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sr-063009-7aCity Council Meeting: June 9, 2009 Continued from May 12,2009 Agenda Item: ~ `~ To: Mayor and City Council From: Eileen Fogarty, Director of Planning & Community Development Subject: Ordinance Pertaining to Solar Energy Development and Design Standards (continued from December 2, 2008) Recommended Action Staff recommends that the City Council introduce for first reading an ordinance amending SMMC Article IX (Zoning Ordinance), to establish an administrative procedure for approval of solar energy systems that meet objective development standards and to allow solar energy systems to encroach into setback areas and extend above current height limits. Executive Summary In support of the Sustainable City Plan and the Solar Santa Monica program, staff proposes to amend SMMC Section 9.04.10.02.220 (solar energy system design standards), and other related Zoning Ordinance sections, in order to create a streamlined process for permitting solar energy system installations. The proposed ordinance would establish objective development standards including specific height limits, limitations on installation in the required side and rear yard setbacks, and restrictions on visibility. The proposal complies with the requirements of California Government Code Section 65850.5 and Health and Safety Code .Section 17959.1, which provide that a city or county shall establish a procedure to administratively approve applications for solar energy installations, and reflect current installation methods for both solar photovoltaic and solar heating systems. In addition to amending the solar energy design standards of the Zoning Ordinance, the proposed ordinance includes minor modifications to four sections of the Zoning Ordinance whose current requirements commonly adversely affect installation of solar energy systems. The proposed language concedes some of the City's design review procedures to facilitate solar installations. The report also addresses the Landmarks Commission's jurisdiction over installations on designated landmark properties. Because single-family residential properties are exempt from ARB review they are not subject to design review for solar installations. The proposed action has been determined to be categorically exempt from the California Environmental Quality Act (CEQA). The proposed text amendment has no financial or budgetary impacts. 1 Background The City of Santa Monica encourages and supports solar energy system installation and at the same time longstanding City policy also prioritizes ensuring high quality development that is compatible with the surrounding area. The City was an early leader in providing design standards to address the special needs of solar energy installations. However, some of these standards (SMMC Section 9.04.10.02.220) have become outdated over time due to changes in technology, and new installation trends. Additionally, Government Code Section 65860.5 and Health and Safety Code Section 17959.1 (the Solar Rights Act) provides that a city must administratively approve. applications to install solar energy systems through the issuance of a building permit or similar nondiscretionary permit. In addition, some of the Zoning Ordinance's property development requirements impose further constraints, which, although unintended, impede some components necessary for solar energy systems. The City offers the Solar Santa Monica program to assist Santa Monica residents and businesses in reducing their energy costs and usage through energy efficiency measures and through installation of solar ehergy systems. Through this program, City staff works closely with solar installers as well as residents who have purchased solar energy systems. As a result of communications with these stakeholders, staff has learned more about how current zoning and building codes and the permit approval process result in impediments to installing solar energy systems. The Office of Sustainability and the Environment has worked with the Planning & Community Development Department to propose revised solar energy and other property development standards and to revise the Planning and. Building permit processes for review and approval of solar energy systems. 