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O1540 (2) CA:RMM:kp332jhpadv City council Meeting 9-11-90 Santa Monica, California ORDINANCE NUMBER l540(CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA EXTENDING THE INTERIM MODIFICATION OF THE ZONING ALONG OCEAN PARK BOULEVARD BETWEEN LINCOLN BOULEVARD AND 25TH STREET, REVISING DEVELOPMENT STANDARDS AND 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) Although Ocean Park Boulevard between Lincoln Boulevard and 25th Street (hereinafter referred to as the "aff€,:,..ted area"), is currently an R-3 Zone District, 95% of the lots in the affected area are currently developed to either R-l Zone District or R-2 Zone District standards. (b) The areas immediately north and south of the affected area are R-2 or R-l Zone Districts. (c) On more than one recent occasion, an application for development in the affected area has been filed which proposes a land use utilizing the R-3 Zone District standards. (d) Because of the discrepancy between the existing R-3 District zoning and the existing R-l and R-2 District land uses in the affected area and surrounding general area, development in the affected area to R-3 Zone District standards would be - 1 - incompatible with existing land uses, and would impair the integrity and character of the affected area. (e) The potential for development to R-3 Zone District Standards in the affected area 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 public health, safety, or welfare. (f) The Zoning Ordinance requires review and revision as it pertains to the appropriate zoning for the affected area. (g) Pending completion of this review and revision, it is necessary to modify on an interim basis the existing zoning to prevent development in the affected area to R-3 Zone District standards, thereby preventing development inconsistent with existing land uses in and the general character of the affected area. (h) In light of the above findings and purpose, the city Council adopted Ordinance No. 1537 (CCS) on August 7, 1990. The findings and conditions in effect at that time are still applicable, and it is necessary to extend the interim modified zoning in order to complete the review and revision process as it pertains to the appropriate zoning for the affected area, and to further modify the development standards pending such review and revision. SECTION 2. Interim Zoning. (a) No project shall be approved for any residentially zoned property on Ocean Park Boulevard between Lincoln Boulevard - 2 - and 25th street unless it meets the following property Development Standards: (1) exceed 30 feet. Maximum Building Height. Two stories, not to (2) Maximum unit Density. One dwelling unit for each 1,250 square feet of parcel area. No more than one dwelling unit shall be permitted on a parcel of less than 4,000 square feet if a single family dwelling existed on September 8, 1988. (3) Maximum Parcel Coverage. 50 percent. (4) Minimum Parcel Size. 5,000 square feet. Each parcel shall contain a minimum depth of 100 feet and a minimum width of 50 feet, except that parcels existing on September 8, 1988 shall not be subject to this requirement. (5) Front Yard Setback. 20 feet, or as shown on the Official Districting Map, whichever is greater. At least 24% of the front elevation from the grade level up to 14 feet in height shall provide an additional 5 foot average setback, and 30% of th.e front elevation above 15 feet in height shall provide and additional 10 foot average setback from the minimum front yard setback. (6) Side Yard Setback. The side yard setback for lots of less than 50 feet shall be 10% of the parcel width but not less it.han 4 feet. For lots 50 feet in width or greater, the side yard setback shall be determined in accordance with the following formula: - 3 - 5' + (stories x lot width) 50' Portions (If the building between 14 feet and 30 feet in height shall provide an additional 4 foot average setback. (7) Usable Private Open Space. All units shall have the follo,",ring minimum amounts of usable private space per unit: 100 squarE! feet for projects with 4 or 5 units, and 50 square feet for projects of 6 units or more. Private open space shall include a deck, yard, patio or combination thereof, which is adj acent ito, accessible from, and at the same or approximate elevation as the primary space. (8) Required Landscapinq. All property shall be developed in accordance with the R2 standards in Subchapter 5B of the Santa Monica Municipal Code including the following: (a) A minimum of 50% of both required side yard setbacks shall be landscaped. (b) A minimum of two 36" box trees with a minimum hE~ight of 12 feet shall be planted in the front yard setback. (b) This Ordinance shall apply to any applications for planning, building, or other City approvals deemed complete after August 31, 1990. SEC1'ION 3. This Ordinance shall be of no further force and effect 10 months and 15 days from its adoption, unless prior to that date, after a public hearing, noticed pursuant to Santa - 4 - Monica Municipal Code section 9131.5, the city Council, by majority vote, extends the interim ordinance for up to one year. SECTION 4. This ordinance is declared to be an urgency measure adopted pursuant to the provisions of Santa Monica Municipal Code section 9120.6 and Santa Monica City Charter section 615. It is necessary for preserving the public peace, health and safety, and the urgency for its adoption is set forth in the findings above. SECTION 5. 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, are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SEC'l?ION 6. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconsti tutional by a decision of any court of any 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. SEC~~ION 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 - 5 - Adopted and approved this 11th day of September, 1990. DS>-) ') ~ ~. Ma I hereby certify that the foregoing Ordinance No. 1540(CCS) was duly and regularly introduced at a meeting of the City Council on the 11th day of September 1990; that the said Ordinance was thereafter duly adopted at a meeting of the City Council on the 11th day of September 1990 by the following Council vote: Ayes: Councilmembers: Abdo, Finkel, Genser, Reed, Mayor Zane Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: Jennings, Katz ATTEST: ~~11M A,:>sr. c' y Clerk within 15 days after its adoption. This Ordinance shall become effective upon adoption. APPROVED AS TO FORM: ~~.~ ROBERT M. MYERS City Attorney - 6 -