O2156
f:\atty\muni\laws\barry\R1 sunset&NofW2005-1.wpd
City Council Meeting 3-22-05 Santa Monica, California
ORDINANCE NUMBER 2156 (CCS)
(City Council Series)
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA EXTENDING THE MODIFICATIONS TO THE DEVELOPMENT
STANDARDS FOR PARCELS IN THE R-1 DISTRICTS LOCATED
IN THE SUNSET PARK AND NORTH OF WILSHIRE NEIGHBORHOODS; 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) 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
tothe north, 22nd Streettothewest, Wilshire Boulevard tothe 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
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neighborhoods thereby significantly impacting existing residences in terms of access to light
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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, with year over year increases exceeding
twenty percent.
(d) Atthe same time, and continuing into the present, interest rates have remained 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) Over the past number of years, the Sunset Park neighborhood and the North of
Wilshire neighborhood have experienced supstantial redevelopment of homes.
(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 ofthe 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.
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(i) If current development standards are permitted to continue, housing could be
developed which would severely impact existing residences, would be incompatible with the
existing neighborhood's scale and character, and would be contrary to the neighborhood's
historic development pattern. If urgent action is not taken, irreversible development activity
would occur.
G) As detailed above, the potential for development under the currently specified
standards poses a current and immediate threat to the public health, safety, and welfare ofthe
residents, and the approval of permits for such development would result in a threat to the
public health, safety, and welfare.
(k) Forthese reasons, the Zoning Ordinance requires review and revision as it pertains
to the appropriate development standards in the R 1 Districts in the Sunset Park and North of
Wilshire neighborhoods.
(I) Pending completion of this review and revision, which will occuras part of the Land
Use Element/Zoning Ordinance update, in order to protect the public health, safety and
welfare, it is necessary on an interim basis to change current develop standards including,
setbacks, stepbacks, and parcel coverage, to ensure that adequate light, air, privacy, and
open space is provided for each dwelling, thatthe construction is compatible and integrates
with the Sunset Park and North of Wilshire neighborhoods, and that the character of the
neighborhoods are not irreversibly damaged.
(m) In light of the above-mentioned concerns, the City Council adopted Ordinance
Number2066 (CCS) modifying the development standards in the Sunset Park and North of
Wilshire neighborhoods on February 25, 2003, and extended its provisions by adopting
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Ordinance Number2067 (CCS) on March 11,2003. However, that ordinance will expire on
April 10, 2005, unless extended.
(n) As described above, the City Council finds that an extension of this interim
ordinance is necessary because 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. Consequently, this ordinance
extends Ordinance Numbers 2066 (CCS) and 2067 (CCS) up to and including August 31,
2005, establishing on an interim basis the following development standards forthe R 1 districts
in the Sunset Park and North of Wilshire neighborhoods. This extension will allow sufficient
time for a comprehensive planning process to revise these development standards on a
permanent basis in conjunction with the Land Use Element/Zoning Ordinance update.
SECTION 2. Interim Zoning
City staff is directed to disapprove all building permit applications filed after February
24, 2003, and all applications for variances or other discretionary approvals which are
deemed complete after February 24,2003, for any residential development in the R 1 Districts
located in the Sunset Park and North of Wilshire Neighborhoods, as delineated in subsection
(a) of Section 1 ofthis Ordinance, unless the project complies with the following development
standard:
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1. 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 and would be associated with a new building, substantial remodel,
or a 50% or greater square foot addition to an existing home:
(a) Hospice facilities;
(b) One single-family dwelling per parcel placed on a permanent
foundation (including manufactured housing);
(c) One-story accessory buildings and structures up to fourteen
feet in height;
(d) One-story accessory buildings overfourteen feet in heightto
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 forthe
principal building and with the development standards set forth
in Santa Monica Municipal Code Section 9.04.14.110;
(e) Public parks and playgrounds;
(f) Small family day care homes;
(g) State authorized, licensed, or certified uses to the extent
required to be permitted by State Law;
(h) Yard sales, limited to two percalendaryear, fora maximum
of two days each;
(i) Domestic violence shelter.
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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 R 1
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;
(c)Any use listed in Subsection 1 ofthis Section which would be
located on a parcel with a grade differential of 12.5 feet or more
and would be associated with a new building, substantial
remodel, or a 50% or greater square foot addition to an existing
home.
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4. Conditionally Permitted Uses. The following use may be permitted in the R 1
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, notto exceed twenty-eightfeet, 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 duplex or
second dwelling unit pursuantto subsections 3(a) or 3(b) ofthis
Section.
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(c) Minimum Lot Size. Five thousand square feet. Each parcel
shall contain a minimum depth of one hundred feet and a
minimum width offifty feet. Any parcel existing on the effective
date of this Chapter shall not be subject to this requirement.
(d) Maximum Parcel Coverage. Thirty-five percentexceptthat
parcels with only one-story structures not exceeding eighteen feet
in height may have a maximum parcel coverage offifty 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
permitted under these regulations, which includes parcel width or
length (as applicable), minus required minimum setback.
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(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 ofthree 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 minimu m 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.
U) Additional Side Stepbacks Above Fourteen Feet in
Height. For new structures or additions to existing structures,
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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 offorty-
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 Board finds
that the modification will not be detrimental to the property,
adjoining properties orthe 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
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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.
(2) No more than three feet of excavation below grade for a
driveway, stairway, doorway, Iightwell, 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
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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 percentofthe
parcel area. Second floor parcel coverage may be increased up
to a maximum of30 percent ofthe parcel area ifthe ground floor
square footage is reduced an equivalent amount. Conversely,
the ground floor coverage may be 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
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garage doors perpendicularto 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. Arch itectu rat Review. No bu ild ing or structu re shall be su bject to architectu ral
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.
(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 ofthree hundred feetfrom the exterior boundaries ofthe
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
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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 Administrator.
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, iffifty 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.
SECTION 3. This ordinance shall be of no further force and effect after August 31 ,
2005, 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. This Ordinance is declared to be an urgency measure adopted pursuant
to the provisions of Section 615 of the Santa Monica City Charter. As setforth in the findings
above, this Ordinance is necessary for preserving the public peace, health, and safety.
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SECTION 5. Any provision ofthe Santa Monica Municipal Code or appendices thereto
inconsistent with the provisions ofthis Ordinance, to the extent of such inconsistencies and no
fu rther, is hereby repealed or modified to that extent necessary to effect the provisions of this
Ordinance.
SECTION 6. If any section, subsection, sentence, clause, or phrase ofthis 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 ofthe ordinance would be subsequently
declared invalid or unconstitutional.
SECTION 7. 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 22nd day of March, 2005.
~
Pam O'Connor, Mayor
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. 2156 (CCS) had its introduction and adoption at the Santa
Monica City Council meeting held on March 22, 2005, by the following vote:
Ayes: Council members: Mayor O'Connor, Mayor Pro Tem Katz, Bloom,
Genser, Holbrook, McKeown, Shriver
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: None
ATTEST:
~ ~1.^.:\~' ~"-D<>-V
Maria M. Stewart, City Clerk
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