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SR-8-B (59)PCD SF KG ASIf IplanlsharelcouncillstrptlR1 ext wpd Cauncil Mtg Se~tember 22, 1998 TO Mayor and City Council FROM City Staff ~rd,~ ~~~~~c-S . ~ ~~,~,. ~"~,~ ~ ) S~P 2 2 ~ Santa Mon~ca, Californ~a SUBJECT- Recommendation to Adopt an Emergency Inter~m Ordinance Establishmg De~eiopmer~t Standards for the R1 District North of Montana A~enue INTRODUCTI~N TF~ES report recommends that the CEty Council adopt an emergency ir~terim ordmance to extencf for 18 months an ex,stang em~rgency ordinance that established de~elapment skandarcis for the R1 District north a# Montana Avenue On August 19, 1998 the City Council ado~ted a 45-day emergency ordknance establishing interim develo~rr~ent standards in this area This vrdmance wif l exp~re on October 3, 1998 unless the proposed ordinance (Attachment A) is adopted DISCUSSION The 45-day em~rgency ord~nance established development standards for the R1 District ~ocated north af Mantana Avenue This emergency ordinance spplies to all building permit applications fiil~d as of August 19, 1998 The proposed emergency mtenm ord~nance extending these develapment standards for 18 months is necessary to provide the Planning Commission and City Council t~me to study and evaluate permanent revistons to the R1 development standards The emergency intenm ordmance will ensure that developmer~t in the north of Montana area wiil not further alter the exist~ng neighbarhood scale and character while a comprehensi~e study of single family deve[opmen# standards SEP22~g is completed and new development standards are adopted Although #he emergency ~nterim ordinance addresses only R1 deveEo~ment standards in the north of Montana area, the study process will include a compret~ensive analysfs of R1 de~e~opment sta~dards City w~de The City will retain a team of architects #o ass~st m e~aluatmg and rev~sing the City's single fam~Ey development standards Public participatGOn in th~s pracess will be facilitated through workshops canducted with the Plannmg Commiss~on Upon completion of this commun~ty pracess, Plann~ng Commission publ~c hearings will be t~eld to cansider tf~e recammended revisions These ordinance revisio~s wili then be forwarded to City Cou~c~k for final cons~deration In arder to insure adequate t~me to camplete the analysis, cor~duct a community process, and hold public hearings on the proposed permanent Qrd~nance, staff recommends an ~ 8 month extens~on to the emergency Gn#erim ardi~ance BUDGETI~INANCIAL IMPACT The recommendation presented in this report w411 have no budgetary orfmancial impacts REC4MMENDATI~N It is respectfully ~ecommended that the C~ty Cauncil adopt the attached emergency interim ordinance extend~ng the development standards for the R1 D~strict narth of Montar~a Avenue far a per~od of 18 mon#hs ~' °~' ~ U G Prepared by Suzanne Frick, Director Karen G~nsberg, Plann~ng Manager Amanda Schact~ter, Seniar Planner Planr~~ng and Commun~ty Development Department Attachments A: Ordinance B Public Notice .. h wa ~ ~ \~ ATTACHMENT A ~ .. i . e1 ~ . W ~ lATTYlMUN!l~AW51BARRYlR1 NMONTO WPD City Cot~r~cil Meet~ng 9-22-98 Sar~ta M~r~~ca, Cal~forr~~a QRDINANCE NUMBER ~.92~ (CGS) {C~ty Counai Ser~es} AN lNTERIM ORDINANCE OF THE C~TY COUNCiL aF TNE C~TY O~ SANTA MONICA EKTENDING MODi~ICATEO~tS TO THE DEVELQPMENT STANDARDS FOR THE R9 D~57R~CT NORTH OF MONTP~NA AVENUE. OECLARiNG THE PRESENCE ~F AN EMERGENCY THE ClTY C~UNCIL OF THE C1TY QF SANTA MONlCA DOES QRDA}N AS Fo~~.ows SECTI4N 1 Findangs ar~~i Purpase The G~ty Gouncil finds ar~d declares (a) The area of the C~ty baunded ~y Twenty-Sixth Street, Qcean Aven~e. Mar~tar~a A~enue and the no~~ern CEty ffmits. commonly referred to as tt~e Narth ot Mor~tar~a necghborhoaci, contams a m~x Qf modest. older, s~ngf~ stary and two story I~omes and r~ew, substantiafl~ larger dweff~ngs canstr~cted in recEnt years (b} A substant~ai numb~r af existing propertk~s m the Nflrth af Mont~na ~e~ghborhood are s~gn~t~car~tly underc~ev~io~~c! ~n relat~on to the C~ty~s c~arrent allowable deveiopment standards establ~si~ed ~y the City's Zor~mg ~rcS~nance {c) Vtf~t~:r~ t~e past year. real ~state values ~~ the North of Mor~tana nerghborfitood ~ave r~ser~ dfamat~cally Conc~rrent{y, there has been a surge ~n #he cl~mnfitaon flf the older housing aRek rebui~d~ng w~th hous~ng burft to the max~m~m author«ed develo~ment stan~iards Last year, there were twenty f~ve (25) demaf~taon a~~lications f~led for single r fam~ly res~c~ences sn th~s ne~gh~orhaad -- tt~e highest numf~er recorded for a s~ng{e year This #igure representec~ mare than a dou~lmg of th~ number of demo~itiori applications +n ~ 996 anci a f~ve falr~ ~ncrease oWer the n~m~er of appl icat~ons m ti 995 ~d) As af September 1~. 