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O1921 F \ATTY\MUNI\LAWS\8ARRY\R1 NMONTA City Council Meeting 8-19-98 Santa MOnica, California ORDINANCE NUMBER 1921 (CCS) (City Council Series) AN INTERIM ORDINANCE OF THE CITY COUNCil OF THE CITY OF SANTA MONICA ESTABLISHING DEVELOPMENT STANDARDS FOR THE R1 DISTRICT NORTH OF MONTANA AVENUE; DECLARING THE PRESENCE OF AN EMERGENCY THE CITY COUNCil OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOllOWS SECTION 1 Findings and Puroose The City Council finds and declares (a) The area of the City bounded by Twenty-Sixth Street, Ocean Avenue, Montana Avenue and the northern City limIts, commonly referred to as the North of Montana neighborhood, contains a mix of modest, older, single story and two story homes and new, substantially larger dwellings constructed In recent years (b) A substantial number of existing propertIes In the North of Montana neighborhood are slgmflcantly underdeveloped In relatIon to the City's current allowable development standards established by the City's Zoning Ordinance (C) Within the past year, real estate values In the North of Montana neighborhood have risen dramatIcally Concurrently, there has been a surge In the demolition of the older hOUSing and rebUIlding with hOUSing bUilt to the maximum authorized development standards last year, there were twenty five (25) demolition applications filed for Single 1 family residences In this neighborhood -- the hIghest number recorded for a single year This figure represented more than a doubling of the number of demolition applications In 1996 and a five fold Increase over the number of applications In 1995 (d) In 1998, there have already been thirty-three (33) demolition applications filed A continuation of thIS trend for the remainder of the year would place the figure at more than double last year's record (e) Similarly, permits for the construction of new single family residences last year totaled sixteen (16). ThiS was also a record number of such permits Issued. However, thiS year, twenty-one (21) such permits have already been Issued ThiS number IS certain to rise gIven the demolition activity deSCribed above (f) There IS grave community concern that the number of applicatIons filed for development projects Within thiS neighborhood Will continue to escalate Given market conditions and the deSirability of liVing In thiS area, the City believes that these concerns are well-grounded and anticipates that thiS surge 1n development activity Will contInue (g) New houses In thIS neighborhood are being developed to the maximum size authOrized by current zOning Most are two story houses that are approximately 5,000 square feet In size Many of these structures contain lofts and mezzanlnes between the first and second floors and between the second floor and roof of a structure While these houses are stili technically two story, these lofts and mezzanines create the appearance of a three story structure Further, the second story IS often bUilt With very little articulation In companson to the first story Because of the combIned height and massing of these 2 houses, they tower over and dwarf the eXIsting adjacent houses These new houses are wholly at odds with the eXisting scale and character of the neighborhood (h) Much of thIs new housing IS also designed with eaves, chimneys, bay windows, patios, or balCOnies, which project Into the reqUired yard set backs These features Increase the building's mass and Its Impact on adjoining properties (I) In addltlon, these redeveloped parcels often Include a two story accessory structure and/or second story addItIOns to eXisting garages located in the rear and Side yard areas When these accessory structures are located on corner lots, they SIgnifIcantly Increase the site's perceived development Intensity (J) The full bUlld-out of these lots substantially reduces the overall amount of open space In the neighborhood These monolithiC structures appear to envelop smaller adjacent houses, particularly when an older house IS sandWiched In between two such structures When these huge houses are adjacent to one another, they create a walled effect, transforming the street Into a canyon (k) The size and scale of thIS development has a slgmflcant detnmentallmpact on adjacent neighbors' access to light and air It also Impacts their pnvacy (I) Given the pace of redevelopment, the amount of construction activity In this area also causes significant disruption and nOise problems for the residents of the area Construction matenals and equipment are often placed In the roadway and/or on Sidewalks, thereby obstructing both vehicular and pedestnan traffiC Construction fences Impact neighborhood aesthetiCS 3 (m) If current development standards are permitted to continue, additional housing will be developed that will severely Impact eXisting residences, will be Incompatible With the existing neighborhood scale and character, and will be contrary to the neighborhood's histone development patterns (n) The potential for development under the currently speCIfied standards 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 the public health, safety, and welfare. (0) For the reasons stated above, the ZOning Ordinance requires review and reVISion as It pertains to the appropnate development standards In the R1 Dlstnct North of Montana Avenue (p) Pending completion of this review and reVISIon, In order to protect the publiC health, safety and welfare, It IS necessary on an Intenm basIs to change current develop standards In the follOWing manner limit projections Into the reqUired Side yard set back, reqUire that all two story accessory structures located on corner lots be located at the Intenor Side of property, limit the second floor square footage, prOhibit front yard excavation, modify front yard setback reqUIrements, and allow two story accessory structures only by