O2042
f:\atty\muni\laws\barry\2002nwextendord2-1 . wpd
City Council Meeting 4-9-02
Santa Monica, California
ORDINANCE NUMBER 2042 (CCS)
(City Council Series)
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA EXTENDING THE MODIFICATIONS TO DEVELOPMENT
STANDARDS AND BUILDING HEIGHT PROJECTIONS FOR: PROJECTS
DEVELOPED WITHIN THE R2 LOW DENSITY MULTIPLE FAMILY
RESIDENTIAL, R3 MEDIUM DENSITY MULTIPLE FAMILY
RESIDENTIAL AND R4 HIGH DENSITY MULTIPLE FAMILY RESIDENTIAL
DISTRICTS AND TO THE REQUIREMENTS FOR DEMOLITION PERMITS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
Section 1. Findings and Purpose. The City Council finds and declares:
(a) On May 25, 1999, the City Council adopted a moratorium on multi-family
development in the City's multi-family districts in response to dramatic changes in state
law, a substantial increase in the rate of development, and an unprecedented loss of
affordable housing.
(b) The specific factors compelling the moratorium adoption were detailed in
Ordinance Number 1944 (CCS) and Ordinance Number 1947 (CCS) and included the
following: the unprecedented increase in economic activity in which land values have
skyrocketed and the rate of multi-family construction tripled, the detrimental consequences
of this construction rate which impacted the City as a whole and the daily lives of residents
who had to cope with the noise and interference caused by construction, the significant
shift in the City's demographics occurring due to the vast majority of new, privately-built
units only being affordable to upper income individuals, the adoption of the Costa-Hawkins
Rental Housing Act of 1995 which has severely weakened local rent control and resulted
in a dramatic reduction in the City's affordable housing stock, and the threat posed by
these dramatic changes to the existing character ofthe City's neighborhoods and its unique
natural environment.
(c) The City Council adopted this moratorium to provide the City sufficient time to
evaluate the effects of this high rate of development and to develop appropriate
requirements and programs to preserve the City's character, diversity, and quality of life
in this period of drastic change.
(d) The moratorium was extended twice and expired on May 17, 2000,
(e) In adopting the moratorium, the City Council directed staff, in part, to evaluate
the rate and nature of construction in multi-family neighborhoods and assess appropriate
responses.
(f) As detailed herein, and in Ordinance Number 1971 (CCS) and Ordinance
Number 1977 (CCS), these interim ordinances were prepared in response to this
evaluation.
(g) Due to the strong local and regional economy, the demand for housing in the
City has increased dramatically in recent years. In 1999, development activity in the multi-
family districts of the City showed a 246% increase over 1997/1998 and a 533% increase
over 1996. Despite the recent national downturn in the economy, the City's housing
production continues to be substantial.
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(h) In addition to housing production, real estate values in the City have also
continued to skyrocket. While home prices fall significantly over the middle 1990's, by the
Year 2000, they had regained much of their value, with the median price condominium
approaching $500,000.00 in certain areas of the City. The ascent of housing prices
continues unabated,
(i) A significant amount of the City's residential housing stock was built prior to the
1960's. Parcels developed with older structures tend to be developed at heights and
massing that are less than what is currently allowed by zoning. Given current economic
conditions, there are significant incentives for this older housing to be redeveloped with
housing built to the maximum authorized development standards The redevelopment of
these currently underdeveloped properties at greater height and mass would result in the
loss of views, light, and open space and could pose a threat to the existing character of
neighborhoods and the City's unique natural environment.
U) Maintaining the unique character of Santa Monica's neighborhoods is important
for many reasons. City residents value their neighborhoods. The preservation of
neighborhoods promote a sense of belonging and loyalty from residents. It provides
residents with quiet enjoyment in their homes and a community which exists on a
pedestrian friendly scale. Design and development standards which are sensitive to
existing neighborhood conditions can further environmental and social goals
(k) The demand for housing has also threatened the character of existing
neighborhoods through the proposed demolition of structures, including bungalow style and
courtyard style housing developments, which have potential historic or architectural
significance.
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(I) The potential for larger scale development in the R2 Low Density Multiple
Family Residential, R3 Medium Density Multiple Family and R4 High Density Multiple
Familydistricts under the current development and height projection standards contained
in the Zoning Ordinance poses a current and immediate threat to the public health, safety
and welfare of the nearby residents and the approval of permits for such development has
the potential to be incompatible with the scale and character of existing neighborhoods and
would result in a threat to the public health, safety and welfare.
