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SR-400-005-21 (5) f:\atty\muni\laws\barry\04TA-003.32d.doc City Council Meeting 7-27-04 Santa Monica, California TO: Mayor and City Council FROM: City Staff SUBJECT: An Ordinance 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, 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 Introduction At its meeting on July 13, 2004, the City Council introduced for first reading an ordinance modifying the development standards and establishing the design standards for properties located in the City’s multi- family zoning districts, establishing exemptions for single family dwellings in all districts from design review, modifying the demolition permit requirements, adding a design standards permit requirement, deleting the NW North Of Wilshire Overlay District, and modifying the definitions of basement, building height, finished first floor, semi-subterranean garage and theoretical grade. The ordinance is now presented to the City Council for adoption. 1 Recommendation It is respectfully recommended that the accompanying ordinance be adopted. PREPARED BY: Marsha Jones Moutrie, City Attorney Barry Rosenbaum, Senior Land Use Attorney 2 f:\atty\muni\laws\barry\04TA-003.32d-1.doc City Council Meeting 7-27-04 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, 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 3 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; 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 4 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 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 5 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 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 6 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; 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 7 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, the City Council considered the proposed ordinance on April 13, 2004, May 18, 2004, and July 13, 2004; 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 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 8 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 story if the finished floor level above this portion of the structure extends more than three feet 9 above the average 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 10 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 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 Districts are measured. SECTION 6. Part 9.04.08.06 of the Santa Monica Municipal Code is hereby amended to read as follows: Part 9.04.08.06 Multiple Family Residential Districts. Section 9.04.08.06.010 Purpose. Low Density Multiple Family Residential District (a) (R2). 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 11 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 (b) District (R3). 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 (c) District (R4). The R4 District is intended to provide a broad range of housing within high density multiple family 12 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. 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 Land Use 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 Land Use 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 Land Use Regulations 13 column. Land uses designated with the letter “L” are limited uses only authorized in accordance with the standards set forth under the Additional Land Use 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. 14 TABLE 9.04-1 LAND USES ALLOWED IN MULTIPLE FAMILY RESIDENTIAL DISTRICTS ADDITIONAL LAND LAND USE R2 R3 R4 USE 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, Existing as of 1/1/95. L L 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 CUP CUP CUP charitable, youth and welfare 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) 15 Additional Land Use Regulations for the R2, R3, and R4 Districts referenced in Table 9.04-1: (a) 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 and located in a R2 or R3 zone in an area bounded by the centerline of Ocean Avenue to the west, the th centerline of 14 Court to the east, the centerline of Wilshire Boulevard to the south and the centerline of Montana Avenue to the north, and including those R2 and R3 parcels on the north side of Montana Avenue within the east and west boundaries, provided: (1) There is no increase in the floor area of the hotel after January 1, 1995, (2) Any increase in the number of rooms is accomplished 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 (3) All other Zoning Ordinance requirements are met, including parking requirements for any addition of rooms after January 1, 1995. (b) Residential condominiums are also subject to the requirements set forth in subchapter 9.04.16 (Condominiums) and Chapter 9.20 (Subdivisions). 16 (c) Accessory buildings shall be architecturally compatible with the principal structure(s). (d) One-story accessory living quarters are limited to 14 feet in height. A minimum parcel area of 10,000 square feet is required. (e) Single family homes, including manufactured housing, must be placed on a permanent foundation. (f) Underground parking structures may be conditionally permitted only if the subject parcel or parcels were occupied by a surface parking lot at the time of adoption of 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 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. (g) Yard sales are limited to two per calendar year, for each dwelling unit, for a maximum of two days each. Section 9.04.08.06.030 [Reserved for Future Use] Section 9.04.08.06.040 [Reserved for Future Use] 17 Section 9.04.08.06.050 [Reserved for Future Use] Section 9.04.08.06.060 Property development standards. All property in the R2, R3, and R4 Districts shall be developed in accordance with the standards set forth in Table 9.04- 2, subsections (a) through (h) of this Section, and Section 9.04.08.06.070: 18 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 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 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 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 15,000 SF 22,500 SF 25,000 SF 9.04.08.06.060 (h) Permit Threshold (based on project floor area) Additional regulations for the R2, R3, and R4 Districts referenced in the Additional Development Regulation column of Table 9.04-2: (a) Parcels in existence prior to September 8, 1988 shall not be subject to the minimum parcel dimension requirements. 