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O26241 City Council Meeting: November 12, 2019 Santa Monica, California ORDINANCE NUMBER 2624 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA TO AMEND THE TEXT OF THE CITY’S ZONING ORDINANCE RELATED TO DEVELOPMENT STANDARDS IN THE R1 (SINGLE-UNIT RESIDENTIAL) DISTRICT WHEREAS, the City of Santa Monica has expressly declared that the purpose of the Single-Unit Residential District (the “R1 District”) is to provide for single -unit housing on individual parcels at densities of one unit plus one attached or detached accessory dwelling unit to suit the spectrum of individual lifestyles and space needs and ensure continued availability of the range of housing opportunities necessary to meet the needs of all segments of the community consistent with the General Plan and State law; and WHEREAS, the City has expressly declared that the further purposes of the R1 District are to provide adequate light, air, privacy, and open space for each dwelling, and to ensure that the scale and design of new development and alterations to existing structures are consistent with the scale, mass, and character of the existing residential neighborhood; and WHEREAS, on February 13, 2018, the City Council adopted Interim Zoning Ordinance Number 2569 (CCS) (“Interim Zoning Ordinance 2569”) amending portions of Santa Monica Municipal Code section 9.07.030 to revise development standards for DocuSign Envelope ID: 8D84DC78-E2DD-4061-B37A-5B248566841F 2 maximum parcel coverage, maximum building height, and additional minimum stepbacks for upper stories in the R1 District; and WHEREAS, prior to the adoption of Interim Zoning Ordinance 2569, numerous neighborhood groups and individual residents expressed concerns a bout the size and scale of new single-unit dwellings being constructed within the City’s R1 Districts; and WHEREAS, while this new construction generally complied with the development standards for the R1 District in place at the time, they often doubled and even tripled the dwelling’s square footage; and WHEREAS, the resultant structures were out of character with the existing built environment; and WHEREAS, on April 10, 2018, the City Council adopted Interim Zoning Ordinance Number 2572 (CCS) (“Interim Zoning Ordinance 2572”) to extend the interim development standards adopted by Interim Zoning Ordinance 2569 until November 19, 2019 to allow the City to fully study and complete a public outreach process to develop permanent revised standards, while preserving existing neighborhood scale and character in the meantime; and WHEREAS, since the adoption of Interim Zoning Ordinance 2572 (CCS), staff has engaged in a review process intended to reevaluate development standards in the R1 District to: address the size of new home construction in relation to the existing neighborhood context and scale, incentivize the retention of existing homes, and make development standards in the R1 District more user-friendly; and WHEREAS, staff also engaged in a public outreach process that included seeking input from of a technical working group consisting of architects, contractors, community DocuSign Envelope ID: 8D84DC78-E2DD-4061-B37A-5B248566841F 3 representatives and other design professionals with knowledge and experience working on single-unit residential projects in the City; and WHEREAS, staff further conducted three community open houses on May 18 and 21, 2019 to provide information and education to the public as well as gather additional public input; and WHEREAS, on June 19, 2019, the Planning Commission adopted a Resolution of Intent, Resolution No. 19-013, declaring its intention to consider recommending to the City Council that the City Council amend the test of the Zoning Ordinance related to development standards in the R1 District; and WHEREAS, on June 19, 2019, the Planning Commission conducted a preliminary discussion of the potential amendments to the text of the Zoning Ordinance related to development standards in the R1 District; and WHEREAS, the Planning Commission conducted a duly noticed public hearing on August 7, 2019, and, after considering oral and written testimony regarding the proposed amendments to the text of the Zoning Ordinance, made the following findings : 1. The proposed amendments to the text of the Zoning Ordinance are consistent with the General Plan and any applicable Specific Plans in that the proposed revised development standards for the R1 District will preserve and protect the existing character of the City’s different residential single-unit neighborhoods and do not substantively affect policy decisions made with the City Council’s adoption of the General Plan or any applicable Specific Plans. 2. The proposed amendments to the text of the Zoning Ordinance are consistent with the purpose of the Zoning Ordinance to promote the growth of the Cit y in DocuSign Envelope ID: 8D84DC78-E2DD-4061-B37A-5B248566841F 4 an orderly manner and to promote and protect the public health, safety, and general welfare in that the proposed revised development standards will ensure that adequate light, air, privacy and open space is provided for each dwelling; ensure that the scale and design of new development and alterations to existing structures are consistent with the scale, mass and character of the City’s existing residential single-unit neighborhoods; and otherwise maintain the existing policies, standards and regulatio ns of the Zoning Ordinance that promote the public health, safety and welfare WHEREAS, the Planning Commission further made a recommendation to adopt the proposed amendments to the text of the Zoning Ordinance; and WHEREAS, on September 24, 2019, the City Council conducted a duly noticed hearing to consider the findings and recommendations of the Planning Commission, and desires to adopt the proposed amendments to the text of the City’s Zoning Ordinance as set forth below. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Based upon the oral and written testimony presented to the City Council at the public hearing on September 24, 2019 regarding the proposed changes to the text of the Zoning Ordinance, the City Council hereby makes the following findings: 1. The proposed amendments to the text of the Zoning Ordinance are consistent with the General Plan and any applicable Specific Plans in that the proposed revised development standards for the R1 District will preserve and protect the existing character of the City’s different residential single-unit neighborhoods and do not DocuSign Envelope ID: 8D84DC78-E2DD-4061-B37A-5B248566841F 5 substantively affect policy decisions made with the City Council’s adoption of the General Plan or any applicable Specific Plans. 2. The proposed amendments to the text of the Zoning Ordinance are consistent with the purpose of the Zoning Ordinance to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, and general welfare in that the proposed revised development standards will ensure that adequate light, air, privacy and open space is provided for each dwelling; ensure that the scale and design of new development and alterations to existing structures are consistent with the scale, mas and character of the City’s existing residential single-unit neighborhoods; and otherwise maintain the existing policies, standards and regulations of the Zoning Ordinance that promote the public health, safety and welfare. SECTION 2. Santa Monica Municipal Code Section 9.04.100 is hereby amended to read as follows: Section 9.04.100 Determining Residential Parcel Coverage. Parcel coverage is the ratio of the total footprint area of all structures on a parcel to the parcel area, typically expressed as a percentage. Areas directly below projections as identified in Section 9.21.110 that are not within minimum setback areas shall be considered part of the footprint area of a story for purposes of calculating parcel coverage for that story. Areas directly below a fully-enclosed second-story cantilever shall be considered part of the ground floor footprint area for purposes of calculating ground floor parcel coverage. Areas in any single-story portion of the building that exceed the height of the second story shall be considered part of the second -story footprint area for purposes of calculating second-story parcel coverage. Areas covered by or directly below DocuSign Envelope ID: 8D84DC78-E2DD-4061-B37A-5B248566841F 6 the following shall be excluded from the footprint area for purposes of determining parcel coverage: A. Permitted projections into