SR-8-A (75)
LUTM:PB:DKW~bz/k:ordre
Council Mt~: March 16, 1993
8-A
~lj.l~, l 6 1913
Santa Monica, California
TO: Mayor and City Council
FROM: City staff
SUBJECT: Recommendation to Extend For One Year Interim
Ordinances 1581 (CCS), 1628 (CCS), 1629 (CCS) and 1632
(CCS), and to Adopt a 45-day Interim Ordinance Renewing
Ordinance 1595 (CCS)
INTRODUCTION
This report recommends that four of the interim ordinances
referenced be extended for an additional year, and that Ordinance
1595, which has expired, be renewed for an initial period of
45-days.
Development of permanent ordinances replacing these
interim ordinances has been delayed due to staffing vacancies
and other projects.
BACKGROUND
Ordinance 1581 established restrictions on the placement of
basements and subterranean garages in the Rl single family
district, prohibiting such areas from encroaching beyond the
footprint of any structures on the site. This ordinance expires
on April 16, 1993. On February 23, 1993, the Council considered
amendments to the Rl standards, including revisions which would
replace Ordinance 1581. The Council directed various revisions
to the proposed standards, which are scheduled to return for
council action on April 27, 1993.
The ordinance adopting the
revisions will be structured to replace Ordinance 1581.
Ordinance 1628 established special standards in the OP2 district,
including provisions affecting upsloping lots and standards
- 1 -
R-A-
~4'~
.
i l :}-i
requiring added unexcavated yard area for lots between 50 and 70
feet in width. Ordinance 1629 created special standards for the
R2R district, including lowering the maximum height by five feet
and creating a special allowance for front porches. Ordinance
1632 added to existing limits on excavation of yard areas in
residential districts. Specifically, a new requirement that 50
percent of the front yard be unexcavated was established. Staff
intends to incorporate standards reflected in these ordinances in
a permanent ordinance addressing a variety of height and bulk
concerns in a number of the mUlti-family districts.
Ordinance 1595 established special development standards along
Ocean Park Boulevard between Lincoln Boulevard and 25th street,
principally creating a two-story height limit and special
stepback provisions in lieu of the three-story limit otherwise
permitted in the R3 district. Permanent Zoning Ordinance changes
replacing this ordinance would be included in the city-wide
height and bulk ordinance referenced above which staff plans to
initiate at the Planning Commission in Summer 1993. Due to an
oversight, Ordinance 1595 expired in August 1992. The attached
ordinance would renew the ordinance and extend it for an initial
period of 45-days, with a subsequent extension to return to
council. No projects were filed during the period the ordinance
was not in effect.
BUDGET/FINANCIAL IMPACT
The recommendations of this report would have no budget or
financial impacts.
- 2 -
RECOMMENDATION
It is respectfully recommended that the City Council adopt the
attached ordinances, extending Ordinances 1581, 1628, 1629, and
1632 for one year from their current expiration dates, and
renewing Ordinance 1595 for a 45-day period.
Prepared by: D. Kenyon Webster, Planning Manager
Paul Berlant, LUTM Director
k/ordre
March 10, 1993
- 3 -
CA:RMM:rmd1245/hp/pc
city Council Meeting 3-16-93
Santa Monica, California
ORDINANCE NUMBER 1672(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA EXTENDING THE MORATORIUM
ON CONSTRUCTION OF BASEMENTS AND UNDERGROUND GARAGES
BENEATH REQUIRED YARDS IN THE R-l ZONE DISTRICT 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 Zoning Ordinance does not contain development
standards for subterranean garages and basements in the R-l Zone
District.
(b) On more than one recent occasion, basements or
subterranean garages have been excavated to within eighteen
inches of the sidewalk.
(c) The construction of subterranean garages and basements
that extend beyond the footprint of structures into required
front, side and rear yards creates an inability to realize
groundwater recharge from rain and garden watering.
- 1 -
(d) The construction of subterranean garages and basements
that extend beyond the footprint of structures into required
front, side and rear yards will also have the effect of creating
more groundwater run-off.
(e) The construction of subterranean garages and basements
that extend beyond the footprint of structures into required
front, side and rear yards will intensify the use of land in the
R-1 Zone District beyond the level of intensity that was
intended.
(f) The Zoning Ordinance contains development standards
which govern the construction of subterranean garages and
basements in mUlti-family residential zones.
