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SR-400-005-16 (11) e .- ~CitYOf Santa Moniea@ City Council Report City Council Meeting: September 12, 2006 Agenda Item: 7- - ~ To: Mayor and City Council From: Andy Agle, Interim Director, Department of Planning and Community Development Subject: Introduction and First Reading of an Ordinance that makes permanent interim development standards in the R1 Sunset Park and North of Wilshire neighborhoods and clarifies an existing regulation as it applies properties in the R1 Single Family Zoning District Recommended Action It is recommended that the City Council introduce for first reading the attached ordinance, which incorporates interim standards for Sunset Park and North of Wilshire Boulevard areas of the R1 zoning district into the Zoning Ordinance and clarifies the definition of second floor parcel coverage where applicable throughout the R1 zoning district. Executive Summary This report provides background information and recommends that the City Council incorporate into the Municipal Code the provisions of Interim Ordinance 2172 (CCS) prior to its expiration. The ordinance requires additional development standards and in some cases architectural review in the Sunset Park and North of Wilshire Boulevard areas of the R1 zoning district. Additionally, the report recommends an amendment for purposes of clarifying the second floor parcel coverage regulation as it relates generally 1 to properties the R 1 zoning district. The report also considers but rejects the idea of extending similar standards to the R1 neighborhood located north of Pico Boulevard and south of Exposition Boulevard. Discussion Backqround On February 25, 2003, the City Council adopted Interim Ordinance Number 2006 (CCS), which modified development standards in the Sunset Park and North of Wilshire neighborhoods. Adoption of this ordinance reflected concern that an increase in the amount of allowable new construction could significantly impact and drastically change the character of these neighborhoods and potentially impact light, air, and privacy for surrounding residents. The interim provisions adopted to reduce the allowable massing and bulk were similar but not identical to those required in the area north of Montana Avenue. On June 28, 2005, the City Council approved Ordinance No. 2160 (CCS), extending the previous interim ordinance. Based on community feedback from neighborhood residents and architects with experience designing houses to comply with the interim standards, the Council introduced exceptions to the regulations for narrow lots and moved the hillside parcel review process from the Zoning Administrator to the Architectural Review Board (ARB). In October 2005, the regulations were further amended to allow open balconies and porches to project six feet into the front yard [Ordinance No. 2172 (CCS)]. Since the new procedures went into effect, two hillside projects have been 2 processed and ARB staff has found that the new ordinance provisions effectively address the design issues that impact hillside developments and their relationships to neighboring properties. Real estate value in these neighborhoods has continued to rise such that concern regarding development pressures persists. When the ordinance was extended, it was anticipated that its provisions would eventually be incorporated into a revised Zoning Ordinance. However, at this time it is recommended to incorporate them into the Municipal Code prior to the interim ordinance's expiration. While staff is recommending that the interim standards be adopted in their current form, the draft ordinance also contains language that clarifies a restriction related to second floor parcel coverage for R1 properties north of Montana Avenue, as well as the Sunset Park and north of Wilshire Boulevard neighborhoods. The clarification explicitly addresses large volume spaces, which are created in designs with lofts, oversized entries, or other high ceiling areas. Since this volume contributes to overall building mass and scale, it is appropriate to include this volume space at or around the second floor level as second floor parcel coverage. The recommended standard is to require first floor volume space that extends taller than 18 feet in height to be counted toward second floor parcel coverage. This height was selected because it is consistent with other provisions in the code related to one story building heights in the R1 district. The specific language is included in Attachment A. 3 Staff considered whether would be advantageous to extend additional development standards to the R1 neighborhood located north of Pico and south of Exposition Boulevards in this ordinance. However, this neighborhood has not clearly been subject to the economic pressures that have characterized other R1 neighborhoods in the City and the factors that present a threat to the public health, safety and welfare are not present in this area. Furthermore, new development standards in this area, if considered, would benefit from extensive community outreach and input from the neighborhood's residents, which has not occurred at this time. PlanninQ Commission Action The Planning Commission is scheduled to review the proposed text amendment at its regular meeting on September 6, 2006. The Commission will forward its recommendations to the City Council when the City Council considers the amendments on September 12. Alternatives The Council may choose not to incorporate the subject interim standards and/or regulation clarification into the Municipal Code, in which case the interim requirements would expire on March 11, 2007, and the existing zoning provisions would apply in the relevant R 1 areas. Environmental Analvsis The City's actions to modify the development standards and review processes in the R1 4 Sunset Park and North of Wilshire Neighborhoods are legislative actions subject to the requirements of the California Environmental Quality Act (CEQA). In accordance with CEQA Guidelines Sections 15060-15061, staff conducted a preliminary review and determined that this project is exempt from CEQA on the following grounds: The proposed ordinance is exempt pursuant to CEQA Section 15061 (b)(3) in that it can be seen with certainty that the proposed ordinance does not have the potential to significantly impact the environment in that the amendments establish additional development standard limitations that would regulate the size and scale of development, including but not limited to, standards related to setbacks, stepbacks, maximum parcel coverage, and second floor parcel coverage. The proposed ordinance serves to further protect the environment by ensuring that development projects are designed to be compatible with the surrounding neighborhood by creating more open space, improving aesthetics, and adjusting massing. In addition, as individual projects that require discretionary review under the proposal are submitted, they will be individually reviewed pursuant to CEQA. If it is determined that a project has the potential to cause a direct physical change to the environment, additional analysis will be completed in accordance with CEQA. The proposed ordinance is also exempt pursuant to CEQA Section 15305(a) in that the project involves minor alterations to land use limitations, the density or allowed land uses does not change, and the average slope of the area subject to the change is less than 20%. As detailed above, the proposed ordinance establishes additional 5 development standards that constitute minor alterations to land use limitations that further regulate the size and scale of development. Public Outreach A legal advertisement was published in the Santa Monica Daily Press at least ten consecutive calendar days prior to the hearing. Budqet/Financiallmpact The recommendations presented in this report have no budget or financial impacts. Prepared by: Elizabeth Bar-EI, AICP, Senior Planner Approved: Andy Agle Interim Director, Department of Planning and Community Development Attachments: A. Recommended Ordinance Text Forwarded to Council: 6 f:\atty\muni\laws\barry\R 1 sunset&NofWstandards.doc City Council Meeting 9-12-06 Santa Monica, California ORDINANCE NUMBER (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MODIFYING THE DEVELOPMENT STANDARDS AND REVIEW PROCESSES IN THE R1 SUNSET PARK AND NORTH OF WILSHIRE NEIGHBORHOODS INCLUDING, BUT NOT LIMITED TO, STANDARDS AND REVIEW RELATED TO SETBACKS, STEPBACKS, MAXIMUM PARCEL COVERAGE, SECOND FLOOR PARCEL COVERAGE, GARAGES AND GARAGE DOORS, ARCHITECTURAL PROJECTIONS, BALCONIES AND PORCHES, AND ARCHITECTURAL REVIEW OF SPECIFIED STRUCTURES AND CLARIFYING THE SECOND FLOOR PARCEL COVERAGE STANDARD ALSO APPLICABLE IN THE NORTH OF MONTANA NEIGHBORHOOD WHEREAS, the R1 Single Family area of the City bounded by Lincoln Boulevard to the west, Pico Boulevard to the north, and the City boundaries to the east and south, commonly referred to as the Sunset Park Neighborhood and the area of the City bounded by Montana Avenue to the north, 22nd Street to the west, Wilshire Boulevard to the south, and the City boundary to the east, commonly referred to as the North of Wilshire Neighborhood contain a mix of modest, older, single story and two story homes; and 1 WHEREAS, the development standards established by the City's Zoning Ordinance authorize the construction of housing dramatically different from the existing scale and character of these neighborhoods thereby significantly impacting existing residences in terms of access to light and air, privacy, and the overall amount of open space; and WHEREAS, over the past five to six years, real estate values in the Sunset Park and North of Wilshire neighborhoods have risen dramatically, with year over year increases often exceeding twenty percent; and WHEREAS, at the same time, and continuing into the present, interest rates have remained at or near historically low levels; and WHEREAS, these economic realities have fueled an active real estate market in which buyers seek to acquire property in the Sunset Park and North of Wilshire neighborhoods with the intent of demolishing existing homes and building new residences; and WHEREAS, during this time, the Sunset Park neighborhood and the North of Wilshire neighborhood have experienced substantial redevelopment of homes; and WHEREAS, if new houses are developed to the maximum size authorized by current zoning, they could reach approximately 5,000 square feet in size, could also contain lofts and mezzanines between the first and second floors and between the second floor and the roof which would create the appearance of a three story structure; and WHEREAS, because of the combined height and massing of these houses, they would tower over and dwarf the existing adjacent houses, would be wholly at odds with 2 the existing scale and character of the neighborhood, and could be built without any discretionary review; and WHEREAS, the full build-out of these lots would substantially reduce the overall amount of open space in the neighborhood and have a significant detrimental impact on adjacent neighbors' access to light, air, and privacy; and WHEREAS, if current development standards are permitted to continue, housing could be developed which would severely impact existing residences, would be incompatible with the existing neighborhood's scale and character, and would be contrary to the neighborhood's historic development pattern; and WHEREAS, for these reasons, the Zoning Ordinance requires revision as it pertains to the appropriate development standards in the R1 Districts in the Sunset Park and North of Wilshire neighborhoods. WHEREAS, in light of the above-mentioned concerns, the City Council adopted Ordinance Number 2066 (CCS) modifying the development standards in the Sunset Park and North of Wilshire neighborhoods on February 25, 2003, and extended its provisions by adopting Ordinance Number 2067 (CCS) on March 11, 2003, Ordinance Number 2156 (CCS) on March 22, 2005, Ordinance Number 2160 (CCS) on June 28, 2005, and Ordinance Number 2172 (CCS) on October 25,2005; and WHEREAS, Ordinance Number 2172 (CCS) will expire on March 11,2007; and WHEREAS, the City adopted new development standards for the R1 Single Family area of the City bounded by Montana Avenue, the northern City limits, Twenty- Sixth Street, and Ocean Avenue, commonly referred to as the North of Montana Neighborhood, in 1999; and 3 WHEREAS, based on staff's experience in applying these provisions, it is also necessary to clarify the second floor parcel coverage standard for the North of Montana Neighborhood; and WHEREAS, on August 16, 2006, the Planning Commission held a public hearing to adopt a Resolution of Intention which stated the Commission's intention to recommend modifications to the City's Zoning Ordinance to address the issues specified above; and WHEREAS, on September 6, 2006, the Planning Commission held a public hearing on the proposed ordinance and recommended that the City Council approve the proposed ordinance with certain specified modifications; and WHEREAS, the City Council considered the proposed ordinance on September 12, 2006; and WHEREAS, the proposed amendments are consistent in principle with the goals, objectives, policies, land uses and programs specified in the adopted General Plan, more specifically Land Use Element 1.10.1 which is to "encourage the development of new housing while still protecting the character and scale of the existing neighborhood," Housing Element Policy 1.3 which states establish and maintain development standards that support development while protecting quality of life goals, and Housing Element Policy 1.7 which states that the City should maintain development standards that ensure that the development of new housing in residential neighborhoods is designed to fit within the existing neighborhood contexts; and WHEREAS, the public health, safety and general welfare require the adoption of the proposed amendment in that if the current development standards are not modified, 4 . additional housing would be developed that could severely impact existing residences, would be incompatible with the existing neighborhood scale and character and would be contrary to the neighborhood's historic development patterns, and in that the proposed amendment will set development standards that will ensure that adequate light, air, privacy, and open space is provided for each dwelling, that new development is compatible with the North of Wilshire and Sunset Park neighborhoods, and the character of these neighborhoods is maintained, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code Section 9.04.08.02.070 IS hereby amended to read as follows: Section 9.04.08.02.070. Property development standards. All property in the R1 District shall be developed in accordance with the following standards: (a) Maximum Building Height. (1) Two stories, not to exceed twenty-eight feet, which includes all building elements except chimneys and required vents; 5 (2) On lots of more than twenty thousand square feet with a minimum front parcel line dimension of two hundred feet, the height shall not exceed thirty-five feet for a pitched roof or twenty-eight feet for other types of roofs. (3) On lots of less than twenty-thousand square feet in the area bounded by Montana Avenue, the northern City limits, Twenty-Sixth Street and Ocean Avenue, the maximum building height shall be thirty-two feet, except that for a parcel with greater than thirty-five percent parcel coverage, the maximum building height shall be one story, not to exceed eighteen feet, which includes all building elements except chimneys and required vents. (b) Maximum Unit Density. One dwelling unit per parcel, except where a use permit has been approved for a duplex as permitted by Section 9.04.08.02.040(a). (c) Minimum Lot Size. Five thousand square feet. Each parcel shall contain a minimum depth of one hundred feet and a minimum width of fifty feet except for parcels bounded by the center lines of First Court Alley to the west, Seventh Street to the east, Montana Place North Alley to the south, and Adelaide Drive to the north, which shall contain a minimum width of one hundred feet and a minimum depth of 6 one hundred seventy-five feet. Any parcel existing on the effective date of this Chapter shall not be subject to this requirement. (d) Maximum Parcel Coverage. ~rty percent except that parcels between three thousand one ;:md five thousand square feet may have a parcel coverage of fifty percent, and parcels of three thousand square feet or smaller may have a parcel cover~ge of sixty percent, however, in the area bounded by Montana Avenue, the northern City limits, Tvventy Sixth Street and Ocean P,venue, A18*fmum parcel coverage shall be tIhirty-five percent except that parcels with only one-story structures not exceeding eighteen feet in height may have a maximum parcel coverage of fifty percent, however, in the area bounded by Stewart Avenue, Exposition Boulevard, Centinela Avenue, and Pico Boulevard, maximum parcel coveraqe shall be forty percent except that parcels between three thousand one and five thousand square feet may have a parcel coverage of fifty percent, and parcels of three thousand square feet or smaller may have a parcel coveraqe of sixty percent. 