The requirements for demolition permits contained in the Zoning Ordinance
pose a current and immediate threat to the public health, safety and welfare of the nearby
residents in that the character of existing neighborhoods can be permanently impacted as
potentially historic and/or architecturally significant buildings which are less than 50 years
old are demolished,
For the reasons stated above, the Zoning Ordinance requires review and
revision as it pertains to the appropriate development standards in the R2 Low Density
Multiple Family Residential, R3 Medium Density Multiple Family Residential and R4 High
Density Multiple Family Residential Districts and to the review requirements for the
issuance of demolition permits for older structu res. For the reasons described above, the
City Council finds that the potential for development of housing in the City's multi-family
residential zones under the standards established in the Zoning Ordinance prior to the
comprehensive review of the City's housing and land use policies and regulations presents
a current and immediate threat to the public peace, health, safety, and welfare. If urgent
action is nottaken, irreversible development activity would occurthereby committing scarce
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land resources to development that may not be in the best interests of the residents of the
City.
(0) Pending completion of this review and revision, in order to protect the public
health, safety and welfare, it is necessary on an interim basis to change the current
development and projection standards within the R2 Low Density Multiple residential, R3
Medium Density Multiple Family Residential and R4 High Density Multiple Family
Residential Districts in the following manner: reduce allowable building height with an
incentive for pitched roofs; reduce building mass by requiring additional setbacks from the
minimum required setback lines, require outdoor private open space for all units, require
additional landscaping, and provide greater building articulation by requiring more
separation in plane along the side building facades. The interim development standards
are necessary to ensure that the character of the City's multi-family neighborhoods is not
irreversibly changed through incompatible and insensitive development. These standards
are designed to protect the existing neighborhood character and to ensure that new
development integrates and is compatible with the surrounding residential area. The
proposed standards will change lot development patterns, reduce building height and bulk,
provide open space and landscaping, let more light enter between buildings, and reduce
building shadows on adjacent lots. These standards will result in new development which
is much more in scale and character with existing housing in the multi-family
neighborhoods.
(p) In addition, pending completion of this review and revision, in order to protect
the public health, safety and welfare, it is necessary on an interim basis to change the
current the requirements for the issuance of demolition permits in the following manner:
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require Landmarks Commission review of any proposed demolition of a structure which is
40 years of age or older in order to assess whether demolition would result in the removal
of a potentially historic and/or architecturally significant building, adversely affecting the
character of existing neighborhoods in the City.
(q) In light of the above-mentioned concerns, the City Council adopted Ordinance
Number 1971 (CCS) on May 2,2000 modifying the development standards in the Zoning
Ordinance. The City Council extended Ordinance Number 1971 (CCS) on June 13,2000
through the adoption of Ordinance Number 1977 (CCS). However" that ordinance will
expire on June 13, 2002.
(r) As described above, the City Council finds that another interim ordinance is
necessary because the development of multi-family housing in the R2, R3 and R4 zoning
districts under existing standards and the demolition of potentially historic and/or
architecturally significant buildings less than 50 years old without Landmark Commission
review constitutes a current and immediate threat to the public safety, health and welfare.
Approval of additional development inconsistent with the proposed interim standards would
result in a threat to the public health, safety or welfare. Consequently, this ordinance
extends the provisions of Ordinance Number 1971 (CCS) and Ordinance Number 1977
(CCS) up to and including June 13, 2004, establishing on an interim basis the following
standards for the R2, R3 and R4 zoning districts and requirements for approval of
demolition permits. This extension will allows sufficient time for staff to work with the
Planning Commission, development community, property owners and residents to evaluate
the effectiveness of the interim standards and propose permanent development standards
for the Council consideration
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SECTION 2. Interim Zoning.
(a) All property in the R2, R3 and R4 zoning districts shall be developed in
accordance with the development standards for each zoning district specified in the Santa
Monica Zoning Ordinance except as these standards have been modified as follows:
(1) R2 Maximum Building Height. Two stories not to exceed twenty-three feet for
a flat roof, and thirty feet for a pitched roof, except that there shall be no limitation on the
number of stories of any affordable housing project, as long as allowed building height is
not exceeded. 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 exterior walls of the
building may not exceed the maximum height for a flat roof except that portion of the wall
within a roof gable.