(g) The Zoning Ordinance requires reV1ew and revision as
it pertains to the construction of subterranean garages and
basements in the R-1 Zone District.
(h) Pending completion of review and revision of the
Zoning Ordinance as it pertains to construction of subterranean
garages and basements in the R-1 Zone District, it is necessary
to establish an interim control measure that will prevent further
construction of subterranean garages and basements that extend
into required front, side and rear yards in the R-1 Zone
District.
(i) To address the concerns described above, on January 9,
1990 the city council adopted Ordinance Number 1508 (CCS) for a
period of ten months and fifteen days. On April 16, 1991 the
- 2 -
city council adopted Ordinance Number 1581 (CCS) extending the
provisions of the moratorium for a period of two years.
Ordinance Number 1581 (CCS) is due to expire on April 16, 1993.
Revisions to the Rl Single Family District development
regulations have been in progress since 1991. In October 1992, a
Planning Commission staff report was circulated on the revisions,
including standards replacing those of Ordinance Number
1581(CCS) . In January 1993, the Planning commission held a
public hearing regarding the revised R1 standards, and
recommended adoption of the revisions to the city Council. In
February 1993 the City council held a public hearing regarding
the revisions, and gave direction to staff to return a revised
Ordinance for first reading. It lS anticipated that the Rl
Ordinance will be considered by the City council within the next
few months. Pending adoption of permanent revisions to the R1
standards, it is necessary to extend the provision of Ordinance
Number 1581 (CCS) for the reasons set forth above.
SECTION 2. Moratorium.
(a) A moratorium is hereby placed on the acceptance for
processing of any applications for approval of planning,
building, or other City permits in the R-l Zone District for the
construction of subterranean garages and basements that extend
beyond the footprint of any structure into required front, side
or rear yards.
(b) city staff is
applications filed after
hereby
November
directed to disapprove all
14, 1989, for approval of
- 3 -
planning, building or other City permits for the construction of
subterranean garages and basements that extend beyond the
footprint of any structure into required front, side or rear
yards in the R-1 Zone District.
SECTION 3. This Ordinance was initially adopted by
Ordinance Number 1508 (CCS) on January 9, 1990, for a period of
ten months and fifteen days. On April 16, 1991 the City Council
adopted Ordinance Number 1581 (CCS) extending the provisions of
the moratorium for a period of two years. The purpose of this
Ordinance is to extend the provisions of Ordinance Number 1581
(CCS). This Ordinance shall be of no further force or effect one
year from its date of adoption, unless extended in the manner
required by law.
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. There is a current and
immediate threat to the public health, safety, and welfare. It
is necessary for preserving the public peace, health, safety, and
welfare 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.
- 4 -
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 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.
APPROVED AS TO FORM:
'" r..... . j---
\ \ - I '-.1-/,
\~~I~~L'~
~qSEP~ LAWRENCE .
\.~ting City Attorney
- 5 -
Adopted and approved this l6th day of March, 1993.
a /Y/l.
r Mayor
I hereby certify that the foregoing Ordinance No. 1672 (CCS)
was duly and regularly introduced at a meeting of the city
council on the 16th day of March 1993; that the said Ordinance
was thereafter duly adopted at a meeting of the city Council on
the 16th day of March 1993 by the following council vote:
Ayes: Councilmembers: Abdo, Genser, Greenberg,
Holbrook, Olsen, Rosenstein,
Vazquez
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: None
ATTEST:
p;/ ~~Lf11~
~~ity clerk/
City Council Meeting: 3-16-93
Santa Monica, California
ORDINANCE NUMBER l673 (CCS)
(City council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA MODIFYING TKE 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.
(c) The Zoning ordinance requires review and revision as it
pertains to the appropriate development standards for the OP-2
Zoning District.
- 1 -
(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 the neighborhoods
with sloping sites, thereby preventing development inconsistent
wi th existing land uses in 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) On May 12, 1992 the City Council adopted a 45 day
interim ordinance establishing standards for the OP-2 District to
prevent the construction of incompatible buildings on sloping
parcels.
(g) On June 2, 1992 the City Council adopted Ordinance 1628
(CCS) establishing standards for the OP-2 District to prevent the
construction of incompatible buildings on sloping parcels.
