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O1583 e e City council Meeting: 5-14-91 Santa Monica, California ORDINANCE NUMBER 15 B 3 (CCS) (City council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MODIFYING THE DEVELOPMENT STANDARDS IN THE OP-2 ZONING DISTRICT ON AN INTERIM BASIS 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) 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. (b) The potential for development to the currently specified height limit in the OP-2 District 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. - 1 - .. e e (c) The Zoning Ordinance requires review and revision as it pertains to the appropriate development standards for the OP-2 Zoning District. (d) Pending completion of this review and revision, it is necessary to modify on an interim basis the existing zoning 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 OP-2 District. SECTION 2. Interim zoning. (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 OP-2 District unless the following findings are made: (1) The project complies with existing OP-2 property development standards, except for building height and unexcavated sideyards, as set forth in Chapter 1 of Article IX of the Santa Monica Municipal Code. (2) The building complies with all of the fOllowing standards: (a) On upsloping parcels where the change in elevation from front to rear is 10 feet or greater, maximum allowable height for structures shall conform to the following: - 2 - e e (i) One story 14 feet (including parapets and rails) for the first 15 feet on the parcel, measured back from the front parcel line. Maximum permitted height shall be measured vertically 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. (ii) Two stories 18 feet for a flat roof and 23 feet for a pitched roof (including parapets and railings) for that portion of the structure located between 15.1 feet and 30 feet measured back from the front parcel line. Maximum permitted height shall be measured vertically from the existing natural grade and then running parallel to the existing grade of the parcel to a distance of 30 feet from the front parcel line. (iii) The maximum permitted height for structures beyond 30 feet from the front parcel line shall be two stories 23 feet for a flat roof or 30 feet for structures with a pitched roof. Maximum building height for this portion of the structure shall be measured vertically from the existing natural grade and then parallel to the existing natural grade of the parcel to the rear property line. (iv) The natural grade existing on the parcel, prior to any new construction, shall be returned to its original state if excavation occurs. An opening to a garage may remain excavated. (v) 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 - 3 - e e structure closest to the front property line that extends more than 3' above the existing natural grade. (vi) No portion of any structure exceeds the maximum allowable height or permitted number of stories. (4) The project complies with Section 9040.17 of the Santa Monica Municipal Code except that parcels having a width of 50 or greater shall provide at an unexcavated area equal to 4 feet in width along the entire length of one of the side property lines and an unexcavated area equal to 2 feet 6 inches in width along the entire length of the other side property line. Parcels in excess of 70 feet in width, shall provide an unexcavated area of at least 4 feet in width along the entire length of both side yards. (5) 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 10 months and 15 days from its adoption. SECTION 4. 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. SECTION 5. 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 any competent - 4 - e e 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 inval id or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. Section 6. 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 after 30 days from its adoption. APPROVED AS TO FORM: ~~.\1 ROBERT M. MYERS City Attorney o -- op2sb2 - 5 - , ~ t . . e Adopted and approved this 14th day of May, 1991. OtU'k Ik -Mayor I hereby certify that the foregoing Ordinance No. 1583(CCS) was duly and regularly introduced at a meeting of the City Council on the 23rd day of April 1991; that the said Ordinance was thereafter duly adopted at a meeting of the city council on the 14th day of May 1991 by the following Council vote: Ayes: Councilmembers: Genser, Holbrook, Olsen, Vazquez, Zane, and Mayor Abdo Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: Katz ATTEST: - .-.... --, - ~ ,,-. -.. /,V: ~'- ~ ~~~~