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