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SR-400-005-21 (3) CP:SF:AS:JL:BR:f:\plan\share\council\strpt\2004\04TA-003.2.docSanta Monica, California City Council Mtg: May 11, 2004 TO: Mayor and City Council FROM: City Staff SUBJECT: Adoption of an Interim Ordinance Extending the Provisions of Ordinance No. 2042 (CCS) and Declaring the Presence of an Emergency and Introduction and First Reading of an Ordinance to Modify the Multi-Family Development Standards and Establish Design Standards for Properties Located in Multifamily Residential Zoning Districts of R2 (Low Density Multiple Residential), R3 (Medium Density Multiple-Family Residential), and R4 (High Density Multiple-Family Residential). The Ordinance Also Includes Amendments to the Application Processing Requirements for Administrative Approvals Applications, Architectural Review Board Applications, and Design Compatibility Permit Applications, in the R2, R3, R4, BSCD, C3, and C3-C Districts and the establishment of a Design Standards Permit in these districts. Changes to the Definitions, Demolition, and Project Design and Development Standards Section of the Zoning Ordinance, are Also Proposed. Other Related Changes Include the Condominium Section, and the North of Wilshire Overlay, Which will be Eliminated. INTRODUCTION This report recommends that the City Council introduce an emergency ordinance extending the provision of Ordinance No. 2042 (CCS), and consider for first reading one of two alternative ordinances that modify the Municipal Code as it pertains to development and design standards for all properties in the R2, R3, and R4 zoning districts. Each ordinance contains modifications to the application-processing requirements for Administrative Approvals, Architectural Review, and Design Compatibility Permits in the R2, R3, R4, BSCD, C3, and C3-C Districts. Changes to the definitions, demolition, and project design and development standards section of the Zoning Ordinance, which will be 1 effective citywide, are also proposed. Other related changes are proposed to the condominium section, and the North of Wilshire Overlay, which will be eliminated. The emergency ordinance is contained in Attachment A and the proposed ordinances are Attachment B and C. BACKGROUND The City Council first considered a proposed text amendment on April 13, 2004. The City Council expressed general support for the proposed development standards regulating building mass and bulk, as well as the design standards to articulate structures. The City Council suggested that several of the standards could be clarified to remove ambiguity about the requirement. These included such terms as unfinished material, prefabricated courtyard gates, and allowable window tint on southwest and west facing elevations. Staff reviewed the proposed ordinance and has revised these and other terms as appropriate to provide greater clarification. Council discussion at the April 13, 2004 meeting focused largely on the recommended project application process. Staff recommended an administrative process for projects that conformed precisely to the adopted development and design standards. There are four distinct phases of the project approval process: application submittal and analysis, board and commission review, plan check and construction. Staff has been working to improve the administrative phases, and with the adoption of new development and design standards, Council has the unique opportunity to improve the discretionary review process. 2 At the request of Council, staff has provided a range of process options for Council consideration. Although staff believes the original process recommendation is the preferred approach (Attachment B), Attachment C contains an alternative review process that provides public input at the front-end of project review and an appeal process for staff’s determination. This alternative is more fully described in Option 2 below. APPLICATION REVIEW OPTIONS City staff considered different application processing alternatives, which were presented to the City Council as an attachment to the April 13, 2004 staff report. The alternatives include staff’s recommended approach to application processing (No. 1). However, in response to the Council discussion, staff has developed an alternative that includes an opportunity for public review process (No. 2). Each alternative is described below. Staff has provided information on the processing time, staff hours, the advantages and disadvantages for each option. The estimated processing timelines for each option assume that the City Planning Division is fully staffed, would apply to projects exempt from CEQA, and expect that projects fall below the applicable development review thresholds. Estimated staff hours are based on the most recent City fee study. 1. Objective Development and Design Standards (Staff Preferred Process) Applicants are required to comply with adopted development and design standards. Staff will determine compliance with the design standards during a two-week review period. If a project satisfies the design requirements, it will proceed to the building plan 3 check phase where a review of the project’s conformance to applicable development standards will occur. If all standards are met, the project will be issued a building permit. Projects that do not comply with the design standards will be scheduled for a public hearing before the City’s Architectural Review Board. The determination of the Architectural Review Board is appealable to the Planning Commission. Upon receiving design approval, the project may be submitted to the Building and Safety Division for plan check. Staff estimates that a compliant project would complete the process in 2 weeks (7 staff hours). Noncompliant projects would require 12 weeks (6 staff hours). If appealed to the Planning Commission, an additional 13 weeks (25 staff hours) would be required. Advantages: This process provides clear standards and predictability for applicants, staff, and the public. It uses rigorous and consistent standards that are based upon comments received from the Architectural Review Board, Planning Commission, and community to establish a vision for multifamily residential neighborhoods. The proposed process eliminates the need for multiple reviews by staff, applicants and the public. It subjects larger projects and their associated neighborhood impacts, to the public review process. And it eliminates the ability of project opponents to delay residential development projects by filing multiple appeals. Disadvantages: 4 This process reduces the opportunity for public comment on an incremental, project specific basis for those projects that comply with established standards. While the above alternative is staff’s recommended application review process, the City Council requested an alternative that includes greater public participation. In response, staff offers the following alternative for consideration: 2. Objective development and design standards with front-end public input and opportunity for appeal to the ARB. Applicants are required to comply with the development and design standards and staff determines compliance with these standards. However, this process requires the developer to hold a neighborhood meeting prior to submitting the application. The developer is responsible for coordinating and notifying (by site posting and direct mailing) all property owners and tenants within a 300-foot radius of the subject property of the date, time, and location of this meeting, which must be held in Santa Monica at a place and time that can reasonably accommodate the participants. This meeting provides a forum for the applicant to present the project to the community, to provide insight as to how the design was developed (i.e. identification of internal and external forces directing the placement and orientation of particular building elements), and to receive feedback from participants. While the developer is not obligated to respond to neighborhood comments, not addressing this feedback may result in an increased risk that an approval may be appealed. 5 If a project complies with the design standards, City staff will prepare an approval determination to be mailed to the applicant and property owners and tenants within 300-feet of the subject property. This determination is appealable to the City’s Architectural Review Board within 14-days. Appeals will be limited to those projects that comply with the design standards. If an appeal is filed, staff will schedule the project for a public hearing before the City’s Architectural Review Board within a 6 to 8 week period. The decision of the Architectural Review Board is final, and if the Architectural Review Board approves the project, the applicant can submit for City plan check where staff will determine the project’s compliance with the development standards. Staff estimates that this process will take 5 weeks (7 staff hours) without an appeal; and an additional 10 weeks (6 hours) with an appeal. Condominium projects require additional steps in order to be able to sell the individual units. Primarily this requires Planning Commission approval of a tentative or parcel map and City Council approval of the final map upon satisfactory completion of required conditions of approval. These steps require at least two additional public hearings that can be accommodated on a parallel track while the design review and plan check processes are running. However, additional processing time may be required if further environmental review is needed. If a project does not comply with the required design standards, the applicant will be 6 required to submit an application for architectural review. The processing time for this application is 10 weeks, not including a 2-week appeal-filing period, which is consistent with the current process. Projects will be subject to the existing findings and remain appealable to the Planning Commission. Staff estimates that this process will take 12 weeks (6 staff hours) without an appeal and an additional 13 weeks (25 staff hours) for an appeal to the Planning Commission. In some situations a project otherwise subject to design review by staff will be filed in conjunction with an application requiring Planning Commission review. When this occurs, the Planning Commission, rather than staff, will determine if a proposed project complies with the adopted design standards. The decision of the Planning Commission is appealable to the City Council. The third type of project is one that exceeds the Development Review application threshold for the zone in which the property is located. These are generally projects of a larger size and include structures above 15,000-sq. ft. in the R2 zone; 22,500-sq. ft. in the R3 zone; 25,000-sq. ft. in the R4 zone. The Municipal Code currently provides that these projects require consideration by the Planning Commission because of concerns about potential adverse impacts generated by projects of this size. Currently both the Planning Commission and Architectural review Board evaluate design and compatibility, resulting in a duplication of effort and at times, conflicting direction to applicants. Staff is recommending a consolidation of the two reviews into the Planning 7 Commission review. In this way, the Planning Commission reviews, comments upon, and approves/denies the whole of a project. This methodology preserves public participation by requiring a public hearing (the determination of which is appealable to the City Council) and removes a duplicative review where the ARB may potentially give contradictory design direction. Staff estimates that the associated processing times at 15 weeks (40 staff hours) to prepare a project for Planning Commission consideration. An additional 13 weeks (25 staff hours) will be required if the Planning Commission’s decision is appealed to the City Council. Advantages: This process requires that a notice be provided to residents and property owners within 300-feet of the subject property so that they may offer comment on a project prior to its application filing with the City. The proposed process, however, does not prohibit participation by community members outside of the 300-foot noticing radius should they like to offer comments about a proposed project’s design. It provides public review and comment on the project at an early stage with feedback directly to the developer. The process involves a mailed notice of determination to residents and property owners within the surrounding neighborhood for administratively approved projects. The decision of staff is appealable and appeals are focused on compliance with the design standards. Projects exceeding Development Review thresholds are subject to the public review process including architectural review, which shall be conducted by the Planning Commission. 8 Disadvantages: The design review process becomes somewhat less streamlined and predictable in that projects that do comply with the City Council adopted design standards would be subject to an appeal. This would have the effect of extending processing timeframes for design standards compliant projects. In addition to the two above-described scenarios, staff has prepared the following alternatives for City Council consideration. These alternatives are the same as those presented as part of the April 13, 2004 staff report. The additional alternatives are as follows: 3. Objective development and design standards with opportunity for appeal to the ARB. This alternative requires that applicants comply with the adopted development and design standards. Public notice of a design standards compliant project will be given and this notice will commence a 14-day period during which the determination of design compliance may be appealed to the Architectural Review Board. The Board’s determination will be final. Consideration by the Architectural Review Board, which may be appealed to the Planning Commission, is also required for projects that do not comply with the adopted design standards. Staff will complete a review for compliance with the development standards during plan check. Staff estimates that compliant projects would be processed in 4 weeks (7 staff hours). However, an additional 10 9 weeks (6 staff hours) is required should a project be appealed to the Architectural Review Board. Noncompliant projects considered by the Architectural Review Board would be processed in 12 weeks (6 staff hours). However, an additional 13 weeks (25 staff hours) is required should the Board’s decision be appealed to the Planning Commission. Advantages: This process provides an opportunity for the public to comment on a project’s design if community concerns are expressed. The standards provide a clear and relatively predictable process for applicants, staff, and the public to understand and follow. The process also reduces the need for multiple reviews by staff and it subjects larger projects to the public review process. The ability of opponents to delay residential development projects through the filing of multiple appeals is reduced. Disadvantages: The design review process becomes somewhat less streamlined and predictable in that projects that do comply with the City Council adopted design standards would be subject to an appeal. 4. Objective development and design standards with construction rate program. Under this scenario, applicants are required to adhere to the proposed development and design standards. Architectural Review Board consideration is required for 10 projects that do not comply with the design standards. Any decision of the ARB may be appealed to Planning Commission. The City’s existing construction rate program would limit more than one project from occurring within a 500-foot radius. Staff will complete a review for compliance with the development standards during plan check. Staff estimates that projects processed under this alternative would be completed in 2 weeks (7 staff hours) unless ARB consideration is required for noncompliant projects. In the latter case, it is estimated that the ARB review would take 12 weeks (6 staff hours). If the project is appealed to Planning Commission, staff estimates an additional 13 weeks (25 staff hours) to prepare a project for Planning Commission consideration. Advantages: This process protects neighbors from the impacts of multiple concurrent construction projects and reduces likelihood of large-scale neighborhood change over a short period of time. It provides objective standards and a predictable process for applicants, staff and the public. It develops a neighborhood vision and uses rigorous and consistent standards to implement that vision. It eliminates the need for multiple reviews by staff, applicants and the public. Larger projects and their associated neighborhood impacts are subject to the public review process. It eliminates the ability of opponents to stall residential development projects through multiple appeals. Disadvantages: This alternative reduces opportunity for public comment on an incremental, project- 11 specific basis for projects that comply with established standards. 5. Objective development standards, ARB review, hearing of ARB appeal by majority consent. Pursuant to this alternative, an applicant is required to comply with the development standards. Architectural Review Board approval would remain a requirement for all projects. However, the ARB’s decision may be appealed in writing, with an opportunity for rebuttal or rejection of the appeal. The decision to actually hear the appeal would be based on the written statements and by an affirmative vote of a majority of the appellant body (i.e. Planning Commission or City Council). Staff estimates that the processing time would be 12 weeks (6 staff hours) for an ARB approved project that is not appealed. If an appeal is filed but not set for hearing by the appellate body, the processing time would take an additional 4 weeks (2 staff hours). However, if the appeal is set for hearing, the processing time will be an additional 13 weeks (25 staff hours). Advantages: This alternative reduces opportunities to delay residential development projects and backlog Planning Commission agendas with appeals. It also provides an opportunity for public comment on project design and an opportunity to appeal the decision of the ARB in extraordinary cases. Further, it provides some reduction in the need for multiple reviews by staff, applicants and the public. And, of course, larger projects, with their associated neighborhood impacts, are subject to the public review process. 12 Disadvantages: This process provides less predictability and clarity in the project design review phase and, if the appellant body chooses to hear most appeals, it could create agenda backlogs. It would also effectively result in two appeal hearings since the Architectural Review Board hearing on whether to hear the appeal at a subsequent meeting could turn into a hearing on the merits of the appeal. 6. Existing code process (absent interim ordinance). Projects continue to be reviewed administratively or discretionarily as proscribed by the Municipal Code and Architectural Review Board consideration is required for all projects. The decision of the ARB may be appealed to the Planning Commission. Staff estimates that the typical project without any appeals would complete this process in 21 weeks (22 staff hours). However, if an appeal were filed, the processing time would increase an additional 13 weeks (25 staff hours). Advantages: This alternative includes opportunity for public input in the design of individual projects and the public review of larger projects that may generate neighborhood impacts. Disadvantages: The list of disadvantages includes more subjective design standards and a less 13 predictable design review process for applicants, staff and the public. The alternative also relies on incremental, project-specific design decisions to guide the development of the neighborhood. It also creates the potential for multiple reviews by staff, applicants and the public. It also provides an opportunity for opponents to stall residential development projects by filing appeals. Finally, it can result in backlogs of projects on the Planning Commission’s agendas. 7. Interim ordinance process. Under this alternative, approval by the Planning Commission is required for any project that exceeds 7,500-square feet. The Planning Commission’s determination is appealable to the City Council. Architectural Review Board approval, which may be appealed to the Planning Commission, is required for all projects. Staff estimates that the discretionary review process described here would take approximately 27 weeks (46 staff hours). If the Planning Commission determination is appealed, the process would last 40 weeks (71 staff hours). If the Architectural Review Board’s determination is appealed, staff estimates that processing time to be 40 weeks (71 staff hours). However, if both the Planning Commission and ARB decisions were appealed, the process would take 53 weeks (96 staff hours). Advantages: This alternative provides an opportunity for public input in the development and design of individual projects. 14 Disadvantages: More subjective development and design standards and a less predictable development and design review process for applicants, staff and the public is just one of this alternatives disadvantages. This alternative also relies on incremental, project-specific development and design decisions to guide the development of the neighborhood. This process creates the potential for multiple reviews by staff, applicants and the public. It provides an opportunity for opponents to stall residential development projects by filing multiple appeals. This alternative also creates the potential for disagreements between reviewing and appellant bodies regarding the vision for neighborhood design and development. Moreover, this process can create backlogs on the Planning Commission agendas and backlogs on the City Council agendas. 8. Community appeal process (Planning Commission recommendation). This scenario requires a three-week notice period prior to a developer-hosted public meeting, followed by 30-day comment period. At the close of this comment period, an application may be filed with the City that commences a second 30-day review and comment period. During this time anyone may request a Planning Commission hearing on the proposed project. The decision of the Planning Commission is final unless appealed to the City Council. Consideration by the Architectural Review Board of a buildings exterior design features is required for all projects. The Board’s determination is final, unless appealed to the Planning Commission. Staff estimates that projects 15 following this recommended process would take 24 weeks (13 staff hours). Given various combinations of hearings and appeals, application processing under this scenario could take up to 64 weeks (107 staff hours). Advantages: The advantage of this procedure is that is provides an opportunity for public input in the development and design of individual projects. Disadvantages: Staff is concerned about the disadvantages associated with this recommendation. These include an impermissible delegation of the City’s authority to review and approve a project to the public. It adds additional steps to the development review process, reducing clarity and predictability for applicants, staff and the public. The process also results in more subjective development and design standards and an unpredictable development and design review process for applicants, staff and the public. It further causes neighborhood development to be guided by the use of incremental, project- specific development and design decisions. It creates the potential for multiple reviews by staff, applicants and the public. It provides an opportunity for opponents to stall residential development projects through multiple appeals. The process creates the potential for disagreements between reviewing and appellant bodies regarding the vision for neighborhood design and development. And, the process could create significant backlogs on the Planning Commission agendas and backlogs on the City 16 Council agenda. It should also be noted that under this scenario, any project, regardless of size, could require discretionary review before Planning Commission, or City Council on an appeal. OTHER ISSUES Single Family Review Process Currently single-family homes are exempt from Architectural Review Board approval if the property is located in the R1 zoning district. The proposed ordinance takes this same approach for single-family homes located in multi-family districts. Staff is proposing that single-family homes throughout the City be exempt from Architectural Review Board approval. These are low intensity projects that would be exempt from design review but for the fact the property is located in a multi-family zone. The current review process adds time and costs to homeowners who want to remodel, create an addition or develop a new house. In an effort to address these issues, staff is recommending a revised approach to single family projects. Interim Ordinance Extension The City Council adopted an emergency ordinance that modified the development standards in the multifamily districts and the demolition standards citywide and has subsequently extended this ordinance. This interim ordinance will expire on June 13, 2004 unless extended prior to that date pursuant to Santa Monica Municipal Code Section 9.04.20.16.060. 17 Since the Council continued the April 13, 2004 public hearing, which included introduction and first reading of the proposed ordinance to May 11, 2004, there is insufficient time for the adoption of a permanent ordinance prior to the expiration of the interim ordinance. Therefore, staff is proposing that the provisions of Ordinance No. 2042 be extended until August 30, 2004 to provide for additional time. No changes are proposed to the provisions of Ordinance No. 2042 (CCS). CEQA STATUS The project is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State Implementation Guidelines in that the project does not establish different development density/intensity standards than those existing in the R2, R3, and R4 zoning districts. The proposed development standards are equivalent to the density, height, parcel coverage, and setback standards currently governing multifamily development in the City of Santa Monica. Furthermore, the proposed standards enhance the environment by requiring additional setbacks, stepbacks, creating more open space, improving aesthetics, and create buildings with improved massing and less impact on adjacent existing structures. As individual projects that require discretionary approval under the proposed process are submitted for approval, they will be individually reviewed pursuant to the 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 the provisions and requirements of the CEQA. 18 PUBLIC NOTIFICATION Pursuant to Government Code Section 65804, notice of the public hearing for the Text Amendment was published in the “California” Section of the Los Angeles Times newspaper at least ten consecutive calendar days prior to the hearing. Notice of the public hearing was also sent to all neighborhood organizations, local architects, and posted on the City’s Web site. A copy of the notice is contained in Attachment D. A public notice similar to the one published in the Los Angeles Times has been placed at the public planning counter to provide additional public notice. BUDGET/FINANCIAL IMPACT The recommendation presented in this report has no budget or fiscal impacts. CONCLUSION The two ordinances create an appealing and contextually sensitive multiple-family prototype building. While staff believes the original recommendation is the preferred approach to project review, the alternative process provides a balance between creating a timely and effective process and facilitating public participation in the City’s review of development applications. By requiring a public meeting where the project is discussed by surrounding neighbors and preserving an appeal for members of the public who have concerns over compliance with the design standards, the alternative process strikes a measured balance. 19 The alternative process also holds positive aspects for the City. First, it addresses priorities identified by the community and City Council in terms of consistency, predictability, flexibility, innovation, and efficiency. Second, it provides more time for the Planning Commission and Architectural Review Board to focus on larger development projects, land use policy projects that will have fundamental consequences for the City’s future, and the establishment of neighborhood specific guidelines. Finally, staffing resources can be reallocated to policy work instead of individual project review. RECOMMENDATION It is recommended that the City Council adopt an Emergency Interim Ordinance extending the provisions of Interim Ordinance 2042 (CCS) and consider the two ordinances (Attachment A and B) for introduction and first reading. Prepared by: Suzanne Frick, Director Amanda Schachter, Acting Planning Manager Jonathan Lait, AICP, Senior Planner Bill Rodrigues, AICP, Associate Planner City Planning Division Planning and Community Development Department 20 ATTACHMENTS: A. Emergency Ordinance: See newly adopted Ordinance No. 2123 (CCS) B. Proposed Revised Ordinance Text C. Proposed Original Ordinance Text D. Notice of Public Hearing ATTACHMENT A 21 Emergency Ordinance 22 f:\atty\muni\laws\barry\04TA-003.2-1.wpd City Council Meeting 5-11-04 Santa Monica, California ORDINANCE NUMBER (CCS) (City Council Series) ANINTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA EXTENDING THE MODIFICATIONS TO DEVELOPMENT STANDARDS AND BUILDING HEIGHT PROJECTIONS FOR PROJECTS DEVELOPED WITHIN THE R2 LOW DENSITY MULTIPLE FAMILY RESIDENTIAL, R3 MEDIUM DENSITY MULTIPLE FAMILY RESIDENTIAL AND R4 HIGH DENSITY MULTIPLE FAMILY RESIDENTIAL DISTRICTS AND TO THE REQUIREMENTS FOR DEMOLITION PERMITS AND DECLARING THE PRESENCE OF AN EMERGENCY 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) On May 25, 1999, the City Council adopted a moratorium on multi-family development in the City's multi-family districts in response to dramatic changes in state law, a substantial increase in the rate of development, and an unprecedented loss of affordable housing. (b) The specific factors compelling the moratorium adoption were detailed in Ordinance Number 1944 (CCS) and Ordinance Number 1947 (CCS) and included the following: the unprecedented increase in economic activity in which land values have skyrocketed and the rate of multi-family construction tripled, the detrimental consequences of this construction rate which impacted the City as a whole and the daily lives of residents 23 who had to cope with the noise and interference caused by construction, the significant shift in the City's demographics occurring due to the vast majority of new, privately-built units only being affordable to upper income individuals, the adoption of the Costa-Hawkins Rental Housing Act of 1995 which has severely weakened local rent control and resulted in a dramatic reduction in the City's affordable housing stock, and the threat posed by these dramatic changes to the existing character of the City's neighborhoods and its unique natural environment. (c) The City Council adopted this moratorium to provide the City sufficient time to evaluate the effects of this high rate of development and to develop appropriate requirements and programs to preserve the City's character, diversity, and quality of life in this period of drastic change. (d) The moratorium was extended twice and expired on May 17, 2000. (e) In adopting the moratorium, the City Council directed staff, in part, to evaluate the rate and nature of construction in multi-family neighborhoods and assess appropriate responses. (f) As detailed herein, and in Ordinance Number 1971 (CCS), Ordinance Number 1977 (CCS), and Ordinance Number 2042(CCS), these interim ordinances were prepared in response to this evaluation. (g) Due to the strong local and regional economy, the demand for housing in the City has increased dramatically in recent years. In 1999, development activity in the multi- family districts of the City showed a 246% increase over 1997/1998 and a 533% increase 24 over 1996. Despite the recent national downturn in the economy, the City’s housing production continues to be substantial. (h) In addition to housing production, real estate values in the City have also continued to skyrocket. While home prices fall significantly over the middle 1990's, by the Year 2000, they had regained much of their value, with the median price condominium approaching $500,000.00 in certain areas of the City. The ascent of housing prices continues unabated. (i) A significant amount of the City’s residential housing stock was built prior to the 1960's. Parcels developed with older structures tend to be developed at heights and massing that are less than what is currently allowed by zoning. Given current economic conditions, there are significant incentives for this older housing to be redeveloped with housing built to the maximum authorized development standards. The redevelopment of these currently underdeveloped properties at greater height and mass would result in the loss of views, light, and open space and could pose a threat to the existing character of neighborhoods and the City’s unique natural environment. (j) Maintaining the unique character of Santa Monica’s neighborhoods is important for many reasons. City residents value their neighborhoods. The preservation of neighborhoods promotes a sense of belonging and loyalty from residents. It provides residents with quiet enjoyment in their homes and a community which exists on a pedestrian friendly scale. Design and development standards which are sensitive to existing neighborhood conditions can further environmental and social goals. 