2 Discussion The proposed. Zoning Ordinance .amendment establishes a streamlined, ministerial process for solar installations. The standards are consistent with current installation practices, such that the vast majority of solar energy system applications would comply and require no further review. Installations meeting these standards would be exempt from discretionary ARB review. Applications to install atypical solar energy systems, such as elevated solar canopies or other proposals in which the solar energy system's support structure also functions as a building element rather than solely for energy. production, would require review and approval of the Architectural Review Board, or by the Landmarks Commission if the installation is proposed on a designated historic resource. Additionally, the standards would clarify that all solar energy systems proposed on designated Landmarks and Historic District contributor properties would require a Certificate of Appropriateness from the Landmarks Commission Liaison. Such installations would be evaluated in terms of compliance with the Secretary of Interior's Standards for Rehabilitation. Although likely rare, by authorizing the liaison to act for the Landmarks Commission on these applications, the hearing process is not required and the review process can be expedited. The following summarizes the solar energy design standard sub-sections: • (a) establishes a definition of solar energy systems based on the definition used. in Section 801.5 of the California Civil Code. • (b) minimizes the visual impact as seen from the front of a property, by prohibiting all of the system's equipment except solar panels and conduit from being visible along the front street elevation. • (c) establishes that solar energy systems may be located on any roof, irrespective of its relationship to the underlying district height limit, up to five feet above the roof surface, or seven feet for solar water and swimming pool heating systems, with additional flexibility given to single-family homes. This proposed five- or seven-foot exception is consistent with other height limit exceptions in the SMMC and would be adequate for standard solar energy system installations. 3 • (d) establishes that solar energy equipment, excluding collectors, may project into side and rear yards but no closer than two feet to any property line, in order to permit equipment to be installed adjacent to existing, non-conforming electric meters. • (e) requires that solar energy equipment be installed in the location that is the least visible from adjacent streets so long as this does not significantly decrease energy performance or significantly increase cost. This section also sets forth how such determinations are to be made. Because single-family properties are exempt from ARB review, they are also exempt from this section. This Section (e) has been the focus of most public comments and is discussed in-depth below. Solar energy .system placement is-also governed by both Building and Safety and Fire Code requirements, which would factor into the feasibility consideration. • (f) clarifies that any application to install a solar energy system on a property containing a designated landmark or a contributing structure to a designated Historic District would need to obtain a Certificate of Appropriateness from the Landmarks Commission liaison. • (g) establishes that any proposed installation that does not comply with the solar energy .design standards would require review and approval of the ARB, or by the Landmarks Commission for designated historic properties. These reviewing bodies may authorize installations that exceed the height limit in the applicable zoning district by a maximum of 14 feet. • (h) exempts properties from ARB review that are in single-family residential zones and properties in multi-family districts developed as single-family (one unit). Section (e) effectively requires the solar installation professional to consider less visible locations that still meet the primary energy production objectives. This section represents a compromise of the design review standards that are typically applied to commercial and multi-family projects to ensure neighborhood compatibility. Staff also recognizes that the constraints of Building and Safety Code requirements will also factor into the viability of potential alternative placements. This is a comprehensive approach that best serves the City's multiple interests and concerns, streamlines the permitting process, and any further reduction in review is not recommended. Single-family properties will continue to be exempt from ARB review, including solar installations. As detailed below, the Planning Commission reviewed and recommended approval of this ordinance with a low significance threshold that would reduce the effectiveness of Section (e). 