O2066
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City Council Meeting 2-25-03 Santa Monica, California
ORDINANCE NUMBER 2066 (CCS)
(City Council Series)
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA MODIFYING THE DEVELOPMENT STANDARDS
FOR PARCELS IN THE R-1 DISTRICTS LOCATED IN THE SUNSET
PARK AND NORTH OF WILSHIRE NEIGHBORHOODS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1 Findinas and Purpose. The City Council finds and declares
(a) The R1 Single Family area of the City bounded by Lincoln Boulevard to the west,
Pico Boulevard to the north, and the City boundaries to the east and south, commonly
referred to as the Sunset Park Neighborhood and the area of the City bounded by Montana
Avenue to the north, 22nd Street to the west, Wilshire Boulevard to the south, and the City
boundary to the east, commonly referred to as the North of Wilshire Neighborhood contain
a mix of modest, older, single story and two story homes.
(b) The development standards established by the City's Zoning Ordinance
authorize the construction of housing dramatically different from the existing scale and
character of these neighborhoods thereby significantly impacting existing residences in
terms of access to light and air, privacy, and the overall amount of open space.
(c) Within the past several years, real estate values in the Sunset Park and North
of Wilshire neighborhoods have risen dramatically.
(d) At the same time, and continuing into the present, interest rates have been very
low.
(e) These economic realities have fueled an active real estate market in which
buyers seek to acquire property in the Sunset Park and North of Wilshire neighborhoods
with the intent of demolishing existing homes and building new residences.
(f) Overthe last five years, the Sunset Park neighborhood has seen redevelopment
of 16 parcels and the North of Wilshire neighborhood has experienced redevelopment of
15 parcels.
(g) If new houses are developed to the maximum size authorized by current zoning,
they could reach approximately 5,000 square feet in size. These structures could also
contain lofts and mezzanines between the first and second floors and between the second
floor and the roof which would create the appearance of a three story structure. Because
of the combined height and massing of these houses, they would tower over and dwarf the
existing adjacent houses and would be wholly at odds with the existing scale and character
of the neighborhood. These homes could be built without any discretionary review.
(h) The full build-out of these lots would substantially reduce the overall amount of
open space in the neighborhood and have a significant detrimental impact on adjacent
neighbors' access to light, air, and privacy.
(i) If current development standards are permitted to continue, housing could be
developed which would severely impact existing residences, would be incompatible with
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the existing neighborhood's scale and character, and would be contrary to the
neighborhood's historic development pattern.
U) The potential for development under the currently specified standards poses a
current and immediate threat to the public health, safety, and welfare of the residents, and
the approval of permits for such development would result in a threat to the public health
safety, and welfare.
(k) Forthe reasons stated above, the Zoning Ordinance requires review and revision
as it pertains to the appropriate development standards in the R1 Districts in the Sunset
Park and North of Wilshire neighborhoods.
(I) 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 current develop
standards to ensure that adequate light, air, privacy, and open space is provided for each
dwelling, that the construction is compatible with the Sunset Park and North of Wilshire
neighborhoods, and that the character of the neighborhoods are not irreversibly damaged.
(m) As described above, there exists a current and immediate threat to the public
safety, health, and welfare should the interim ordinance not be adopted and should
development inconsistent with the contemplated revisions to the development standards
to the R1 districts in the Sunset Park and North of Wilshire neighborhoods be allowed to
occur. Approval of additional development inconsistent with the following proposed interim
standards would result in a threat to public health, safety, or welfare. Therefore it is
necessary to establish on an interim basis the following development standards for the R1
districts in the Sunset Park and North of Wilshire neighborhoods:
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SECTION 2. Interim Zoning
City staff is directed to disapprove all building permit applications filed after February
24,2003 for any residential development in the R1 Districts located in the Sunset Park and
North of Wilshire Neighborhoods, as delineated in subsection (a) of Section 1 of this
Ordinance, unless the project complies with the following development standard:
Permitted Uses. The following uses shall be permitted in the R1 District
unless these uses would be located on parcels with a grade differential of
12.5 feet or more:
(a) Hospice facilities;
(b) One single-family dwelling per parcel placed on a
permanent foundation (including manufactured housing);
(c) One-story accessory bu ild ings and structu res up to fourteen
feet in height;
(d) One-story accessory buildings over fourteen feet in height
to a maximum height of twenty-eight feet, or two-story
accessory buildings up to a maximum height of twenty-eight
feet, if such buildings conform to the required setbacks and
stepbacks for the principal building and with the development
standards set forth in Santa Monica Municipal Code Section
9.04. 14.11 0;
(e) Public parks and playgrounds;
(f) Small family day care homes;
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(g) State authorized, licensed, or certified uses to the extent
required to be permitted by State Law;
(h) Yard sales, limited to two per calendar year, for a maximum
of two days each;
(i) Domestic violence shelter.