25 (k) The demand for housing has also threatened the character of existing neighborhoods through the proposed demolition of structures, including bungalow style and courtyard style housing developments, which have potential historic or architectural significance. (l) The potential for larger scale development in the R2 Low Density Multiple Family Residential, R3 Medium Density Multiple Family and R4 High Density Multiple Family districts under the current development and height projection standards contained in the Zoning Ordinance poses a current and immediate threat to the public health, safety and welfare of the nearby residents and the approval of permits for such development has the potential to be incompatible with the scale and character of existing neighborhoods and would result in a threat to the public health, safety and welfare. (m) The requirements for demolition permits contained in the Zoning Ordinance pose a current and immediate threat to the public health, safety and welfare of the nearby residents in that the character of existing neighborhoods can be permanently impacted as potentially historic and/or architecturally significant buildings which are less than 50 years old are demolished. (n) For the reasons stated above, the Zoning Ordinance requires review and revision as it pertains to the appropriate development standards in the R2 Low Density Multiple Family Residential, R3 Medium Density Multiple Family Residential and R4 High Density Multiple Family Residential Districts and to the review requirements for the issuance of demolition permits for older structures. For the reasons described above, the City Council finds that the potential for development of housing in the City’s multi-family 26 residential zones under the standards established in the Zoning Ordinance prior to the comprehensive review of the City’s housing and land use policies and regulations presents a current and immediate threat to the public peace, health, safety, and welfare. If urgent action is not taken, irreversible development activity will occur, thereby committing scarce land resources to development that may not be in the best interests of the residents of the City. (o) Pending completion of this review and revision, in order to protect the public health, safety and welfare, it is necessary on an interim basis to change the current development and projection standards within the R2 Low Density Multiple residential, R3 Medium Density Multiple Family Residential and R4 High Density Multiple Family Residential Districts in the following manner: reduce allowable building height with an incentive for pitched roofs; reduce building mass by requiring additional setbacks from the minimum required setback lines, require outdoor private open space for all units, require additional landscaping, and provide greater building articulation by requiring more separation in plane along the side building facades. The interim development standards are necessary to ensure that the character of the City’s multi-family neighborhoods is not irreversibly changed through incompatible and insensitive development. These standards are designed to protect the existing neighborhood character and to ensure that new development integrates and is compatible with the surrounding residential area. The proposed standards will change lot development patterns, reduce building height and bulk, provide open space and landscaping, let more light enter between buildings, and reduce building shadows on adjacent lots. These standards will result in new development which 27 is much more in scale and character with existing housing in the multi-family neighborhoods. (p) In addition, pending completion of this review and revision, in order to protect the public health, safety and welfare, it is necessary on an interim basis to change the current the requirements for the issuance of demolition permits in the following manner: require Landmarks Commission review of any proposed demolition of a structure which is 40 years of age or older in order to assess whether demolition would result in the removal of a potentially historic and/or architecturally significant building, adversely affecting the character of existing neighborhoods in the City. (q) In light of the above-mentioned concerns, the City Council adopted Ordinance Number 1971(CCS) on May 2, 2000 modifying the development standards in the Zoning Ordinance. The City Council extended Ordinance Number 1971 (CCS) on June 13, 2000 through the adoption of Ordinance Number 1977 (CCS) and on April 9, 2002 through the adoption of Ordinance Number 2042 (CCS). However, that ordinance will expire on June 13, 2004. (r) On November 5, 2003, the Planning Commission and the Architectural Review Board held a joint meeting to review proposed revised development standards for the City's R2, R3, and R4 zoning districts. (s) On March 3, 2004, the Planning Commission held a public hearing to adopt a Resolution of Intention which stated the Commission's intention to recommend modification of the City's Zoning Ordinance to the City Council. 28 (t) On March 17, 2004, the Planning Commission held a public hearing on the proposed text amendment and recommended that the City Council approve the proposed text amendment with certain specified modifications. (u) On April 13, 2004, the City Council reviewed and considered an ordinance that would modify development standards, design standards, and review procedures in the R2, R3, and R4 zoning districts, but continued discussion of this matter to May 11, 2004. These new provisions will not be effective prior to the expiration of the current interim ordinance. Due to these circumstances, the current interim ordinance must be extended. (v) As described above, the City Council finds that another interim ordinance is necessary because the development of multi-family housing in the R2, R3 and R4 zoning districts under existing standards and the demolition of potentially historic and/or architecturally significant buildings less than 50 years old without Landmark Commission review constitutes a current and immediate threat to the public safety, health and welfare. Approval of additional development inconsistent with the proposed interim standards would result in a threat to the public health, safety or welfare. Consequently, this ordinance extends the provisions of Ordinance Number 1971 (CCS), Ordinance Number 1977 (CCS), and Ordinance Number 2042 (CCS) up to and including August 30, 2004, establishing on an interim basis the following standards for the R2, R3 and R4 zoning districts and requirements for approval of demolition permits. 29 SECTION 2. Interim Zoning. (a) All property in the R2, R3 and R4 zoning districts shall be developed in accordance with the development standards for each zoning district specified in the Santa Monica Zoning Ordinance except as these standards have been modified as follows: R2 Maximum Building Height. (1) Two stories not to exceed twenty-three feet for a flat roof, and thirty feet for a pitched roof, except that there shall be no limitation on the number of stories of any affordable housing project, as long as allowed building height is not exceeded. A pitched roof is defined as a roof with at least two sides having no less than one foot of vertical rise for every three feet of horizontal run. The exterior walls of the building may not exceed the maximum height for a flat roof except that portion of the wall within a roof gable. R3 Maximum Building Height. (2) Three stories, not to exceed thirty-five feet for a flat roof or forty feet for a pitched roof, except that there shall be no limitation on the number of stories of any affordable housing project, as long as allowed building height is not exceeded. A pitched roof is defined as a roof with at least two sides having no less than one foot of vertical rise for every three feet of horizontal run. The exterior walls of the building may not exceed the maximum height for a flat roof except that portion of the wall within the roof gable. R4 Maximum Building Height. (3) Four stories, not to exceed forty feet for a flat roof or forty-five feet for a pitched roof, except that there shall be no limitation on the number of stories of any affordable housing project, as long as allowed building height is not exceeded. A pitched roof is defined as a roof with at least two sides having no less 30 than one foot of vertical rise for every three feet of horizontal run. The exterior walls of the building may not exceed the maximum height for a flat roof except that portion of the wall within the roof gable. Front Yard Setback. (4) Twenty feet, or as shown on the Official Districting Map, whichever is greater. At least twenty-four percent of the front elevation from the grade level up to fourteen feet in height shall provide an additional five-foot average setback, and thirty percent of the front elevation above fifteen feet in height shall provide an additional ten-foot average setback from the minimum front yard setback. Side Yard Setback. (5) The side yard setback shall be determined in accordance with the following formula, except for lots of less than fifty feet in width for which the side yard shall be ten percent of the parcel width but not less than four feet: ? 5' + (stories lot width) 50' In the R2, R3 and R4 zoning districts, no more than fifty percent of the side building facade between three feet and thirteen feet above grade may be at the same parallel plane. A minimum separation of at least two feet is required between parallel planes. A building façade is defined as the exterior wall of the building. Compliance with this requirement shall be demonstrated by a lineal measurement of the side building façade. In the R2, R3 and R4 zoning districts, between thirteen and thirty feet above grade, no more than fifty percent of the side building façade may be at the same parallel plane. A minimum separation of at least two feet is required between parallel planes. Compliance with this requirement shall be demonstrated by a lineal measurement of the side building 31 façade. Portions of the building façade between thirteen feet and thirty feet above grade shall provide an additional four-foot average setback from the required minimum side yard setback. A building façade is defined as the exterior wall of the building. Compliance with this requirement shall be demonstrated by a volumetric measure. Setback area adjacent to a rooftop projection (i.e. mechanical equipment rooms, stairways and elevator shafts, and other building projections permitted pursuant to Santa Monica Municipal Code Section 9.04.10.02.180) or other non-habitable area shall not count toward the additional stepback requirement. The area between twenty-three feet and thirty feet in height above a pitched roof shall not be considered for calculation of required separation in plane or additional setback area. In the R3 district, no more than fifty percent of the side building facade between thirty feet and forty feet above grade may be at the same parallel plane. A minimum separation of at least two feet is required between parallel planes. Compliance with this requirement shall be demonstrated by a lineal measurement of the side building façade. Portions of the building façade between thirty feet and forty feet in height above grade shall provide an additional eight-foot average setback from the required minimum side yard setback. A building façade is defined as the exterior wall of the building. Compliance with this requirement shall be demonstrated by a volumetric measure. Setback area adjacent to a rooftop projection (i.e. mechanical equipment rooms, stairways and elevator shafts, and other building projections permitted pursuant to Santa Monica Municipal Code Section 9.04.10.02.180) or other non-habitable area shall not count toward the additional stepback requirement. The area between thirty-five feet and forty feet in height above a pitched roof 32 shall not be considered for calculation of required separation in plane or additional setback area. In the R4 district, no more than fifty percent of the side building facade between thirty feet and forty-five feet above grade may be at the same parallel plane. A minimum separation of at least two feet is required between parallel planes. Compliance with this requirement shall be demonstrated by a lineal measurement of the side building façade. Portions of the building façade between thirty feet and forty-five feet in height above grade shall provide an additional eight-foot average setback from the required minimum side yard setback. A building façade is defined as the exterior wall of the building. Compliance with this requirement shall be demonstrated by a volumetric measure. Setback area adjacent to a rooftop projection (i.e. mechanical equipment rooms, stairways and elevator shafts, and other building projections permitted pursuant to Santa Monica Municipal Code Section 9.04.10.02.180) or other non-habitable area shall not count toward the additional stepback requirement. The area between forty and forty-five feet in height above a pitched roof shall not be considered for calculation of required separation in plane or additional setback area. Usable Private Open Space. (6) All units shall have the following minimum amounts of usable private space per unit: one hundred square feet for projects with four or five units, and fifty square feet for projects of six units or more. Private open space shall include a deck, yard, patio or combination thereof which is adjacent to, accessible from, and at the same or approximate elevation as the primary space. 33 Maximum Unit Density. (7) Density shall be the same as the existing standards for each zoning district specified in the Santa Monica Zoning Ordinance subject to the following exceptions: (A) With regard to affordable housing projects in which one hundred percent of the proposed units are deed-restricted for very low or moderate income, the density may be one dwelling unit for every nine hundred square feet of parcel area in the R3 District and one dwelling unit for every twelve hundred fifty square feet in the R2 District. (B) The density on parcels consolidated after the effective date of this Ordinance with a total square footage greater than fifteen thousand square feet or exceeding a combined street frontage of one hundred feet shall be one dwelling unit for every fifteen hundred square feet in the R3 District, and one dwelling unit for every two thousand square feet in the R2 District. Required Landscaping. (8) All property shall be developed in accordance with the same standards as those required in Santa Monica Municipal Code Part 9.04.10.04 for each zoning district, including the following: (A) A minimum of fifty percent of both required side yard setbacks shall be landscaped. (B) A minimum of two twenty-four-inch box tress shall be planted in the front yard setback. Construction Management Plan. (9) All projects costing one hundred thousand dollars or more, shall be required to provide a construction management site plan in the form and manner required by the Planning Commission. 34 Building Height and Exceptions to Height Limit. (10) (A) The maximum allowable height shall be measured vertically from the average natural grade elevation to the highest point of the roof. (B) The following shall be permitted to exceed the height limit in the R2, R3, and R4 zoning districts: 1. Vents, stacks, ducts, skylights and steeples provided such projections do not extend more than five feet above the permitted height in the District. 2. Legally required parapets, fire separation walls, and open work safety guard rails that do not exceed forty-two inches in height. 3. Elevator shafts or stairwell enclosures above the roofline if: a. The enclosure is used exclusively for housing the elevator or stairs. b. The elevator is required to provide accessibility for the disabled and the elevator shaft is no larger than necessary to provide adequate access for the repair and maintenance of the elevator as determined by the Building Officer. c. The stairwell enclosure is no larger than four feet by four feet in dimension and does not exceed ten feet in height above the roofline, unless a parapet is required, in which case the enclosure shall not exceed twelve feet in height above the roofline. d. The area of all enclosures and other structures identified in Section 2(a)(10)(B)1 that extend above the roofline shall not exceed twenty-five percent of the roof area. 4. Mechanical equipment may be above the roofline if it is screened in conformance with Santa Monica Municipal Code Section 9.04.10.02.140. A mechanical room enclosure above the roofline shall not be allowed unless a variance has been obtained pursuant to 35 Santa Monica Municipal Code Section 9.04.20.10.050, but in no case shall the enclosure exceed twelve feet in height above the height permitted in the district. 5. The screening required pursuant to the provisions of Santa Monica Municipal Code Section 9.04.10.02.140 of tanks, ventilating fans, or other mechanical equipment required to operate and maintain the building provided the total area enclosed by all screening does not exceed thirty percent of the roof area. 6. Chimneys may extend no more than five feet above the permitted height in the district; 7. One standard television receive-only nonparabolic antenna and one vertical whip antenna may extend no more than twenty-five feet above the roofline, provided that they are not located between the face of the main building and any public street or in any required front or side yard setback. All other antennas shall be subject to the provisions of Part 9.04.10.06 of the Santa Monica Municipal Code. (b) No demolition of buildings and structures shall be permitted except when all of the following conditions have been met: (1) A removal permit has been granted by the Rent Control Board, when required. (2) For residential buildings and structures, the final permit to commence construction for a replacement project has been issued, or the building or structure is exempt from this requirement pursuant to subsection (c) below. (3) A property maintenance plan has been approved in writing by the Director of Planning and the Building Officer. The Architectural Review Board shall adopt and the 36 Planning Commission shall approve guidelines and standards for property maintenance plans pursuant to Santa Monica Municipal Code Section 9.32.040. (4) If the original permit for the building or structure was issued more than forty years before the date of filing of the demolition permit application, the requirements of subsection (e) are satisfied. (c) The following buildings and structures are exempt from the requirements of subsection (b)(2): (1) Single-family dwellings which are located in the R1 District, any Commercial District, or any Industrial District and which are not controlled rental units under the Rent Control Law. (2) Buildings or structures which the Director of Planning and the Building Officer have determined to be a public nuisance. (3) Buildings and structures which were damaged by the January 17, 1994 Northridge Earthquake or its aftershocks, and which were yellow- or red-tagged by the City. (d) Prior to filing an application for a demolition permit, a notice of intent to demolish must be prominently posted on the property. Such notice shall be in a form approved by the City. (e) In addition to any other requirements imposed by this Section, no demolition of buildings or structures, the original permit for which was issued more than forty years before the date of filing of the demolition permit application, shall be permitted unless the following requirements have been met: 37 (1) Within seven days of receipt of all filing materials for a demolition permit for such structures, the City shall transmit a copy of such application to each member of the Landmarks Commission. Filing materials shall consist of a completed application form, site plan, eight copies of a photograph of the building and photo verification that the property has been posted with a notice of intent to demolish. (2) If no application for the designation of a structure of merit, a landmark or a historic district is filed in accordance with Santa Monica Municipal Code Sections 9.36.090, 9.36.120 or 9.36.130 within sixty days from receipt of a complete application for demolition, demolition may be approved subject to compliance with all other legal requirements, including this Section. (3) If an application for structure of merit designation is filed in accordance with Santa Monica Municipal Code Section 9.36.090(a) within sixty days from receipt of a complete application for demolition, no demolition permit may be issued until after a final determination is made by the Landmarks Commission, or the City Council on appeal, on the structure of merit designation application. The structure of merit application shall be processed in accordance with the procedures set forth in Santa Monica Municipal Code Section 9.36.090. (4) If an application for landmark designation is filed in accordance with Santa Monica Municipal Code Section 9.36.120(a) within sixty days from receipt of a complete application for demolition, no demolition permit may be issued until after a final determination is made by the Landmarks Commission, or the City Council on appeal, on the application for landmark designation. The landmarks application shall be processed in 38 accordance with the procedures set forth in Santa Monica Municipal Code Section 9.36.120. (5) If an application for historic district designation is filed in accordance with Santa Monica Municipal Code Section 9.36.130(a) within sixty days from receipt of a complete application for demolition, no demolition permit may be issued until after a final determination is made by the Landmarks Commission, or the City Council on appeal, on the application for historic district designation. The historic district application shall be processed in accordance with the procedures set forth in Santa Monica Municipal Code Section 9.36.130. SECTION 3. This Ordinance shall apply to any application for development projects deemed complete on or after May 2, 2000. SECTION 4. This ordinance shall be of no further force or effect after August 30, 2004. SECTION 5. This ordinance is declared to be an urgency measure adopted pursuant to the provisions of Section 9.04.20.16.060 of the Santa Monica Municipal Code and Section 615 of the Santa Monica City Charter. As set forth in the findings above, this ordinance is necessary for preserving the public peace, health, safety, and welfare. As an urgency measure, this ordinance is effective immediately upon adoption. 39 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 affect 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 upon its adoption. APPROVED AS TO FORM: MARSHA JONES MOUTRIE City Attorney 40 ATTACHMENT B Proposed Revised Ordinance Text 41 f:\atty\muni\laws\barry\04TA-003.2-2.doc City Council Meeting 5-11-04 Santa Monica, California ORDINANCE NUMBER (CCS) (City Council Series) ANORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA THAT MODIFIES DEVELOPMENT STANDARDS AND ESTABLISHES DESIGN STANDARDS FOR PROPERTIES IN THE R2 LOW DENSITY MULTIPLE FAMILY RESIDENTIAL, R3 MEDUIM DENSITY MULTIPLE FAMILY RESIDENTIAL AND R4 HIGH DENSITY MULTIPLE FAMILY RESIDENTIAL DISTRICTS, AMENDS THE APPLICATION REVIEW REQUIREMENTS FOR THE R2 LOW DENSITY MULTIPLE FAMILY RESIDENTIAL, R3 MEDIUM DENSITY MULTIPLE FAMILY RESIDENTIAL AND R4 HIGH DENSITY MULTIPLE FAMILY RESIDENTIAL DISTRICTS, BSCD BAYSIDE COMMERCIAL DISTRICT, C3 DOWNTOWN COMMERCIAL AND C3C DOWNTOWN COMMERCIAL OVERLAY DISTRICTS, ESTABLISHES EXEMPTIONS FOR SINGLE FAMILY DWELLINGS IN ALL DISTRICTS FROM DESIGN REVIEW, MODIFIES THE DEMOLITION PERMIT REQUIREMENTS, ADDS A DESIGN STANDARDS PERMIT REQUIREMENT, DELETES THE NW NORTH OF WILSHIRE OVERLAY DISTRICT, AND MODIFIES THE DEFINITIONS OF BASEMENT, BUILDING HEIGHT, FINISHED FIRST FLOOR, SEMI-SUBTERRANEAN GARAGE AND THEORETICAL GRADE WHEREAS, on May 25, 1999, the City Council adopted a moratorium on multi- family development in the City's multi-family districts in response to dramatic changes in state law, a substantial increase in the rate of development, and an unprecedented loss of affordable housing; and WHEREAS, the specific factors compelling the moratorium adoption were detailed in Ordinance Number 1944 (CCS) and Ordinance Number 1947 (CCS) and included the following: the unprecedented increase in economic activity in which land values have skyrocketed and the rate of multi-family construction tripled, the detrimental consequences of this construction rate which impacted the City as a whole and the daily lives of residents who had to cope with the noise and interference caused by construction, the significant 42 shift in the City's demographics occurring due to the vast majority of new, privately-built units only being affordable to upper income individuals, the adoption of the Costa-Hawkins Rental Housing Act of 1995 which has severely weakened local rent control and resulted in a dramatic reduction in the City's affordable housing stock, and the threat posed by these dramatic changes to the existing character of the City's neighborhoods and its unique natural environment; and WHEREAS, the City Council adopted this moratorium to provide the City sufficient time to evaluate the effects of this high rate of development and to develop appropriate requirements and programs to preserve the City's character, diversity, and quality of life in this period of drastic change; and WHEREAS, the moratorium was extended twice and expired on May 17, 2000; and WHEREAS, in adopting the moratorium, the City Council directed staff, in part, to evaluate the rate and nature of construction in multi-family neighborhoods and assess appropriate responses; and WHEREAS, as detailed herein, and in Ordinance Number 1971 (CCS), Ordinance Number 1977 (CCS), and Ordinance Number 2042 (CCS), these interim ordinances were prepared in response to this evaluation; and WHEREAS, due to the strong local and regional economy, the demand for housing in the City increased dramatically in the late 1990’s; and WHEREAS, notwithstanding the more recent economic downturn, housing production in the City continues to be substantial; and WHEREAS, in addition to housing production, real estate values in the City have continued to skyrocket. While home prices fell significantly over the early to mid 1990's, by 2000, they had regained much of their value, with the median price condominium 43 approaching $500,000.00 in certain areas of the City; and WHEREAS, the ascent of housing prices continues unabated to date, reaching unprecedented levels; and WHEREAS, a significant amount of the Citys residential housing stock was built = prior to the 1960's and parcels developed with older structures tend to be developed at heights and massing that are less than what is currently allowed by zoning; and WHEREAS, given current economic conditions, there are significant incentives for this older housing to be redeveloped with housing built to the maximum authorized development standards; and WHEREAS, the redevelopment of these currently underdeveloped properties at greater height and mass would result in the loss of views, light, and open space and could pose a threat to the existing character of neighborhoods and the Citys unique natural = environment; and WHEREAS, maintaining the unique character of Santa Monicas neighborhoods is = important for many reasons: City residents value their neighborhoods; the preservation of neighborhoods promotes a sense of belonging and loyalty from residents and provides residents with quiet enjoyment in their homes and a community which exists on a pedestrian friendly scale; and design and development standards which are sensitive to existing neighborhood conditions can also further environmental and social goals; and WHEREAS, the demand for housing has also threatened the character of existing neighborhoods through the proposed demolition of structures, including bungalow style and courtyard style housing developments, which have potential historic or architectural significance; and WHEREAS, the potential for larger scale development in the R2 Low Density 44 Multiple Family Residential, R3 Medium Density Multiple Family and R4 High Density Multiple Family districts under the current development and height projection standards contained in the Zoning Ordinance posed and continues to pose a current and immediate threat to the public health, safety and welfare of the nearby residents and the approval of permits for such development has the potential to be incompatible with the scale and character of existing neighborhoods and would result in a threat to the public health, safety and welfare; and WHEREAS, the requirements for demolition permits contained in the Zoning Ordinance posed and continue to pose a current and immediate threat to the public health, safety and welfare of the nearby residents in that the character of existing neighborhoods can be permanently impacted as potentially historic and/or architecturally significant buildings which are less than 50 years old are demolished, yet currently, the proposed demolition of homes greater than 40 years old, but less than 50 years old, are not subject to Landmark Commission review; and WHEREAS, in light of the above-mentioned concerns, the City Council adopted Ordinance Number 1971(CCS) on May 2, 2000 modifying the development standards in the Zoning Ordinance and the City Council extended Ordinance Number 1971 (CCS) on June 13, 2000 through the adoption of Ordinance Number 1977 (CCS) and on April 9, 2002 through the adoption of Ordinance Number 2042 (CCS) which will expire on June 13, 2004; and WHEREAS, these interim ordinances changed the current development and projection standards within the R2 Low Density Multiple residential, R3 Medium Density Multiple Family Residential and R4 High Density Multiple Family Residential Districts in the following manner: reduce allowable building height with an incentive for pitched roofs; 45 reduce building mass by requiring additional setbacks from the minimum required setback lines, require outdoor private open space for all units, require additional landscaping, and provide greater building articulation by requiring more separation in plane along the side building, adversely affecting the character of existing neighborhoods in the City; and WHEREAS, on November 5, 2003, the Planning Commission and the Architectural Review Board held a joint meeting to review proposed revised development standards for the City’s R2, R3, and R4 zoning districts; and WHEREAS, on March 3, 2004, the Planning Commission held a public hearing to adopt a Resolution of Intention which stated the Commission’s intention to recommend modifications of the City’s Zoning Ordinance to the City Council; and WHEREAS, on March 17, 2004, the Planning Commission held a public hearing on the proposed text amendment and recommended that the City Council approve the proposed text amendment with certain specified modifications; and WHEREAS, if the development and design standards contained in the Zoning Ordinance are not revised, additional housing and additions to existing buildings will be developed that would severely impact existing residences and that would be incompatible with the scale and character of existing neighborhoods; 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 Policy 1.10.1 which states 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 46 development of new housing in residential neighborhoods is designed to fit within the existing neighborhood contexts; and WHEREAS, the proposed standards will result in new development that is much more in scale and character with existing housing in the multi-family neighborhoods, will ensure the new development integrates and is compatible with surrounding residential uses and will maintain the unique character of Santa Monica’s multifamily neighborhoods; and WHEREAS, the public health, safety, and general welfare require the adoption of the proposed amendment in that the potential for larger scale development in the City’s multifamily residential districts under the development and height projections standards of the Zoning Ordinance poses a threat to the health, safety, and general welfare because such development has the potential to be incompatible with the scale and character of existing neighborhoods and the proposed text amendment would ensure that the future development is compatible with development in the surrounding neighborhood by changing the placement of buildings on parcels, reducing building height and bulk, providing for additional open space and landscaping and increasing the amount of light between buildings. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDIAN AS FOLLOWS: Section 1. Santa Monica Municipal Code Section 9.04.02.030-115 is hereby amended to read as follows: 9.04.02.030-115 Basement. The portion of a structure below the finished first floor. A basement shall be considered a 47 story if the finished floor level above extends more than three feet above the average Deleted: first natural or in the Ocean Park, R2, R3, and R4 Districts, theoretical grade. SECTION 2. Santa Monica Municipal Code Section 9.04.02.030-155 is hereby amended to read as follows: 9.04.02.030-155 Building height. The vertical distance measured from the average natural grade to the highest point of the roof. However, in connection with development projects in the Ocean Park, R2, R3, and R4 Districts, building height shall mean the vertical distance measured from the theoretical grade to the highest point of the roof. SECTION 3. Santa Monica Municipal Code Section 9.04.02.030-310 is hereby amended to read as follows: 9.04.02.030-310 Finished first floor. The top of the first floor of a structure which does not extend more than three feet above the average natural or in the Ocean Park, R2, R3, and R4 Districts, theoretical grade. SECTION 4. Santa Monica Municipal Code Section 9.04.02.030-335 is hereby amended to read as follows: 9.04.02.030-335 Garage, semi-subterranean. A structure located partly underground used for parking and storage of vehicles, where the finished floor of the first level of the structure is not more than three feet above the average natural grade, or in the Ocean Park, R2, R3, and R4 Districts, theoretical grade , except for Deleted: of the parcel openings for ingress and egress. SECTION 5. Santa Monica Municipal Code Section 9.04.02.030-355 is hereby amended to read as follows: 9.04.02.030-355 Grade, theoretical. An imaginary line from the midpoint of the parcel on the front property line to the midpoint of the parcel on the rear property line, from which height calculations in the R2, R3, R4 and Ocean Park District are measured. SECTION 6. Part 9.04.08.06 of the Santa Monica Municipal Code is hereby amended to read as follows: 48 Part 9.04.08.06 Multiple Family Residential Districts Deleted: R2 Low Density Section 9.04.08.06.010 Purpose. Low Density Multiple Family Residential District (R2). (a) The R2 District is intended to provide a low density multiple family residential neighborhood (zero to twenty-nine dwelling units per net residential acre) free of disturbing noises, excessive traffic, and hazards created by moving automobiles. The R2 District is designed to prevent burdens on the public facilities, including sewer, water, electricity and schools by an influx and increase of people to the degree larger than the City's geographic limits, tax base or financial capabilities can reasonably and responsibly accommodate. The R2 District affords protection from deleterious environmental effects and serves to maintain and protect the existing character and state of the residential neighborhood. Medium Density Multiple Family Residential District (R3). (b) The R3 District is intended to provide a broad range of housing within medium density multiple family residential neighborhoods (zero to thirty-five dwelling units per net residential acre) free of disturbing noises, excessive traffic, and hazards created by moving automobiles. The R3 District is designed to prevent burdens on the public facilities, including sewer, water, electricity and schools by an influx and increase of people to the degree larger than the City's geographic limits, tax base or financial capabilities can reasonably and responsibly accommodate. The R3 District affords protection from deleterious environmental effects and serves to maintain and protect the existing character and state of the residential neighborhood. High Density Multiple Family Residential District (R4). (c) The R4 District is intended to provide a broad range of housing within high density multiple family residential neighborhoods (zero to forty-eight dwelling units per net residential acre) free of disturbing noises, excessive traffic, and hazards created by moving automobiles. The R4 district is designed to prevent burdens on the public facilities, including sewer, water, electricity and schools by an influx and increase of people to the degree larger than the City's geographic limits, tax base or financial capabilities can reasonably and responsibly accommodate. The R4 district affords protection from deleterious environmental effects and serves to maintain and protect the existing character and state of the residential neighborhood. Section 9.04.08.06.020 Allowed land uses. Deleted: Permitted Table 9.04-1 (Land Uses Allowed in Multiple Family Residential Districts) identifies allowed land uses in the R2, R3, and R4 zoning districts. Land uses designated with the letter “P” are permitted in that district subject to standards referenced under the Additional Regulations column. Land uses designated with the letters “PSP” require a Performance Standards Permit and are subject to further standards set forth under the Additional Regulations column. Land uses designated with the letters “CUP” require a Conditional Use Permit and are subject to further standards set forth under the Additional Regulations column. Land uses that have no letter designation are not permitted in that particular district. Rooftop parking is not permitted in any multiple family residential district. Any land use not specifically authorized is prohibited. 