1998, there t~ave a~ready been thirty-six t36~ demoli#ron applieat~ans filed fa~ the year A cont~nuatior~ of th~s trend for the ~emainde~ of the yea~ wa~ld pCace t~e figure ~t almost dau~ie iast year's record (ey Srm~iarly, perm~ts for the constructror~ of new single ~amify resrder~ces 4ast year totaled s~xfeer~ { i 6} Th~s was also a record number of s~ch permRts ~ssueci However, th~s year. twenty-e~ght (28} s~ch permits ha~e already i~~en ~sse~ed Th~s number ~s certarn to r~se gaven #F~e demol~tROn act~vity descr~~ed above (i) There is grave comm~n~ty cor~cern t~at the numi~er of applications fileci for devalo~met~t ~ro~ects wEthsr~ thas r~e~ghborhoc~d w~ll contcnue to escala#e Gcven market conditions arrd the desirabrhty of iivir~~ ~n this area. the Cfty belie~es that ti~ese ~oncerr~s are well-gfounded a~d ant~cspates that tl~~s surge +r~ devela~ment activ+ty wil~ contsr~u~ (g} Ne-n~ ~ouses ~r~ th~s neighborhood are betng de~elope~ to the maxtmum s~ze authorized by the C~ty's Zo~~n~ 4rdir~ance Mast are twa story hauses that are approx~ma~ety ~,Q00 square f~et in s~~e Many of ihese structures conta~n lafts and mezza~~nes betweer~ tt~e ftrst and second fSoars and betv,~e~n the secar~d floor and raaf of a structure W~ile these houses are still technicaliy #wa story, tt~ese lafts and mezzan~nes ~reate the appearance of a three stflry structure ~urtt~er, the secQnd story ~s often buitt w~th very l~ttle art~culat~on in companson to tt~e f~rst story Because of #he camb+n~d he~ght and massmg of these ~auses, t~ey tower over an~ dwarf the exrstmg ad~acent houses ~ a Thes~ new houses are whofEy at odds with the ex~sting scale and character of the neighborhood (h} MucF~ of thES new housing is alsa designed w~th eaves. ch~mneys. bay wmdows, patios, or baicon~es. which pro~ect into the requ~red yard set backs Ti~ese features increase the building's mass and rts impact on ad~oining pr~perties (t) Ir~ addit3on, these redevelo}aed parcels ~fte~ mclud~ a two story aceessory structure andlor second stary additions to exist~ng garages located m the rear and side yard areas When these access~ry structures are located an corner lot~. they s~gn~f~cantly ~ncrease tne sEte~s p~rceived de~elopment mtensi#y ~) The full bu~ld-out of these lots substantially reduces the o~erall amount of open space in the ne~ghborhoad These monalithic structures appear to en~elop smaller ad~acent houses. partrcularly wt~en an older house is sandwiched in between two such structures When these huge houses are ad~acent to one another, they create a walled eff~ct, #ransfarming the street ~nto a canyon ~k) The size and scale of this develapment has a signEficant tietrimer~taf ampact on ad~acent neigF~bors' access #o light and air It also ~mpacts the~r pr~vacy (I) Gi~en the pacE of redevelapment, the amaunt of construction act~~ity in this area afso causes s~gn~ficant disrupt~ar~ and naise probfems for the residents of the area Construct~on mater~als and equipment ar~ often placed ~n the roadway andlor on sidewalks. thereby obstructmg both ~ehicular and ~edestrian traffic Construction fences impact ne~ghbarhood aesthetics 3 tm) 1f development standards establ~shed by #he Zar~~ng Ordinarrce are noi madEfied. additional housmg would be d~veloped that would severely impact exist~ng residences, would be incompatible wrth the existing neighi~orhood scale and character, and would be cor~trary ta the ne~ghborhood's historic devefapment pa#terns (n) The potent~a! far de~elo~ment t~nder the standards establ~shed m the Zoning Ord~nance poses a cutrent and ~mmediate threat to the public health, safety, and welfare ~f th~ res~dents, and the approval of permits for such development would result m a threat to the pubiic healt#~. safety. and welfiare ~o) For the reasons stated abo~e. the Zor~ing Ord~nance requ~res re~iew and re~~sion as it pe~tains to the appropriate devefopment standar~s in the R'f Distnct North of Montana Avenue (p) Pend~~g complet~on of this re~~ew and rev~s~an, in order ta pratect the p~blic health, safety and welfare. ~# ~s necessary on an inter~m bas~s to change current de~elop standards m the following manner I~mit ~ro~ections into the required side yarci set back, requ~re fha# all fv~o stary accessory structures lacateci on corner lots be located at the mter~or side af property, fjmit the second floor square faotage. prohibit front yard excavation. modify front yard setback requirements. and allow two story accessary structures on{y by use permit The ~nterim devefopment standards are necessary to ensure that adec~uate I~ghf, air. pnvacy, and apen space ~s prov~ded for eacfi~ dweliing, that the construct~on is compatible w~th tl~e North of Montana r~eighborhaod. and that the character of the ne~ghborhaod is not trreversibly damaged ~ ~ (q) In I~ght of the above-mentioned concerns. the Gtty CouncEl ado~ted Ord~nance Number ~ 921 {CCS) on August 19, 1998 rnod~fying #he de~elopment standards En the Zan~ng Ordmance Howe~er, that ordmance expires on October 3, 1998 (r) As described above. there exists a curren# and ~mmed~ate threat to the public safety, health. and welfare should this ~nterrm ordfnance not be adopted and should de~elopment inconsistent with the contemplated re~isions to the development standards to the R1 distract north of Mantana be allowed to occur Approval of adc~itional de~elopment inconsistent with the following proposed ~nterim standards wauld result ~n a