(h) 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. Revisions to the zoning
Ordinance replacing the standards of this ordinance are expected
to be presented to the Planning Commission in the next six
months. It is necessary to extend these standards for up to one
year to allow for the development of the permanent standards.
- 2 -
SECTION 2. Interim Zoning.
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:
(I) The project complies with existing OP-2 property
development standards, except for building height and unexcavated
s ideyards, set forth in Chapter 1 of Article IX of the Santa
Monica Municipal Code.
(2) 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:
(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
- 3 -
to the existing grade of the parcel to a distance of 30 feet from _ ~
the front parcel line.
(e) 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 3' 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 9.04.10.02.170 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
- 4 -
in excess of 70 feet in width, shall provide an un excavated area .
of at least 4 feet in width along the entire length of both side
yards.
(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 March 16, 1994.
SECTION 5. This Ordinance is declared to be an urgency
measure adopted pursuant to the provisions of Section
9.04.20.l6.060 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 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
- 5 -
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 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:
~~
~se~h Lawrence, Acting city Attorney
PCjORD1628N
- 6 -
Adopted and approved this 16th day of March, 1993.
() I-//t
"'"'It Mayor
I hereby certify that the foregoing Ordinance No. l673 (CCS)
was duly and regularly introduced at a meeting of the city
Council on the 16th day of March 1993; that the said Ordinance
was thereafter duly adopted at a meeting of the City council on
the 16th day of March 1993 by the following council vote:
Ayes: Councilmembers: Abdo, Genser, Greenberg,
Holbrook, Olsen, Rosenstein,
Vazquez
Noes: Councilmembers: None
Abstain: councilmembers: None
Absent: Councilmembers: None
ATTEST:
~11~
________ - city Clerk /
City Council Meeting: 3-16-93
Santa Monica, California
ORDINANCE NUMBER 1674 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA MODIFYING THE DEVELOPMENT
STANDARDS IN THE R2R 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) 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
storiesj25 feet for a structure with a flat roof or 2 storiesj35
feet for a structure with a pitched roof, is currently higher
than any residential district in the Ocean Park area with the
exception of the OP-4 High Multiple Residential District.
- 1 -
(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 enhanced by its
narrow streets, pedestrian scale structures, street facing
entrances, and numerous front porches.
(f) The potential for development to the currently specified
height limit in the R2R 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.
(g)
pertains
District.
The Zoning Ordinance requires review and revision as it
to the appropriate development standards for the R2R
(h) pending completion of this review and revision, it is
necessary to modify on an interim basis the existing zoning to
prevent development in the R2R District from being constructed
without a design amenity of a front porch and up to a height of
35 feet, thereby preventing development inconsistent with
existing land uses in and the general character of the R2R and
OP-2 Districts.
(i) On April 23, 1991, the city Council adopted an ordinance
establ ishing interim standards for the R2R District to prevent
the construction of incompatible buildings.
- 2 -
(j) On May 12, 1992 the City Council adopted a 45 day -
interim ordinance establishing standards for the R2R District to
prevent the construction of incompatible buildings.
(k) On June 2, 1992 the City Council adopted Ordinance 1629
(CCS) establishing standards for the R2R District to prevent
the construction of incompatible buildings.
(1) Two pUblic workshops have been conducted to gather
public input on the proposed changes to the R2R 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. Revisions to the Zoning
ordinance replacing the standards of this ordinance are expected
to be presented to the Planning Commission in the next six
months. It is necessary to extend these standards for up to one
year to allow for the development of the permanent standards.
SECTION 2. Interim Zoning.
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 unless the following findings are made:
(1) 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.
- 3 -
(2) 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) The project provides a building entrance oriented toward
the street, however the front door need not be parallel with the
front street. Pursuant to Santa Monica Municipal Code Section
9.04.10.02.180, 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.
SECTION 3. This Ordinance shall not apply to any project the
application for which was deemed completed on or before May 12,
1992.
SECTION 4. This Ordinance shall be of no further force and
effect as of March 16, 1994.
SECTION 5. 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 6. Any provision of the Santa Monica Municipal Code
or appendices thereto inconsistent with the provisions of this
- 4 -
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
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:
\\ (). r
// v'2.( ~t~ L\...'-1..fI\...~
t I 1 -./
\~oseph Lawrence, Acting city Attorney
PCjORD1629N
- 5 -
Adopted and approved this 16th day of March, 1993.
