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This staff report addresses this issue. DISCUSSION Buildinq Heiqht Proiections Santa Monica Municipal Code (SMMC) Section 9.04.10.02.030 allows certain building elements to project above the building height. Elevator shafts are allowed to project 14 feet above the roof line; mechanical enclosures may project 12 feet above the district height limit; and stairwell enclosures may project 14 feet above the district in height limit. These projections must be used exclusively for elevators, mechanical equipment and stairwells and comprise no more than 25% of the total roof area. Staff recommends that, in the R2, R3, and R4 districts, elevator shaft projections only be permitted above the building roofline if an elevator is required for disabled access. If required, the elevator shaft projections will be reviewed by the Building and Safety Division to ensure the elevator height and size is the minimum necessary to provide access for the repair and maintenance of the elevator. Staff also recommends that mechanical room projections be prohibited. Staff believes that mechanical equipment for most multi family developments can either be located 3 within the building or can be adequately screened on the roof by a 42@ parapet. In circumstances where the applicant believes they are unable to comply with this requirement, Zoning Administrator approval of a variance for the mechanical enclosure would be required. Finally, staff recommends that stairwell enclosures be limited to 12' in height above the roofline and to a 4' x 4' area for each stairwell element. This standard is the minimum necessary to accommodate code required height clearances, structural improvements, and stair landing area. Impact of Development Standards The North of Wilshire development standards only affect the volume of a building. The standards require greater front yard and side yard setbacks and stepbacks and reduced the mass of a building by lowering the maximum height permitted for a building with a flat roof. The standards do not impact the number of units that may be constructed on the site since the density requirement is not being altered. This issue was also analyzed when the North of Wilshire Overlay District was adopted in 1990. This analysis determined that the new development standards would not result in a reduction in the number of units developed. However, somewhat smaller units would likely be built. Therefore, it is staff's conclusion that extending the North of Wilshire development 4 standards to other neighborhoods in the City would result in smaller units in smaller buildings, but not buildings with fewer units. CEQA STATUS The proposed emergency interim ordinance is exempt from CEQA pursuant to CEQA Guidelines Sections 15061 (b)(3) and 15305. Section 15061 (b)(3) provides that CEQA only applies to those projects that have the potential for causing a significant effect on the environment. The proposed development standards do not have this potential. Instead, these standards are environmentally beneficial. The proposed development standards will reduce allowable building height, reduce building mass by requiring additional setbacks from the minimum required setback lines, require outdoor private open space for all units, require additional landscaping, provide greater building articulation, let more light enter between buildings and reduce building shadows. These standards are designed to protect existing neighborhood character and to ensure that new development integrates and is compatible with surrounding residential area. The conclusion that these provisions do not have the potential for causing a significant environmental effect is consistent with the conclusion reached in the EIR prepared for the North of Wilshire Overlay District in 1990 which determined that the proposed rezoning of this district 5 would have significant environmental impacts, but the proposed development standards for that district would not. This interim ordinance simply expands these development standards to all R2, R3 and R4 multi-family zoning districts. Section 15061 (b)(3) also applies to the proposed modification to require Landmarks Commission review of demolition permit applications for buildings 40 years or older instead of those buildings 50 years or older in order to assess whether demolition would result in the removal of a potentially historic and/or architecturally significant building. This provision may preserve the character of those neighborhoods predominated by the courtyard and bungalow style housing development prevalent during the 1950's. Section 15305 exempts minor alterations in land use limitations in areas with an average slope of less than 20% which do not result in any changes in land use or density. The proposed ordinance meets the requirements of this section. None of these standards will result in an increase in land use or density. CONCLUSION The North of Wilshire development standards provide for greater stepbacks, less building mass and height, and more building articulation for multi-family developments in the R2, R3 and R4 multi-family districts, but will not result in a reduction in the number of allowable units. The proposed modifications to the Code regarding roof 6 projections will reduce the impacts on adjacent and nearby properties and prevent potential misuse of these areas while still providing adequate space for roof access and repair and maintenance of elevators and mechanical equipment. The proposed demolition ordinance modification will protect bungalow style and courtyard style multi-family developments from demolition until the property has been evaluated pursuant to the City=s Landmarks Ordinance. The proposed 24 month emergency interim ordinance extension will allow for sufficient time for staff to work with the Planning Commission, development community, property owners and residents to evaluate the effectiveness of these standards and propose permanent development standards for Council consideration. In addition, staff will evaluate the impacts of demolishing buildings with potential architectural significance that contribute to neighborhood character. The proposed emergency interim ordinance is contained in Attachment A. BUDGET/FINANCIAL IMPACT The recommendation presented in this report will have no budget or financial impacts. RECOMMENDATION It is respectfully recommended that the City Council adopt the emergency interim ordinance included in Attachment A. 7 Prepared by: Attachment: A: B: Suzanne Frick, Director Jay M. Trevino, AICP, Planning Manager Amanda Schachter, Principal Planner Paul Foley, Associate Planner Planning and Community Development Department Proposed Emergency Interim Ordinance Public Notice 8