0 1.5 2.0
15,001 -- 22,500 0.90 1.3 2.0
22,501 and up 0.80 1.15 2.0
(5) Subject to the approval of a Conditional Use Permit, a project
on a City-owned parcel in the C4 District fronting on Pico Boulevard
between 21st Street and 31st Street shall be permitted a FAR bonus and
a height of three stories, forty-five feet, if the project contains a full service
grocery store having at least five thousand square feet of gross floor area.
(b)
Minimum Lot Size.
Seven thousand five hundred square feet.
Each parcel shall contain a minimum depth of one hundred fifty feet and a
minimum width of fifty feet except that parcels existing on the effective date of
this Chapter shall not be subject to these requirements.
(c)
Front Yard Setback.
Landscaping as required pursuant to the
provisions of Part 9.04.10.04.
(d)
Rear Yard Setback.
None, except:
29
(1) Where rear parcel line abuts a residential district, a rear yard
equal to:
5' +
(stories × lot width)
50'
The required rear yard may be used for parking or loading to within
five feet of the rear parcel line provided the parking or loading does not
extend above the first floor level and provided that a wall not less than five
feet or more than six feet in height is erected and maintained along the
rear commercial parcel line. Access driveways shall be permitted to
perpendicularly cross 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.
(e)
Side Yard Setback.
None, except:
(1) Where the interior side parcel line abuts a residential district,
an interior side yard equal to:
5' +
(stories × lot width)
50'
The interior side yard may be used for parking or loading to within
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
30
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 ten-foot setback from an interior side 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 ten
feet shall be permitted if provisions of the Uniform Building Code related to
fire-rated openings in side yards are satisfied.
Development Review.
(f) Except for projects listed in Section
Deleted:
A
9.04.10.14.050, a Development Review Permit is required for any
Deleted:
twenty-five thousand
development of more than seven thousand five hundred square feet of
Deleted:
, except that for
applications involving the demolition
floor area and for any development with rooftop parking. Square footage
and replacement of an existing single
purpose grocery store on a parcel
which is not adjacent to a residentially
devoted to residential use shall be reduced by fifty percent when
zoned district, with a store which has
a minimum of twenty-five thousand
square feet of floor area, only a net
calculating whether a development review permit is required.
new floor area addition of more than
twenty-five thousand square feet shall
be subject to Development Review
SECTION 5. Santa Monica Municipal Code Section 9.04.08.24.060 is hereby amended
to read as follows:
Section 9.04.08.24.060 Property development standards.
All property in the C5 District shall be developed in accordance with
the following standards:
(a)
Maximum Building Height.
Three stories, not to exceed forty-five
feet. There shall be no limitation on the number of stories of any parking structure
31
so long as the height does not exceed the number of feet permitted in this
Section.
(b)
Maximum Floor Area Ratio.
The maximum floor area ratio shall
be determined as follows:
Parcel Square Footage FAR
0 -- 22,500 1.0
22,501 and up 0.75
Minimum Lot Size.
(c) Fifteen thousand square feet. Each
parcel shall contain a minimum depth of one hundred fifty feet and a
minimum width of one hundred feet except that parcels existing on the
effective date of this Chapter shall not be subject to this requirement.
Front Yard Setback.
(d) Twenty feet minimum depth from any
public right-of-way or the transportation right-of-way.
Rear Yard Setback.
(e) None, except:
(1) Where rear parcel line abuts a residential district, a rear yard
equal to:
5' +
(stories × lot width)
50'
The required rear yard may be used for parking or loading within
five feet of the rear parcel line provided the parking or loading does not
extend above the first floor level and provided that a wall not less than five
feet or more than six feet in height is erected and maintained along the
rear commercial line. Access driveways shall be permitted to
perpendicularly cross the required rear yard provided the driveway does
32
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.
(f)
Side Yard Setback.
None, except:
(1) Where interior side parcel line abuts a residential district, an
interior side yard equal to:
5' +
(stories × lot width)
50'
The interior side yard may be used for parking or loading no closer
than to 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
along the side commercial parcel line. A required interior side yard shall
not be used for access or for commercial or manufacturing 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 ten-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 ten
feet shall be permitted if provisions of the Uniform Building Code related to
fire-rated openings in side yards are satisfied.
33
(g)
Development Review.
Except for projects listed in Section
Deleted:
A
Development Review Permit is required for any
9.04.10.14.050, a
Deleted:
thirty thousand
development of more than seven thousand five hundred square feet of
floor area and any development with rooftop parking. Square footage
devoted to residential use shall be reduced by fifty percent when
calculating whether a development review permit is required.
SECTION 6. Santa Monica Municipal Code Section 9.04.08.26.060 is hereby amended
to read as follows:
Section 9.04.08.26.060 Property development standards
.
All property in the C6 District shall be developed in accordance with the
following standards:
Maximum Building Height.
(a) Three stories, not to exceed
forty-five feet. There shall be no limitation on the number of stories of any
hotel, detached parking structure, or structure containing at least one floor
of residential use, so long as the height does not exceed the maximum
number of feet permitted in this Section.
Maximum Floor Area Ratio.
(b) The maximum floor area ratio
shall be determined as follows:
FAR if at Least Thirty
Percent of Project
is Residential, or if at
Least Eighty Percent Parcel
of the Project is a
Square Footage FAR Grocery Store
0 -- 7,500 2.0 2.0
7,501 -- 15,000 1.4 2.0
15,001 -- 22,500 1.2 1.75
22,501 and up 1.0 1.5
34
Minimum Lot Size
(c) . Seven thousand five hundred square
feet. Each parcel shall contain a minimum depth of one hundred fifty feet
and a minimum width of fifty feet, except that parcels existing on the
effective date of this Chapter shall not be subject to this requirement.
Front Yard Setback
(d) . Landscaping as required pursuant to
the provision of Part 9.04.10.04.
Rear Yard Setback
(e) . None, except:
(1) Where rear parcel line abuts a residential district, a rear yard
equal to:
5' +
(stories × lot width)
50'
The required rear yard may be used for parking or loading to within
five feet of the rear parcel line provided the parking or loading does not
extend above the first floor level and provided that a wall not less than five
feet or more than six 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.
(f) None
Side Yard Setback.
, except:
(1) Where the interior side parcel line abuts a residential district,
an interior side yard equal to:
35
5' +
(stories × lot width)
50'
The interior side yard may be used for parking or loading to within
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 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 ten-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 ten
feet shall be permitted if provisions of the Uniform Building Code related to
fire-rated openings in side yards are satisfied.
Development Review.
(g) Except for projects listed in Section
Deleted:
A
9.04.10.14.050, a Development Review Permit is required for any
Deleted:
thirty thousand
development of more than seven thousand five hundred square feet of
Deleted:
, except that for
applications involving the demolition
floor area and any development with rooftop parking. Square footage
and replacement of any existing
single purpose grocery store on a
parcel which is not adjacent to a
devoted to residential use shall be reduced by fifty percent when
residentially zoned district, with a
store which has a minimum of twenty-
five thousand square feet of floor
calculating whether a development review permit is required.
area, only a net new floor area
addition of more than thirty thousand
square feet shall be subject to
Development Review
36
SECTION 7. Santa Monica Municipal Code Section 9.04.08.28.060 is hereby amended
to read as follows:
Section 9.04.08.28.060 Property development standards.
For purposes of property development standards, there shall be
three zoning classifications within the CM district: CM-2, CM-3 and CM-4.
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:
(1) For parcels with frontage on Second Street, and which abut
residentially zoned property on at least one side yard, for that area within
one hundred feet of Second Street maximum building height, number of
stories, and floor area ratio shall be:
Max.
Max. No. Of Max. Max. FAR Project if 30% of the
HeightStories FAR is Residential
27'2.81.0
(2) For all other parcels in the CM District, maximum building
height, number of stories and floor area ratio shall be:
Max Max. Max.
HeightNo. Of
FAR
Stories
CM-2 27’ 2 1.5
CM-3 35’ 3 2.0
CM-4 35’ 3 2.0
37
(3) Notwithstanding the above, property in the CM-4 District may
be developed to a maximum height of forty-seven feet, four stories and a
2.5 FAR, provided the following conditions are met:
(i) The fourth floor does not exceed more than fifty percent of the
third floor footprint;
(ii) The fourth floor is set back a minimum of ten feet from the
third floor street frontage(s);
(iii) The fourth floor is set back a minimum of five feet from the
third floor side and rear yard building frontages;
(iv) The fourth floor setback at the street frontage is devoted to a
roof garden or unenclosed terrace;
(v) The development includes residential uses equal to or
exceeding the floor area of the fourth floor;
(vi) The front yard setback at the ground floor level is double that
required pursuant to subsection (b) of this Section.
(4) There shall be no limitation on the number of stories of any
structure whose floor area contains fifty percent or more residential uses
as long as the height does not exceed the maximum number of feet
permitted in the zoning classification of the CM District in which it is
located, or as allowed by Section 9.04.10.14.030(a) of this Chapter. For
purposes of calculating the FAR of any structure within the CM District,
multi-residential units devoted strictly to apartment residential uses shall
be computed at one-half the actual total floor area.
38
(b)
Front Yard Setback.
(1) For parcels with frontage on Second Street and which abut
residentially zoned property on at least one side yard, on that portion of
the parcel located within seventy-five feet of Second Street, the front yard
setback shall be twenty feet or fifteen feet if the average setback of
adjacent dwelling(s) is fifteen feet or less. A one-story, covered or
uncovered porch, open on three sides may encroach six feet into a front
yard with a twenty-foot setback, if the roof does not exceed a height of
fourteen feet and the porch width does not exceed forty percent of the
building width at the front of the building.
(2) For all other parcels in the CM District, a front yard shall be
provided in accordance with Part 9.04.10.04 of this Code.
(c)
Rear Yard Setback.
A rear yard shall be provided and maintained.
Such yard shall have a minimum depth as follows:
(1)
CM-2 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 feet of the
rear property line is not more than nine feet 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 twenty feet.