(2) R3 Maximum Building Height. Three stories, not to exceed thirty-five feet for
a flat roof or forty feet for a pitched roof, except that there shall be no limitation on the
number of stories of any affordable housing project, as long as allowE:ld building height is
not exceeded. 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 exterior walls of the
building may not exceed the maximum height for a flat roof except that portion of the wall
within the roof gable,
(3) R4 Maximum Building Height. Four stories, not to exceed forty feet for a flat
roof or forty-five feet for a pitched roof, except that there shall be no limitation on the
number of stories of any affordable housing project, as long as allowl:ld building height is
not exceeded. A pitched roof is defined as a roof with at least two sides having no less
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than one foot of vertical rise for every three feet of horizontal run. ThH exterior walls of the
building may not exceed the maximum height for a flat roof except that portion of the wall
within the roof gable.
(4) Front Yard Setback. Twenty feet, or as shown on the Official Djstricting Map,
whichever is greater. At least twenty-four percent of the front elevation from the grade level
up to fourteen feet in height shall provide an additional five-foot average setback, and thirty
percent ofthe front elevation above fifteen feet in height shall provide an additional ten-foot
average setback from the minimum front yard setback,
(5) 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 fe,et:
5' + (stories x lot width)
50'
In the R2, R3 and R4 zoning districts, no more than fifty percent of the side building
facade between three feet and thirteen feet above grade may be at the same parallel
plane. A minimum separation of at least two feet is required between parallel planes. A
building fa<;ade is defined as the exterior wall of the building. Compliance with this
requirement shall be demonstrated by a lineal measurement of the side building fa<;ade.
In the R2, R3 and R4 zoning districts, between thirteen and thirty feet above grade,
no more than fifty percent of the side building fa<;ade may be at the same parallel plane.
A minimum separation of at least two feet is required between parallel planes. Compliance
with this requirement shall be demonstrated by a lineal measurement of the side building
fa<;ade. Portions of the building fa<;ade between thirteen feet and thirty feet above grade
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shall provide an additional four-foot average setback from the required minimum side yard
setback. A building fa<(ade is defined as the exterior wall of the building. Compliance with
this requirement shall be demonstrated by a volumetric measure. Setback area adjacent
to a rooftop projection (i.e. mechanical equipment rooms, stairways and elevator shafts,
and other building projections permitted pursuant to Santa Monica Municipal Code Section
9.04.10.02.180) or other non-habitable area shall not count toward the additional stepback
requirement. The area between twenty-three feet and thirty feet in height above a pitched
roof shall not be considered for calculation of required separation in plane or additional
setback area.
In the R3 district, no more than fifty percent of the side building facade between
thirty feet and forty feet above grade may be at the same parallel plane. A minimum
separation of at least two feet is required between parallel planes. Compliance with this
requirement shall be demonstrated by a lineal measurement of the side building fa<(ade,
Portions ofthe building fa<(ade between thirty feet and forty feet in height above grade shall
provide an additional eight-foot average setback from the required minimum side yard
setback. A building fa<(ade is defined as the exterior wall of the building. Compliance with
this requirement shall be demonstrated by a volumetric measure. Setback area adjacent
to a rooftop projection (i.e. mechanical equipment rooms, stairways and elevator shafts,
and other building projections permitted pursuant to Santa Monica Municipal Code Section
9.04.10.02.180) or other non-habitable area shall not count toward the additional stepback
requirement. The area between thirty-five feet and forty feet in height above a pitched roof
shall not be considered for calculation of required separation in plane or additional setback
area
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In the R4 district, no more than fifty percent of the side building facade between
thirty feet and forty-five feet above grade may be at the same parallel plane. A minimum
separation of at least two feet is required between parallel planes. Compliance with this
requirement shall be demonstrated by a lineal measurement of the side building fayade.
Portions of the building fayade between thirty feet and forty-five feet in height above grade
shall provide an additional eight-foot average setback from the required minimum side yard
setback. A building fayade is defined as the exterior wall of the building. Compliance with
this requirement shall be demonstrated by a volumetric measure. Setback area adjacent
to a rooftop projection (Le. mechanical equipment rooms, stairways and elevator shafts,
and other building projections permitted pursuant to Santa Monica Municipal Code Section
9.04.10.02.180) or other non-habitable area shall not count toward the additional stepback
requirement. The area between forty and forty-five feet in height above a pitched roof shall
not be considered for calculation of required separation in plane or additional setback area.