49 TABLE 9.04-1 LAND USES ALLOWED IN MULTIPLE FAMILY RESIDENTIAL DISTRICTS ADDITIONAL LAND USE R2 R3 R4 REGULATIONS Bed and breakfast facilities. CUP CUP CUP 9.04.20.12 Boarding houses. CUP CUP CUP 9.04.20.12 9.04.14.030 Child day care centers. CUP CUP CUP 9.04.20.12 Clubs or lodges. CUP 9.04.20.12 Community care facilities. CUP CUP CUP 9.04.20.12 Congregate housing. P P P Domestic violence shelters. P P P Homeless Shelters. CUP CUP 9.04.20.12 Hospice facilities. P P P Hotels. P P 9.04.08.06.020 (a) Hotels with incidental businesses. CUP 9.04.20.12 9.04.12.030 Large family day care homes. PSP PSP PSP 9.04.20.08 Libraries. CUP CUP 9.04.20.12 Multi-family dwelling units. P P P 9.04.08.06.020 (b) Municipal parking structures. CUP 9.04.20.12 9.04.14.080 Neighborhood grocery stores. CUP CUP CUP 9.04.20.12 Offices and meeting rooms for 9.04.20.12 charitable, youth and welfare CUP CUP CUP organizations. One story accessory buildings over 14 9.04.08.06.020 (c) feet in height or two story accessory 9.04.10.02.110 CUP CUP CUP buildings up to a maximum height of 24 9.04.14.110 feet. 9.04.20.12 One-story accessory buildings and 9.04.08.06.020 (c) P P P structures up to 14 feet in height. 9.04.10.02.100 9.04.08.06.020 (c) 9.04.08.06.020 (d) One-story accessory living quarters. PSP PSP PSP 9.04.12.080 9.04.20.08 Places of worship. CUP CUP CUP 9.04.20.12 9.04.12.060 Private tennis courts. PSP PSP PSP 9.04.20.08 Public parks and playgrounds. P P P Residential care facilities. CUP CUP CUP 9.04.20.12 Rest homes. CUP CUP CUP 9.04.20.12 Schools. CUP CUP CUP 9.04.20.12 Senior group housing. P P P Senior housing. P P P Single room occupancy housing. P P P Single-family dwellings. P P P 9.04.08.06.020 (e) Small family day care homes. P P P Transitional housing. P P P 9.04.08.06.020 (f) Underground parking structures. CUP CUP CUP 9.04.20.12 Yard sales. P P P 9.04.08.06.020 (g) Additional Land Use Regulations for the R2, R3, and R4 Districts: : Deleted: The following uses shall b (a) Hotels in existence as of January 1, 1995, or their replacement with a new hotel Deleted: e permitted in the R2 District at an existing hotel site in conformance with the physical development standards in effect 50 Formatted Formatted Formatted permitted in the R2 District subject to ¶¶authorized. commercially zoned parcel and as far underground parking is from the parcel, and the vehicle access to the nt commercially zoned with an adjacespace uses, the structure is associated for residential or public park and open underground parking structure is used C2 District, the ground level above the time of adoption of this Chapter, the the occupied by a surface parking lot at structures provided the parcel was ¶four feet.-maximum height of twentytwo story accessory buildings up to a et in height or buildings over fourteen fe¶organizations.for charitable, youth, and welfare ¶stores.¶Permit:the approval of a Conditional Use permitted in the R2 District subject to uses.¶¶ten thousand square feet.a of on a parcel having a minimum arequarters, up to fourteen feet in height, ¶homes.¶standards permit:the approval of a performance at the time of such replacement and located in a R2 or R3 zone in an area bounded by the Deleted: Congregate housing. th centerline of Ocean Avenue to the west, the centerline of 14 Court to the east, the Deleted: Domestic violence shelters. centerline of Wilshire Boulevard to the south and the centerline of Montana Avenue to the Deleted: Hospice facilities. north, and including those R2 and R3 parcels on the north side of Montana Avenue within Deleted: Multi-family dwelling units. the east and west boundaries, provided: Deleted: One-story accessory (1) There is no increase in the floor area of the hotel after January 1, 1995, buildings and structures up to fourteen (2) Any increase in the number of rooms is accomplished through subdivision of feet in height. rooms existing on January 1, 1995 and does not exceed five percent of the number of Deleted: Public parks and playgrounds. rooms existing on January 1, 1995, or five rooms, whichever is less, and Deleted: Senior housing. (3) All other Zoning Ordinance requirements are met, including parking Deleted: Senior group housing.¶ requirements for any addition of rooms after January 1, 1995. (b) Residential condominiums are also subject to the requirements set forth in Deleted: Single room occupancy housing.¶ subchapter 9.04.16 (Condominiums) and Chapter 9.20 (Subdivisions). Deleted: Single-family dwellings (c) Accessory buildings shall be architecturally compatible with the principal placed on a permanent foundation structure(s). (including manufactured housing).¶ (d) One-story accessory living quarters are limited to 14 feet in height. A minimum Deleted: Small family day care homes.¶ parcel area of 10,000 square feet is required. Deleted: Transitional housing.¶ (e) Single family homes, including manufactured housing, must be placed on a Deleted: Yard sales, limited to two per permanent foundation. calendar year, for each dwelling unit, (f) Underground parking structures may be conditionally permitted only if the for a maximum of two days.¶ subject parcel or parcels were occupied by a surface parking lot at the time of adoption of Deleted: Uses subject to performance standards permit. this Chapter, the parcel(s) is not adjacent to a parcel in the C2 District, the ground level above the underground parking structure is used for residential or public park and open space uses, the structure is associated with an adjacent commercially zoned parcel, and Deleted: The following uses may be the vehicle access to the underground parking is from the commercially zoned parcel and Deleted: Large family day care as far from the residentially zoned parcel as is reasonably possible. Deleted: One-story accessory living (g) Yard sales are limited to two per calendar year, for each dwelling unit, for a Deleted: Private tennis courts.¶ maximum of two days each. Deleted: Conditionally permitted Deleted: The following uses may be Section 9.04.08.06.030 [Reserved for Future Use] Deleted: Bed and breakfast facilities.¶ Deleted: Boarding houses.¶ Section 9.04.08.06.040 [Reserved for Future Use] Deleted: Child day care centers.¶ Deleted: Community care facilities.¶ Deleted: Libraries.¶ Section 9.04.08.06.050 [Reserved for Future Use] Deleted: Neighborhood grocery Section 9.04.08.06.060 Property development standards. Deleted: Offices and meeting rooms All property in the R2, R3, and R4 Districts shall be developed in accordance with the Deleted: One-story accessory standards set forth in Table 9.04-2: Deleted: Places of worship.¶ Deleted: Residential care facilities.¶ Deleted: Rest homes.¶ Deleted: Schools.¶ Deleted: Underground parking Deleted: Prohibited uses. Deleted: Rooftop parking.¶ Deleted: Any use not specifically Deleted: following 51 Formatted ... [1] ... [2] ... [3] ... [4] ... [5] ... [6] ... [7] ... [8] ... [9] ... [10] ... [11] TABLE 9.04-2 PROPERTY DEVELOPMENT STANDARDS FOR THE R2, R3, AND R4 MULTIPLE FAMILY RESIDENTIAL DISTRICTS ADDITIONAL R2 R3 R4 DEVELOPMENT REGULATIONS Minimum Parcel Dimensions: Area (square feet) 5,000 SF 5,000 SF 5,000 SF 9.04.08.06.060 (a) Width (feet) 50 50 50 Length (feet) 100 100 100 2 stories 3 stories 4 stories Maximum Building Height 9.04.08.06.060 (b) 23 feet 35 feet 40 feet Maximum Parcel Coverage (MPC): First Story 50% 50% 50% 9.04.08.06.060 (c) ststst 90% of 1 85% of 1 80% of 1 Formatted Second Story Story MPC Story MPC Story MPC stst 60% of 1 60% of 1 Third Story NA Story MPC Story MPC st 50% of 1 Fourth Story NA NA Story MPC Formatted Coverage 20, or as 20, or as 20, or as established in established in established in the Official the Official the Official Minimum Front Yard Districting Districting Districting Setback (feet) Map, Map, Map, whichever is whichever is whichever is greater greater greater Minimum Rear Yard 15 15 15 9.04.10.02.230 Formatted Setback (feet) Minimum Side Yard 8 8 8 9.04.08.06.060 (d) Setback (feet) Maximum Unit Density 9.04.08.06.060 (e) 1 / 1,500 SF 1 / 1,250 SF 1 / 900 SF (dwelling unit / area) 9.04.08.06.060 (f) Private Open Space: Four or five units 100 SF / Unit 100 SF / Unit 100 SF / Unit 9.04.08.06.060 (g) Six or more units 50 SF / Unit 50 SF / Unit 50 SF / Unit 9.04.08.06.060 (g) Development Review Permit Threshold (based 15,000 SF 22,500 SF 25,000 SF 9.04.08.06.060 (h) on project floor area) Additional Development Regulations for the R2, R3, and R4 Districts: (a) Parcels in existence prior to September 8, 1988 shall not be subject to this requirement. Deleted: Maximum Building Height. Two stories, not to exceed thirty feet, (b) The maximum building height may be exceeded in each district provided the except that there shall be no limitation maximum roof height does not exceed 30 feet in the R2 district, 40 feet in the R3 district, or on the number of stories of any affordable housing project, as long as 45 feet in the R4 district subject to the following criteria: : the building height does not exceed (1) In the R2 district, the building volume above twenty-three feet shall not exceed thirty feet. fifty percent of the parcel coverage of the story immediately below the twenty-three foot Deleted: Maximum Unit Density. One dwelling unit for each one thousand five height elevation, multiplied by seven. For purposes of calculating a story’s parcel hundred square feet of parcel area. No coverage, area measurements shall extend to the outside surface of exterior walls. No more than one dwelling unit shall be permitted on a parcel of less than four portion of the building volume above twenty-three feet shall encroach into a plane starting thousand square feet if a single family at twenty-three feet above the front setback line and sloping upward at a 45-degree angle dwelling existed on the parcel on September 8, 1988. 52 toward the rear of the lot. Parapets extending above twenty-three feet shall be included in the building volume calculation. To determine the volume occupied by a parapet structure, two sets of parallel lines to form a rectangle shall be used to enclose the area, multiplied by the height of the parapet. (2) In the R3 district, the building volume above thirty-five feet shall not exceed fifty percent of the parcel coverage of the story immediately below the thirty-five foot height elevation, multiplied by five. For purposes of calculating a story’s parcel coverage, area measurements shall extend to the outside surface of exterior walls. No portion of the building volume above thirty-five feet shall encroach into a plane starting at thirty-five feet above the front setback line and sloping upward at a 45-degree angle toward the rear of the lot. Parapets extending above thirty-five feet shall be included in the building volume calculation. To determine the volume occupied by a parapet structure, two sets of parallel lines to form a rectangle shall be used to enclose the area, multiplied by the height of the parapet. (3) In the R4 district, the building volume above forty feet shall not exceed fifty percent of the parcel coverage of the story immediately below the forty foot height elevation, multiplied by five. For purposes of calculating a story’s parcel coverage, area measurements shall extend to the outside surface of exterior walls. No portion of the building volume above forty feet shall encroach into a plane starting at forty feet above the front setback line and sloping upward at a 45-degree angle toward the rear of the lot. Parapets extending above forty feet shall be included in the building volume calculation. To determine the volume occupied by a parapet structure, two sets of parallel lines to form a rectangle shall be used to enclose the area, multiplied by the height of the parapet. (4) Affordable housing projects are not subject to subdivisions (1), (2), and (3) of this subdivision (b) and may extend to thirty feet in the R2 district, forty feet in the R3 district, and forty-five feet in the R4 district and shall have no limitation to the number of stories. (c) The Maximum Parcel Coverage shall not exceed fifty percent of the parcel area Deleted: . F or the parcel area remaining after deducting required front, side and rear yard setbacks, whichever is less. Deleted: Minimum Parcel Size. Five (d) The side yard setback for parcels less than fifty feet in width shall be sixteen thousand square feet. Each parcel shall contain a minimum depth of one percent of the parcel width, or four feet, whichever is greater. hundred feet and a minimum width of (e) No more than one dwelling unit shall be permitted on a parcel of less than four fifty feet, except that parcels existing on September 8, 1988 shall not be subject thousand square feet if a single family dwelling existed on the parcel on September 8, to this requirement. 1988. Deleted: Front Yard Setback. The (f) The density for affordable housing projects in which one hundred percent of the minimum required front yard setback shall be either twenty feet, or shall units are deed restricted for very low, low, or moderate income and located in an R2 or R3 comply with the minimum required front district in the area bounded by the centerline of Ocean Avenue to the west, the centerline yard setback as set forth in the Official Districting Map for the district, of 14th Court to the east, the centerline of Wilshire Boulevard to the south and the whichever area is greater. centerline of Montana Avenue to the north, but including those R2 and R3 zoned parcels Deleted: Rear Yard Setback. Fifteen on the north side of Montana Avenue within the east and west boundaries, may be one feet. dwelling unit for every twelve hundred fifty square feet in the R2 district, and one dwelling Deleted: Side Yard Setback. The minimum required side yard setback unit for every nine hundred square feet in the R3 district. shall be determined in accordance with (g) For purposes of the open space requirement, a residential dwelling unit shall the following formula, except that for lots of less than fifty feet in width, the mean any unit three hundred seventy-six square feet in area, or larger. Affordable housing minimum required side yard setback projects may substitute one square foot of common open space for each square foot of shall be ten percent of the parcel width, but in any event not less than four feet: required private open space. Deleted: 5' + (stories × lot width)¶ ' 50 53 line an additional average amount equal 32 of this Article. 9.pursuant to the provisions of Chapter ¶relevant standard requirement. mass to a degree comparable to the other features which reduce effective provision of alternative stepbacks or requirements are satisfied by the es of the stepback objectivthe property is located, and the properties, or the general area in which detrimental to the property, adjoining ¶greater than ten feet.case resulting in a required stepback (h) A Development Review permit shall be required for projects that exceed the Deleted: Development Review. A established floor area threshold. See Part 9.04.20.14 of the Zoning Ordinance. Development Review Permit shall be required for any development of fifteen thousand square feet or more in floor area. Deleted: Private Open Space. Any project containing four or more Section 9.04.08.06.070 Project design standards residential dwelling units shall provide . the following minimum open space: one hundred square feet per unit for The following standards must be met before a Design Standards Permit can be issued projects with four or five units, and fifty pursuant to Section 9.04.08.06.080: square feet per unit for projects of six units or more. For purposes of this (a) The finished floor elevation of the first floor level shall be a minimum of six requirement, "residential dwelling unit" inches above, but no more than three feet above theoretical grade. shall mean any unit three hundred seventy-six square feet in area or (b) An additional five foot setback beyond the minimum front yard setback is larger. Affordable housing projects may required for at least twenty five percent of the width of the front facade. The setback shall substitute one square foot of common open space for each square foot of increase an additional five percent at the second story level for a total of 30 percent of the required private open space.¶ building width. At least 40 square feet of this additional second story front setback shall be Deleted: Upper-Level Stepback utilized as a deck or terrace. Requirements.¶ (c) All required setbacks set forth in Sections 9.04.08.06.060 and 9.04.08.06.070 Deleted: Additional Front Stepback Over Fourteen Feet in Height. For new shall be open to the sky except for permitted architectural projections contained in Section structures or additions to existing 9.04.10.02.180. structures, any portion of the front building elevation above fourteen feet (d) Mezzanines shall be concealed within the building and shall not appear as an exceeding seventy-five percent of the additional story on the exterior building facade. maximum buildable front elevation shall be stepped back from the front setback (e) Stair and elevator projections above the maximum permitted height limit shall line an additional average amount equal not exceed the minimum width, depth and height identified in Chapter 8 of the Santa to four percent of parcel depth, but in no case resulting in a requirement Monica Municipal Code necessary to accommodate such access, including one minimum stepback greater than ten feet. As used sized landing. Multiple landings and access to mezzanines or circulation corridors shall not in this Section, "maximum buildable elevation" shall mean the maximum be permitted above the maximum height limit. potential length of the elevation (f) An additional two foot average sideyard setback from the minimum requirement permitted under these regulations, which includes parcel width or length shall be provided at each story. Setback areas greater than five feet in depth from the (as applicable), minus required minimum sideyard setback, or the area used to comply with the additional setback minimum setbacks.¶ requirements in section (b) above, shall not be used to satisfy compliance with this Deleted: Additional Side Stepback Over Fourteen Feet in Height. For new requirement. structures or additions to existing (g) The allocation of allowable parcel coverage area shall be distributed to provide structures, any portion of the side building elevation above fourteen feet clear delineation between individual units through: changes in wall plan, in plan or section; exceeding fifty percent of the maximum use of additional stepbacks; use of decks or balconies; or other architectural and spatial buildable side elevation shall be stepped back from the side setback manipulation. A change in plane to differentiate individual units shall be a minimum of 12 Deleted: The upper-level stepback inches. However, more than one but no more than three units may be grouped together for requirements may be modified subject the purpose of providing a shared entry, balcony or other common exterior space. to the review and approval of the Architectural Review Board if the Board (h) Variation in building rooflines shall be provided. finds that the modification will not be (i) In addition to required private open space, every unit with a roof exceeding twenty-three feet in the R2 district, thirty-five feet in the R3 district, and forty feet in the R4 district, shall provide a roof deck of at least 150 square feet in area that is setback and Deleted: Architectural Review screened from neighboring buildings. Guardrails surrounding a roof deck shall be set back a minimum of three feet from the edge of all exterior building walls. The area between a Deleted: All new construction, new roof deck guardrail and the edge of the building shall be used and maintained for irrigated additions to existing buildings, and any landscaping within permanent planters to screen views between the deck and neighboring other exterior improvements that require issuance of a building permit buildings. shall be subject to architectural review (j) Parcels having a width greater than 99 feet and located in the R2 or R3 district 54 ... [12] ... [13] Formatted Formatted Formatted ... [14] Formatted shall provide a courtyard centered on the lot. Courtyards shall comply with the following design criteria: (1) Courtyards shall be no less than 10 percent of the total lot area and must be designed to accommodate a rectangular area not less than 1,000 square feet with a minimum width of 18 feet measured parallel to the front parcel line. Required setback area shall not count toward the minimum width or 1,000 square foot requirement. (2) Courtyards shall be open to the sky, but may include permitted projections set forth in Section 9.04.10.02.180 for side yard projections. Courtyards shall be visible and accessible from the sidewalk and each ground floor unit. If mechanical or utility equipment is placed in the courtyard, it shall be screened visually and acoustically and shall not encroach into the minimum courtyard area. (3) Courtyard entry gates, if provided, shall be 70 percent transparent to the courtyard, designed in a complementary style to the building’s architecture, and constructed using high quality, durable materials. (k) Each unit adjacent to a street shall provide a primary pedestrian entrance accessed from that street. Corner lots shall provide primary pedestrian entrances from the street sideyard. Primary entrances must include defined entryways, stoops, or porches. At least one primary living space per unit must be located at the first floor with windows facing the street elevation. Building and roof form articulation and fenestration shall be provided at the street elevation to reinforce a pedestrian-oriented design. (l) Lots having a width of 99-feet or less shall conform to the following: (1) Side-facing building entrances shall be served by a project entry walk having a minimum width of 48” that shall be integrated into the landscape design. (2) If one project sideyard is adjacent to the entry walk of an existing building, the project entry walk shall be located in this sideyard. If both project sideyards are adjacent to entry walks for existing buildings, the project entry walk may be located within either sideyard. The project entry walk shall have a similar elevation as the entry walk on the adjacent property. (3) Where project entry walks in the sideyard face an adjacent entry walk of an existing building, all fences, walls and hedges within the sideyard setback shall not exceed 42 inches in height. (m) A minimum of two canopy trees shall be provided in the required unexcavated front yard setback and three canopy trees shall be provided in the required unexcavated side yard. (n) Stairs providing access to semi-subterranean or subterranean garages in the front yard setback shall be positioned adjacent to the building and parallel to the public right of way and screened with landscaping. (o) Chimney projections above the height limit shall not have dimensions greater than three feet in depth and five feet in width. (p) No fence, wall, or hedge, or series of fences, walls or hedges, within the required front or corner sideyard setback shall individually or cumulatively exceed 42 inches height. (q) Patios, porches, platforms, and decks shall not exceed a height of 42 inches when projecting into a required front yard setback. (r) The use of reflective, mirrored or heavily tinted glass is prohibited. Heavily tinted glass is glass that permits less than 65% visible light transmittance. Untreated or unfinished building materials such that the quality and integrity of the building material 55 would degrade more quickly over time than if it were treated or finished, nail-on aluminum windows and asphalt or fiberglass composition roll roofing or fiberglass shingles used as a siding material is also prohibited. (s) No proposed building shall have the same architectural form or façade design as another building located on the same block. Buildings shall be differentiated volumetrically, including articulation in plan and section and roof form. For purposes of this requirement, block is defined as those properties located on either side of the same street as the subject property between the nearest two cross-streets, one in each direction, and excluding any intervening alleys. (t) The project shall meet the following landscaping design standards: (1) Landscaping and irrigation shall comply with Part 9.04.10.04. Deleted: (2) Plants shall be located with exposure to the sun that is best suited to its needs for proper growth. Full sun plants shall be located in sunny locations while shade plants shall be located in areas that provide shade. (3) Running plant types that grow to a height greater than 15 feet, such as bamboo, shall not be planted in side yards unless contained within planters of not more than 10 feet in length, spaced a minimum of 10 feet apart. (4) Creeping Fig shall not be used as a ground cover in areas of more than 15 square feet. (5) Drainage mat shall be used in planters over structured parking or habitable space. Filter Fabric shall not be used. Section 9.04.08.06.080 Architectural review. Deleted: 070 Architectural review shall be undertaken in accordance with the following standards: Permit Required (a) . Prior to the issuance of a building permit for the new construction of or new addition to a principal building, including related façade improvements and site development, the applicant shall obtain approval of a Design Standards Permit, pursuant to this Section, if the applicant seeks to demonstrate compliance with Section 9.04.08.06.070. If an applicant does not seek to demonstrate compliance with Section 9.04.08.06.070, the applicant shall apply for architectural review pursuant to Chapter 9.32. Projects not associated with new floor area including, but not limited to, façade remodels, new or revised site landscaping, or new or revised fences or walls, shall require architectural review pursuant to Chapter 9.32. An application for a Design Standards Permit shall be in a form prescribed by the Zoning Administrator and shall be filed with the City Planning Division. Neighborhood Meeting Required (b) . Prior to filing any Design Standards Permit or Architectural Review Board application for a development project involving new construction or new additions in excess of one thousand square feet in area, the applicant shall hold a neighborhood meeting to present the project and discuss identified concerns. Notice of the neighborhood meeting shall be provided not less than 14 consecutive calendar days prior to the meeting by posting the subject site in accordance with the Zoning Administrator’s standards as to content, location(s), size, height, lettering, and number of signs, and by mail, postage prepaid, to all owners and tenants within 300 feet of the subject property and to residential and commercial tenants of the involved property. For purposes of this requirement, the last known name and address of each property owner as contained in the records of the Los Angeles County Assessor’s Office shall be used. The address of the residential and commercial tenants shall be determined by 56 Formatted visual site inspection or other reasonably accurate means. The applicant shall provide a list of property owners and tenants within the prescribed area of notification and shall sign an affidavit verifying that the list has been prepared in accordance with the procedure outlined in this subsection (b). The notice shall state the nature of the request, location of the subject property, time and place of the neighborhood meeting, and the phone number of a contact person. The meeting must be held within the jurisdictional boundaries of the City of Santa Monica. Design Standards Permit Review (c) . Except as provided in subsection (g) of this Section, upon the filing of a complete application, which shall include an affidavit stating that a neighborhood meeting in compliance with subsection (b) of this Section was held, the Zoning Administrator, or designee, shall determine whether a project complies with the design standards set forth in Section 9.04.08.06.070. The Zoning Administrator, or designee, shall issue a written determination within two (2) weeks unless the applicant and City mutually agree to extend the review period. Notice of the Zoning Administrator, or designee’s, determination shall be mailed to the project applicant, and property owners and tenants within 300 feet of the subject property as well as residential and commercial tenants of the involved property. Based on the Zoning Administrator’s determination, projects will be processed as follows: Compliant Projects (1) . Projects that comply with the design standards set forth in section 9.04.08.06.070 shall not be subject to further design review, unless appealed pursuant to subsection (f) of this Section. Noncompliant Projects (2) . Projects not in compliance with the design standards shall be subject to design review pursuant to Chapter 9.32 Term of Permit (d) . The Design Standards Permit shall expire if the rights granted are not exercised within one year, or if located in the Coastal Zone, eighteen months, from the date of approval. However, if the permit is for affordable housing or a mixed use project where housing units comprise at least seventy-five percent of the floor area of the project (collectively "housing project"), and the housing project has received City, State or Federal funding or is comprised of units at least fifty percent of which are deed-restricted to be affordable to low income households and the remainder of which are deed-restricted to be affordable to low or moderate income households, in the absence of a time period established by the Planning Commission or City Council on appeal as a condition of granting the permit, the Design Standards Permit shall expire if the rights granted are not exercised within three years, or if located in the Coastal Zone, three and one-half years from the effective date of permit approval. Exercise of Rights (1) . "Exercise of rights" shall mean issuance of a building permit; provided, however, that, the Design Standards Permit shall expire if: (A) The building permit expires; or (B) The rights granted under the Design Standards Permit are not exercised within one year following the earliest to occur of the following: issuance of a Certificate of Occupancy; or if no Certificate of Occupancy is required, the last required final inspection for the new construction. Extension (2) . If the applicant files an extension request with the Zoning Administrator in writing prior to expiration of the permit, the Zoning Administrator may administratively grant a one-year extension of the term of the Design Standards Permit. Revocation (e) The Zoning Administrator may, revoke any approved Design Standards Permit in accordance with the following procedures: 57 (1) A revocation hearing shall be held by the Zoning Administrator. Notice of the hearing shall be published once in a newspaper of general circulation within the City and shall be served either in person or by registered mail on the owner of the property and on the permit holder at least ten days prior to such hearing. The notice of hearing shall contain a statement of the specific reasons for revocation. (2) After the hearing, a Design Standards Permit may be revoked by the Zoning Administrator, or by the Planning Commission on appeal or review, if any one of the following findings are made: (A) That the Design Standards Permit was obtained by misrepresentation or fraud. (B) The permit granted is being or has recently been exercised contrary to the terms of the approval or in violation of a specific statute, ordinance, law or regulation. (3) A written determination of revocation of a Design Standards Permit shall be mailed to the property owner and the permit holder within 10 days of such determination. Appeals (f) . Appeals shall be governed by the following provisions: Appeal of action (1) . A property owner or tenant within 300-feet of the subject property may appeal the staff determination that a project conforms with Section 9.04.08.06.070 to the Architectural Review Board. Filing of appeals (2) . Appeals shall be addressed to the appellate body on a form prescribed by the Zoning Administrator pursuant to Part 9.04.20.20. The appellant shall identify the specific design standards set forth in Section 9.04.08.06.070 that the project fails to satisfy and explain the basis for that claim. An appeal of staff’s determination shall be filed with the City Planning Division within 14 consecutive calendar days from the date that staff’s final determination was deposited in the mail. Appeal hearing (3) . Public notice of an appeal hearing shall be provided in the manner prescribed by Section 9.32.180. Standards for review (4) . In reviewing a Design Standards Permit, the Architectural Review Board’s jurisdiction shall be limited to determining whether a project satisfies the specific design standard(s) enumerated in the appeal statement. Effective date of appealed action (5) . If staff’s determination is appealed to the Architectural Review Board, the determination shall not become effective unless and until approved by the Architectural Review Board. The decision of the Architectural Review Board shall be final and not subject to further administrative review. Appeal fees (6) . The City Council shall by resolution establish and from time to time amend the required fee to file an appeal. Concurrent Application (g) . A Design Standards Permit shall be filed concurrently with any development application requiring Planning Commission consideration, except a subdivision application. The Design Standards Permit shall be reviewed by the Planning Commission at the same time that the Planning Commission reviews the other development application. Any appeal of the Planning Commission decision shall be undertaken pursuant to subsection (f) of this Section, except the appeal shall be to the City Council instead of the Architectural Review Board. (h) Single Family Dwellings. Single family dwelling units shall be exempt from this Section. 