minimum setback areas pursuant to Section 9.21.110; B. Eaves, awnings, canopies, sun shades, sills, cornices, belt courses, or other similar solid architectural features not within minimum setback areas project up to the same distances as permitted pursuant to Section 9.21.110; C. Greenhouse windows, bay windows, or similar architectural features not within minimum setback areas projecting to the same dimensions as permitted pursuant to Section 9.21.110; D. First-story roofed front porches of principal buildings that are open on at least the front and one side elevation not within minimum setback areas; E. Upper-story stepback areas that are open to the sky or covered by a roof structure that is at least 50% open to the sky; F. First-story outdoor areas open on at least two sides that are covered or below a permitted upper-story outdoor space; G. Projecting upper-story outdoor space not within minimum setback areas open on at least two contiguous sides and open to the sky or covered by a roof structure that is at least 50% open to the sky; H. Within the R1 District, accessory dwelling units as defined in Section 9.31.300; DocuSign Envelope ID: 8D84DC78-E2DD-4061-B37A-5B248566841F 7 I. Within the R1 District, areas totaling no more than 3% of the parcel area directly below a fully enclosed second-story cantilever; and J. Within the R1 District, accessory structures that are open to the sky or covered by a roof structure that is at least 50% open to the sky. SECTION 3. Santa Monica Municipal Code Section 9.07.030 is hereby amended to read as follows: Section 9.07.030 Development Standards Table 9.07.030 prescribes the development standards for the Single -Unit Residential (R1) District. Additional regulations, including incentives for the retention of existing homes, are denoted with Section numbers throughout the table. Specific R1 District design review criteria is located directly following the table. Table 9.07.030: Development Standards—Single-Unit Residential District Standard R1 Additional Regulations Parcel and Density Standards Minimum Parcel Area (sq. ft.) 5,000 Maximum Parcel Area (sq. ft.) See Section 9.21.030(B) Minimum Parcel Width (ft.) 50 For parcels bounded by the centerlines of First Court Alley, Seventh Street, Montana Place North Alley, and Adelaide Drive, the minimum parcel width is 100 ft. and the minimum parcel depth is 175 ft. Minimum Parcel Depth (ft.) 100 DocuSign Envelope ID: 8D84DC78-E2DD-4061-B37A-5B248566841F 8 Table 9.07.030: Development Standards—Single-Unit Residential District Standard R1 Additional Regulations Maximum Residential Density 1 unit per parcel plus 1 Accessory Dwelling Unit subject to Section 9.31.300 A duplex may be permitted with an MUP as provided in Table 9.07.020. Maximum Parcel Coverage (% of Parcel Area) One-story structure less than 18 ft. in height 50% For parcels less than 5,000 sq. ft., a maximum parcel coverage equaling 2,500 sq. ft. shall be permitted. Existing one-story structure less than 18 ft. in height with one-story additions less than 18 ft. in height 55% For parcels less than 5,000 sq. ft., a maximum parcel coverage equaling 2,750 sq. ft. shall be permitted. One-story structure 18 ft. or more in height 45% For parcels less than 5,000 sq. ft., a maximum parcel coverage equaling 2,250 sq. ft. shall be permitted. Two-story structure Parcel coverage shall be the sum of ground floor parcel coverage and second story parcel coverage and shall be no more than 45% For parcels less than 5,000 sq. ft., a maximum parcel coverage equaling 2,250 sq. ft. shall be permitted with no more than 1,125 sq. ft. allowable on the second story. Existing two-story structure with addition Parcel coverage shall be the sum of ground floor parcel coverage and second story parcel coverage and shall be no more than 55% For parcels less than 5,000 sq. ft., a maximum parcel coverage equaling 2,750 sq. ft. shall be permitted with no more than 1,375 sq. ft. allowable on the second story. Accessory Dwelling Unit Exempt from parcel coverage See Section 9.31.300 DocuSign Envelope ID: 8D84DC78-E2DD-4061-B37A-5B248566841F 9 Table 9.07.030: Development Standards—Single-Unit Residential District Standard R1 Additional Regulations Building Form and Location Maximum Number of Stories 2 Maximum Building Height (ft.) Parcels up to 20,000 sq. ft. in area 28 ft. with no wall height above 23 ft. Parcels greater than 20,000 sq. ft. in area and with a front parcel line at least 200 ft. in length  28 ft. for flat roof  32 ft. for pitched roof Projections into Height Limits See Section 9.21.060, Height Projections Minimum Setbacks (ft.) Front Per Official Districting Map or 20 ft. if not specified Side - One-story structure less than 18 ft. in height 10% of parcel width or 3.5 ft., whichever is greater, but no more than 15 ft. required Side - Aggregate of both sides for a two-story structure or one-story structure 18 ft. or more in height 30% of parcel width, but no more than 45 ft. required and each side shall be at least 10% of the parcel width or 3.5 ft., whichever is greater The aggregate side setback requirement does not apply to the following:  New structures on parcels that are 45 ft. or less in parcel width  Additions to existing structures on parcels that are less than 50 ft. in width  Structures on parcels less than 5,000 sq. ft. Rear 15 ft. from rear parcel line DocuSign Envelope ID: 8D84DC78-E2DD-4061-B37A-5B248566841F 10 Table 9.07.030: Development Standards—Single-Unit Residential District Standard R1 Additional Regulations Additional Minimum Stepbacks for Upper Stories Front Upper-Story Stepback The sum of all stepback areas shall be at least 1% of total parcel area and comply with the following:  Each stepback area shall have a minimum depth of 3% of total parcel depth and shall be measured from the required front setback.  Any stepback area exceeding 6% of total parcel depth from the required front setback shall not be included in calculating compliance with this standard.  Any stepback area used to comply with a side upper-story stepback requirement shall not be included in calculating compliance with this standard.  This standard shall apply to the total front building elevation. DocuSign Envelope ID: 8D84DC78-E2DD-4061-B37A-5B248566841F 11 Table 9.07.030: Development Standards—Single-Unit Residential District Standard R1 Additional Regulations Side Upper-Story Stepbacks The sum of all stepback areas shall be at least 1% of total parcel area and comply with the following:  Each stepback areas shall have a minimum depth of 20% of total parcel width and shall be measured from the side parcel line.  Any stepback area with a depth exceeding 25% of total parcel width from the side parcel line shall not be included in calculating compliance with this standard.  Any stepback area used to comply with a front upper- story stepback requirement shall not be included in calculating compliance with this standard.  This standard shall apply to each total side building elevation. DocuSign Envelope ID: 8D84DC78-E2DD-4061-B37A-5B248566841F 12 Table 9.07.030: Development Standards—Single-Unit Residential District Standard R1 Additional Regulations Sides—All portions of buildings exceeding 23 ft. in height  No portion of a building other than a permitted projection shall intersect a plane commencing at 23 ft. in height at the minimum side setback that extends at an angle of 45-degrees from the vertical toward the interior of the site.  The 23 ft. height measurement shall be taken from the same reference grade as determined for the subject site pursuant to Section 9.04.050. Upper-Story Outdoor Space Maximum Size of Individual Balcony, Terrace, Deck, First-Story Roof Deck, or Similar Outdoor Space 3% of parcel area or 300 sq. ft., whichever is less Individual balconies, terraces, decks, first-story roof decks, or similar outdoor spaces larger than 100 sq. ft. located in the rear half of the parcel shall be set back a minimum distance of 20% of the parcel width from the side parcel lines. Maximum Size of Roof Deck above Second Story 3% of parcel area or 300 sq. ft., whichever is less Maximum of 1 per parcel with a 7 ft. minimum setback from edges of building Openness and Use of Setbacks Maximum Front Setback Paving (% of required front setback area) Parcels 25 ft. or more in width 50% Parcels less than 25 ft. in width 60% Building Projections into Setbacks See Section 9.21.110, Projections into Required Setbacks DocuSign Envelope ID: 8D84DC78-E2DD-4061-B37A-5B248566841F 13 Table 9.07.030: Development Standards—Single-Unit Residential District Standard R1 Additional Regulations Excavation for Lightwells, Stairwells, and Access to Subterranean Garages and Basements Basements and Subterranean Garages No basement or subterranean garage shall extend into any setback area, except for any basement or garage located beneath an accessory building which is otherwise permitted within a setback area, if such basement, semi-subterranean, or subterranean garage is located at least 5 ft. from any parcel line. Lightwells and Stairwells  Side and rear setbacks may be utilized for lightwells or stairways to below-grade areas.  