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City Council Meeting 10-25-05 Santa Monica, California
ORDINANCE NUMBER 2172 (CCS)
(City Council Series)
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA EXTENDING AND ADJUSTING THE MODIFICATIONS TO
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, 2200 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.
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(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) At the 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 substantial redevelopment of homes.
(9) 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
the existing neighborhood's scale and character, and would be contrary to the
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neighborhood's historic development pattern. If urgent action is not taken, irreversible
development activity would occur.
(j) 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 of
the residents, and the approval of permits for such development would result in a threat to
the public health, safety, and welfare.
(k) For these 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 occur as part of the
Land Use ElemenUZoning 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, that the 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.
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(m) In light of the above-mentioned concerns, the City Council adopted Ordinance
Number 2066 (CCS) modifying the development standards in the Sunset Park and North of
Wilshire neighborhoods on February 25,2003, and extended its provisions by adopting
Ordinance Number 2067 (CCS) on March 11,2003, Ordinance Number 2156 (CCS) on
March 22,2005, and Ordinance Number 2160 (CCS) on June 28,2005. That ordinance
will expire on March 11, 2007, unless extended.
(n) In adopting Ordinance Number 2160 (CCS), the City Council directed staff to
return with a revised ordinance for its consideration that would authorize staff review of
single family developments on parcels with a slope of 12.5 feet or greater instead of the
current process which requires initial review by the Architectural Review Board.
(0) This interim ordinance only adjusts the development standards to allow covered
porches in the front yard area.
(p) 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 R 1 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, consistent with Ordinance 2160 (CCS) extends Ordinance Numbers 2066
(CCS), 2067 (CCS), and 2156 (CCS) up to and including March 11, 2007, establishing on
an interim basis the following development standards for the R1 districts in the Sunset Park
and North of Wilshire neighborhoods with minor adjustments to the prior interim provisions
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to address inadvertent development hardships. 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 ElemenUZoning 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 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:
1. Permitted Uses. The following uses shall be permitted in the R1 District:
(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 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
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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 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 R 1 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;
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(b) Second dwelling units subject to the requirements set forth
in Santa Monica Municipal Code Section 9.04.13.040;
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. Except as otherwise provided in this
Section, 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 of fifty feet. 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 of the 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.
(9) 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. Except as provided in subsection 6(j) of
this Section, 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.
0) Additional Side Yard Setback. 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
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the parcel width, or a minimum of three feet, six inches
whichever is greater. This subsection 60) shall not apply under
any of the following circumstances:
(1) New structures on parcels that are 45 feet or less in parcel
width.
(2) Additions to existing structures that do not constitute a
substantial remodel on parcels that are less than 50 feet in
parcel width.
(3) Any development on parcels that are less than 5,000
square feet in parcel area.
(k) 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.
(I) 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
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at an angle of forty-five degrees from the vertical toward the
interior of the site.
(m) 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.
<n) Modifications to Stepbacks Above Fourteen Feet in
Height. The stepback requirements of subsections 6(f), 6(h),
6(k), and 6(1) 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 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.
(0) Driveways. No more than one driveway per parcel to a
public street shall be permitted on parcels less than one
hundred feet in width.
(p) Basements and Subterranean Garages. No basement or
subterranean garage shall extend into any required yard
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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.
(q) 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 fOf lightwells Of stairways to below-grade
areas of the main building and any accessory buildings.
(2) No more than three feet of excavation below gfade 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.
(r) 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.
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(s) 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
increased to a maximum of 40 percent if an equivalent amount
is reduced on the second floor.
(t) 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.
(u) 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.
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(v) Architectural Projections Into Side Yards. Eaves,
awnings, canopies, sunshades, sills, cornices, belt courses,
trellises, arbors and other similar architectural projections may
extend a maximum of 18" into an interior side yard or 3Q" into a
street side yard, provided that such. projections shall not be
closer than three feet to any property line.
(w) Balconies and Porches. Balconies and porches open
on at least two sides with a maximum height of fourteen feet
including parapets and railings that do not exceed fifty percent
of the front building width measured at the front facade, may
project up to six feet into the required front yard. Stairs less
than three feet above grade may project an additional four feet
into the required front yard.
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.
(e) Any structure associated with a new building, substantial
remodel, or a 50% or greater square foot addition to an
existing home located on a parcel with a grade differential of
12.5 feet or more between the front and rear parcel lines. The
Architectural Review Board may approve projects pursuant to
this subsection 7(e) if the following finding of fact is made: the
size, mass, and placement of the proposed structure is
compatible with improvements in the surrounding
neighborhood. No other findings of fact are required.
(f) Any structure that does not comply with the requirements
that garage doors facing the public street must be set back a
minimum of five feet from the front setback line and garage
doors must not exceed 16 feet in width unless located in the
rear 35 feet of the parcel.
(9) Any structure on a parcel that is 50 feet or more in width
that does not comply with subsection 6(j) of this Section.
(h) Any structure with balconies or porches open on at least
two sides with a maximum height of fourteen feet including
parapets and railings, which project into the required front yard
and which exceed fifty percent of the front building width
measured at the front fa~ade.
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(i) The Architectural Review Board may approve the design
modifications set forth in subsections 7(f), 7(g) and 7(h) of this
Sectior.l provided all of the following findings of fact are made:
(1 ) There are special circumstances or exceptional
characteristics applicable to the property involved, including
size, shape, topography, surroundings, or location of the
existing improvements or mature landscaping on the site.
(2) The granting of the design modification will not be
detrimental nor injurious to the property or improvements in the
general vicinity and district in which the property is located.
3) The granting of the design modification will not impair the
integrity and character of this R1 neighborhood, nor impact the
light, air, open space, and privacy of adjacent properties.
(4) In the case of additions to buildings in the City's Historic
Resources Inventory, the design modification is compatible
with the building's historic architectural character, does not
result in the removal of historic building features, and the
addition is consistent with the Secretary of the Interior
Standards for Rehabilitation.
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
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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.
8. Fifty percent addition. Parking shall be provided in accordance with the
provisions of Part 9.04.10.08 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.
SECTION 3. This ordinance shall be of no further force and effect after March 11,
2007, 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.
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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
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 and adopted this 25th day of October, 2005.
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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. 2172 (CCS) had its introduction on October 11, 2005, and was
adopted at the Santa Monica City Council meeting held on October 25, 2005, by the
following vote:
Ayes: Council members: Mayor O'Connor, Genser, Holbrook, McKeown, Shriver
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: Mayor Pro T em Katz, Bloom
ATTEST:
\
oA:-
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