58 Formatted character and state of the residential compatible with the surrounding development integrates and is character and ensure that new protect the existing neighborhood The NW Overlay District is intended to ¶…e.9.04.08.56.010 Purposeight -neighborhoods (zero to fortydensity multiple family residential broad range of housing within high District is intended to provide a The R4 ¶…9.04.08.10.010 Purpose.¶…DistrictMultiple Family Residential provided the parcel was occupied by a Underground parking structures ¶Schools.¶Rest homes¶Residential care facilities.¶four feet.-height of twentyaccessory buildings up to a maximum height or two story fourteen feet inOne story accessory buildings over ¶organizations.charitable, youth, and welfare ¶of a Conditional Use Permit:the R3 District subject to the approval The following uses may be permitted in ¶…permitted uses.¶feet.ten thousand square on a parcel having a minimum area of ¶of a Performance Standards Permit:the R3 District subject to the approval uses may be permitted in The following ¶…performance standards permit.9.04.08.08.030 Uses subject to ¶for a maximum of two days.¶Small family day care homes.¶g.Single room occupancy housin¶manufactured housing).permanent foundation (including Single family dwellings placed on a ¶Senior group housing.¶Senior housing.¶Residential care facilities.¶Public parks and playgrounds.¶es up to fourteen feet in height.structurstory accessory buildings and -One¶family dwelling units.-Multi¶Hospice facilities.¶Domestic violence shelters.¶Congregate housing.¶the R3 District:¶…08.08.020 Permitted uses.9.04.¶neighborhood. Deleted: Part 9.04.08.08 R3 Medium Density Multiple Family Residential District…¶ SECTION 7. Part 9.04.08.08 of the Santa Monica Municipal is hereby deleted as 9.04.08.08.010 Purpose.…¶ The R3 District is intended to provide a broad range of housing within medium follows: density multiple family residential neighborhoods (zero to thirty-five dwelling units per net residential acre) . [RESERVED FOR FUTURE USE.] [RESERVED FOR FUTURE USE.] [RESERVED free of disturbing noises, excessive traffic, and hazards created by moving FOR FUTURE USE.] automobiles. The R3 District is designed to prevent burdens on the public facilities, including sewer, water, [RESERVED [RESERVED FOR FUTURE USE.] electricity and schools by an influx and FOR FUTURE USE.] increase of people to the degree larger than the City's geographic limits, tax base or financial capabilities can [RESERVED FOR FUTURE USE.] reasonably and responsibly accommodate. The R3 District affords protection from deleterious [RESERVED environmental effects and serves to maintain and protect the existing FOR FUTURE USE.] Deleted: T Deleted: ansitional housing.¶ SECTION 8. Part 9.04.08.10 of the Santa Monica Municipal Code is hereby deleted as Deleted: Y follows:. [RESERVED FOR FUTURE USE.] [RESERVED FOR FUTURE USE.] [RESERVED FOR FUTURE USE.] Deleted: ard sales, limited to two per calendar year, for each dwelling unit, Deleted: L [RESERVED FOR FUTURE USE.] [RESERVED Deleted: arge family day care homes.¶ FOR FUTURE USE.] Deleted: O Deleted: ne-story accessory living [RESERVED FOR quarters, up to fourteen feet in height, FUTURE USE.] [RESERVED FOR FUTURE Deleted: P USE.] Deleted: rivate tennis courts.¶ 9.04.08.08.040 Conditionally [RESERVED FOR FUTURE USE.] Deleted: B Deleted: ed and breakfast facilities.¶ Deleted: B SECTION 9. Part 9.04.08.56 of the Santa Monica Municipal Code is hereby deleted Deleted: oarding houses.¶ Deleted: C as follows: Deleted: hild day care centers.¶ Deleted: C [RESERVED . [RESERVED FOR FUTURE USE.] [RESERVED FOR FUTURE USE.] Deleted: ommunity care facilities.¶ FOR FUTURE USE.] Deleted: H [RESERVED FOR FUTURE USE.] [RESERVED FOR FUTURE Deleted: omeless shelters.¶ USE.] [RESERVED FOR FUTURE USE.] [RESERVED FOR FUTURE Deleted: USE.] P [RESERVED FOR FUTURE USE.] Deleted: laces of worship.¶ [RESERVED FOR Deleted: N FUTURE USE.] [RESERVED FOR FUTURE Deleted: eighborhood grocery stores.¶ ... [15] Offices and meeting rooms for USE.] [RESERVED FOR FUTURE USE.] Deleted: ¶ Part 9.04.08.10 R4 High Density Deleted: Part 9.04.08.56 NW North of Wilshire Overlay District…¶ 59 ... [16] ... [17] ... [18] ... [19] ... [20] ... [21] SECTION 10. Santa Monica Municipal Code Section 9.04.10.16.010 is hereby amended to read as follows: 60 9.04.10.16.010 Demolition of buildings and structures. (a) No demolition of buildings and structures shall be permitted except when all of the following conditions have been met: (1) A removal permit has been granted by the Rent Control Board, when required. (2) For residential buildings and structures, the final permit to commence construction for a replacement project has been issued, or the building or structure is exempt from this requirement pursuant to subsection (b) below. (3) A property maintenance plan has been approved in writing by the Director of Planning and the Building Officer. The Architectural Review Board shall adopt and the Planning Commission shall approve guidelines and standards for property maintenance plans pursuant to Section 9.32.040. (4) If the original permit for the building or structure was issued Deleted: fifty more than forty years before the date of filing of the demolition permit application, the requirements of subsection (d) are satisfied. (b) The following buildings and structures are exempt from the requirements of subsection (a)(2): (1) Single-family dwellings which are located in the R1 District, any Commercial District, or any Industrial District and which are not controlled rental units under the Rent Control Law. (2) Buildings or structures which the Director of Planning and the Building Officer have determined to be a public nuisance. 61 (3) Buildings and structures which were damaged by the January 17, 1994 Northridge Earthquake or its aftershocks, and which were yellow- or red-tagged by the City. (c) Prior to filing an application for a demolition permit, a notice of intent to demolish must be prominently posted on the property. Such notice shall be in a form approved by the City. (d) In addition to any other requirements imposed by this Section, no demolition of buildings or structures, the original permit for which was Deleted: fifty issued more than forty years before the date of filing of the demolition permit application, shall be permitted unless the following requirements have been met: (1) Within seven days of receipt of all filing materials for a demolition permit for such structures, the City shall transmit a copy of such application to each member of the Landmarks Commission. Filing materials shall consist of a completed application form, site plan, eight copies of a photograph of the building and photo verification that the property has been posted with a notice of intent to demolish. (2) If no application for the designation of a structure of merit, a landmark or a historic district is filed in accordance with Sections 9.36.090, 9.36.120 or 9.36.130 within sixty days from receipt of a complete application for demolition, demolition may be approved subject to compliance with all other legal requirements, including this Section. (3) If an application for structure of merit designation is filed in accordance with Section 9.36.090(a) within sixty days from receipt of a 62 complete application for demolition, no demolition permit may be issued until after a final determination is made by the Landmarks Commission, or the City Council on appeal, on the structure of merit designation application. The structure of merit application shall be processed in accordance with the procedures set forth in Section 9.36.090. (4) If an application for landmark designation is filed in accordance with Section 9.36.120(a) within sixty days from receipt of a complete application for demolition, no demolition permit may be issued until after a final determination is made by the Landmarks Commission, or the City Council on appeal, on the application for landmark designation. The landmarks application shall be processed in accordance with the procedures set forth in Section 9.36.120. If an application for historic district designation is filed in accordance with Section 9.36.130(a) within sixty days from receipt of a complete application for demolition, no demolition permit may be issued until after a final determination is made by the Landmarks Commission, or the City Council on appeal, on the application for historic district designation. The historic district application shall be processed in accordance with the procedures set forth in Section 9.36.130. SECTION 11. Part 9.04.16.01 of the Santa Monica Municipal Code is hereby amended to read as follows: Part 9.04.16.01 Condominiums generally. 9.04.16.01.010 Purpose. The purpose of this Subchapter is to establish development standards and special conditions for the protection of the community and purchasers or renters of both new and converted residential and commercial condominiums, community apartment projects, and stock cooperatives, and the lessors of cooperative apartments, consistent with the goals, objectives, and policies of the General Plan. 63 9.04.16.01.020 Applicability. All new or converted residential and commercial condominiums, community apartment projects, stock cooperatives, and cooperative apartments for which a development application was deemed complete on or after March 7, 2000 shall require approval of a Design Compatibility Permit, in addition to compliance with Santa Monica Municipal Code Section 9.04.16.01.030 establishing additional minimum requirements for condominiums and any and all requirements of Chapter 9.20 of this Article for preparation, review, and approval of a Subdivision Map. However, no Design Compatibility Permit shall be required in the R2, R3, R4, BSCD, C3 for that area located between the centerlines of Colorado Avenue to the south and Wilshire Boulevard to the north, and C3-C districts. 9.04.16.01.030 Minimum requirements. Except as otherwise provided by law, the following minimum requirements shall be imposed on any condominium project: Deleted: in approving or conditionally approving Residential Parking. (a) Off-street parking shall be provided pursuant to standards Deleted: s, the Planning Commission, for new construction in Part 9.04.10.08. Required off-street parking spaces shall be or City Council on appeal, shall require covered and located within the same structure as the dwelling units for which they are the following required and shall be included in the ownership of each condominium unit. No off-street parking space required by this Section shall be sold, leased, or otherwise transferred to the control of any person or organization not an owner of one or more units within the project except that spaces may be rented to other owners within the project. Non-Residential Parking. (b) Off-street parking shall be provided in an amount not less than required for the use or uses in the project pursuant to standards for new construction in Part 9.04.10.08. Yard and Height Requirements. (c) All new condominium projects shall comply with property development standards for the district in which the condominium project is to be located except that for projects requiring a Design Compatability Permit, nothing in this Section shall be construed to prohibit the imposition of more restrictive requirements as a condition of approval by the Planning Commission, or City Council on appeal or review, when necessary to protect the public health, safety, or general welfare, based upon appropriate findings. Covenants, Conditions, and Restrictions (CC & Rs). (d) The Covenants, Conditions, and Restrictions (CC & Rs) for the new or converting condominium project shall include an agreement by the subdivider that the following shall be guaranteed by the subdivider: (1)Common area items, including, but not limited to, the roof, plumbing, heating, air-conditioning, and electrical systems until one year elapses from the date of the sale of the last individual unit sold. (2) Items provided or installed within individual units by the subdivider, including, but not limited to, appliances, fixtures, and facilities for a period of one year from the date of close of escrow of each individual unit. (3) Adequate provisions for maintenance, repair, and upkeep of common areas. (4) Provisions that in the event of destruction or abolishment, reconstruction shall 64 be in accordance with codes in effect at the time of such reconstruction. (5) Provisions for dedication of land or establishment of easements for street widening or other public purpose. (e) The CC & Rs shall provide that the non-subdivider owners have the right to select or change the management group or the homeowner association 90 days after sale or transfer of title of 51% of the units. The CC & Rs shall be reviewed by the City Attorney when the condominium is subject to administrative review, or by the Planning Commission Deleted: subject to or City Council upon appeal, when processed with a Design Compatibility Permit. The Deleted: review subdivider shall agree not to change the CC & Rs submitted to obtain City approval of a Deleted: review new or converting condominium project without the consent of the City Attorney, Planning Commission, or City Council, as appropriate. The CC & Rs shall provide that subsequent Deleted: on appeal or review owners agree to make no changes in the CC & Rs imposing restrictions on the age, race, national origin, handicap, sex, marital status or other similar restrictions of occupants, residents, or owners. Estimated Costs of Maintenance. (f) The subdivider shall submit an estimate of, and guarantee for, the maintenance costs for a period of 12 months beginning at the close of escrow on the first unit sold. The subdivider to be responsible for all costs of normal maintenance in excess of the estimate. (g) No gas or electric meters shall be located within the required front or street side yard setback areas. (h) Prior to the demolition of any existing structure, the applicant shall submit a report from an industrial hygienist to be reviewed and approved as to content and form by the Environmental and Public Works Management/Environmental Programs Division. The report shall consist of a hazardous materials survey for the structure proposed for demolition. The report shall include a section on asbestos and in accordance with the South Coast AQMD Rule 1403, the asbestos survey shall be performed by a state Certified Asbestos Consultant (CAC). The report shall include a section on lead, which shall be performed by a state Certified Lead Inspector/Assessor. Additional hazardous materials to be considered by the industrial hygienist shall include: mercury (in thermostats, switches, fluorescent light); polychlorinated biphenyls (PCBs) (including light Ballast), and fuels, pesticides, and batteries. (i) Sidewalks, curbs, gutters, paving and driveways which need replacing or removal as a result of the project as determined by the Department of Environmental and Public Works Management shall be reconstructed to the satisfaction of the Department of Environmental and Public Works Management. Approval for this work shall be obtained from the Department of Environmental and Public Works Management prior to issuance of the building permits. (j) Vehicles hauling dirt or other construction debris from the site shall cover any open load with a tarpaulin or other secure covering to minimize dust emissions. Immediately after commencing dirt removal from the site, the general contractor shall provide the City of Santa Monica with written certification that all trucks leaving the site are covered in accordance with this condition of approval. (k) Street trees shall be maintained, relocated or provided in accordance with the City's Community Forest Management Plan 2000, per the specifications of the Open Space Management Division of the Community and Chapter 7.40 of this Code (Tree Code). No street trees shall be removed without the approval of the Open Space Management Division. 65 (l) A construction period mitigation plan shall be prepared by the applicant for approval by the Department of Environmental and Public Works Management prior to issuance of a building permit. The approved mitigation plan shall be posted on the site for the duration of the project construction and shall be produced upon request. As applicable, this plan shall: (1) Specify the names, addresses, telephone numbers and business license numbers of all contractors and subcontractors as well as the developer and architect; (2) Describe how demolition of any existing structures is to be accomplished; (3) Indicate where any cranes are to be located for erection/construction; (4) Describe how much of the public street, alleyway, or sidewalk is proposed to be used in conjunction with construction; (5) Set forth the extent and nature of any pile-driving operations; (6) Describe the length and number of any tiebacks which must extend under the property of other persons; (7) Specify the nature and extent of any dewatering and its effect on any adjacent buildings; (8) Describe anticipated construction-related truck routes, number of truck trips, hours of hauling and parking location; (9) Specify the nature and extent of any helicopter hauling; (10) State whether any construction activity beyond normally permitted hours is proposed; (11) Describe any proposed construction noise mitigation measures; (12) Describe construction-period security measures including any fencing, lighting, and security personnel; (13) Provide a drainage plan; (14) Provide a construction-period parking plan which shall minimize use of public streets for parking; (15) List a designated on-site superintendent. (m) The developer shall prepare a notice, subject to the review by the Director of Planning and Community Development, that lists all construction mitigation requirements and permitted hours of construction, and identifies a contact person at City Hall as well as the developer who will respond to complaints related to the proposed construction. The notice shall be mailed to property owners and residents within a 300-foot radius from the subject site at least five (5) days prior to the start of construction. (n) A sign shall be posted on the property in a manner consistent with the public hearing sign requirements which shall identify the address and phone number of the owner and/or applicant for the purposes of responding to questions and complaints during the construction period. This sign shall also indicate the hours of permissible construction work. (o) Parking areas and structures and other facilities generating wastewater with significant oil and grease content are required to pretreat these wastes before discharging to the City sewer or storm drain system. Pretreatment will require that a clarifier or oil/water separator be installed and maintained on site. In cases where settleable solids are present (or expected) in greater amounts than floatable oil and grease, a clarifier unit will be required. In cases where the opposite waste characteristics are present, an oil/water separator with automatic oil draw-off will be required instead. The Environmental and Public Works Management Department will set specific requirements. Building Permit 66 plans shall show the required installation. (p) If any archaeological remains are uncovered during excavation or construction, work in the affected area shall be suspended and a recognized specialist shall be contacted to conduct a survey of the affected area at project's owner's expense. A determination shall then be made by the Director of Planning to determine the significance of the survey findings and appropriate actions and requirements, if any, to address such findings. (q) A security gate shall be provided across the opening to the subterranean garage. If any guest parking space is located in the subterranean garage, the security gate shall be equipped with an electronic or other system which will open the gate to provide visitors with vehicular access to the garage without leaving their vehicles. The security gate shall receive approval of the Police and Fire Departments prior to issuance of a building permit. SECTION 12. Santa Monica Municipal Code Section 9.04.20.15.020 is hereby amended to read as follows: 9.04.20.15.020 Application. An application for a Design Compatibility Permit shall be filed in a manner consistent with the requirements contained in Santa Monica Municipal Code Part 9.04.20.20, Sections 9.04.20.20.010 through 9.04.20.20.080. However, no Design Compatibility Permit shall be required for condominiums located in the R2, R3, R4, BSCD, C3 for that area located between the centerlines of Colorado Avenue to the south and Wilshire Boulevard to the north, and C3-C Districts. SECTION 13. Santa Monica Municipal Code Section 9.04.20.28.020 is hereby amended to read as follows: 9.04.20.28.020 Permit required. An Administrative Approval, approved by the Zoning Administrator, shall be required for all new construction and new additions to existing buildings of more than one thousand square feet of floor area located in residential and non-residential zoning districts, not otherwise subject to discretionary review and shall be issued prior to issuance of any Building Permit for the development. However, no Administrative Approval shall be required for new construction and new additions to existing buildings located in the R2, R3, R4, BSCD, C3 for that area located between the centerlines of Colorado Avenue to the south and Wilshire Boulevard to the north, and C3-C Districts, or for any new single-family Deleted: except that homes or additions thereto in any zoning district. A public hearing shall not be required for Deleted: shall not be subject to this requirement if such development is not issuance of an Administrative Approval. An application for an Administrative Approval shall otherwise subject to discretionary be in a form prescribed by the Zoning Administrator and shall be filed with the Planning approval and Zoning Division pursuant to Part 9.04.20.20. The Zoning Administrator shall issue an Administrative Approval if the proposed development conforms precisely to the development standards for the area and does not 67 require discretionary review or approval as outlined in this Chapter. The Zoning Administrator shall deny the Administrative Approval only if the development is not in compliance with the development standards for the area as outlined in this Chapter. The Zoning Administrator shall within sixty days of deeming the application complete, prepare a written decision which shall contain the findings of fact upon which such decision is based. A copy of the decision shall be mailed to the applicant at the address shown on the application within ten days after the decision is rendered. SECTION 14. Santa Monica Municipal Code Section 9.32.170 is hereby amended to read as follows: 9.32.170 Architectural review district boundaries. Pursuant to Section 9.32.110 of the Santa Monica Municipal Code, an architectural review district is hereby established. Said architectural review district shall be composed of all commercial, industrial and residential areas within the corporate boundaries of the City, with the exception of those areas designated as R-1 districts by Article 9 of the Santa Monica Municipal Code, and those structures designated as landmarks or contributing structures within historic districts pursuant to Chapter 6 of the Santa Monica Municipal Code. Non-contributing structures located within historic districts shall be subject to architectural review unless otherwise exempted by the ordinance that establishes procedures for the alteration of structures within the historic district. Single family structures, including accessory structures, in all districts in the City are also exempt from Architectural Review Board district boundaries. SECTION 15. Santa Monica Municipal Code Section 9.32.120 is hereby amended to read as follows: 9.32.120 Jurisdiction. Unless plans, elevations, landscaping and proposed signs for building or structures or alterations thereto have been approved by the Board or on appeal by the Commission, no building permit shall be issued for any building, structure or other development of property or appurtenances thereto, on any property situated in an established architectural review district. However, the building, structure, or other development shall be subject to Commission review, with appeal to the City Council, rather than Board review, if any other development application that is subject to Commission review, except subdivision applications, is filed concurrently. In addition, the Board under authority of Section Deleted: except that 9.32.070 of this Chapter, may, by resolution, authorize the building officer or other official to approve applications for building permits for minor or insignificant development of property which would not defeat the purposes and objectives of this chapter. No completed project which receives the Board's approval prior to the issuance of a building permit for the construction thereof, shall receive a certificate of occupancy or final building inspection approval until the Director of Planning or the Director's delegate certifies to the Building Department that such construction has complied with the conditions and restrictions, if any, 68 imposed by the Board or the Commission, and that the final construction is in conformity with the plans approved by the Board and/or the Commission. With regard to plans or proposals which require the approval of the Board, including, but not limited to subdivision maps, conditional use permits, and variances, such matters shall be first considered by the Commission, and thereafter, when appropriate, shall be considered by the Board which shall be authorized to approve, conditionally approve or disapprove exterior elevations, landscaping, signs and general appearance and impose such conditions as it believes reasonable and necessary and as would not be in conflict with any of the conditions or requirements of the Commission. SECTION 16. Section 9.32.190 is hereby added to the Santa Monica Municipal Code to read as follows: 9.32.190 Design standards compliance. Notwithstanding Sections 9.32.120 and 9.32.170, all new construction of or new additions to a principal building, including related façade improvements, site development, and associated accessory buildings in the R2, R3, R4, BSCD, C3 for that area located between the centerlines of Colorado Avenue to the south and Wilshire Boulevard to the north, and C3-C Districts, that comply with all district design standards, shall not be subject to architectural review pursuant to this Chapter. Projects that do not comply with all district design standards shall remain subject to this Chapter. SECTION 17. The Ordinance shall apply to any development application filed or determined to be complete on or after the effective date of this Ordinance. SECTION 18. 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 affect the provisions of this Ordinance. SECTION 19. 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 69 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 20. 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 ATTACHMENT C Proposed Original Ordinance Text 70 Formatted f:\atty\muni\laws\barry\04TA-003.2-4.doc City Council Meeting 5-11-04 Santa Monica, California ORDINANCE NUMBER (CCS) (City Council Series) ANORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA THAT MODIFIES DEVELOPMENT STANDARDS AND ESTABLISHES DESIGN STANDARDS FOR PROPERTIES IN THE R2 LOW DENSITY MULTIPLE FAMILY RESIDENTIAL, R3 MEDUIM DENSITY MULTIPLE FAMILY RESIDENTIAL AND R4 HIGH DENSITY MULTIPLE FAMILY RESIDENTIAL DISTRICTS, AMENDS THE APPLICATION REVIEW REQUIREMENTS FOR THE R2 LOW DENSITY MULTIPLE FAMILY RESIDENTIAL, R3 MEDIUM DENSITY MULTIPLE FAMILY RESIDENTIAL AND R4 HIGH DENSITY MULTIPLE FAMILY RESIDENTIAL DISTRICTS, BSCD BAYSIDE COMMERCIAL DISTRICT, C3 DOWNTOWN COMMERCIAL AND C3C DOWNTOWN COMMERCIAL OVERLAY DISTRICTS, ESTABLISHES EXEMPTIONS FOR SINGLE FAMILY DWELLINGS IN ALL DISTRICTS FROM DESIGN REVIEW, MODIFIES THE DEMOLITION PERMIT REQUIREMENTS, DELETES THE NW NORTH OF WILSHIRE OVERLAY DISTRICT, AND MODIFIES THE DEFINITIONS OF BASEMENT, BUILDING HEIGHT, FINISHED FIRST FLOOR, SEMI-SUBTERRANEAN GARAGE AND THEORETICAL GRADE WHEREAS, on May 25, 1999, the City Council adopted a moratorium on multi- family development in the City's multi-family districts in response to dramatic changes in state law, a substantial increase in the rate of development, and an unprecedented loss of affordable housing; and WHEREAS, the specific factors compelling the moratorium adoption were detailed in Ordinance Number 1944 (CCS) and Ordinance Number 1947 (CCS) and included the following: the unprecedented increase in economic activity in which land values have skyrocketed and the rate of multi-family construction tripled, the detrimental consequences of this construction rate which impacted the City as a whole and the daily lives of residents who had to cope with the noise and interference caused by construction, the significant 71 shift in the City's demographics occurring due to the vast majority of new, privately-built units only being affordable to upper income individuals, the adoption of the Costa-Hawkins Rental Housing Act of 1995 which has severely weakened local rent control and resulted in a dramatic reduction in the City's affordable housing stock, and the threat posed by these dramatic changes to the existing character of the City's neighborhoods and its unique natural environment; and WHEREAS, the City Council adopted this moratorium to provide the City sufficient time to evaluate the effects of this high rate of development and to develop appropriate requirements and programs to preserve the City's character, diversity, and quality of life in this period of drastic change; and WHEREAS, the moratorium was extended twice and expired on May 17, 2000; and WHEREAS, in adopting the moratorium, the City Council directed staff, in part, to evaluate the rate and nature of construction in multi-family neighborhoods and assess appropriate responses; and WHEREAS, as detailed herein, and in Ordinance Number 1971 (CCS), Ordinance Number 1977 (CCS), and Ordinance Number 2042 (CCS), these interim ordinances were prepared in response to this evaluation; and WHEREAS, due to the strong local and regional economy, the demand for housing in the City increased dramatically in the late 1990’s; and WHEREAS, notwithstanding the more recent economic downturn, housing production in the City continues to be substantial; and WHEREAS, in addition to housing production, real estate values in the City have continued to skyrocket. While home prices fell significantly over the early to mid 1990's, by 2000, they had regained much of their value, with the median price condominium 72 approaching $500,000.00 in certain areas of the City; and WHEREAS, the ascent of housing prices continues unabated to date, reaching unprecedented levels; and WHEREAS, a significant amount of the Citys residential housing stock was built = prior to the 1960's and parcels developed with older structures tend to be developed at heights and massing that are less than what is currently allowed by zoning; and WHEREAS, given current economic conditions, there are significant incentives for this older housing to be redeveloped with housing built to the maximum authorized development standards; and WHEREAS, the redevelopment of these currently underdeveloped properties at greater height and mass would result in the loss of views, light, and open space and could pose a threat to the existing character of neighborhoods and the Citys unique natural = environment; and WHEREAS, maintaining the unique character of Santa Monicas neighborhoods is = important for many reasons: City residents value their neighborhoods; the preservation of neighborhoods promotes a sense of belonging and loyalty from residents and provides residents with quiet enjoyment in their homes and a community which exists on a pedestrian friendly scale; and design and development standards which are sensitive to existing neighborhood conditions can also further environmental and social goals; and WHEREAS, the demand for housing has also threatened the character of existing neighborhoods through the proposed demolition of structures, including bungalow style and courtyard style housing developments, which have potential historic or architectural significance; and WHEREAS, the potential for larger scale development in the R2 Low Density 73 Multiple Family Residential, R3 Medium Density Multiple Family and R4 High Density Multiple Family districts under the current development and height projection standards contained in the Zoning Ordinance posed and continues to pose a current and immediate threat to the public health, safety and welfare of the nearby residents and the approval of permits for such development has the potential to be incompatible with the scale and character of existing neighborhoods and would result in a threat to the public health, safety and welfare; and WHEREAS, the requirements for demolition permits contained in the Zoning Ordinance posed and continue to pose a current and immediate threat to the public health, safety and welfare of the nearby residents in that the character of existing neighborhoods can be permanently impacted as potentially historic and/or architecturally significant buildings which are less than 50 years old are demolished, yet currently, the proposed demolition of homes greater than 40 years old, but less than 50 years old, are not subject to Landmark Commission review; and WHEREAS, in light of the above-mentioned concerns, the City Council adopted Ordinance Number 1971(CCS) on May 2, 2000 modifying the development standards in the Zoning Ordinance and the City Council extended Ordinance Number 1971 (CCS) on June 13, 2000 through the adoption of Ordinance Number 1977 (CCS) and on April 9, 2002 through the adoption of Ordinance Number 2042 (CCS) which will expire on June 13, 2004; and WHEREAS, these interim ordinances changed the current development and projection standards within the R2 Low Density Multiple residential, R3 Medium Density Multiple Family Residential and R4 High Density Multiple Family Residential Districts in the following manner: reduce allowable building height with an incentive for pitched roofs; 74 reduce building mass by requiring additional setbacks from the minimum required setback lines, require outdoor private open space for all units, require additional landscaping, and provide greater building articulation by requiring more separation in plane along the side building, adversely affecting the character of existing neighborhoods in the City; and WHEREAS, on November 5, 2003, the Planning Commission and the Architectural Review Board held a joint meeting to review proposed revised development standards for the City’s R2, R3, and R4 zoning districts; and WHEREAS, on March 3, 2004, the Planning Commission held a public hearing to adopt a Resolution of Intention which stated the Commission’s intention to recommend modifications of the City’s Zoning Ordinance to the City Council; and WHEREAS, on March 17, 2004, the Planning Commission held a public hearing on the proposed text amendment and recommended that the City Council approve the proposed text amendment with certain specified modifications; and WHEREAS, if the development and design standards contained in the Zoning Ordinance are not revised, additional housing and additions to existing buildings will be developed that would severely impact existing residences and that would be incompatible with the scale and character of existing neighborhoods; 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 Policy 1.10.1 which states 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 75 development of new housing in residential neighborhoods is designed to fit within the existing neighborhood contexts; and WHEREAS, the proposed standards will result in new development that is much more in scale and character with existing housing in the multi-family neighborhoods, will ensure the new development integrates and is compatible with surrounding residential uses and will maintain the unique character of Santa Monica’s multifamily neighborhoods; and WHEREAS, the public health, safety, and general welfare require the adoption of the proposed amendment in that the potential for larger scale development in the City’s multifamily residential districts under the development and height projections standards of the Zoning Ordinance poses a threat to the health, safety, and general welfare because such development has the potential to be incompatible with the scale and character of existing neighborhoods and the proposed text amendment would ensure that the future development is compatible with development in the surrounding neighborhood by changing the placement of buildings on parcels, reducing building height and bulk, providing for additional open space and landscaping and increasing the amount of light between buildings. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDIAN AS FOLLOWS: Section 1. Santa Monica Municipal Code Section 9.04.02.030-115 is hereby amended to read as follows: 9.04.02.030-115 Basement. The portion of a structure below the finished first floor. A basement shall be considered a 76 story if the finished floor level above extends more than three feet above the average Deleted: first natural or in the Ocean Park, R2, R3, and R4 Districts, theoretical grade. SECTION 2. Santa Monica Municipal Code Section 9.04.02.030-155 is hereby amended to read as follows: 9.04.02.030-155 Building height. The vertical distance measured from the average natural grade to the highest point of the roof. However, in connection with development projects in the Ocean Park, R2, R3, and R4 Districts, building height shall mean the vertical distance measured from the theoretical grade to the highest point of the roof. SECTION 3. Santa Monica Municipal Code Section 9.04.02.030-310 is hereby amended to read as follows: 9.04.02.030-310 Finished first floor. The top of the first floor of a structure which does not extend more than three feet above the average natural or in the Ocean Park, R2, R3, and R4 Districts, theoretical grade. SECTION 4. Santa Monica Municipal Code Section 9.04.02.030-335 is hereby amended to read as follows: 9.04.02.030-335 Garage, semi-subterranean. A structure located partly underground used for parking and storage of vehicles, where the finished floor of the first level of the structure is not more than three feet above the average natural grade, or in the Ocean Park, R2, R3, and R4 Districts, theoretical grade , except for Deleted: of the parcel openings for ingress and egress. SECTION 5. Santa Monica Municipal Code Section 9.04.02.030-355 is hereby amended to read as follows: 9.04.02.030-355 Grade, theoretical. An imaginary line from the midpoint of the parcel on the front property line to the midpoint of the parcel on the rear property line, from which height calculations in the R2, R3, R4 and Ocean Park District are measured. SECTION 6. Part 9.04.08.06 of the Santa Monica Municipal Code is hereby amended to read as follows: 77 Part 9.04.08.06 Multiple Family Residential Districts Deleted: R2 Low Density Section 9.04.08.06.010 Purpose. Low Density Multiple Family Residential District (R2). (a) The R2 District is intended to provide a low density multiple family residential neighborhood (zero to twenty-nine dwelling units per net residential acre) free of disturbing noises, excessive traffic, and hazards created by moving automobiles. The R2 District is designed to prevent burdens on the public facilities, including sewer, water, electricity and schools by an influx and increase of people to the degree larger than the City's geographic limits, tax base or financial capabilities can reasonably and responsibly accommodate. The R2 District affords protection from deleterious environmental effects and serves to maintain and protect the existing character and state of the residential neighborhood. Medium Density Multiple Family Residential District (R3). (b) The R3 District is intended to provide a broad range of housing within medium density multiple family residential neighborhoods (zero to thirty-five dwelling units per net residential acre) free of disturbing noises, excessive traffic, and hazards created by moving automobiles. The R3 District is designed to prevent burdens on the public facilities, including sewer, water, electricity and schools by an influx and increase of people to the degree larger than the City's geographic limits, tax base or financial capabilities can reasonably and responsibly accommodate. The R3 District affords protection from deleterious environmental effects and serves to maintain and protect the existing character and state of the residential neighborhood. High Density Multiple Family Residential District (R4). (c) The R4 District is intended to provide a broad range of housing within high density multiple family residential neighborhoods (zero to forty-eight dwelling units per net residential acre) free of disturbing noises, excessive traffic, and hazards created by moving automobiles. The R4 district is designed to prevent burdens on the public facilities, including sewer, water, electricity and schools by an influx and increase of people to the degree larger than the City's geographic limits, tax base or financial capabilities can reasonably and responsibly accommodate. The R4 district affords protection from deleterious environmental effects and serves to maintain and protect the existing character and state of the residential neighborhood. Section 9.04.08.06.020 Allowed land uses. Deleted: Permitted Table 9.04-1 (Land Uses Allowed in Multiple Family Residential Districts) identifies allowed land uses in the R2, R3, and R4 zoning districts. Land uses designated with the letter “P” are permitted in that district subject to standards referenced under the Additional Regulations column. Land uses designated with the letters “PSP” require a Performance Standards Permit and are subject to further standards set forth under the Additional Regulations column. Land uses designated with the letters “CUP” require a Conditional Use Permit and are subject to further standards set forth under the Additional Regulations column. Land uses that have no letter designation are not permitted in that particular district. Rooftop parking is not permitted in any multiple family residential district. Any land use not specifically authorized is prohibited. 78 TABLE 9.04-1 LAND USES ALLOWED IN MULTIPLE FAMILY RESIDENTIAL DISTRICTS ADDITIONAL LAND USE R2 R3 R4 REGULATIONS Bed and breakfast facilities. CUP CUP CUP 9.04.20.12 Boarding houses. CUP CUP CUP 9.04.20.12 9.04.14.030 Child day care centers. CUP CUP CUP 9.04.20.12 Clubs or lodges. CUP 9.04.20.12 Community care facilities. CUP CUP CUP 9.04.20.12 Congregate housing. P P P Domestic violence shelters. P P P Homeless Shelters. CUP CUP 9.04.20.12 Hospice facilities. P P P Hotels. P P 9.04.08.06.020 (a) Hotels with incidental businesses. CUP 9.04.20.12 9.04.12.030 Large family day care homes. PSP PSP PSP 9.04.20.08 Libraries. CUP CUP 9.04.20.12 Multi-family dwelling units. P P P 9.04.08.06.020 (b) Municipal parking structures. CUP 9.04.20.12 9.04.14.080 Neighborhood grocery stores. CUP CUP CUP 9.04.20.12 Offices and meeting rooms for 9.04.20.12 charitable, youth and welfare CUP CUP CUP organizations. One story accessory buildings over 14 9.04.08.06.020 (c) feet in height or two story accessory 9.04.10.02.110 CUP CUP CUP buildings up to a maximum height of 24 9.04.14.110 feet. 9.04.20.12 One-story accessory buildings and 9.04.08.06.020 (c) P P P structures up to 14 feet in height. 9.04.10.02.100 9.04.08.06.020 (c) 9.04.08.06.020 (d) One-story accessory living quarters. PSP PSP PSP 9.04.12.080 9.04.20.08 Places of worship. CUP CUP CUP 9.04.20.12 9.04.12.060 Private tennis courts. PSP PSP PSP 9.04.20.08 Public parks and playgrounds. P P P Residential care facilities. CUP CUP CUP 9.04.20.12 Rest homes. CUP CUP CUP 9.04.20.12 Schools. CUP CUP CUP 9.04.20.12 Senior group housing. P P P Senior housing. P P P Single room occupancy housing. P P P Single-family dwellings. P P P 9.04.08.06.020 (e) Small family day care homes. P P P Transitional housing. P P P 9.04.08.06.020 (f) Underground parking structures. CUP CUP CUP 9.04.20.12 Yard sales. P P P 9.04.08.06.020 (g) Additional Land Use Regulations for the R2, R3, and R4 Districts: : Deleted: The following uses shall b (a) Hotels in existence as of January 1, 1995, or their replacement with a new hotel Deleted: e permitted in the R2 District at an existing hotel site in conformance with the physical development standards in effect 79 Formatted Formatted Formatted permitted in the R2 District subject to ¶¶authorized. parcel and as far commercially zonedunderground parking is from the parcel, and the vehicle access to the with an adjacent commercially zoned space uses, the structure is associated for residential or public park and open underground parking structure is used vel above the C2 District, the ground letime of adoption of this Chapter, the occupied by a surface parking lot at the structures provided the parcel was ¶four feet.-maximum height of twentytwo story accessory buildings up to a ¶organizations.for charitable, youth, and welfare ¶stores.¶Permit:the approval of a Conditional Use permitted in the R2 District subject to uses.¶¶ten thousand square feet.on a parcel having a minimum area of quarters, up to fourteen feet in height, ¶homes.¶ndards permit:stathe approval of a performance at the time of such replacement and located in a R2 or R3 zone in an area bounded by the Deleted: Congregate housing. th centerline of Ocean Avenue to the west, the centerline of 14 Court to the east, the Deleted: Domestic violence shelters. centerline of Wilshire Boulevard to the south and the centerline of Montana Avenue to the Deleted: Hospice facilities. north, and including those R2 and R3 parcels on the north side of Montana Avenue within Deleted: Multi-family dwelling units. the east and west boundaries, provided: Deleted: One-story accessory (1) There is no increase in the floor area of the hotel after January 1, 1995, buildings and structures up to fourteen (2) Any increase in the number of rooms is accomplished through subdivision of feet in height. rooms existing on January 1, 1995 and does not exceed five percent of the number of Deleted: Public parks and playgrounds. rooms existing on January 1, 1995, or five rooms, whichever is less, and Deleted: Senior housing. (3) All other Zoning Ordinance requirements are met, including parking Deleted: Senior group housing.¶ requirements for any addition of rooms after January 1, 1995. (b) Residential condominiums are also subject to the requirements set forth in Deleted: Single room occupancy housing.¶ subchapter 9.04.16 (Condominiums) and Chapter 9.20 (Subdivisions). Deleted: Single-family dwellings (c) Accessory buildings shall be architecturally compatible with the principal placed on a permanent foundation structure(s). (including manufactured housing).¶ (d) One-story accessory living quarters are limited to 14 feet in height. A minimum Deleted: Small family day care homes.¶ parcel area of 10,000 square feet is required. Deleted: Transitional housing.¶ (e) Single family homes, including manufactured housing, must be placed on a Deleted: Yard sales, limited to two per permanent foundation. calendar year, for each dwelling unit, (f) Underground parking structures may be conditionally permitted only if the for a maximum of two days.¶ subject parcel or parcels were occupied by a surface parking lot at the time of adoption of Deleted: Uses subject to performance standards permit. this Chapter, the parcel(s) is not adjacent to a parcel in the C2 District, the ground level above the underground parking structure is used for residential or public park and open space uses, the structure is associated with an adjacent commercially zoned parcel, and Deleted: The following uses may be the vehicle access to the underground parking is from the commercially zoned parcel and Deleted: Large family day care as far from the residentially zoned parcel as is reasonably possible. Deleted: One-story accessory living (g) Yard sales are limited to two per calendar year, for each dwelling unit, for a Deleted: Private tennis courts.¶ maximum of two days each. Deleted: Conditionally permitted Deleted: The following uses may be Section 9.04.08.06.030 [Reserved for Future Use] Deleted: Bed and breakfast facilities.¶ Deleted: Boarding houses.¶ Section 9.04.08.06.040 [Reserved for Future Use] Deleted: Child day care centers.¶ Deleted: Community care facilities.¶ Deleted: Libraries.¶ Section 9.04.08.06.050 [Reserved for Future Use] Deleted: Neighborhood grocery Section 9.04.08.06.060 Property development standards. Deleted: Offices and meeting rooms All property in the R2, R3, and R4 Districts shall be developed in accordance with the Deleted: One-story accessory standards set forth in Table 9.04-2: Deleted: Places of worship.¶ Deleted: Residential care facilities.¶ Deleted: Rest homes.¶ Deleted: Schools.¶ Deleted: Underground parking Deleted: Prohibited uses. Deleted: Rooftop parking.¶ Deleted: Any use not specifically Deleted: following 80 Formatted ... [22] ... [23] ... [24] ... [25] ... [26] ... [27] ... [28] ... [29] ... [30] ... [31] ... [32] TABLE 9.04-2 PROPERTY DEVELOPMENT STANDARDS FOR THE R2, R3, AND R4 MULTIPLE FAMILY RESIDENTIAL DISTRICTS ADDITIONAL R2 R3 R4 DEVELOPMENT REGULATIONS Minimum Parcel Dimensions: Area (square feet) 5,000 SF 5,000 SF 5,000 SF 9.04.08.06.060 (a) Width (feet) 50 50 50 Length (feet) 100 100 100 2 stories 3 stories 4 stories Maximum Building Height 9.04.08.06.060 (b) 23 feet 35 feet 40 feet Maximum Parcel Coverage (MPC): First Story 50% 50% 50% 9.04.08.06.060 (c) ststst 90% of 1 85% of 1 80% of 1 Formatted Second Story Story MPC Story MPC Story MPC stst 60% of 1 60% of 1 Third Story NA Story MPC Story MPC st 50% of 1 Fourth Story NA NA Story MPC Formatted Coverage 20, or as 20, or as 20, or as established in established in established in the Official the Official the Official Minimum Front Yard Districting Districting Districting Setback (feet) Map, Map, Map, whichever is whichever is whichever is greater greater greater Minimum Rear Yard 15 15 15 9.04.10.02.230 Formatted Setback (feet) Minimum Side Yard 8 8 8 9.04.08.06.060 (d) Setback (feet) Maximum Unit Density 9.04.08.06.060 (e) 1 / 1,500 SF 1 / 1,250 SF 1 / 900 SF (dwelling unit / area) 9.04.08.06.060 (f) Private Open Space: Four or five units 100 SF / Unit 100 SF / Unit 100 SF / Unit 9.04.08.06.060 (g) Six or more units 50 SF / Unit 50 SF / Unit 50 SF / Unit 9.04.08.06.060 (g) Development Review Permit Threshold (based 15,000 SF 22,500 SF 25,000 SF 9.04.08.06.060 (h) on project floor area) Additional Development Regulations for the R2, R3, and R4 Districts: (a) Parcels in existence prior to September 8, 1988 shall not be subject to this requirement. Deleted: Maximum Building Height. Two stories, not to exceed thirty feet, (b) The maximum building height may be exceeded in each district provided the except that there shall be no limitation maximum roof height does not exceed 30 feet in the R2 district, 40 feet in the R3 district, or on the number of stories of any affordable housing project, as long as 45 feet in the R4 district subject to the following criteria: : the building height does not exceed (1) In the R2 district, the building volume above twenty-three feet shall not exceed thirty feet. fifty percent of the parcel coverage of the story immediately below the twenty-three foot Deleted: Maximum Unit Density. One dwelling unit for each one thousand five height elevation, multiplied by seven. For purposes of calculating a story’s parcel hundred square feet of parcel area. No coverage, area measurements shall extend to the outside surface of exterior walls. No more than one dwelling unit shall be permitted on a parcel of less than four portion of the building volume above twenty-three feet shall encroach into a plane starting thousand square feet if a single family at twenty-three feet above the front setback line and sloping upward at a 45-degree angle dwelling existed on the parcel on September 8, 1988. 81 toward the rear of the lot. Parapets extending above twenty-three feet shall be included in the building volume calculation. To determine the volume occupied by a parapet structure, two sets of parallel lines to form a rectangle shall be used to enclose the area, multiplied by the height of the parapet. (2) In the R3 district, the building volume above thirty-five feet shall not exceed fifty percent of the parcel coverage of the story immediately below the thirty-five foot height elevation, multiplied by five. For purposes of calculating a story’s parcel coverage, area measurements shall extend to the outside surface of exterior walls. No portion of the building volume above thirty-five feet shall encroach into a plane starting at thirty-five feet above the front setback line and sloping upward at a 45-degree angle toward the rear of the lot. Parapets extending above thirty-five feet shall be included in the building volume calculation. To determine the volume occupied by a parapet structure, two sets of parallel lines to form a rectangle shall be used to enclose the area, multiplied by the height of the parapet. (3) In the R4 district, the building volume above forty feet shall not exceed fifty percent of the parcel coverage of the story immediately below the forty foot height elevation, multiplied by five. For purposes of calculating a story’s parcel coverage, area measurements shall extend to the outside surface of exterior walls. No portion of the building volume above forty feet shall encroach into a plane starting at forty feet above the front setback line and sloping upward at a 45-degree angle toward the rear of the lot. Parapets extending above forty feet shall be included in the building volume calculation. To determine the volume occupied by a parapet structure, two sets of parallel lines to form a rectangle shall be used to enclose the area, multiplied by the height of the parapet. (4) Affordable housing projects are not subject to subdivisions (1), (2), and (3) of this subdivision (b) and may extend to thirty feet in the R2 district, forty feet in the R3 district, and forty-five feet in the R4 district and shall have no limitation to the number of stories. (c) The Maximum Parcel Coverage shall not exceed fifty percent of the parcel area Deleted: . F or the parcel area remaining after deducting required front, side and rear yard setbacks, whichever is less. Deleted: Minimum Parcel Size. Five (d) The side yard setback for parcels less than fifty feet in width shall be sixteen thousand square feet. Each parcel shall contain a minimum depth of one percent of the parcel width, or four feet, whichever is greater. hundred feet and a minimum width of (e) No more than one dwelling unit shall be permitted on a parcel of less than four fifty feet, except that parcels existing on September 8, 1988 shall not be subject thousand square feet if a single family dwelling existed on the parcel on September 8, to this requirement. 1988. Deleted: Front Yard Setback. The (f) The density for affordable housing projects in which one hundred percent of the minimum required front yard setback shall be either twenty feet, or shall units are deed restricted for very low, low, or moderate income and located in an R2 or R3 comply with the minimum required front district in the area bounded by the centerline of Ocean Avenue to the west, the centerline yard setback as set forth in the Official Districting Map for the district, of 14th Court to the east, the centerline of Wilshire Boulevard to the south and the whichever area is greater. centerline of Montana Avenue to the north, but including those R2 and R3 zoned parcels Deleted: Rear Yard Setback. Fifteen on the north side of Montana Avenue within the east and west boundaries, may be one feet. dwelling unit for every twelve hundred fifty square feet in the R2 district, and one dwelling Deleted: Side Yard Setback. The minimum required side yard setback unit for every nine hundred square feet in the R3 district. shall be determined in accordance with (g) For purposes of the open space requirement, a residential dwelling unit shall the following formula, except that for lots of less than fifty feet in width, the mean any unit three hundred seventy-six square feet in area, or larger. Affordable housing minimum required side yard setback projects may substitute one square foot of common open space for each square foot of shall be ten percent of the parcel width, but in any event not less than four feet: required private open space. Deleted: 5' + (stories × lot width)¶ ' 50 82 line an additional average amount equal9.32 of this Article. pursuant to the provisions of Chapter ¶relevant standard requirement. mass to a degree comparable to the h reduce effective other features whicprovision of alternative stepbacks or requirements are satisfied by the objectives of the stepback the property is located, and the detrimental to the property, adjoining ¶greater than ten feet.case resulting in a required stepback to six percent of parcel width, but in no (h) A Development Review permit shall be required for projects that exceed the Deleted: Development Review. A established floor area threshold. See Part 9.04.20.14 of the Zoning Ordinance. Development Review Permit shall be required for any development of fifteen thousand square feet or more in floor area. Deleted: Private Open Space. Any project containing four or more Section 9.04.08.06.070 Project design standards residential dwelling units shall provide . the following minimum open space: one hundred square feet per unit for The following standards must be met before a Design Standards Permit can be issued projects with four or five units, and fifty pursuant to Section 9.04.08.06.080: square feet per unit for projects of six units or more. For purposes of this (a) The finished floor elevation of the first floor level shall be a minimum of six requirement, "residential dwelling unit" inches above, but no more than three feet above theoretical grade. shall mean any unit three hundred seventy-six square feet in area or (b) An additional five foot setback beyond the minimum front yard setback is larger. Affordable housing projects may required for at least twenty five percent of the width of the front facade. The setback shall substitute one square foot of common open space for each square foot of increase an additional five percent at the second story level for a total of 30 percent of the required private open space.¶ building width. At least 40 square feet of this additional second story front setback shall be Deleted: Upper-Level Stepback utilized as a deck or terrace. Requirements.¶ (c) All required setbacks set forth in Sections 9.04.08.06.060 and 9.04.08.06.070 Deleted: Additional Front Stepback Over Fourteen Feet in Height. For new shall be open to the sky except for permitted architectural projections contained in Section structures or additions to existing 9.04.10.02.180. structures, any portion of the front building elevation above fourteen feet (d) Mezzanines shall be concealed within the building and shall not appear as an exceeding seventy-five percent of the additional story on the exterior building facade. maximum buildable front elevation shall be stepped back from the front setback (e) Stair and elevator projections above the maximum permitted height limit shall line an additional average amount equal not exceed the minimum width, depth and height identified in Chapter 8 of the Santa to four percent of parcel depth, but in no case resulting in a requirement Monica Municipal Code necessary to accommodate such access, including one minimum stepback greater than ten feet. As used sized landing. Multiple landings and access to mezzanines or circulation corridors shall not in this Section, "maximum buildable elevation" shall mean the maximum be permitted above the maximum height limit. potential length of the elevation (f) An additional two foot average sideyard setback from the minimum requirement permitted under these regulations, which includes parcel width or length shall be provided at each story. Setback areas greater than five feet in depth from the (as applicable), minus required minimum sideyard setback, or the area used to comply with the additional setback minimum setbacks.¶ requirements in section (b) above, shall not be used to satisfy compliance with this Deleted: Additional Side Stepback Over Fourteen Feet in Height. For new requirement. structures or additions to existing (g) The allocation of allowable parcel coverage area shall be distributed to provide structures, any portion of the side building elevation above fourteen feet clear delineation between individual units through: changes in wall plan, in plan or section; exceeding fifty percent of the maximum use of additional stepbacks; use of decks or balconies; or other architectural and spatial buildable side elevation shall be stepped back from the side setback manipulation. A change in plane to differentiate individual units shall be a minimum of 12 Deleted: The upper-level stepback inches. However, more than one but no more than three units may be grouped together for requirements may be modified subject the purpose of providing a shared entry, balcony or other common exterior space. to the review and approval of the Architectural Review Board if the Board (h) Variation in building rooflines shall be provided. finds that the modification will not be (i) In addition to required private open space, every unit with a roof exceeding twenty-three feet in the R2 district, thirty-five feet in the R3 district, and forty feet in the R4 district, shall provide a roof deck of at least 150 square feet in area that is setback and Deleted: Architectural Review screened from neighboring buildings. Guardrails surrounding a roof deck shall be set back a minimum of three feet from the edge of all exterior building walls. The area between a Deleted: All new construction, new roof deck guardrail and the edge of the building shall be used and maintained for irrigated additions to existing buildings, and any landscaping within permanent planters to screen views between the deck and neighboring other exterior improvements that require issuance of a building permit buildings. shall be subject to architectural review (j) Parcels having a width greater than 99 feet and located in the R2 or R3 district 83 ... [33] ... [34] Formatted Formatted Formatted ... [35] Formatted shall provide a courtyard centered on the lot. Courtyards shall comply with the following design criteria: (1) Courtyards shall be no less than 10 percent of the total lot area and must be designed to accommodate a rectangular area not less than 1,000 square feet with a minimum width of 18 feet measured parallel to the front parcel line. Required setback area shall not count toward the minimum width or 1,000 square foot requirement. (2) Courtyards shall be open to the sky, but may include permitted projections set forth in Section 9.04.10.02.180 for side yard projections. Courtyards shall be visible and accessible from the sidewalk and each ground floor unit. If mechanical or utility equipment is placed in the courtyard, it shall be screened visually and acoustically and shall not encroach into the minimum courtyard area. (3) Courtyard entry gates, if provided, shall be 70 percent transparent to the courtyard, designed in a complementary style to the building’s architecture, and constructed using high quality, durable materials. (k) Each unit adjacent to a street shall provide a primary pedestrian entrance accessed from that street. Corner lots shall provide primary pedestrian entrances from the street sideyard. Primary entrances must include defined entryways, stoops, or porches. At least one primary living space per unit must be located at the first floor with windows facing the street elevation. Building and roof form articulation and fenestration shall be provided at the street elevation to reinforce a pedestrian-oriented design. (l) Lots having a width of 99-feet or less shall conform to the following: (1) Side-facing building entrances shall be served by a project entry walk having a minimum width of 48” that shall be integrated into the landscape design. (2) If one project sideyard is adjacent to the entry walk of an existing building, the project entry walk shall be located in this sideyard. If both project sideyards are adjacent to entry walks for existing buildings, the project entry walk may be located within either sideyard. The project entry walk shall have a similar elevation as the entry walk on the adjacent property. (3) Where project entry walks in the sideyard face an adjacent entry walk of an existing building, all fences, walls and hedges within the sideyard setback shall not exceed 42 inches in height. (m) A minimum of two canopy trees shall be provided in the required unexcavated front yard setback and three canopy trees shall be provided in the required unexcavated side yard. (n) Stairs providing access to semi-subterranean or subterranean garages in the front yard setback shall be positioned adjacent to the building and parallel to the public right of way and screened with landscaping. (o) Chimney projections above the height limit shall not have dimensions greater than three feet in depth and five feet in width. (p) No fence, wall, or hedge, or series of fences, walls or hedges, within the required front or corner sideyard setback shall individually or cumulatively exceed 42 inches height. (q) Patios, porches, platforms, and decks shall not exceed a height of 42 inches when projecting into a required front yard setback. (r) The use of reflective, mirrored or heavily tinted glass is prohibited. Heavily tinted glass is glass that permits less than 65% visible light transmittance. Untreated or unfinished building materials such that the quality and integrity of the building material 84 maintain and protect the existing fourteen feet in height or two story One story accessory buildings over ¶organizations.charitable, youth, and welfare es and meeting rooms for Offic¶of a Conditional Use Permit:the R3 District subject to the approval permitted in The following uses may be¶…permitted uses.9.04.08.08.040 Conditionally ¶ten thousand square feet.on a parcel having a minimum area of quarters, up to fourteen feet in height, ¶of a Performance Standards Permit:the R3 District subject to the approval The following uses may be permitted in ¶…performance standards permit.9.04.08.08.030 Uses subject to ¶r a maximum of two days.focalendar year, for each dwelling unit, ¶Small family day care homes.¶Single room occupancy housing.¶manufactured housing).permanent foundation (including ¶using.Senior group ho¶Senior housing.¶Residential care facilities.¶Public parks and playgrounds.¶structures up to fourteen feet in height.story accessory buildings and -One¶family dwelling units.-Multi¶Hospice facilities.¶Domestic violence shelters.¶ing.Congregate hous¶the R3 District:The following uses shall be permitted in ¶…9.04.08.08.020 Permitted uses.