Excavated areas shall be set back a minimum of 10% of the parcel width from any parcel line measured to the interior wall surface of these excavated areas.  For parcels where the aggregate side setback is not required, up to a total of 50 sq. ft. within the side and rear setbacks may be utilized for lightwells or stairways to below- grade areas.  Retaining walls shall not be included in calculations for these excavated areas. Excavation for Access Excavation in the front setback area for a driveway, stairway, doorway, or other such element for access purposes shall be no deeper than 3 ft. below existing grade. Vehicle Accommodation Parking  See Sections 9.28.070, Location of Parking  Section 9.28.120, Parking Design and Development Standards Driveways  On parcels less than 100 ft. in width, no more than one driveway permitted  See Section 9.28.120, Parking Design and Development Standards DocuSign Envelope ID: 8D84DC78-E2DD-4061-B37A-5B248566841F 14 Table 9.07.030: Development Standards—Single-Unit Residential District Standard R1 Additional Regulations Incentives for Retention of Existing Homes Building Additions Section 9.21.170, Building Additions Extending into Minimum Side Setbacks Modifications to Development Standards Chapter 9.43 Modification and Waivers Architectural Review Architectural Review See Section 9.07.030(A) Additional Standards Accessory Buildings and Structures Section 9.21.020, Accessory Buildings and Structures Accessory Dwelling Units Section 9.31.300, Accessory Dwelling Units Basements Section 9.52.020.0230, Basement Definition Fences, Walls, and Hedges Section 9.21.050, Fences, Walls, and Hedges Home Occupation Section 9.31.160, Home Occupation Landscaping Chapter 9.26, Landscaping Lighting Section 9.21.080, Lighting Off-Street Parking Chapter 9.28, Parking, Loading, and Circulation Private Tennis Courts Section 9.31.250, Private Tennis Courts Projections from Buildings into Minimum Setbacks Section 9.21.110, Projections from Buildings into Minimum Setbacks Projections into Height Limits Section 9.21.060, Height Projections Refuse and Recycling Screening and Enclosure Section 9.21.130, Resource Recovery and Recycling Standards Solar Energy Systems Section 9.21.150, Solar Energy Systems DocuSign Envelope ID: 8D84DC78-E2DD-4061-B37A-5B248566841F 15 A. Architectural Review . 1. Proposed development in the R1 Single-Unit District shall not be subject to architectural review if it conforms to the development standards set forth above except as follows: a. The Architectural Review Board shall review any proposed duplex pursuant to Section 9.55.140. b. i. The Architectural Review Board shall review proposed development that is located on a parcel with a grade differential of 12.5 feet or more between the front and rear parcel lines, and associated with the following: (a) new residential building; or (b) a 50 percent or greater square foot addition to an existing dwelling unit. ii. A proposed structure may be approved if its size, mass, and placement are found to be compatible with improvements in the immediate neighborhood. 2. The Architectural Review Board shall review and may approve proposed development that does not conform to the development standards set forth above as follows: a. The Architectural Review Board shall review any proposed addition of 500 square feet or less that is regarded as a third story that is DocuSign Envelope ID: 8D84DC78-E2DD-4061-B37A-5B248566841F 16 located on a parcel with a grade differential of 12.5 or more between the front and rear parcel lines. The Architectural Review Board may approve such an addition if the following findings of fact are made i. the street frontage and overall massing are compatible with the existing scale and neighborhood context; ii. the addition does not enlarge the first-story of the existing residence such that a nonconforming condition is expanded; and iii. the properties in the immediate neighborhood will not be substantially impacted. b. i. The Architectural Review Board shall review the following: (a) Any proposed new structure on a parcel that is more than 45 feet in width that does not comply with the minimum aggregate side setback but that is set back a minimum of 10% of parcel width on each side; (b) Any proposed addition to an existing structure on a parcel 50 feet or more that does not comply with the minimum aggregate side setback but that is set back a minimum of 10% of parcel width on each side; (c) Any proposed two-story structure that does not conform to the standard set forth above for additional minimum stepbacks for upper stories; DocuSign Envelope ID: 8D84DC78-E2DD-4061-B37A-5B248566841F 17 (d) Any proposed structure that does not conform to the standards for subterranean garages and basements set forth in Table 9.07.030, Chapter 9.28 (Parking), and Section 9.52.020.230 of this Code; (e) Any proposed individual upper story balcony, terrace, deck, first-story roof deck, or similar outdoor space that does not conform to the standard set forth above; (f) Any proposed structure with garage doors that face the public street, are located within the front half of the parcel, and (i) are not set back from the primary façade facing the public street a minimum of 5 feet or (ii) are more than 16 feet in width; or (g) Any proposed structure that includes a first-story porch or second-story balcony that (a) is open on at least three sides, (b) has a height of no more than 14 feet, including parapets and railings, (c) projects into the minimum front setback and (d) exceeds 50 percent of the front building width as measured at the front façade. ii. The Architectural Review Board may approve a design modification set forth in this subsection if the following findings of fact are made: DocuSign Envelope ID: 8D84DC78-E2DD-4061-B37A-5B248566841F 18 (a) There are special circumstances or exceptional characteristics applicable to the property involved, including size, shape, topography, surroundings, or location of the existing improvements or mature landscaping on the site; (b) Granting the design modification will not be detrimental or injurious to the property or to improvements in the general vicinity and district in which the property is located; (c) Granting the design modification will not impair the integrity and character of surrounding context, or impact the light, air, open space, or privacy of adjacent properties; (d) If the design modification includes a modification or addition to a building on the City’s Historic Resources Inventory, the modification or addition is compatible with the building’s historic architectural character, does not result in the removal of historic building features, and is consistent with the Secretary of the Interior Standards for Rehabilitation; and (e) The design modifications comply with the criteria set forth in Section 9.55.140. DocuSign Envelope ID: 8D84DC78-E2DD-4061-B37A-5B248566841F 19 SECTION 4. Santa Monica Municipal Code Section 9.21.020 is hereby amended to read as follows: 9.21.020 Accessory Structures Accessory structures shall conform to the same property development standards as main buildings except as required by this Section. Accessory buildings in Residential Districts shall include, but not be limited to, greenhouse and garden structures, storage sheds, workshops, garages, and other buildings that are detached from the principal building. Accessory structures in Residential Districts shall include, but be not limited to, unenclosed carports, gazebos, cabanas, or other similar structures; air conditioners, compressors, electric vehicle charging equipment, pool and spa filters, or other mechanical equipment; barbecues; sinks and counters; fountains; freestanding fireplaces; firepits; above ground swimming pools and spas; and other structures with a fixed location that are detached from the principal building. Accessory structures greater than 14 feet in height are not permitted. Accessory structures shall be