/J~t
~, Mayor
I hereby certify that the foregoing Ordinance No. 1674 (CCS)
was duly and regularly introduced at a meeting of the city
Council on the 16th day of March 1993; that the said Ordinance
was thereafter duly adopted at a meeting of the city Council on
the 16th day of March 1993 by the following Council vote:
Ayes: Councilmembers: Abdo, Greenberg, Holbrook, Olsen,
Rosenstein, Vazquez
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: Genser
ATTEST:
CA:MHS:cbdoc014/hp/pc
city Council Meeting 3-16-93
Santa Monica, California
ORDINANCE NUMBER 1675{CCS}
(city Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA EXTENDING THE INTERIM
ORDINANCE RELATED TO PERMITTED
ENCROACHMENT INTO UNEXCAVATED PORTIONS OF
REQUIRED FRONT AND SIDE YARD SETBACKS
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 landscaping standards contained in the City of
Santa Monica Comprehens i ve Land Use and Zoning ordinance are
intended to preserve and protect the public health, safety and
welfare through the maintenance of adequate drainage and
groundwater percolation capability, as well as to enhance the
aesthetic appearance of development in all areas of the city by
providing standards for quality, quantity, and functional aspects
of
landscaping
and
landscape
screening
consistent
with
Architectural Review Board Guidelines, and the goals, objectives,
and policies of the General Plan.
(b) In the recent past, the pace and density of
development in the city has accelerated, and developers have
- 1 -
.
increasingly excavated parcels and encumbered the soil with
subterranean and semi-subterranean structures which impede
adequate drainage and percolation and detrimentally impact the
long term success of landscaping required by the Zoning
Ordinance.
(e) Only unexcavated and unencumbered soil can adequately
provide for the water drainage and percolation and landscaping
required to preserve and protect the public health, safety and
welfare.
(d) In response to an immediate threat to the public
health,
safety
and
welfare
from
increasing
numbers
of
developments not containing adequate unexcavated and unencumbered
soil, on May 12, 1992, the city Council enacted Ordinance Number
1627 (CCS) to preserve and protect the public health, safety, and
welfare.
On June 9, 1992 the city council enacted Ordinance
Number 1632 (CCS) extending the provisions of Ordinance Number
1627 (CCS) to May 13, 1993.
(e) There exists an immediate threat to the public
health, safety and welfare, through development which does not
provide for adequate water drainage and percolation and
successful landscaping, and approval of additional subdivisions,
use permits, variances, building permits, or any other applicable
entitlement for use which is required in order to comply with a
zoning ordinance without providing with same, would result in a
threat to public health, safety, and welfare.
- 2 -
-
(f) In order to preserve and protect the public health,
safety and welfare from the increasing number of developments
that are being proposed Wh1ch do not contain adequate unexcavated
and unencumbered soil, it is necessary to extend Ordinance No.
1632 (CCS) for a period of one year.
Revisions to the Zoning
Ordinance replacing the standards of this Ordinance are expected
to be presented to the Planning Commission within the next six
months.
SECTION 2. Unexcavated Area and Landscaping in Front and
Side Yards.
(a) Any lot having a width of 50 feet or greater which is
located in a residential or BCD District or which is a commercial
or industrial lot directly abutting a residentially zoned lot not
used for commercial parking purposes, shall have provided and
maintained an unexcavated area along the entire length of the
front property line equal in area to at least 50 percent of the
required front yard and equal to four (4) feet in width along the
entire length of at least one of the side property lines, except
to the extent necessary to provide parking access pursuant to
Municipal Code Section 9044.8 and section 9044.9.
For lots in
excess of 70 feet in width, an unexcavated area four feet in
width along the required side yards shall be provided and
maintained along the entire length of both side property lines.
Subterranean, semi-subterranean parking structures, basements,
and other subterranean facilities may not project into any
portion of the required unexcavated areas. At least 50 percent
- 3 -
of the surface areas of the required unexcavated areas shall be
landscaped pursuant to the provisions of subchapter 5B.
(b) On any lot in a residential District that has a width
of less than 50 feet, there shall be provided and maintained an
unexcavated area along the entire length of the front property
line equal in area to at least 50 percent of the required front
yard setback, except to the extent necessary to provide parking
access pursuant to Municipal Code Section 9044.8. Subterranean,
semi-subterranean parking structures, basements, and other
subterranean facilities may not project into any portion of the
required unexcavated area. No side yard setback for subterranean
or semi-subterranean parking structures or basements is required;
however, at least 50 percent of the surface area of one required
sideyard shall be landscaped. The required landscaped area may
be located in any arrangement within one or both required side
yard setbacks.