7 (e) Front Yard Setback. As shown on the Official Oistricting Map of the City, or, if no setback is specified, twenty feet. (f) Additional Front Stepback Above Fourteen Feet in Height. For new structures or additions to existing structures, any portion of the front building elevation above fourteen feet exceeding seventy-five percent of the maximum buildable front elevation shall be stepped back from the front setback line an additional average amount equal to four percent of parcel depth, but in no case resulting in a required stepback greater than ten feet. However, in the area bounded by Montana Avenue, the northern City limits, Twenty-Sixth Street and Ocean Avenue, the stepback shall be as follows: any portion of the front building elevation above fourteen feet exceeding seventy percent of the maximum buildable front elevation shall be stepped back from the front setback line an additional average amount equal to eight percent of parcel depth, but in no case resulting in a required stepback greater than twelve feet. As used in this Chapter, "maximum buildable elevation" shall mean the maximum potential length of the elevation permitted under these regulations, which includes 8 parcel width or length (as applicable), minus required minimum setback. (g) Rear Yard Setback. Twenty-five feet. (h) Additional Rear Stepback Above Fourteen Feet in Height. For new structures or additions to existing structures, any portion of the rear building elevation above fourteen feet exceeding seventy-five percent of the maximum buildable rear elevation shall be stepped back from the rear setback line an additional average amount equal to four percent of parcel depth, but in no case resulting in a required stepback greater than ten feet. However, in the area bounded by Montana Avenue, the northern City limits, Twenty-Sixth Street and Ocean Avenue, the stepback shall be as follows: the entire rear building elevation above fourteen feet shall be stepped back an amount equal to thirty percent of the lot depth, but no greater than forty feet from the rear property line. (i) Side Yard Setback. (1) Except as otherwise provided in this subsection ~ +!en percent of the parcel width or a minimum of three feet six inches, whichever is greater, but in no case greater than fifteen feet. 9 ilL However, in the area bounded by Montana Avenue, the northern City limits, Twenty Sixth Street and Ocean ,';venue, fEor structures over eighteen feet in height, including all building elements except chimneys and required vents, the required amount of setback for both side yards combined as measured at any point on the parcel, shall equal thirty percent of the parcel width but in no case be greater than a total of forty-five feet. The minimum setback for each side yard shall also be equal to ten percent of the parcel width, or a minimum of three feet, six inches whichever is greater. (See also Section 9.04.10.02.190.) (3) Subdivision (2) of this subsection (i) shall not apply in the area bounded by Stewart Street, Exposition Boulevard, Centinela Avenue, and Pico Boulevard, (4) Subdivision (2) of this subsection (i) shall also not apply in the followinq circumstances to parcels in the area bounded by Lincoln Boulevard to the west, Pico Boulevard to the north, and the City boundaries to the east and south and in the area bounded by Montana Avenue to the north, 22nd Street to the west, Wilshire Boulevard to the south and the City boundary to the east: 10 (A) New structures on parcels that are 45 feet or less in parcel width. (B) Additions to existinq structures that do not constitute a substantial remodel on parcels that are less than 50 feet in parcel width. (C) Any development on parcels that are less than 5,000 square feet in parcel area. (D) If modified by the Architectural Review Board in accordance with Section 9.04.08.02.080(f)(3) and (g). U) Additional Side Stepbacks Above Fourteen Feet in Height. For new structures or additions to existing structures, any portion of the side building elevation above fourteen feet exceeding fifty percent of the maximum buildable side elevation shall be stepped back from the side setback line an additional one foot for every two feet four inches above fourteen feet of building height to a maximum height of twenty-one feet. (k) Additional Side Stepback Above Twenty-One Feet in Height. No portion of the building, except permitted projections, shall intersect a plane commencing twenty-one feet in height at the minimum sideyard setback and 11 extending at an angle of forty-five degrees from the vertical toward the interior of the site. However, in the area bounded by Montana Avenue, the northern City limits, Twenty-Sixth Street and Ocean Avenue, no portion of the building, except permitted projections, shall intersect a plane commencing twenty-one feet in height at the minimum sideyard setback and extending at an angle of thirty degrees from the horizontal toward the interior of the site. (I) Front Yard Paving. No more than fifty percent of the required front yard area including driveways shall be paved, except that lots with a width of twenty-five feet or less may have up to sixty percent of the required front yard area paved. However, in the area bounded by Montana Avenue, the northern City limits, Twenty-Sixth Street and Ocean Avenue, no more than forty percent of the required front yard area shall be paved, including driveways, except that lots with a width of twenty-five feet or less may have up to sixty percent of the required front yard area paved. (m) Modifications to Stepbacks Above Fourteen Feet in Height. The stepback requirements of subsections (f), (h), 0), and (k) of this Section may be modified subject to the review and approval of the Architectural Review Board if the Board finds that the modification will not be detrimental 12 to the property, adjoining properties or the general area in which the property is located, and the objectives of the stepback requirements are satisfied by the provision of alternative step backs or other building features which reduce effective mass to a degree comparable, to the relevant standard requirement. (n) Driveways. No more than one driveway per parcel to a public street shall be permitted on parcels less than one hundred feet in width. (0) Basements and Subterranean Garages. No basement or subterranean garage shall extend into any required yard setback area, except for any basement or garage located beneath an accessory building which is otherwise permitted within a yard area, if such basement, semi-subterranean or subterranean garage is located at least five feet from any property line. (p) Access to Subterranean Garages and Basements. (1) Up to a total of fifty square feet of area in the side and rear yards may be utilized for Iightwells or stairways to below-grade areas of the main building and any accessory buildings. However, in the area bounded by Montana 13 Avenue, the northern City limits, Twenty-Sixth Street and Ocean Avenue, the side and rear yards may be utilized for lightwells or stairways to below-grade areas of the main building and any accessory building provided such excavated area is setback a minimum of ten percent of the lot width from the property line. (2) No more than three feet of excavation below grade for a driveway, stairway, doorway, lightwell, window or other such element to a subterranean or semi-subterranean garage or basement shall occur in the front yard setback area. This requirement may be modified by the Architectural Review Board for parcels with an elevation rise of five feet from the front property line to a point fjfty feet towards the interior of the site if it finds that topographic conditions necessitate that such excavation be permitted. However, in the area bounded by Montana Avenue, the northern City limits, Twenty-Sixth Street and Ocean Avenue, no excavation for a driveway, stairway, doorway, light-well, window or other such element to a subterranean or semi- subterranean garage or basement shall be permitted in the front yard setback area; and this prohibition shall not be modified by the Architectural Review Board. 14 (q) Roof Decks. Roof decks shall be set back at least three feet from the minimum sideyard setback. The height of any railings or parapets associated with such roof decks may not exceed the maximum allowable building height for the structure. SECTION 2.Santa Monica Municipal Code Section 9.04.08.02.075 IS hereby amended to read as follows: Section 9.04.08.02.075. Special project design and development standards for the North of Montana Avenue Nei~hborhood. Notwithstanding Section 9.04.10.02.180, projects in the area bounded by Montana Avenue, the northern City limits, Twenty-Sixth Street and Ocean Avenue, shall comply with the following special project design and development standards. These standards are intended to promote design flexibility, encourage the retention of existing structures that contribute to neighborhood character and pedestrian scale, and result in homes that do not impact the light, air, open space, and privacy of adjacent structures. (a) For parcels with a maximum ground floor parcel coverage of thirty-five percent, the maximum second floor parcel coverage, including the second floor of all accessory 15 buildings, shall not exceed twenty-six percent of the parcel area. Second floor parcel coverage may be increased up to a maximum of thirty percent of the parcel area if the ground floor square footage is reduced an equivalent amount. Conversely, the ground floor coverage may be increased to a maximum of forty percent if an equivalent amount is reduced on the second floor. For purposes of this subsection (a), the area in any sinqle story portion of the structure that exceeds the heiqht of the second floor elevation shall count toward second floor parcel coveraqe, except where the roofline of the single story portion does not exceed 18 feet in heiqht. (b) In computing the first floor parcel coverage for a parcel with alley access, one-half the width of a rear alley, which abuts the parcel, may be counted as a portion of the parcel area if alley access is provided and there are no curb cuts for the purpose of providing street access to on-site parking. (c) The aggregate square footage of second floor balconies, terraces or roof decks shall not exceed four hundred square feet. 16 (d) The area of any patio, balcony, roof deck or terrace open on less than two sides shall count towards parcel coverage and shall count for second floor parcel coverage if the floor line is above fourteen feet in height. (e) Any individual second floor balconies, terraces or roof decks greater than fifty square feet and located in the rear two-thirds of the parcel shall be set back twelve feet from any property line. (f) Garage doors facing the public street must be set back a minimum of five feet from the front setback line and may not exceed sixteen feet in width unless located in the rear thirty-five feet of the parcel. (g) A one-story garage attached to the primary structure with a maximum height of fourteen feet, including parapets and railings, a maximum length of twenty-five feet, and with garage doors perpendicular to the public street, shall be allowed to project up to six feet into the required front yard if no alley access exists, but may not extend closer than twenty feet to the front property line. (h) Exterior stairs and required fire escapes shall not project into the required front or side yard areas. 17 (i) Porte cocheres not more than twenty feet long, not more than fourteen feet in height including railings or parapets, and open on three sides may project into required side and rear yards. U) Balconies and porches open on at least two sides with a maximum height of fourteen feet including parapets and railings, that do not exceed fifty percent of the front building width measured at the front facade, may project up to six feet into the required front yard. Stairs less than three feet above grade may project an additional four feet into the required front yard. (k) The requirements of subsections (c), (f) and U) of this Section may be modified subject to the review and approval of the Architectural Review Board pursuant to Section 9.04.08.02.080{4{gl. SECTION 3. Section 9.04.08.02.076 IS hereby added to the Santa Monica Municipal Code Section to read as follows: Section 9.04.08.02.076. Special project design and development standards for the Sunset Park and North of Wilshire Boulevard Neighborhoods. Notwithstandinq Section 9.04.10.02.180, projects in the area bounded by Lincoln Boulevard to the west, Pico 18 Boulevard to the north, and the City boundaries to the east and south, and the area of the City bounded by Montana Avenue to the north, 22nd Street to the west, Wilshire Boulevard to the south, and the City boundary to the east, shall comply with the followinq special project desiqn and development standards. These standards are intended to promote desiqn flexibility, encouraqe the retention of existinq structures that contribute to neiqhborhood character and pedestrian scale, and result in homes that do not impact the liqht, air, open space, and privacy of adjacent structures. (a) For parcels with a maximum qround floor parcel coveraqe of thirty-five percent, the maximum second floor parcel coveraqe, includinq the second floor of all accessory buildinqs, shall not exceed twenty-six percent of the parcel area. Second floor parcel coverage may be increased up to a maximum of thirty percent of the parcel area if the qround floor square footaqe is reduced an equivalent amount. Conversely, the qround floor coveraqe may be increased to a maximum of forty percent if an equivalent amount is reduced on the second floor. For purposes of this subsection (a), the area in any single story portion of the structure that exceeds the heiqht of the second floor elevation shall count toward second floor parcel coveraqe, 19 except where the roofline of the sinqle story portion does not exceed 18 feet in heiqht. (b) Garaqe doors facinq the public street must be set back a minimum of five feet from the front setback line and may not exceed sixteen feet in width unless located in the rear thirty-five feet of the parcel. (c) A one-story qaraqe attached to the primary structure with a maximum heiqht of fourteen feet, includinq parapets and railings, a maximum lenqth of twenty-five feet, and with GaraGe doors perpendicular to the public street, shall be allowed to project up to six feet into the required front yard if no alley access exists, but may not extend closer than twenty feet to the front property line. (d) Eaves, awninGS, canopies, sunshades, sills, cornices, belt courses, trellises, arbors and similar architectural projections may extend a maximum of 18" into an interior side yard or 30" into a street side yard, provided that such projections shall not be closer than three feet to any property line. (e) Balconies and porches open on at least two sides with a maximum heiGht of fourteen feet includinG parapets and railinGs, that do not exceed fifty percent of the front 20 buildinq width measured at the front facade, may project up to six feet into the required front yard. Stairs less than three feet above qrade may project an additional four feet into the required front yard. (f) The requirements of subsections (b) and (e) of this Section may be modified subject to the review and approval of the Architectural Review Board pursuant to Section 9.04.08.02.080(q). SECTION 4. Santa Monica Municipal Code Section 9.04.~.02.080 IS hereby amended to read as follows: Section 9.04.08.02.080. Architectural review. No building or structure in the R1 District shall be subject to architectural review pursuant to the provisions of Chapter 9.32 of this Code except: (a) Properties installing roof or building-mounted parabolic antennae (only with respect to the antennae and screening); (b) Duplexes; (c) Any structure above fourteen feet in height that does not conform to the required yard step backs for structures above fourteen feet in height; 21 (d) Any structure that does not conform to the limitations on access to subterranean garages and basements; (e) Any development in the area bounded by Montana Avenue, the northern City limits, Twenty-Sixth Street and Ocean Avenue, with regard to the followir)Q conditions only: (1) Any development with an aggregate square footage of second floor balconies, terraces or roof decks which exceeds four hundred square feet. (2) Any structure with garage doors facing the public street within the front one-half of the parcel which are not setback from the building facade a minimum of five feet. (3) Any structure with balconies or porches open on at least two sides with a maximum height of fourteen feet including parapets and railings, which project into the required front yard and which exceed fifty percent of the front building width measured at the front facade. (4) Any structure with side yard setbacks that do not conform with Section 9.04.08.02.070(i){ll but which has 22 minimum setbacks for each side yard equal to ten percent of the parcel width. (f) Any development in the area bounded by Linco.ln Boulevard to the west, Pico Boulevard to the north, and the City boundaries to the east and south and the area of the City bounded by Montana Avenue to the north, 22nd Street to the west, Wilshire Boulevard to the south, and the City boundary to the east, with reqard to the followinq conditions only: (1) Any structure associated with a new residential buildinq, substantial remodel, or a 50% or qreater square foot addition to an existinq home located on a parcel with a qrade differential of 12.5 feet or more between the front and rear parcel lines. The Architectural Review Board may approve projects pursuant to this subdivision (1) of subsection (f) if the followinq findinq of fact is made: the size, mass, and placement of the proposed structure is compatible with improvements in the surroundinq neiqhborhood. No other findinqs of fact are required. (2) Any structure with qaraqe doors facinq the public street which are not set back a minimum of five feet from the front setback line. 23 (3) Any structure on a parcel that is 50 feet or more in width that does not comply with Section 9.04.08.02.070(i)(2). (4) Any structure with balconies or porches open on at least two sides with a maximum heiqht of fourteen feet includinq parapets and railinqs, which project into the required front yard and which exceed fifty percent of the front buildinq width measured at the front facade. fft{g} The Architectural Review Board may approve the design modifications set forth in Section 9.04.08.02.080(e) provided all the following findings of fact are made and may approve the desiqn modifications set forth in Section 9.04.08.02.080(f)(2)-(f)(4) provided that all of the followinq findinqs of fact, except subdivision (5) of this subsection (q), are made: (1) There are special circumstances or exceptional characteristics applicable to the property involved, including size, shape topography, surroundings, or location of the existing improvements or mature landscaping on the site. (2) The granting of the design modification will not be detrimental nor injurious to the property or improvements in the general vicinity and district in which the property is located. 