39
(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
fifteen 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.
(2)
CM-2 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)
CM-3 District.
Rear yard requirements in the CM-3 District shall be
the same as those required in the CM-2 District, west of the centerline of Main
Street, for one and two story structures. A minimum fifteen-foot rear yard setback
for any portion of a third story is required.
(4)
CM-4 District.
No rear yard setback is required except as may be
required in subsection (a) of this Section..
Side Yard Setback.
(d) None, except where the interior side parcel line
abuts a residential district. In those cases, an interior side yard shall be provided
equal to:
40
5' +
(stories × lot width)
50'
On lots of less than fifty feet in width, the side yard shall be ten percent of
the parcel width but not less than five feet.
(e)
Development Review.
Except for projects listed in Section
Deleted:
A
9.04.10.14.050, a development review permit is required for any development of
Deleted:
eleven thousand
more than seven thousand five hundred square feet of floor area. Square footage
devoted to residential use shall be reduced by fifty percent when calculating
whether a development review permit is required.
SECTION 8. Santa Monica Municipal Code Section 9.04.08.30.060 is hereby amended
to read as follows:
Section 9.04.08.30.060 Property development standards
.
All property in the CP District shall be developed in accordance with
the following standards unless otherwise provided in the Hospital Area
Specific Plan:
(a)
Maximum 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. No.Max.Max.Max. No.Max.
Heightof StoriesFARHeightof StoriesFAR
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
41
height does not exceed the maximum number of feet permitted in this
Section or as allowed by Section 9.04.10.14.030(a) of this Chapter.
(b) The main hospital campus of Saint John’ s Hospital and
Health Center shall be divided into two parcels for purposes of calculating
FAR. Parcel A-Lot 13, Block 3, Orchard Tract; Parcel B-Lots 4-29, Tract
No. 4618 and Lots 1, 2 and 3, Tract No. 7764.
(c) Parking structures developed in the CP District in which at
least half of the spaces are provided to address an existing parking space
deficiency or are replacing existing parking shall not be subject to FAR
limitations, but shall be required to meet all other development standards
for the area.
(d)
Minimum Lot Size
. Seventy-five hundred square feet. Each parcel
shall contain a minimum depth of one hundred fifty feet and a minimum width of
fifty feet, except that parcels 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, twenty feet.
(f)
Rear Yard Setback
. None, except:
(1) Where rear parcel line abuts a residential district, a rear yard
equal to:
?
5' + (stories
lot width)
50'
The required rear yard may be used for parking or loading to within five
feet of the rear parcel line provided the parking or loading does not extend above
the first floor level and provided that a wall not less than five feet or more than six
feet in height is erected and maintained along the rear commercial parcel line.
42
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
lot width)
50'
The 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 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 ten-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 ten feet shall be permitted
if provisions of the Uniform Building Code related to fire-rated openings in side
yards are satisfied.
(h)
Development Review
. Except for projects listed in Section
9.04.10.14.050, a Development Review Permit is required for any development of more
Deleted:
A
than seven thousand five hundred square feet of floor area, for any development with
Deleted:
twenty-two thousand five
rooftop parking, and to heights and floor area ratios in Section 9.04.08.30.060(a). Square
hundred
footage devoted to residential use shall be reduced by fifty percent when calculating
whether a development review permit is required.
(i) All new commercial development in this District shall provide free
employee parking and a minimum one hour free visitor parking unless a
preferential parking zone exists or is established in the area of the development
and the City finds that the preferential parking district will adequately mitigate
potential adverse on-street parking impacts of the development, or if otherwise
provided in the Hospital Area Specific Plan.
SECTION 9. Santa Monica Municipal Code Section 9.04.08.34.060 is hereby amended
to read as follows:
Section 9.04.08.34.060 Property development standards.
All property in the M1 District shall be developed in accordance with the following
standards:
(a)
Maximum Building Height.
Two stories and thirty feet or with approval of a
Development Review Permit for artist studios only, three stories and forty-five feet. For
43
recreational facilities associated with public or private primary or secondary schools, two stories
and forty-five feet. Within fifty feet of a residential district, no portion of any structure shall
exceed the maximum permitted height of the adjoining residential district. There shall be no
limitation on the number of stories of any detached parking structure so long as the height does
not exceed the number of feet permitted in this Section.
(b)
Maximum Floor Area Ratio.
1.0 or 1.5 for development of artist
studios with approval of a Development Review Permit.
(c)
Minimum Lot Size.
Fifteen thousand square feet. Each parcel shall
contain a minimum depth of one hundred fifty feet and a minimum width of one hundred
feet, except that parcels existing on the effective date of this Chapter shall not be subject
to this requirement.
(d)
Front Yard Setback.
Landscaping as required pursuant to the
provision of Part 9.04.10.04.
(e)
Rear Yard Setback.
None, except:
(1) Where the rear parcel line abuts a residential district, a rear yard
equal to:
5' +
(stories x lot width)
50'
The required rear yard may be used for parking or loading to within five
feet of the rear parcel line provided the parking or loading does not extend above
the first floor level and provided that a wall not less than five feet or more than six
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.
(f)
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
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 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 ten-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 ten feet shall be permitted
if provisions of the Uniform Building Code related to fire-rated openings in side
yards are satisfied.
Development Review.
(g) Except for projects listed in Section
9.04.10.14.050, a Development Review Permit is required for any development of
Deleted:
A
44
more than seven thousand five hundred square feet of floor area and any
Deleted: thirty thousand
development with rooftop parking. Square footage devoted to residential use
shall be reduced by fifty percent when calculating whether a development review
permit is required.
SECTION 10. Santa Monica Municipal Code Section 9.04.08.35.050 is hereby amended
to read as follows:
Section 9.04.08.35.050 Property development standards
.
All property in the Light Manufacturing and Studio District shall be
developed in accordance with the following standards:
(a)
Maximum Building Height.
The maximum building height 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 involving the expansion of public or private
elementary and secondary schools (Grades K through 12) existing prior to
September 8, 1988;
(2) Entertainment-related facilities including sound stages, movie
studios, editing facilities, post-production facilities, set construction
facilities and special effects facilities;
(3) Theaters.
There shall be no limitation on the number of stories of any
detached parking structure so long as the height does not exceed the
number of feet permitted in the district.
(b)
Maximum Floor Area Ratio.
Maximum floor area ratio shall be
1.0, except the following projects may have a floor area ratio of 1.5:
45
(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, provided the additional .5 floor area ratio is
devoted to artist studio use, and the commercial square footage does not
exceed 1.0 floor area ratio.
(c)
Minimum Lot Size.
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 one hundred feet, except that lots existing on the effective
date of the ordinance codified in this Chapter shall not be subject to this
requirement.
(d)
Front Yard Setback.
All landscaping shall be in accordance with
the provisions of Part 9.04.10.04 of this Code.
(e)
Rear Yard Setback.
No rear yard setback shall be required except:
(1) Where the rear parcel line abuts a residential district, a rear
yard equal to:
5' +
(stories × lot width)
50'
shall be required.
The required rear yard may be used for parking or loading to within
five feet of the rear parcel line, provided the parking or loading does not
extend above the first floor level and provided that a wall not less than five
feet or more than six feet in height is erected and maintained along the
rear commercial parcel line. Access shall be permitted to cross
46
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) Such rear yard setback as is necessary to accommodate
landscaping and screening for a rear yard buffer required pursuant to the
provisions of Part 9.04.10.04 of this Code.
(f)
Side Yard Setback.
No side yard setback shall be required except:
(1) Where the interior side parcel line abuts a residential district,
an interior side yard equal to:
5' +
(stories × lot width)
50'
shall be required.
The 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
along the side commercial parcel line. A required interior side yard shall
not be used for access or for commercial purposes;
(2) Such side yard setback as is needed to accommodate
landscaping required for a street side yard, landscape buffer and
screening pursuant to the provisions of Part 9.04.10.04 of this Code.
(3) For portions of buildings that contain windows, doors, or other
openings into the interior of the building, a ten-foot setback from an interior
property line shall be required. An interior side yard setback of less than
47
ten feet shall be permitted if provisions of the Uniform Building Code
related to fire-rated openings in side yards are satisfied.
Building Stepback.
(g) Building stepbacks shall be provided
pursuant to the requirements of Section 9.04.10.02.040, unless the
Architectural Review Board finds that modification or elimination of this
requirement 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 requirement are satisfied by the provision of alternative
stepbacks or other building features which reduce effective mass to a
degree comparable to other relevant standards.
(h)
Olympic Boulevard Setback.
Buildings shall be setback a
minimum of twenty feet from Olympic Boulevard.
Development Review.
(i) Except for projects listed in Section
Deleted:
A
9.04.10.14.050, a development review permit is required for any
Deleted:
thirty thousand
development of more than seven thousand five hundred square feet of
floor area, for any development with rooftop parking, and for projects
which include artist studios with a 1.5 floor area ratio, provided the
additional .5 floor area ratio is devoted to artist studio use, and the
commercial square footage does not exceed 1.0 floor area ratio. Square
footage devoted to residential use shall be reduced by fifty percent when
calculating whether a development review permit is required.
SECTION 11. Section 9.04.10.14.050 is hereby added to the Santa Monica Municipal
Code to read as follows:
48
Section 9.04.10.14.050 Exemptions from Development
Review thresholds.
The following projects located in the RVC, BCD, C2, C4, C5, C6,
CM, CP, M1, and LMSD Districts shall be exempt from Development
Review thresholds:
(a) Projects that contain a minimum of eighty percent (80%) of floor
area devoted to multi-family residential use provided that at least fifteen
percent (15%) of the housing units are deed-restricted for households with
incomes of eighty percent (80%) of median income or less or at least ten
percent (10%) of the housing units are deed-restricted for households with
incomes of sixty percent (60%) of median income or less.
(b) Affordable housing projects in which one hundred percent
(100%) of the housing units are deed-restricted for households with
incomes of eighty percent (80%) of median income or less.