(6) Usable Private Open Space. All units shall have the following minimum
amounts of usable private space per unit: one hundred square feet for projects with four
or five units, and fifty square feet for projects of six units or more. Private open space shall
include a deck, yard, patio or combination thereof which is adjacent to, accessible from,
and at the same or approximate elevation as the primary space,
(7) Maximum Unit Density. Density shall be the same as the existing standards for
each zoning district specified in the Santa Monica Zoning Ordinance subject to the
following exceptions:
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!A With reg;;mJl afForda["l.I~ hr"iusing projects in which hLJnljred percel ofth
pmposed its are deed-restricted rorve,rylnw or moderate ncome... th~ dellsity may he
on ciwerling unit fo every ine htmdmrl squ re feet If parcel rea: in th R3, DIstrict and
ne d' fnr every twelve hi ndrp!rl fifty square feet in the R2 District
The density
P8iC81s consolidated after the effer.:tivEl rj
If this Ord nee
with total ~f1HA re foobaqe reater tl1 fiftp.p.n thoiJsa nd c;tjIJ rlire feet
exceedinQ
ry')mhi en str8et frontage of one hi ndred feet sh.s.1l be one dwell ng unit for every mte~r
hundred SQuare reet R3 District. and ne dweWng fer p.v~ry two thousand sq
feet in th R? District
(8)Required l.andscaping. All property ha be.developed aGcQrdancewi'th trH~
same standard thnse required Santa Monica MI icipal Cod Part .1 04
each zoning istrld, ncluding following
(A A mi mu m of finy percent of nnth req ired ~f-rlp. yard setbacks hal be
nd!';c:i=lped
(8 Ami imum .f!wo lwenty-four-irH''':h box tress .~h;::'j!1 be. planted in the front yard
set.back.
(9)COflstf'l..tctkm Management Plan. AI projects r.f'Jsting hurH1red thousand
doH.an; or more shale be requ ired to provid construction managernent site la th(~
fdrrn manner req red by th~ Pia ning CornrniSF::lnn
Building Height and E)l:ception: to Height Li it.
A) Thl maximurr ;:::J1.lnw::ihle h~ight sha III be measured vertl'::allyfrom tile ave-rag
atural gr:3de elevation to the highest point of the met,
(8 The fflllowjn~l
zoning distdcts
1 Ve(lts" Sita(':k~; dl.Jds: skylights and ste9p~HS providf'!rl such projections do not
e::-::tenrl more than five above the p>8irmittF:!di height in the Distr~ct
legally r8q~ J ired paraf)flts fire separati()rt wadis and ope work saf~fv guard ratls
that do m)t ex(':eed fort'l-two nches in height
levator hafts sta Mall encJO!';lI..Jr8'3 bov~ tlla rootl~ne if:
be permlHed tn exceed the height imit the R2, R3. and IR.1
The enclosure is u~:mrl exclusively fm hnw:;illlQ the ele...tator or stairs.
b. rhe elevator is remJin'!d to pmvide. acc,cms;ibrlity far the disabled and eil'lV8tm
haft nd larger tha ,necess~ry to pmvidl adeq]lJFlte access fa. tn repa i and
maintenance of the ele\/etor as deterrnlrled by the, B ikHng Offic.sr
The, sta:iIVJAll el1closure is no larger th four feet by fou ffH"lt in dimension and
doef:; not exceed ten height hove the roofline un~ess parapet is r~'1[J red in which
case th ndo~ure shalll not exceed twelve, feel: in height abo'~ the mofline
d, fh€t rea of III encllosures arn:i oth~r structures identmed in 2( '10' 'B
that. extend ho'J~ the roofline shall not. exceed tVi/enty-flve oercent thf'l roof
4, MBtchanic:31 equ pment may be, above th moflin if itis sr:rf'lf!nl~rl in conf'JrtTI.;\nice
wittl Santa Monic8! Mi idr;::l! Code Section 9,04 0.02, 40 A mechanical room enclOSlJrf~
~bove the roofline shall not a~lovi/ed unless variance has belEln obtai ed pursu Int to
Santr:! t,J1nnica Mi icipal Code S~dil'Jfl 9,04.20. 0.050 but. in no case shall the 8rlr:liosure
tvve~ve feet in height bove the height perrnittedin the district
r;:;(';n'3~ming requirer! pursuant to the .ro'.risions of Santa Monica MLmicioa
Code Section 9.04 0.02.140 of t.a ks 'iF3ntilatinq fans Or other rnechanical equiprnent
required to operate and maintain the building provided the total area enclosed by all
screening does not exceed thirty percent of the roof area.
6. Chimneys may extend no more than five feet above the permitted height in the
district;
7. 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 of the Santa Monica Municipal Code.
(b) No demolition of buildings and structures shall be permitted except when all
of the following conditions have been met:
(1) A removal permit has been granted by the Rent Control Board, when required.