19 (b) The maximum building height may be exceeded in each district provided the maximum roof height does not exceed 30 feet in the R2 district, 40 feet in the R3 district, or 45 feet in the R4 district subject to the following criteria: (1) In the R2 district, the building volume above twenty- three feet shall not exceed fifty percent of the parcel coverage of the story immediately below the twenty-three foot height elevation, multiplied by seven. 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 twenty- three feet shall encroach into a plane starting at twenty-three feet above the front setback line and sloping upward at a 45-degree angle 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 20 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- 21 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 or the parcel area remaining after deducting required front, side and rear yard setbacks, whichever is less. (d) The side yard setback for parcels less than fifty feet in width shall be sixteen percent of the parcel width, or four feet, whichever is greater. (e) 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. (f) The density for affordable housing projects in which one hundred percent of the units are deed restricted for very low, low, or moderate income and located in an R2 or R3 district in the area bounded by the centerline of Ocean Avenue to the west, the centerline of 14th Court to the east, the centerline of Wilshire Boulevard to the south and the centerline of Montana Avenue to the north, but including those R2 and R3 zoned parcels on the north side of Montana Avenue within the east and west boundaries, may be one dwelling unit for every twelve hundred fifty square feet in the R2 district, and one dwelling unit for every nine hundred square feet in the R3 district. 22 (g) For purposes of the open space requirement, a 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. (h) A Development Review permit shall be required for projects that equal or exceed the established square foot floor area threshold. See Part 9.04.20.14 of the Zoning Ordinance. Section 9.04.08.06.070 Special project design and development standards The new construction of or new addition to a principal building shall comply with the following standards: (a) The finished floor elevation of the first floor level shall be a minimum of six inches above, but no more than three feet above theoretical grade. (b) An additional five foot setback beyond the minimum front yard setback set forth in Section 9.04.08.06.060 is required for at least twenty five percent of the width of the front facade. This setback shall be fully integrated into the building through balconies, decks, or other elements that articulate the front of the building. (c) All required setbacks set forth in Section 9.04.08.06.060 and this Section 9.04.08.06.070 shall be open to 23 the sky except for permitted architectural projections contained in Section 9.04.10.02.180. (d) Mezzanines shall be concealed within the building and shall not appear as an additional story on the exterior building facade. (e) Stair and elevator projections above the maximum permitted height limit shall not exceed the minimum width, depth and height identified in Chapter 8 of the Santa Monica Municipal Code necessary to accommodate such access. A landing exceeding the minimum size requirements, multiple landings, and access to mezzanines or circulation corridors shall not be permitted above the maximum height limit. (f) An additional two foot average sideyard setback from the minimum requirement set forth in Section 9.04.08.06.060 shall be provided at each story. Setback areas greater than five feet in depth from the minimum sideyard setback, or the area used to comply with the additional setback requirements in subsection (b) of this Section, shall not be used to satisfy compliance with this requirement. (g) The allocation of allowable parcel coverage area shall be distributed to provide clear delineation between individual units through: changes in wall plane, in plan or section; use of additional stepbacks; use of decks or balconies; or other architectural and 24 spatial manipulation. A change in plane to differentiate individual units shall be a minimum of 12 inches. However, more than one but no more than three units may be grouped together for the purpose of providing a shared entry, balcony or other common exterior space. (h) Parcels having a width greater than 99 feet and located in the R2 or R3 district 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. 25 (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. (i) 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. Section 9.04.08.06.080 Architectural review. 