use permit The Intenm development standards are necessary to ensure that adequate light, air, pnvacy, and open space IS prOVided for each dwelling, that the construction IS compatible With the North of Montana neIghborhood, and that the character of the neighborhood IS not IrreversIbly damaged 4 (q) As described above, there eXists a current and Immediate threat to the public safety, health, and welfare should the Intenm ordinance not be adopted and should development inconsistent with the contemplated reVISions to the development standards to the R 1 district north of Montana be allowed to occur Approval of additional development Inconsistent with the follOWing proposed Intenm standards would result In a threat to public health, safety, or welfare Therefore It IS necessary to establish on an Intenm basjs the follOWing development standards for the R1 District North of Montana Avenue SECTION 2 Interim ZOning City staff IS directed to disapprove all bUilding permit applications filed after August 18, 1998 for any reSidential development project In the R 1 Dlstnct North of Montana Avenue unless the project complies with the follOWing development standards 1 Permitted Uses. All uses permitted In Section 9 04 08 02 020 of the Santa Monica MUniCipal Code, except two story accessory bUildings. 2 Uses Subject to Performance Standards Permit. All uses permitted by Performance Standards Permit In Section 9040802030 of the Santa MonIca MunIcipal Code 3 Uses Subject to Use Permit. All uses permitted by Use Permit In Section 9 04 08 02 040 of the Santa Momca Municipal Code In addition, two story accessory bUildings shall be subject to a Use Permit 5 4 Conditionally Permitted Uses. All uses permitted by Conditional Use PermIt In Section 9 04 08 02 050 of the Santa Monrca Municipal Code 5 Prohibited Uses All uses prohibited In Section 904 08 02060 of the Santa MOnica Munrclpal Code 6 Property Development Standards. All property shall be developed In accordance with the following standards (a) Maximum Building Height. (1) One story, not to exceed 18 feet, which Includes all bUilding elements except chimneys and reqUired vents, If structures exceed a maximum parcel coverage of 40 percent, (2) Two stones, not to exceed 28 feet, which Includes all bUilding elements except chimneys and required vents, If structures do not exceed a maximum parcel coverage of 40 percent, (3) On lots of more than 20,000 square feet with a minimum front parcel line dimenSion of 200 feet, the height shall not exceed 35 feet for a pitched roof or 28 feet for other types of roofs (b) Maximum Unit Density. One dwelling unit per parcel, except where a Use Permit has been approved for a duplex as permitted by Santa MOnica Municipal Code SectIon 9 04 08 02 040(a) (c) Minimum Lot Size. 5,000 square feet Each parcel shall contain a mInimum depth of 100 feet and a minimum WIdth of 50 feet except any 6 parcel eXisting on the effective date of this Chapter shall not be subJect to this reqUirement (d) Maximum Parcel Coverage. 40 percent for two story structures except that parcels between 3,001 and 5,000 square feet may have a parcel coverage of 50 percent, and parcels of 3,000 square feet or smaller may have a parcel coverage of 60 percent 50 percent for one story structures (e) Front Yard Setback. The authonzed setback shall be as shown on the Official Dlstnctlng Map of the City, or, If no setback IS specified, 20 feet or the average of the front yard setback of the two adjacent structures, whichever IS greater (f) Additional Front Stepback Above 14 Feet in Height For new structures or addItions to eXIsting structures, any portIon of the front bUilding elevation above 14 feet exceeding 75 percent of the maximum bUIldable front elevation shall be stepped back. from the front setback line an additional average amount equal to four percent of parcel depth, but In no case resulting In a reqUired step back greater than 10 feet As used In this Ordinance, "maxImum bUildable elevation" shall mean the maximum potential length of the elevation permitted under these regulations, which Includes parcel Width or length (as applicable), minus requIred minimum setback (g) Rear Yard Setback. 25 feet 7 (h) Additional Rear Stepback Above 14 Feet in Height. For new structures or additions to eXisting structures, any portion of the rear bUilding elevation above 14 feet exceeding 75 percent of the maximum bUildable rear elevation shall be stepped back from the rear setback line an additional average amount equal to four percent of parcel depth, but In no case resulting In a reqUired stepback greater than 10 feet (I) Side Yard Setback. Ten percent of the parcel width or a minimum of three feet SIX Inches, whichever IS greater, but In no case greater than 15 feet (See also Santa Monica MUniCipal Code Section 9 04 10 02 190 ) (J) Additional Side Stepbacks Above 14 Feet in Height. For new structures or additions to eXisting structures, any portion of the Side bUilding elevation above 14 feet exceeding 50 percent of the maximum bUildable Side elevation shall be stepped back from the Side setback line an additional one foot for every 2 feet 4 Inches above 14 feet of bUIlding height to a maximum height of 21 feet (k) Additional Side Stepback Above 21 Feet In Height No portion of the bUilding, except permitted proJections, shall Intersect a plane commencing 21 feet In height at the minimum sldeyard setback and extending at an angle of 45 degrees from the vertical toward the Interior of the site 8 (I) Modifications to Stepbacks Above 14 Feet in Height. The stepback requirements of subsections (f), (h), 0), and (k) of this Section may be modified subJect to the review and approval of the Architectural ReVIew Board If the Board finds that the modifIcation WIll not be detrimental to the property, adjoIning properties or the general area In which the property IS located, and the objectives