¶neighborhood. character and state of the residential would degrade more quickly over time than if it were treated or finished, nail-on aluminum Deleted: windows and asphalt or fiberglass composition roll roofing or fiberglass shingles used as a Deleted: 070 siding material is also prohibited. Deleted: ,…existing …s…and any (s) No proposed building shall have the same architectural form or façade design other exterior improvements that as another building located on the same block. Buildings shall be differentiated require issuance of a building permit architectural review pursuant to the volumetrically, including articulation in plan and section and roof form. For purposes of provisions of Chapter 9.32 of this this requirement, block is defined as those properties located on either side of the same Article. street as the subject property between the nearest two cross-streets, one in each direction, Deleted: Part 9.04.08.08 R3 Medium Density Multiple Family Residential and excluding any intervening alleys. District…¶ (t) The project shall meet the following landscaping design standards: 9.04.08.08.010 Purpose.…¶ The R3 District is intended to provide a (1) Landscaping and irrigation shall comply with Part 9.04.10.04. broad range of housing within medium (2) Plants shall be located with exposure to the sun that is best suited to its needs for density multiple family residential neighborhoods (zero to thirty-five proper growth. Full sun plants shall be located in sunny locations while shade plants shall dwelling units per net residential acre) be located in areas that provide shade. free of disturbing noises, excessive traffic, and hazards created by moving (3) Running plant types that grow to a height greater than 15 feet, such as bamboo, shall automobiles. The R3 District is not be planted in side yards unless contained within planters of not more than 10 feet in designed to prevent burdens on the public facilities, including sewer, water, length, spaced a minimum of 10 feet apart. electricity and schools by an influx and (4) Creeping Fig shall not be used as a ground cover in areas of more than 15 square increase of people to the degree larger than the City's geographic limits, tax feet. base or financial capabilities can (5) Drainage mat shall be used in planters over structured parking or habitable space. reasonably and responsibly accommodate. The R3 District affords Filter Fabric shall not be used. protection from deleterious environmental effects and serves to ... [36] Section 9.04.08.06.080 Architectural review. Deleted: T All new construction of or new additions to a principal building, including related façade Deleted: ansitional housing.¶ improvements and site development shall be subject to review by the Architectural Review Deleted: Y Board unless the projects comply with Section 9.04.08.06.070. Projects not associated Deleted: ard sales, limited to two per with new floor area including, but not limited to, façade remodels, new or revised site Deleted: L landscaping, or new or revised fences or walls, shall require architectural review pursuant Deleted: arge family day care homes.¶ to Chapter 9.32. Deleted: O Deleted: ne-story accessory living Deleted: P SECTION 7. Part 9.04.08.08 of the Santa Monica Municipal is hereby deleted as Deleted: rivate tennis courts.¶ Deleted: B follows: Deleted: ed and breakfast facilities.¶ Deleted: B . [RESERVED FOR FUTURE USE.] [RESERVED FOR FUTURE USE.] [RESERVED Deleted: oarding houses.¶ FOR FUTURE USE.] Deleted: C Deleted: hild day care centers.¶ [RESERVED [RESERVED FOR FUTURE USE.] FOR FUTURE USE.]Deleted: C Deleted: ommunity care facilities.¶ [RESERVED FOR FUTURE USE.] Deleted: H Deleted: omeless shelters.¶ [RESERVED Deleted: P FOR FUTURE USE.] Deleted: laces of worship.¶ Deleted: N SECTION 8. Part 9.04.08.10 of the Santa Monica Municipal Code is hereby deleted as Deleted: eighborhood grocery stores.¶ 85 ... [37] ... [38] ... [39] ... [40] ... [41] Public parks and playgrounds.performance standards permit in the All uses listed as subject to ¶permit:approval of a performance standards the NW Overlay District subject to the The following uses may be permitted in ¶…performance standards.fourteen feet in height or two story One story accessory buildings over ¶organizations.Offices and meeting rooms for ¶tores.Neighborhood grocery s¶Municipal parking structures.¶Libraries.¶Hotels with incidental businesses.¶Community care facilities.¶Clubs or lodges.¶Child day care centers.¶Boarding houses.¶Bed and breakfast facilities.¶of a Conditional Use Permit:oval the R4 District subject to the apprThe following uses may be permitted in ¶…permitted uses.9.04.08.10.040 Conditionally ¶Private tennis courts.¶square feet.having a minimum area of ten thousand rteen feet in height, on a parcel to foustory accessory living quarters, up -One¶Large family day care homes.¶of a Performance Standards Permit:the R4 District subject to the approval The following uses may be permitted in ¶…performance standards permit.ect to 9.04.08.10.030 Uses subj¶maximum of two days each.year, for each dwelling unit, for a Yard sales, limited to two per calendar ¶Transitional housing.¶Small family day care homes.¶Single room occupancy housing.¶manufactured housing).oundation (including permanent fSingle family dwellings placed on a ¶Senior group housing.¶Senior housing.¶ follows:. [RESERVED FOR FUTURE USE.] [RESERVED FOR FUTURE USE.] Deleted: ¶ Part 9.04.08.10 R4 High Density [RESERVED FOR FUTURE USE.] Multiple Family Residential District…¶ 9.04.08.10.010 Purpose.…¶ [RESERVED FOR FUTURE USE.] [RESERVED The R4 District is intended to provide a FOR FUTURE USE.] broad range of housing within high density multiple family residential neighborhoods (zero to forty-eight [RESERVED FOR dwelling units per net residential acre) free of disturbing noises, excessive FUTURE USE.] [RESERVED FOR FUTURE traffic, and hazards created by moving USE.] automobiles. The R4 district is designed to prevent burdens on the public facilities, including sewer, water, [RESERVED FOR FUTURE USE.] electricity and schools by an influx and increase of people to the degree larger than the City's geographic limits, tax base or financial capabilities can reasonably and responsibly SECTION 9. Part 9.04.08.56 of the Santa Monica Municipal Code is hereby deleted accommodate. The R4 district affords protection from deleterious environmental effects and serves to as follows: maintain and protect the existing character and state of the residential neighborhood. ¶ [RESERVED . [RESERVED FOR FUTURE USE.] [RESERVED FOR FUTURE USE.] 9.04.08.10.020 Permitted uses.…¶ The following uses shall be permitted in FOR FUTURE USE.] the R4 District:¶ [RESERVED FOR FUTURE USE.] [RESERVED FOR FUTURE Congregate housing.¶ Domestic violence shelters.¶ USE.] [RESERVED FOR FUTURE USE.] [RESERVED FOR FUTURE Hospice facilities.¶ USE.] Multi-family dwelling units.¶ One-story accessory buildings and [RESERVED FOR FUTURE USE.] structures up to fourteen feet in height.¶ [RESERVED FOR Deleted: Part 9.04.08.56 NW North FUTURE USE.] [RESERVED FOR FUTURE of Wilshire Overlay District…¶ 9.04.08.56.010 Purpose.…¶ USE.] [RESERVED FOR FUTURE USE.] The NW Overlay District is intended to protect the existing neighborhood character and ensure that new development integrates and is compatible with the surrounding residential area.¶ SECTION 10. Santa Monica Municipal Code Section 9.04.10.16.010 is hereby 9.04.08.56.020 Permitted uses.…¶ The following uses shall be permitted in the NW Overlay District:¶ amended to read as follows: All uses listed as permitted uses within the residential district in which the parcel is located;¶ 9.04.10.16.010 Demolition of buildings and structures. Hotels in existence as of January 1, 1995, or their replacement with a new hotel at an existing hotel site in (a) No demolition of buildings and structures shall be permitted conformance with the physical development standards in effect at the time of such replacement; provided:¶ except when all of the following conditions have been met: There is no increase in the floor area of the hotel after January 1, 1995,¶ Any increase in the number of rooms is (1) A removal permit has been granted by the Rent Control Board, accomplish through subdivision of rooms existing on January 1, 1995 and does not exceed five percent of the when required. number of rooms existing on January 1, 1995, or five rooms, whichever is less, and¶ (2) For residential buildings and structures, the final permit to All other Zoning Ordinance requirements are met, including parking requirements for any addition commence construction for a replacement project has been issued, or the of rooms after January 1, 1995.¶ 9.04.08.56.030 Uses subject to 86 ... [42] ... [43] building or structure is exempt from this requirement pursuant to subsection (b) below. (3) A property maintenance plan has been approved in writing by the Director of Planning and the Building Officer. The Architectural Review Board shall adopt and the Planning Commission shall approve guidelines and standards for property maintenance plans pursuant to Section 9.32.040. (4) If the original permit for the building or structure was issued Deleted: fifty more than forty years before the date of filing of the demolition permit application, the requirements of subsection (d) are satisfied. (b) The following buildings and structures are exempt from the requirements of subsection (a)(2): (1) Single-family dwellings which are located in the R1 District, any Commercial District, or any Industrial District and which are not controlled rental units under the Rent Control Law. (2) Buildings or structures which the Director of Planning and the Building Officer have determined to be a public nuisance. (3) Buildings and structures which were damaged by the January 17, 1994 Northridge Earthquake or its aftershocks, and which were yellow- or red-tagged by the City. (c) Prior to filing an application for a demolition permit, a notice of intent to demolish must be prominently posted on the property. Such notice shall be in a form approved by the City. (d) In addition to any other requirements imposed by this Section, no demolition of buildings or structures, the original permit for which was 87 Deleted: fifty issued more than forty years before the date of filing of the demolition permit application, shall be permitted unless the following requirements have been met: (1) Within seven days of receipt of all filing materials for a demolition permit for such structures, the City shall transmit a copy of such application to each member of the Landmarks Commission. Filing materials shall consist of a completed application form, site plan, eight copies of a photograph of the building and photo verification that the property has been posted with a notice of intent to demolish. (2) If no application for the designation of a structure of merit, a landmark or a historic district is filed in accordance with Sections 9.36.090, 9.36.120 or 9.36.130 within sixty days from receipt of a complete application for demolition, demolition may be approved subject to compliance with all other legal requirements, including this Section. (3) If an application for structure of merit designation is filed in accordance with Section 9.36.090(a) within sixty days from receipt of a complete application for demolition, no demolition permit may be issued until after a final determination is made by the Landmarks Commission, or the City Council on appeal, on the structure of merit designation application. The structure of merit application shall be processed in accordance with the procedures set forth in Section 9.36.090. (4) If an application for landmark designation is filed in accordance with Section 9.36.120(a) within sixty days from receipt of a complete application for demolition, no demolition permit may be issued until after a 88 final determination is made by the Landmarks Commission, or the City Council on appeal, on the application for landmark designation. The landmarks application shall be processed in accordance with the procedures set forth in Section 9.36.120. If an application for historic district designation is filed in accordance with Section 9.36.130(a) within sixty days from receipt of a complete application for demolition, no demolition permit may be issued until after a final determination is made by the Landmarks Commission, or the City Council on appeal, on the application for historic district designation. The historic district application shall be processed in accordance with the procedures set forth in Section 9.36.130. SECTION 11. Part 9.04.16.01 of the Santa Monica Municipal Code is hereby amended to read as follows: Part 9.04.16.01 Condominiums generally. 9.04.16.01.010 Purpose. The purpose of this Subchapter is to establish development standards and special conditions for the protection of the community and purchasers or renters of both new and converted residential and commercial condominiums, community apartment projects, and stock cooperatives, and the lessors of cooperative apartments, consistent with the goals, objectives, and policies of the General Plan. 9.04.16.01.020 Applicability. All new or converted residential and commercial condominiums, community apartment projects, stock cooperatives, and cooperative apartments for which a development application was deemed complete on or after March 7, 2000 shall require approval of a Design Compatibility Permit, in addition to compliance with Santa Monica Municipal Code Section 9.04.16.01.030 establishing additional minimum requirements for condominiums and any and all requirements of Chapter 9.20 of this Article for preparation, review, and approval of a Subdivision Map. However, no Design Compatibility Permit shall be required in the R2, R3, R4, BSCD, C3 for that area located between the centerlines of Colorado Avenue to the south and Wilshire Boulevard to the north, and C3-C districts. 9.04.16.01.030 Minimum requirements. Deleted: in approving or conditionally approving Except as otherwise provided by law, the following minimum requirements shall be Deleted: s, the Planning Commission, or City Council on appeal, shall require imposed on any condominium project: the following 89 Residential Parking. (a) Off-street parking shall be provided pursuant to standards for new construction in Part 9.04.10.08. Required off-street parking spaces shall be covered and located within the same structure as the dwelling units for which they are required and shall be included in the ownership of each condominium unit. No off-street parking space required by this Section shall be sold, leased, or otherwise transferred to the control of any person or organization not an owner of one or more units within the project except that spaces may be rented to other owners within the project. Non-Residential Parking. (b) Off-street parking shall be provided in an amount not less than required for the use or uses in the project pursuant to standards for new construction in Part 9.04.10.08. Yard and Height Requirements. (c) All new condominium projects shall comply with property development standards for the district in which the condominium project is to be located except that for projects requiring a Design Compatability Permit, nothing in this Section shall be construed to prohibit the imposition of more restrictive requirements as a condition of approval by the Planning Commission, or City Council on appeal or review, when necessary to protect the public health, safety, or general welfare, based upon appropriate findings. Covenants, Conditions, and Restrictions (CC & Rs). (d) The Covenants, Conditions, and Restrictions (CC & Rs) for the new or converting condominium project shall include an agreement by the subdivider that the following shall be guaranteed by the subdivider: (1)Common area items, including, but not limited to, the roof, plumbing, heating, air-conditioning, and electrical systems until one year elapses from the date of the sale of the last individual unit sold. (2) Items provided or installed within individual units by the subdivider, including, but not limited to, appliances, fixtures, and facilities for a period of one year from the date of close of escrow of each individual unit. (3) Adequate provisions for maintenance, repair, and upkeep of common areas. (4) Provisions that in the event of destruction or abolishment, reconstruction shall be in accordance with codes in effect at the time of such reconstruction. (5) Provisions for dedication of land or establishment of easements for street widening or other public purpose. (e) The CC & Rs shall provide that the non-subdivider owners have the right to select or change the management group or the homeowner association 90 days after sale or transfer of title of 51% of the units. The CC & Rs shall be reviewed by the City Attorney when the condominium is subject to administrative review, or by the Planning Commission Deleted: subject to or City Council upon appeal, when processed with a Design Compatibility Permit. The Deleted: review subdivider shall agree not to change the CC & Rs submitted to obtain City approval of a Deleted: review new or converting condominium project without the consent of the City Attorney, Planning Commission, or City Council, as appropriate. The CC & Rs shall provide that subsequent Deleted: on appeal or review owners agree to make no changes in the CC & Rs imposing restrictions on the age, race, national origin, handicap, sex, marital status or other similar restrictions of occupants, residents, or owners. Estimated Costs of Maintenance. (f) The subdivider shall submit an estimate of, and guarantee for, the maintenance costs for a period of 12 months beginning at the close of escrow on the first unit sold. The subdivider to be responsible for all costs of normal maintenance in excess of the estimate. 90 (g) No gas or electric meters shall be located within the required front or street side yard setback areas. (h) Prior to the demolition of any existing structure, the applicant shall submit a report from an industrial hygienist to be reviewed and approved as to content and form by the Environmental and Public Works Management/Environmental Programs Division. The report shall consist of a hazardous materials survey for the structure proposed for demolition. The report shall include a section on asbestos and in accordance with the South Coast AQMD Rule 1403, the asbestos survey shall be performed by a state Certified Asbestos Consultant (CAC). The report shall include a section on lead, which shall be performed by a state Certified Lead Inspector/Assessor. Additional hazardous materials to be considered by the industrial hygienist shall include: mercury (in thermostats, switches, fluorescent light); polychlorinated biphenyls (PCBs) (including light Ballast), and fuels, pesticides, and batteries. (i) Sidewalks, curbs, gutters, paving and driveways which need replacing or removal as a result of the project as determined by the Department of Environmental and Public Works Management shall be reconstructed to the satisfaction of the Department of Environmental and Public Works Management. Approval for this work shall be obtained from the Department of Environmental and Public Works Management prior to issuance of the building permits. (j) Vehicles hauling dirt or other construction debris from the site shall cover any open load with a tarpaulin or other secure covering to minimize dust emissions. Immediately after commencing dirt removal from the site, the general contractor shall provide the City of Santa Monica with written certification that all trucks leaving the site are covered in accordance with this condition of approval. (k) Street trees shall be maintained, relocated or provided in accordance with the City's Community Forest Management Plan 2000, per the specifications of the Open Space Management Division of the Community and Chapter 7.40 of this Code (Tree Code). No street trees shall be removed without the approval of the Open Space Management Division. (l) A construction period mitigation plan shall be prepared by the applicant for approval by the Department of Environmental and Public Works Management prior to issuance of a building permit. The approved mitigation plan shall be posted on the site for the duration of the project construction and shall be produced upon request. As applicable, this plan shall: (1) Specify the names, addresses, telephone numbers and business license numbers of all contractors and subcontractors as well as the developer and architect; (2) Describe how demolition of any existing structures is to be accomplished; (3) Indicate where any cranes are to be located for erection/construction; (4) Describe how much of the public street, alleyway, or sidewalk is proposed to be used in conjunction with construction; (5) Set forth the extent and nature of any pile-driving operations; (6) Describe the length and number of any tiebacks which must extend under the property of other persons; (7) Specify the nature and extent of any dewatering and its effect on any adjacent buildings; (8) Describe anticipated construction-related truck routes, number of truck trips, hours of hauling and parking location; 91 (9) Specify the nature and extent of any helicopter hauling; (10) State whether any construction activity beyond normally permitted hours is proposed; (11) Describe any proposed construction noise mitigation measures; (12) Describe construction-period security measures including any fencing, lighting, and security personnel; (13) Provide a drainage plan; (14) Provide a construction-period parking plan which shall minimize use of public streets for parking; (15) List a designated on-site superintendent. (m) The developer shall prepare a notice, subject to the review by the Director of Planning and Community Development, that lists all construction mitigation requirements and permitted hours of construction, and identifies a contact person at City Hall as well as the developer who will respond to complaints related to the proposed construction. The notice shall be mailed to property owners and residents within a 300-foot radius from the subject site at least five (5) days prior to the start of construction. (n) A sign shall be posted on the property in a manner consistent with the public hearing sign requirements which shall identify the address and phone number of the owner and/or applicant for the purposes of responding to questions and complaints during the construction period. This sign shall also indicate the hours of permissible construction work. (o) Parking areas and structures and other facilities generating wastewater with significant oil and grease content are required to pretreat these wastes before discharging to the City sewer or storm drain system. Pretreatment will require that a clarifier or oil/water separator be installed and maintained on site. In cases where settleable solids are present (or expected) in greater amounts than floatable oil and grease, a clarifier unit will be required. In cases where the opposite waste characteristics are present, an oil/water separator with automatic oil draw-off will be required instead. The Environmental and Public Works Management Department will set specific requirements. Building Permit plans shall show the required installation. (p) If any archaeological remains are uncovered during excavation or construction, work in the affected area shall be suspended and a recognized specialist shall be contacted to conduct a survey of the affected area at project's owner's expense. A determination shall then be made by the Director of Planning to determine the significance of the survey findings and appropriate actions and requirements, if any, to address such findings. (q) A security gate shall be provided across the opening to the subterranean garage. If any guest parking space is located in the subterranean garage, the security gate shall be equipped with an electronic or other system which will open the gate to provide visitors with vehicular access to the garage without leaving their vehicles. The security gate shall receive approval of the Police and Fire Departments prior to issuance of a building permit. SECTION 12. Santa Monica Municipal Code Section 9.04.20.15.020 is hereby 92 amended to read as follows: 9.04.20.15.020 Application. An application for a Design Compatibility Permit shall be filed in a manner consistent with the requirements contained in Santa Monica Municipal Code Part 9.04.20.20, Sections 9.04.20.20.010 through 9.04.20.20.080. However, no Design Compatibility Permit shall be required for condominiums located in the R2, R3, R4, BSCD, C3 for that area located between the centerlines of Colorado Avenue to the south and Wilshire Boulevard to the north, and C3-C Districts. SECTION 13. Santa Monica Municipal Code Section 9.04.20.28.020 is hereby amended to read as follows: 9.04.20.28.020 Permit required. An Administrative Approval, approved by the Zoning Administrator, shall be required for all new construction and new additions to existing buildings of more than one thousand square feet of floor area located in residential and non-residential zoning districts, not otherwise subject to discretionary review and shall be issued prior to issuance of any Building Permit for the development. However, no Administrative Approval shall be required for new construction and new additions to existing buildings located in the R2, R3, R4, BSCD, C3 for that area located between the centerlines of Colorado Avenue to the south and Wilshire Boulevard to the north, and C3-C Districts, or for any new single-family Deleted: except that homes or additions thereto in any zoning district. A public hearing shall not be required for Deleted: shall not be subject to this requirement if such development is not issuance of an Administrative Approval. An application for an Administrative Approval shall otherwise subject to discretionary be in a form prescribed by the Zoning Administrator and shall be filed with the Planning approval and Zoning Division pursuant to Part 9.04.20.20. The Zoning Administrator shall issue an Administrative Approval if the proposed development conforms precisely to the development standards for the area and does not require discretionary review or approval as outlined in this Chapter. The Zoning Administrator shall deny the Administrative Approval only if the development is not in compliance with the development standards for the area as outlined in this Chapter. The Zoning Administrator shall within sixty days of deeming the application complete, prepare a written decision which shall contain the findings of fact upon which such decision is based. A copy of the decision shall be mailed to the applicant at the address shown on the application within ten days after the decision is rendered. SECTION 14. Santa Monica Municipal Code Section 9.32.170 is hereby amended to read as follows: 9.32.170 Architectural review district boundaries. Pursuant to Section 9.32.110 of the Santa Monica Municipal Code, an architectural review district is hereby established. Said architectural review district shall be composed of all commercial, industrial and residential areas within the corporate boundaries of the City, 93 with the exception of those areas designated as R-1 districts by Article 9 of the Santa Monica Municipal Code, and those structures designated as landmarks or contributing structures within historic districts pursuant to Chapter 6 of the Santa Monica Municipal Code. Non-contributing structures located within historic districts shall be subject to architectural review unless otherwise exempted by the ordinance that establishes procedures for the alteration of structures within the historic district. Single family structures, including accessory structures, in all districts in the City are also exempt from Architectural Review Board district boundaries. SECTION 15. Santa Monica Municipal Code Section 9.32.120 is hereby amended to read as follows: 9.32.120 Jurisdiction. Unless plans, elevations, landscaping and proposed signs for building or structures or alterations thereto have been approved by the Board or on appeal by the Commission, no building permit shall be issued for any building, structure or other development of property or appurtenances thereto, on any property situated in an established architectural review district. However, the building, structure, or other development shall be subject to Commission review, with appeal to the City Council, rather than Board review, if any other development application that is subject to Commission review, except subdivision applications, is filed concurrently. In addition, the Board under authority of Section Deleted: except that 9.32.070 of this Chapter, may, by resolution, authorize the building officer or other official to approve applications for building permits for minor or insignificant development of property which would not defeat the purposes and objectives of this chapter. No completed project which receives the Board's approval prior to the issuance of a building permit for the construction thereof, shall receive a certificate of occupancy or final building inspection approval until the Director of Planning or the Director's delegate certifies to the Building Department that such construction has complied with the conditions and restrictions, if any, imposed by the Board or the Commission, and that the final construction is in conformity with the plans approved by the Board and/or the Commission. With regard to plans or proposals which require the approval of the Board, including, but not limited to subdivision maps, conditional use permits, and variances, such matters shall be first considered by the Commission, and thereafter, when appropriate, shall be considered by the Board which shall be authorized to approve, conditionally approve or disapprove exterior elevations, landscaping, signs and general appearance and impose such conditions as it believes reasonable and necessary and as would not be in conflict with any of the conditions or requirements of the Commission. SECTION 16. Section 9.32.190 is hereby added to the Santa Monica Municipal Code to read as follows: 9.32.190 Design standards compliance. 94 Notwithstanding Sections 9.32.120 and 9.32.170, all new construction of or new additions to a principal building, including related façade improvements, site development, and associated accessory buildings in the R2, R3, R4, BSCD, C3 for that area located between the centerlines of Colorado Avenue to the south and Wilshire Boulevard to the north, and C3-C Districts, that comply with all district design standards, shall not be subject to architectural review pursuant to this Chapter. Projects that do not comply with all district design standards shall remain subject to this Chapter. SECTION 17. The Ordinance shall apply to any development application filed or determined to be complete on or after the effective date of this Ordinance. SECTION 18. 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 affect the provisions of this Ordinance. SECTION 19. 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 20. 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. 95 APPROVED AS TO FORM: MARSHA JONES MOUTRIE City Attorney 96 ATTACHMENT D Notice of Public Hearing 97 NOTICE OF A PUBLIC HEARING BEFORE THE SANTA MONICA CITY COUNCIL SUBJECT: Multiple Family Development Standards Ordinance APPLICANT: City of Santa Monica A public hearing will be held by the City Council to consider the following request: Adoption of an Interim Ordinance Extending the Provisions of Ordinance 2042 (CCS) and Declaring the Presence of an Emergency and Introduction and First Reading of an Ordinance to Modify the Multi-Family Development Standards and Establish Design Standards for Properties Located in Multifamily Residential Zoning Districts of R2 (Low Density Multiple Residential), R3 (Medium Density Multiple-Family Residential), and R4 (High Density Multiple-Family Residential). The Ordinance Also Includes Amendments to the Application Processing Requirements for Administrative Approvals Applications, Architectural Review Board Applications, and Design Compatibility Permit Applications, in the R2, R3, and R4 Districts. Changes to the Definitions, Demolition, and Project Design and Development Standards Section of the Zoning Ordinance, are Also Proposed. Other Related Changes Include the Condominium Section, and the North of Wilshire Overlay, Which will be Eliminated. DATE/TIME: TUESDAY, May 11, 2004, at 6:45 p.m. LOCATION: City Council Chambers, Second Floor, Santa Monica City Hall 1685 Main Street, Santa Monica, California HOW TO COMMENT The City of Santa Monica encourages public comment. You may comment at the City Council public hearing, or by writing a letter. Written information will be given to the City Council at the meeting. Address your letters to: City Clerk Re: Multiple Family Ordinance Update 1685 Main Street, Room 102 Santa Monica, CA 90401 MORE INFORMATION If you want more information about this project or wish to review the project file, please contact Associate Planner Bill Rodrigues at (310) 458-8341, or by e-mail at bill-rodrigues@santa-monica.org. The Zoning Ordinance is available at the Planning Counter during business hours and on the City’s web site at www.santa- monica.org. The meeting facility is wheelchair accessible. For disability-related accommodations, please contact (310) 458- 8341 or (310) 458-8696 TTY at least 72 hours in advance. All written materials are available in alternate format upon request. Santa Monica Big Blue Bus Lines numbered 1, 2, 3, 5, 7, 8, 9, and 10 serve City Hall. Pursuant to California Government Code Section 65009(b), if this matter is subsequently challenged in Court, the challenge may be limited to only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City of Santa Monica at, or prior to, the public hearing. ESPAÑOL Esto es una noticia de una audiencia pública para revisar applicaciónes proponiendo desarrollo en Santa Monica. Si deseas más información, favor de llamar a Carmen Gutierrez en la División de Planificación al número (310) 458-8341. 