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O1575 e e City council Meeting: 3-12-91 Santa Monica, California ORDINANCE NUMBER 1575 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MODIFYING THE DEVELOPMENT STANDARDS IN THE R2R AND OP-2 ZONING DISTRICTS ON AN INTERIM BASIS 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) The R2R Low Density Duplex District, known historically as the Central Beach neighborhood, is characterized primarily by low scale, turn of the century single family homes that represent the most intact example of early Santa Monica beach cottages constructed primarily between 1900 and 1905. (b) While heights and densities have been reduced, and setback, landscaping, and private open space requirements increased in the adjacent Ocean Park residential area, the development standards in the R2R district have not been reviewed since their adoption in 1981. (c) The height requirement in the R2R District at 2 stories/25 feet for a structure with a flat roof or 2 stories/35 feet for a structure with a pitched roof, is currently higher - 1 - e e than any residential district in the Ocean Park area with the exception of the OP-4 High Multiple Residential District. (d) The R2R District, similar to the OP-Duplex District, is composed of small parcels designated primarily for single family or duplex uses. (e) The character of the R2R District is narrow streets, pedestrian scale structures, entrances, and numerous front porches. enhanced by its street facing (f) In recent months since the adoption of the Ocean Park Zoning standards in September 1989, development projects have been approved on sloping sites in the OP-2 Ocean Park Low Multiple Residential District that, while consistent with the ordinance specified height requirements, are not consistent with the ordinance intent and are not compatible with the surrounding neighborhood. (g) The potential for development to the currently specified height limit in the R2R and OP-2 Districts 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, and welfare. (h) The Zoning Ordinance requires review and revision as it pertains to the appropriate development standards for the R2R and OP-2 Zoning Districts. (i) pending completion of this review and revision, it is necessary to modify on an interim basis the existing zoning to - 2 - e e prevent development in the R2R District from being constructed without the design amenity of a front porch and up to a height of 35 feet and to prevent development in the OP-2 District from height incompatibility with existing structures in neighborhoods with sloping sites, thereby preventing development inconsistent with existing land uses in and the general character of the R2R and OP-2 Districts. SECTION 2. Interim Zoninq. (a) No development or permit shall be approved pursuant to Chapter 1 of Article IX of the Santa Monica Municipal Code, and no Subdivision or parcel map shall be approved pursuant to chapter 3 of Article IX of the Santa Monica Municipal Code, for land in the R2R District and OP-2 District unless one or more of the following findings are made: (1) with regard to a project located in the R2R District, the project complies with existing R2R development standards, except for building height, set forth in Chapter 1 of Article IX of the Santa Monica Municipal Code. (2) with regard to a project located in the R2R District, the project complies with the height standards for the OP-Duplex Ocean Park Duplex Residential District contained in Chapter 1 of Article IX of the Santa Monica Municipal Code. (3) With regard to a project located in the R2R District, the project provides a building entrance oriented toward the street, however the front door need not be parallel with the - 3 - e e front street. Pursuant to santa Monica Municipal Code Section 9040. 17, unenclosed porches which may be covered by a roof or canopy may encroach a maximum of six feet into the required ten foot front yard setback. For parcels 32 feet or less in width, a variance to modify the parking configuration may be considered pursuant to Chapter 1 of Article IX of the Santa Monica Municipal Code. (4) with regard to a project located in the OP-2 District, the project complies with existing OP-2 property development standards, except for building height, set forth in Chapter 1 of Article IX of the Santa Monica Municipal Code. (5) With regard to a project located in the OP-2 District, the building complies with all of the following standards: (a) Maximum allowable height shall be determined by measuring vertically to 23 feet for structures with a flat roof and 30 feet for structures with a pitched roof, from the inside edge of the existing sidewalk (the edge closest to the front parcel line), and then running parallel to the existing grade of the parcel to the rear property line. (b) On sloping parcels where the change in elevation from front to rear is 10 feet or greater, no portion of the building within 20 feet of the front setback may be higher than 1 story, 14 feet in height. For parcels 120 feet or less in width, a variance to permit a second story within 20 feet of the front setback may be considered pursuant to Chapter 1 of Article IX of the Santa Monica Municipal Code. - 4 - e e (c) The natural grade existing on the parcel, prior to any new construction, shall be returned to its original state if excavation occurs. No portion of the structure below the natural grade existing on the parcel prior to construction, shall project above the grade. An opening to a garage may remain unexcavated. (d) Any portion of a building more than 3 feet above the existing natural grade shall be counted as a story. The first story of a structure shall be determined as the portion of the structure closest to the front property line that extends more than 3' above the existing natural grade. (e) No portion of any structure exceeds the maximum allowable height or permitted number of stories. (6) The application for a project was deemed complete on or before January 22, 1991. SECTION 3. This Ordinance shall be of no further force and effect 45 days from its adoption, unless prior to that date, after a public hearing, noticed pursuant to Santa Monica Municipal Code section 9131.5, the City Council, by majority vote, extends the interim ordinance for up to 10 months and 15 days. 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, - 5 - e e 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 wi th 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. SECTION 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. Section 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 within 15 days after its adoption. This ordinance shall become effective upon adoption. - 6 - e APPROVED AS TO FORM: ,.._ _4 _ ^ ~'" .,~ a ~ . \J ROBERT M. MYERS City Attorney w/opsb2 e - 7 - f I L .. e . Adopted and approved this 19th day of March, 1991. ~1 Mf:C I hereby certify that the foregoing Ordinance No. 1575(CCS) was duly and regularly introduced at a meeting of the ci ty council on the 19th day of March 1991; that the said Ordinance was thereafter duly adopted at a meeting of the city Council on the 19th day of March 1991 by the fallowing Council vote: Ayes: councilmembers: Holbrook, Katz, Olsen, Vazquez, Zane, and Mayor Abdo Noes: Councilmembers: None Abstain: Counci1members: None Absent: Councilmembers: Genser ATTEST: - City- .r.;..ierKJ. _ u _ _ ~ -- ...-~ - ---- - - - - - -....... ----. -.. ~- -, - _~ r---.... -.