4 A critical aspect in evaluating where to install photovoltaic systems, especially on an existing building, is the performance of the system. However, there is no reason that the solar installation professional should not also consider aesthetic aspects when designing a system. To address this concern while retaining a ministerial review process, .the proposed ordinance would require solar equipment to be installed in the location that is least visible from the street, with. the provision that energy performance is not significantly reduced or the cost of the solar system is not significantly increased compared to a location that is more visible from the street. The proposed ordinance would define a "significant decrease" in energy production as more than 10%, while a "significant cost .increase" would be defined as more than $2,000 for photovoltaics or more than 20% for solar water and swimming pool heating systems. Photovoltaic systems installed on single-family homes range from $15,000 to $50,000, with the typical installation cost between $30,000 and $35,000. Solar water heating systems range from $3,000 to $8,000. Incentives for renewable energy systems currently reduce these costs by 50% to the home owner. These provisions are modeled on State law, but are more favorable to solar energy to reflect the high priority that the City has set on renewable energy generation. More specifically, State law permits a Home Owners' Association (HOA) to impose reasonable restrictions on a proposed solar energy installation if the alternative placement does not decrease production by more than 20% or increase the cost of photovoltaics by more than $2,000, or 20% for water heating systems. The proposed ordinance is consistent with State law, including Government Code Section 65860.5 and Health and Safety Code Section 17959.1 (the Solar Rights Act). Amendments to the following development standards that currently limit solar installations on many buildings are also proposed: . 9.04.10.02.030 Building height and exceptions to height limit. - To create an exception for solar energy systems 5 - To exempt solar energy systems from a limitation on the percent of roof coverage. • 9.04.10.02.070 Reflective Materials - To exempt solar energy systems from this requirement • 9.04.10.02.140 Screening mechanical equipment - To exempt solar energy systems from this requirement • 9.04.10.02.180 Permitted Projections into Required Yards - To refer to the solar energy design standards _[9.04.10.02.220] in regard to projections of solar energy systems into side and rear yards. Planning Commission Action On November 5, 2008, the Planning Commission reviewed the proposed zoning text amendment and unanimously recommended approval. .The proposed ordinance includes the Commission's recommendations to revise sub-sections (c) and (e), clarifying the exempt status of single-family properties and defining visibilitq in terms of the adjacent streets and not alleys or neighboring properties. The Commission recommended allowing a higher height limit for solar water heaters, which has also been incorporated into the proposed ordinance. The Commission also discussed "grandparenting" existing solar water heating systems, which can be taller than photovoltaic systems, so that they could be removed and replaced if necessary. Staff has not included special non-conforming criteria but rather addressed the concern by modifying the proposed ordinance to allow solar water heaters up to seven feet in height, compared to five feet for photovoltaic systems. On March 4, 2009, the Commission further discussed whether the requirement to install solar equipment ih the least visible location on existing buildings to receive over-the- counter permit approval as provided in Section (e) was consistent with state law. This issue is discussed earlier in this report and on the following page. After in depth discussion, the Commission supported Section (e), but voted five to one to reduce the significant cost increase thresholds from $2,000 to $500 for photovoltaic, solar water and pool heating systems with no reduction in energy efficiency. The threshold recommended by the Planning Commission is so modest compared to the typical single-family installation cost, which is between $30,000 and $35,000, that virtually any 6 option would likely be determined to exceed $500, rendering Section (e) less than effective. Sustainable Cities Task Force On January 12, 2009, the Sustainable Cities Task Force adopted a recommendation that specific criteria be established that would reduce the potential for solar installations to unnecessarily and significantly impact visibility. However, the Task Force expressed concern that the criteria set forth in subsection (e) of Section 9.04.10.02.220 of the presently proposed ordinance [the proposed visibility standard] would be contrary to State law and the Sustainable City Plan. As discussed below, legal staff reviewed this concern and concluded that the proposed ordinance is consistent with State law and City policy. California Health and Safety Code Section 17959.1 and California Government Code Section 65850.5 require that a city or county establish a procedure to administratively approve applications to install solar energy systems and prohibit the local government from exercising discretion to deny these applications unless this denial is based on health and safety requirements. As required by State law, the proposed ordinance would eliminate barriers to the installation of solar energy