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Cauncil Mtg Se~tember 22, 1998
TO Mayor and City Council
FROM City Staff
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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
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ATTACHMENT A
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~ 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
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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
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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
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(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
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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)
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(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
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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
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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
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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
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(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
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MARSHA JON~~ MOUTRIE
C~ty Attorney
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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
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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
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APPROVED AS TQ FORM
I
~ .~ G,.~.
KAREN GIl~SBERG~
Plannmg Manager
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L
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F 1ATTYIMUNIILAWSIBARRYIR~ NMONT~ WPD ~n
C~ty Council Meeting 9-22-98 Sant~ ~`~"
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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
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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
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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
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(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
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(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
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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)
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{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
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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
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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
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(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,
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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
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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
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MARSHA JON~S MOUTRIE
C~ty Attorr~ey
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t
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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~