(c) Projects in the C2 and CM districts which are required by the
City’s Zoning Ordinance to devote more than twenty percent (20%) of floor
area to pedestrian oriented uses shall also be exempt if these projects
contain the maximum percentage of multi-family residential use authorized
by the Zoning Ordinance and meet the affordable housing unit
requirement of subsection (a) of this Section.
(d) The affordable housing units required to qualify for the
exemption from the development review threshold established by
49
subsections (a) or (c) of this Section may be provided off-site if the units
are developed in accordance with the requirements of Section 9.56.060.
SECTION 12. 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, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 13. 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 competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 14. The Mayor shall sign and the City Clerk shall attest to the
passage of this Ordinance. The City Clerk shall cause the same to be published once
in the official newspaper within 15 days after its adoption. This Ordinance shall
become effective 30 days from its adoption.
APPROVED AS TO FORM:
_________________________
MARSHA JONES MOUTRIE
City Attorney
50
ATTACHMENT B
NOTICE OF PUBLIC HEARING
NOTICE OF A PUBLIC HEARING
BEFORE THE SANTA MONICA CITY COUNCIL
SUBJECT: Ordinance for Introduction and First Reading to modify Zoning Ordinance Sections
9.04.08.12.060(h), 9.04.08.14.060(g), 9.04.08.16.060(g), 9.04.08.22.060(f), 9.04.08.24.060(g),
9.04.08.26.060(g), 9.04.08.28.060(e), 9.04.08.30.060(h), 9.04.08.34.060(g), and 9.04.08.35.050(i) and
add Section 9.04.10.14.050 regarding Development Review thresholds.
APPLICANT: City of Santa Monica
A public hearing will be held by the City Council to consider the following request:
Introduction and first reading of an ordinance amending Santa Monica Municipal Code Sections
9.04.08.12.060(h), 9.04.08.14.060(g), 9.04.08.16.060(g), 9.04.08.22.060(f), 9.04.08.24.060(g),
9.04.08.26.060(g), 9.04.08.28.060(e), 9.04.08.30.060(h), 9.04.08.34.060(g), and 9.04.08.35.050(i) and
adding Section 9.04.10.14.050 to reduce the Development Review Thresholds in the RVC, BCD, C2, C4,
C5, C6, CM, CP, M1 and LMSD Districts and exempt certain affordable housing projects including certain
mixed-use projects from the modified Development Review thresholds.
DATE/TIME: TUESDAY, DECEMBER 9, 2003, AT 6:45 p.m.
LOCATION: City Council Chambers, Second Floor, Santa Monica City Hall
1685 Main Street, Santa Monica, California
HOW TO COMMENT
The City of Santa Monica encourages public comment. You may comment at the City Council public
hearing, or by writing a letter. Written information will be given to the City Council at the meeting.
51
Address your letters to: City Clerk
Re: 03TA-012, Development Review Thresholds
1685 Main Street, Room 102
Santa Monica, CA 90401
MORE INFORMATION
If you want more information about this project, please contact Tony Kim, Associate Planner, at (310)
458-8341, or by e-mail at tony-kim@santa-monica.org. The Zoning Ordinance is available at the Planning
Counter during business hours and on the City’s web site at www.santa-monica.org.
The meeting facility is wheelchair accessible. For disability-related accommodations, please contact (310)
458-8341 or (310) 458-8696 TTY at least 72 hours in advance. All written materials are available in
alternate format upon request. Santa Monica Big Blue Bus Lines numbered 1, 2, 3, 5, 7, 8, 9, and 10
serve City Hall.
Pursuant to California Government Code Section 65009(b), if this matter is subsequently challenged in
Court, the challenge may be limited to only those issues raised at the public hearing described in this
notice, or in written correspondence delivered to the City of Santa Monica at, or prior to, the public
hearing.
ESPAÑOL
Esto es una noticia de una audiencia pública para revisar applicaciónes proponiendo desarrollo en Santa
Monica. Si deseas más información, favor de llamar a Carmen Gutierrez en la División de Planificación
al número (310) 458-8341.
APPROVED AS TO FORM:
___________________________
AMANDA SCHACHTER
Acting Planning Manager
52
ATTACHMENT C
NOVEMBER 5, 2003 PLANNING COMMISSION MEETING STAFF REPORT
(WITHOUT ATTACHMENTS)
53
PCD:SF:JT:AS:JL:TK:F:\PLAN\SHARE\PC\STRPT\03\DRthresholds.110503.doc
Planning Commission Mtg: November 5, 2003 Santa Monica, California
TO: The Honorable Planning Commission
FROM: Planning Staff
SUBJECT: Development Review Threshold Text Amendment 03TA-012
Address: RVC, BCD, C2, C4, C5, C6, CM, CP, M1 and LMSD Districts
Applicant: City of Santa Monica
INTRODUCTION
Action: Amend Zoning Ordinance Sections 9.04.08.12.060(h), 9.04.08.14.060(g),
9.04.08.16.060(g), 9.04.08.22.060(f), 9.04.08.24.060(g), 9.04.08.26.060(g),
9.04.08.28.060(e), 9.04.08.30.060(h), 9.04.08.34.060(g), and 9.04.08.35.050(i) to
modify Development Review thresholds and add Section 9.04.10.14.030(e) to exempt
certain housing projects from the modified Development Review thresholds.
Recommendation: That the Planning Commission recommend approval of the text
amendment to the City Council to modify the City’s Zoning Code by modifying the
Development Review Thresholds in the RVC, BCD, C2, C4, C5, C6, CM, CP, M1 and
LMSD Districts.
SITE LOCATION AND DESCRIPTION
This amendment would apply to all properties in the following zoning districts:
Zoning Districts: RVC (Residential-Visitor Commercial District)
BCD (Broadway Commercial District)
C2 (Neighborhood Commercial District)
C4 (Highway Commercial District)
C5 (Special Office Commercial District)
C6 (Boulevard Commercial District)
CM (Main Street Commercial District)
CP (Commercial Professional District)
M1 (Industrial Conservation District)
LMSD (Light Manufacturing and Studio District)
Land Use Districts: Single Family Housing
Low Density Housing
Medium Density Housing
High Density Housing
Neighborhood Commercial
54
Service and Specialty Commercial
General Commercial
Special Office District
Oceanfront Special District
Broadway Mixed Use District
General Commercial with Service/Specialty
Industrial
Institutional
PROJECT DESCRIPTION
Proposed is a Text Amendment to various sections of the Zoning Ordinance. Currently,
the Zoning Ordinance requires Development Review permits for projects ranging from
eleven thousand to thirty thousand square feet, depending on the zoning district.
However, these standards were superceded by Ordinance Number 1999 (CCS) which
reduced the Development Review thresholds to 7,500 square feet in the subject
districts. Ordinance Number 1999 can be found in Attachment A.
The proposed amendment would amend various sections of the Zoning Ordinance to
modify the Development Review thresholds in the RVC, BCD, C2, C4, C5, C6, CM, CP,
M1 and LMSD Districts and add a Zoning Ordinance section to exempt certain
affordable housing projects including certain mixed-use projects from the modified
Development Review thresholds in order to encourage housing development.
The text of the proposed amendment can be found in Attachment B.
CEQA STATUS
The proposed ordinance is exempt from the provisions of the California Environmental
Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State Implementation
Guidelines in that CEQA applies only to projects having the potential to cause a
significant effect on the environment. The proposed reduction in development review
thresholds does not have this potential. Rather, the proposed amendment will expand
the number of projects subject to discretionary review and evaluated pursuant to CEQA,
while enhancing the public review process.
PUBLIC NOTIFICATION
Pursuant to Government Code Section 65804, notice of the public hearing for the text
amendment was published in the “California” Section of the Los Angeles Times
newspaper at least ten consecutive calendar days prior to the hearing. Notice of the
public hearing was also sent to all neighborhood organizations, the Planning
Commission, City of Los Angeles, and posted on the City’s Web site. A copy of the
notice is contained in Attachment B.
55
BACKGROUND
On November 28, 2000, the City Council adopted an emergency interim ordinance,
Ordinance Number 1991 (CCS), which modified the Development Review thresholds in
the RVC, BCD, C2, C4, C5, C6, CM, CP, M1, and LMSD districts to 7,500 square feet.
This allowed for discretionary review of the impacts of large projects and enhanced
public participation. On February 13, 2001, the City Council adopted Ordinance
Number 1999 (CCS) extending the interim ordinance for a period of three years to
provide staff with additional time to implement a permanent ordinance. Ordinance
Number 1999 (CCS) will expire on February 12, 2004.
On October 15, 2003, the Planning Commission adopted a Resolution of Intent
authorizing staff to prepare this text amendment in accordance with the City Council’s
direction. A copy of this staff report and Resolution of Intention is contained in
Attachment D.
ANALYSIS
A Development Review permit is intended to allow the construction of certain projects
for which the design and siting could result in an adverse impact on the surrounding
area. Projects subject to a Development Review permit typically have greater floor
area, building height, and intensity of uses than other improvements in the area. A
Development Review permit allows for the review of the location, size, massing, and
placement of a proposed structure, particularly as the project relates to the existing
improvements and neighborhood context. The City’s Zoning Ordinance establishes by
zoning district square footage thresholds for Development Review permits based upon
the floor area of a project. A project that requires a Development Review permit is
subject to public review by the Planning Commission, with appeal to the City Council,
whereas a project below the Development Review permit threshold can be
administratively approved.
The existing emergency interim ordinance reducing the Development Review thresholds
in the RVC, BCD, C2, C4, C5, C6, CM, CP, M1, and LMSD districts was a result of
concerns regarding the administrative approvals of larger scale projects with adverse
impacts on adjacent uses in which these impacts were not mitigated or addressed.