erected, structurally altered, converted, enlarged, moved, and maintained, in compliance with the follow ing regulations: A. Relation to Principal Buildings. An accessory building may only be constructed on a parcel with a legally-permitted principal building. An accessory building shall be considered part of the principal building if the accessory building is located less than 6 feet from the principal building or if connected to it by fully enclosed space. B. Dwelling Units in Accessory Buildings. An accessory building on a parcel occupied by a single-unit detached structure may only be used as a separate DocuSign Envelope ID: 8D84DC78-E2DD-4061-B37A-5B248566841F 20 dwelling unit in compliance with the requirements of Section 9.31.300, Accessory Dwelling Units. C. Accessory Buildings up to 14 Feet in Residential Districts. Accessory buildings and structures not more than 14 feet or one story in height shall conform to the following standards: 1. Location. a. Accessory buildings shall be located on the rear half of the parcel and shall not extend into the minimum side yard setback except as authorized pursuant to subsections (b) and (c) below. b. Accessory buildings no more than 14 feet in height may be located in the rear setback but shall be located at least 5 feet from the rear parcel line. A garage or garage portion of such an accessory building may extend up to one interior side parcel line within the rear 35 feet of a parcel. c. A garage or garage portion of an accessory building may extend to the rear parcel line abutting an alley, provided that vehicle access is not taken from the alley. Where vehicle access is taken from an alley, garages shall be set back at least 5 feet from the rear parcel line abutting said alley. d. Accessory buildings may be located in the rear setback and shall be located at least 15 feet from the centerline of a rear alley. DocuSign Envelope ID: 8D84DC78-E2DD-4061-B37A-5B248566841F 21 e. Accessory structures shall not be located within any front or minimum side setback except as expressly authorized below: i. Fountains, fire pits, and similar ornamental landscape features not to exceed 42 inches in height. ii. Underground mechanical equipment. iii. Electric vehicle charging equipment shall be permitted within any minimum side setback but shall not be permitted within any minimum front setback. 2. Dimensions. a. On a reversed corner parcel, accessory buildings shall not be located nearer to the street side parcel line of such corner parcel than one-half of the front setback depth required on the key parcel, nor be located nearer than 5 feet to the side parcel line of any key parcel. b. Any accessory building on a through parcel shall not project into any front setback and shall not be located in any minimum side setback. 3. Sloped Parcels. a. Where the elevation of the ground at a point 50 feet from the front parcel line of a parcel and midway between the side parcel lines differs 12 feet or more from the curb level, a private garage, not exceeding one story nor 11 feet in height for a flat roof and one story nor 14 feet in height for a pitched DocuSign Envelope ID: 8D84DC78-E2DD-4061-B37A-5B248566841F 22 roof, may be located within the required front setback, provided that every portion of the garage building is at least 5 feet from the front parcel line and does not occupy more than 50 percent of the width of the front parcel line. b. In all OP Districts, a garage or garage entrance on a parcel with an existing grade differential of 10 feet or more between the midpoint of the front parcel line and the midpoint of the rear parcel line may be set back a distance equal to the average garage setback of adjacent garage(s), but not less than 5 feet, when the interior garage width does not exceed 20 feet and the height does not exceed 11 feet for a flat roof and 14 feet for a pitched roof. 4. Facilities. Except for Accessory Dwelling Units established in compliance with Section 9.31.300 of this Ordinance, accessory buildings may not contain kitchens or full baths. An accessory building that is not an approved Accessory Dwelling Unit may contain a sink and toilet, but may not contain a shower or tub enclosure. A shower that is outside and unenclosed is permitted. D. Accessory Buildings over One Story or 14 Feet in Residential Districts. Accessory buildings that exceed 14 feet or one story in height shall conform to the following standards: 1. Maximum Floor Area. The total floor area of an accessory building that exceeds 14 feet or one story in height shall not exceed 650 square feet DocuSign Envelope ID: 8D84DC78-E2DD-4061-B37A-5B248566841F 23 including any area approved for use as a garage. No accessory building shall have a second floor that exceeds 250 square feet in size. Accessory Dwelling Units are exempt from this requirement pursuant to Section 9.31.300. 2. Maximum Building Height. The accessory building shall not exceed two stories or 24 feet in height. 3. Setbacks. The accessory building shall conform to all setback requirements of the Residential District and the following requirements: a. A one-story garage or the garage portion of an accessory building may extend into the rear setback and may extend to one interior side property line on the rear 35 feet of a parcel. b. The accessory building shall have the same minimum side setback requirement as the principal building on the parcel, but in no case less than 5 feet. c. The second story portion of an accessory building that is directly above the garage may extend into the required rear setback but shall be no closer than 5 feet from the rear property line, and may not extend into any minimum side setback. 4. Exterior Features. In the Single-Unit Residential (R1) District, first-story roof decks, landings, upper level walkways, and balconies on accessory buildings, not including Accessory Dwelling Units, shall not exceed 35 square feet in area and must be set back at least 25 feet from the side DocuSign Envelope ID: 8D84DC78-E2DD-4061-B37A-5B248566841F 24 property line closest to the structure, and at least 25 feet from the rear property line. Roof decks above the second-story are prohibited. 5. Design Compatibility. The architectural design of the accessory building shall be compatible with the design of the principal dwelling and surrounding residential development in terms of building form, materials, colors, and exterior finishes. 6. Kitchen. The accessory building shall not contain a kitchen unless specifically permitted as an Accessory Dwelling Unit pursuant to Section 9.31.300, Accessory Dwelling Units. 7. Full Bath. The accessory building may contain a sink and toilet, but shall not contain a shower or tub enclosure unless specifically permitted as an Accessory Dwelling Unit pursuant to Section 9.31.300. A shower that is located outside and unenclosed may be permitted. 8. Renting. No accessory building shall be rented for any purpose or otherwise used as an Accessory Dwelling Unit unless specifically pursuant to Section 9.31.300. SECTION 5. Santa Monica Municipal Code Section 9.21.060 is hereby amended to read as follows: Section 9.21.060 Height Projections No structure shall project above the height limits established in this Article except as specified in this Section. A. Building-Mounted and Attached Structures. Table 9.21.060 establishes the maximum permitted projection(s) above the height limit of a building for structures DocuSign Envelope ID: 8D84DC78-E2DD-4061-B37A-5B248566841F 25 that are typically mounted or attached to a building. These projections are by right, with no discretionary permit required. Table 9.21.060 also establishes limitations in the horizontal coverage of permitted projections. Some allowances apply in all Zoning Districts while others are limited to specified Zoning Districts. In the Single-Unit Residential (R1) District, allowed height projections into the minimum side stepback areas above 23 feet shall be permitted. None of these projections shall permit occupiable space above the height limit. The total aggregate coverage of projections shall not exceed 30 percent of a roof’s area. This limitation shall not apply to solar energy systems (see Section 9.21.150). TABLE 9.21.060: ALLOWED PROJECTIONS ABOVE HEIGHT LIMITS Structure Maximum Aggregate Coverage of Building’s Roof Area (%); Other Locational Restrictions Maximum Vertical Projection (ft.) Above the Height Limit* Projections Allowed in All Zoning Districts: Skylights No limit 1 ft. Skylights on flat roofs 30%; May not be located within 5 ft. of any edge of the roof 5 ft. Chimneys, vent stacks 5% 5 ft. Windscoops 5% 5 ft. Solar energy systems located on a rooftop See Section 9.21.150 See Section 9.21.150 Antennas One standard television receive-only nonparabolic antenna and one vertical whip antenna 10%; May not be located between the building and any street- facing parcel line. 25 ft. Other antennas See Chapter 9.32, Telecommunications Facilities Parapets, fire escapes, catwalks, and open guard rails required by law As required by law As required by law Projections Allowed in All Districts Except R1 and OP-1 Districts: DocuSign Envelope ID: 8D84DC78-E2DD-4061-B37A-5B248566841F 26 TABLE 9.21.060: ALLOWED PROJECTIONS ABOVE HEIGHT LIMITS Structure Maximum Aggregate Coverage of Building’s Roof Area (%); Other Locational Restrictions Maximum Vertical Projection (ft.) Above the Height Limit* Non-occupiable features such as steeples, spires, towers, domes, and cupolas 10% 10 ft. Rooftop features for outdoor living areas, such as sunshade, open railings, trellises, and landscaping 25% 10 ft. Elevator shafts 15% 18 ft.