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city council Meeting: 6-02-92
Santa Monica, California
ORDINANCE NUMBER 1628 (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 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) 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.
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(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
incompatibil i ty with existing structures in neighborhoods wi th
sloping sites, thereby preventing development inconsistent with
existing land uses in and the general character of the OP-2
District.
(e) On April 23, 1991, the City Council adopted an ordinance
establishing interim standards for the OP-2 District to prevent
the construction of incompatible buildings on sloping parcels.
(f) Two public workshops have been conducted to gather
public input on the proposed changes to the OP-2 development
standards. The public process is still underway, therefore it is
necessary to maintain interim standards until such time as the
permanent standards are in place.
(g) On May 12, 1992 the City council adopted a 45 day
interim ordinance establishing standards for the OP-2 Oistrict to
prevent the construction of incompatible buildings on sloping
parcels. It is necessary to extend those standards for up to one
year to allow for the development of the permanent standards.
SECTION 2. Interim,Zoning.
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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, set forth in Chapter 1 of Article IX of the Santa
Monica Municipal Code.
(2) On upslopinq 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:
(a) 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 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.
(b) 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 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 a distance of 30 feet from
the front parcel line.
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(c) 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.
(d) 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.
(e) 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 31 above the existing natural grade.
(f) No portion of any structure exceeds the maximum
allowable height or permitted number of stories.
(3) 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 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.
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(4) For all parcels other than those described in Section
2(2), building height shall conform to the existing OP-2 property
development standards set forth in Chapter 1 of Article IX of the
Santa Monica Municipal Code.
SECTION 3. This Ordinance does not apply to any project the
application for which was deemed complete on or before May 12,
1992.
SECTION 4. This Ordinance shall be of no further force and
effect as of April 19, 1993.
SECTION 5. This Ordinance is declared to be an urgency
measure adopted pursuant to the provisions of Section 9120.6 of
the Santa Monica Municipal Code and Section 615 of the Santa
Monica City Charter. 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 6. 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 7. 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
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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 8. 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.
APPROVED AS TO FORM:
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ROBERT M. MYERS
City Attorney
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Adopted and approved this 2nd day of June, 1992.
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I hereby certify that the foregoing Ordinance No. 1628(CCS)
was duly and regularly introduced at a meeting of the Ci ty
Council on the 2nd day of June 19921 that the said ordinance was
thereafter duly adopted at a meeting of the city Council on the
2nd day of June 1992 by the following Council vote:
Ayes: Councilmembers: Abdo, Genser, Holbrook, Katz,
Olsen, Vazquez, Zane
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: None
ATTEST:
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