More specifically, some of these larger scale developments have created adverse
noise, traffic, parking, aesthetic, privacy, light and air, shade and shadow impacts on
these residential areas and adverse impacts upon pedestrian orientation, which are
incompatible with the existing scale and character of these neighborhoods. Because of
the high threshold for discretionary review, residential neighbors and members of the
business community have not had the opportunity to express particular concerns
relating to such issues – an opportunity they have in the discretionary review process.
56
PROPOSED TEXT AMENDMENT
The proposed text amendment includes amending Zoning Ordinance Sections
9.04.08.12.060(h), 9.04.08.14.060(g), 9.04.08.16.060(g), 9.04.08.22.060(f),
9.04.08.24.060(g), 9.04.08.26.060(g), 9.04.08.28.060(e), 9.04.08.30.060(h),
9.04.08.34.060(g), and 9.04.08.35.050(i) to modify Development Review thresholds in
the RVC, BCD, C2, C4, C5, C6, CM, CP, M1, and LMSD districts, respectively, to 7,500
square feet and adding Section 9.04.10.14.030(e) to exempt certain affordable housing
projects including certain mixed-use projects from the modified Development Review
thresholds. Under the Zoning Ordinance, the City’s development review thresholds
range from 11,000 square feet to 30,000 square feet in floor area, depending on the
zoning district. The development review thresholds in the downtown area, specifically in
the BSC, C3, and C3C districts, are not included in the proposed text amendment as
they will be addressed along with the pending Downtown Design Guidelines. The
current development review threshold in these districts is 7,500 square feet. In addition,
Ordinance Number 2040 (CCS) previously reduced the development review threshold
within the C2 district along Montana Avenue to 5,000 square feet. This interim
ordinance is due to expire on February 27, 2004 and will also require further analysis
and review prior to adoption of any permanent standards.
Reducing the development review threshold to 7,500 square feet would allow
discretionary review of the impacts of large projects and enhance public participation.
Reducing the development review threshold would also ensure that administrative
approval is only available to smaller scale developments which do not produce adverse
impacts on nearby residential neighborhoods. The typical lot size in a commercial zone
is 7,500 square feet. Consequently, the proposed threshold would allow up to 1.0 FAR
or a one story building occupying the entire lot or a two story building occupying a
portion of the lot. Such development would generally be compatible in scale with
nearby multi-family developments since residential developments in the City are
typically five to seven unit projects ranging from 5,400 square feet to 8,200 square feet.
This level of development is also consistent with the scale of existing older
developments.
In addition to the reduction of the development review threshold, staff recommends
removal of language in Sections 9.04.08.22.060 (f) and 9.04.08.26.060(g), the C4 and
C6 districts respectively, regarding the requirement of a development review permit for
additions of greater than twenty-five thousand square feet to existing grocery stores that
have a minimum of twenty-five thousand square feet in floor area and are not located
adjacent to a residentially zoned district. Based on staff’s review of these districts, there
are no properties within the C4 and C6 districts that currently contain grocery stores of
that size that are not located adjacent to a residentially zoned district, thereby making
the existing language regarding grocery stores irrelevant. Further, staff believes that a
25,000 square foot threshold is inconsistent with the recently lowered standard.
Reducing the development review threshold will not materially alter the City’s incentives
for residential development or mixed use development in the City’s commercial zones.
57
Residential development in all of the City’s commercial districts would still be
authorized. Thus, residential development could still occur in over 80% of the City’s
acreage. In addition, in the City’s commercial districts, the City will continue to either
provide FAR bonuses for the residential components of development projects or
discount the residential floor area for the purpose of calculating FAR. Additionally, in
determining whether a development review permit is required for new development,
floor area devoted to residential uses will continue to be discounted by fifty percent
(50%). Thus, even with the proposed changes, residential development up to 15,000
square feet on a typical lot could be approved administratively.
The proposed text amendment would also exempt certain housing projects from the
modified Development Review thresholds. This includes projects that contain a
minimum of eighty percent (80%) of floor area devoted to multi-family residential use
provided that at least fifteen percent (15%) of the housing units are deed-restricted for
households with incomes of eighty percent (80%) of median income or less or at least
ten percent (10%) of the housing units are deed-restricted for households with incomes
of sixty percent (60%) of median income or less. Affordable housing projects in which
one hundred percent (100%) of the housing units are deed-restricted for households
with incomes of eighty percent (80%) of median income or less would be exempt, and
projects in the C2 and CM districts which are required by the City’s Zoning Ordinance to
devote more than twenty percent (20%) of floor area to pedestrian oriented uses shall
also be exempt if these projects contain the maximum percentage of multi-family
residential use authorized by the Zoning Ordinance.
In order to recommend the proposed text amendment to the City Council, the Planning
Commission must satisfy two findings. These findings relate to consistency with the
City’s General Plan and promotion of the public health, safety and general welfare.
The proposed amendment is consistent in principle with several of the goals, objectives
and policies of the General Plan. Specifically, the amendment is consistent with the
following:
Land Use Element Objective 1.2 that states that the City’s land use policies
should seek to “ensure compatibility of adjacent land uses with particular concern
for protecting residential neighborhoods.” The proposed amendment would
ensure that development is compatible with and relates harmoniously with
surrounding residential neighborhoods and would prevent large-scale
developments from creating adverse impacts such as noise, traffic, parking,
aesthetic, privacy, light and air, and shade and shadow.
Land Use Element Objective 1.6 that states that the City’s land use policies
should seek to “accommodate commercial uses which serve regional,
community, and local needs while respecting the adjacent residential
neighborhoods.” The proposed amendment would allow development that
provides a more sensitive transition between commercial and residential uses
and are compatible with the existing neighborhood context.
58
Housing Element Policy 2.8 states that the City’s housing policies should seek to
“continue to provide development incentives and reduced planning fees for
development of affordable housing”. The proposed amendment would exempt
certain housing projects from the Development Review thresholds as well as
continue to either provide FAR bonuses for the residential components of
development projects or discount the residential floor area for the purpose of
calculating FAR, thereby continuing to provide development incentives for
affordable housing.
CONCLUSION
Currently, the Zoning Ordinance requires Development Review permits for projects
ranging from eleven thousand to thirty thousand square feet, depending on the zoning
district. The proposed amendment would reduce the Development Review threshold in
the RVC, BCD, C2, C4, C5, C6, CM, CP, M1, and LMSD districts to 7,500 square feet
and would exempt certain housing projects from the modified Development Review
thresholds. The modified thresholds would ensure close review of the impacts of large
projects upon the community and enable the public to participate in this review.
Findings of fact in support of the request are still required. The proposed amendments
are consistent with the goals, objectives, policies and programs specified in the General
Plan.
RECOMMENDATION
Staff recommends that the Planning Commission recommend adoption of the text
amendment to the City Council, as specified in Attachment B.
TEXT AMENDMENT FINDINGS
1. The proposed amendment is consistent in principle with the goals, objectives,
policies, land uses, and programs specified in the adopted General Plan,
specifically, Land Use Element Objective 1.2, which states that the City’s land
use policies should seek to “ensure compatibility of adjacent land uses with
particular concern for protecting residential neighborhoods” in that the proposed
amendment would ensure that development is compatible with and relates
harmoniously with surrounding residential neighborhoods and would prevent
large-scale developments from creating adverse impacts such as noise, traffic,
parking, aesthetic, privacy, light and air, and shade and shadow. It is also
consistent with Land Use Element Objective 1.6, which states that the City’s
land use policies should seek to “accommodate commercial uses which serve
regional, community, and local needs while respecting the adjacent residential
neighborhoods” in that the proposed amendment would allow development that
provides a more sensitive transition between commercial and residential uses
and are compatible with the existing neighborhood context.
59
2. The public health, safety, and general welfare require the adoption of the
proposed amendment, in that the amendment would ensure that development is
compatible with and relates harmoniously with the surrounding neighborhood
and prevent adverse impacts such as development that is proposed to be built
to a greater intensity and building height than generally permitted in the area.
Prepared by: Jay M. Trevino, AICP, Planning Manager
Amanda Schachter, Principal Planner
Jonathan Lait, AICP, Senior Planner
Tony Kim, Associate Planner
City Planning Division
Planning and Community Development Department
Attachments:
A. Ordinance Number 1999 (CCS) See Panagon Ordinance Index
B. Recommended Ordinance Text
C. Notice of Public Hearing
D. October 15, 2003 Planning Commission Meeting Staff Report And
Resolution Of Intention
F:\PLAN\SHARE\PC\STRPT\03\DRthresholds.110503.doc
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F:\atty\muni\laws\barry\DRThresholds-1.doc
City Council Meeting 12-9-03 Santa Monica, California
ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS
9.04.08.12.060, 9.04.08.14.060, 9.04.08.16.060, 9.04.08.22.060, 9.04.08.24.060,
9.04.08.26.060, 9.04.08.28.060, 9.04.08.30.060, 9.04.08.34.060 AND 9.04.08.35.050
TO MODIFY DEVELOPMENT REVIEW THRESHOLDS AND ADDING SECTION
9.04.10.14.050 TO EXEMPT CERTAIN HOUSING PROJECTS FROM THE MODIFIED
DEVELOPMENT REVIEW THRESHOLDS.
