Article 24.5 — CENTRAL R-1 PERMITS

Notwithstanding any other provision of this code, upon application by a property owner, in a form satisfactory to the director of community development, the reviewing authority may issue a Central R-1 permit to establish the following standards in the Central Area of the city:

• A. Garage Requirements: Establish vehicular entrance width and orientation requirements for garages in the Central Area.

B. Height Limit For Accessory Structure: Establish a height limit for an accessory structure located in a side, street side or rear yard north of Santa Monica Boulevard. In no event, however, shall an accessory structure exceed the height limitations permitted in the principal building area.

C. Maximum Floor Area: Establish a maximum floor area exceeding the limitations of section 10-3-2402 of this chapter for all buildings located on a site area. Nothing in this subsection, however, shall be construed to permit noncompliance with height and setback requirements set forth in article 24 of this chapter.

D. Maximum Potential Facade: Establish the cumulative coverage of the maximum potential facade permitted for architectural projections which encroach into the front yard. Such architectural projections, however, may cover no more than two- thirds ([2] /3) of the maximum potential facade.

E. Placement Of Windows: Establish standards for the placement of windows which are above a second story, and face a street on property located south of Santa Monica Boulevard.

F. Minimum Side Setback: Establish the minimum side setback, where the existing side setback is nonconforming, for additions with a height in excess of fourteen feet (14') at a width no less than the existing side setback, provided that in no event shall the side setback for the addition be less than three feet (3').

G. Front Yard Encroachments: Establish the maximum encroachment into a front yard for eaves and plant-on accents provided by subsections 10-3-2408C and E of this chapter when the primary dwelling encroaches into the front yard by the maximum amount permitted by subsection 10-3-2418C of this chapter.

H. Height Limit For Game Court Fences: Establish a height limit for game court fences located within five feet (5') of a property line. In no event, however, shall a game court fence or lighting standard be permitted to exceed the height allowed for such structure located more than five feet (5') from a lot line.

I. Nonconforming Rear Setback Extension: Extend the existing nonconforming rear setback where the extension is not less than fifteen feet (15') from the rear property line and either: the extension exceeds fourteen feet (14') in height; or the area of the extension exceeds one thousand (1,000) square feet or twenty percent (20%) of the existing floor area, inclusive of any floor area granted pursuant to subsection 10-3-2406C of this chapter; or the height of any porch or deck attached to a primary structure and located within the rear setback is more than three feet (3') above natural grade or higher than the finished floor of the first story whichever is lower; pursuant to subsection 10-3-2405C of this chapter.

J. Corner Lots South Of Santa Monica Boulevard: Establish the minimum rear setback and street side setback for a principal residential building located within the rear yard setback area of corner lot properties south of Santa Monica Boulevard, pursuant to section 10-3-2418 of this chapter.

K. Maximum Height Of Buildings North Of Santa Monica Boulevard In The Central Area Of The City: Establish a maximum height limit pursuant to section 10-3-2403 of this chapter.

Additionally, the reviewing authority shall not act under any subsection of this section unless a property owner specifically applies for review under that subsection. This constraint shall not limit the reviewing authority's power to condition its action pursuant to section 10-3-2454 of this chapter. (Ord. 09-O-2566, eff. 6-27-2009; amd. Ord. 12-O2623, eff. 7-8-2012; Ord. 14-O-2669, eff. 12-5-2014)

The reviewing authority for a Central R-1 permit application shall be the planning commission unless the application requested is for one or more of the following:

• A. Subsection 10-3-2450A of this chapter, regarding vehicular entrances.

• B. Subsection 10-3-2450D of this chapter, regarding maximum potential facade.

• C. Subsection 10-3-2450E of this chapter, regarding placement of second story windows.

D. Subsection 10-3-2450G of this chapter, regarding maximum encroachment into front yard.

The design review commission shall be the reviewing authority for the aforementioned Central R-1 permit

applications unless the application accompanies a separate application for discretionary approval from the planning commission with regard to the same project site. In that case, the planning commission shall be the reviewing authority for the Central R-1 permit application.

In the event that a Central R-1 permit application accompanies a separate application for a discretionary approval from the city council with regard to the same project site, the city council shall be the reviewing authority for the Central R- 1 permit. (Ord. 09-O-2566, eff. 6-27-2009)

• A. The reviewing authority shall hold a public hearing concerning each application for a Central R-1 permit.

• B. Notice of any hearing held pursuant to this section shall be completed in accordance with article 2.5 of this chapter and the city's public notice guidelines. (Ord. 95-O-2239, eff. 7-7-1995; amd. Ord. 14-O-2661, eff. 6-20-2014)

The reviewing authority shall not issue a Central R-1 permit unless the reviewing authority finds that the proposed development will not have a substantial adverse impact on:

• A. The scale and massing of the streetscape,

• B. Neighbors' access to light and air,

• C. Neighbors' privacy, and

• D. The garden quality of the city. (Ord. 89-O-2056, eff. 4-20-1989; amd. Ord. 95-O-2239, eff. 7-7-1995)

In granting a Central R-1 permit, the reviewing authority may impose such restrictions or conditions as it deems necessary or proper to satisfy the findings required for such permit. (Ord. 95-O-2239, eff. 7-7-1995)

The applicant or any person aggrieved by any decision of the planning commission regarding a Central R-1 permit, may appeal that decision to the city council. Such decision may be appealed in the manner as provided in title 1, chapter 4, article 1 of this code.

The applicant or any person aggrieved by any decision of the design review commission regarding a Central R-1 permit, may appeal that decision to the planning commission. Such decision may be appealed in the manner provided in section 10-3-4417 of this chapter. (Ord. 09-O-2566, eff. 6-27-2009)

Unless otherwise provided in the resolution granting a Central R-1 permit, the exercise of rights granted in such approval shall be commenced in accordance with the time limits imposed by section 10-3-207 of this chapter. (Ord. 02-O-2411, eff. 11-22-2002)