systems. Rather than requiring discretionary review by the Architectural Review Board, the proposed ordinance would establish a ministerial approval process governed by objective standards. These standards include specific height limits for solar energy systems, limitations on the installation in the required side and rear yard, and restrictions on the solar energy system's visibility. As to this latter provision, a solar energy system must be installed in the location that is least visible from abutting streets directly in front of the subject property unless that location would significantly decrease energy performance or significantly increase costs. The determination of least visible location will be made initially by the solar energy system applicant. That determination is capable of being approved ministerially based on objective measurements. The measure for determining whether. performance is significantly decreased or cost is significantly increased is 7 objectively defined in the proposed ordinance. The City does not retain any discretion to require diminished visibility based on aesthetic considerations or any other non health/safety considerations if these objective standards are met. General Plan Consistency The proposed zoning text amendment is consistent in principle with the .goals, objectives, policies, land uses and programs specified in the adopted General Plan. More specifically, the amendments achieve .the Conservation Element (1975) goal, calling for "Preservation df the ecological balance and natural resources of the city and conservation of the energies and materials without serious interference with community needs." An objective associated with this goal is to "encourage activities and efficient operations which favor energy conservation." The proposed amendment does not substantially change the City's approach to encouraging use of renewable energy, but rather clarifies the solar energy design standards and simplifies the approval process, thus promoting this Conservation Element goal and objective. The proposal is also consistent with. the City's Historic Preservation Element, which seeks to protect historic and cultural resources from inappropriate alterations, and lists as an objective to ensure compliance with the California Environmental Quality Act (CEQA). By requiring a Certificate of Appropriateness for designated Landmarks and contributors to Designated Historic Districts, the proposed zoning text amendment meets this objective and protects the integrity of designated historic resources. The proposed Zoning Text Amendment also supports the objectives of the Sustainable City Plan (SCP) and the LUCE Strategy Framework. Although the SCP is not a General Plan Element, it provides important policy direction that is also contained in the LUCE Strategy Framework. Language to support solar energy systems is consistent with the goals of these documents to move Santa Monica toward a more sustainable future. 8 Environmental Analysis The City's action to modify requirements and procedures pertaining to solar energy systems is a legislative action subject to the requirements of CEQA. In accordance with CEQA Guidelines Sections 15060-15061, staff conducted a preliminary review and determined that this project is exempt from CEQA on the following grounds: The proposed ordinance is exempt pursuant to CEQA Section 15061(b)(3) in that it can be seen with certainty that the proposed ordinance does not have the potential to significantly. impact the environment ih that the amendments are procedural in order to encourage and streamline applications to install small-scale renewable energy systems. Furthermore, the proposed text amendment is exempt based on CEQA Section 15331 in that its provisions protect historic resources based on application of the Secretary of Interior Standards to designated historic resources. Public Outreach In compliance with SMMC 9.04.20.22, notices of the proposed text amendment for both the Planning Commission and City Council hearings were published in the Santa Monica Daily Press a minimum of 10 days prior to the hearings. In addition, the Green Building Program Advisor has held a series of meetings with solar energy installers and interested community members to discuss the needs involved in installing photovoltaic and solar water heating systems. Financial Impacts & Budget Actions The proposed action has no financial or budgetary impacts. Prepared by: Bruce Leach, Special Projects Administrator, Planning & Community Development 9 Approved: Eileen Fogarty Director, Planning & Comm Development ATTACHMENT: A. Draft Ordinance 10 Forwarded to Council: ATTACHMENT A DRAFT ORDINANCE 11 f:\atty\muni\laws\barry\solar ordinance City Council 4-28-09 City Council Meeting 4-28-09 Santa Monica, California ORDINANCE NUMBER (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 9.04.10.02.220, 