2. Uses Subject to Performance Standards Permit. The following uses may
be permitted in the R1 District subject to the approval of a performance
standards permit:
(a) Large family day care homes;
(b) One-story accessory living quarters, up to fourteen feet in
height, on a parcel having a minimum area of ten thousand
square feet;
(c) Private tennis courts.
3, Uses Subject to Use Permit. The following uses may be permitted in the
R1 District subject to the approval of a use permit:
(a) Duplexes on a parcel having not less than six thousand
square feet of area, a side parcel line of which abuts or is
separated by an alley from any R2, R3 or R4 District;
(b) Second dwelling units subject to the requirements set forth
in Santa Monica Municipal Code Section 9.04.13.040;
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(c) Any use listed in Subsection 1 of this Section which would
be located on a parcel with a grade differential of 12.5 feet or
more.
4. Conditionally Permitted Uses. The following use may be permitted in the
R1 District subject to the approval of a conditional use permit:
(a) Schools.
5. Prohibited Uses.
(a) Boarding houses,
(b) Rooftop parking.
(c) Any uses not specifically authorized.
6. Property Development Standards. All property shall be developed in
accordance with the following standards:
(a) Maximum Building Height.
(1) Two stories, not to exceed twenty-eight feet, which includes
all building elements except chimneys and required vents;
(2) On lots of more than twenty thousand square feet with a
minimum front parcel line dimension of two hundred feet, the
height shall not exceed thirty-five feet for a pitched roof or
twenty-eight feet for other types of roofs.
(b) Maximum Unit Density. One dwelling unit per parcel,
except where a use permit has been approved authorizing a
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duplex or second dwelling unit pursuant to subsections 3(a) or
3(b) of this Section.
(c) Minimum Lot Size. Five thousand square feet. Each parcel
shall contain a minimum depth of one hundred feet and a
minimum width offiftyfeet. Any parcel existing on the effective
date of this Chapter shall not be subject to this requirement.
(d) Maximum Parcel Coverage. Thirty-five percent except
that parcels with only one-story structures not exceeding
eighteen feet in height may have a maximum parcel coverage
of fifty percent.
(e) Front Yard Setback. As shown on the Official Districting
Map of the City, or, if no setback is specified, twenty feet.
(f) Additional Front Stepback Above Fourteen Feet in
Height. For new structures or additions to existing structures,
any portion of the front building elevation above fourteen feet
exceeding seventy-five percent ofthe maximum buildable front
elevation shall be stepped back from the front setback line an
additional average amount equal to four percent of parcel
depth, but in no case resulting in a required stepback greater
than ten feet.
As used in this Chapter, "maximum buildable front elevation"
shall mean the maximum potential length. of the elevation
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permitted under these regulations, which includes parcel width
or length (as applicable), minus required minimum setback.
(g) Rear Yard Setback. Twenty-five feet.
(h) Additional Rear Stepback Above Fourteen Feet in
Height. For new structures or additions to existing structures,
any portion of the rear building elevation above fourteen feet
exceeding seventy-five percent of the maximum buildable rear
elevation shall be stepped back from the rear setback line an
additional average amount equal to four percent of parcel
depth, but in no case resulting in a required stepback greater
than ten feet.
(i) Side Yard Setback. Ten percent of the parcel width or a
minimum of three feet six inches, whichever is greater, but in
no case greater than fifteen feet. However, for structures over
eighteen feet in height, including all building elements except
chimneys and required vents, the required amount of setback
for both side yards combined as measured at any point on the
parcel, shall equal thirty percent of the parcel width but in no
case be greater than a total of forty-five feet. The minimum
setback for each side yard shall also be equal to ten percent
of the parcel width, or a minimum of three feet, six inches
whichever is greater.
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0) Additional Side Stepbacks Above Fourteen Feet in
Height. For new structures or additions to existing structures,
any portion of the side building elevation above fourteen feet
exceeding fifty percent of the maximum buildable side
elevation shall be stepped back from the side setback line an
additional one foot for every two feet four inches above
fourteen feet of building height to a maximum height of twenty-
one feet.
(k) Additional Side Stepback Above Twenty-One Feet in
Height. No portion of the building, except permitted
projections, shall intersect a plane commencing twenty-one
feet in height at the minimum sideyard setback and extending
at an angle of forty-five degrees from the vertical toward the
interior of the site.
(I) Front Yard Paving. No more than fifty percent of the
required front yard area including driveways shall be paved,
except that lots with a width of twenty-five feet or less may
have up to sixty percent of the required front yard area paved.
