O2123
f:\atty\muni\laws\barry\04T A-003.2-1.wpd
City Council Meeting 5-11-04 Santa Monica, California
ORDINANCE NUMBER 2123 (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 MUL TIPLE FAMILY
RESIDENTIAL, R3 MEDIUM DENSITY MULTIPLE FAMILY
RESIDENTIAL AND R4 HIGH DENSITY MULTIPLE FAMILY RESIDENTIAL
DISTRICTS AND TO THE REQUIREMENTS FOR DEMOLITION PERMITS
AND DECLARING THE PRESENCE OF AN EMERGENCY
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 characterofthe 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), Ordinance Number
1977 (CCS), and Ordinance Number 2042(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 promotes 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
Family districts 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.
(m) 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.
(n) 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 structures. 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 not taken, irreversible development activity will occur, thereby 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 betwHen 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 197'1 (CCS) on June 13,2000
through the adoption of Ordinance Number 1977 (CCS) and on April 9, 2002 through the
adoption of Ordinance Number 2042 (CCS). However, that ordinance will expire on June
13, 2004.
(r) On November 5,2003, the Planning Commission and the Architectural Review
Board held ajoint meeting to review proposed revised development standards forthe City's
R2, R3, and R4 zoning districts.
(s) On March 3, 2004, the Planning Commission held a public hearing to adopt a
Resolution of Intention which stated the Commission's intention to recommend modification
of the City's Zoning Ordinance to the City Council.
(t) On March 17, 2004, the Planning Commission held a public hearing on the
proposed text amendment and recommended that the City Council approve the proposed
text amendment with certain specified modifications.
(u) On April 13, 2004, the City Council reviewed and considered an ordinance that
would modify development standards, design standards, and review procedures in the R2
R3, and R4 zoning districts, but continued discussion of this matter to May 11, 2004
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These new provisions will not be effective prior to the expiration of the current interim
ordinance. Due to these circumstances, the current interim ordinance must be extended.
(v) 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), Ordinance Number 1977 (CCS),
and Ordinance Number 2042 (CCS) up to and including August: 30,2004, establishing on
an interim basis the following standards for the R2, R3 and R4 zoning districts and
requirements for approval of demolition permits.
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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 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 ru n. 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 allowed 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. 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.
(4) Front Yard Setback. Twenty feet, or as shown on the Official Districting 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 of the 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 feet:
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 fac;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 fac;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 fac;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
fac;ade. Portions of the building fac;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 of the 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 fac;ade.
Portions of the building fac;ade 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 fac;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 (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 add itional 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 regard to affordable housing projects in which one hundred percent of the
proposed units are deed-restricted for very low or moderate income, the density may be
one dwelling unit for every nine hundred square feet of parcel area in the R3 District and
one dwelling unit for every twelve hundred fifty square feet in the R2 District.
(B) The density on parcels consolidated after the effective date of this Ordinance
with a total square footage greater than fifteen thousand square feet or exceeding a
combined street frontage of one hundred feet shall be one dWl311ing unit for every fifteen
hundred square feet in the R3 District, and one dwelling unit for every two thousand square
feet in the R2 District.
(8) Required Landscaping. All property shall be developed in accordance with the
same standards as those required in Santa Monica Municipal Code Part 9.04.10.04 for
each zoning district, including the following:
(A) A minimum of fifty percent of both required side yard setbacks shall be
landscaped.
(B) A minimum of two twenty-four-inch box tress shall b43 planted in the front yard
setback.
(9) Construction Management Plan. All projects costing one hundred thousand
dollars or more, shall be required to provide a construction management site plan in the
form and manner required by the Planning Commission.
(10) Building Height and Exceptions to Height Limit.
(A) The maximum allowable height shall be measured vertically from the average
natural grade elevation to the highest point of the roof.
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(B) The following shall be permitted to exceed the height limit in the R2, R3, and R4
zoning districts:
1. Vents, stacks, ducts, skylights and steeples provided such projections do not
extend more than five feet above the permitted height in the District.
2. Legally required parapets, fire separation walls, and open work safety guard rails
that do not exceed forty-two inches in height.
3. Elevator shafts or stairwell enclosures above the roofline if:
a The enclosure is used exclusively for housing the elevator or stairs.
b. The elevator is required to provide accessibility for the disabled and the elevator
shaft is no larger than necessary to provide adequate access for the repair and
maintenance of the elevator as determined by the Building Officer.
c. The stairwell enclosure is no larger than four feet by four feet in dimension and
does not exceed ten feet in height above the roofline, unless a parapet is required, in which
case the enclosure shall not exceed twelve feet in height abovl9 the roofline.
d. The area of all enclosures and other structures identified in Section 2(a)(1 0)(B)1
that extend above the roofline shall not exceed twenty-five percent of the roof area.
4. Mechanical equipment may be above the roofline if it is screened in conformance
with Santa Monica Municipal Code Section 9.04.1 0.02.140. A mechanical room enclosure
above the roofline shall not be allowed unless a variance has been obtained pursuant to
Santa Monica Municipal Code Section 9.04.20.10.050, but in no case shall the enclosure
exceed twelve feet in height above the height permitted in the district.
5. The screening required pursuant to the provisions of Santa Monica Municipal
Code Section 9.04.10.02.140 of tanks, ventilating fans, or other mechanical equipment
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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 or 9.36.130 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 August 30,
2004.
SECTION 5. This ordinance is declared to be an urgency measure adopted
pursuant to the provisions of Section 9.04.20.16.060 of the Santa Monica Municipal Code
and Section 615 of the Santa Monica City Charter. As set forth in the findings above, this
ordinance is necessary for preserving the public peace, health, safety, and welfare. As an
urgency measure, this ordinance is effective immediately upon adoption.
SECTION 6. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary to
affect the provisions of this Ordinance.
SECTION 7. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remaining
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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.
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 upon
its adoption.
APPROVED AS TO FORM:
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Approved and adopted this 11 th day of May, 2004.
~
$C8IIromi81
..., of Los Mg118. ) ss.
CitY oflSantaMonica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2123 (CCS) had it's introduction and adoption at the Santa
Monica City Council meeting held on May 11, 2004, by the following vote:
Ayes: Council members: Mayor Bloom, Mayor Pro Tern McKeown, O'Connor,
Katz, Feinstein, Genser
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: Holbrook
ATTEST:
~ .luv:~.~
Maria M. Stewart, City <tlerk
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