SECTION 3. Required Landscape Area for Building Sites.
(a) On any lot having a width of 50 feet or greater which
is located in any residential District, including the RVC
District, a minimum of 50 percent of the required front yard
setback shall be landscaped.
(b) On any lot having a width of less than 50 feet and
greater than 30 feet which is located in any residential
District, including the RVC District, a minimum of 50 percent of
the non-driveway areas wi thin the required front yard setback
shall be landscaped.
- 4 -
(c) On any lot having a width of 30 feet or less which is
located in any residential District, including the RVC District,
all areas wi thin the required front yard setback not used for
driveway or walkway purposes shall be landscaped, exclusive of
any permitted building projections.
SECTION 4. Subterranean
subterranean parking structures
maintained as follows:
Parking structures. All
shall be constructed and
(a) All openings for ingress and egress facing the front
parcel line shall be situated at or behind the front building
line of the main building. There shall be no more than two (2)
openings facing the front parcel line for each main building.
(b) A subterranean parking structure may be constructed
and maintained in any required yard area except in the required
unexcavated areas of the front and side yards.
SECTION 5. Semi-Subterranean Parking Structures. A
parking structure shall be considered to be semi-subterranean if
the structure is partially underground and if the finished floor
of the first level of the building or structure above the parking
structure does not exceed three (3) feet above the average
natural or existing grade of the lot, except for openings for
ingress and egress. A semi-subterranean parking structure shall
not be counted as a floor or story for calculating building
height. All semi-subterranean parking structures shall be
constructed and maintained as follows:
- 5 -
(a) All openings for lngress and egress facing the front
parcel line shall be situated at or behind the front building
line of the main building. There shall be no more than two (2)
openings facing the front parcel line for each main building.
(b) A subterranean parking structure may be constructed
and maintained in any required yard area except in the required
unexcavated areas of the front and side yards.
(c) Exits from any semi-subterranean parking structure
shall provide sight distances which comply with standards
established by the Parking and Traffic Engineer.
SECTION 6. Applicablli ty. The City Council adopted the
policy set forth in this Ordinance on June 4, 1991. Any
development applied for after June 4, 1991, and not approved on
the effective date of this Ordinance, shall be conditioned to
comply with thls Ordinance.
SECTION 7. This Ordinance is declared to be an urgency
ordinance adopted according 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 8. This ordinance shall be of no further force and
effect on March 16, 1994 unless extended in the manner required
by law.
- 6 -
SECTION 9. 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 affect the provisions of this ordinance.
SECTION 10. 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
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 11. 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 immediately upon its adoption.
APPROVED AS TO FORM:
@~~~(~~
J EPH LAWRENCE
Ac ing City Attorney
- 7 -
. .
Adopted and approved this 16th day of March, 1993.
(~ 4/i
11 Mayor
I hereby certify that the foregoing Ordinance No. 1675(CCS)
was duly and regularly introduced at a meeting of the city
Council on the 16th day of March 1993; that the said Ordinance
was thereafter duly adopted at a meeting of the City Council on
the 16th day of March 1993 by the following council vote:
Ayes: Councilmembers: Abdo, Genser, Greenberg,
Holbrook, Olsen, Rosenstein,
Vazquez
Noes: Councilmembers: None
Abstain: Councilmernbers: None
Absent: Councilmernbers: None
ATTEST:
kfM~
------ Ci ty Clerk /
CA:RMM:jld620/hpc/pc
city council Meeting 3-16-93
Santa Monica, California
ORDINANCE NUMBER 1676(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA REVISING DEVELOPMENT STANDARDS
ALONG OCEAN PARK BOULEVARD
BETWEEN LINCOLN BOULEVARD AND 25TH STREET
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) Al though Ocean Park Boulevard between Lincoln
Boulevard and 25th Street (hereinafter referred to as the
"affected area II ), 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.
- 1 -
(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
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 permlts 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. On
August 13, 1991 the City council adopted Ordinance Number 1595
(CCS) extending the provisions of the interim ordinance for one
year. Ordinance Number 1537 (CCS) expired on August 13, 1992.