(m) Modifications to Stepbacks Above Fourteen Feet in
Height. The stepback requirements of subsections 6(f), 6(h),
60), and 6(k) of this Section may be modified subject to the
review and approval of the Architectural Review Board if the
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Board finds that the modification will not be detrimental to the
property, adjoining properties or the general area in which the
property is located, and the objectives of the stepback
requirements are satisfied by the provision of alternative
stepbacks or other building features which reduce effective
mass to a degree comparable, to the relevant standard
requirement.
(n) Driveways. No more than one driveway per parcel to a
public street shall be permitted on parcels less than one
hundred feet in width.
(0) Basements and Subterranean Garages. No basement or
subterranean garage shall extend into any required yard
setback area, except for any basement or garage located
beneath an accessory building which is otherwise permitted
within a yard area, if such basement, semi-subterranean or
subterranean garage is located at least five feet from any
property line.
(p) Access to Subterranean Garages and Basements.
(1) Up to a total of fifty square feet of area in the side and rear
yards may be utilized for lightwells or stairways to below-grade
areas of the main building and any accessory buildings.
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(2) No more than three feet of excavation below grade for a
driveway, stairway, doorway, lightwell, window or other such
element to a subterranean or semi-subterranean garage or
basement shall occur in the front yard setback area. This
requirement may be modified by the Architectural Review
Board for parcels with an elevation rise of five feet from the
front property line to a point fifty feet towards the interior of the
site if it finds that topographic conditions necessitate that such
excavation be permitted.
(q) Roof Decks. Roof decks shall be set back at least three
feet from the minimum sideyard setback. The height of any
railings or parapets associated with such roof decks may not
exceed the maximum allowable building height for the
structure.
(r) Second Floor Parcel Coverage. For parcels with a
maximum ground floor parcel coverage of 35 percent, the
maximum second floor parcel coverage, including the second
floor of all accessory buildings, shall not exceed 26 percent of
the parcel area. Second floor parcel coverage may be
increased up to a maximum of 30 percent of the parcel area if
the ground floor square footage is reduced an equivalent
amount. Conversely, the ground floor coverage may be
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increased to a maximum of 40 percent if an equivalent amount
is reduced on the second floor.
(s) Garage Doors. Garage doors facing the public street must
be set back a minimum of 5 feet from the front setback line
and may not exceed 16 feet in width unless located in the rear
35 feet of the parcel,
(t) One-story garage. 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.
7 Architectural Review. No building or structure shall be subject to
architectural review pursuant to the provisions of Chapter 9.32 of the Santa
Monica Municipal Code except:
(a) Properties installing roof or building-mounted parabolic
antennae (only with respect to the antennae and screening);
(b) Duplexes
(c) Any structure above fourteen feet in height that does not
conform to the required yard stepbacks for structures above
fourteen feet in height.
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(d) Any structure that does not conform to the limitations on
access to subterranean garages and basements.
Any applicant for a development subject to architectural review
under these provisions shall provide certification of notice to all
owners and commercial and residential tenants of property
within a radius of three hundred feet from the exterior
boundaries of the property involved in the application, not less
than ten days in advance of Architectural Review Board
consideration of the matter, which notice and certification
thereof shall be in a form satisfactory to the Zoning
Administrator. Any applicant for an ARB permit pursuant to
this Section who also is required to obtain a Use Permit
pursuant to Section 2, Number 2 of this Ordinance shall have
both permit applications reviewed concurrently by the Zoning
Ad ministrator.
8. Fifty percent addition. Parking shall be provided in accordance with the
provisions of Part 9.04.1 0.08 of the Santa Monica Municipal Code, Off Street
Parking Requirements, if the principal building on the parcel is substantially
remodeled or, if fifty percent or more additional square footage is added to
the principal building at anyone time, or incrementally, after September 8,
1988, provided the aggregate addition is five hundred square feet or more.
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SECTION 3. This ordinance shall be of no further force and effect forty-five (45)
days from the date of its adoption, 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 4. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary to
effect the provisions of this Ordinance.
SECTION 5. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed this
Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 6. 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
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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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ApprOved.. adOpted.... d8y, of Febru8Iy!2D03. ii, ~;i
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State of California )
County of Los Angeles) 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. 2066 (CCS) had it's introduction on January 28, 2003, and
was adopted at the Santa Monica City Council meeting held on February 25, 2003, by
the following vote:
Ayes: Council members: O'Connor, Holbrook, Mayor Pro Tem McKeown,
Feinstein, Mayor Bloom
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: Genser, Katz
ATTEST:
< ~, .~ .
Maria M. Stewart, Ci