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
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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.
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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
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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:
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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.
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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
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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
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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.
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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
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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
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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-
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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.
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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
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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.
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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
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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
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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.
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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.
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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.
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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
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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
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Emergency Ordinance
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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
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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
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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.
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(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
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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
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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
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... [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
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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
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The following uses may be permitted in the R2 District subject to the approval of a
performance standards permit:
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Large family day care homes.
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One-story accessory living quarters, up to fourteen feet in height, on a parcel
having a minimum area of ten thousand square feet.
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Private tennis courts.
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Conditionally permitted uses.
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The following uses may be permitted in the R2 District subject to the approval of a
Conditional Use Permit:
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Neighborhood grocery stores.
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Offices and meeting rooms for charitable, youth, and welfare organizations.
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One-story accessory buildings over fourteen feet in height or two story accessory
buildings up to a maximum height of twenty-four feet.
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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.
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Any use not specifically authorized.
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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.
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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.
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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.
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Part 9.04.08.08 R3 Medium Density Multiple Family Residential District
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9.04.08.08.010 Purpose.
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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.
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The following uses shall be permitted in the R3 District:
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Congregate housing.
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Domestic violence shelters.
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Hospice facilities.
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Multi-family dwelling units.
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One-story accessory buildings and structures up to fourteen feet in height.
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Public parks and playgrounds.
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Residential care facilities.
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Senior housing.
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Senior group housing.
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Single family dwellings placed on a permanent foundation (including manufactured
housing).
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Single room occupancy housing.
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Small family day care homes.
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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.
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The following uses may be permitted in the R3 District subject to the approval of a
Performance Standards Permit:
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ne-story accessory living quarters, up to fourteen feet in height, on a parcel having
a minimum area of ten thousand square feet.
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rivate tennis courts.
9.04.08.08.040 Conditionally permitted uses.
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The following uses may be permitted in the R3 District subject to the approval of a
Conditional Use Permit:
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eighborhood grocery stores.
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Offices and meeting rooms for charitable, youth, and welfare organizations.
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One story accessory buildings over fourteen feet in height or two story accessory
buildings up to a maximum height of twenty-four feet.
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Residential care facilities.
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Rest homes
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Schools.
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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.
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Rooftop parking.
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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:
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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.
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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.
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Maximum Parcel Coverage.
Fifty percent of the parcel area.
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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.
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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.
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Rear Yard Setback.
Fifteen feet.
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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'
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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.
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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.
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Upper-Level Stepback Requirements.
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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.
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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.
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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.
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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.
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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.
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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.
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Part 9.04.08.10 R4 High Density Multiple Family Residential District
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9.04.08.10.010 Purpose.
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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.
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The following uses shall be permitted in the R4 District:
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Congregate housing.
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Domestic violence shelters.
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Hospice facilities.
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Multi-family dwelling units.
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One-story accessory buildings and structures up to fourteen feet in height.
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Public parks and playgrounds.
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Senior housing.
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Senior group housing.
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Single family dwellings placed on a permanent foundation (including manufactured
housing).
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Single room occupancy housing.
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Small family day care homes.
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Transitional housing.
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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.
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The following uses may be permitted in the R4 District subject to the approval of a
Performance Standards Permit:
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Large family day care homes.
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One-story accessory living quarters, up to fourteen feet in height, on a parcel
having a minimum area of ten thousand square feet.
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Private tennis courts.
9.04.08.10.040 Conditionally permitted uses.
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The following uses may be permitted in the R4 District subject to the approval of a
Conditional Use Permit:
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Bed and breakfast facilities.
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Boarding houses.
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Child day care centers.
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Clubs or lodges.
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Community care facilities.
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Hotels with incidental businesses.
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Libraries.
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Municipal parking structures.
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Neighborhood grocery stores.
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Offices and meeting rooms for charitable, youth, and welfare organizations.
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One story accessory buildings over fourteen feet in height or two story accessory
buildings up to a maximum height of twenty-four feet.
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Places of worship.
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Residential care facilities.
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Rest homes.
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Schools.
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Shelters for the homeless.
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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.
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Rooftop parking.