threat to pu~lic health. safety, or welfare Theref~re it is necessary to establish on an interim basis the follawin~ development standards ~or th~ R1 District NoKh of Montana Avenue SECTION 2 InterEm Zonmq C~ty staff is d~rected to d~sapprflve afi building permit applicatior~s filed after August 18, 1998 for any residential development pro~ect in the R1 Distnct NQrth of Montana Avenue unless the pra~ect complies w~th the foElow~ng development standards 1 Permitted Uses. All uses perm~tted in Section 9 04 08 02 020 af the Santa Monica Municipal Code. except two story accesso~y buildmgs 2 Uses Subject to Per#armance Standards Permit. AI! uses permitted by Performance Standards P~rmEt m Section 9 04 D8 02 030 of the Santa Mon~ca Munic~pal Code ; y 3 Uses Sub~ect to Use Permit. All uses perm~tted by Use Perm~t in Sect~on 9 04 08 Q2 040 of the Santa Mon~ca MunECipal Code !n addition, two story accessory buiidings shal~ be sub~ect to a Use Perm~t 4 Conditionally Permitted Uses. All ~ses permitted by Conditional Use Permit in Section 9 0~ OS ~2 OSQ of the Santa MonECa Municipaf Code 5 Prohibited Uses All uses proh~bited in 5ect~ot~ 9 D4 08 02 060 o#the Santa Monica Mun~cipal Code 6 Property Development Standarc~s. All praperty shall be developed in accordance wath the fallowmg standards ~a) Maximum Buifc~ing Height. ('i ) One story, not to exceed 18 feet, which inclUdes all i~uilding elements except chimneys and rec~urred vents, if str~ctures exceed a max~mum parcel cove~age of 4D ~eTCent, (2) Two stories, not to exceed 2$ feet, wh~ch ~ncludes all building elements except chimneys and required vents. if structu~es do not exceecE a maximum parcel co~erage of 40 percent, (3) ~n lots of more than 20.000 square fee# with a mmimum front parcel line dimens~on of 200 fEet, the he~ght shall nat exceec! 35 feet for a pitched roof or 28 feet for other types of roofs (b) Maximum Un~t Density. One dwell~ng un~t per parcel, except where a Use Permit has beer~ appraved ~or a duplex as permitted by Santa Mon~ca Mun~c~pal Code Sect~on 9 04 08 02 04~(a) 6 (c) Minimum Lot Size, ~,000 square feet Each parcel shalf contam a minrmum depth af 100 f~et and a m~n~mum wEdth of 50 feet except any parcel exist~ng on the effective date of this Chapter sha4l nat be sub~ect to this requirement (d) Maximum Parcel Coverage. 40 percent f~r two story structures except that parcels t~etween 3,001 a~d 5,~00 square feet may have a parcef coverage of a0 percent, and parcels of 3,0~0 square #eet or smaller may have a parcel coverage af 6Q percer+t 50 percent fa~ one story structures (e) Front Yard Setback. The au#hori~~d setback shall be either (1) the setback shown on the Off~cial Districtmg Map of the City, (2) 20 feet, or (3) the a~erage of the front yard setback of the two ad~acent structures, whiche~er of these #hree is greater ~f) Additionat Frant Stepback Abo~e 14 Feet in Height Far new structures or addit~ons to existing struct~res, any portion of the front building ele~ation above 14 feet exceed~ng 75 percent of tY~e max~mum bufldable front elevat~on shall be stepped back from the front setback lin~ an additional average amount equal to four perceni of parcel depth, but ~n no case resulting ~n a requ~red stepback greater than 10 feet As used in this Ord~nance. 'maximum buildable elevat~on~~ shall mean the maximum potent~af length of the elevation 7 . perm~t#ed under these regulations. which meludes ~arcel width or length las applfcable], m~n~s rEqu~red minimum setback (g} Rear Yard S~tback. 25 #eet (h) Additional Rear Stepback Above 14 Feet in Height. For new str~ct~res or add~t~or~s to exis#mg structures. ar~y port~an of the rear building elevation abo~e 'f 4 feet exceeding 7~ percen# of the maximum bu~ldable rear ele~ation shall ~e stepped back from the rear se#back I~ne an addational average amount ec~ua! to four percent of parcel depth. but in no case resultEng in a requ~red stepback greater than 10 feet (i} Side Yard Setback. Ter~ percent of the parcel width or a m~nimum of three feet s~x inches. whiche~er is greater, but m no case greater tha~ 1~ feet (See aEso Santa Monica Munic~~al Code Section 9~4 ~002190} (~) Additional Side Stepbacks Abo~e 14 Feet in Height. Far new structures or additions ta existing structures. any portEOn of the side bu~lding el~vation above ~ 4 feet exceeding 50 percent of the maximum bu~ldabie s~de elevation sha11 be stepped back from the sicle setback line an additional one f~ot for every 2 feet 4 inches above ~ 4 feet of build~ng height to a max~mum hEEght of 21 feat (k) Additional Side Stepback Above 21 Feet In Height No port~on of the bu~lding_ except perm~tted protections. shalf mtersect a plane 8 . . commenc~ng 21 feet in height at the minim~m s~deyard setback and extend~ng at an angle ofi 45 degraes from the ~erticai toward the interEOr of the site ~~) Madifications to Stepbacks Abo~e 14 Feet in Height. The stspback req~irements of subsect~ons (f). ~h), ~), and {k) of thi5 Sectcon may be mod~fied sub~ect to the review and approval of the Arch~tectural Review Board if the Board finds that the modification