* above the roofline Stairwells 25% 14 ft.* above the roofline Mechanical rooms and enclosures 25% 12 ft.* above the roofline Ventilating fans, water tanks, cooling towers, or other equipment required to operate and maintain a building, along with screening of such equipment required by Section 9.21.140, Screening Total area enclosed by all screening may not exceed 30% of roof area 12 ft. SECTION 6. Santa Monica Municipal Code Section 9.21.110 is hereby amended to read as follows: Section 9.21.110 Projections from Buildings into Minimum Setbacks Table 9.21.110 sets forth the requirements for permitted projections from buildings into minimum setbacks. In the Single-Unit Residential (R1) District, only expressly authorized projections into the minimum side stepback areas above 23 feet shall be permitted. Projections shall not be permitted closer than 4 feet to any parcel line unless otherwise expressly authorized. Projections as listed below into existing, nonconforming setback areas shall be permitted only if the projection does not extend closer to the p arcel line than would be permitted if the setback area conformed to current standards. The types of projections and the limitations on such projections into minimum setbacks are DocuSign Envelope ID: 8D84DC78-E2DD-4061-B37A-5B248566841F 27 permitted subject to Chapter 4.12, Noise; Section 9.31.180, Hazardous Visual Obstructions; and compliance with the California Building Code as follows: TABLE 9.21.110: ALLOWED PROJECTIONS FROM BUILDINGS INTO MINIMUM SETBACKS Projections Front Setback Street Side Setback Interior Side Setback Rear Setback Eaves, awnings, canopies, sun shades, sills, cornices, belt courses, trellises, arbors, and other similar architectural features (also permitted within R1 stepback areas above 23 feet) 30 in. (no closer than 1.5 ft. to parcel line) 30 in. (no closer than 1.5 ft, to parcel line) 24 in. (no closer than 1.5 ft. to parcel line) 4 ft. (no closer than 1.5 ft. to parcel line) Flues, chimneys, rain gutters, downspouts, and similar vertical architectural projections not more than 5 ft. wide parallel to the side setback and that do not exceed 20% of the façade width All setbacks: 18 in. for structures with conforming setbacks; 12 in. for structures with nonconforming setbacks Patios, porches, platforms, decks, and other unenclosed areas not covered by a roof or canopy and that may be raised above the level of the adjacent setback but do not extend more than 3 ft. above the average natural grade except for guard rails to the extent legally required 6 ft. 6 ft. No limit (can extend to parcel line) No limit (can extend to parcel line) In the R1 District, first-story porches and second-story balconies open on 3 sides with a height of no more than 14 ft., including parapets and railings, that do not exceed 50% of the front building width measured at the front façade. 6 ft. Not permitted Not permitted Not permitted In the R1 District, stairs with no roof or canopy less than 3 ft. above finished grade associated with a first-story front porch projection 4 additional feet Not permitted Not permitted Not permitted DocuSign Envelope ID: 8D84DC78-E2DD-4061-B37A-5B248566841F 28 TABLE 9.21.110: ALLOWED PROJECTIONS FROM BUILDINGS INTO MINIMUM SETBACKS Projections Front Setback Street Side Setback Interior Side Setback Rear Setback Balconies, decks, porches, and similar structures that are open, unenclosed on at least 2 sides 30 in. 30 in. Not permitted 4 ft. In any OP district, second floor decks, patios, or balconies, covered or uncovered, adjacent to primary living spaces 30 in. 30 in. 30 in. 4 ft. Unroofed access facilities, including stairs and wheelchair ramps, with a height, including railings, of no more than 6 ft. above average natural grade 8 ft., but may extend any distance to accommodate wheelchair ramps or similar ADA access facilities Exterior access facilities leading to the second or higher story of a building, including open or enclosed fire escapes and open, unroofed fireproof outside stairways, landings, exterior corridors, and wheelchair ramps. This projection shall not be permitted within the R1 District. Not permitted Not permitted 12 in. or 2 in. per foot of required side setback, whichever is greater 4 ft. Greenhouse windows and bay windows that are not greater than 6 ft. wide parallel to the setback if all such windows are cantilevered only and do not extend to the ground level, provided the structure has a conforming setback 18 in. 18 in. 18 in. 18 in. Porte cocheres not more than 20 ft. long, not more than 14 ft. in height, including required railings or parapets, and open on at least 2 sides Not permitted No limit (can extend to parcel line) unless limited by Building Code Mailbox canopies not more than 10 ft. long 30 in. 30 in. 30 in. 4 ft. DocuSign Envelope ID: 8D84DC78-E2DD-4061-B37A-5B248566841F 29 TABLE 9.21.110: ALLOWED PROJECTIONS FROM BUILDINGS INTO MINIMUM SETBACKS Projections Front Setback Street Side Setback Interior Side Setback Rear Setback Air conditioners, compressors, hot tub motors, pool filters, and other mechanical equipment Not permitted Not permitted Not permitted No limit (can extend to parcel line) Detached structures and mechanical equipment See Section 9.21.020, Accessory Buildings and Structures Water heaters enclosures and tankless water heaters Not permitted 18 in. for structures with conforming setbacks; 12 in. for structures with nonconforming setbacks No limit (can extend to parcel line) Utility equipment including, but not limited to, gas, water, and electrical meters Not permitted (unless required by Building and Utility Codes) 18 in. for structures with conforming setbacks; 12 in. for structures with nonconforming setbacks No limit (can extend to parcel line) Electric vehicle charging equipment Not permitted No limit (can extend to parcel line) No limit (can extend to parcel line) No limit (can extend to parcel line) Solar energy system equipment See Section 9.21.150, Solar Energy Systems SECTION 7. Santa Monica Municipal Coe Section 9.21.170 is hereby amended to read as follows: DocuSign Envelope ID: 8D84DC78-E2DD-4061-B37A-5B248566841F 30 9.21.170 Building Additions Extending into Minimum Side Setbacks In all residential districts, an addition(s) to an existing building that has a nonconforming side setback may continue to extend into the minimum side setback provided all of the following criteria are met: A. The addition(s) do(es) not exceed one-story and fourteen feet in height. B. The addition(s) do(es) not extend closer to the side property line than the existing structure. C. The addition(s) do(es) not extend closer than four feet to the side property line. D. The addition(s) do(es) not exceed fifteen feet in length parallel to the side property line. E. The addition(s) is (are) not limited to one side of the existing structure and may extend into both side yard setbacks. F. There has been no prior addition under this Section. SECTION 8. Santa Monica Municipal Code Section 9.28.020 is hereby amended to read as follows: 9.28.020 Applicability The requirements of this Chapter apply to the following. A. New Buildings and Land Uses. On-site parking shall be provided according to the provisions of this Chapter at the time any building or structure is erected or any new land use is established. B. Addition, Enlargement of Use, and Change of Use of Existing Non- Residential Buildings. DocuSign Envelope ID: 8D84DC78-E2DD-4061-B37A-5B248566841F 31 1. Except as provided in subsection (B)(2), a change of use shall provide the difference between the required parking ratio for the proposed use and one automobile parking space per 300 square feet. 2. Changes in use that create an increase of 3 or fewer required parking spaces, calculated in accordance with subsection (B)(1), shall not be required to provide additional on-site automobile parking according to the provisions of this Chapter. Bicycle parking shall be provided in accordance with Section 9.28.140. 