The findings and conditions in effect at that time are still
applicable, and it is necessary to re-enact the interim modified
- 2 -
zon1ng in order to complete the review and revislon process as 1~
pertains to the appropriate zoning for the affected area.
Revisions to the Zoning Ordinance replacing the standards of this
ordinance are expected to be presented to the Plann1ng Commission
within the next SiX months.
SECTION 2. Interim Zoning.
(a) No proJect shall be approved for any residentially
zoned property on Ocean Park Boulevard between Lincoln Boulevard
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 perIn tted on a parcel of less than 4,000 square
feet if a single family dwelling existed on the parcel on
September 8, 1988.
(3) Maximum Parcel Coverage. 50 percent.
(4) Minimum Parcel Slze. 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 Districtlng Map, whichever is greater. At least 24%
- 3 -
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 the 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 than 4 feet.
For lots 50 feet in width or greater, the
sIde yard setback shall be determIned in accordance with the
following forMula:
5' + (stories x lot width)
50'
Portions of 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 followIng mInImum amounts of usable prIvate open 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 adjacent to, accessIble from, and at the same or approximate
elevation as the prImary space.
(8)
Required Landscaping.
All property sha 11 be
developed in accordance WIth the R2 standards In Subchapter 5B of
the Santa MonIca MunIcipal Code including the follOWIng:
- 4 -
(a) A ~~nlmum of 50% of both requlred side yara
setbacks shall be landscaped.
(b)
mlnlmum helght of 12
setback.
A TIlnlmUm of two 3611 box trees with a
feet shall be planted in the front yard
(b) Th~s Ord~nance shall apply to any appllcations for
planning, building, or other city approvals deemed complete after
March 23, 1993.
SECTION 3. ThlS Ordlnance shall be of no further force and
effect 45 days from 1 ts adopt lon, unless prlor to that date,
after a public hearlng, noticed pursuant to Santa Monica
Municlpal Code Section 9.04.20.22.050, the city Council, by
majority vote, extends the interlm ordinance for up to ten months
and fifteen days.
SECTION 4. This ordlnance 1S declared to be an urgency
measure adopted pursuant to the pravlslons of Santa Monica
Municipal Code Sectlon 9.04.20.16.060 and Santa Monlca City
Charter Sectlon 615. It is necessary for preserving the public
peace, health and safety, and the urgency for lts adoption lS set
forth in the findings above.
SECTION 5. Any provlsion of the Santa Monica Municipal
Code or appendices thereto inconslstent wlth the provisions of
this ordlnance, to the extent of such inconslstencies and no
further, are hereby repealed or modified to that extent necessary
to effect the provislons of this Ordinance.
- 5 -
SECTION 6. If any sect1on, subsection, sentence, clause or
phrase of th1s Ord1nance 1S for any reason held to be invalid or
unconsti tutional by a dec1s1on of any court of any competent
jurisdiction, such deC1S1on shall not affect the validity of the
remaining port1ons of th1s Ord1nance.
The City Councll hereby
declares that lt would have passed this Ordinance, and each and
every section, subsectlon, sentence, clause, or phrase not
declared invalid or unconstltutlonal without regard to whether
any portion of the Ordlnance would be subsequently declared
invalid or unconstltutlonal.
SECTION 7.
The Mayor shall sign and the city Clerk shall
attest to the passage of thlS Ordinance.
The Clty Clerk shall
cause the same to be published once ln the official newspaper
within 15 days after lts adoption.
This Ordinance shall become
effective upon adoption.
APPROVED AS TO FORM:
cl?_/l()~~
J ~WRENCE
cting city Attorney
- 6 -
Adopted and approved this 16th day of March, 1993.
/7 tJ./,b
I~ Mayor
I hereby certify that the foregoing Ordinance No. l676(CCS)
was duly and regularly introduced at a meeting of the Ci ty
council on the 16th day of March 1993: that the said Ordinance
was thereafter duly adopted at a meeting of the City Council on
the 16th day of March 1993 by the fOllowing Council vote:
Ayes: Councilmembers: Abdo , Genser, Holbrook, Olsen,
Vazquez
Noes: Councilmembers: None
Abstain: Councilmembers: Greenberg, Rosenstein
Absent: Councilmembers: None
ATTEST:
~/flY~
--- "---""" City Clerk / -