will not be detr~mental to the property, ad~o~ning properties or the genera! area in ~rhich th~ property ~s locater~. and the ob~ect~ves of the stepback req~irements are sat~sf~ed by the prow~s~on of alternative stepbacks ar ather bu~ld~~g featu~es wh~cE~ reduce effectave mass to a degree camparab~e to t~e reRevant star~dard sequifemer~t tm} Second Floor Square ~ootage The square footage of the seconci fl~or, mclud~ng the second fiaor of an accessory building, shaiE nat exceed 26 percent of the parcel square fiootage Any port~an of a first floor's ~nter~or space flver 14 feet in Rnterior height and any square foatage for a lof# or mezzanine shall be cons~dered as part of the second flaar square footage for purposes af th~s subsection ~m} Second floor balcon~es or terraces shall nat exceed 2~Q square feet (n) Pro~ections. No ~uilding pro~ectior~s except ch3mneys, eaves. s~lfs, corn~ces, and belt caurses shall be permitted in any required side yard setbac~: area Such ch~mneys, eaves, sill, corr~ices, and belt 9 a courses shall otherw~se campiy with the prov~sior~s o~ Santa Monica Munieipal Code Sectron 9~~ ~ 0 02 180 The type of ~ro~ec#rar~s allowed into front and rear yard setfaaclc areas and fhe standards goveming tl~ese pra}ectEOns shall be established by Santa Monica Municipal Code Sect~on 9 44 10 02 180 (o) Front Yard Paving. No more than 50 percent af the requ~reci front yard area including driveways shall be pa~ed. except that lots with a wEdth of 25 feet or less may have up to 60 percent af tY~e requ~red tron# yarcf area paveef (p) Dri~eways. No mor~ than ane dr~veway per parce~ #o a pub~ic s#reet sha11 be perm3tted on parcels less thar~ 100 feet ~n widtfi~ (q) Basements and Subterranean Garages. Na basement or sul~terranean garag~ shall Extend into any requ~red yard setback area excep# for any basement or garage kacated beneath an accessory bu~ldmg wh~ch is otherwise perm~tted with~~ a yard area, ~f such basement, sems-subterTanean or subterranear~ garage fs iocated at least fi~e feet from any property line (rl Access to Basements and Subterranean Garages. {1) Up to a total of 50 square feet of area ir~ the s~de and rear yards may be ut~l~zed for lightwells or $tairways to befaw-grade areas of the ma~n b~ilding and any accessory buEldings No portian of the 1~ghtwell or staErway may pro~ect above grade 10 (2} No excavat~on shall be permitted En the requ~red front yard, ineluding dri~eways (s) Roof Decks. Raof decks shall be set back at least three feet fram the minimum side yard setback The height of any of the railings or parapets assoaated w~th such roof decks may not exceed #he maximum ailowable bu~ld~ng height for the structure (#) Accessary Buildir~gs, an carner tots, twa story accessory burld~ngs shall anly be located an the ~ntenof s~deyard and shall be developed in accordance with Santa Mon~ca Municipal Code Sectians 9 04 10 02 114 and 9 04 14 110 Two story accessory bu~ld~ngs iocated o~ inter~or lots shall be de~eloped m accordance with Santa MonECa Mun~capa! Code Sections 9 04 1 D 02 110 and 9 04 14 'i 10 One story accessory bualciings shall be developed Gr~ accardance with San#a Mon~ca MUnrc~pa~ Coc~e Sections 9 04 # 0~2 ~ D~, 9 04 10 02 110, and 9 04 1 a 110 7 Architectural Review. No b~ildmg or structure shall be sub~ect to architectural review pursuan# to the pro~~s~ons of Chapter 9 32 af the Santa Monica Munic~pai Code except (a} Propertjes installmg roof ar bu~iding-mounted paraboiic antennae {only with respect to t~te arztennae and screen~rzg), ~b) Duplexes SECTION 7 Tfi~e Mayar shaif sign and the C~ty Clerk shall a#test to the passage of this Qrdinance TF~e City Clerk shafl cause the same to be published once in the official newspaper with4n 1 S days after ~ts adopt~on This Ordrnance shal! become effective upon ~ts adop#ion AP~RQVEQ AS TO FQRM ~ ~ MARSHA JON~~ MOUTRIE C~ty Attorney l~ r , t ~~ Robert Holbrook. '_1~1a~ or State ot Californ~a ) Count~- of Los An~eles } ss Cit~° of Santa ~•lanica ) I. ~•laria l~i Ste~~~art, C~t~~ Clerk of the Git~• of Santa ~~lamca. do hereb~~ cert~fi that the foregoing Ordinance ~Io 142~ (CCS) had its first and onl~~ required readxng and «~as adopted on Sentember 2?_ 1998 b~~ the follo~°zng vote .~~-es Gouncil members Feinstein. Genser, Greenber~. Holbrook. O'Connor. Rosenstein y I~oes Gauncil members Ehner ~hstain Counc~l members ~ione :~hsent Council members tione ATTEST ~ - ~. ...~ I~•laria NI Ste«-an. Cit~~ Clerk ATTACHMFNT B `~ . 