(2) For residential buildings and structures, the final permit to commence
construction for a replacement project has been issued, or the building or structure is
exempt from this requirement pursuant to subsection (c) below.
(3) A property maintenance plan has been approved in writing by the Director of
Planning and the Building Officer. The Architectural Review Board shall adopt and the
Planning Commission shall approve guidelines and standards for property maintenance
plans pursuant to Santa Monica Municipal Code Section 9.32.040.
(4) If the original permit for the building or structure was issued more than forty
years before the date of filing of the demolition permit application, the requirements of
subsection (e) are satisfied.
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(c) The following buildings and structures are exempt from the requirements of
subsection (b )(2):
(1) Single-family dwellings which are located in the R1 District, any Commercial
District, or any Industrial District and which are not controlled rental units under the Rent
Control Law.
(2) Buildings or structures which the Director of Planning and the Building Officer
have determined to be a public nuisance.
(3) Buildings and structures which were damaged by the January 17, 1994
Northridge Earthquake or its aftershocks, and which were yellow- or red-tagged by the City.
(d) Prior to filing an application for a demolition permit, a notice of intent to demolish
must be prominently posted on the property. Such notice shall be in a form approved by
the City.
(e) In addition to any other requirements imposed by this Section, no demolition of
buildings or structures, the original permit for which was issued more than forty years
before the date of filing of the demolition permit application, shall be permitted unless the
following requirements have been met:
(1) Within seven days of receipt of all filing materials for a demolition permit for such
structures, the City shall transmit a copy of such application to each member of the
Landmarks Commission. Filing materials shall consist of a completed application form, site
plan, eight copies of a photograph of the building and photo verification that the property
has been posted with a notice of intent to demolish.
(2) If no application for the designation of a structure of merit, a landmark or a
historic district is filed in accordance with Santa Monica Municipal Code Sections 9.36.090,
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9.36.120 or9.36.130 within sixty days from receipt of a complete application for demolition,
demolition may be approved subject to compliance with all other legal requirements,
including this Section.
(3) If an application for structure of merit designation is filed in accordance with
Santa Monica Municipal Code Section 9.36.090(a) within sixty days from receipt of a
complete application for demolition, no demolition permit may be issued until after a final
determination is made by the Landmarks Commission, or the City Council on appeal, on
the structure of merit designation application. The structure of merit application shall be
processed in accordance with the procedures set forth in Santa Monica Municipal Code
Section 9.36.090,
(4) If an application for landmark designation is filed in accordance with Santa
Monica Municipal Code Section 9.36.120(a) within sixty days from receipt of a complete
application for demolition, no demolition permit may be issued until after a final
determination is made by the Landmarks Commission, or the City Council on appeal, on
the application for landmark designation. The landmarks application shall be processed in
accordance with the procedures set forth in Santa Monica Municipal Code Section
9.36.120.
(5) If an application for historic district designation is filed in accordance with Santa
Monica Municipal Code Section 9.36.130(a) within sixty days from receipt of a complete
application for demolition, no demolition permit may be issued until after a final
determination is made by the Landmarks Commission, or the City Council on appeal, on
the application for historic district designation, The historic district application shall be
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processed in accordance with the procedures set forth in Santa Monica Municipal Code
Section 9.36.130.
SECTION 3. This Ordinance shall apply to any application for development projects
deemed complete on or after May 2, 2000,
SECTION 4. This ordinance shall be of no further force or effect after June 13,
2004, unless prior to that date, after a public hearing, noticed pursuant to Santa Monica
Municipal Code Section 9.04.20.22.050, the City Council, by majority vote, extends this
interim ordinance.
SECTION 5. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary to
affect the provisions of this Ordinance.
SECTION 6. 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 ofthis Ordinance. The City Council hereby declares that it would have passed this
Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
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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 thirty
days after its adoption.
APPROVED AS TO FORM:
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Adopted and approved this 9th day of April, 2002...........,...'......... '.~_.. . /"
/)/
~~/(/(l. ~ </~ .
/./ I
Michael Fei'nsteih, ~yor
,I
State of California )
County of Los Angeles 1 ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2042 (CCS) had it's introduction on March 26, 2002, and was
adopted at the Santa Monica City Council meeting on April 9, 2002, by th~ following
vote:
Council members:
Holbrook, O'Connor, Bloom, Genser, Katz,
Mayor Pro Tem McKeown, Mayor Feinsein
Council members:
None
Abstain: Council members:
None
Absent: Council members: None
ATTEST:
a..J-