24 (3) The granting of the design modification will not impair the integrity and character of this R1 neighborhood, nor impact the light, air, open space, and privacy of adjacent properties. (4) In the case of additions to buildings in the City's Historic Resources Inventory, the design modification is compatible with the building's historic architectural character, does not result in the removal of historic building features, and the addition is consistent with the Secretary of the Interior Standards for Rehabilitation. (5) The design modifications also comply with the criteria established in Section 9.32.140. Any applicant for a development subject to architectural review under these provisions shall provide certification of notice to all owners and commercial and residential tenants of property within a radius of three hundred feet from the exterior boundaries of the property involved in the application, not less than ten days in advance of Architectural Review Board consideration of the matter, which notice and certification thereof shall be in a form satisfactory to the Zoning Administrator. 25 ooili2 Any existing structure that would not comply with the minimum side yard setback of ten percent of the parcel width required by Section 9.04.08.02.070(i) due to the combination of two contiguous parcels into a single building site. The Architectural Review Board may approve a modification to the minimum side yard setback provided the following findings of fact are made: (1) Only one of the side yard setbacks for the existing structure would become non-conforming due to the combination of contiguous parcels, (2) This non-conforming side yard setback would not physically change, (3) The aggregate setback on the combined lots shall be a minimum of thirty percent of the total combined lot width. (4) The combined lot width shall not exceed one hundred twenty feet. (5) The granting of the design modification will not be detrimental nor injurious to the property or improvements in the general vicinity and district in which the property is located. 26 (6) The granting of the design modification will not impair the integrity and character of this R1 neighborhood, nor impact the light, air, open space, and privacy of adjacent properties. Will In the event the property owner seeks to re- divide a parcel created through the combination of contiguous lots after the Architectural Review Board has acted pursuant to subsection fmihl of this Section, the Architectural Review Board may approve such are-division provided the following finding of fact is made: No construction has taken place since the original combination of parcels. SECTION 5. Santa Monica Municipal Code Section 9.04.10.02.180 is hereby amended to read as follows: Section 9.04.10.02.180. Projections permitted into required yards. Except as provided in Sections 9.04.08.02.075 and 9.04.08.02.076, +!he following chart sets forth the allowances for various projections permitted into the required yards in residential, industrial, and commercial districts. Projections shall not be permitted closer than 4 feet to any property line. Projections as listed below into existing, non- 27 conforming yard areas shall be permitted only if the projection does not extend closer to the property line than would be permitted if the yard area conformed to current standards. The various types of projections and the limitations on such projections into required yards are as follows: 28 Projections Front Street Interior Rear Yard Side Yard Side Yard Yard Eaves, awnings, canopies, sun 30" 30" 18" 4' shades, sills, cornices, belt courses, trellises, arbors, and other similar architectural features Flues, chimneys, water heater 18" 18" 18" 18" enclosures, and similar vertical For structures with conforming setbacks architectural projects not more than 5' wide parallel to the side yard 12" 12" 12" 12" and that do not exceed 20% of the For structures with non-conforming setbacks fayade width Patios, porches, platforms, decks, 6' 6' No limit .6' unexcavated side yard area, and other unenclosed areas not covered by a roof or canopy and that may be raised above the level of the adjacent grade but do not extend more than 3' above the average natural grade Balconies, and stairways that are open, 30" 30" 0' 4' unenclosed on at least two sides Greenhouse windows and bay 18" 18" 18" 18" windows that are not greater than Provided the structure has a conforming setback 6' wide parallel to the side yard Required fire escapes Not 12" or 2" 4' permitted per I ' of required side yard which- ever IS greater Porte cochere not more than 20' Not permitted in front yard. long and open on three sides Permitted in side and rear yard. except for necessary structural supports and not more than 16 feet in height. Mail box canopy not more than 30" 30" 30" 4' 10' long. Recreational vehicle storage, Not permitted in front or side yard areas. central air conditioning, swimming Permitted anywhere in rear yard area. pool, spa equipment. Second floor decks, patios, or balconies, 30" 30" 30" 4' covered or uncovered, adjacent to primary living spaces in OP-Districts 29 SECTION 6. 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 7. 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 8. 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: 30 f) .- ~CitYOf Santa Moniea@ City Council Report City Council Meeting: September 12, 2006 Agenda Item: -7 C To: Mayor and City Council From: Andy Agle, Interim Director of Planning & Community Development Subject: Supplemental Report: Item 7-C (R1 District Text Amendment) Recommended Action It is recommended that the City Council receive the information contained in this report and consider the recommendations when evaluating the subject ordinance. Executive Summary This report transmits the Planning Commission's recommendation to support the staff proposed ordinance with one modification related to the discretionary review threshold for sloped properties. The Commission's recommendations are not incorporated into the draft ordinance previously transmitted to the Council, but staff will be prepared to provide implementation language at the public hearing. Discussion Backqround On September 6, 2006, the Planning Commission held a public hearing and evaluated potential text amendments to the City's Zoning Ordinance. The amendments, if 1 approved by Council, would codify interim development standards for the R1 Districts in Sunset Park and north of Wilshire Boulevard. Commission Action The Planning Commission recommends, based on the facts presented at the public hearing and the findings set forth in the September 6, 2006 staff report (http://santa- monica.oro/plannino/dev/commission/aoendas/pc2006/ps2006090611-A. htm), that the City Council adopt the proposed ordinance with recommended modifications to the criteria at which a property is subject to discretionary review. The discretionary review requirement provides an opportunity for the public to comment on a development where the parcel has a sloped topography, and thus a potential to effect neighborhood scale and character. Discretionary review is currently required for new construction on a parcel with a slope of 12.5 feet or greater between the front and rear parcels lines. The Commission recommends that the 12.5 foot criteria be replaced with a percentage that is equivalent to the existing standard. The Commission derived the percentage criteria by calculating the 12.5 foot grade change over the length of a typical 150 foot property, which approximately equals an 8.0 percent slope. The value of this approach is that it takes into consideration the length of a parcel relative to its slope and, therefore, provides a sliding scale, which could be used to determine whether a development on a property warrants public review. For instance, 2 on a property with a lot depth of 175 feet, discretionary review would be required for a grade change equal to 14.0 feet. For a 105 foot lot, a grade change of 8.4 feet between the front and rear property lines would require discretionary review. Like the 12.5 foot grade-change criterion in the interim ordinance, the percentage threshold recommended by the Commission would effectively provide a forum for the public to discuss developments that may have the potential to impact neighborhood scale and character. Recognizing that some parcels also have a significant slope across the property, the Commission recommends that a similar discretionary review criterion be established for parcels with significant slopes between the two side property lines. Parcels in the subject R1 neighborhoods are generally oriented toward the prevailing slope, and significant changes in elevation, when it occurs, are typically from the front property line to the rear property line. As a result, staff anticipates that very few, if any, properties would be affected by this proposed requirement. Prepared by: Elizabeth Bar-EI, AICP, Senior Planner Approved: 3 Council Meeting: October 23,2001 Page 1 of 46 Planning Commission Meeting: September 6, 2006 Agenda Item: 11-A To: From: Subject: Planning Commission Amanda Schachter, City Planning Division Manager Zoning Ordinance Text Amendment to modify the development standards and review processes in the Sunset Park and North of Wilshire Boulevard R1 Districts including, but not limited to, standards and review related to setbacks, stepbacks, maximum parcel coverage, second floor parcel coverage, garages and garage doors, architectural projections, balconies and porches, and architectural review of specified structures and to clarify the second floor parcel coverage standards in the R1 District north of Montana Avenue; consideration of extending these modifications to the R 1 District located north of Pico and south of Exposition Boulevards. Applicant: R1 Zoning Districts south of Pico Boulevard and between Wilshire Boulevard and Montana Avenue City of Santa Monica Address: Recommended Action It is recommended that the Planning Commission recommend that the City Council adopt the proposed text amendment. Executive Summary This report summarizes the history and standards of Interim Ordinance 2172 (CCS), which applies to certain parts of the R1 zoning district and which is due to expire on March 11, 2007. The interim ordinance requires additional setbacks, stepbacks, second floor parcel coverage, allows certain projections into yards, and contains architectural review processes in some cases to achieve more compatible development in these single-family neighborhoods. The standards that the Planning Commission will review have been in place through a series of interim ordinances first adopted by the City Council in 2003. The Council last reviewed and extended its provisions October 2005. The report recommends that these provisions be incorporated without change into the Santa Monica Municipal Code [SMMC 9.04.08.02 and SMMC 9.04.10.02.180 (Projections into Yards)] and that the ordinance clarify the second floor parcel coverage regulation as it applies to properties in these areas and in the R1 zoning district north of Montana Avenue. The report also considers but rejects the idea of extending similar standards to the R 1 neighborhood located north of Pico Boulevard and south of Exposition Boulevard. Background On February 25,2003, the City Council adopted Interim Ordinance Number 2006 (CCS), which modified development standards in the Sunset Park and North of Wilshire neighborhoods. These standards were introduced to respond to neighborhood concerns regarding increased demolition of modest homes in favor of larger single-family dwellings that were incompatible with the neighborhood's existing character. As a result, such new construction could significantly impact and drastically change the character of these neighborhoods and potentially impact light, air, and privacy for surrounding residents. The interim provisions http://santa-monica.org/planning!dev/commission/agendas/pc2006/ps200609061l- A. htm 09108/2006 Council Meeting: October 23, 2001 Page 2 of 46 adopted to reduce the allowable massing and bulk were similar but not identical to those required in the area north of Montana Avenue. On June 28, 2005, the City Council extended the interim ordinance, adding some exceptions to the regulations for narrow lots and moving the hillside parcel review process from the Zoning Administrator to the Architectural Review Board (ARB). The changes that the Council incorporated reflected input from neighborhood residents and architects with experience designing to comply with the interim standards. In October 2005, the regulations were further amended to allow open balconies and porches to project six feet into the front yard [Ordinance No. 2172 (CCS)]. Two hillside applications have been processed since the new procedures went into effect, and ARB staff has found that the process efficiently addresses the design issues that impact hillside developments and their relationships to neighboring properties. While staff is recommending that the interim standards be adopted in their current form, the proposed ordinance also clarifies a restriction related to second floor parcel coverage for R1 properties north of Montana Avenue, as well as the Sunset Park and north of Wilshire Boulevard neighborhoods. The clarification explicitly addresses large volume spaces designed as lofts, oversized entries, or other high ceiling areas. Since this volume contributes to overall building mass and scale, it is appropriate to include this volume space at or around the second floor level as second floor parcel coverage. The recommended standard requires first floor volume space that extends taller than 18 feet in height to be counted toward second floor parcel coverage. This height was selected because it is consistent with other provisions in the code related to one story building heights in the R1 district. Staff considered whether it would be advantageous to extend additional development standards to'the R1 neighborhood located north of Pico and south of Exposition Boulevard in this ordinance. However, this neighborhood has not been subject to the economic pressures that have characterized other R1 neighborhoods in the City and the factors that present a threat to the public health, safety and welfare are not clearly present in this area. Furthermore, new development standards in this area, if considered, would benefit from extensive community outreach and input from the neighborhood's residents, which as not yet occurred. Text Amendment Provisions The following provisions are proposed to be incorporated into the Code to apply in the R 1 neighborhoods generally known as "Sunset Park" and "North of Wilshire Boulevard" (the area boundaries are described in the proposed ordinance): . Maximum Parcel Coverage. Thirty-five percent except that parcels with only one-story structures not exceeding eighteen feet in height may have a maximum parcel coverage of fifty percent. . Side Yard Setback. For structures over eighteen feet in height, including all building elements except chimneys and required vents, the required amount of setback for both side yards combined as measured at any point on the parcel, shall equal thirty percent of the parcel width but in no case be greater than a total of forty-five feet. The minimum setback for each side yard shall also be equal to ten percent of the parcel width, or a minimum of three feet, six inches whichever is greater. This subsection shall not apply under any of the following circumstances: (1) New structures on parcels that are 45 feet or less in parcel width. http://santa-monica.org/planning/dev/commission/agendas/pc2006/ps2006090611-A.htm 09/08/2006 Council Meeting: October 23, 2001 Page 3 of 46 (2) Additions to existing structures that do not constitute a substantial remodel on parcels that are less than 50 feet in parcel width. (3) Any development on parcels that are less than 5,000 square feet in parcel area. . Second Floor Parcel Coverage. For parcels with a maximum ground floor parcel coverage of 35 percent, the maximum second floor parcel coverage, including the second floor of all accessory buildings, shall not exceed 26 percent of the parcel area. Second floor parcel coverage may be increased up to a maximum of 30 percent of the parcel area if the ground floor square footage is reduced an equivalent amount. Conversely, the ground floor coverage may be increased to a maximum of 40 percent if an equivalent amount is reduced on the second floor. Note: The following language would clarify this calculation for all R1 properties located in Sunset Park, north of Wilshire Boulevard and north of Montana Avenue): For the purposes of this section, the area in any single story portion of the structure that exceeds the height of the second floor elevation shall count toward second floor parcel coverage, except where the roofline of the single story portion does not exceed 18 feet in height. . Garage Doors. Garage doors facing the public street must be set back a minimum of 5 feet from the front setback line and may not exceed 16 feet in width unless located in the rear 35 feet of the parcel. . One-story garage. A one-story garage attached to the primary structure with a maximum height of 14 feet, including parapets and railings, a maximum length of 25 feet, and with garage doors perpendicular to the public street, shall be allowed to project up to 6 feet into the required front yard if no alley access exists, but may not extend closer than 20 feet to the front property line. . Architectural Projections into Side Yards. Eaves, awnings, canopies, sunshades, sills, cornices, belt courses, trellises, arbors and other similar architectural projections may extend a maximum of 18" into an interior side yard or 30" into a street side yard, provided that such projections shall not be closer than three feet to any property line. . Balconies and Porches. Balconies and porches open on at least two sides with a maximum height of fourteen feet including parapets and railings that do not exceed fifty percent of the front building width measured at the front facade, may project up to six feet into the required front yard. Stairs less than three feet above grade may project an additional four feet into the required front yard. . Architectural Review. No building or structure shall be subject to architectural review pursuant to the provisions of Chapter 9.32 of the Santa Monica Municipal Code except: . Any structure associated with a new building, substantial remodel, or a 50% or greater square foot addition to an existing home located on a parcel with a grade differential of 12.5 feet or more between the front and rear parcel lines. The Architectural Review Board may approve projects pursuant to this subsection if the following finding of fact is made: the size, mass, and placement of the proposed structure are compatible with improvements in the surrounding neighborhood. No other findings of fact are required. . Any structure with garage doors facing the public street which are not set back a minimum of five feet from the front setback line. . Any structure on a parcel that is 50 feet or more in width that does not comply with the required 30% total side yard setback. http://santa-monica.org/planningldev/commission/agendas/pc2006/ps2006090611-A.htm 09/08/2006 Council Meeting: October 23,2001 Page 4 of 46 . Any structure with balconies or porches open on at least two sides with a maximum height of fourteen feet including parapets and railings, which project into the required front yard and which exceed fifty percent of the front building width measured at the front fayade. General Plan Consistency The proposed amendments are consistent in principle with the goals, objectives, policies, land uses and programs specified in the adopted General Plan, more specifically Land Use Element 1.10.1 which is to "encourage the development of new housing while still protecting the character and scale of the existing neighborhood," Housing Element Policy 1.3 which states establish and maintain development standards that support development while protecting quality of life goals, and Housing Element Policy 1.7 which states that the City should maintain development standards that ensure that the development of new housing in residential neighborhoods is designed to fit within the existing neighborhood contexts. Additionally, the public health, safety and general welfare require the adoption of the proposed amendment in that if the current development standards are not modified, additional housing would be developed that could severely impact existing residences, would be incompatible with the existing neighborhood scale and character and would be contrary to the neighborhood's historic development patterns, and in that the proposed amendment will set development standards that will ensure that adequate light, air, privacy, and open space is provided for each dwelling, that new development is compatible with the North of Wilshire Boulevard and Sunset Park neighborhoods, and the character of these neighborhoods is maintained. CEQA Compliance The City's actions to modify the development standards and review processes in the R1 Sunset Park and North of Wilshire Neighborhoods are legislative actions subject to the requirements of the California Environmental Quality Act (CEQA). In accordance with CEQA Guidelines Sections 15060-15061, staff conducted a preliminary review and determined that this project is exempt from CEQA on the following grounds: The proposed ordinance is exempt pursuant to CEQA Section 15061 (b)(3) in that it can be seen with certainty that the proposed ordinance does not have the potential to significantly impact the environment in that the amendments establish additional development standard limitations that would regulate the size and scale of development, including but not limited to, standards related to setbacks, stepbacks, maximum parcel coverage, and second floor parcel coverage. The proposed ordinance serves to further protect the environment by ensuring that development projects are designed to be compatible with the surrounding neighborhood by creating more open space, improving aesthetics, and adjusting massing. In addition, as individual projects that require discretionary review under the proposal are submitted, they will be individually reviewed pursuant to CEQA. If it is determined that a project has the potential to cause a direct physical change to the environment, additional analysis will be completed in accordance with CEQA. The proposed ordinance is also exempt pursuant to CEQA Section 15305(a) in that the project involves minor alterations to land use limitations, the density or allowed land uses do not change, and the average slope of the area subject to the change is less than 20%. As http://santa-monica.org/planning/dev/commission/agendas/pc2006/ps2006090611-A.htm 09/08/2006 Council Meeting: October 23, 2001 Page 5 of 46 detailed above, the proposed ordinance establishes additional development standards that constitute minor alterations to land use limitations that further regulate the size and scale of development. Conclusion The interim Code provisions, as revised in October 2005 following two years of implementation experience, help to ensure that future development is compatible with existing neighborhood scale and character and the neighborhood's historic development pattern. It is recommended that the Planning Commission recommend that the City Council incorporate these standards in their current form into the Municipal Code before the expiration of the interim ordinance and clarify the second floor parcel coverage to improve implementation of the regulation. Prepared by: Elizabeth Bar-EI, AICP, Senior Planner Attachments A. Draft language for proposed ordinance B. Interim Ordinance No. 2172 (CCS) C. Current R1 Standards (SMMC 9.04.08.02) and Projections into Yards (SMMC 9.04.10.02.180 D. Public Notice ATTACHMENT A - Santa Monica Municipal Code Section 9.04.08.02.070 would be amended as follows: Section 9.04.08.02.070. Property development standards. All property in the R 1 District shall be developed in accordance with the following standards: (a) Maximum Building Height. (1) Two stories, not to exceed twenty-eight feet, which includes all building elements except chimneys and required vents; (2) On lots of more than twenty thousand square feet with http://santa-monica.org/planning/dev/commissionlagendas/pc2006/ps2006090611-A.htm 09/0812006 Council Meeting: October 23,2001 a minimum front parcel line dimension of two hundred feet, the height shall not exceed thirty-five feet for a pitched roof or twenty-eight feet for other types of roofs. (3) On lots of less than twenty-thousand square feet in the area bounded by Montana Avenue, the northern City limits, Twenty- Sixth Street and Ocean Avenue, the maximum building height shall be thirty-two feet, except that for a parcel with greater than thirty- five percent parcel coverage, the maximum building height shall be one story, not to exceed eighteen feet, which includes all building elements except chimneys and required vents. (b) Maximum Unit Density. One dwelling unit per parcel, except where a use permit has been approved for a duplex as permitted by Section 9.04.08.02.040(a). (c) Minimum Lot Size. Five thousand square feet. Each parcel shall contain a minimum depth of one hundred feet and a minimum width of fifty feet except for parcels bounded by the center lines of First Court Alley to the west, Seventh Street to the east, Montana Place North Alley to the south, and Adelaide Drive to the north, which shall contain a minimum width of one hundred feet and a minimum depth of one hundred seventy-five feet. Any parcel existing on the effective date of this Chapter shall not be subject to this requirement. (d) Maximum Parcel Coverage. Forty porooAt m<oopt that paroolo bOt.....OCA throo tnouGand ono and fi'/o thouoand oquar-o foot may ha'/o a parcel OO'lOHlgO of fifty poroont, and paroola of thrcc thoueand aE\uOfo foot or smallor may ~a'io a l3an:ml eo"'ora~o Qf http://santa-monica.org/planning/dev/commission/agendas/pc2006/ps2006090611-A.htm Page 6 of 46 09/08/2006 Council Meeting: October 23, 2001 oixty pcrecAt, ho':.'c'Jcr, iA tAo orca bouAdcd by MontanEl I\vcnuc, tho northorn City limite, T':.oAty 8bctt.! 8tmot (md OsoaA AVOAblO, mmdfflblffl 19arsol oovora@o ehalll90 Hhirty-five percent except that parcels with only one-story structures not exceeding eighteen feet in height may have a maximum parcel coverage of fifty percent, however, in the area bounded by Stewart Avenue, Exposition Boulevard, Centinela Avenue, and Pico Boulevard, maximum parcel coverage shall be forty percent except that parcels between three thousand one and five thousand square feet may have a parcel coverage of fifty percent, and parcels of three thousand square feet or smaller may have a parcel coverage of sixty percent. (e) Front Yard Setback. As shown on the Official Districting Map of the City, or, if no setback is specified, twenty feet. (f) Additional Front Stepback Above Fourteen Feet in Height. For new structures or additions to existing structures, any portion of the front building elevation above fourteen feet exceeding seventy-five percent of the maximum buildable front elevation shall be stepped back from the frent setback line an additional average amount equal to four percent of parcel depth, but in no case resulting in a required stepback greater than ten feet. However, in the area bounded by Montana Avenue, the northern City limits, Twenty-Sixth Street and Ocean Avenue, the stepback shall be as follows: any portion of the front building elevation above fourteen feet exceeding seventy percent of the maximum buildable front elevation shall be stepped back from the front setback line an additional average amount equal to eight percent of parcel depth, http://santa-monica.org!planning!dev/commissionlagendas/pc2006/ps2006090611- A.htm Page 7 of 46 09/08/2006 Council Meeting: October 23,2001 but in no case resulting in a required stepback greater than twelve feet. As used in this Chapter, "maximum buildable elevation" shall mean the maximum potential length of the elevation permitted under these regulations, which includes parcel width or length (as applicable), minus required minimum setback. (g) Rear Yard Setback. Twenty-five feet. (h) Additional Rear Stepback Above Fourteen Feet in Height. For new structures or additions to existing structures, any portion of the rear building elevation above fourteen feet exceeding seventy-five percent of the maximum buildable rear elevation shall be stepped back from the rear setback line an additional average amount equal to four percent of parcel depth, but in no case resulting in a required stepback greater than ten feet. However, in the area bounded by Montana Avenue, the northern City limits, Twenty-Sixth Street and Ocean Avenue, the stepback shall be as follows: the entire rear building elevation above fourteen feet shall be stepped back an amount equal to thirty percent of the lot depth, but no greater than forty feet from the rear property line. (i) Side Yard Setback. (1) Except as otherwise provided in this subsection (i), +ten percent of the parcel width or a minimum of three feet six inches, whichever is greater, but in no case greater than fifteen feet. (2) Howo'Ior, ill tho orca ~oulldcd by Montalla /\vonuo, tho northorn City Iimito, Twonty ~i)(th ~troot eJlls 000011 ,^:IOf'lClO, JFor structures over http://santa-monica.org/planning/dev/commission/agendas/pc2006/ps2006090611-A.htm Page 8 of 46 09/08/2006 Council Meeting: October 23,2001 eighteen feet in height, including all building elements except chimneys and required vents, the required amount of setback for both side yards combined as measured at any point on the parcel, shall equal thirty percent of the parcel width but in no case be greater than a total of forty-five feet. The minimum setback for each side yard shall also be equal to ten percent of the parcel width, or a minimum of three feet, six inches whichever is greater. (See also Section 9.04.10.02.190.) (3) Subdivision (2) of this subsection (i) shall not apply in the area bounded by Stewart Street, Exposition Boulevard, Centinela Avenue, and Pico Boulevard, (4) Subdivision (2) of this subsection (i) shall also not apply in the following circumstances to parcels in the area bounded by Lincoln Boulevard to the west, Pico Boulevard to the north, and the City boundaries to the east and south and in the area bounded by Montana Avenue to the north, 22nd Street to the west, Wilshire Boulevard to the south and the City boundary to the east: (A) New structures on parcels that are 45 feet or less in parcel width. (B) Additions to existing structures that do not constitute a substantial remodel on parcels that are less than 50 feet in parcel width. (C) Any development on parcels that are less than 5,000 square feet in parcel area. (D) If modified by the Architectural Review Board in accordance with Section 9.04.08.02.080(f)(3) and (g). U) Additional Side Stepbacks Above Fourteen Feet in http://santa-monica.org/planning/dev/commission/agendas/pc2006/ps2006090611-A.htm Page 9 of 46 09/08/2006 Council Meeting: October 23,2001 Height. For new structures or additions to existing structures, any portion of the side building elevation above fourteen feet exceeding fifty percent of the maximum buildable side elevation shall be stepped back from the side setback line an additional one foot for every two feet four inches above fourteen feet of building height to a maximum height ot twenty-one feet. (k) Additional Side Stepback Above Twenty-One Feet in Height. No portion of the building, except permitted projections, shall intersect a plane commencing twenty-one feet in height at the minimum sideyard setback and extending at an angle of forty-five degrees from the vertical toward the interior of the site. However, in the area bounded by Montana Avenue, the northern City limits, Twenty-Sixth Street and Ocean Avenue, no portion of the building, except permitted projections, shall intersect a plane commencing twenty-one feet in height at the minimum sideyard setback and extending at an angle of thirty degrees from the horizontal toward the interior of the site. (I) Front Yard Paving. No more than fifty percent of the required front yard area including driveways shall be paved, except that lots with a width of twenty-five feet or less may have up to sixty percent of the required front yard area paved. However, in the area bounded by Montana Avenue, the northern City limits, Twenty-Sixth Street and Ocean Avenue, no more than forty percent of the required front yard area shall be paved, including driveways, except that lots with a width of twenty-five feet or less may have up to sixty percent of the required front yard area paved. (m) Modifications to Stepbacks Above Fourteen Feet in http://santa-monica.org!planning!dev/commission/agendas/pc2006/ps2006090611- A .htm Page 1 0 of 46 09108/2006 Council Meeting: October 23, 2001 Height. The stepback requirements of subsections (f), (h), 0), and (k) of this Section may be modified subject to the review and approval of the Architectural Review Board if the Board finds that the modification will not be detrimental to the property, adjoining properties or the general area in which the property is located, and the objectives of the step back requirements are satisfied by the provision of alternative stepbacks or other building features which reduce effective mass to a degree comparable, to the relevant standard requirement. (n) Driveways. No more than one driveway per parcel to a public street shall be permitted on parcels less than one hundred feet in width. (0) Basements and Subterranean Garages. No basement or subterranean garage shall extend into any required yard setback area, except for any basement or garage located beneath an accessory building which is otherwise permitted within a yard area, if such basement, semi-subterranean or subterranean garage is located at least five feet from any property line. (p) Access to Subterranean Garages and Basements. (1) Up to a total of fifty square feet of area