19 NOTfCE OF A PUBLIC HEARING BEFaRE THE SANTA MONICA CITY C~UNCIL SUB.IECT: A Puhlic Hear~ng will be held by the City Council on the fallowmg request. Proposed is an 18 mo~th emergency intenrn ardinance extending an exist~ng 45 day emergency ordEnance that established development standards for the R1 district located narth of Montana Avenue This emergency intenm ordinance is necessary to pro~ide time to evaluate and study permanent revisions to the R 1 de~elopment standards WHEN: Tuesday, September 22, 1998 at 7 00 P M VIIHERE: Counc~i C~amb~r, Raom 213 1685 Mam Street, Santa Mor~ica H4W TO CQMMENT The City of Santa Monica encourages public comment on this and other pro~ects You or your represer~tati~e, or any other persons may comment at the City Council's publ~c heanng, or by writ~ng a letter Letters should be add~-essed to City Clerk 1G85 Ma~n Street, Room 102 Santa Monica, CA 90401 MORE INFORMATION If desired, further Enformation on any application may be ob#ained from the City Planning DE~ision at the address above or by callEng (310) 458-8341 The meeting facility is accessible If you need any disability-related accammodations, please contac# staff a# (310)458-57~1 Pursuant to California Government Code Section 65009(b), ~f this matt~r is subsequentfy challenged in Court, the challenge may be limited to anly those issues raised at the Public Hear~ng described in this notice, or in written correspondence delivered to the City af Santa Monica at, o~ prior to, the PublGC Heanng ESPAIVOL Esto es un a~~so sobre una audenc~a publica para re~isar applicacianes praponienda desarrollo en Sartta Man~ca Esto puede ser de interes a usted S~ desea mas informac~or~, Ilame a Carmen Gutrerrez al r~umero (3'i 0) 458-8341 f lplanlsharelcouncillnoticeslr1ext wpd -- `'0 _ ~ APPROVED AS TQ FORM I ~ .~ G,.~. KAREN GIl~SBERG~ Plannmg Manager ~. ~ ~ _ L r F 1ATTYIMUNIILAWSIBARRYIR~ NMONT~ WPD ~n C~ty Council Meeting 9-22-98 Sant~ ~`~" ~~ ORDINANCE NUMBER 192~ (CCS) (City Council Series} ~ AN INTERIM ORDfNANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA EXTENDING MODIFICAT{ONS TO THE DEVELOPMENT STANDARDS FOR THE R1 DISTRIGT NQRTH OF MONTANA AVENUE. DECLARlNG THE PRESENCE OF AN EMERGENCY THE C1TY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLQWS SECT~ON 1 F~ncimqs and Purpose The City Council finds ar~d declares (a) The area of the City bounded by Twenty-Sixth Str~~t. Qcean A~enue, Montana Avenue ar~d the narthern City limits, cammonly referred ta as the North of Montana ne~ghborhood, contains a m~x of modest, older, single story and two story homes and new, substar~kEally larger dwellings constructed in recent years (b) A substantial number of ex~sting properties ~n the North af Montana neighb~rhood are s~gnificantly underdeveloped in relation to the City's current a~lQwable deveiopmen# standards establ~s~ecE by the City-s Zon~ng Ordinance ~c) W~thm the }~ast year. reaE estate values ~n the North af Montana neighborhoad have risen dramatically Concurrently, tF~ere has been a surge En the demolition of the older hausing ar~d rebuilding with housing b~ilt to #he maxfmum author~zed development standards Last year, there were twenty five {25) demolition appl~catians filed for singfe i . famaly res~der~ces ~n th~s netighborhood -- tt~e h~gf~est r~t~mt~er recorded fa~ a si~gle yeac This figure represented more than a doubling vf the number of demol~tion ap~lica#ions in 1996 and a fi~ve fold ~ncrease over the number of applicatjons in 1995 (d) As of September 15. 1998, tk~ere have already been th~~ty-six (36) demalit~on applicatians filed for the year A continuation of th~s trend for the remainder of the year wauld place the figure at almost double kast year's record (e} Simiiarly. permits for the cor~struction of new smgle fam~iy residences last year totaled s~xteen (16) This was also a record number of such permits issued Howe~er, this year, #wenty-eight (28} such permits have already been issued This number is certain to r~se given the demolit~on activity described above (f~ There is grave cammun~ty concern t~at the number of applicat~ons filed for deve[~pment pro~ects within this neighborhoad will contmue to escalate Given market conditions and the d~sirabilEty af living ~n th~s area. the C~ty believes that these concerns are well-gro~anded and ant~c~pates that thfs surge ~n development act~v~ty w~ll continue (g} New houses ~n this neigl~barhood are being developed to the max~mum s~ze author~zed by the City~s Zoning Ordinance Most are twa story houses that are approximately 5,000 square fe~t in size Many of these struc#ures contain Iflfts and mezzan~nes between t~e first and secand floors and betw~en the second fioor and roof af a structure While these houses are still t~chnically two story, these lofts and mezzanmes create the appearance of a three story structure Further, the second story is often built with ~ery I~ttle articulation m compar~son ta the fkrst story Because of the combined height and mass~ng of these houses, they tower over and dwarf tF~e exist~ng ad}acent h~uses ~ ~ These r~ew houses are whally at odds with the existing scale and c~aracter of the ne~ghborhood (h) Much of th~s new housmg is also designed with eaves, chimneys, bay windows, patios, ar balcar~ies. whECt~ pra~ect into the r~qu~red yard set backs These features increase the building's mass and its impact an ad~oining praperties (i) In addEtion. these redevefoped parcels often incluc~e a two story accessory structure and/or second story additions to existing garages located ~n the rear a~d side yard areas When these accessory structures are locat~d on corner lots, they sign~ficantly increase the site's perceiWed de~elopm~nt intensity (~) The full build-out