9.04.10.02.030, 9.04.10.02.070, 9.04.10.02.140, AND 9.04.10.02.180 PERTAINING TO SOLAR ENERGY SYSTEMS DESIGN STANDARDS AND RELATED PROVISIONS TO FACILITATE THE INSTALLATION OF SOLAR ENERGY SYSTEMS. WHEREAS, the City has long encouraged the installation of solar energy systems; and WHEREAS, on January 8, 2002, the City Council approved a permit fee waiver for solar energy systems; and WHEREAS, on March 14, 2006, the .City Council approved the Solar Santa Monica Program, which has a goal of meeting all citywide electricity needs through a combination of solar energy and energy efficiency by the year 2020; and WHEREAS, on March 20, 2007, the City Council approved staffs recommendation to grant expedited status to applications for installation of solar energy systems; and WHEREAS, the Stastainable City Plan has a target goal of providing 25% of citywide electricity use from renewable sources by 2010; and 1 WHEREAS, California Health and Safety Code Section 17959.1, and California Government Code Section 65850.5 provide that a City or County shall establish a procedure to administratively approve applications to install solar energy systems if the system meets all health and safety requirements of local, state, and federal law; and WHEREAS, on October 1, 2008, the Planning Commission adopted a Resolution of Intention to initiate this Zoning Ordinance text amendment; and WHEREAS, on November 5, 2008, the Planning Commission held a public hearing on the proposed text amendment and recommended to the City Council that it adopt the proposed amendment with certain specified modifications; and WHEREAS, on March 4, 2009, the Planning Commission further discussed the proposed ordinance and suggested other modifications; and WHEREAS, the City Council held a public hearing on this proposed ordinance on April 28; 2009; and WHEREAS, the proposed ordinance is consistent in principle with the goals, objectives, policies, land uses and programs specified in the adopted General Plan in that the proposed amendments advance the Conservation Element (1975) goal calling for "Preservation of the ecological balance and natural resources of the city and conservation of the energies and materials without serious interference with community needs" and the objective to "encourage activities and efficient operations which favor energy conservation," and is consistent with the City's Historic Preservation Element which seeks to protect historic and cultural resources from inappropriate alterations and ensure compliance with the California Environmental Quality Act; and 2 WHEREAS, the City Council finds and declares that the public health, safety and general welfare require the adoption of the proposed ordinance in that the Zoning Ordinance modification will support the efforts of the Sustainable City Plan and the Solar Santa Monica program and facilitate installation of solar energy systems, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code Section 9.04.10.02.220 hereby amended to read as follows: 9.04.10.02.220 Solar energy design standards. Th'o Cn,.4inn 'c 'nton.-Ir+rJ +n 'n nrotn +n }ho nvton} v , rrcZ~cat~ ~c fn chin noo'~ ~w r hn~f n.J .~ nl' ,+ n't~n~ ' +n +hn w l II ~ ( ' ~u• , ~rwvv~~ v u r~~~ ~~ vvv~Y 'ls- ~J~ T-CRTTI"(TGT 1 RO-CTfO C +'nn 'n f. ~r}h i c c - .dnn'nnnr~l +n o~c o hn+ n In. n.r - far -cf cr- - ~ rn ~ v cmr rurcrr v crca~rn c~crv.s i~arv ur c+ c r ~JY i 3 ~ ~-rcii c~ uvnv-ucorrJ-S rr-vc nl, .,,,h;..,~ .,,,.i ,-oln+.,,~ F;.,+ ~ro~ nhnil h.-, ~..~+nll,„i ~„ .,++~„ ,,. a......on.J /.~, .. o+..r.,..~ +~,.,Lo1 ~h.,lf h.~ _ ~.J ~„hn.(, 4 hmm~n~n~nnrc ~+ i.+t'n nr..t'vo nr dmihr ontity chnll This Section establishes ministerial development standards for solar energy systems applicable to all solar energy system installations. Notwithstanding Section 9.32.120, solar energv systems proposed on existing buildings shall be exempt from review and approval by the Architectural Review Board, provided that the installations meet the standards in this Section. Solar energy systems proposed as part of a larger construction project that requires Architectural Review Board approval shall be reviewed by the Architectural Review Board in accordance with the standards in this Section. (a) As used in this Section, "solar energy system" means either of the following: (1) Any solar collector or other solar energv device, certified pursuant to State law, along with its ancillary equipment. whose primary purpose is to provide for the collection, storage, and distribution of solar energv for space heating, space cooling, electric generation, or water heating. (2) Any structural design feature of a building, whose primary purpose is to provide for the collection, 5 storage, and distribution of solar energy for electricity generation space heating or cooling or for water heating. (b) Excluding solar collector panels, their necessary support