O2184
f:\atty\muni\laws\barry\r1 sideyard-1.doc
City Council Meeting 05-09-06 Santa Monica, California
ORDINANCE NUMBER 2184 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCil OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION
9.04.08.02.080 TO AllOW THE MODIFICATION OF A SIDE YARD SET BACK
REQUIREMENT IN THE R-1 DISTRICT WHERE THE COMBINATION OF
CONTIGUOUS PARCELS REQUIRES A GREATER SIDE YARD SETBACK AND TO
AllOW THE RE-DIVISION OF COMBINED PARCELS
WHEREAS, Santa Monica Municipal Section 9.04.08.02.070(i) requires the
minimum setback for each side yard to be equal to ten percent (10%) of the parcel width
or a minimum of three (3) feet six (6) inches, whichever is greater, and requires the
required minimum amount of both side yard setbacks to equal thirty percent (30%) of
the parcel width, but in no case greater than a total of forty-five (45) feet; and
WHEREAS, Santa Monica Municipal Code Section 9.04.06.010(g) allows a
building to cross the property line for parcels under common ownership, but requires the
project to comply with all applicable requirements for the consolidated site configuration;
and
WHEREAS, a fifty (50) foot wide parcel would require total side yard setbacks of
thirty percent (30%) of the lot width (15 feet), with a minimum setback of five (5) feet on
one side; and
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WHEREAS, when fifty (50) foot wide parcels are combined to create a one
hundred (100) foot wide parcel, the required minimum setback would become ten (10)
feet; and
WHEREAS, the applicant of the proposed text amendment seeks to enlarge an
existing house across an adjoining parcel which he also owns but the existing dwelling
is only setback five (5) feet from the east property line; and
WHEREAS, under the existing Zoning Ordinance, the combination of the
contiguous parcels would create a new non-conforming setback and would therefore not
be authorized; and
WHEREAS, the proposed text amendment would allow the modification of a side
yard set back requirement in the R-1 district with Architectural Review Board approval
for an existing building in such cases where the combination of contiguous parcels
creates additional parcel width and requires a proportionately greater side yard setback;
and
WHEREAS, the Planning Commission considered the proposed text amendment
at a public hearing on February 15, 2006; and
WHEREAS, the Planning Commission unanimously recommended that the City
Council approve the request with certain modifications that are included in the proposed
text amendment; and
WHEREAS, the City Council held a public hearing on this proposed text
amendment on April 25, 2006; and
WHEREAS, the proposed text amendment is consistent in principle with land
Use Element Objective 1.1 which states that the quality of life for all residents should be
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improved by providing a balance of land uses that are consistent with the objective of
insuring fair treatment of property owners and residents of the City and is consistent in
principle with land Use Element Objective 1.2 which states "ensure compatibility of
adjacent land uses, with particular concern for protecting residential neighborhoods;"
and
WHEREAS, the public health, safety, and general welfare require the adoption of
the proposed amendment in that additions to existing single family residences may be
accommodated through the combination of contiguous parcels that create
nonconforming side yard setbacks for the existing structures instead of requiring that
part of the residence be demolished and the combination of parcels would only be
allowed if the adjacent properties are not adversely impacted by the combination of
parcels,
NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOllOWS:
SECTION 1. Santa Monica Municipal Code Section 9.04.08.02.080 is hereby
amended to read as follows:
Section 9.04.08.02.080. Architectural review.
No building or structure in the R1 District shall be
.
subject to architectural review pursuant to the provisions of
Chapter 9.32 of this Code except:
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(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 step backs for
structures above fourteen feet in height;
(d) Any structure that does not conform to the
limitations on access to subterranean garages and
basements;
(e) Any development in the area bounded by
Montana Avenue, the northern City limits, Twenty-Sixth
Street and Ocean Avenue, with regard to the following
conditions only:
(1) Any development with an aggregate square
footage of second floor balconies, terraces or roof decks
which exceeds four hundred square feet.
(2) Any structure with garage doors facing the public
street within the front one-half of the parcel which are not
setback from the building facade a minimum of five feet.
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(3) 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 facade.
(4) Any structure with side yard setbacks that do not
conform with Section 9.04.08.02.070(i) but which has
minimum setbacks for each side yard equal to ten percent of
the parcel width.
(f) The Architectural Review Board may approve the
design modifications set forth in Section 9.04.08.02.080(e)
provided all 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.
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(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.
(5) The design modifications also comply with the
criteria established in Section 9.32.140.
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.
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(g) Any existing structure that would not comply with
the minimum side yard setback of ten percent of the parcel
width required by Section 9.04.08.02.070(i) due to the
combination of two contiguous parcels into a single building
site. The Architectural Review Board may approve a
modification to the minimum side yard setback provided the
following findings of fact are made:
(1) Only one of the side yard setbacks for the existing
structure would become non-conforming due to the
combination of contiguous parcels,
(2) This non-conforming side yard setback would not
physically change,
(3) The aggregate setback on the combined lots shall
be a minimum of thirty percent of the total combined lot
width.
(4) The combined lot width shall not exceed one
hundred twenty feet.
(5) 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.
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(6) 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.
(h) In the event the property owner seeks to re-divide
a parcel created through the combination of contiguous lots
after the Architectural Review Board has acted pursuant to
subsection (g) of this Section, the Architectural Review
Board may approve such a re-division provided the following
finding of fact is made:
No construction has taken place since the original
combination of parcels.
SECTION 2. 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 eftect the provisions of this Ordinance.
SECTION 3. 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 aftect 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,
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or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4. 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 30 days from its adoption.
APPROVED AS TO FORM:
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Approved and adopted this 9th day of May, 2006.
~~~
Robert T. Holbrook, 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. 2184 (CCS) had its introduction on April 25, 2006, and was
adopted at the Santa Monica City Council meeting held on May 9, 2006, by the
following vote:
Ayes: Council members: Bloom, Genser, Katz, McKeown,
Mayor Pro Tern Shriver, Mayor Holbrook
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: O'Connor
ATTEST:
----OIl ~q~
Maria M. Stewart, ity Clerk
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