of these iats substan#ially reduces the ~verall amount af open space En the neighbor~oad These mor~olithic structures appear #o e~~elop smaller ad~acent houses. ~ar#icularly when an older house is sandwich~d ir~ ~etwe~n two such structures When t~ese huge houses are ad~acent to one another. they create a wafled effect, transforming the street into a canyon (k} The size and scale of this deveiopment has a sign~ficant detrrmental im~act on ad~acent neighbors' access to ligh# and a~r It also impacts their privacy (I) G~ven the pace of redevelopment, the amount of construct~on activ~ty m this are~ also causes significant d~sruption and no~se problems for the residents of the area Cons#ruct~on mater~als and equipment are often placed ~n the raadway andlor an s~dewaiks, thereby obstructing both ~ehicuiar and pedestnan traff~c Construction fenc~s impact neighborhood aest~etics ~ ~ i w (m) If development standards established by the Zoning Ordanance are not modified, additiar~al ho~sing would be de~eloped that would se~erely impact existing residences, would be incorn~atible with the ex~st~ng neighborhood scale and character. and would be cor~trary to the neighborf~aod's historic develapment patterr~s ~n} The potent~ai for development under the standards estabfished m tF~e Zon~ng Ordinance pases a current and immediate threat to the public health, safety, and welfare of the res,dents, and the approval of permits for suct~ development would resul# in a threat to the publ~c health. safety. and welfare (o) For the reasons stated abave, the Zoning Ordinance requires review and revis~on as it pertafns to the appropnate c~evelopment standards ~n the R1 D~stnct Narth of Mo~tar~a Avenue {p) Pending completton of th~s review and revision. in order to protect the public heal#h, safety ar~d welfare, it ts necessary or~ an intenm basis to change current de~elop sta~dards m the following manner limit pro~ectrons ~nto #he re~uired s~de yard set back, requ~re that all #wo story accessory structures located or~ corner iots be lacated at the intenor side of ~roperty. I~mit the second floor square footage, prohibit front yard excavation, modify frant yard setback rec#uirements, and allow two story accessory structures only by use permit The interim development standards are r~ecessary to ensure tf~at adequate light, air, pnvacy. and open space is prov~ded for each dwelling. that the canstr~ction ~s compat~ble with the North of Montana ne~ghborhaod, and that the character of the neigi~borhoad is not irreversEbly damaged 4 a (q) 1n 1~ght of ihe above-men~EOned concerns. tne GEty Counc~l adopted Ord~nance Number ~ 921 {CCS) on August 19, 1998 mfldifying the de~elapment standarcfs in the Zoning Ordinance Hawever, that ordGnance expires on October 3. 1998 (r) As described above. there exisis a current and immec~~ate threat to the }~ubl~c safety_ healt#~ and wel#are should this interim ord~nance na# be adopted and should developme~t incans~stent with the contemplated re~isions ta th~ de~elapment standards to the R~ d~str~ct north of Montana be allowed to occur Appro~al of ar~ditionaE develapment Encor~stistent wtith the fof4owing proposed ~nte~fm standasds would result m a threat to public h~alth. safety. or welfa~'e Therefore it is necessary to establ~sh on an interim basis the following development standards for t#~e R1 Distnct North of Montana A~enue SECTION 2 ~nterim Zoninq CEty staff is directec~ ta ~isapprove all buiiding permit apphcatEOns filed after August ~8. 1~98 for any ~es~dential deve~a~me~t pro~ect ir~ the R1 Distrtct North of Montar~a Avenue unless the pro~~ct comphas w~th the follow~r~g develo~ment standards 1 Permitted tJses. AI I uses permitted in Section 9 04 OS 02 02~ of the Santa Mon~ca Municipal Code, except two story accessary build~ngs 2 Uses S~bject to Perforrnance 5tandards P~rmit AI[ uses perrnitted by Perfarmance Standards Perm~t in Sectton 9~4 08 a2 030 of the Santa Monica Municipal Code 5 a 3 Uses Subject to Use Permit. All uses permitted by Use Permit ~n Section 9 04 Q8 02 040 of the Santa Monica Municipal Code Ir~ addit~on, two stary accessory buildings shal! be sub~ect to a Use Permit 4 Conditionally Permitted Uses. A!I uses permi#ted by Conditional Use Permit ~n SectEOn 9 04 08 02 050 0# the Santa Man~ca Munic~pa~ Code 5 Prohibited Uses A!i uses prohibited in Section 9 04 08 D2 060 of #he Santa Mon~ca Munic~pal Code 6 Property Devetopment Standards. A~t property shall be deveioped m accardance with the following standards ta) Maximum Building Height (1) One story. not to exceed 18 feet, which includ~s alE bu~ldmg elements except chimneys and required vents. ~f structures exceed a maximum parcel coverage of 40 percent. (2~ Two stories, not ta exceed 28 fee#, which includes all building elements except ch~mneys and required ven#s. if structures do not exceed a maximum parcel coverage of 40 percent, t3) On lots of more than 2{},Q00 square feet with a minimum front parcei line dimension of 2D0 feet, the he~ght shalf not exceed 35 feet for a pitched roof or 28 feet far o#her types af raafs ~b) Maximum Unit Density One dwelling unit per parcel, exce~t wher~ a Use Permit has been approved for a duplex as permitted by Santa Mor~ica Municipal Cade Sect~an 9 04 08 02 040{a) 6 {c) Minimum Lot Size. 5,000 square feet Each parcel s~all contain a minimum de~th of 100 feet and a minimum width of 50 feet except any parcel exis#irog on tt~e effect~~e date of this Chapter shall not i~e sub~ect to th~s requirement (d) Maximum Parcet Coverage. 