in the side and rear yards may be utilized for lightwells or stairways to below-grade areas of the main building and any accessory buildings. However, in the area bounded by Montana Avenue, the northern City limits, Twenty-Sixth Street and Ocean Avenue, the side and rear yards may be utilized for lightwells or stairways to below-grade areas of the main building and any accessory building provided such http://santa-monica.org/planning!dev/commission/agendas/pc2006/ps2006090611- A.htm Page 11 of 46 09108/2006 Council Meeting: October 23, 2001 excavated area is setback a minimum of ten percent of the lot width from the property line. (2) No more than three feet of excavation below grade for a driveway, stairway, doorway, lightwell, window or other such element to a subterranean or semi-subterranean garage or basement shall occur in the front yard setback area. This requirement may be modified by the Architectural Review Board for parcels with an elevation rise of five feet from the front property line to a point fifty feet towards the interior of the site if it finds that topographic conditions necessitate that such excavation be permitted. However, in the area bounded by Montana Avenue, the northern City limits, Twenty-Sixth Street .and Ocean Avenue, no excavation for a driveway, stairway, doorway, light-well, window or other such element to a subterranean or semi-subterranean garage or basement shall be permitted in the front yard setback area; and this prohibition shall not be modified by the Architectural Review Board. (q) Roof Decks. Roof decks shall be set back at least three feet from the minimum sideyard setback. The height of any railings or parapets associated with such roof decks may not exceed the maximum allowable building height for the structure. Page 12 of 46 Santa Monica Municipal Code Section 9.04.08.02.075 would be amended as follows: Section 9.04.08.02.075. Special project design and development standards for the North of Montana Avenue Neighborhood. http://santa-monica.org/planning!dev/commission/agendas/pc2006/ps2006090611- A .htm 09/08/2006 Council Meeting: October 23,2001 Notwithstanding Section 9.04.10.02.180, projects in the area bounded by Montana Avenue, the northern City limits, Twenty-Sixth Street and Ocean Avenue, shall comply with the following special project design and development standards. These standards are intended to promote design flexibility, encourage the retention of existing structures that contribute to neighborhood character and pedestrian scale, and result in homes that do not impact the light, air, open space, and privacy of adjacent structures. (a) For parcels with a maximum ground floor parcel coverage of thirty-five percent, the maximum second floor parcel coverage, including the second floor of all accessory buildings, shall not exceed twenty-six percent of the parcel area. Second floor parcel coverage may be increased up to a maximum of thirty percent of the parcel area if the ground floor square footage is reduced an equivalent amount. Conversely, the ground floor coverage may be increased to a maximum of forty percent if an equivalent amount is reduced on the second floor. For purposes of this subsection (a), the area in any single story portion of the structure that exceeds the height of the second floor elevation shall count toward second floor parcel coverage, except where the roofline of the single story portion does not exceed 18 feet in height. (b) In computing the first floor parcel coverage for a parcel with alley access, one-half the width of a rear alley, which abuts the parcel, may be counted as a portion of the parcel area if alley access is provided and there are no curb cuts for the purpose of providing street access to on-site parking. http://santa-monica.org/planning/dev/commission/agendas/pc2006/ps2006090611-A.htm Page 13 of 46 09108/2006 Council Meeting: October 23,2001 (c) The aggregate square footage of second floor balconies, terraces or roof decks shall not exceed four hundred square feet. (d) The area of any patio, balcony, roof deck or terrace open on less than two sides shall count towards parcel coverage and shall count for second floor parcel coverage if the floor line is above fourteen feet in height. (e) Any individual second floor balconies, terraces or roof decks greater than fifty square feet and located in the rear two- thirds of the parcel shall be set back twelve feet from any property line. (f) Garage doors facing the public street must be set back a minimum of five feet from the front setback line and may not exceed sixteen feet in width unless located in the rear thirty-five feet of the parcel. (g) A one-story garage attached to the primary structure with a maximum height of fourteen feet, including parapets and railings, a maximum length of twenty-five feet, and with garage doors perpendicular to the public street, shall be allowed to project up to six feet into the required front yard if no alley access exists, but may not extend closer than twenty feet to the front property line. (h) Exterior stairs and required fire escapes shall not project into the required front or side yard areas. (i) Porte cocheres not more than twenty feet long, not more than fourteen feet in height including railings or parapets, and http://santa-monica.org/planning/dev/commission/agendas/pc2006/ps2006090611-A.htm Page 14 of 46 09/08/2006 Council Meeting: October 23,2001 open on three sides may project into required side and rear yards. U) Balconies and porches open on at least two sides with a maximum height of fourteen feet including parapets and railings, that do not exceed fifty percent of the front building width measured at the front facade, may project up to six feet into the required front yard. Stairs less than three feet above grade may project an additional four feet into the required front yard. (k) The requirements of subsections (c), (f) and U) of this Section may be modified subject to the review and approval of the Architectural Review Board pursuant to Section 9.04.08.02.080ff1 (g). Page 15 of 46 Section 9.04.08.02.076 would be added to the Santa Monica Municipal Code Section as follows: Section 9.04.08.02.076. Special project design and development standards for the Sunset Park and North of Wilshire Boulevard Neighborhoods. Notwithstanding Section 9.04.10.02.180, projects in the area bounded by Lincoln Boulevard to the west, Pico Boulevard to the north, and the City boundaries to the east and south, and the area of the City bounded by Montana Avenue to the north, 22nd Street to the west, Wilshire Boulevard to the south, and the City boundary to the east, shall comply with the following special project design and development standards. These standards are intended to promote design flexibility, encourage the retention of existing structures that http://santa-monica.org/planningldev/commissionlagendas/pc2006/ps2006090611- A.htm 09/08/2006 Council Meeting: October 23, 2001 contribute to neighborhood character and pedestrian scale, and result in homes that do not impact the light, air, open space, and privacy of adjacent structures. (a) For parcels with a maximum ground floor parcel coverage of thirty-five percent, the maximum second floor parcel coverage, including the second floor of all accessory buildings, shall not exceed twenty-six percent of the parcel area. Second floor parcel coverage may be increased up to a maximum of thirty percent of the parcel area if the ground floor square footage is reduced an equivalent amount. Conversely, the ground floor coverage may be increased to a maximum of forty percent if an equivalent amount is reduced on the second floor. For purposes of this subsection (a), the area in any single story portion of the structure that exceeds the height of the second floor elevation shall count toward second floor parcel coverage, except where the roofline of the single story portion does not exceed 18 feet in height. (b) Garage doors facing the public street must be set back a minimum of five feet from the front setback line and may not exceed sixteen feet in width unless located in the rear thirty-five feet of the parcel. (c) A one-story garage attached to the primary structure with a maximum height of fourteen feet, including parapets and railings, a maximum length of twenty-five feet, and with garage doors perpendicular to the public street, shall be allowed to project up to six feet into the required front yard if no alley access exists, but may not extend closer than twenty feet to the front property line. http://santa-monica.org/planningldev/commissionlagendas/pc2006/ps2006090611-A.htm Page 16 of 46 09/08/2006 Council Meeting: October 23,2001 (d) Eaves, awnings, canopies, sunshades, sills, cornices, belt courses, trellises, arbors and similar architectural projections may extend a maximum of 18" into an interior side yard or 30" into a street side yard, provided that such projections shall not be closer than three feet to any property line. (e) Balconies and porches open on at least two sides with a maximum height of fourteen feet including parapets and railings, that do not exceed fifty percent of the front building width measured at the front facade, may project up to six feet into the required front yard. Stairs less than three feet above grade may project an additional four feet into the required front yard. (f) The requirements of subsections (b) and (e) of this Section may be modified subject to the review and approval of the Architectural Review Board pursuant to Section 9.04.08.02.080(g). Page 17 of 46 Santa Monica Municipal Code Section 9.04.10.02.080 would be amended as follows: Section 9.04.08.02.080. Architectural review. No building or structure in the R1 District shall be subject to architectural review pursuant to the provisions of Chapter 9.32 of this Code except: (a) Properties installing roof or building-mounted parabolic antennae (only with respect to the antennae and screening); (b) Duplexes; (c) Any structure above fourteen feet in height that does not conform to the required yard step backs for structures above http://santa-monica.org/planning!dev/commissionlagendas/pc2006/ps2006090611- A.htm 0910812006 Council Meeting: October 23,2001 fourteen feet in height; (d) Any structure that does not conform to the limitations on access to subterranean garages and basements; (e) Any development in the area bounded by Montana Avenue, the northern City limits, Twenty-Sixth Street and Ocean Avenue, with regard to the following conditions only: (1) Any development with an aggregate square footage of second floor balconies, terraces or roof decks which exceeds four hundred square feet. (2) Any structure with garage doors facing the public street within the front one-half of the parcel which are not setback from the building facade a minimum of five feet. (3) Any structure with balconies or porches open on at least two sides with a maximum height of fourteen feet including parapets and railings, which project into the required front yard and which exceed fifty percent of the front building width measured at the front facade. (4) Any structure with side yard setbacks that do not conform with Section 9.04.08.02.070(i)(2) but which has minimum setbacks for each side yard equal to ten percent of the parcel width. (f) Any development in the area bounded by Lincoln Boulevard to the west, Pico Boulevard to the north, and the City boundaries to the east and south and the area of the City bounded by Montana Avenue to the north, 22nd Street to the west, Wilshire Boulevard to the south, and the City boundary to the east, with regard to the following http://santa-monica.org/planning/dev/commission/agendas/pc2006/ps2006090611- A.htm Page 18 of 46 09108/2006 Council Meeting: October 23,2001 conditions only: (1) Any structure associated with a new residential building, substantial remodel, or a 50% or greater square foot addition to an existing home located on a parcel with a grade differential of 12.5 feet or more between the front and rear parcel lines. The Architectural Review Board may approve projects pursuant to this subdivision (1) of subsection (f) if the following finding of fact is made: the size, mass, and placement of the proposed structure is compatible with improvements in the surrounding neighborhood. No other findings of fact are required. (2) Any structure with garage doors facing the public street which are not set back a minimum of five feet from the front setback line. (3) Any structure on a parcel that is 50 feet or more in width that does not comply with Section 9.04.08.02.070(i)(2). (4) Any structure with balconies or porches open on at least two sides with a maximum height of fourteen feet including parapets and railings, which project into the required front yard and which exceed fifty percent of the front building width measured at the front fagade. ~(g) The Architectural Review Board may approve the design modifications set forth in Section 9.04.08.02.080(e) provided all the following findings of fact are made and may approve the design modifications set forth in Section 9.04.08.02.080(f)(2)-(f)(4) provided that all of the following findings of fact, except subdivision (5) of this subsection (g), are made: (1) There are special circumstances or exceptional http://santa-monica.org/planning/dev/commission/agendas/pc2006/ps2006090611- A.htm Page 1 9 of 46 0910812006 Council Meeting: October 23,2001 characteristics applicable to the property involved, including size, shape topography, surroundings, or location of the existing improvements or mature landscaping on the site. (2) The granting of the design modification will not be detrimental nor injurious to the property or improvements in the general vicinity and district in which the property is located. (3) The granting of the design modification will not impair the integrity and character of this R1 neighborhood, nor impact the light, air, open space, and privacy of adjacent properties. (4) In the case of additions to buildings in the City's Historic Resources Inventory, the design modification is compatible with the building's historic architectural character, does not result in the removal of historic building features, and the addition is consistent with the Secretary of the Interior Standards for Rehabilitation. (5) The design modifications also comply with the criteria established in Section 9.32.140. Any applicant for a development subject to architectural review under these provisions shall provide certification of notice to all owners and commercial and residential tenants of property within a radius of three hundred feet from the exterior boundaries of the property involved in the application, not less than ten days in advance of Architectural Review Board consideration of the matter, which notice and certification thereof shall be in a form satisfactory to the Zoning Administrator. ffi-t(h) Any existing structure that would not comply with the http://santa-monica.org/planning/dev/commissionlagendas/pc2006/ps2006090611-A.htm Page 20 of 46 09/0812006 Council Meeting: October 23, 2001 minimum side yard setback of ten percent of the parcel width required by Section 9.04.08.02.070(i) due to the combination of two contiguous parcels into a single building site. The Architectural Review Board may approve a modification to the minimum side yard setback provided the following findings of fact are made: (1) Only one of the side yard setbacks for the existing structure would become non-conforming due to the combination of contiguous parcels, (2) This non-conforming side yard setback would not physically change, (3) The aggregate setback on the combined lots shall be a minimum of thirty percent of the total combined lot width. (4) The combined lot width shall not exceed one hundred twenty feet. (5) The granting of the design modification will not be detrimental nor injurious to the property or improvements in the general vicinity and district in which the property is located. (6) The granting of the design modification will not impair the integrity and character of this R1 neighborhood, nor impact the light, air, open space, and privacy of adjacent properties. fA-Hi) In the event the property owner seeks to re-divide a parcel created through the combination of contiguous lots after the Architectural Review Board has acted pursuant to subsection ffit(h) of this Section, the Architectural Review Board may approve such a re-division provided the following finding of fact is made: http://santa-monica.org/planning!dev/commission/agendas/pc2006/ps2006090611- A .htm Page 21 of 46 09/08/2006 Council Meeting: October 23,2001 No construction has taken place since the original combination of parcels. Page 22 of 46 Santa Monica Municipal Code Section 9.04.10.02.180 would be amended as follows: Section 9.04.10.02.180. Projections permitted into required yards. Except as provided in Sections 9.04.08.02.075 and 9.04.08.02.076, =l=the following chart sets forth the allowances for various projections permitted into the required yards in residential, industrial, and commercial districts. Projections shall not be permitted closer than 4 feet to any property line. Projections as listed below into existing, non-conforming yard areas shall be permitted only if the projection does not extend closer to the property line than would be permitted if the yard area conformed to current standards. The various types of projections and the limitations on such projections into required yards are as follows: http://santa-monica.org/planning/dev/commission/agendas/pc2006/ps2006090611-A.htm 09/0812006 Council Meeting: October 23,2001 Page 23 of 46 Front Interior Rear Street http://santa-monica.orglplanningldev/commissionlagendas/pc2006/ps2006090611- A.htm 