WHEREAS, Sections 9.04.08.12.060(h), 9.04.08.14.060(g), 9.04.08.16.060(g),
9.04.08.22.060(f), 9.04.08.24.060(g), 9.04.08.26.060(g), 9.04.08.28.060(e),
9.04.08.30.060(h), 9.04.08.34.060(g), and 9.04.08.35.050(i) of the Santa Monica Zoning
Ordinance require the filing of a Development Review Permit application for projects
exceeding eleven thousand to thirty thousand square feet in floor area, depending on
the zoning district; and
WHEREAS, Section 9.04.10.14.030 of the Santa Monica Zoning Ordinance provides
special housing development standards and incentives to facilitate the development of alternative
housing development in the City, particularly affordable housing; and
WHEREAS, a Development Review Permit application is required for the construction of
certain projects for which the design, siting, and size could result in adverse impacts on the
surrounding area such as development that is proposed to be built to a greater intensity and
building height than generally permitted in the area; and
WHEREAS, the development review process is designed to ensure that the development
is compatible with and relates harmoniously with the surrounding neighborhood; and
WHEREAS, a project that requires a development review permit is subject to public
review by the Planning Commission, with appeal to the City Council, whereas a project
below the development permit review threshold can be administratively approved; and
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WHEREAS, the City itself is extremely dense with a land area of just eight square miles
and a population of approximately 85,000 people. Additionally, about 300,000 people work in
the City and approximately 500,000 people visit the City on weekends; and
WHEREAS, during recent years, the City has experienced an unprecedented economic
prosperity; and
WHEREAS, some of the housing developers during this period have taken advantage of
the opportunity to build multiple, large, identical or nearly identical projects on lots in close
proximity pursuant to administrative approvals; and
WHEREAS, while these projects helped the City achieve its goal of promoting housing,
the impact upon residents and businesses of the building boom in general and the building of
multiple identical or similar large projects on the same block has been substantial and dire; and
WHEREAS, high development review thresholds have resulted in the administrative
approval of projects adjacent to residential areas that are significantly out of scale with the
adjoining neighborhoods and that create significant adverse impacts on these neighborhoods
such as noise, traffic, parking, aesthetic, privacy, light and air, and shade and shadow; and
WHEREAS, the ministerial nature of the approval process has resulted in the City’s
inability to mitigate or address these impacts; and
WHEREAS, reducing the development review threshold to 7,500 square feet would
allow thorough review of the impacts of large projects and enable the public to participate in this
review. Reducing the development review threshold would also ensure that administrative
approval is only available to smaller scale developments which produce far fewer adverse
impacts on nearby residential neighborhoods. However, adoption of this ordinance would not
prohibit any uses currently authorized in the subject districts; and
WHEREAS, reducing the development review threshold would not alter the City’s
substantial commitment to promoting residential uses in non-residential zoning districts which is
manifest in City policy and law; and
WHEREAS, residential development in all of the City’s commercial districts would still
be authorized. Thus, residential development could still occur in over 80% of the City’s acreage;
and
WHEREAS, City policy provides substantial development incentives for residential
housing. For instance, in certain districts, certain floor area devoted to residential use is eligible
to receive additional FAR (Floor Area Ratio); and
WHEREAS, the City has eliminated the restriction on the number of stories that can be
built if the structure contains at least one floor of residential use and has increased the maximum
height of projects with a designated number of floors of residential use; and
WHEREAS, the City’s Affordable Housing Production Program housing fees are also
discounted for residential development in commercial areas; and
WHEREAS, this ordinance exempts projects that are one hundred percent affordable to
households with incomes of eighty percent of median income or less or projects that contain a
minimum of eighty percent (80%) of floor area devoted to multi-family residential use provided
that at least fifteen percent (15%) of the housing units are deed-restricted for households with
incomes of eighty percent (80%) of median income or less or at least ten percent (10%) of the
housing units are deed-restricted for households with incomes of sixty percent (60%) of median
income or less. Projects in the C2 and CM districts which are required by the City’s Zoning
Ordinance to devote more than twenty percent (20%) of floor area to pedestrian oriented uses
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shall also be exempt if these projects contain the maximum percentage of multi-family
residential use authorized by the Zoning Ordinance and the affordable units specified above; and
WHEREAS, the ordinance’s exemptions for affordable housing projects and projects
with a significant percentage of their units affordable to low income tenants advances several
goals and policies of the City’s Housing Element including, but not limited to, Housing Element
Policy 2.8 (Continue to provide development incentives and reduced planning fees for
development of affordable housing); and
WHEREAS, in light of the concerns expressed above, the City Council adopted
Ordinance Number 1991 (CCS) on November 28, 2000, a forty-five day ordinance which
modified the development review thresholds in the RVC, BCD, C2, C4, C5, C6, CM, CP, M1,
and LMSD districts; and
WHEREAS, Ordinance Number 1991 (CCS) also exempted certain housing projects
from the modified Development Review thresholds; and
WHEREAS, the City Council adopted Ordinance Number 1999 (CCS) on February 13,
2001, which extended the development review thresholds in the RVC, BCD, C2, C4, C5, C6,
CM, CP, M1, and LMSD districts on an interim basis; and
WHEREAS, Ordinance Number 1999 (CCS) expires on February 12, 2004; and
WHEREAS, in preparing its 2000-2005 Housing Element, the City contracted with the
policy, financial, and management consulting firm of Hamilton, Rabinovitz & Alschuler
(“HR&A”). HR&A undertook an extensive review and analysis of numerous governmental
programs, policies, and regulations to assess whether they operated as a constraint on housing
development. One of the regulations analyzed was Ordinance No. 1999 (CCS); and
WHEREAS, HR&A determined that Ordinance No. 1999 (CCS) did not operate as a
constraint on housing development; and
WHEREAS, that conclusion remains unchanged for the proposed ordinance; and
WHEREAS, the Planning Commission considered the proposed text amendment on
November 5, 2003 and voted to forward to the City Council a recommendation of approval of
this request except the Planning Commission did not support allowing exempt projects to
provide affordable housing off-site; and
WHEREAS, the City Council held a pubic hearing on this proposed text amendment on
December 9, 2003; and
WHEREAS, the proposed text amendment is consistent in principle with the goals,
objectives, policies, land uses, and programs specified in the adopted General Plan, specifically,
Land Use Element Objective 1.2, which states that the City’s land use policies should seek to
“ensure compatibility of adjacent land uses” in that the proposed amendment reduces the scale of
developments eligible to be administratively approved so as to not produce adverse impacts on
nearby neighborhoods; Land Use Element Objective 1.6 which states that the City’s land use
policies should seek “to accommodate commercial uses which serve regional, community, and
local needs while respecting the adjacent residential neighborhoods” in that the proposed
amendment would ensure that development provides a more sensitive transition between
commercial and residential uses and is compatible with the existing neighborhood context; and
Housing Element Policy 2.8 which states that the City’s housing policies should seek to
“continue to provide development incentives and reduced planning fees for development of
affordable housing” in that the proposed amendment would exempt certain housing projects from
the Development Review thresholds as well as continue to either provide FAR bonuses for the
residential components of development projects or discount the residential floor area for the
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purpose of calculating FAR, thereby continuing to provide development incentives for affordable
housing; and
WHEREAS, for the reasons detailed above, the City Council finds and declares that the
public health, safety, and general welfare require the adoption of the proposed text amendment in
that reducing the development review threshold will allow close review of the impacts of large
projects ensure that detrimental impacts of these projects are adequately addressed, and enable
the public to participate in this review,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
HEREBY ORDAIN AS FOLLOWS:
Santa Monica Municipal Code Section 9.04.08.12.060 is hereby amended to read as
follows:
Section 9.04.08.12.060 Property development standards
.
All property in the RVC District shall be developed in accordance
with the following standards:
Maximum Building Height and FAR.
(a) Maximum building
height, number of stories and floor area ratio shall be determined as
follows:
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Table 9.04.08.12.060
MAXIMUM BUILDING HEIGHT AND FAR
(1)
Properties Bounded by Maximum Maximum Number Maximum
the Following Streets Height of Stories FAR
Pier Overlay:
a. Santa Monica Pier.
The Deauville site to
the north, Seaside Terrace
to the south, The Promenade
to the west, and Ocean Avenue
to the east, except parcels
fronting on Ocean Avenue. 30' 2 1.0
b. Parcels fronting on
Ocean Avenue. 30' 2 .5
c. Replacement of Sinbad's
building only on the
Santa Monica Pier. 40' 3 1.0
d. Amusement rides on the
Santa Monica Pier. 85' for one Ferris Wheel;
55' for one Roller Coaster;
45' for all other amusement rides.
West side of Ocean Avenue
from Pico Boulevard
to Seaside Terrace
(Ocean Avenue Fronting
Parcels Only). 45' 3 2.0
East side of Ocean Avenue
to First Court from
Colorado Avenue to
California Avenue. 45' 3 2.0
For parcels located along
the Pacific Coast
Highway between the
Santa Monica Pier and
the north City limits. 23' 2 0.5
flat roof
30'
pitched roof
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(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.
(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) For parcels located along the Pacific
Maximum Unit Density.
Coast Highway between the Santa Monica Pier and the north City limits,
those parcels greater than four thousand square feet, one dwelling unit for
each fifteen hundred square feet of parcel area is permitted. For parcels
less than four thousand 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 forty feet or less in width.
Maximum Parcel Coverage.
(c) Seventy percent except that for
parcels located along the Pacific Coast Highway between the Santa
Monica Pier and the north City limits, the maximum parcel coverage shall
be fifty percent.
Minimum Lot Size.
(d) Five thousand square feet. Each parcel
shall contain a minimum depth of one hundred feet and a minimum width
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of fifty feet, except that parcels existing on September 9, 1988, shall not
be subject to this requirement.
Front Yard Setback.
(e) (1) Thirty-five feet along the west side
of Ocean Avenue south of Colorado Avenue, twenty feet on the east side
of Ocean Avenue south of Colorado Avenue and five feet on all other
streets, except that for parcels located along the Pacific Coast Highway
between the Santa Monica Pier and the north City limits, the front yard
setback shall be twenty feet or as shown on the Official Districting Map,
whichever is greater. (2) At least thirty percent of the building elevation
above fourteen feet in height shall provide an additional five-foot average
setback from the minimum required front yard setback.
Rear Yard Setback.
(f) Fifteen feet, except that for parcels
located along the Pacific Coast Highway between the Santa Monica Pier
and the north City limits, the beach rear yard setback shall be fifteen feet
for parcels one hundred feet or less in depth, fifty-five feet for parcels over
one hundred feet in depth.
Side Yard Setback.
(g) The side yard setback shall be
determined in accordance with the following formula, except for lots of less
than fifty feet in width for which the side yard shall be ten percent of the
parcel width but not less than four feet:
5'+ ( stories x lot width)
50'
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For parcels located along the Pacific Coast Highway between the
Santa Monica Pier and the north City limits, at least twenty-five percent of
the side elevation above fourteen feet in height shall provide an additional
four-foot average setback from the minimum side yard setback.