of the step back requirements are satisfied by the prOVIsion of alternative stepbacks or other bUildIng features which reduce effectIVe mass to a degree comparable to the relevant standard requlrement (m) Second Floor Square Footage. The square footage of the second floor, including the second floor of an accessory bUilding, shall not exceed 26 percent of the parcel square footage Any portion of a first floor's Interior space over 14 feet In height and any square footage for a loft or mezzanine shall be considered as part of the second floor square footage for purposes of thiS subsectIon (m) Second floor balconies or terraces shall not exceed 250 square feet (n) Projections. No bUilding proJections except chimneys, eaves, Sills, cornices, and belt courses shall be permitted In any reqUired Side yard setback area Such chimneys, eaves, sill, cornices, and belt courses shall otherwise comply With the prOVIsions of Santa MOnica MUniCipal Code Section 9 04 10 02 180 The type of proJections allowed Into front and rear yard setback areas and the standards 9 governing these projections shall be established by Santa Monica MunicIpal Code Section 9 04 10 02 180 (0) Front Yard Paving. No more than 50 percent of the reqUired front yard area Including dnveways shall be paved, except that lots With a width of 25 feet or less may have up to 60 percent of the reqUired front yard area paved (p) Driveways. No more than one dnveway per parcel to a public street shall be permitted on parcels less than 100 feet In width. (q) Basements and Subterranean Garages. No basement or subterranean garage shall extend Into any reqUired yard setback area, except for any basement or garage located beneath an accessory bUilding which IS otherwise permitted Within a yard area, If such basement, semi-subterranean or subterranean garage IS located at least fIve feet from any property line (r) Access to Basements and Subterranean Garages. (1) Up to a total of 50 square feet of area In the side and rear yards may be utilized for IIghtwells or stairways to below-grade areas of the main bUilding and any accessory bUildings No portion of the Ilghtwell or stairway may proJect above grade (2) No excavation shall be permitted In the reqUired front yard, including driveways 10 (5) Roof Decks. Roof decks shall be set back at least three feet from the minimum side yard setback The height of any of the raIlings or parapets associated with such roof decks may not exceed the maximum allowable bUilding height for the structure (t) Accessory Buildings. On corner lots, two story accessory bUildings shall only be located on the Intenor sldeyard and shall be developed In accordance with Santa MOnica Municipal Code Sections 9041002110 and 90414 110 Two story accessory bUildings located on interior lots shall be developed In accordance With Santa Monica MUniCipal Code SectIons 9 04 10 02 110 and 9 04 14 110 One story accessory bUildings shall be developed In accordance With Santa Monica Municipal Code Sections 9 04 10 02 100, 9 04 10 02 110, and 9 04 14 110 7 Architectural Review. No bUIldIng or structure shall be subJect to architectural review pursuant to the proVIsions of Chapter 9 32 of the Santa MOnica Municipal Code except (a) Properties Installing roof or bUilding-mounted parabolic antennae (only With respect to the antennae and screening), (b) Duplexes 11 (c) Any structure above fourteen feet In height that does not conform to the required yard stepbacks for structures above fourteen feet In height Any applicant for a development subJect to architectural revIew under these prOVIsIons shall provide certIfication of notice to all owners and commercial and reSidentIal tenants of property Within a radiUS of three hundred feet from the extenor boundanes of the property Involved In the application, not less than ten days In advance of Architectural ReView Board consideration of the matter, which notice and certifIcation thereof shall be In a form satisfactory to the Zoning Administrator 8 Fifty percent addition. Parking shall be provided In accordance With the proVIsions of Part 9 04 10 08 of the Santa Monica MUniCipal Code, Off Street Parking ReqUirements, If the pnnclpal bUilding on the parcellS substantially remodeled or, If fifty percent or more addItional square footage IS added to the pnnclpal bUilding at anyone time, or Incrementally, prOVided the aggregate addition IS five hundred square feet or more SECTION 3 This ordinance shall be of no further force and effect forty-five (45) days from the date of Its adoption, unless prior to that date, after a public heanng, noticed 12 pursuant to Santa MOnica MUnicipal Code Section 9 04 20 22 050, the City Council, by maJonty vote, extends thiS interim ordinance SECTION 4 ThiS Ordinance IS declared to be an urgency measure adopted pursuant to the provisIons of Section 9 04 20 16 060 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 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, IS 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 unconstitutional by a decIsion of any court of 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 unconstttutlonal 13 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 pubhshed once In the official newspaper Within 15 days after Its adoption ThiS Ordinance shall become effectlve upon Its adoptIon APPROVED AS TO FORM {k.,ALA fL-,~ L MARSHA JQNES MOUTRIE . City Attorney 14 4~rJ , Robert Holbrook, Mayor State of Cahforma ) County of Los Angeles ) S8 CIty of Santa Momca ) I, Mana M Stewart, Cny Clerk of the CIty of Santa Momca, do hereby certIfy that the foregomg Ordmance No 1921 (CCS) was mtroduced and adopted on August 18, 1998 by the followmg vote Ayes CouncIl members Genser. Holbrook, O'Connor, Rosenstem, Feinstein Noes CouncIl members Ebner. Greenberg Abstam CounCIl members None Absent CouncIl members None \,. ATTEST ~ ~\.u.~~ Mana M Stewart. CIty CJerk -