3. Existing parking shall be maintained and additional parking shall be required only for such addition, enlargement, or change of use and not for the entire building or site. If the number of existing parking spaces is greate r than the requirements for such use, the number of spaces in excess of the prescribed minimum may be counted toward meeting the parking requirements for the addition, enlargement, or change in use. 4. A change in occupancy is not considered a change in us e unless the new occupant is a different use than the former occupant. C. Addition, Enlargement of Use, and Change of Use of Existing Residential Buildings. 1. For any new commercial, cultural, health, industrial, or commercial entertainment and recreation use of an existing residential building, structure including any addition and enlargement of use, parking spaces in the number specified in Section 9.28.060, Required Off -Street Parking, shall be provided for the entire parcel. DocuSign Envelope ID: 8D84DC78-E2DD-4061-B37A-5B248566841F 32 2. For any new residential or educational use of an existing residential building or structure such that the new residential or educational use will require a greater number of parking spaces as compared to the previous use, parking spaces in the number specified in Section 9.28.060 , Required Off-Street Parking, shall be provided for the new use. D. Additions and Alterations to Residential Buildings. When an addition or alteration is proposed to a residential building that does not currently provide parking in compliance with this Chapter, the following regulations apply: 1. Multi-Unit Dwellings. Additional parking shall be required for the proposed addition or alteration if it increases the number of bedrooms of existing units. 2. Increased Number of Dwelling Units. The creation of additional dwelling units through the alteration of an existing building or construction of an additional structure or structures requires the provision of on-site parking to serve the new dwelling units in compliance with the provisions of this Chapter. This requirement does not apply when sufficient on -site parking exists to provide the number of spaces required for the existing and new dwelling units in compliance with all applicable requirements. E. Construction Timing. On-site parking facilities required by this Chapter shall be constructed or installed prior to the issuance of a Certificate of Occupancy for the uses that they serve. SECTION 9. Santa Monica Municipal Code Section 9.28.070 is hereby amended to read as follows: Section 9.28.070 Location of Parking DocuSign Envelope ID: 8D84DC78-E2DD-4061-B37A-5B248566841F 33 Required off-street parking and loading spaces shall be located on the same parcel as the use they serve, except as otherwise provided in this Chapter. Entrances to off - street parking and loading should be located on a non -primary façade, except as described below. Where a parcel contains more than 1 street frontage, the parking entrance should be located on the secondary street or alley. All efforts should be made to eliminate the impacts of parking entrances on main thoroughfares and transit-oriented streets. The requirements of this Section shall not apply to vehicles on display by an automobile dealer in a showroom or approved outdoor area unless otherwise specified by this Ordinance. A. Above Ground Parking. 1. Residential Districts. Parking shall be located in the rear half of the parcel and at least 40 feet from a street -facing property line, except as provided below: a. Single-Unit Residential District. Required parking may be located in the front half of the parcel provided the parking is located behind the primary first-story facade facing the street. Required parking in the single-unit residential district shall not be required to be located within an enclosed garage; however, allowable garages may be located in the front half of the parcel subject to the setback requirements of the Base District and the following: i. Garage doors facing a public street shall be located at least 5 feet behind the primary façade facing the street, and never less than the required Base District setback. DocuSign Envelope ID: 8D84DC78-E2DD-4061-B37A-5B248566841F 34 ii. Projection into Front Yard Setback. In the R1 Single-Unit Residential District, a one-story garage attached to the primary structure with a maximum height of 14 feet, including parapets and railings, a maximum length of 25 feet, and with garage doors perpendicular to the public street, shall be allowed to project up to 6 feet into the required front yard if no alley access exists, but may not extend closer than 20 feet to the front property line. b. Multi-Unit Residential Districts. Parking may be located in the front half of the parcel in Multi-Unit Residential Districts provided that no part of a required front setback shall be used for parking purposes. c. Garage Openings and Doors. i. Garage Opening Setback. Garage openings shall be located the following minimum distances from parcel lines adjoining streets and alleys: (1) Front-entry garage: 20 feet. (2) Side-entry garage: 5 feet. (3) Garage with alley access: 15 feet from centerline of alley. (4) Narrow parcels: For garages with rear vehicular access from an alley and located on a parcel 27 feet wide or less, the side setback adjacent to a street or another alley may be reduced to 3 feet. DocuSign Envelope ID: 8D84DC78-E2DD-4061-B37A-5B248566841F 35 (5) A minimum 22-foot turning radius is required from the garage to the opposite side of the street alley, drive aisle, or driveway. ii. Garage Door Width. If a garage faces the front or street side parcel line, the garage doors shall not be more than 18 feet wide. A door to a single space shall not be more than 9 feet wide. Not more than 1 double garage may be entered from the side street side of a corner or a reversed corner parcel. However, within the Single-Unit Residential (R1) District, the following shall apply: (1) Garage doors facing the public street may not exceed 16 feet in width unless located in the rear half of the parcel except as provided in Section 9.07.030(A). (2) On parcels 27 feet wide or less, no more than one garage door shall be permitted facing the public street, and the garage door shall not exceed 9 feet in width. d. Sloped Parcels. Garages may be located in the required front setback when the elevation of the ground at a point 50 feet from the front parcel line and midway between the side parcel lines differs 12 feet or more from the level of the curb or in all Ocean Park Districts where there is a change in existing grade of 10 feet or more between the midpoint of the front parcel line and the midpoint of the rear parcel line subject to the following: DocuSign Envelope ID: 8D84DC78-E2DD-4061-B37A-5B248566841F 36 i. Height shall not exceed 14 feet if a pitched roof, 11 feet for a flat roof, or 1 story; ii. No portion of the garage may be closer than 5 feet from the front property line; iii. The garage may not occupy more than 50 percent of the width of the front setback; and iv. In all Ocean Park Districts, a garage that complies with subsections (i) through (iii) may be set back a distance equal to the average setback of garages on adjacent parcels if the interior garage width does not exceed 20 feet. e. Along the Pacific Coast Highway. Uncovered parking may be located in the front half of the parcel and within the required front setback on parcel located along the Pacific Coast Highway between the Santa Monica Pier and the north City limits. f. Rooftop Parking. Rooftop parking is prohibited in all Residential Districts. 