Development Review.
(h) Except for projects listed in Section
Deleted:
A
9.04.10.14.050, a development review permit is required for any
Deleted:
fifteen thousand
development of more than seven thousand five hundred square feet of
Deleted:
on the Promenade, thirty
thousand square feet of floor area in
floor area and for any development with rooftop parking. Square footage
all other areas of the District,
devoted to residential use shall be reduced by fifty percent when
calculating whether a development review permit is required.
View Corridor.
(i) For parcels located along the Pacific Coast
Highway between the Santa Monica Pier and the north City limits, any
structure with seventy feet or more of frontage parallel to the Pacific Coast
Highway shall provide an unobstructed view corridor between Pacific
Coast Highway and the ocean. The view corridor shall be a minimum of
twenty 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.
Parking.
(j) 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.
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Pedestrian Orientation.
(k) Ground floor street frontage of each
structure shall be designed with pedestrian orientation in accordance with
Section 9.04.10.02.440 of this Chapter.
Santa Monica Municipal Code Section 9.04.08.14.060 is hereby amended to read as
follows
Section 9.04.08.14.060 Property development standards
.
All property in the Broadway District shall be developed in
accordance with the following standards:
Maximum Building Height.
(a) Two stories, not to exceed thirty
feet except that if fifty percent or more of the building is residential, three
stories, not to exceed forty-five feet. There shall be no limitation on the
number of stories of any structure containing at least one floor of
residential use, so long as the height does not exceed the maximum
number of feet permitted in this Section.
Maximum Floor Area Ratio.
(b) The maximum floor area ratio
shall be determined as follows:
FAR if at Least Thirty
Percent of Project
is Residential, or if at
Least Eighty Percent
Parcel of the Project is a
Square Footage FAR Grocery Store
0 - 15,000 1.0 1.5
15,001 - 22,500 0.90 1.3
22,501 and up 0.80 1.15
Minimum Lot Size.
(c) Seven thousand five hundred square
feet. Each parcel shall have minimum dimensions of fifty feet by one
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hundred fifty feet, except that parcels existing on the effective date of this
Chapter shall not be subject to this requirement.
Front Yard Setback.
(d) Landscaping as required pursuant to
the provisions of Part 9.04.10.04.
Rear Yard Setback.
(e) None, except:
(1) Where rear parcel line abuts a residential district, a rear yard
equal to:
5' +
(stories x lot width)
50'
The required rear yard may be used for parking or loading to within
five feet of the rear parcel line provided the parking or loading does not
extend above the first floor level and provided that a wall not less than five
feet or more than six feet in height is erected and maintained along the
rear commercial parcel line. Access driveways shall be permitted to
perpendicularly cross 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.
(f)
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'
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The interior side yard may be used for parking or loading to within
five feet of 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
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 ten-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 ten
feet shall be permitted if provisions of the Uniform Building Code related to
fire-rated openings in side yards are satisfied.
Development Review.
(g) Except for projects listed in Section
Deleted:
A
9.04.10.14.050, a development review permit is required for any
Deleted:
twenty-two thousand five
hundred
development of more than seven thousand five hundred square feet of
floor area and for any development with rooftop parking. Square footage
devoted to residential use shall be reduced by fifty percent when
calculating whether a development review permit is required.
(h)
Pedestrian Orientation.
Ground floor street frontage of each
structure shall be designed with pedestrian orientation in accordance with
Section 9.04.10.02.440 of this Chapter
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SECTION 3. Santa Monica Municipal Code Section 9.04.08.16.060 is hereby amended
to read as follows:
Section 9.04.08.16.060 Property development standards
.
All property in the C2 District shall be developed in accordance with
the following standards:
(a)
Front Yard Setback.
Landscaping as required pursuant to the
provisions of Part 9.04.10.04. The building must comply with build-to-line
requirements pursuant to the provisions contained in Section 9.04.10.02.050.
(b)
Maximum Building Height.
Two stories, not to exceed thirty feet.
(c)
Maximum Floor Area Ratio.
The maximum floor area ratio shall
be determined as follows:
(1) C2 District other than Pico Boulevard:
FAR if at Least Thirty
Percent of Project
is Residential, or if at
Least Eighty Percent
Parcel of the project is a
Square Footage FAR Grocery Store
0 -- 7,500 .75 .75
7,501 -- 15,000 .50 .75
15,001 -- 22,500 .45 .65
22,501 and up .40 .55
(2) C2 on Pico Boulevard:
FAR if at Least Thirty
Percent of Project
is Residential, or if at
Least Eighty Percent
Parcel of the project is a
Square Footage FAR Grocery Store
0 -- 7,500 1.0 1.0
7,501 -- 15,000 0.70 1.0
15,001 -- 22,500 0.60 0.85
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22,501 and up 0.50 0.75
Minimum Lot Size.
(d) Seven thousand five hundred square
feet. Each parcel shall have minimum dimensions of fifty feet by one
hundred fifty feet, except that parcels existing on the effective date of this
Chapter shall not be subject to this requirement.
Rear Yard Setback.
(e) None, except:
(1) Where rear parcel line abuts a residential district, a rear yard
equal to:
5' +
(stories × lot width)
50'
The required rear yard may be used for parking or loading to within
five feet of the rear parcel line provided the parking or loading does not
extend above the first floor level and provided that a wall not less than five
feet or more than six 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.
(f)
Side Yard Setback.
None, except:
(1) Where the interior side parcel line abuts a residential district,
an interior side yard equal to:
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5' +
(stories × lot width)
50'
The interior side yard may be used for parking or loading to within
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
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 ten-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 ten
feet shall be permitted if provisions of the Uniform Building Code related to
fire-rated openings in side yards are satisfied.
Development Review.
(g) Except for projects listed in Section
Deleted:
A
9.04.10.14.050, a Development Review Permit is required for any
Deleted:
eleven thousand
development of more than seven thousand five hundred square feet of
floor area. Square footage devoted to residential use shall be reduced by
fifty percent when calculating whether a development review permit is
required.
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SECTION 4. Santa Monica Municipal Code Section 9.04.08.22.060 is hereby amended
to read as follows:
Section 9.04.08.22.060 Property development standards
.
There shall be no limitation on the number of stories of any hotel,
detached parking structure, or structure containing at least one floor of
residential use, so long as the height does not exceed the maximum
number of feet permitted in this Section. All property in the C4 District shall
be developed in accordance with the following standards:
(a)
Maximum Height and Floor Area Ratio.
(1) For parcels in the C4 District fronting on Lincoln Boulevard
south of the Santa Monica Freeway, Pico Boulevard between Ocean
Avenue and 4th Court, and Pico Boulevard between 7th Street and 11th
Street, maximum height shall be two stories, not to exceed thirty feet, and
the floor area ratio shall be determined as follows:
FAR if at Least Thirty
Percent of Project is
Residential, or if at
Least Eighty Percent of
Parcel the Project is a
Square Footage FAR Grocery Store
0 -- 7,500 1.0 1.0
7,501 -- 15,000 0.70 1.0
15,001 -- 22,500 0.60 0.85
22,501 and up 0.50 0.75
(2) For parcels in the C4 District fronting on Broadway, Santa
Monica Boulevard, and 14th Street between Pico Boulevard and the Santa
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Monica Freeway, the maximum height shall be two stories, not to exceed
thirty feet, and the floor area ratio shall be determined as follows:
FAR if at Least Thirty
Percent of Project is
Residential or Automobile
Dealership with CUP, or if
Parcel at Least Eighty Percent of
Square Footage FAR the Project is a Grocery Store
0 -- 7,500 1.5 1.5
7,501 -- 15,000 1.0 1.5
15,001 -- 22,500 0.90 1.3
22,501 and up 0.80 1.15
(3) For parcels in the C4 District fronting on Lincoln Boulevard
north of the Santa Monica Freeway, the maximum height shall be three
stories, not to exceed forty-five feet, and the floor area ratio shall be
determined as follows:
FAR if at Least Thirty
Percent of Project
is Residential, or if at
Least Eighty Percent Parcel
of the Project is a
Square Footage FAR Grocery Store
0 -- 7,500 1.5 1.5
7,501 -- 15,000 1.0 1.5
15,001 -- 22,500 0.90 1.3
22,501 and up 0.80 1.15
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(4) For parcels in the C4 District fronting on Pico Boulevard
between 21st Street and 31st Street, subject to Section
9.04.08.22.060(a)(5), the maximum height shall be two stories, not to
exceed thirty feet, and the floor area ratio shall be determined as follows:
FAR if at Least
Thirty Percent of
Project is Residential
or if at Least Eighty FAR with CUP
Parcel Percent of the Pursuant to
Square Project is a Section 9.04.08-
Footage FAR Grocery Store .22.060(a)(5)
0 -- 7,500 1.5 1.5 2.0
7,501 -- 15,000 1.0 1.5 2.0
15,001 -- 22,500 0.90 1.3 2.0
22,501 and up 0.80 1.15 2.0
(5) Subject to the approval of a Conditional Use Permit, a project
on a City-owned parcel in the C4 District fronting on Pico Boulevard
between 21st Street and 31st Street shall be permitted a FAR bonus and
a height of three stories, forty-five feet, if the project contains a full service
grocery store having at least five thousand square feet of gross floor area.
(b)
Minimum Lot Size.
Seven thousand five hundred square feet.
Each parcel shall contain a minimum depth of one hundred fifty feet and a
minimum width of fifty feet except that parcels existing on the effective date of
this Chapter shall not be subject to these requirements.
(c)
Front Yard Setback.
Landscaping as required pursuant to the
provisions of Part 9.04.10.04.
(d)
Rear Yard Setback.
