SR-400-005-16 (11)
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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
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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
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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.
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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
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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
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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:
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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
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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
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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
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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,
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. 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;
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(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
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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.
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(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
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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.
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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:
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(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
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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
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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
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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.
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(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
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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.
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(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.
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(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
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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,
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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
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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
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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.
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(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.
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. 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
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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
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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
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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,
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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
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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
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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
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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
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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.
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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.
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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.
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(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
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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).
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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
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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.
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(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).
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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
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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
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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
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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
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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:
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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:
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Front
Interior
Rear
Street
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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)
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(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.
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(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,
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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.
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(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
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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:
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(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
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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.
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(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.
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(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
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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
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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
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feet into the required front yard. Stairs less than three feet above
grade may project an additional four feet into the required front
yard.
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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
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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
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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.
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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
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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.
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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.
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(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
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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
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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)
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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.
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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