2. Mixed-Use and Non-Residential Districts. a. Interior Side and Rear Setbacks. Above ground parking that does not extend above the first floor level may be located within required interior side and rear setback provided above ground parking is set back a minimum of 5 feet from an interior parcel line adjacent to a Residential District. b. Rooftop Parking. DocuSign Envelope ID: 8D84DC78-E2DD-4061-B37A-5B248566841F 37 i. Rooftop parking is prohibited in the following areas: (1) Neighborhood Commercial Districts; and (2) Except as authorized in Section 9.31.070(D)(6), within 50 feet of Residential Districts. ii. Where permitted, rooftop parking areas shall be screened at their perimeters to prevent light spill onto adjacent properties. Non-skid or other similar surface treatment on both floors and ramps of the rooftop shall be required to prevent tire squeals. In order to minimize noise and air impacts, exhaust vents and other mechanical equipment shall be located as far from residential uses as feasible consistent with Chapter 8 of the Municipal Code. B. Subterranean Parking Structures. 1. Required Setbacks. A subterranean parking structure may be constructed and maintained in any required setback area except in any required unexcavated areas. 2. Openings. All openings for ingress and egress facing the front parcel line shall be situated at or behind the front building line of the main building. There shall be no more than 1 vehicular opening facing the front parcel line for each main building. Pedestrian access openings are permitted. 3. Crossing Property Lines. Development located on 2 or more separate parcels may share common subterranean parking garages or link DocuSign Envelope ID: 8D84DC78-E2DD-4061-B37A-5B248566841F 38 circulation between subterranean parking facilities only if the parcels are combined pursuant to Section 9.21.030, Development on Multiple Parcels. C. Semi-Subterranean Parking Structures. 1. Front Setback. Semi-subterranean parking structures shall not be located within a required front setback. 2. Side and Rear Setback. a. On parcels less than 50 feet in width, a semi-subterranean parking structure may extend to both property lines and to the rear property line. b. On parcels having a width of 50 feet or greater, a semi-subterranean parking structure may be constructed and maintained in any required side or rear setback area except in a required unexcavated area. 3. Openings. All openings for ingress and egress facing the front parcel line shall be situated at or behind the front building line of the main building. There shall be no more than 1 vehicular opening facing the front parcel line for each main building. Pedestrian access openings are permitted. 4. Parking Podium Height. The finished floor of the first level of the building or structure above the parking structure shall not exceed 3 feet above the average natural, sloped average natural, or theoretical grade of the parcel, except for openings for ingress and egress. SECTION 10. Santa Monica Municipal Code Section 9.31.300 is hereby amended to read as follows: 9.31.300 Accessory Dwelling Units DocuSign Envelope ID: 8D84DC78-E2DD-4061-B37A-5B248566841F 39 Notwithstanding the Accessory Buildings and Structures standards of Section 9.21.020, Accessory Dwelling Units shall be developed, located, and operated in accordance with the following standards. A. Purpose. The purpose of this Section is to: 1. Allow Accessory Dwelling Units as an accessory use to Single-Unit Dwellings, consistent with California Government Code Section 65852.2, and provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located; 2. Establish that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot upon which it is located; 3. Allow for an increase in the supply of affordable housing in the City; and 4. Maintain the single-unit character of neighborhoods in the City. B. Permit Requirements. 1. Zoning Conformance Review. An Accessory Dwelling Unit that conforms to all standards of this Section not to exceed 650 square feet for parcels up to and including 6,000 square feet in area or not to exceed 800 square feet for parcels greater than 6,000 square feet in area is permitted by right. A Zoning Conformance Review shall be conducted to verify compliance with all applicable standards. C. Location. An Accessory Dwelling Unit may be established on any legal parcel that contains 4,000 square feet or more in any District where a primary Single -Unit Dwelling has been previously established or is proposed to be established in DocuSign Envelope ID: 8D84DC78-E2DD-4061-B37A-5B248566841F 40 conjunction with construction of the Accessory Dwelling Unit. Only one Accessory Dwelling Unit is permitted per parcel. D. Type of Unit and Relation to Main Dwelling. The Accessory Dwelling Unit shall provide separate, independent living quarters for one household. The Acces sory Dwelling Unit may be attached, detached, or located within the living area of the primary Single-Unit Dwelling on the parcel, subject to the standards of this Section. A detached Accessory Dwelling Unit shall be considered part of the primary Single - Unit Dwelling if the Accessory Dwelling Unit is located less than 6 feet from the primary Single-Unit Dwelling or if connected to it by fully enclosed space. E. Conversion or Demolition of Existing Structures. 1. Garage Conversions. Conversion of all or a portion of a garage to an Accessory Dwelling Unit is permitted, provided that alternate parking for the primary dwelling is provided that meets the requirements of Chapter 9.28, Parking, Loading, and Circulation, and the District within which the parcel is located. Notwithstanding Chapter 9.28, such alternate parking may be located in any configuration on the same lot as the Accessory Dwelling Unit, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts. No setback shall be required for an existing garage that is converted to an Accessory Dwelling Unit, and a setback of 5 feet from the side and rear property lines shall be required for an Accessory Dwelling Unit that is constructed above a garage. DocuSign Envelope ID: 8D84DC78-E2DD-4061-B37A-5B248566841F 41 2. Demolition of Existing Structure. When an existing garage, carport, or covered parking structure is demolished in conjunction with the construction of an Accessory Dwelling Unit, alternate parking for the primary dwelling shall be provided in a form that meets the requirements of Chapter 9.28, Parking, Loading, and Circulation and the District within which the parcel is located. Notwithstanding Chapter 9.28, such alternate parking may be located in any configuration on the same lot as the Accessory Dwelling Unit, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts. 3. Conversion of Existing Floor Area of the Main Dwelling. The creation of an Accessory Dwelling Unit through conversion of part of the existing floor area of the primary Single-Unit Dwelling shall be allowed, provided it has independent exterior access from the existing primary Single-Unit Dwelling and does not result in the floor area of the primary dwelling being less than 150 percent of the floor area of the Accessory Dwelling Unit, or in violation of the standards of the California Building Code. 4. Conversion of an Existing House to an Accessory Dwelling Unit. In cases in which an existing Single-Unit Dwelling has an area up to 650 square feet for parcels up to and including 6,000 square feet in area or up to 800 square feet for parcels greater than 6,000 square feet in area, the Review Authority may approve the construction of one additional residence that is intended to be the primary residence (a Single -Unit Dwelling) on the property. The existing residence, which is intended to become the lawful DocuSign Envelope ID: 8D84DC78-E2DD-4061-B37A-5B248566841F 42 Accessory Dwelling Unit, must comply with all the requirements of this Section. The primary residence shall be constructed in accordance with the provisions of the applicable District standards and other requirements of this Article. 5. Conversion on an Existing Accessory Building to an Accessory Dwelling Unit. Notwithstanding subsection F, the conversion of an existing accessory building up to 650 square feet for parcels up to and including 6,000 square feet in area or up to 800 square feet for parcels greater than 6,000 square feet in area, including, but not limited to, a studio, pool house, or other similar structure to an Accessory Dwelling Unit shall be allowed if the unit is contained within the existing space of the accessory building, has independent exterior access from the existing primary Single-Unit Dwelling, and the side and rear setbacks of the Accessory Dwelling Unit are sufficient for fire safety. F. Development Standards. An Accessory Dwelling Unit shall conform to the height, setbacks, parcel coverage, and other zoning requirements of the District in which it is located, other requirements of this Article, and other applicable City codes, except as provided in this Section. 