None, except:
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(1) Where rear parcel line abuts a residential district, a rear yard
equal to:
5' +
(stories × lot width)
50'
The required rear yard may be used for parking or loading to within
five feet of the rear parcel line provided the parking or loading does not
extend above the first floor level and provided that a wall not less than five
feet or more than six feet in height is erected and maintained along the
rear commercial parcel line. Access driveways shall be permitted to
perpendicularly cross 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.
(e)
Side Yard Setback.
None, except:
(1) Where the interior side parcel line abuts a residential district,
an interior side yard equal to:
5' +
(stories × lot width)
50'
The interior side yard may be used for parking or loading to within
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
78
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 ten-foot setback from an interior side 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 ten
feet shall be permitted if provisions of the Uniform Building Code related to
fire-rated openings in side yards are satisfied.
Development Review.
(f) Except for projects listed in Section
Deleted:
A
9.04.10.14.050, a Development Review Permit is required for any
Deleted:
twenty-five thousand
development of more than seven thousand five hundred square feet of
Deleted:
, except that for
applications involving the demolition
floor area and for any development with rooftop parking. Square footage
and replacement of an existing single
purpose grocery store on a parcel
which is not adjacent to a residentially
devoted to residential use shall be reduced by fifty percent when
zoned district, with a store which has
a minimum of twenty-five thousand
square feet of floor area, only a net
calculating whether a development review permit is required.
new floor area addition of more than
twenty-five thousand square feet shall
be subject to Development Review
SECTION 5. Santa Monica Municipal Code Section 9.04.08.24.060 is hereby amended
to read as follows:
Section 9.04.08.24.060 Property development standards.
All property in the C5 District shall be developed in accordance with
the following standards:
(a)
Maximum Building Height.
Three stories, not to exceed forty-five
feet. There shall be no limitation on the number of stories of any parking structure
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so long as the height does not exceed the number of feet permitted in this
Section.
(b)
Maximum Floor Area Ratio.
The maximum floor area ratio shall
be determined as follows:
Parcel Square Footage FAR
0 -- 22,500 1.0
22,501 and up 0.75
Minimum Lot Size.
(c) Fifteen thousand square feet. Each
parcel shall contain a minimum depth of one hundred fifty feet and a
minimum width of one hundred feet except that parcels existing on the
effective date of this Chapter shall not be subject to this requirement.
Front Yard Setback.
(d) Twenty feet minimum depth from any
public right-of-way or the transportation right-of-way.
Rear Yard Setback.
(e) None, except:
(1) Where rear parcel line abuts a residential district, a rear yard
equal to:
5' +
(stories × lot width)
50'
The required rear yard may be used for parking or loading within
five feet of the rear parcel line provided the parking or loading does not
extend above the first floor level and provided that a wall not less than five
feet or more than six feet in height is erected and maintained along the
rear commercial line. Access driveways shall be permitted to
perpendicularly cross the required rear yard provided the driveway does
80
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.
(f)
Side Yard Setback.
None, except:
(1) Where interior side parcel line abuts a residential district, an
interior side yard equal to:
5' +
(stories × lot width)
50'
The interior side yard may be used for parking or loading no closer
than to 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
along the side commercial parcel line. A required interior side yard shall
not be used for access or for commercial or manufacturing 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 ten-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 ten
feet shall be permitted if provisions of the Uniform Building Code related to
fire-rated openings in side yards are satisfied.
81
(g)
Development Review.
Except for projects listed in Section
Deleted:
A
Development Review Permit is required for any
9.04.10.14.050, a
Deleted:
thirty thousand
development of more than seven thousand five hundred square feet of
floor area and any development with rooftop parking. Square footage
devoted to residential use shall be reduced by fifty percent when
calculating whether a development review permit is required.
SECTION 6. Santa Monica Municipal Code Section 9.04.08.26.060 is hereby amended
to read as follows:
Section 9.04.08.26.060 Property development standards
.
All property in the C6 District shall be developed in accordance with the
following standards:
Maximum Building Height.
(a) Three stories, not to exceed
forty-five feet. There shall be no limitation on the number of stories of any
hotel, detached parking structure, or structure containing at least one floor
of residential use, so long as the height does not exceed the maximum
number of feet permitted in this Section.
Maximum Floor Area Ratio.
(b) The maximum floor area ratio
shall be determined as follows:
FAR if at Least Thirty
Percent of Project
is Residential, or if at
Least Eighty Percent Parcel
of the Project is a
Square Footage FAR Grocery Store
0 -- 7,500 2.0 2.0
7,501 -- 15,000 1.4 2.0
15,001 -- 22,500 1.2 1.75
22,501 and up 1.0 1.5
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Minimum Lot Size
(c) . Seven thousand five hundred square
feet. Each parcel shall contain a minimum depth of one hundred fifty feet
and a minimum width of fifty feet, except that parcels existing on the
effective date of this Chapter shall not be subject to this requirement.
Front Yard Setback
(d) . Landscaping as required pursuant to
the provision of Part 9.04.10.04.
Rear Yard Setback
(e) . None, except:
(1) Where rear parcel line abuts a residential district, a rear yard
equal to:
5' +
(stories × lot width)
50'
The required rear yard may be used for parking or loading to within
five feet of the rear parcel line provided the parking or loading does not
extend above the first floor level and provided that a wall not less than five
feet or more than six 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.
(f) None
Side Yard Setback.
, except:
(1) Where the interior side parcel line abuts a residential district,
an interior side yard equal to:
83
5' +
(stories × lot width)
50'
The interior side yard may be used for parking or loading to within
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 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 ten-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 ten
feet shall be permitted if provisions of the Uniform Building Code related to
fire-rated openings in side yards are satisfied.
Development Review.
(g) Except for projects listed in Section
Deleted:
A
9.04.10.14.050, a Development Review Permit is required for any
Deleted:
thirty thousand
development of more than seven thousand five hundred square feet of
Deleted:
, except that for
applications involving the demolition
floor area and any development with rooftop parking. Square footage
and replacement of any existing
single purpose grocery store on a
parcel which is not adjacent to a
devoted to residential use shall be reduced by fifty percent when
residentially zoned district, with a
store which has a minimum of twenty-
five thousand square feet of floor
calculating whether a development review permit is required.
area, only a net new floor area
addition of more than thirty thousand
square feet shall be subject to
Development Review
84
SECTION 7. Santa Monica Municipal Code Section 9.04.08.28.060 is hereby amended
to read as follows:
Section 9.04.08.28.060 Property development standards.
For purposes of property development standards, there shall be
three zoning classifications within the CM district: CM-2, CM-3 and CM-4.
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:
(1) For parcels with frontage on Second Street, and which abut
residentially zoned property on at least one side yard, for that area within
one hundred feet of Second Street maximum building height, number of
stories, and floor area ratio shall be:
Max.
Max. No. Of Max. Max. FAR Project if 30% of the
HeightStories FAR is Residential
27'2.81.0
(2) For all other parcels in the CM District, maximum building
height, number of stories and floor area ratio shall be:
Max Max. Max.
HeightNo. Of
FAR
Stories
CM-2 27’ 2 1.5
CM-3 35’ 3 2.0
CM-4 35’ 3 2.0
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(3) Notwithstanding the above, property in the CM-4 District may
be developed to a maximum height of forty-seven feet, four stories and a
2.5 FAR, provided the following conditions are met:
(i) The fourth floor does not exceed more than fifty percent of the
third floor footprint;
(ii) The fourth floor is set back a minimum of ten feet from the
third floor street frontage(s);
(iii) The fourth floor is set back a minimum of five feet from the
third floor side and rear yard building frontages;
(iv) The fourth floor setback at the street frontage is devoted to a
roof garden or unenclosed terrace;
(v) The development includes residential uses equal to or
exceeding the floor area of the fourth floor;
(vi) The front yard setback at the ground floor level is double that
required pursuant to subsection (b) of this Section.
(4) There shall be no limitation on the number of stories of any
structure whose floor area contains fifty percent or more residential uses
as long as the height does not exceed the maximum number of feet
permitted in the zoning classification of the CM District in which it is
located, or as allowed by Section 9.04.10.14.030(a) of this Chapter. For
purposes of calculating the FAR of any structure within the CM District,
multi-residential units devoted strictly to apartment residential uses shall
be computed at one-half the actual total floor area.
86
(b)
Front Yard Setback.
(1) For parcels with frontage on Second Street and which abut
residentially zoned property on at least one side yard, on that portion of
the parcel located within seventy-five feet of Second Street, the front yard
setback shall be twenty feet or fifteen feet if the average setback of
adjacent dwelling(s) is fifteen feet or less. A one-story, covered or
uncovered porch, open on three sides may encroach six feet into a front
yard with a twenty-foot setback, if the roof does not exceed a height of
fourteen feet and the porch width does not exceed forty percent of the
building width at the front of the building.
(2) For all other parcels in the CM District, a front yard shall be
provided in accordance with Part 9.04.10.04 of this Code.
(c)
Rear Yard Setback.
A rear yard shall be provided and maintained.
Such yard shall have a minimum depth as follows:
(1)
CM-2 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 feet of the
rear property line is not more than nine feet 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 twenty feet.
87
(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
fifteen 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.
(2)
CM-2 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)
CM-3 District.
Rear yard requirements in the CM-3 District shall be
the same as those required in the CM-2 District, west of the centerline of Main
Street, for one and two story structures. A minimum fifteen-foot rear yard setback
for any portion of a third story is required.
(4)
CM-4 District.
No rear yard setback is required except as may be
required in subsection (a) of this Section..
Side Yard Setback.
(d) None, except where the interior side parcel line
abuts a residential district. In those cases, an interior side yard shall be provided
equal to:
88
5' +
(stories × lot width)
50'
On lots of less than fifty feet in width, the side yard shall be ten percent of
the parcel width but not less than five feet.
(e)
Development Review.
Except for projects listed in Section
Deleted:
A
9.04.10.14.050, a development review permit is required for any development of
Deleted:
eleven thousand
more than seven thousand five hundred square feet of floor area. Square footage
devoted to residential use shall be reduced by fifty percent when calculating
whether a development review permit is required.