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Any use not specifically authorized.
9.04.08.10.060 Property development standards.
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All property in the R4 District shall be developed in accordance with the following
standards:
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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.
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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.
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Maximum Parcel Coverage.
Fifty percent of the parcel area.
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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.
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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.
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Rear Yard Setback.
Fifteen feet.
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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'
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Development Review.
A Development Review Permit shall be required for any
development of twenty-five thousand square feet or more in floor area.
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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.
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Upper-Level Stepback Requirements.
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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.
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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.
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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.
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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.
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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.
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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.
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Part 9.04.08.56 NW North of Wilshire Overlay District
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9.04.08.56.010 Purpose.
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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.
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The following uses shall be permitted in the NW Overlay District:
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All uses listed as permitted uses within the residential district in which the parcel is
located;
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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:
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There is no increase in the floor area of the hotel after January 1, 1995,
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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
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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.
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The following uses may be permitted in the NW Overlay District subject to the
approval of a performance standards permit:
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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.
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The following uses may be permitted in the NW Overlay District subject to the
approval of a conditional use permit:
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All uses listed as conditionally permitted uses in the residential district in which the
parcel is located.
9.04.08.56.050 Prohibited uses.
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Any use not specifically authorized.
9.04.08.56.060 Property development standards.
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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:
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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.
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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.
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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.
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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.
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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.
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Maximum Unit Density.
Density shall be the same as that listed in the underlying
zoning district subject to the following exceptions:
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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.
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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.
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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.
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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.
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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.
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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.
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The following projects shall be exempt from the construction rate program.
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Affordable housing projects in which one hundred percent of the units are deed-
restricted for very low, low, middle, and/or moderate income housing.
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Community care facilities as defined in Section 9.04.02.030 of the Santa Monica
Municipal Code.
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Structures identified by the Building and Safety Division as unreinforced masonry
construction and subject to City-mandated seismic upgrading.
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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.
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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:
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A minimum of fifty percent of both required side yard setbacks shall be landscaped.
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A minimum of two twenty-four-inch box trees shall be planted in the front yard
setback.
9.04.08.56.090 Architectural review.
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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.
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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.
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The following uses may be permitted in the R2 District subject to the approval of a
performance standards permit:
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Large family day care homes.
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One-story accessory living quarters, up to fourteen feet in height, on a parcel
having a minimum area of ten thousand square feet.
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Private tennis courts.
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Conditionally permitted uses.
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The following uses may be permitted in the R2 District subject to the approval of a
Conditional Use Permit:
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Neighborhood grocery stores.
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Offices and meeting rooms for charitable, youth, and welfare organizations.
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One-story accessory buildings over fourteen feet in height or two story accessory
buildings up to a maximum height of twenty-four feet.
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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.
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Any use not specifically authorized.
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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.
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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.
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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.
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,
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existing
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s
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and any other exterior improvements that require issuance of a building permit
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architectural review pursuant to the provisions of Chapter 9.32 of this Article.
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Part 9.04.08.08 R3 Medium Density Multiple Family Residential District
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9.04.08.08.010 Purpose.
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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.
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The following uses shall be permitted in the R3 District:
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Congregate housing.
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Domestic violence shelters.
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Hospice facilities.
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Multi-family dwelling units.
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One-story accessory buildings and structures up to fourteen feet in height.
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Public parks and playgrounds.
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Residential care facilities.
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Senior housing.
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Senior group housing.
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Single family dwellings placed on a permanent foundation (including manufactured
housing).
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Single room occupancy housing.
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Small family day care homes.
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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.
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The following uses may be permitted in the R3 District subject to the approval of a
Performance Standards Permit:
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ne-story accessory living quarters, up to fourteen feet in height, on a parcel having
a minimum area of ten thousand square feet.
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rivate tennis courts.
9.04.08.08.040 Conditionally permitted uses.
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The following uses may be permitted in the R3 District subject to the approval of a
Conditional Use Permit:
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eighborhood grocery stores.
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Offices and meeting rooms for charitable, youth, and welfare organizations.
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One story accessory buildings over fourteen feet in height or two story accessory
buildings up to a maximum height of twenty-four feet.