4D percent for two story structures except that parce{s between 3.0~1 a~d 5,000 square feet may ha~e a parcel coverage of 50 percent, ar~d parcels of 3,000 square feet or smaller may ha~+e a parcel coverage of 60 percent 50 percent for one story structures (e} Front Yard Setbac~c. The authorized setback shall be either {1) the setback shown on the Officiaf Distr~cting Map of the City, (2) 2Q feet, or ~3) the average flf tt~e front yard setback of the two ad~acent structures, whichever of these three is greater (f) Additional Fro~t Stepback Above 14 Feet in Heig~t For new structures or addit~ons to existing structures, any port~on of the frant building elevatior~ above 14 feet exceeding 75 percent of the rriax~mum b~f~dable front elevakian shall bE stEpped back from the front setback i~r~e a~ additional average amount equal to four percent of parcel depth. but ~n no case resultfng in a reqwred s#epback greater than 10 feet As used in t#~is Ord~nancE, "maxtmum buildable elevat~on'~ sha~l mean the maximum potentiai length of the elevation 7 perm~tted under these reg~4attions. wh~ch +ric~udes parce~ w~dt~ or length (as applicable}, mEnus reqwred minimum setback (g) Rear Yard Setback. 25 feet (h) Addi#ional Rear Stepback Above 1~E Feet in Height. Far new structures or additEOns to existing struc#ures. any portion of the rear b~ilding ele~atio~ abo~e 14 feet exceed~ng 75 percent of the max~murr~ buildable rearelevation s~all be stepped backfrom t~e rear setback Itr~e an add~t~onal average amount eq~al to four ~ercent of parcel depth. but m no case re~ulting m a Tequired stepback greater than 10 feet (i) Side Yard Setback. Ten percent of the parcel width or a mmrmum af three feet six inches, whicl~ever is greater, but ~n na case greater than 15 feet (See also Santa Monica Mun~cipal Code Sect~on 9 p4 10 02 190 ) (}) Additional Side Stept~acks Above 14 Feet in Height. For r~eur structures or addEt~ons to ex~sting s#ructures. any port~on o€ the side bu~lding elevation above 14 fEet exceeding 5D percer~t of the max~mum buildable side elevation shalE be stepped back from the s~de setback line an additionai one faot for every 2 feet ~~nches abave 1~4 f~et of buGlcf~ng height to a maxrmum height of 21 feet (~} Additional Side Stepback Abo~e 21 Feet In Height No part~on of the butld~ng, except pe~mitted projeet~ons, shall ~ntessect a~lane 8 commencing 21 feEt ~n height at the min~me~m stcieyard setback and extanding at an angl~ of 45 degrees from the vertical toward the inter~or of the site (I ) ModEfications to Stepbacks Abo~e 14 Feet in Heighf. The stepback requirements of subsections (fJ, (h}, (~), and ~k} of this Section may be modified sub~ect to the review and approval of the Arch~tectura! Review Board if the Baard fmds that the modif~cation wcll nat be detrimentaE to the property. ad~aan~ng prQperties flr the general area ~n wh~c~ the property is kocated, and the o~~ectives of the s#epback requErements are sat~sfked by #he prov3sion of ai#ernative stepbacks or other bu~lding features whrct~ reduce efFective mass to a degree comparable to the relevant standard requirement (m) Second Ftoor Square Footage. The square footage of the second floar, including the secand floor of an accessory buildmg, st~all nat exceed 26 percent of t~e parcel square foatage Any port~on of a first flaar's interior space o~er 14 feet in intenor height and any sc{uare foatage for a loft or mezzan~ne sF~all be cor~s~dered as part o~ the second floor square footage for purposes of this subsect~on (m} Secand floor balconies or terraces shali not exceed 250 square feet ~n} Project~or~s. No b~a~ldmg proJect~ons except ch~mneys. eaves, sills, cornices. and belt courses shall be permEtted ~n any req~ired s~d~ yard setback area Such chimneys, eaves, sill, corntces, and belt 9 Y cousses shall ot~eswsse camply w~th tf~e prov~s~ons of Santa Mon~ca Municipal Code Section 9 04 10 Q2 180 The type of pro~ect~ans allowed into front and rear yard setback areas and the standards govern~ng these pro~ections shall be establ~shed by Santa Monica Municipal Code Sect~on 9 04 ~ 0 02 18a (o} ~ront Yard Paving. No more than ~0 percent of the required front yard area jnciud~ng dr~veways shaff t~e paved, except that lots with a v+ridth af 25 #eet or less may have up t~ 60 percent of the required frant yard area paved (p) Driveways. No more than one dri~eway per parcei to a pu~fic street shall be perm~tted on ~arcels less than 100 feet ~n w~dth ~q~ Basements and Subt~rranean Garages. No basernent or subterranean garage shaEE extend into any required yarcf setback area. except for any basement or garage located beneath an accessory b~tilding whtct~ is