98 APPROVED AS TO FORM: ___________________________ Amanda Schachter Planning Manager f:\plan\share\council\notices\R2R3R4Notice.2.doc 99 Page 51: [1] Deleted Jonathan Lait 3/26/2004 9:37:00 AM The following uses may be permitted in the R2 District subject to the approval of a performance standards permit: Page 51: [2] Deleted Jonathan Lait 3/26/2004 9:27:00 AM Large family day care homes. Page 51: [3] Deleted Jonathan Lait 3/26/2004 9:27:00 AM One-story accessory living quarters, up to fourteen feet in height, on a parcel having a minimum area of ten thousand square feet. Page 51: [4] Deleted Jonathan Lait 3/26/2004 9:37:00 AM Private tennis courts. Page 51: [5] Deleted Jonathan Lait 3/26/2004 9:37:00 AM Conditionally permitted uses. Page 51: [6] Deleted Jonathan Lait 3/26/2004 9:37:00 AM The following uses may be permitted in the R2 District subject to the approval of a Conditional Use Permit: Page 51: [7] Deleted Jonathan Lait 3/26/2004 9:27:00 AM Neighborhood grocery stores. Page 51: [8] Deleted Jonathan Lait 3/26/2004 9:27:00 AM Offices and meeting rooms for charitable, youth, and welfare organizations. Page 51: [9] Deleted Jonathan Lait 3/26/2004 9:27:00 AM One-story accessory buildings over fourteen feet in height or two story accessory buildings up to a maximum height of twenty-four feet. Page 51: [10] Deleted Jonathan Lait 3/26/2004 9:27:00 AM Underground parking structures provided the parcel was occupied by a surface parking lot at the time of adoption of this Chapter, the parcel is not adjacent to a parcel in the C2 District, the ground level above the underground parking structure is used for residential or public park and open space uses, the structure is associated with an adjacent commercially zoned parcel, and the vehicle access to the underground parking is from the commercially zoned parcel and as far from the residentially zoned parcel as is reasonably possible. Page 51: [11] Deleted Jonathan Lait 3/25/2004 6:34:00 PM Any use not specifically authorized. Page 54: [12] Deleted Jonathan Lait 3/25/2004 8:46:00 PM Additional Side Stepback Over 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 average amount equal to six percent of parcel width, but in no case resulting in a required stepback greater than ten feet. Page 54: [13] Deleted Jonathan Lait 3/25/2004 8:46:00 PM The upper-level stepback requirements 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 features which reduce effective mass to a degree comparable to the relevant standard requirement. Page 54: [14] Deleted Claudia_T 5/5/2004 11:12:00 AM All new construction, new additions to existing buildings, and any other exterior improvements that require issuance of a building permit shall be subject to architectural review pursuant to the provisions of Chapter 9.32 of this Article. Page 59: [15] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Part 9.04.08.08 R3 Medium Density Multiple Family Residential District Page 59: [15] Deleted Jonathan Lait 3/26/2004 9:50:00 AM 9.04.08.08.010 Purpose. Page 59: [15] Deleted Jonathan Lait 3/26/2004 9:50:00 AM The R3 District is intended to provide a broad range of housing within medium density multiple family residential neighborhoods (zero to thirty-five dwelling units per net residential acre) free of disturbing noises, excessive traffic, and hazards created by moving automobiles. The R3 District is designed to prevent burdens on the public facilities, including sewer, water, electricity and schools by an influx and increase of people to the degree larger than the City's geographic limits, tax base or financial capabilities can reasonably and responsibly accommodate. The R3 District affords protection from deleterious environmental effects and serves to maintain and protect the existing character and state of the residential neighborhood. 9.04.08.08.020 Permitted uses. Page 59: [15] Deleted Jonathan Lait 3/26/2004 9:50:00 AM The following uses shall be permitted in the R3 District: Page 59: [15] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Congregate housing. Page 59: [15] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Domestic violence shelters. Page 59: [15] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Hospice facilities. Page 59: [15] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Multi-family dwelling units. Page 59: [15] Deleted Jonathan Lait 3/26/2004 9:50:00 AM One-story accessory buildings and structures up to fourteen feet in height. Page 59: [15] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Public parks and playgrounds. Page 59: [15] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Residential care facilities. Page 59: [15] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Senior housing. Page 59: [15] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Senior group housing. Page 59: [15] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Single family dwellings placed on a permanent foundation (including manufactured housing). Page 59: [15] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Single room occupancy housing. Page 59: [15] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Small family day care homes. Page 59: [16] Deleted Jonathan Lait 3/26/2004 9:50:00 AM ard sales, limited to two per calendar year, for each dwelling unit, for a maximum of two days. 9.04.08.08.030 Uses subject to performance standards permit. Page 59: [16] Deleted Jonathan Lait 3/26/2004 9:50:00 AM The following uses may be permitted in the R3 District subject to the approval of a Performance Standards Permit: Page 59: [17] Deleted Jonathan Lait 3/26/2004 9:50:00 AM ne-story accessory living quarters, up to fourteen feet in height, on a parcel having a minimum area of ten thousand square feet. Page 59: [18] Deleted Jonathan Lait 3/26/2004 9:50:00 AM rivate tennis courts. 9.04.08.08.040 Conditionally permitted uses. Page 59: [18] Deleted Jonathan Lait 3/26/2004 9:50:00 AM The following uses may be permitted in the R3 District subject to the approval of a Conditional Use Permit: Page 59: [19] Deleted Jonathan Lait 3/26/2004 9:50:00 AM eighborhood grocery stores. Page 59: [19] Deleted Jonathan Lait 3/26/2004 9:54:00 AM Offices and meeting rooms for charitable, youth, and welfare organizations. Page 59: [19] Deleted Jonathan Lait 3/26/2004 9:50:00 AM One story accessory buildings over fourteen feet in height or two story accessory buildings up to a maximum height of twenty-four feet. Page 59: [19] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Residential care facilities. Page 59: [19] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Rest homes Page 59: [19] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Schools. Page 59: [19] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Underground parking structures provided the parcel was occupied by a surface parking lot at the time of adoption of this Chapter, the parcel is not adjacent to a parcel in the C2 District, the ground level above the underground parking structure is used for residential or public park and open space uses, the structure is associated with an adjacent commercially zoned parcel, and the vehicle access to the underground parking is from the commercially zoned parcel and as far from the residentially zoned parcel as is reasonably possible. 9.04.08.08.050 Prohibited uses. Page 59: [19] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Page 59: [19] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Rooftop parking. Page 59: [19] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Any use not specifically authorized. 9.04.08.08.060 Property development standards. All property in the R3 District shall be developed in accordance with the following standards: Page 59: [19] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Maximum Building Height. Three stories, not to exceed forty feet, except that there shall be no limitation on the number of stories of any affordable housing project, as long as the building height does not exceed forty feet. Page 59: [19] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Maximum Unit Density. One dwelling unit for each one thousand two hundred fifty square feet of parcel area. No more than one dwelling unit shall be permitted on a parcel of less than four thousand square feet if a single family dwelling existed on the parcel on September 8, 1988. Page 59: [19] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Maximum Parcel Coverage. Fifty percent of the parcel area. Page 59: [19] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Minimum Parcel Size. Five thousand square feet. Each parcel shall contain a minimum depth of one hundred feet and a minimum width of fifty feet, except that parcels existing on September 8, 1988, shall not be subject to this requirement. Page 59: [19] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Front Yard Setback. The minimum required front yard setback shall be either twenty feet, or shall comply with the minimum required front yard setback for the district as set forth in the Official Districting Map, whichever area is greater. Page 59: [19] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Rear Yard Setback. Fifteen feet. Page 59: [19] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Side Yard Setback. The minimum required side yard setback shall be determined in accordance with the following formula, except that for parcels of less than fifty feet in width, the minimum required side yard setback shall be ten percent of the parcel lot width, but in any event not less than four feet: 5' + (stories × lot width) 50' Page 59: [19] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Development Review. A Development Review Permit shall be required for any development of twenty-two thousand five hundred square feet or more in floor area. Page 59: [19] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Private Open Space. Any project containing four or more residential dwelling units shall provide the following minimum open space: one hundred square feet per unit for projects with four or five units, and fifty square feet per unit for projects of six units or more. For purposes of this requirement, "residential dwelling unit" shall mean any unit three hundred seventy-six square feet in area or larger. Affordable housing projects may substitute one square foot of common open space for each square foot of required private open space. Page 59: [19] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Upper-Level Stepback Requirements. Page 59: [19] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Additional Front Stepback Over Fourteen Feet in Height. For new structures or additions to existing structures, any portion of the front building elevation between fourteen feet and thirty 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 requirement stepback greater than ten feet. As used in this Section, "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 setbacks. Page 59: [19] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Additional Front Stepback Over Thirty Feet in Height. For new structures or additions to existing structures, any portion of the front building elevation above thirty 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 six percent of parcel depth, but in no case resulting in a required stepback greater than thirteen feet. Page 59: [19] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Additional Side Stepback Over Fourteen Feet in Height. For new structures or additions to existing structures, any portion of the side building elevation between fourteen feet and thirty feet exceeding fifty percent of the maximum buildable side elevation shall be stepped back from the side setback line an additional average amount equal to six percent of parcel width, but in no case resulting in a required stepback greater than ten feet. Page 59: [19] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Additional Side Stepback Over Thirty Feet in Height. For new structures or additions to existing structures, any portion of the side building elevation above thirty feet exceeding fifty percent of the maximum buildable side elevation shall be stepped back from the side setback line an additional average amount equal to ten percent of parcel width, but in no case resulting in a required stepback greater than thirteen feet. Page 59: [19] Deleted Jonathan Lait 3/26/2004 9:50:00 AM The upper-level stepback requirements 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 features which reduce effective mass to a degree comparable to the relevant standard requirement. 9.04.08.08.070 Architectural review. Page 59: [19] Deleted Jonathan Lait 3/26/2004 9:50:00 AM All new construction, new additions to existing buildings, and any other exterior improvements that require issuance of a building permit shall be subject to architectural review pursuant to the provisions of Chapter 9.32 of this Article. Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Part 9.04.08.10 R4 High Density Multiple Family Residential District Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM 9.04.08.10.010 Purpose. Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM The R4 District is intended to provide a broad range of housing within high density multiple family residential neighborhoods (zero to forty-eight dwelling units per net residential acre) free of disturbing noises, excessive traffic, and hazards created by moving automobiles. The R4 district is designed to prevent burdens on the public facilities, including sewer, water, electricity and schools by an influx and increase of people to the degree larger than the City's geographic limits, tax base or financial capabilities can reasonably and responsibly accommodate. The R4 district affords protection from deleterious environmental effects and serves to maintain and protect the existing character and state of the residential neighborhood. 9.04.08.10.020 Permitted uses. Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM The following uses shall be permitted in the R4 District: Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Congregate housing. Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Domestic violence shelters. Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Hospice facilities. Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Multi-family dwelling units. Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM One-story accessory buildings and structures up to fourteen feet in height. Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Public parks and playgrounds. Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Senior housing. Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Senior group housing. Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Single family dwellings placed on a permanent foundation (including manufactured housing). Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Single room occupancy housing. Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Small family day care homes. Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Transitional housing. Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Yard sales, limited to two per calendar year, for each dwelling unit, for a maximum of two days each. 9.04.08.10.030 Uses subject to performance standards permit. Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM The following uses may be permitted in the R4 District subject to the approval of a Performance Standards Permit: Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Large family day care homes. Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM One-story accessory living quarters, up to fourteen feet in height, on a parcel having a minimum area of ten thousand square feet. Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Private tennis courts. 9.04.08.10.040 Conditionally permitted uses. Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM The following uses may be permitted in the R4 District subject to the approval of a Conditional Use Permit: Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Bed and breakfast facilities. Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Boarding houses. Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Child day care centers. Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Clubs or lodges. Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Community care facilities. Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Hotels with incidental businesses. Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Libraries. Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Municipal parking structures. Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Neighborhood grocery stores. Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Offices and meeting rooms for charitable, youth, and welfare organizations. Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM One story accessory buildings over fourteen feet in height or two story accessory buildings up to a maximum height of twenty-four feet. Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Places of worship. Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Residential care facilities. Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Rest homes. Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Schools. Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Shelters for the homeless. Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Underground parking structures provided the parcel was occupied by a surface parking lot at the time of adoption of this Chapter, the parcel is not adjacent to a parcel in the C2 District, the ground level above the underground parking structure is used for residential or public par and open space uses, the structure is associated with an adjacent commercially zoned parcel, and the vehicle access to the underground parking is from the commercially zoned parcel and as far from the residentially zoned parcel as is reasonably possible. 9.04.08.10.050 Prohibited uses. Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Rooftop parking. Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Any use not specifically authorized. 9.04.08.10.060 Property development standards. Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM All property in the R4 District shall be developed in accordance with the following standards: Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Maximum Building Height. Four stories, not to exceed forty-five feet. There shall be no limitation on the number of stories of any hotel, parking structure or affordable housing project, so long as the height does not exceed forty-five feet. Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Maximum Unit Density. One dwelling unit for each nine hundred square feet of parcel area. No more than one dwelling unit shall be permitted on a parcel of less than four thousand square feet if a single family dwelling existed on the parcel on September 8, 1988. Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Maximum Parcel Coverage. Fifty percent of the parcel area. Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Minimum Parcel Size. Five thousand square feet. Each parcel shall contain a minimum depth of one hundred feet and a minimum width of fifty feet, except that parcels existing on September 8, 1988, are not subject to this requirement. Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Front Yard Setback. The minimum required front yard setback shall be either twenty feet, or shall comply with the minimum required front yard setback for the district as set forth in the Official Districting Map, whichever area is greater. Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Rear Yard Setback. Fifteen feet. Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Side Yard Setback. The minimum required side yard setback shall be determined in accordance with the following formula, except that for lots of less than fifty feet in width, the minimum required side yard setback shall be ten percent of the parcel width, but in any event not less than four feet: 5' + (stories × lot width) 50' Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Development Review. A Development Review Permit shall be required for any development of twenty-five thousand square feet or more in floor area. Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Private Open Space. Any project containing four or more residential dwelling units shall provide the following minimum open space: one hundred square feet per unit for projects with four or five units, and fifty square feet per unit for projects of six units or more. For purposes of this requirement, "residential dwelling unit" shall mean any unit three hundred seventy-six square feet in area or larger. Affordable housing projects may substitute one square foot of common open space for each square foot of required private open space. Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Upper-Level Stepback Requirements. Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Additional Front Stepback Over Fourteen Feet in Height. For new structures or additions to existing structures, any portion of the front building elevation between fourteen feet and thirty 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 requirement stepback greater than ten feet. As used in this Section, "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 setbacks. Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Additional Front Stepback Over Thirty Feet in Height. For new structures or additions to existing structures, any portion of the front building elevation above thirty 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 six percent of parcel depth, but in no case resulting in a required stepback greater than thirteen feet. Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Additional Side Stepback Over Fourteen Feet in Height. For new structures or additions to existing structures, any portion of the side building elevation between fourteen feet and thirty feet exceeding fifty percent of the maximum buildable side elevation shall be stepped back from the side setback line an additional average amount equal to six percent of parcel width, but in no case resulting in a required stepback greater than ten feet. Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Additional Side Stepback Over Thirty Feet in Height. For new structures or additions to existing structures, any portion of the side building elevation above thirty feet exceeding fifty percent of the maximum buildable side elevation shall be stepped back from the side setback line an additional average amount equal to ten percent of parcel width, but in no case resulting in a required stepback greater than thirteen feet. Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM The upper-level stepback requirements 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 features which reduce effective mass to a degree comparable to the relevant standard requirement. 9.04.08.10.070 Architectural review. Page 59: [20] Deleted Jonathan Lait 3/26/2004 9:50:00 AM All new construction, additions to existing buildings, and any other exterior improvements that require issuance of a building permit shall be subject to architectural review pursuant to the provisions of Chapter 9.32 of this Article. Page 59: [21] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Part 9.04.08.56 NW North of Wilshire Overlay District Page 59: [21] Deleted Jonathan Lait 3/26/2004 9:50:00 AM 9.04.08.56.010 Purpose. Page 59: [21] Deleted Jonathan Lait 3/26/2004 9:50:00 AM The NW Overlay District is intended to protect the existing neighborhood character and ensure that new development integrates and is compatible with the surrounding residential area. 9.04.08.56.020 Permitted uses. Page 59: [21] Deleted Jonathan Lait 3/26/2004 9:50:00 AM The following uses shall be permitted in the NW Overlay District: Page 59: [21] Deleted Jonathan Lait 3/26/2004 9:50:00 AM All uses listed as permitted uses within the residential district in which the parcel is located; Page 59: [21] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Hotels in existence as of January 1, 1995, or their replacement with a new hotel at an existing hotel site in conformance with the physical development standards in effect at the time of such replacement; provided: Page 59: [21] Deleted Jonathan Lait 3/26/2004 9:50:00 AM There is no increase in the floor area of the hotel after January 1, 1995, Page 59: [21] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Any increase in the number of rooms is accomplish through subdivision of rooms existing on January 1, 1995 and does not exceed five percent of the number of rooms existing on January 1, 1995, or five rooms, whichever is less, and Page 59: [21] Deleted Jonathan Lait 3/26/2004 9:50:00 AM All other Zoning Ordinance requirements are met, including parking requirements for any addition of rooms after January 1, 1995. 9.04.08.56.030 Uses subject to performance standards. Page 59: [21] Deleted Jonathan Lait 3/26/2004 9:50:00 AM The following uses may be permitted in the NW Overlay District subject to the approval of a performance standards permit: Page 59: [21] Deleted Jonathan Lait 3/26/2004 9:50:00 AM All uses listed as subject to performance standards permit in the residential district in which the parcel is located. 9.04.08.56.040 Conditionally permitted uses. Page 59: [21] Deleted Jonathan Lait 3/26/2004 9:50:00 AM The following uses may be permitted in the NW Overlay District subject to the approval of a conditional use permit: Page 59: [21] Deleted Jonathan Lait 3/26/2004 9:50:00 AM All uses listed as conditionally permitted uses in the residential district in which the parcel is located. 9.04.08.56.050 Prohibited uses. Page 59: [21] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Page 59: [21] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Any use not specifically authorized. 9.04.08.56.060 Property development standards. Page 59: [21] Deleted Jonathan Lait 3/26/2004 9:50:00 AM All property in the NW Overlay District shall be developed in accordance with the same standards as those listed for the underlying zoning district except for the following, if different: Page 59: [21] Deleted Jonathan Lait 3/26/2004 9:50:00 AM R2 Maximum Building Height. Two stories not to exceed twenty-three feet for a flat roof, and thirty feet for a pitched roof, except that there shall be no limitation on the number of stories of any affordable housing project, as long as allowed building height is not exceeded. A pitched roof is defined as a roof with at least two sides having no less than one foot of vertical rise for every three feet of horizontal run. The exterior walls of the building may not exceed the maximum height for a flat roof except that portion of the wall within a roof gable. Page 59: [21] Deleted Jonathan Lait 3/26/2004 9:50:00 AM R3 Maximum Building Height. Three stories, not to exceed thirty-five feet for a flat roof or forty feet for a pitched roof, except that there shall be no limitation on the number of stories of any affordable housing project, as long as allowed building height is not exceeded. A pitched roof is defined as a roof with at least two sides having no less than one foot of vertical rise for every three feet of horizontal run. The exterior walls of the building may not exceed the maximum height for a flat roof except that portion of the wall within the roof gable. Page 59: [21] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Front Yard Setback. Twenty feet, or as shown on the Official Districting Map, whichever is greater. At least twenty-four percent of the front elevation from the grade level up to fourteen feet in height shall provide an additional five-foot average setback, and thirty percent of the front elevation above fifteen feet in height shall provide an additional ten-foot average setback from the minimum front yard setback. Page 59: [21] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Side Yard Setback. The side yard setback shall be determined in accordance with the following formula, except for lots of less than fifty feet in width for which the side yard shall be ten percent of the parcel width but not less than four feet: 5' + (stories × lot width) 50' No more than fifty percent of the side building facade between three feet and thirteen feet above grade may be at the same parallel plane. A minimum separation of at least two feet is required between parallel planes. Portions of the building between fourteen feet and thirty feet shall provide an additional four-foot average setback from the required minimum side yard setback. Between fourteen feet and thirty feet no more than fifty percent of the side building facade may be at the same parallel plane. A minimum separation of at least two feet is required between parallel planes. Portions of the building between thirty-one feet and forty-five feet in height shall provide an additional eight-foot average setback from the required minimum side yard setback. Between thirty-one feet and forty-five feet no more than fifty percent of the side building facade may be at the same parallel plane. A minimum separation of at least two feet is required between parallel planes. The intent of this Section is to empower the Architectural Review Board to require, as it sees appropriate, greater setbacks and building articulation to ensure compatibility of new buildings with existing development. Page 59: [21] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Usable Private Open Space. All units shall have the following minimum amounts of usable private space per unit: one hundred square feet for projects with four or five units, and fifty square feet for projects of six units or more. Private open space shall include a deck, yard, patio or combination thereof which is adjacent to, accessible from, and at the same or approximate elevation as the primary space. Page 59: [21] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Maximum Unit Density. Density shall be the same as that listed in the underlying zoning district subject to the following exceptions: Page 59: [21] Deleted Jonathan Lait 3/26/2004 9:50:00 AM With regard to affordable housing projects in which one hundred percent of the proposed units are deed-restricted for very low or moderate income, the density may be one dwelling unit for every nine hundred square feet of parcel area in the R3 District and one dwelling unit for every twelve hundred fifty square feet in the R2 District. Page 59: [21] Deleted Jonathan Lait 3/26/2004 9:50:00 AM The density on parcels consolidated after the effective date of the ordinance codified in this Chapter with a total square footage greater than fifteen thousand square feet or exceeding a combined street frontage of one hundred feet shall be one dwelling unit for every fifteen hundred square feet in the R3 District, and one dwelling unit for every two thousand square feet in the R2 District. 9.04.08.56.070 Construction rate program. Page 59: [21] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Page 59: [21] Deleted Jonathan Lait 3/26/2004 9:50:00 AM For projects of two or more dwelling units, one construction project shall be allowed per block, or within three hundred linear feet in the north and south direction of a project. This restriction shall apply for eight months after issuance of a building permit, after which time another project may begin construction in the defined area. For purposes of this Part, a block is defined as parcels on both sides of the street in the same block face, and includes adjacent parcels separated by a street or alley. Page 59: [21] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Building permits shall be provided on a first come first served basis in accordance with the terms of this Section. No application for a building permit shall be accepted for filing or otherwise processed by the Building and Safety Division unless the applicant provides documentation on forms provided by the City that the project has received all other city approvals or permits necessary to commence the project, with the exception of building and sewer allocation permits. Page 59: [21] Deleted Jonathan Lait 3/26/2004 9:50:00 AM During the plan-check process, the Building and Safety Division shall determine the status of other building permits for projects in the area. A building permit shall be issued only when the Building Officer determines that a building permit has not been issued in the previous eight months for any other project on the same block or within three hundred linear feet to the north or south of the project. Page 59: [21] Deleted Jonathan Lait 3/26/2004 9:50:00 AM If the Building Officer determines that another building permit has been issued less than eight months prior to the date on which the building permit has received all plan-check approvals, the Building Officer shall place the project on a waiting list in order of the date and time of day that the permit application received all plan-check approvals. The life of other City approvals or permits necessary to commence the project shall be automatically extended by the amount of time that a project remains on the waiting list. The Building Officer shall approve the project in accordance with the Uniform Technical Code in effect at the time of the plan check. Page 59: [21] Deleted Jonathan Lait 3/26/2004 9:50:00 AM The following projects shall be exempt from the construction rate program. Page 59: [21] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Affordable housing projects in which one hundred percent of the units are deed- restricted for very low, low, middle, and/or moderate income housing. Page 59: [21] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Community care facilities as defined in Section 9.04.02.030 of the Santa Monica Municipal Code. Page 59: [21] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Structures identified by the Building and Safety Division as unreinforced masonry construction and subject to City-mandated seismic upgrading. Page 59: [21] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Within two years after the effective date of this Section, the Planning Commission shall prepare a report to the City Council on the operation of this Section. 9.04.08.56.080 Required landscaping. Page 59: [21] Deleted Jonathan Lait 3/26/2004 9:50:00 AM All property in the NW Overlay District shall be developed in accordance with the same standards as those required in Part 9.04.10.04 for the underlying zoning district, including the following: Page 59: [21] Deleted Jonathan Lait 3/26/2004 9:50:00 AM A minimum of fifty percent of both required side yard setbacks shall be landscaped. Page 59: [21] Deleted Jonathan Lait 3/26/2004 9:50:00 AM A minimum of two twenty-four-inch box trees shall be planted in the front yard setback. 9.04.08.56.090 Architectural review. Page 59: [21] Deleted Jonathan Lait 3/26/2004 9:50:00 AM All new construction, new additions to existing buildings, and any other exterior improvements that require issuance of a building permit shall be subject to architectural review pursuant to the provisions of Chapter 9.32 of this Article. 