structure, and conduit, solar energy svstems shall not be visible from the public right-of-way adjacent to the front property line. (c) The height of solar energv systems is subject to the following standards: (1) On single-family properties: Photovoltaic solar energy svstems may extend up to five feet above the height limit in the. zoning district. Solar water or swimming pool heating svstems may extend up to seven feet above the height limit in the zoning district; ~2) On all other properties: Photovoltaic solar energv svstems mayextend up to five feet above the roof surface on which they are installed, even if this exceeds the maximum height limit in the district in which it is located. Solar water or swimming pool heating svstems may extend up to seven feet above the roof surface on which they are installed even if this exceeds the maximum height limit in the district in which it is located. 6 (d) Excluding solar collector panels, solar energy system equipment may be installed within the required side and rear yard but shall not be closer than two feet to any property line. (e) Except on single-family properties, solar collector panels, their necessary support structure, and conduit, shall be installed in the location that is the least visible from abutting streets directly facing the subject property so long as installation in that location does not sianificantly decrease the energy performance or si nificantly increase the costs of the solar energy system as compared to a more visible location. (1) .For energy performance, "significantly decrease" shall be defined as decreasing the expected annual energv production by more than 10 percent. (2) For the cost of solar energy systems, "significantly increase" shall be defined as increasing the cost of a photovoltaic solar energv system by more than $2000 or the cost of a solar water or swimming pool heating system by more than 20 percent. (3) The review and determination of the cost or energv efficiency of installation alternatives shall be made by 7 the City's Energy and Green Building Programs staff. The review and determination of the least visible alternative shall be made by the Architectural Review Board liaison. (fl On a property containing a designated Landmark or contributing structure to a designated Historic District as defined in Section 9.36.030, solar energy systems that meet the criteria established in this section shall be permitted provided that a Certificate of Appropriateness is approved by the Landmarks Commission Liaison.. fig) Proposed solar energy installations on all property types that do not meet the standards set forth in this Section shall not be authorized unless approved by the Architectural Review Board in accordance with Chapter 9.32 prior to issuance of a building permit, except that such installations shall be approved by the Landmarks Commission in accordance with Chapter 9.36 when located on a orooerty containing a desianated Landmark or contributing structure to a designated Historic District. These reviewing bodies may authorize installations that exceed the height limit in the applicable zoning district by a maximum of 14 feet 8 SECTION 2. Santa Monica Municipal Code Section 9.04.10.02.030 is hereby amended to read as follows: 9.04.10.02.030 Building height and exceptions to height limit. (a) The maximum allowable height shall be measured vertically from the average natural grade elevation 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 be measured vertically from the theoretical grade to the highest point of the roof. (b) The following shall he permitted to exceed the height limit in all zoning districts except the R1 District: (1) Vents, stacks, ducts, skylights and steeples provided such projections do not extend more than five feet above the permitted height in the District. (2) Legally required parapets, fire separation walls, and open work safety guard rails that do not exceed forty-two inches in height. (3) Elevator shafts, stairwells, or mechanical room enclosures above the roofline if: 4 a. The enclosure is used exclusively for housing the elevator, mechanical equipment, or stairs. b. The elevator shaft does not exceed fourteen feet in height above the roofline and the stairwell enclosure does not exceed fourteen feet in height above the height permitted in the district. c. The area of all enclosures and other structures identified in Section 9.04.10.02.030(b)(1)chat extend above the roofline shall not exceed twenty-five percent of the roof area. This limitation shall not apply to solar energy systems. d. The mechanical equipment is screened in conformance with Section 9.04.10.02.140. e. The mechanical equipment enclosure does not exceed twelve feet in height above the height permitted in the district. (4) The screening required pursuant to the provisions of Section 9.04.10.02.140 of tanks, ventilating fans, or other