otherw~se ~erm~tted w~th~n a yard area, if such basement. sem~-subterranean or subterranean garage is iocated at ieast five feet from any prvpe~#y I~ne (r) Access to Basements and Subterranean Garages. (~ } Up to a total of 50 square feet of area in the side and rear yards may be utilized for ligh#welfs or sta~rways to below-grade areas of the ma~n bu~ldir~g and any accessory buildings No portion of the lightwell or stairway may project above grade 10 (2) Na excavat~ar~ shall be permitted in the requEred front yard, ineluding r~riveways ~s) Roof Decks Roof decks shall be set back at least three feet from the minimum s~de yard setback The heig~t of any of the railrngs or parapets associated with s~ch roof decks may nat exceed the max~mum allowabi~ bu~ldmg heig~t far the structure (t) Accessory Buildings. On corner fots, two story accessory bu~ldings shall anly be located on the ~ntersor s~dayard a~rd shall k~e cieveloped in accordance with Santa Monica Mun~cipa~ Cod~ Sectians 9 D4 10 Q2 110 and 9 04 14 110 Twa story accessary buiEdings lacated on ~nterior lots shall be developecf in accordance with Santa Monica Municipal Code SecfEans 9 D4 10 fl2 1 10 and 9 04 14 110 ~ne story accessory ~u~ldings shalE be de~eloped in accordance wEth Santa Monica MunECipal Code Sections 9 04 10 02 ~ 00, 9 04 1 D 02 11 D, and 9 04 14 110 7 Architectearal Review. No building or structure s~all be sUb~ect to architectural rev~ew pursuant to #he provisions of ChaptEr 9 32 of the Santa Monica Mur~ECipal Gode except ~a) Properties ir~stalling raof or building-mounted parabolic antennae {anly w~#h respect to the antennae and screenmg). (b) Duplexes (c) Ar~y structure above fourteen feet ir~ he~ght that does not conform to the req~ired yard stepbacks f~r structures above fourteen feet ~n he~ght Any applicant for a development sub~ect to archEtectural review under ti~ese provisions s~all provide certif~eation of notice to afl owners and commerc~al and res~dential tenants of praperty w~th~n a rad~us af three i~undrad feet from the exter~or boundanes of the property tnvalved in the appl~cation, not iess than ten days ~n advance of Archifectural Review Board consideration of the matter, which natice and cert~fication thereaf sf~all be in a form sa#~sfactory to the Zor~~ng Administrator 8 Fifty percent addition. Parking shall be prov~ded in accordance w~th the pravisians af Part 9 D4 10 08 of the Santa Manica Munic~pal Code. Off S#reet Parking Requirements, ~f the princ~pal bu~IdEng an t~e parcel Es substantialiy remadeled or, if fifty percent or more add~tional square foatage is added to the pr~nc~pal building at any one time. or ~ncrementally. pro~Eded the aggregate addit~on ~s fi~e h~ndred square feet or mare S~CTION 3 Th~s ordinance shall be of no furtt~er force and effect tw~lve (12) months from the date af its adopt~on, unless prior to that date, after a pub~~c hearing, i? i noticed pursuant ta Sa~ta Monica MunicipaE Code Section 9 04 20 22 050. the CEty Co~ncil, by ma~onty vote, extends this interim ordinance SECTION 4 This Ordinance is declared to be an urgency measure adopted pursua~t to the prav~sions of Section 9 D4 20 16 060 of the Santa Manfca Munic~pal Code and Section 615 of the Santa Manica Crty Charter It is necessary far preservGr~g the pub[~c peace. health. and safety, and the urgency for its adoption is set fort~ in the findmgs above SECTION 5 Any pro~ision of the Santa Monica MunicipaE Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent af such mconsistencies and no further, is hereby repealed or mod~fied to that exter~t necessary to effect the provis~ons of this Ordmance SECTION 6 If any section, subsectEOn, sentence, clause, or phrase of th~s Ordfnance is for any reason held to be mvalid or unconstitut~or~al by a decision of any court of compet~nt ~unsdiction. such dectsion shall nat affect the ~alid~ty of #he remaining portions of this Ordinance The City Counc~l hereby declares that ~t would have passed t~is Ordinance and each ar~d every sect~on, su#~sect~on. se~tence, ckause, or phrase not declared cnvalrcE or unconstitutional without regarc! to whether any portion of the orc~inance would be subsequently declared mvalGd or unconstitutional ]3 SECTION 7 The Mayor shall sign and the City Clerk shall attest to the passage of th~s Ord~nance The City Clerk shall cause fhe same to be p~blished once m the official newspaperw~th~n 15 days after ~ts adoption This Qrdinance shall become efFective upan ~#s adapt~an APPRQVED AS TO FdRM ~ ~ MARSHA JON~S MOUTRIE C~ty Attorr~ey 14 t . Robert HolbrooI:. '1~1a~ or Stat~ of Califarnia ) Count~- ofLos An~eles ) ss Git~° of~ Santa Monica l I. I~•laria ~•1 Stev,-art. Crt~~ Clerk of the Git~- of Santa I~1on~ca. do hereb~ certif~- that the foreeoinR Ordinance Vo I92~ (CCS} and zts first and onl~~ required reading and w-as adopted on September `'?_ 1998 b~° the follol~.°zna r.~ate :~~~es Council members Feinstein_ Genser. GreenberQ. Halbrook, O~Gannar, Rosenstein 4 Noes Gouncil members Ebner :~bstain Coiinczl mzmbers None ~.bsent Council members None ATTEST ~vlaria ~1 Ste«~art. C~t~~ Cler~