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. SECTION 7. Part 9.04.08.08 of the Santa Monica Municipal is hereby deleted as follows: Part 9.04.08.08 . [Reserved for Future Use.] Section 9.04.08.08.010. [Reserved for Future Use.] Section 9.04.08.08.020. [Reserved for Future Use.] Section 9.04.08.08.030. [Reserved for Future Use.] Section 9.04.08.08.040 . [Reserved for Future Use.] Section 9.04.08.08.050 . [Reserved for Future Use.] Section 9.04.08.08.060 . [Reserved for Future Use.] 26 Section 9.04.08.08.070 [Reserved for Future Use.] SECTION 8. Part 9.04.08.10 of the Santa Monica Municipal Code is hereby deleted as follows:. Part 9.04.08.10 [Reserved for Future Use.] Section 9.04.08.10.010 [Reserved for Future Use.] Section 9.04.08.10.020 [Reserved for Future Use.] Section 9.04.08.10.030 [Reserved for Future Use.] Section 9.04.08.10.040 [Reserved for Future Use.] Section 9.04.08.10.050 [Reserved for Future Use.] Section 9.04.08.10.060 [Reserved for Future Use.] Section 9.04.08.10.070 [Reserved for Future Use.] SECTION 9. Part 9.04.08.56 of the Santa Monica Municipal Code is hereby deleted as follows: Part 9.04.08.56 [Reserved for Future Use.] Section 9.04.08.56.010 [Reserved for Future Use.] Section 9.04.08.56.020 [Reserved for Future Use.] Section 9.04.08.56.030 [Reserved for Future Use.] Section 9.04.08.56.040 [Reserved for Future Use.] Section 9.04.08.56.050 [Reserved for Future Use.] Section 9.04.08.56.060 [Reserved for Future Use.] Section 9.04.08.56.070 [Reserved for Future Use.] 27 Section 9.04.08.56.080 [Reserved for Future Use.] Section 9.04.08.56.090 [Reserved for Future Use.] Section 9.04.08.56.100 [Reserved for Future Use.] SECTION 10. Santa Monica Municipal Code Section 9.04.10.16.010 is hereby amended to read as follows: 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 more than forty years before the date of filing of the 28 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 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. 29 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 final determination is made by the Landmarks Commission, or the City Council on appeal, on the application for 30 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. 31 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. Notwithstanding the above, a Design Compatibility Permit shall not be required in the R2, R3, and R4 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: 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 32 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 Compatibility 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 & (d) Rs). 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 33 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 Planning Commission, or City Council upon appeal, when the condominium project requires a Design Compatibility Permit and shall be reviewed by the City Attorney when no Design Compatibility Permit is required. The subdivider shall agree not to change the CC & Rs submitted to obtain City approval of a new or converting condominium project without the consent of the City Attorney, 34 Planning Commission, or City Council, as appropriate. The CC & Rs shall provide that subsequent 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 35 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 36 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; 37 (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. 38 (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 39 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, a Design Compatibility Permit shall not be required for condominiums located in the R2, R3, and R4 Districts. SECTION 13. Santa Monica Municipal Code Section 9.04.20.28.020 is hereby amended to read as follows: 40 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, and R4 Districts, or for any new single-family homes or additions thereto in any zoning district. A public hearing shall not be required for issuance of an Administrative Approval. An application for an Administrative Approval shall be in a form prescribed by the Zoning Administrator and shall be filed with the Planning 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. 41 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 9.32.030 is hereby amended to read as follows: 9.32.030 Architectural Review Board—Membership. An Architectural Review Board is hereby established which shall consist of seven (7) members. At least two (2) of the members shall be professional architects. Other members of the board shall be persons who, as a result of their training, experience, and attainments, are qualified to analyze and interpret architectural and environmental trends and information, to appraise resource uses in light of the policies set forth in this ordinance, to be responsive to the social, aesthetic, recreational and cultural needs of the community. Other expertise such as conservation, recreation, design, landscaping, the arts, urban planning, cultural- historical preservation, and ecological and environmental science shall, insofar as practicable, be represented on the Board. The Landmarks Commission may select one of its members to provide 42 active liaison with the Board when the Board is considering additions to or modifications of historic resources. The Commissioner chosen shall neither have a vote on the Board nor be eligible to be its chairperson. SECTION 15. 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. 43 SECTION 16. The Ordinance shall apply to any development application filed or determined to be complete on or after the effective date of this Ordinance. SECTION 17. 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 18. 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. 44 SECTION 19. 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 45