1. Attached Accessory Dwelling Units. An Accessory Dwelling Unit that is attached to the primary dwelling shall comply with all the property development standards for the primary dwelling. 2. Detached Accessory Dwelling Units Up to 14 Feet in Height. A detached Accessory Dwelling Unit located within a new accessory structure up to 14 DocuSign Envelope ID: 8D84DC78-E2DD-4061-B37A-5B248566841F 43 feet in height or within additions to existing accessory structures up to 14 feet in height shall comply with the following requirements: a. Location. i. An Accessory Dwelling Unit shall be located on the rear half of the parcel and shall not extend into the required minimum side yard setback except as authorized pursuant to subsection E above. ii. An Accessory Dwelling Unit may be located in the rear setback but shall be located at least 5 feet from the rear parcel line. iii. On a reverse corner parcel, an Accessory Dwelling Unit shall not be located nearer to the street side parcel line of such corner parcel than ½ of the front setback depth required on the key parcel, nor be located nearer than 5 feet to the side parcel line of any key parcel. iv. Any Accessory Dwelling Unit on a through parcel shall not project into any front setback and shall not be located in any required side setback. b. Maximum Floor Area. The total floor area of an Accessory Dwelling Unit up to 14 feet in height shall not exceed 650 square feet for parcels up to and including 6,000 square feet in area or shall not exceed 800 square feet for parcels greater than 6,000 square feet in area. DocuSign Envelope ID: 8D84DC78-E2DD-4061-B37A-5B248566841F 44 c. Maximum Building Height. The Accessory Dwelling Unit shall not exceed one story or 14 feet in height. 3. Detached Accessory Dwelling Units Over One Story or 14 Feet in Height. A detached Accessory Dwelling Unit located within a new accessory structure over one story or 14 feet in height or within additions to existing accessory structures over one story or 14 feet in height shall comply with the following requirements: a. Location. i. An Accessory Dwelling Unit shall be located on the rear half of the parcel and shall not extend into the required minimum side yard setback except as authorized pursuant to subsection E above. ii. An Accessory Dwelling Unit may be located in the rear setback but shall be located at least 5 feet from the rear parcel line. The second story portion of an Accessory Dwelling Unit may extend into the required rear setback but shall be no closer than 15 feet from the centerline of the alley or 15 feet from the rear property line where no alley exists. For second story portions of an Accessory Dwelling Unit constructed above an existing garage, a setback of 5 feet from the side and rear parcel lines shall be required. DocuSign Envelope ID: 8D84DC78-E2DD-4061-B37A-5B248566841F 45 iii. An Accessory Dwelling Unit shall have the same minimum side setback requirement as the principal building on the parcel, but in no case less than 5 feet. iv. On a reverse corner parcel, an Accessory Dwelling Unit shall not be located nearer to the street side parcel line of such corner parcel than ½ of the front setback depth required on the key parcel, nor be located nearer than 5 feet to the side parcel line of any key parcel. v. Any Accessory Dwelling Unit on a through parcel shall not project into any front setback and shall not be located in any required side setback. b. Maximum Floor Area. The total floor area of an Accessory Dwelling Unit that exceeds one story or 14 feet in height shall not exceed 650 square feet for parcels up to and including 6,000 square feet in area or shall not exceed 800 square feet for parcels greater than 6,000 square feet in area. i. The second story of an Accessory Dwelling Unit shall not exceed the floor area of the first story. c. Maximum Building Height. The Accessory Dwelling Unit shall not exceed two stories or 24 feet in height. d. Exterior Features. First-story roof decks, landings, upper level walkways, and balconies shall not exceed an aggregate 35 square feet in area and shall not be located on the side elevation closest to DocuSign Envelope ID: 8D84DC78-E2DD-4061-B37A-5B248566841F 46 a side parcel line or on the rear elevation; and shall have the same minimum side setback requirement as the principal building on the parcel, but in no case less than 5 feet; and shall be set back a minimum 5 feet from the rear parcel line. Roof decks above the second-story are prohibited. G. Design Standards. The exterior design of the Accessory Dwelling Unit, including building forms, materials, colors, exterior finishes, and landscaping, shall be compatible with the primary Single-Unit Dwelling. 1. The Accessory Dwelling Unit shall be clearly subordinate to the main dwelling unit on the parcel in terms of size, location, and appearance. 2. The entrance to the Accessory Dwelling Unit shall not be on the front or street side setback unless it is a shared entrance with the primary unit. H. Parking. 1. Required Parking. One on-site parking space, which may be unenclosed, shall be provided for the Accessory Dwelling Unit. This space shall comply with all development standards set forth in Chapter 9.28, Parking, Loading, and Circulation, and the requirements for the District. A tandem parking space may also be used to meet the parking requirement for the Accessory Dwelling Unit and may be provided on an existing driveway. Required parking for the primary Single-Unit Dwelling may not be removed for the creation of an Accessory Dwelling Unit or allocated to meet the parking requirement for the Accessory Dwelling Unit unless replacement parking is provided in accord with this Article. DocuSign Envelope ID: 8D84DC78-E2DD-4061-B37A-5B248566841F 47 2. Exemptions. Notwithstanding any other parking required by this Section or Chapter 9.28 of this Article, no parking spaces shall be required for an Accessory Dwelling Unit in any of the following instances: a. The Accessory Dwelling Unit is located within one-half mile of public transit; b. The Accessory Dwelling Unit is an individually designated historic resource or is located within an architecturally and historically significant historic district; c. The Accessory Dwelling Unit is part of the existing primary residence or an existing accessory structure; d. When on-street parking permits are required but not offered to the occupant of the Accessory Dwelling Unit; or e. When there is a car share vehicle located within one block of the Accessory Dwelling Unit. I. Owner Occupancy, Rental, and Sale Limitations. Either the primary Single- Unit Dwelling or the Accessory Dwelling Unit shall be owner-occupied. Either unit may be rented, but both may not be rented at the same time. An Accessory Dwelling Unit shall not be offered for sale separately from the primary dwelling unit. The primary Single-Unit Dwelling or the Accessory Dwelling Unit shall only be offered for residential occupancy for more than 30 days. SECTION 11. Any provision of the Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such DocuSign Envelope ID: 8D84DC78-E2DD-4061-B37A-5B248566841F 48 inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 12. 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 passe d this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 13. 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. Notwithstanding its effective date, the provisions of this Ordinance shall apply to any application for a planning entitlement, building permit, including plan check, submitted on or after January 1, 2020. APPROVED AS TO FORM: _______________________ LANE DILG City Attorney DocuSign Envelope ID: 8D84DC78-E2DD-4061-B37A-5B248566841F Approved and adopted this 12th day of November, 2019. _____________________________ G l e a m D a v i s , M a y o r State of California ) County of Los Angeles ) ss. City of Santa Monica ) I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2624 (CCS) had its introduction on October 22, 2019 and was adopted at the Santa Monica City Council meeting held on November 12, 2019, by the following vote: AYES: Councilmembers Morena, McKeown, Himmelrich, Winterer, Jara, Mayor Pro Tem O’Day, Mayor Davis NOES: None ABSENT: None ATTEST: _____________________________________ _________________ Denise Anderson-Warren, City Clerk Date A summary of Ordinance No. 2624 (CCS) was duly published pursuant to California Government Code Section 40806. DocuSign Envelope ID: 8D84DC78-E2DD-4061-B37A-5B248566841F 11/21/2019