9.04.08.56.100 Construction management plan. Page 59: [21] Deleted Jonathan Lait 3/26/2004 9:50:00 AM All projects costing one hundred thousand dollars or more, shall be required to provide a construction management site plan in the form and manner required by the Planning Commission. Page 80: [22] Deleted Jonathan Lait 3/26/2004 9:37:00 AM The following uses may be permitted in the R2 District subject to the approval of a performance standards permit: Page 80: [23] Deleted Jonathan Lait 3/26/2004 9:27:00 AM Large family day care homes. Page 80: [24] Deleted Jonathan Lait 3/26/2004 9:27:00 AM One-story accessory living quarters, up to fourteen feet in height, on a parcel having a minimum area of ten thousand square feet. Page 80: [25] Deleted Jonathan Lait 3/26/2004 9:37:00 AM Private tennis courts. Page 80: [26] Deleted Jonathan Lait 3/26/2004 9:37:00 AM Conditionally permitted uses. Page 80: [27] Deleted Jonathan Lait 3/26/2004 9:37:00 AM The following uses may be permitted in the R2 District subject to the approval of a Conditional Use Permit: Page 80: [28] Deleted Jonathan Lait 3/26/2004 9:27:00 AM Neighborhood grocery stores. Page 80: [29] Deleted Jonathan Lait 3/26/2004 9:27:00 AM Offices and meeting rooms for charitable, youth, and welfare organizations. Page 80: [30] Deleted Jonathan Lait 3/26/2004 9:27:00 AM One-story accessory buildings over fourteen feet in height or two story accessory buildings up to a maximum height of twenty-four feet. Page 80: [31] Deleted Jonathan Lait 3/26/2004 9:27:00 AM Underground parking structures provided the parcel was occupied by a surface parking lot at the time of adoption of this Chapter, the parcel is not adjacent to a parcel in the C2 District, the ground level above the underground parking structure is used for residential or public park and open space uses, the structure is associated with an adjacent commercially zoned parcel, and the vehicle access to the underground parking is from the commercially zoned parcel and as far from the residentially zoned parcel as is reasonably possible. Page 80: [32] Deleted Jonathan Lait 3/25/2004 6:34:00 PM Any use not specifically authorized. Page 83: [33] Deleted Jonathan Lait 3/25/2004 8:46:00 PM Additional Side Stepback Over 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 average amount equal to six percent of parcel width, but in no case resulting in a required stepback greater than ten feet. Page 83: [34] Deleted Jonathan Lait 3/25/2004 8:46:00 PM The upper-level stepback requirements 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 features which reduce effective mass to a degree comparable to the relevant standard requirement. Page 83: [35] Deleted Claudia_T 5/5/2004 11:12:00 AM All new construction, new additions to existing buildings, and any other exterior improvements that require issuance of a building permit shall be subject to architectural review pursuant to the provisions of Chapter 9.32 of this Article. Page 85: [36] Deleted Claudia_T 5/5/2004 1:52:00 PM , Page 85: [36] Deleted Claudia_T 5/5/2004 1:52:00 PM existing Page 85: [36] Deleted Claudia_T 5/5/2004 1:53:00 PM s Page 85: [36] Deleted Claudia_T 5/5/2004 1:53:00 PM and any other exterior improvements that require issuance of a building permit Page 85: [36] Deleted Claudia_T 5/5/2004 1:07:00 PM architectural review pursuant to the provisions of Chapter 9.32 of this Article. Page 85: [37] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Part 9.04.08.08 R3 Medium Density Multiple Family Residential District Page 85: [37] Deleted Jonathan Lait 3/26/2004 9:50:00 AM 9.04.08.08.010 Purpose. Page 85: [37] Deleted Jonathan Lait 3/26/2004 9:50:00 AM The R3 District is intended to provide a broad range of housing within medium density multiple family residential neighborhoods (zero to thirty-five dwelling units per net residential acre) free of disturbing noises, excessive traffic, and hazards created by moving automobiles. The R3 District is designed to prevent burdens on the public facilities, including sewer, water, electricity and schools by an influx and increase of people to the degree larger than the City's geographic limits, tax base or financial capabilities can reasonably and responsibly accommodate. The R3 District affords protection from deleterious environmental effects and serves to maintain and protect the existing character and state of the residential neighborhood. 9.04.08.08.020 Permitted uses. Page 85: [37] Deleted Jonathan Lait 3/26/2004 9:50:00 AM The following uses shall be permitted in the R3 District: Page 85: [37] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Congregate housing. Page 85: [37] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Domestic violence shelters. Page 85: [37] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Hospice facilities. Page 85: [37] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Multi-family dwelling units. Page 85: [37] Deleted Jonathan Lait 3/26/2004 9:50:00 AM One-story accessory buildings and structures up to fourteen feet in height. Page 85: [37] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Public parks and playgrounds. Page 85: [37] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Residential care facilities. Page 85: [37] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Senior housing. Page 85: [37] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Senior group housing. Page 85: [37] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Single family dwellings placed on a permanent foundation (including manufactured housing). Page 85: [37] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Single room occupancy housing. Page 85: [37] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Small family day care homes. Page 85: [38] Deleted Jonathan Lait 3/26/2004 9:50:00 AM ard sales, limited to two per calendar year, for each dwelling unit, for a maximum of two days. 9.04.08.08.030 Uses subject to performance standards permit. Page 85: [38] Deleted Jonathan Lait 3/26/2004 9:50:00 AM The following uses may be permitted in the R3 District subject to the approval of a Performance Standards Permit: Page 85: [39] Deleted Jonathan Lait 3/26/2004 9:50:00 AM ne-story accessory living quarters, up to fourteen feet in height, on a parcel having a minimum area of ten thousand square feet. Page 85: [40] Deleted Jonathan Lait 3/26/2004 9:50:00 AM rivate tennis courts. 9.04.08.08.040 Conditionally permitted uses. Page 85: [40] Deleted Jonathan Lait 3/26/2004 9:50:00 AM The following uses may be permitted in the R3 District subject to the approval of a Conditional Use Permit: Page 85: [41] Deleted Jonathan Lait 3/26/2004 9:50:00 AM eighborhood grocery stores. Page 85: [41] Deleted Jonathan Lait 3/26/2004 9:54:00 AM Offices and meeting rooms for charitable, youth, and welfare organizations. Page 85: [41] Deleted Jonathan Lait 3/26/2004 9:50:00 AM One story accessory buildings over fourteen feet in height or two story accessory buildings up to a maximum height of twenty-four feet. Page 85: [41] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Residential care facilities. Page 85: [41] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Rest homes Page 85: [41] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Schools. Page 85: [41] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Underground parking structures provided the parcel was occupied by a surface parking lot at the time of adoption of this Chapter, the parcel is not adjacent to a parcel in the C2 District, the ground level above the underground parking structure is used for residential or public park and open space uses, the structure is associated with an adjacent commercially zoned parcel, and the vehicle access to the underground parking is from the commercially zoned parcel and as far from the residentially zoned parcel as is reasonably possible. 9.04.08.08.050 Prohibited uses. Page 85: [41] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Page 85: [41] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Rooftop parking. Page 85: [41] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Any use not specifically authorized. 9.04.08.08.060 Property development standards. All property in the R3 District shall be developed in accordance with the following standards: Page 85: [41] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Maximum Building Height. Three stories, not to exceed forty feet, except that there shall be no limitation on the number of stories of any affordable housing project, as long as the building height does not exceed forty feet. Page 85: [41] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Maximum Unit Density. One dwelling unit for each one thousand two hundred fifty square feet of parcel area. No more than one dwelling unit shall be permitted on a parcel of less than four thousand square feet if a single family dwelling existed on the parcel on September 8, 1988. Page 85: [41] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Maximum Parcel Coverage. Fifty percent of the parcel area. Page 85: [41] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Minimum Parcel Size. Five thousand square feet. Each parcel shall contain a minimum depth of one hundred feet and a minimum width of fifty feet, except that parcels existing on September 8, 1988, shall not be subject to this requirement. Page 85: [41] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Front Yard Setback. The minimum required front yard setback shall be either twenty feet, or shall comply with the minimum required front yard setback for the district as set forth in the Official Districting Map, whichever area is greater. Page 85: [41] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Rear Yard Setback. Fifteen feet. Page 85: [41] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Side Yard Setback. The minimum required side yard setback shall be determined in accordance with the following formula, except that for parcels of less than fifty feet in width, the minimum required side yard setback shall be ten percent of the parcel lot width, but in any event not less than four feet: 5' + (stories × lot width) 50' Page 85: [41] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Development Review. A Development Review Permit shall be required for any development of twenty-two thousand five hundred square feet or more in floor area. Page 85: [41] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Private Open Space. Any project containing four or more residential dwelling units shall provide the following minimum open space: one hundred square feet per unit for projects with four or five units, and fifty square feet per unit for projects of six units or more. For purposes of this requirement, "residential dwelling unit" shall mean any unit three hundred seventy-six square feet in area or larger. Affordable housing projects may substitute one square foot of common open space for each square foot of required private open space. Page 85: [41] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Upper-Level Stepback Requirements. Page 85: [41] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Additional Front Stepback Over Fourteen Feet in Height. For new structures or additions to existing structures, any portion of the front building elevation between fourteen feet and thirty 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 requirement stepback greater than ten feet. As used in this Section, "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 setbacks. Page 85: [41] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Additional Front Stepback Over Thirty Feet in Height. For new structures or additions to existing structures, any portion of the front building elevation above thirty 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 six percent of parcel depth, but in no case resulting in a required stepback greater than thirteen feet. Page 85: [41] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Additional Side Stepback Over Fourteen Feet in Height. For new structures or additions to existing structures, any portion of the side building elevation between fourteen feet and thirty feet exceeding fifty percent of the maximum buildable side elevation shall be stepped back from the side setback line an additional average amount equal to six percent of parcel width, but in no case resulting in a required stepback greater than ten feet. Page 85: [41] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Additional Side Stepback Over Thirty Feet in Height. For new structures or additions to existing structures, any portion of the side building elevation above thirty feet exceeding fifty percent of the maximum buildable side elevation shall be stepped back from the side setback line an additional average amount equal to ten percent of parcel width, but in no case resulting in a required stepback greater than thirteen feet. Page 85: [41] Deleted Jonathan Lait 3/26/2004 9:50:00 AM The upper-level stepback requirements 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 features which reduce effective mass to a degree comparable to the relevant standard requirement. 9.04.08.08.070 Architectural review. Page 85: [41] Deleted Jonathan Lait 3/26/2004 9:50:00 AM All new construction, new additions to existing buildings, and any other exterior improvements that require issuance of a building permit shall be subject to architectural review pursuant to the provisions of Chapter 9.32 of this Article. Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Part 9.04.08.10 R4 High Density Multiple Family Residential District Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM 9.04.08.10.010 Purpose. Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM The R4 District is intended to provide a broad range of housing within high density multiple family residential neighborhoods (zero to forty-eight dwelling units per net residential acre) free of disturbing noises, excessive traffic, and hazards created by moving automobiles. The R4 district is designed to prevent burdens on the public facilities, including sewer, water, electricity and schools by an influx and increase of people to the degree larger than the City's geographic limits, tax base or financial capabilities can reasonably and responsibly accommodate. The R4 district affords protection from deleterious environmental effects and serves to maintain and protect the existing character and state of the residential neighborhood. 9.04.08.10.020 Permitted uses. Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM The following uses shall be permitted in the R4 District: Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Congregate housing. Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Domestic violence shelters. Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Hospice facilities. Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Multi-family dwelling units. Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM One-story accessory buildings and structures up to fourteen feet in height. Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Public parks and playgrounds. Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Senior housing. Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Senior group housing. Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Single family dwellings placed on a permanent foundation (including manufactured housing). Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Single room occupancy housing. Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Small family day care homes. Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Transitional housing. Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Yard sales, limited to two per calendar year, for each dwelling unit, for a maximum of two days each. 9.04.08.10.030 Uses subject to performance standards permit. Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM The following uses may be permitted in the R4 District subject to the approval of a Performance Standards Permit: Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Large family day care homes. Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM One-story accessory living quarters, up to fourteen feet in height, on a parcel having a minimum area of ten thousand square feet. Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Private tennis courts. 9.04.08.10.040 Conditionally permitted uses. Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM The following uses may be permitted in the R4 District subject to the approval of a Conditional Use Permit: Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Bed and breakfast facilities. Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Boarding houses. Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Child day care centers. Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Clubs or lodges. Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Community care facilities. Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Hotels with incidental businesses. Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Libraries. Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Municipal parking structures. Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Neighborhood grocery stores. Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Offices and meeting rooms for charitable, youth, and welfare organizations. Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM One story accessory buildings over fourteen feet in height or two story accessory buildings up to a maximum height of twenty-four feet. Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Places of worship. Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Residential care facilities. Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Rest homes. Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Schools. Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Shelters for the homeless. Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Underground parking structures provided the parcel was occupied by a surface parking lot at the time of adoption of this Chapter, the parcel is not adjacent to a parcel in the C2 District, the ground level above the underground parking structure is used for residential or public par and open space uses, the structure is associated with an adjacent commercially zoned parcel, and the vehicle access to the underground parking is from the commercially zoned parcel and as far from the residentially zoned parcel as is reasonably possible. 9.04.08.10.050 Prohibited uses. Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Rooftop parking. Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Any use not specifically authorized. 9.04.08.10.060 Property development standards. Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM All property in the R4 District shall be developed in accordance with the following standards: Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Maximum Building Height. Four stories, not to exceed forty-five feet. There shall be no limitation on the number of stories of any hotel, parking structure or affordable housing project, so long as the height does not exceed forty-five feet. Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Maximum Unit Density. One dwelling unit for each nine hundred square feet of parcel area. No more than one dwelling unit shall be permitted on a parcel of less than four thousand square feet if a single family dwelling existed on the parcel on September 8, 1988. Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Maximum Parcel Coverage. Fifty percent of the parcel area. Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Minimum Parcel Size. Five thousand square feet. Each parcel shall contain a minimum depth of one hundred feet and a minimum width of fifty feet, except that parcels existing on September 8, 1988, are not subject to this requirement. Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Front Yard Setback. The minimum required front yard setback shall be either twenty feet, or shall comply with the minimum required front yard setback for the district as set forth in the Official Districting Map, whichever area is greater. Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Rear Yard Setback. Fifteen feet. Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Side Yard Setback. The minimum required side yard setback shall be determined in accordance with the following formula, except that for lots of less than fifty feet in width, the minimum required side yard setback shall be ten percent of the parcel width, but in any event not less than four feet: 5' + (stories × lot width) 50' Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Development Review. A Development Review Permit shall be required for any development of twenty-five thousand square feet or more in floor area. Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Private Open Space. Any project containing four or more residential dwelling units shall provide the following minimum open space: one hundred square feet per unit for projects with four or five units, and fifty square feet per unit for projects of six units or more. For purposes of this requirement, "residential dwelling unit" shall mean any unit three hundred seventy-six square feet in area or larger. Affordable housing projects may substitute one square foot of common open space for each square foot of required private open space. Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Upper-Level Stepback Requirements. Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Additional Front Stepback Over Fourteen Feet in Height. For new structures or additions to existing structures, any portion of the front building elevation between fourteen feet and thirty 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 requirement stepback greater than ten feet. As used in this Section, "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 setbacks. Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Additional Front Stepback Over Thirty Feet in Height. For new structures or additions to existing structures, any portion of the front building elevation above thirty 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 six percent of parcel depth, but in no case resulting in a required stepback greater than thirteen feet. Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Additional Side Stepback Over Fourteen Feet in Height. For new structures or additions to existing structures, any portion of the side building elevation between fourteen feet and thirty feet exceeding fifty percent of the maximum buildable side elevation shall be stepped back from the side setback line an additional average amount equal to six percent of parcel width, but in no case resulting in a required stepback greater than ten feet. Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Additional Side Stepback Over Thirty Feet in Height. For new structures or additions to existing structures, any portion of the side building elevation above thirty feet exceeding fifty percent of the maximum buildable side elevation shall be stepped back from the side setback line an additional average amount equal to ten percent of parcel width, but in no case resulting in a required stepback greater than thirteen feet. Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM The upper-level stepback requirements 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 features which reduce effective mass to a degree comparable to the relevant standard requirement. 9.04.08.10.070 Architectural review. Page 86: [42] Deleted Jonathan Lait 3/26/2004 9:50:00 AM All new construction, additions to existing buildings, and any other exterior improvements that require issuance of a building permit shall be subject to architectural review pursuant to the provisions of Chapter 9.32 of this Article. Page 86: [43] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Part 9.04.08.56 NW North of Wilshire Overlay District Page 86: [43] Deleted Jonathan Lait 3/26/2004 9:50:00 AM 9.04.08.56.010 Purpose. Page 86: [43] Deleted Jonathan Lait 3/26/2004 9:50:00 AM The NW Overlay District is intended to protect the existing neighborhood character and ensure that new development integrates and is compatible with the surrounding residential area. 9.04.08.56.020 Permitted uses. Page 86: [43] Deleted Jonathan Lait 3/26/2004 9:50:00 AM The following uses shall be permitted in the NW Overlay District: Page 86: [43] Deleted Jonathan Lait 3/26/2004 9:50:00 AM All uses listed as permitted uses within the residential district in which the parcel is located; Page 86: [43] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Hotels in existence as of January 1, 1995, or their replacement with a new hotel at an existing hotel site in conformance with the physical development standards in effect at the time of such replacement; provided: Page 86: [43] Deleted Jonathan Lait 3/26/2004 9:50:00 AM There is no increase in the floor area of the hotel after January 1, 1995, Page 86: [43] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Any increase in the number of rooms is accomplish through subdivision of rooms existing on January 1, 1995 and does not exceed five percent of the number of rooms existing on January 1, 1995, or five rooms, whichever is less, and Page 86: [43] Deleted Jonathan Lait 3/26/2004 9:50:00 AM All other Zoning Ordinance requirements are met, including parking requirements for any addition of rooms after January 1, 1995. 9.04.08.56.030 Uses subject to performance standards. Page 86: [43] Deleted Jonathan Lait 3/26/2004 9:50:00 AM The following uses may be permitted in the NW Overlay District subject to the approval of a performance standards permit: Page 86: [43] Deleted Jonathan Lait 3/26/2004 9:50:00 AM All uses listed as subject to performance standards permit in the residential district in which the parcel is located. 9.04.08.56.040 Conditionally permitted uses. Page 86: [43] Deleted Jonathan Lait 3/26/2004 9:50:00 AM The following uses may be permitted in the NW Overlay District subject to the approval of a conditional use permit: Page 86: [43] Deleted Jonathan Lait 3/26/2004 9:50:00 AM All uses listed as conditionally permitted uses in the residential district in which the parcel is located. 9.04.08.56.050 Prohibited uses. Page 86: [43] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Page 86: [43] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Any use not specifically authorized. 9.04.08.56.060 Property development standards. Page 86: [43] Deleted Jonathan Lait 3/26/2004 9:50:00 AM All property in the NW Overlay District shall be developed in accordance with the same standards as those listed for the underlying zoning district except for the following, if different: Page 86: [43] Deleted Jonathan Lait 3/26/2004 9:50:00 AM R2 Maximum Building Height. Two stories not to exceed twenty-three feet for a flat roof, and thirty feet for a pitched roof, except that there shall be no limitation on the number of stories of any affordable housing project, as long as allowed building height is not exceeded. A pitched roof is defined as a roof with at least two sides having no less than one foot of vertical rise for every three feet of horizontal run. The exterior walls of the building may not exceed the maximum height for a flat roof except that portion of the wall within a roof gable. Page 86: [43] Deleted Jonathan Lait 3/26/2004 9:50:00 AM R3 Maximum Building Height. Three stories, not to exceed thirty-five feet for a flat roof or forty feet for a pitched roof, except that there shall be no limitation on the number of stories of any affordable housing project, as long as allowed building height is not exceeded. A pitched roof is defined as a roof with at least two sides having no less than one foot of vertical rise for every three feet of horizontal run. The exterior walls of the building may not exceed the maximum height for a flat roof except that portion of the wall within the roof gable. Page 86: [43] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Front Yard Setback. Twenty feet, or as shown on the Official Districting Map, whichever is greater. At least twenty-four percent of the front elevation from the grade level up to fourteen feet in height shall provide an additional five-foot average setback, and thirty percent of the front elevation above fifteen feet in height shall provide an additional ten-foot average setback from the minimum front yard setback. Page 86: [43] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Side Yard Setback. The side yard setback shall be determined in accordance with the following formula, except for lots of less than fifty feet in width for which the side yard shall be ten percent of the parcel width but not less than four feet: 5' + (stories × lot width) 50' No more than fifty percent of the side building facade between three feet and thirteen feet above grade may be at the same parallel plane. A minimum separation of at least two feet is required between parallel planes. Portions of the building between fourteen feet and thirty feet shall provide an additional four-foot average setback from the required minimum side yard setback. Between fourteen feet and thirty feet no more than fifty percent of the side building facade may be at the same parallel plane. A minimum separation of at least two feet is required between parallel planes. Portions of the building between thirty-one feet and forty-five feet in height shall provide an additional eight-foot average setback from the required minimum side yard setback. Between thirty-one feet and forty-five feet no more than fifty percent of the side building facade may be at the same parallel plane. A minimum separation of at least two feet is required between parallel planes. The intent of this Section is to empower the Architectural Review Board to require, as it sees appropriate, greater setbacks and building articulation to ensure compatibility of new buildings with existing development. Page 86: [43] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Usable Private Open Space. All units shall have the following minimum amounts of usable private space per unit: one hundred square feet for projects with four or five units, and fifty square feet for projects of six units or more. Private open space shall include a deck, yard, patio or combination thereof which is adjacent to, accessible from, and at the same or approximate elevation as the primary space. Page 86: [43] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Maximum Unit Density. Density shall be the same as that listed in the underlying zoning district subject to the following exceptions: Page 86: [43] Deleted Jonathan Lait 3/26/2004 9:50:00 AM With regard to affordable housing projects in which one hundred percent of the proposed units are deed-restricted for very low or moderate income, the density may be one dwelling unit for every nine hundred square feet of parcel area in the R3 District and one dwelling unit for every twelve hundred fifty square feet in the R2 District. Page 86: [43] Deleted Jonathan Lait 3/26/2004 9:50:00 AM The density on parcels consolidated after the effective date of the ordinance codified in this Chapter with a total square footage greater than fifteen thousand square feet or exceeding a combined street frontage of one hundred feet shall be one dwelling unit for every fifteen hundred square feet in the R3 District, and one dwelling unit for every two thousand square feet in the R2 District. 9.04.08.56.070 Construction rate program. Page 86: [43] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Page 86: [43] Deleted Jonathan Lait 3/26/2004 9:50:00 AM For projects of two or more dwelling units, one construction project shall be allowed per block, or within three hundred linear feet in the north and south direction of a project. This restriction shall apply for eight months after issuance of a building permit, after which time another project may begin construction in the defined area. For purposes of this Part, a block is defined as parcels on both sides of the street in the same block face, and includes adjacent parcels separated by a street or alley. Page 86: [43] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Building permits shall be provided on a first come first served basis in accordance with the terms of this Section. No application for a building permit shall be accepted for filing or otherwise processed by the Building and Safety Division unless the applicant provides documentation on forms provided by the City that the project has received all other city approvals or permits necessary to commence the project, with the exception of building and sewer allocation permits. Page 86: [43] Deleted Jonathan Lait 3/26/2004 9:50:00 AM During the plan-check process, the Building and Safety Division shall determine the status of other building permits for projects in the area. A building permit shall be issued only when the Building Officer determines that a building permit has not been issued in the previous eight months for any other project on the same block or within three hundred linear feet to the north or south of the project. Page 86: [43] Deleted Jonathan Lait 3/26/2004 9:50:00 AM If the Building Officer determines that another building permit has been issued less than eight months prior to the date on which the building permit has received all plan-check approvals, the Building Officer shall place the project on a waiting list in order of the date and time of day that the permit application received all plan-check approvals. The life of other City approvals or permits necessary to commence the project shall be automatically extended by the amount of time that a project remains on the waiting list. The Building Officer shall approve the project in accordance with the Uniform Technical Code in effect at the time of the plan check. Page 86: [43] Deleted Jonathan Lait 3/26/2004 9:50:00 AM The following projects shall be exempt from the construction rate program. Page 86: [43] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Affordable housing projects in which one hundred percent of the units are deed- restricted for very low, low, middle, and/or moderate income housing. Page 86: [43] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Community care facilities as defined in Section 9.04.02.030 of the Santa Monica Municipal Code. Page 86: [43] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Structures identified by the Building and Safety Division as unreinforced masonry construction and subject to City-mandated seismic upgrading. Page 86: [43] Deleted Jonathan Lait 3/26/2004 9:50:00 AM Within two years after the effective date of this Section, the Planning Commission shall prepare a report to the City Council on the operation of this Section. 9.04.08.56.080 Required landscaping. Page 86: [43] Deleted Jonathan Lait 3/26/2004 9:50:00 AM All property in the NW Overlay District shall be developed in accordance with the same standards as those required in Part 9.04.10.04 for the underlying zoning district, including the following: Page 86: [43] Deleted Jonathan Lait 3/26/2004 9:50:00 AM A minimum of fifty percent of both required side yard setbacks shall be landscaped. Page 86: [43] Deleted Jonathan Lait 3/26/2004 9:50:00 AM A minimum of two twenty-four-inch box trees shall be planted in the front yard setback. 9.04.08.56.090 Architectural review. Page 86: [43] Deleted Jonathan Lait 3/26/2004 9:50:00 AM All new construction, new additions to existing buildings, and any other exterior improvements that require issuance of a building permit shall be subject to architectural review pursuant to the provisions of Chapter 9.32 of this Article. 9.04.08.56.100 Construction management plan. Page 86: [43] Deleted Jonathan Lait 3/26/2004 9:50:00 AM All projects costing one hundred thousand dollars or more, shall be required to provide a construction management site plan in the form and manner required by the Planning Commission.