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Residential care facilities.
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Rest homes
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Schools.
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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.
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Rooftop parking.
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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:
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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.
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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.
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Maximum Parcel Coverage.
Fifty percent of the parcel area.
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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.
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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.
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Rear Yard Setback.
Fifteen feet.
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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'
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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.
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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.
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Upper-Level Stepback Requirements.
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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.
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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.
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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.
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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.
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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.
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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.
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Part 9.04.08.10 R4 High Density Multiple Family Residential District
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9.04.08.10.010 Purpose.
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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.
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The following uses shall be permitted in the R4 District:
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Congregate housing.
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Domestic violence shelters.
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Hospice facilities.
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Multi-family dwelling units.
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One-story accessory buildings and structures up to fourteen feet in height.
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Public parks and playgrounds.
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Senior housing.
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Senior group housing.
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Single family dwellings placed on a permanent foundation (including manufactured
housing).
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Single room occupancy housing.
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Small family day care homes.
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Transitional housing.
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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.
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The following uses may be permitted in the R4 District subject to the approval of a
Performance Standards Permit:
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Large family day care homes.
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One-story accessory living quarters, up to fourteen feet in height, on a parcel
having a minimum area of ten thousand square feet.
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Private tennis courts.
9.04.08.10.040 Conditionally permitted uses.
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The following uses may be permitted in the R4 District subject to the approval of a
Conditional Use Permit:
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Bed and breakfast facilities.
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Boarding houses.
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Child day care centers.
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Clubs or lodges.
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Community care facilities.
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Hotels with incidental businesses.
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Libraries.
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Municipal parking structures.
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Neighborhood grocery stores.
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Offices and meeting rooms for charitable, youth, and welfare organizations.
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One story accessory buildings over fourteen feet in height or two story accessory
buildings up to a maximum height of twenty-four feet.
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Places of worship.
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Residential care facilities.
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Rest homes.
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Schools.
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Shelters for the homeless.
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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.
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Rooftop parking.
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Any use not specifically authorized.
9.04.08.10.060 Property development standards.
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All property in the R4 District shall be developed in accordance with the following
standards:
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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.
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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.
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Maximum Parcel Coverage.
Fifty percent of the parcel area.
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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.
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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.
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Rear Yard Setback.
Fifteen feet.
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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'
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Development Review.
A Development Review Permit shall be required for any
development of twenty-five thousand square feet or more in floor area.
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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.
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Upper-Level Stepback Requirements.
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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.
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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.
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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.
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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.
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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.
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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.
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Part 9.04.08.56 NW North of Wilshire Overlay District
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9.04.08.56.010 Purpose.
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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.
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The following uses shall be permitted in the NW Overlay District:
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All uses listed as permitted uses within the residential district in which the parcel is
located;
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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:
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There is no increase in the floor area of the hotel after January 1, 1995,
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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
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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.
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The following uses may be permitted in the NW Overlay District subject to the
approval of a performance standards permit:
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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.
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The following uses may be permitted in the NW Overlay District subject to the
approval of a conditional use permit:
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All uses listed as conditionally permitted uses in the residential district in which the
parcel is located.
9.04.08.56.050 Prohibited uses.
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Any use not specifically authorized.
9.04.08.56.060 Property development standards.
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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:
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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.
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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.
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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.
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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.
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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.
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Maximum Unit Density.
Density shall be the same as that listed in the underlying
zoning district subject to the following exceptions:
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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.
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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.
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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.
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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.
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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.
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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.
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The following projects shall be exempt from the construction rate program.
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Affordable housing projects in which one hundred percent of the units are deed-
restricted for very low, low, middle, and/or moderate income housing.
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Community care facilities as defined in Section 9.04.02.030 of the Santa Monica
Municipal Code.
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Structures identified by the Building and Safety Division as unreinforced masonry
construction and subject to City-mandated seismic upgrading.
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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.
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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:
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A minimum of fifty percent of both required side yard setbacks shall be landscaped.
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A minimum of two twenty-four-inch box trees shall be planted in the front yard
setback.
9.04.08.56.090 Architectural review.
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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.
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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.