mechanical equipment required to operate and maintain the building provided the total area enclosed by all screening does not exceed thirty percent of the roof area. 10 (c) The following shall be permitted to exceed the height limit in all zoning districts: (1) Chimneys may extend no more than five feet above the permitted height in the district; t2) Solar energy s sty ems pursuant to Section 9.04.10.02.220. {~}~ One standard television receive-only nonparabolic antenna and one vertical whip antenna may extend no more than twenty-five feet above the roofline, provided that they are not located between the face of the main building and any public street or in any required front or side yard setback. All other antennas shall be subject to the provisions of Part 9.04.10.06. SECTION 3. Santa Monica Municipal Code Section 9.04.10.02:070 is hereby amended to read as follows: 9.04.10.02.070 Reflective materials. No more than twenty-five percent of the surface area of any fagade on any new building or addition to an existing building shall contain black or mirrored glass or other mirror-like material that is highly reflective. Materials for roofing shall be of a nonreflective nature. The foregoing 11 requirements of this Section shall not apply to solar energy systems; the design of solar energy systems shall be subject to the standards set forth in Section 9.04.10.02.220. At least fifty percent of the ground floor fapade on the primary street frontage in the C2, C3, N, and C3-C Districts shall provide visibility to the interior of the building. Glazing on the ground floor street frontage fapade shall be clear glass. SECTION 4. Santa Monica Municipal Code Section 9.04.10.02.140 is hereby amended to read as follows: 9.04.10.02.140 Screening mechanical equipment. Other than solar energy systems as defined in Section 9.04.10.02.220 Aall mechanical equipment that extends more than twelve inches above the roof parapet shall be screened from view. Equipment shall be screened from a horizontal plane on all sides with an impact resistant wall. SECTION 5. Santa Monica Municipal Code Section 9.04.10.02.180 is hereby amended to read as follows: 9.04.10.02.180 Projections permitted into required yards. Except as provided in Sections 9.04.08.02.075 and 9.04.08.02.076, the following chart sets forth the allowances 12 for various projections permitted into the required yards in residential, industrial, and commercial districts. Projections shall not be permitted closer than four feet to any property line. Projections permitted for solar energy systems shall comply with Section 9.04.10.02.220(d). Projections as listed below into existing, non- conforming yard areas shall be permitted only if the projection does not extend closer to the property line than would be permitted if the yard area conformed to current standards. The various types of projections and the limitations on such projections into required yards are as follows: Projections Front Street Interior Rear Yard Side Side Yard Yard Yard Eaves, awnings, canopies, sun shades, sills, 30" 30" 18" 4' cornices, belt courses, trellises, arbors, and other similar architectural features Flues, chimneys, water heater enclosures, 18" 18" 18" 18" and similar vertical architectural projects not more than 5' wide parallel to the side yard and For structures with conforming setbacks that do not exceed 20% of the facade width 12" 12" 12" 12" For structures with non-conforming set-backs Patios, porches, platforms, decks, 6' 6' No Limit 6' unexcavated side yard area, and other unenclosed areas not covered by a roof or canopy and that may be raised above the level of the adjacent grade but do not extend more than 3' above the average natural grade 13 Balconies, and stairways that are open, 30" 30" 0' 4' unenclosed on at least two sides Greenhouse windows and bay windows that 18" 18" 18" 18" are not greater than 6' wide parallel to the side provided the structure has a conforming yard setback Required fire escapes Not 12" or 2" q~ permitted per 1' of required side yard whichever is greater Porte cochere not more than 20' long and Not permitted in front yard. open on three sides except for necessary Permitted in side and rear yard. structural supports and not more than 16 feet in height. Mail box canopy not more than 10' long. 30" 30" 30" 4' Recreational vehicle storage, central air conditioning, swimming pool, spa equipment. Second floor decks, patios, or balconies, covered or uncovered, adjacent to primary living spaces in OP-Districts. Not permitted in front or side yard areas. Permitted anywhere in rear yard area. 30" 30" 30" 4' SECTION 6. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 7. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, 14 or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 8. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: ~ rti. MA SHA JO 5 MOUTRIE City Attorney 15