09/08/2006 Council Meeting: October 23, 2001 Projections Eaves, awnings, canopies, sun shades, sills, cornices, belt courses, trellises, arbors, and other similar architectural features Flues, chimneys, water heater enclosures, and similar vertical architectural projects not more than 5' wide parallel to the side yard and that do not exceed 20% of the fayade width Patios, porches, platforms, decks, 6' unexcavated side yard area, and other unenclosed areas not covered by a roof or canopy and that may be raised above the level of the adjacent grade but do not extend more than 3' above the average natural grade Page 24 of 46 Yard Side Yard Side Yard Yard 30" 30" 18" 4' 18" 18" 18" For structures with conforming setbacks 18" 12" 12" 12" For structures with non-conforming setbacks 12" 6' No limit 6' Balconies, and stairways that are open, 30" unenclosed on at least two sides Greenhouse windows and bay windows that are not greater than 6' wide parallel to the side yard Required fire escapes 30" 0' 4' 18" 18" 18" 18" Provided the structure has a conforming setback Not permitted 12" or 2" per 4' l' of required side yard which- ever is greater Porte cochere not more than 20' long and open on three sides except for necessary structural supports and not more than 16 feet in height. Mail box canopy not more than 10' long. Recreational vehicle storage, central air conditioning, swimming pool, spa equipment. Second floor decks, patios, or balconies, covered or uncovered, adjacent to primary living spaces in OP-Districts City Council Meeting 10-25--05 Not permitted in front yard. Permitted in side and rear yard. 30" 30" 30" 4' Not permitted in front or side yard areas. Permitted anywhere in rear yard area. 30" 30" 4' 30" ATTACHMENT B Santa Monica, California ORDINANCE NUMBER 2172 (CCS) http://santa-monica.org/planning!dev/commissionlagendas/pc2006/ps2006090611- A. htm 09/08/2006 Council Meeting: October 23,2001 Page 25 of 46 (City Council Series) AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA EXTENDING AND ADJUSTING THE MODIFICATIONS TO THE DEVELOPMENT STANDARDS FOR PARCELS IN THE R-1 DISTRICTS LOCATED IN THE SUNSET PARK AND NORTH OF WILSHIRE NEIGHBORHOODS THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Findings and Purpose. The City Council finds and declares: (a) The R1 Single Family area of the City bounded by Lincoln Boulevard to the west, Pico Boulevard to the north, and the City boundaries to the east and south, commonly referred to as the Sunset Park Neighborhood and the area of the City bounded by Montana Avenue to the north, 22nd Street to the west, Wilshire Boulevard to the south, and the City boundary to the east, commonly referred to as the North of Wilshire Neighborhood contain a mix of modest, older, single story and two story homes. (b) The development standards established by the City's Zoning Ordinance authorize the construction of housing dramatically different from the existing scale and character of these neighborhoods thereby significantly impacting existing residences in terms of access to light and air, privacy, and the overall amount of open space. (c) Within the past several years, real estate values in the Sunset Park and North of Wilshire neighborhoods have risen dramatically, with year over year increases exceeding twenty percent. (d) At the same time, and continuing into the present, interest rates have remained very low. (e) These economic realities have fueled an active real estate market in which buyers seek to acquire property in the Sunset Park and North of Wilshire neighborhoods with the intent of demolishing existing homes and building new residences. http://santa-monica.org/planning/dev/commissionlagendas/pc2006/ps2006090611-A.htm 09/08/2006 Council Meeting: October 23,2001 Page 26 of 46 (f) Over the past number of years, the Sunset Park neighborhood and the North of Wilshire neighborhood have experienced substantial redevelopment of homes. (g) If new houses are developed to the maximum size authorized by current zoning, they could reach approximately 5,000 square feet in size. These structures could also contain lofts and mezzanines between the first and second floors and between the second floor and the roof which would create the appearance of a three story structure. Because of the combined height and massing of these houses, they would tower over and dwarf the existing adjacent houses and would be wholly at odds with the existing scale and character of the neighborhood. These homes could be built without any discretionary review. (h) The full build-out of these lots would substantially reduce the overall amount of open space in the neighborhood and have a significant detrimental impact on adjacent neighbors' access to light, air, and privacy. (i) If current development standards are permitted to continue, housing could be developed which would severely impact existing residences, would be incompatible with the existing neighborhood's scale and character, and would be contrary to the neighborhood's historic development pattern. If urgent action is not taken, irreversible development activity would occur. U) As detailed above, the potential for development under the currently specified standards poses a current and immediate threat to the public health, safety, and welfare of the residents, and the approval of permits for such development would result in a threat to the public health, safety, and welfare. (k) For these reasons, the Zoning Ordinance requires review and revision as it pertains to the appropriate development standards in the R 1 Districts in the Sunset Park and North of Wilshire neighborhoods. (I) Pending completion of this review and revision, which will occur as part of the Land Use Element/Zoning Ordinance update, in order to protect the public health, safety and welfare, it is necessary on an interim basis to change current develop standards including, http://santa-monica.org/planning!dev/commissionlagendas/pc2006/ps2006090611- A.htm 09/08/2006 Council Meeting: October 23, 2001 Page 27 of 46 setbacks, stepbacks, and parcel coverage, to ensure that adequate light, air, privacy, and open space is provided for each dwelling, that the construction is compatible and integrates with the Sunset Park and North of Wilshire neighborhoods, and that the character of the neighborhoods are not irreversibly damaged. http://santa-monica.org!planning!dev/commissionlagendas/pc2006/ps2006090611-A.htm 09/08/2006 Council Meeting: October 23, 2001 Page 28 of 46 (m) In light of the above-mentioned concerns, the City Council adopted Ordinance Number 2066 (CCS) modifying the development standards in the Sunset Park and North of Wilshire neighborhoods on February 25, 2003, and extended its provisions by adopting Ordinance Number 2067 (CCS) on March 11, 2003, Ordinance Number 2156 (CCS) on March 22,2005, and Ordinance Number 2160 (CCS) on June 28,2005. That ordinance will expire on March 11,2007, unless extended. (n) In adopting Ordinance Number 2160 (CCS), the City Council directed staff to return with a revised ordinance for its consideration that would authorize staff review of single family developments on parcels with a slope of 12.5 feet or greater instead of the current process which requires initial review by the Architectural Review Board. (0) This interim ordinance only adjusts the development standards to allow covered porches in the front yard area. (p) As described above, the City Council finds that an extension of this interim ordinance is necessary because there exists a current and immediate threat to the public safety, health, and welfare should the interim ordinance not be adopted and should development inconsistent with the contemplated revisions to the development standards to the R1 districts in the Sunset Park and North of Wilshire neighborhoods be allowed to occur. Approval of additional development inconsistent with the following proposed interim standards would result in a threat to public health, safety, or welfare. Consequently, this ordinance, consistent with Ordinance 2160 (CCS) extends Ordinance Numbers 2066 (CCS), 2067 (CCS), and 2156 (CCS) up to and including March 11, 2007, establishing on an interim basis the following development standards for the R1 districts in the Sunset Park and North of Wilshire neighborhoods with minor adjustments to the prior interim provisions to address inadvertent development hardships. This extension will allow sufficient time for a comprehensive planning process to revise these development standards on a permanent basis in conjunction with the Land Use Element/Zoning Ordinance update. SECTION 2. Interim Zoning http://santa-monica.org/planning!dev/commissionlagendas/pc2006/ps2006090611- A .htm 09/08/2006 Council Meeting: October 23, 2001 Page 29 of 46 City staff is directed to disapprove all building permit applications filed after February 24, 2003, and all applications for variances or other discretionary approvals which are deemed complete after February 24, 2003, for any residential development in the R1 Districts located in the Sunset Park and North of Wilshire Neighborhoods, as delineated in subsection (a) of Section 1 of this Ordinance, unless the project complies with the following development standard: 1. Permitted Uses. The following uses shall be permitted in the R1 District: (a) Hospice facilities; (b) One single-family dwelling per parcel placed on a permanent foundation (including manufactured housing); (c) One-story accessory buildings and structures up to fourteen feet in height; (d) One-story accessory buildings over fourteen feet in height to a maximum height of twenty-eight feet, or two-story accessory buildings up to a maximum height of twenty-eight feet, if such buildings conform to the required setbacks and stepbacks for the principal building and with the development standards set forth in Santa Monica Municipal Code Section 9.04.14.110; (e) Public parks and playgrounds; (f) Small family day care homes; (g) State authorized, licensed, or certified uses to the extent required to be permitted by State Law; (h) Yard sales, limited to two per calendar year, for a maximum of two days each; (i) Domestic violence shelter. 2. Uses Subject to Performance Standards Permit. The following uses may be permitted in the R1 District subject to the approval of a performance standards permit: http://santa-monica.org/planning/dev/commissionlagendas/pc2006/ps2006090611- A .htm 09/08/2006 Council Meeting: October 23, 2001 Page 30 of 46 (a) Large family day care homes; (b) One-story accessory living quarters, up to fourteen feet in height, on a parcel having a minimum area of ten thousand square feet; (c) Private tennis courts. 3. Uses Subject to Use Permit. The following uses may be permitted in the R1 District subject to the approval of a use permit: (a) Duplexes on a parcel having not less than six thousand square feet of area, a side parcel line of which abuts or is separated by an alley from any R2, R3 or R4 District; (b) Second dwelling units subject to the requirements set forth in Santa Monica Municipal Code Section 9.04.13.040; 4. Conditionally Permitted Uses. The following use may be permitted in the R 1 District subject to the approval of a conditional use permit: (a) Schools. 5. Prohibited Uses. (a) Boarding houses. (b) Rooftop parking. (c) Any uses not specifically authorized. 6. Property Development Standards. Except as otherwise provided in this Section, all property shall be developed in accordance with the following standards: (a) Maximum Building Height. (1) Two stories, not to exceed twenty-eight feet, which includes all building elements except chimneys and required vents; (2) On lots of more than twenty thousand square feet with a minimum front parcel line dimension of two hundred feet, the height shall not exceed thirty-five feet for a pitched roof or twenty-eight http://santa-monica.org/planning/dev/commissionlagendas/pc2006/ps2006090611- A. htm 09/0812006 Council Meeting: October 23,2001 feet for other types of roofs. (b) Maximum Unit Density. One dwelling unit per parcel, except where a use permit has been approved authorizing a duplex or second dwelling unit pursuant to subsections 3(a) or 3(b) of this Section. (c) Minimum Lot Size. Five thousand square feet. Each parcel shall contain a minimum depth of one hundred feet and a minimum width of fifty feet. Any parcel existing on the effective date of this Chapter shall not be subject to this requirement. (d) Maximum Parcel Coverage. Thirty-five percent except that parcels with only one-story structures not exceeding eighteen feet in height may have a maximum parcel coverage of fifty percent. (e) Front Yard Setback. As shown on the Official Districting Map of the City, or, if no setback is specified, twenty feet. (f) Additional Front Stepback Above Fourteen Feet in Height. For new structures or additions to existing structures, any portion of the front building elevation above fourteen feet exceeding seventy- five percent of the maximum buildable front elevation shall be stepped back from the front setback line an additional average amount equal to four percent of parcel depth, but in no case resulting in a required stepback greater than ten feet. As used in this Chapter, "maximum buildable front elevation" shall mean the maximum potential length of the elevation permitted under these regulations, which includes parcel width or length (as applicable), minus required minimum setback. (g) Rear Yard Setback. Twenty-five feet. http://santa-monica.org/planning/dev/commissionlagendas/pc2006/ps2006090611- A. htm Page 31 of 46 09/08/2006 Council Meeting: October 23, 2001 (h) Additional Rear Stepback Above Fourteen Feet in Height. For new structures or additions to existing structures, any portion of the rear building elevation above fourteen feet exceeding seventy- five percent of the maximum buildable rear elevation shall be stepped back from the rear setback line an additional average amount equal to four percent of parcel depth, but in no case resulting in a required stepback greater than ten feet. (i) Side Yard Setback. Except as provided in subsection 60) of this Section, ten percent of the parcel width or a minimum of three feet six inches, whichever is greater, but in no case greater than fifteen feet. 0) Additional Side Yard Setback. For structures over eighteen feet in height, including all building elements except chimneys and required vents, the required amount of setback for both side yards combined as measured at any point on the parcel, shall equal thirty percent of the parcel width but in no case be greater than a total of forty-five feet. The minimum setback for each side yard shall also be equal to ten percent of the parcel width, or a minimum of three feet, six inches whichever is greater. This subsection 60) shall not apply under any of the following circumstances: (1) New structures on parcels that are 45 feet or less in parcel width. (2) Additions to existing structures that do not constitute a substantial remodel on parcels that are less than 50 feet in parcel width. (3) Any development on parcels that are less than 5,000 square feet in parcel area. http://santa-monica.org/planning!dev/commissionlagendas/pc2006/ps2006090611- A.htm Page 32 of 46 09/08/2006 Council Meeting: October 23,2001 (k) Additional Side Stepbacks Above Fourteen Feet in Height. For new structures or additions to existing structures, any portion of the side building elevation above fourteen feet exceeding fifty percent of the maximum buildable side elevation shall be stepped back from the side setback line an additional one foot for every two feet four inches above fourteen feet of building height to a maximum height of twenty-one feet. (I) Additi.onal Side Stepback Above Twenty-One Feet in Height. No portion of the building, except permitted projections, shall intersect a plane commencing twenty-one feet in height at the minimum sideyard setback and extending at an angle of forty-five degrees from the vertical toward the interior of the site. (m) Front Yard Paving. No more than fifty percent of the requlred front yard area including driveways shall be paved, except that lots with a width of twenty-five feet or less may have up to sixty percent of the required front yard area paved. (n) Modifications to Stepbacks Above Fourteen Feet in Height. The stepback requirements of subsections 6(f), 6(h), 6(k), and 6(1) of this Section may be modified subject to the review and approval of the Architectural Review Board if the Board finds that the modification will not be detrimental to the property, adjoining properties or the general area in which the property is located, and the objectives of the stepback requirements are satisfied by the provision of alternative stepbacks or other building features which reduce effective mass to a degree comparable, to the relevant standard requirement. (0) Driveways. No more than one driveway per parcel to a public http://santa-monica.org/planning!dev/commissionlagendas/pc2006/ps2006090611- A.htm Page 33 of 46 09/08/2006 Council Meeting: October 23,2001 street shall be permitted on parcels less than one hundred feet in width. (p) Basements and Subterranean Garages. No basement or subterranean garage shall extend into any required yard setback area, except for any basement or garage located beneath an accessory building which is otherwise permitted within a yard area, if such basement, semi-subterranean or subterranean garage is located at least five feet from any property line. (q) Access to Subterranean Garages and Basements. (1) Up to a total of fifty square feet of area in the side and rear yards may be utilized for Iightwells or stairways to below-grade areas of the main