O2413Council Meeting: November 13, 2012 Santa Monica, California
ORDINANCE NUMBER 2413 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA
AMENDING SECTION 9.04.08.12.060 OF THE SANTA MONICA MUNICIPAL
CODE TO PERMIT ROOF TOP STRUCTURES THAT CONSTITUTE A
THIRD STORY WHEN USED IN CONJUNCTION WITH ROOF DECK
RESTAURANT DINING ON THE SANTA MONICA PIER IN THE RVC —
RESIDENTIAL VISITOR COMMERCIAL DISTRICT.
WHEREAS, the maximum allowable height for buildings in the
Residential Visitor Commercial District (RVC) on the Santa Monica Pier is two
stories, 30 -feet in height, which is intended to maintain its existing Tow scale
building environment; and
WHEREAS, the Santa Monica Pier is a unique location, with the ocean,
beach, sunset and Palisades bluffs views that are enjoyed by all visitors that
make the Pier an ideal location for roof top dining so that dining patrons may
more fully enjoy the natural landscape; and
WHEREAS, however, there are certain structures needed to support roof top
dining, such as restrooms, server stations, elevator lobby areas, and service /storage
areas that cannot be constructed on an existing two story building since they would
constitute a third story addition, thus making the addition of roof top dining to two -story
buildings on the Pier impossible; and
WHEREAS, current Zoning Ordinance provisions permit certain structures that
do not constitute a story such as vents, ducts, skylights, mechanical equipment and
enclosures, elevator shafts, and stairwells among others to exceed the height limit in all
zoning districts except the R1 District, but vents, ducts and skylights cannot exceed
25% of the total roof area and mechanical equipment and enclosures cannot exceed
30% of the total roof area in order to reduce the mass and height of buildings; and
WHEREAS, therefore, an amendment to the Zoning Ordinance would be
necessary to permit roof top dining support structures on two -story buildings even if they
do not exceed the maximum height in the RVC district on the Pier of 30 -feet; and
WHEREAS, on April 26, 2012 an application for an amendment to the Zoning
Ordinance to permit roof top dining support structures on buildings on the Pier that did
not exceed the maximum height of 30 -feet but did constitute a third -story was filed with
the City; and
WHEREAS, on August 15, 2012 the Planning Commission forwarded a
recommendation to the City Council to approve a Zoning Ordinance modification to
permit such structures provided the structures along with all other roof top projections
including vents, ducts, skylights, mechanical equipment and enclosures, elevator shafts,
and stairwells among others do not exceed a total of 55 per cent of the total roof area;
and
WHEREAS, in forwarding the recommendation the Planning Commission found
the proposed Zoning Ordinance modification is consistent in principle with the goals,
objectives, policies, land uses, and programs specified in the adopted General Plan, in
that the text amendment is limited to the Santa Monica Pier and within the City's Beach
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and Oceanfront District that serves the city and the region as a well -used public
recreation amenity; and
WHEREAS, specifically, the proposed zoning modification is in keeping with City
Wide Goal LU18, which states that the Beach and Oceanfront is to be celebrated as the
City's most valuable natural, recreational and public asset and is further supported by
Policy D18.8 which encourages visitor - serving uses in commercial areas west of Ocean
Avenue between Colorado Avenue and Pico Boulevard;;and
WHEREAS, roof top dining is consistent with this goal and policy in that dining
patrons may more fully enjoy the natural landscape, which includes the ocean, beach,
sunsets and the Palisades bluffs and upholds the goals and policies by allowing a
visitor - serving restaurant use with incidental roof deck dining service within a tenant
space that has been vacant for more than 10 years and would allow other two -story
spaces on the Pier to incorporate roof -top dining; and
WHEREAS, on October 23, 2012, the City Council considered the proposed
Zoning Ordinance amendment; and
WHEREAS, for the reasons stated above and as further detailed in the October
23, 2012 Council staff report, the proposed zoning modification is consistent in principle
with the goals, objectives, policies, land uses and programs specified in the adopted
General Plan.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
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Section 1. SMMC Section 9.04.08.12.060 of the Santa Monica Municipal Code
is hereby amended to read as follows:
9.04.08.12.060 Property development standards.
All property in the RVC District shall be developed in accordance with .the
following standards:
(a) Maximum Building Height and FAR. Maximum building height, number
of stories and floor area ratio shall be determined as follows:
0
Table 9.04.08.12.060
MAXIMUM BUILDING HEIGHT AND FAR
(1) Properties Bounded
Maximum
Maximum
Maximum
by
Number
Height
FAR
the following Streets
of Stories
Pier Overlay:
a. Santa Monica Pier. The
Deauville site to the north,
Seaside Terrace to the
south, The Promenade to
the west, and Ocean
Avenue to the east, except
parcels fronting on Ocean
Avenue.
30'
2
1.0
b. Parcels fronting on
Ocean Avenue
30'
2
.5
c. Replacement of Sinbad's
building only on the Santa
Monica Pier.
40'
3
1.0
d. Amusement rides on the
Santa Monica Pier.
85' for one Ferries Wheel;
55' for one Roller Coaster;
45' for all other amusement rides
West of Ocean Avenue
from Pico Boulevard to
Seaside Terrace (Ocean
Avenue Fronting Parcels
Only).
45'
3
2.0
East side of Ocean Avenue
to First Court from
Colorado Avenue to
California Avenue.