SECTION 8. Santa Monica Municipal Code Section 9.04.08.30.060 is hereby amended
to read as follows:
Section 9.04.08.30.060 Property development standards
.
All property in the CP District shall be developed in accordance with
the following standards unless otherwise provided in the Hospital Area
Specific Plan:
(a)
Maximum 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. No.Max.Max.Max. No.Max.
Heightof StoriesFARHeightof StoriesFAR
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
89
height does not exceed the maximum number of feet permitted in this
Section or as allowed by Section 9.04.10.14.030(a) of this Chapter.
(b) The main hospital campus of Saint John’ s Hospital and
Health Center shall be divided into two parcels for purposes of calculating
FAR. Parcel A-Lot 13, Block 3, Orchard Tract; Parcel B-Lots 4-29, Tract
No. 4618 and Lots 1, 2 and 3, Tract No. 7764.
(c) Parking structures developed in the CP District in which at
least half of the spaces are provided to address an existing parking space
deficiency or are replacing existing parking shall not be subject to FAR
limitations, but shall be required to meet all other development standards
for the area.
(d)
Minimum Lot Size
. Seventy-five hundred square feet. Each parcel
shall contain a minimum depth of one hundred fifty feet and a minimum width of
fifty feet, except that parcels 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, twenty feet.
(f)
Rear Yard Setback
. None, except:
(1) Where rear parcel line abuts a residential district, a rear yard
equal to:
?
5' + (stories
lot width)
50'
The required rear yard may be used for parking or loading to within five
feet of the rear parcel line provided the parking or loading does not extend above
the first floor level and provided that a wall not less than five feet or more than six
feet in height is erected and maintained along the rear commercial parcel line.
90
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
lot width)
50'
The 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 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 ten-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 ten feet shall be permitted
if provisions of the Uniform Building Code related to fire-rated openings in side
yards are satisfied.
(h)
Development Review
. Except for projects listed in Section
9.04.10.14.050, a Development Review Permit is required for any development of more
Deleted:
A
than seven thousand five hundred square feet of floor area, for any development with
Deleted:
twenty-two thousand five
rooftop parking, and to heights and floor area ratios in Section 9.04.08.30.060(a). Square
hundred
footage devoted to residential use shall be reduced by fifty percent when calculating
whether a development review permit is required.
(i) All new commercial development in this District shall provide free
employee parking and a minimum one hour free visitor parking unless a
preferential parking zone exists or is established in the area of the development
and the City finds that the preferential parking district will adequately mitigate
potential adverse on-street parking impacts of the development, or if otherwise
provided in the Hospital Area Specific Plan.
SECTION 9. Santa Monica Municipal Code Section 9.04.08.34.060 is hereby amended
to read as follows:
Section 9.04.08.34.060 Property development standards.
All property in the M1 District shall be developed in accordance with the following
standards:
(a)
Maximum Building Height.
Two stories and thirty feet or with approval of a
Development Review Permit for artist studios only, three stories and forty-five feet. For
91
recreational facilities associated with public or private primary or secondary schools, two stories
and forty-five feet. Within fifty feet of a residential district, no portion of any structure shall
exceed the maximum permitted height of the adjoining residential district. There shall be no
limitation on the number of stories of any detached parking structure so long as the height does
not exceed the number of feet permitted in this Section.
(b)
Maximum Floor Area Ratio.
1.0 or 1.5 for development of artist
studios with approval of a Development Review Permit.
(c)
Minimum Lot Size.
Fifteen thousand square feet. Each parcel shall
contain a minimum depth of one hundred fifty feet and a minimum width of one hundred
feet, except that parcels existing on the effective date of this Chapter shall not be subject
to this requirement.
(d)
Front Yard Setback.
Landscaping as required pursuant to the
provision of Part 9.04.10.04.
(e)
Rear Yard Setback.
None, except:
(1) Where the rear parcel line abuts a residential district, a rear yard
equal to:
5' +
(stories x lot width)
50'
The required rear yard may be used for parking or loading to within five
feet of the rear parcel line provided the parking or loading does not extend above
the first floor level and provided that a wall not less than five feet or more than six
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.
(f)
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
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 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 ten-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 ten feet shall be permitted
if provisions of the Uniform Building Code related to fire-rated openings in side
yards are satisfied.
Development Review.
(g) Except for projects listed in Section
9.04.10.14.050, a Development Review Permit is required for any development of
Deleted:
A
92
more than seven thousand five hundred square feet of floor area and any
Deleted: thirty thousand
development with rooftop parking. Square footage devoted to residential use
shall be reduced by fifty percent when calculating whether a development review
permit is required.
SECTION 10. Santa Monica Municipal Code Section 9.04.08.35.050 is hereby amended
to read as follows:
Section 9.04.08.35.050 Property development standards
.
All property in the Light Manufacturing and Studio District shall be
developed in accordance with the following standards:
(a)
Maximum Building Height.
The maximum building height 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 involving the expansion of public or private
elementary and secondary schools (Grades K through 12) existing prior to
September 8, 1988;
(2) Entertainment-related facilities including sound stages, movie
studios, editing facilities, post-production facilities, set construction
facilities and special effects facilities;
(3) Theaters.
There shall be no limitation on the number of stories of any
detached parking structure so long as the height does not exceed the
number of feet permitted in the district.
(b)
Maximum Floor Area Ratio.
Maximum floor area ratio shall be
1.0, except the following projects may have a floor area ratio of 1.5:
93
(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, provided the additional .5 floor area ratio is
devoted to artist studio use, and the commercial square footage does not
exceed 1.0 floor area ratio.
(c)
Minimum Lot Size.
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 one hundred feet, except that lots existing on the effective
date of the ordinance codified in this Chapter shall not be subject to this
requirement.
(d)
Front Yard Setback.
All landscaping shall be in accordance with
the provisions of Part 9.04.10.04 of this Code.
(e)
Rear Yard Setback.
No rear yard setback shall be required except:
(1) Where the rear parcel line abuts a residential district, a rear
yard equal to:
5' +
(stories × lot width)
50'
shall be required.
The required rear yard may be used for parking or loading to within
five feet of the rear parcel line, provided the parking or loading does not
extend above the first floor level and provided that a wall not less than five
feet or more than six feet in height is erected and maintained along the
rear commercial parcel line. Access shall be permitted to cross
94
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) Such rear yard setback as is necessary to accommodate
landscaping and screening for a rear yard buffer required pursuant to the
provisions of Part 9.04.10.04 of this Code.
(f)
Side Yard Setback.
No side yard setback shall be required except:
(1) Where the interior side parcel line abuts a residential district,
an interior side yard equal to:
5' +
(stories × lot width)
50'
shall be required.
The 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
along the side commercial parcel line. A required interior side yard shall
not be used for access or for commercial purposes;
(2) Such side yard setback as is needed to accommodate
landscaping required for a street side yard, landscape buffer and
screening pursuant to the provisions of Part 9.04.10.04 of this Code.
(3) For portions of buildings that contain windows, doors, or other
openings into the interior of the building, a ten-foot setback from an interior
property line shall be required. An interior side yard setback of less than
95
ten feet shall be permitted if provisions of the Uniform Building Code
related to fire-rated openings in side yards are satisfied.
Building Stepback.
(g) Building stepbacks shall be provided
pursuant to the requirements of Section 9.04.10.02.040, unless the
Architectural Review Board finds that modification or elimination of this
requirement 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 requirement are satisfied by the provision of alternative
stepbacks or other building features which reduce effective mass to a
degree comparable to other relevant standards.
(h)
Olympic Boulevard Setback.
Buildings shall be setback a
minimum of twenty feet from Olympic Boulevard.
Development Review.
(i) Except for projects listed in Section
Deleted:
A
9.04.10.14.050, a development review permit is required for any
Deleted:
thirty thousand
development of more than seven thousand five hundred square feet of
floor area, for any development with rooftop parking, and for projects
which include artist studios with a 1.5 floor area ratio, provided the
additional .5 floor area ratio is devoted to artist studio use, and the
commercial square footage does not exceed 1.0 floor area ratio. Square
footage devoted to residential use shall be reduced by fifty percent when
calculating whether a development review permit is required.
SECTION 11. Section 9.04.10.14.050 is hereby added to the Santa Monica Municipal
Code to read as follows:
96
Section 9.04.10.14.050 Exemptions from Development
Review thresholds.
The following projects located in the RVC, BCD, C2, C4, C5, C6,
CM, CP, M1, and LMSD Districts shall be exempt from Development
Review thresholds:
(a) Projects that contain a minimum of eighty percent (80%) of floor
area devoted to multi-family residential use provided that at least fifteen
percent (15%) of the housing units are deed-restricted for households with
incomes of eighty percent (80%) of median income or less or at least ten
percent (10%) of the housing units are deed-restricted for households with
incomes of sixty percent (60%) of median income or less.
(b) Affordable housing projects in which one hundred percent
(100%) of the housing units are deed-restricted for households with
incomes of eighty percent (80%) of median income or less.
(c) Projects in the C2 and CM districts which are required by the
City’s Zoning Ordinance to devote more than twenty percent (20%) of floor
area to pedestrian oriented uses shall also be exempt if these projects
contain the maximum percentage of multi-family residential use authorized
by the Zoning Ordinance and meet the affordable housing unit
requirement of subsection (a) of this Section.
(d) The affordable housing units required to qualify for the
exemption from the development review threshold established by
97
subsections (a) or (c) of this Section may be provided off-site if the units
are developed in accordance with the requirements of Section 9.56.060.
SECTION 12. 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, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 13. 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 competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 14. The Mayor shall sign and the City Clerk shall attest to the
passage of this Ordinance. The City Clerk shall cause the same to be published once
in the official newspaper within 15 days after its adoption. This Ordinance shall
become effective 30 days from its adoption.
APPROVED AS TO FORM:
_________________________
MARSHA JONES MOUTRIE
City Attorney
98