building and any accessory buildings. (2) No more than three feet of excavation below grade for a driveway, stairway, doorway, lightwell, window or other such element to a subterranean 'or semi-subterranean garage or basement shall occur in the front yard setback area. This requirement may be modified by the Architectural Review Board for parcels with an elevation rise of five feet from the front property line to a point fifty feet towards the interior of the site if it finds that topographic conditions necessitate that such excavation be permitted. (r) Roof Decks. Roof decks shall be set back at least three feet from the minimum sideyard setback. The height of any railings or parapets associated with such roof decks may not exceed the maximum allowable building height for the structure. (s) Second Floor Parcel Coverage. For parcels with a maximum ground floor parcel coverage of 35 percent, the maximum second http://santa-monica.org/planning/dev/commissionlagendas/pc2006/ps2006090611- A.htm Page 34 of 46 09/0812006 Council Meeting: October 23,2001 floor parcel coverage, including the second floor of all accessory buildings, shall not exceed 26 percent of the parcel area. Second floor parcel coverage may be increased up to a maximum of 30 percent of the parcel area if the ground floor square footage is reduced an equivalent amount. Conversely, the ground floor coverage may be increased to a maximum of 40 percent if an equivalent amount is reduced on the second floor. (t) Garage Doors. Garage doors facing the public street must be set back a minimum of 5 feet from the front setback line and may not exceed 16 feet in width unless located in the rear 35 feet of the parcel. (u) One-story garage. A one-story garage attached to the primary structure with a maximum height of 14 feet, including parapets and railings, a maximum length of 25 feet, and with garage doors perpendicular to the public street, shall be allowed to project up to 6 feet into the required front yard if no alley access exists, but may not extend closer than 20 feet to the front property line. (v) Architectural Projections Into Side Yards. Eaves, awnings, canopies, sunshades, sills, cornices, belt courses, trellises, arbors and other similar architectural projections may extend a maximum of 18" into an interior side yard or 30" into a street side yard, provided that such projections shall not be closer than three feet to any property line. (w) Balconies and Porches. Balconies and porches open on at least two sides with a maximum height of fourteen feet including parapets and railings that do not exceed fifty percent of the front building width measured at the front facade, may project up to six http://santa-monica.org/planning!dev/commission/agendas/pc2006/ps2006090611- A.htm Page 35 of 46 09/08/2006 Council Meeting: October 23, 2001 feet into the required front yard. Stairs less than three feet above grade may project an additional four feet into the required front yard. Page 36 of 46 7. Architectural Review. No building or structure shall be subject to architectural review pursuant to the provisions of Chapter 9.32 of the Santa Monica Municipal Code except: (a) Properties installing roof or building-mounted parabolic antennae (only with respect to the antennae and screening); (b) Duplexes (c) Any structure above fourteen feet in height that does not conform to the required yard stepbacks for structures above fourteen feet in height. (d) Any structure that does not conform to the limitations on access to subterranean garages and basements. (e) Any structure associated with a new building, substantial remodel, or a 50% or greater square foot addition to an existing home located on a parcel with a grade differential of 12.5 feet or more between the front and rear parcel lines. The Architectural Review Board may approve projects pursuant to this subsection 7 (e) if the following finding of fact is made: the size, mass, and placement of the proposed structure is compatible with improvements in the surrounding neighborhood. No other findings of fact are required. (f) Any structure that does not comply with the requirements that garage doors facing the public street must be set back a minimum of five feet from the front setback line and garage doors must not exceed 16 feet in width unless located in the rear 35 feet of the http://santa-monica.org/planning!dev/commission/agendas/pc2006/ps2006090611- A.htm 09/08/2006 Council Meeting: October 23, 2001 parcel. (g) Any structure on a parcel that is 50 feet or more in width that does not comply with subsection 60) of this Section. (h) Any structure with balconies or porches open on at least two sides with a maximum height of fourteen feet including parapets and railings, which project into the required front yard and which exceed fifty percent of the front building width measured at the front fa<;ade. (i) The Architectural Review Board may approve the design modifications set forth in subsections 7(f), 7(g) and 7(h) of this Section provided all of the following findings of fact are made: (1) There are special circumstances or exceptional characteristics applicable to the property involved, including size, shape, topography, surroundings, or location of the existing improvements or mature landscaping on the site. (2) The granting of the design modification will not be detrimental nor injurious to the property or improvements in the general vicinity and district in which the property is located. 3) The granting of the design modification will not impair the integrity and character of this R1 neighborhood, nor impact the light, air, open space, and privacy of adjacent properties. (4) In the case of additions to buildings in the City's Historic Resources Inventory, the design modification is compatible with the building's historic architectural character, does not result in the removal of historic building features, and the addition is consistent with the Secretary of the Interior Standards for Rehabilitation. Any applicant for a development subject to architectural review http://santa-monica.org/planning!dev/commissionlagendas/pc2006/ps2006090611- A. htm Page 37 of 46 09/08/2006 Council Meeting: October 23,2001 Page 38 of 46 under these provisions shall provide certification of notice to all owners and commercial and residential tenants of property within a radius of three hundred feet from the exterior boundaries of the property involved in the application, not less than ten days in advance of Architectural Review Board consideration of the matter, which notice and certification thereof shall be in a form satisfactory to the Zoning Administrator. 8. Fifty percent addition. Parking shall be provided in accordance with the provisions of Part 9.04.10.08 of the Santa Monica Municipal Code, Off Street Parking Requirements, if the principal building on the parcel is substantially remodeled or, if fifty percent or more additional square footage is added to the principal building at anyone time, or incrementally, after September 8, 1988, provided the aggregate addition is five hundred square feet or more. SECTION 3. This ordinance shall be of no further force and effect after March 11, 2007, unless prior to that date, after a public hearing, noticed pursuant to Santa Monica Municipal Code Section 9.04.20.22.050, the City Council, by majority vote, extends this interim ordinance. http://santa-monica.org/planning!dev/commissionlagendas/pc2006/ps2006090611- A .htm 09/08/2006 Council Meeting: October 23, 2001 Page 39 of 46 SECTION 4. 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 5. 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 6. 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 thirty days after its adoption. APPROVED AS TO FORM: MARSHA JONES MOUTRIE City Attorney http://santa-monica.org/planning/dev/commission/agendas/pc2006/ps2006090611- A.htm 09/08/2006 Council Meeting: October 23, 2001 ATTACHMENT C http://santa-monica.org/planning!dev/commissionlagendas/pc2006/ps2006090611- A.htm Page 40 of 46 09/08/2006 Council Meeting: October 23, 2001 Page 41 of 46 Subchapter 9.04.08 Zoning Districts and Uses Part 9.04.08.02 Rl Single Family Residential District 9.04.08.02.010 Purpose. The Rl District is intended to provide a single-family residential area free of disturbing noises, excessive traffic, and hazards created by moving automobiles. The Rl District is designed to prevent burdens on the public facilities, including sewer, water, electricity and schools by an influx and increase of people to a degree larger than the City's geographic limits, tax base or financial capabilities can reasonably and responsibly accommodate. The Rl District affords protection from deleterious environmental effects and serves to maintain and protect the existing character of the residential neighborhood. (Prior code ~ 9010.1; amended by Ord. No. 1697CCS ~ 2 (part), adopted 8/10/93) 9.04.08.02.020 Permitted uses. The following uses shall be permitted in the Rl District: (a) Hospice facilities; (b) One single-family dwelling per parcel placed on a permanent foundation (including manufactured housing); (c) One-story accessory buildings and structures up to fourteen feet in height; (d) Except in the area bounded by Montana Avenue, the northern City limits, Twenty-Sixth Street and Ocean Avenue, one- story accessory buildings over fourteen feet in height to a maximum height of twenty-eight feet, or two-story accessory buildings up to a maximum height of twenty-eight feet, if such buildings conform to the required setbacks and stepbacks for the principal building and with the development standards set forth in Section 9.04.14.110; (e) Public parks and playgrounds; (f) Small family day care homes; (g) State authorized, licensed, or certified uses to the extent required to be permitted by State Law; (h) Yard sales, limited to two per calendar year, for a maximum of two days each; (i) Domestic violence shelter. (Prior code ~ 9010.2; amended by Ord. No. 1697CCS ~ 2 (part), adopted 8/10/93; Ord. No. 1950CCS ~ 1, adopted 8/1 0/99) 9.04.08.02.030 Uses subject to performance standards permit. The following uses may be permitted in the Rl District subject to the approval of a performance standards permit: (a) Large family day care homes; (b) One-story accessory living quarters, up to fourteen feet in height, on a parcel having a minimum area often thousand square feet; (c) Private tennis courts. (Prior code ~ 9010.3; amended by Ord. No. 1697CCS ~ 2 (part), adopted 8/10/93) 9.04.08.02.040 Uses subject to use permit. The following use may be permitted in the Rl District subject to the approval of a use permit: (a) Duplexes on a parcel having not less than six thousand square feet of area, a side parcel line of which abuts or is separated by an alley from any R2, R3 or R4 District; (b) Second dwelling units subject to the requirements set forth in Section 9.04.13.040; (c) On parcels in the area bounded by Montana Avenue, the northern City limits, Twenty-Sixth Street and Ocean Avenue, one- story accessory buildings over fourteen feet in height to a maximum height of twenty-four feet, or two-story accessory buildings up to a maximum height of twenty-four feet, ifsuch buildings conform to the development standards set forth in Section 9.04.13.050. (d) On parcels in the area bounded by Montana A venue, the northern City limits, Twenty-Sixth Street and Ocean A venue, curb cuts for purposes of providing street access to an on-site parking garage on parcels with an adjacent side or rear alley having a minimum right-of-way of fifteen feet. (Added by Ord. No. 1697CCS ~ 2 (part), adopted 8/10/93; amended by Ord. No. 1942CCS ~ 2, adopted 5/11/99; Ord. No. 1950CCS ~ 2, adopted 8/10/99) 9.04.08.02.050 Conditionally permitted uses. The following uses may be permitted in the Rl District subject to the approval of a conditional use permit: (a) Residential housing and educational facility for young adults emancipated from foster care. (b) Schools. (Prior code ~ 9010.4; amended by Ord. No. 1697CCS ~ 2 (part), adopted 8/10/93; amended by Ord. No. 2094CCS ~ 2, adopted 9/9/03) 9.04.08.02.060 Prohibited uses. (a) Boarding houses. (b) Rooftop parking. (c) Any uses not specifically authorized. (Prior code ~ 9010.5; amended by Ord. No. 1697CCS ~ 2 (part), adopted by 8/10/93; Ord. No. 1942CCS, ~ 3, adopted 5/11/99) 9.04.08.02.070 Property development standards. http://santa-monica.org/planning/dev/commissionlagendas/pc2006/ps2006090611- A .htm 09/08/2006 Council Meeting: October 23,2001 Page 42 of 46 All property in the RI District shall be developed in accordance with the following standards: (a) Maximum Building Height. (1) Two stories, not to exceed twenty-eight feet, which includes all building elements except chimneys and required vents; (2) On lots of more than twenty thousand square feet with a minimum front parcel line dimension of two hundred feet, the height shall not exceed thirty-five feet for a pitched roof or twenty-eight feet for other types of roofs. (3) On lots of less than twenty-thousand square feet in the area bounded by Montana A venue, the northern City limits, Twenty- Sixth Street and Ocean A venue, the maximum building height shall be thirty-two feet, except that for a parcel with greater than thirty-five percent parcel coverage, the maximum building height shall be one stOry,'llot to exceed eighteen feet, which includes all building elements except chimneys and required vents. (b) Maximum Unit Density. One dwelling unit per parcel, except where a use permit has been approved for a duplex as permitted by Section 9.04.08.02.040(a). (c) Minimum Lot Size. Five thousand square feet. Each parcel shall contain a minimum depth of one hundred feet and a minimum width of fifty feet except for parcels bounded by the center lines of First Court Alley to the west, Seventh Street to the east, Montana Place North Alley to the south, and Adelaide Drive to the north, which shall contain a minimum width of one hundred feet and a minimum depth of one hundred seventy-five feet. Any parcel existing on the effective date of this Chapter shall not be subject to this requirement. (d) Maximum Parcel Coverage. Forty percent except that parcels between three thousand one and five thousand square feet may have a parcel coverage of fifty percent, and parcels of three thousand square feet or smaller may have a parcel coverage of sixty percent, however, in the area bounded by Montana Avenue, the northern City limits, Twenty-Sixth Street and Ocean Avenue, maximum parcel coverage shall be thirty-five percent except that parcels with only one-story structures not exceeding eighteen feet in height may have a maximum parcel coverage of fifty percent. (e) Front Yard Setback. As shown on the Official Districting Map of the City, or, ifno setback is specified, twenty feet. (f) Additional Front Stepback Above Fourteen Feet in Height. For new structures or additions to existing structures, any portion of the front building elevation above fourteen feet exceeding seventy-five percent of the maximum buildable front elevation shall be stepped back from the front setback line an additional average amount equal to four percent of parcel depth, but in no case resulting in a required step back greater than ten feet. However, in the area bounded by Montana A venue, the northern City limits, Twenty-Sixth Street and Ocean A venue, the stepback shall be as follows: any portion of the front building elevation above fourteen feet exceeding seventy percent of the maximum buildable front elevation shall be stepped back from the front setback line an additional average amount equal to eight percent of parcel depth, but in no case resulting in a required stepback greater than twelve feet. As used in this Chapter, "maximum buildable elevation" shall mean the maximum potential length of the elevation permitted under these regulations, which includes parcel width or length (as applicable), minus required minimum setback. (g) Rear Yard Setback. Twenty-five feet. (h) Additional Rear Stepback Above Fourteen Feet in Height. For new structures or additions to existing structures, any portion of the rear building elevation above fourteen feet exceeding seventy-five percent of the maximum buildable rear elevation shall be stepped back from the rear setback line an additional average amount equal to four percent of parcel depth, but in no case resulting in a required step back greater than ten feet. However, in the area bounded by Montana A venue, the northern City limits, Twenty-Sixth Street and Ocean Avenue, the stepback shall be as follows: the entire rear building elevation above fourteen feet shall be stepped back an amount equal to thirty percent of the lot depth, but no greater than forty feet from the rear property line. (i) Side Yard Setback. Ten percent of the parcel width or a minimum of three feet six inches, whichever is greater, but in no case greater than fifteen feet. However, in the area bounded by Montana Avenue, the northern City limits, Twenty-Sixth Street and Ocean A venue, for structures over eighteen feet in height, including all building elements except chimneys and required vents, the required amount of setback for both side yards combined as measured at any point on the parcel, shall equal thirty percent of the parcel width but in no case be greater than a total of forty-five feet. The minimum setback for each side yard shall also be equal to ten percent of the parcel width, or a minimum of three feet, six inches whichever is greater. (See also Section 9.04. I 0.02.190.) U) Additional Side Stepbacks Above Fourteen Feet in Height. For new structures or additions to existing structures, any portion of the side building elevation above fourteen feet exceeding