45'
3
2.0
For parcels located along
the Pacific Coast Highway
between the Santa Monica
Pier and the north City
limits.
23'
2
0.5
flat roof
Table 9.04.08.12.060
MAXIMUM BUILDING HEIGHT AND FAR
30'
pitched roof
(2) As used in this Section, a "pitched roof' is defined as a roof with at least
two sides having no less than one foot of vertical rise for every three feet of horizontal
run. The walls of the building may not exceed the maximum height required for a flat
roof.
(3) There shall be no limitation on the number of stories of any hotel, parking
structure or Affordable Housing Project, as long as the height does not exceed the
maximum number of feet permitted in this Section. Maximum building height for the pier
platform shall be measured from the pier platform rather than average natural grade.
(4) Buildings on the Santa Monica Pier may be three stories in height
provided that the third story is comprised exclusively of structures that support roof top
dining, including, but not limited to, restrooms, server stations, elevator lobby areas and
service /storage areas provided the area of all such structures, including mechanical
equipment and enclosures and vents, ducts and skylights does not exceed fifty -five
percent of the total roof area and the total building height does not exceed the maximum
height of the district when including the roof -top dining support structures. Maximum
building height for the buildings on the pier shall be measured from the pier platform and
not Average Natural Grade (ANG).
C
(b) Maximum Unit Density. For parcels located along the Pacific Coast
Highway between the Santa Monica Pier and the north City limits, those parcels greater
than four thousand square feet, one dwelling unit for each fifteen hundred square feet of
parcel area is permitted. For parcels less than four thousand square feet, no dwelling
units shall be permitted except that one dwelling unit may be permitted if a single family
dwelling existed on the parcel on September 9, 1988. No more than one dwelling unit
shall be permitted on a parcel forty feet or less in width.
(c) Maximum Parcel Coverage. Seventy percent except that for parcels
located along the Pacific Coast Highway between the Santa Monica Pier and the north
City limits, the maximum parcel coverage shall be fifty percent.
(d) Minimum Lot Size. Five thousand square feet. Each parcel shall contain
a minimum depth of one hundred feet and a minimum width of fifty feet, except that
parcels existing on September 9, 1988, shall not be subject to this requirement.
(e) Front Yard Setback. (1) Thirty -five feet along the west side of Ocean
Avenue south of Colorado Avenue, twenty feet on the east side of Ocean Avenue south
of Colorado Avenue and five feet on all other streets, except that for parcels located
along the Pacific Coast Highway between the Santa Monica Pier and the north City
limits, the front yard setback shall be twenty feet or as shown on the Official Districting
Map, whichever is greater. (2) At least thirty percent of the building elevation above
fourteen feet in height shall provide an additional five -foot average setback from the
minimum required front yard setback.
7
(f) Rear Yard Setback. Fifteen feet, except that for parcels located along the
Pacific Coast Highway between the Santa Monica Pier and the north City limits, the
beach rear yard setback shall be fifteen feet for parcels one hundred feet or less in
depth, fifty -five feet for parcels over one hundred feet in depth.
(g) Side Yard Setback. The side yard setback shall be determined in
accordance with the following formula, except for lots of less than fifty feet in width for
which the side yard shall be ten percent of the parcel width but not less than four feet:
5 + (stories x lot width)
50
For parcels located along the Pacific Coast Highway between the Santa Monica
Pier and the north City limits, at least twenty -five percent of the side elevation above
fourteen feet in height shall provide an additional four -foot average setback from the
minimum side yard setback.
(h) Development Review. Except for projects listed in Section
9.04.10.14.050, a development review permit is required for any development of more
than seven thousand five hundred square feet of floor area and for any development
with rooftop parking. Square footage devoted to residential use shall be reduced by fifty
percent when calculating whether a development review permit is required.
(i) View Corridor. For parcels located along the Pacific Coast Highway
between the Santa Monica Pier and the north City limits, any structure with seventy feet
i:3
or more of frontage parallel to the Pacific Coast Highway shall provide an unobstructed
view corridor between Pacific Coast Highway and the ocean. The view corridor shall be
a minimum of twenty continuous feet in width measured from the property line abutting
and parallel to Pacific Coast Highway and shall remain unobstructed by any structure or
portion thereof.
(j) Parking. For parcels located along the Pacific Coast Highway between
the Santa Monica Pier and the north City limits, uncovered parking may be located in
the front half of the parcel and within the required front yard setback.
(k) Pedestrian Orientation. Ground floor street frontage of each structure
shall be designed with pedestrian orientation in accordance with Section 9.04.10.02.440
of this Chapter.
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,
9
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:
iN
Approved and adopted this 13th day of November, 2012.
1p,v-�
Rich rd Bloom, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Sarah P. Gorman, City Clerk of the City of Santa Monica, do hereby certify that
the foregoing Ordinance No. 2413 (CCS) had its introduction on October 23,
2012, and was adopted at the Santa Monica City Council meeting held on
November 13, 2012, by the following vote:
Ayes: Council members: Holbrook, McKeown, O'Connor,
Mayor Pro Tem Davis, Mayor Bloom
Noes: Council members: None
Absent: Council members: Shriver, O'Day
A summary of Ordinance No. 2413 (CCS) was duly published pursuant to
California Government Code Section 40806.
ATTEST:
Sarah P. Gorman, City Clerk