fifty percent of the maximum buildable side elevation shall be stepped back from the side setback line an additional one foot for every two feet four inches above fourteen feet of building height to a maximum height of twenty-one feet. (k) Additional Side Stepback Above Twenty-One Feet in Height. No portion of the building, except permitted projections, shall intersect a plane commencing twenty-one feet in height at the minimum sideyard setback and extending at an angle of forty- five degrees from the vertical toward the interior of the site. However, in the area bounded by Montana A venue, the northern City limits, Twenty-Sixth Street and Ocean A venue, no portion of the building, except permitted projections, shall intersect a plane commencing twenty-one feet in height at the minimum sideyard setback and extending at an angle of thirty degrees from the horizontal toward the interior of the site. (I) Front Yard Paving. No more than fifty percent of the required front yard area including driveways shall be paved, except that lots with a width of twenty-five feet or less may have up to sixty percent of the required front yard area paved. However, in the area bounded by Montana Avenue, the northern City limits, Twenty-Sixth Street and Ocean Avenue, no more than forty percent of the required front yard area shall be paved, including driveways, except that lots with a width of twenty- five feet or less may have up to sixty percent of the required front yard area paved. http://santa-monica.org/planning/dev/commissionlagendas/pc2006/ps2006090611- A.htm 09/08/2006 Council Meeting: October 23,2001 Page 43 of 46 (m) Modifications to Stepbacks Above Fourteen Feet in Height. The stepback requirements of subsections (t), (h), 0), and (k) of this Section may be modified subject to the review and approval of the Architectural Review Board if the Board finds that the modification will not be detrimental to the property, adjoining properties or the general area in which the property is located, and the objectives of the stepback requirements are satisfied by the provision of alternative stepbacks or other building features which reduce effective mass to a degree comparable, to the relevant standard requirement. (n) Driveways. No more than one driveway per parcel to a public street shall be permitted on parcels less than one hundred feet in width. (0) Basements and Subterranean Garages. No basement or subterranean garage shall extend into any required yard setback area, except for any basement or garage located beneath an accessory building which is otherwise permitted within a yard area, if such basement, semi-subterranean or subterranean garage is located at least five feet from any property line. (p) Access to Subterranean Garages and Basements. (I) Up to a total of fifty square feet of area in the side and rear yards may be utilized for lightwells or stairways to below-grade areas of the main building and any accessory buildings. However, in the area bounded by Montana Avenue, the northern City limits, Twenty-Sixth Street and Ocean A venue, the side and rear yards may be utilized for lightwells or stairways to below-grade areas of the main building and any accessory building provided such excavated area is setback a minimum of ten percent of the lot width from the property line. (2) No more than three feet of excavation below grade for a driveway, stairway, doorway, lightwell, window or other such element to a subterranean or semi-subterranean garage or basement shall occur in the front yard setback area. This requirement may be modified by the Architectural Review Board for parcels with an elevation rise of five feet from the front property line to a point fifty feet towards the interior of the site if it finds that topographic conditions necessitate that such excavation be permitted. However, in the area bounded by Montana A venue, the northern City limits, Twenty-Sixth Street and Ocean A venue, no excavation for a driveway, stairway, doorway, light-well, window or other such element to a subterranean or semi-subterranean garage or basement shall be permitted in the front yard setback area; and this prohibition shall not be modified by the Architectural Review Board. (q) Roof Decks. Roof decks shall be set back at least three feet from the minimum sideyard setback. The height of any railings or parapets associated with such roof decks may not exceed the maximum allowable building height for the structure. (Prior code ~ 9010.6; amended by Ord. No. I 476CCS, adopted 4/25/89; Ord. No. 1697CCS ~ 2 (part), adopted 8/10/93; Ord. No. 1936CCS ~ I, adopted 2/23/99; Ord. No. 1942CCS ~ 4, adopted 5/11/99; Ord. No. 1950CCS ~ 3, adopted 8/10/99) 9.04.08.02.075 Special project design and development standards. Notwithstanding Section 9.04.10.02.180, projects in the area bounded by Montana Avenue, the northern City limits, Twenty- Sixth Street and Ocean Avenue, shall comply with the following special project design and development standards. These standards are intended to promote design flexibility, encourage the retention of existing structures that contribute to neighborhood character and pedestrian scale, and result in homes that do not impact the light, air, open space, and privacy of adjacent structures. (a) For parcels with a maximum ground floor parcel coverage of thirty-five percent, the maximum second floor parcel coverage, including the second floor of all accessory buildings, shall not exceed twenty-six percent of the parcel area. Second floor parcel coverage may be increased up to a maximum of thirty percent of the parcel area if the ground floor square footage is reduced an equivalent amount. Conversely, the ground floor coverage may be increased to a maximum of forty percent if an equivalent amount is reduced on the second floor. (b) In computing the first floor parcel coverage for a parcel with alley access, one-half the width of a rear alley, which abuts the parcel, may be counted as a portion of the parcel area if alley access is provided and there are no curb cuts for the purpose of providing street access to on-site parking. (c) The aggregate square footage of second floor balconies, terraces or roof decks shall not exceed four hundred square feet. (d) The area of any patio, balcony, roof deck or terrace open on less than two sides shall count towards parcel coverage and shall count for second floor parcel coverage if the floor line is above fourteen feet in height. (e) Any individual second floor balconies, terraces or roof decks greater than fifty square feet and located in the rear two-thirds of the parcel shall be set back twelve feet from any property line. (t) Garage doors facing the public street must be set back a minimum of five feet from the front setback line and may not exceed sixteen feet in width unless located in the rear thirty-five feet of the parcel. (g) A one-story garage attached to the primary structure with a maximum height of fourteen feet, including parapets and railings, a maximum length of twenty-five feet, and with garage doors perpendicular to the public street, shall be allowed to project up to six feet into the required front yard if no alley access exists, but may not extend closer than twenty feet to the front property line. (h) Exterior stairs and required fire escapes shall not project into the required front or side yard areas. (i) Porte cocheres not more than twenty feet long, not more than fourteen feet in height including railings or parapets, and open on three sides may project into required side and rear yards. 0) Balconies and porches open on at least two sides with a maximum height of fourteen feet including parapets and railings, that do not exceed fifty percent of the front building width measured at the front facade, may project up to six feet into the required front yard. Stairs less than three feet above grade may project an additional four feet into the required front yard. (k) The requirements of subsections (c), (t) and 0) of this Section may be modified subject to the review and approval of the http://santa-monica.org/planning/dev/commissionlagendas/pc2006/ps2006090611- A. htm 09/0812006 Council Meeting: October 23, 2001 Page 44 of 46 Architectural Review Board pursuant to Section 9.04.08.02.080(f). (Added by Ord. No. 1950CCS S 4, adopted 8/10/99) 9.04.08.02.080 Architectural review. No building or structure in the Rl District shall be subject to architectural review pursuant to the provisions of Chapter 9.32 of this Code except: (a) Properties installing roof or building-mounted parabolic antennae (only with respect to the antennae and screening); (b) Duplexes; (c) Any structure above fourteen feet in height that does not conform to the required yard stepbacks for structures above fourteen feet in height; (d) Any structure that does not conform to the limitations on access to subterranean garages and basements; (e) Any development in the area bounded by Montana Avenue, the northern City limits, Twenty-Sixth Street and Ocean Avenue, with regard to the following conditions only: (I) Any development with an aggregate square footage of second floor balconies, terraces or roof decks which exceeds four hundred square feet. (2) Any structure with garage doors facing the public street within the front one-half of the parcel which are not setback from the building facade a minimum of five feet. (3) Any structure with balconies or porches open on at least two sides with a maximum height of fourteen feet including parapets and railings, which project into the required front yard and which exceed fifty percent of the front building width measured at the front facade. (4) Any structure with side yard setbacks that do not conform with Section 9.04.08.02.070(i) but which has minimum setbacks for each side yard equal to ten percent of the parcel width. (f) The Architectural Review Board may approve the design modifications set forth in Section 9.04.08.02.080(e) provided all the following findings of fact are made: (1) There are special circumstances or exceptional characteristics applicable to the property involved, including size, shape topography, surroundings, or location of the existing improvements or mature landscaping on the site. (2) The granting of the design modification will not be detrimental nor injurious to the property or improvements in the general vicinity and district in which the property is located. (3) The granting of the design modification will not impair the integrity and character of this R 1 neighborhood, nor impact the light, air, open space, and privacy of adjacent properties. (4) In the case of additions to buildings in the City's Historic Resources Inventory, the design modification is compatible with the building's historic architectural character, does not result in the removal of historic building features, and the addition is consistent with the Secretary of the Interior Standards for Rehabilitation. (5) The design modifications also comply with the criteria established in Section 9.32.140. Any applicant for a development subject to architectural review under these provisions shall provide certification of notice to all owners and commercial and residential tenants of property within a radius of three hundred feet from the exterior boundaries of the property involved in the application, not less than ten days in advance of Architectural Review Board consideration of the matter, which notice and certification thereof shall be in a form satisfactory to the Zoning Administrator. (Prior code S 9010.7; amended by Ord. No. 1697CCS S 2 (part), adopted 8/10/93; Ord. No. 1942CCS S 5, adopted 5/11/99; Ord. No. 1950CCS S 5, adopted 8/10/99) 9.04.08.02.080 9.04.08.02.090 Fifty percent addition. Parking shall be provided in accordance with the provisions of Part 9.04.10.08, Off Street Parking Requirements, if the principal building on the parcel is substantially remodeled or, if fifty percent or more additional square footage is added to the principal building at anyone time, or incrementally, after September 8, 1988, provided the aggregate addition is five hundred square feet or more. See Section 9.04.02.030 for the definition of "substantial remodel." (Prior code S 9010.8; amended by Ord. No. 1697CCS S 2 (part), adopted 8/1 0/93) 9.04.10.02.180 Projections permitted into required yards. 9.04.10.02.181 The following chart sets forth the allowances for various projections permitted into the required yards in residential, industrial, and commercial districts. Projections shall not be permitted closer than 4 feet to any property line. Projections as listed below into existing, non-conforming yard areas shall be permitted only if the projection does not extend closer to the property line than would be permitted if the yard area conformed to current standards. The various types of projections and the limitations on such projections into required yards are as follows: Projections Front Yard Street Side Yard Interior Side Yard Rear Yard http://santa-monica.org/planning!dev/commissionlagendas/pc2006/ps2006090611- A.htm 09/0812006 Council Meeting: October 23,2001 Eaves, awnings, canopies, sun shades, sills, cor- nices, belt courses, trellises, arbors, and other similar architectural features Flues, chimneys, water heater enclosures, and similar vertical architectural projections not more than 5~ wide parallel to the side yard and that do not exceed 20% of the facade width Patios, porches, plat-forms, decks, unexcavated side yard area, and other unenclosed areas not covered by a roof or canopy and that may be raised above the level of the adjacent grade but do not extend more than 3~ above the average natural grade 302 302 182 Page 45 of 46 4~ 182 122 6~ Balconies, and stairways that are open, unenclosed on at least two sides Greenhouse windows and bay windows that are not greater than 6~ wide parallel to the side yard Required fire escapes 182 182 182 4~ 182 4~ Porte cochere not more than 20~ long and open on three sides except for necessary structural supports and not more than 16 feet in height. Mail box canopy not more than 1O~ long. Recreational vehicle storage, central air conditioning, swimming pool, spa equipment. Second floor decks, patios, or balconies, covered or uncovered, adjacent to primary living spaces in OP-Districts. For structures with conforming setbacks 122 122 122 For structures with non-conforming set-backs 6~ 6~ No Limit 4~ 4~ 302 302 O~ 182 182 182 Provided the structure has a conforming setback Not permitted 122 or 22 per 1~ of required side yard whichever is greater Not permitted in front yard. Permitted in side and rear yard. 302 302 302 Not permitted in front or side yard areas. Permitted anywhere in rear yard area. 302 302 302 (Prior code S 9040.18; amended by Ord. No. 1496CCS, adopted 9/26/89) http://santa-monica.org/planning!dev/commissionlagendas/pc2006/ps2006090611- A.htm 09/08/2006 Council Meeting: October 23,2001 Page 46 of 46 ATTACHMENT D NOTICE OF A PUBLIC HEARING BEFORE THE SANTA MONICA PLANNING COMMISSION SUBJECT: Text Amendment to Article 9 (Planning & Zoning) of Santa Monica Municipal Code to modify the development standards and review processes in the R1 District APPLICANT: City of Santa Monica A public hearing will be held by the Planning Commission to consider the following proposed text amendment and to forward recommendations to the City Council: Text Amendment to the City of Santa Monica Zoning Ordinance to modify the development standards and review processes in the Sunset Park and North of Wilshire Boulevard R1 Districts including, but not limited to, standards and review related to setbacks, stepbacks, maximum parcel coverage, second floor parcel coverage, garages and garage doors, architectural projections, balconies and porches, and architectural review of specified structures and to clarify the second floor parcel coverage standards in the R1 District north of Montana Avenue. The Planning Commission may also consider extending these modifications to the R1 District located north of Pico and south of Exposition Boulevards. DATE/TIME: WEDNESDAY, SEPTEMBER 6, 2006 AT 7:00 PM 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 Planning Commission public hearing, or by writing a letter. Written information will be given to the Planning Commission at the meeting. Address your letters to: City of Santa Monica City Planning Division 1685 Main Street, Room 212 Santa Monica, CA 90401 Attn: Elizabeth Bar-EI, AICP, Senior Planner MORE INFORMATION If you want more information about this project or wish to review the project file, please contact Ms. Bar-EI at (310) 458-8341, or bye-mail atliz.bar-el@SMGOV.NET. 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. ESPANOL Esto es una noticia de una audiencia publica para revisar applicaciones proponiendo desarrollo en Santa Monica. Si deseas mas informacion, favor de lIamar a Carmen Gutierrez en la Division de Planificacion al numero (310) 458-8341. http://santa-monica.org/planning!dev/commissionlagendas/pc2006/ps2006090611- A. htm 09/08/2006 August 25,2006 Dave Wilson 923 20th Street, LLC 1508 1 ih Street, 2nd Floor Santa Monica, CA 90404 RE: Return Excess Payment of City Recreation and Housing Fee Dear Mr. Wilson: Upon your recent request for a Certificate of Occupancy for a 5-unit condominium project at 923 20th Street, you submitted a check to satisfy the City Recreation and Housing Fee. City records indicate that this fee was paid when the building permit was issued. Accordingly, your check is being returned herein. Please contact me at 310.458.8341 if you have any questions or I can be of assistance. Sincerely, Bruce Leach Associate Planner Planning and Community Development Department Enclosure: Check # 1286, 90-3582/1222 $1,000.00