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SR-8-D/8-E ~Dn~ LUTM:CPD: wjOP2sf COUNCIL MEETING: JUN ~ ~n~~ L : ~ June 2, 1992 Santa Monica, California TO: Mayor and city Council FROM: city Staff SUBJECT: Recommendation To Adopt Two Urgency Ordinances To Change the Method for Calculating Height in the OP-2 District, And To Reduce the Permitted Height and Require Building Entrances Oriented To the street in the R2R District. INTRODUCTION This report recommends that the City Council adopt the attached urgency ordinances which modify the method for calculating height in the OP-2 District, and reduce the permitted height and encourage building entrances oriented to the street in the R2R District. The Ordinances are identical to the Interim Ordinances adopted by the Council in April 1991 and on May 12, 1992. The Ordinances will be effective for one year. Due to the fact that the previous interim ordinances were only effective for 45 days, staff is recommending adoption of these new ordinances while the permanent standards are being developed. BACKGROUND On January 22, 1991 the Council directed staff to prepare interim standards to address specific concerns raised by residents in the OP-2 and R2R Districts. In particular, residents were concerned with two issues, development of buildings on sloping lots in the - 1 - H JUN ? 1~S; ~ OP-2 District, and the compatibility of new structures in the R2R District. On March 12, 1991 the Council adopted an urgency ordinance for 45 days, and on April 23, 1991 the Council adopted another urgency ordinance extending the effective date of the standards to April 23, 1992. The OP-2 ordinance modifies the method for calculating height for parcels in the OP-2 District. Under the current, permanent ordinance, height is measured from the theoretical grade. Theoretical grade is defined as an imaginary line from the grade at the mid point of the parcel on the front property line to the grade at the midpoint of the parcel on the rear property line. The allowable height is measured at each point above that line along the entire length of the si te . This method uses the extremes of a parcel and may not account for variations in elevation between the extremes. As a result, when a sloping parcel is excavated, portions of a building that appear to be above grade are not counted in the maximum height since they are technically below the theoretical grade. Therefore, what appears to be up to a four story building would technically be only a two story building. The standards in the attached ordinance will not affect the height on flat parcels, but will significantly change what can be - 2 - constructed on sloping parcels. The ordinance contains the following provisions: o Maximum height is measured from the street level and runs parallel with the slope of the parcel; o If excavation occurs, the natural grade existing on the parcel prior to construction must be re-established. This ensures that the below grade portion of the building is in fact below grade. o The first story is counted from the point where the building is more than 3 feet above the existing grade. This limits the amount of building area that can be constructed on a sloping parcel. The R2R ordinance reduces building height so that it is consistent with the height permitted in the OP-2 District. Under the current permanent ordinance the permitted height in the R2R District is two stories not to exceed 25 feet, except sloped roofs may extend up to 35 feet. The standards in the attached ordinance permit two stories 23 feet for a flat roof and two stories 30 feet for a sloped roof. In addition to the height, the issue of compatibility was raised by the residents in the R2R District. Buildings lacking street orientation have been constructed in the area, changing the neighborhood character of these narrow streets. Therefore, the ordinance encourages new construction to provide a building entrance oriented toward the street with a front porch. - 3 - PLANNING COMMISSION PROCESS These standards are proposed on an interim basis while the Planning Commission examines in more detail various alternatives. staff has circulated two issue papers examining the various alternatives for calculating height in addition to other changes to the Ocean Park development standards. Two publ ic workshops have been conducted to gather input on the proposed changes. Staff is currently preparing the ordinance modifications for City Attorney review. Planning Commission hearings are anticipated to occur in the next three to four months. BUDGET/FINANCIAL IMPACT The recommendation presented in this report does not have a budget or fiscal impact. RECOMMENDATION It is recommended that the City Council introduce for adoption: 1. The interim urgency ordinance for the OP-2 District. 2. The interim urgency ordinance for the R2R District. Prepared By: Paul Berlant, Director of LUTM Suzanne Frick, Principal Planner Land Use and Transportation Management Department Program and Policy Development Division - 4 - City Council Meeting: 6-02-92 Santa Monica, California ORDINANCE NUMBER 1628 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COu~CIL OF THE CITY OF SANTA MONICA MODIFYING THE DEVELOPMENT STANDARDS IN THE OP-2 ZONING DISTRICT ON AN INTERIM BASIS AND DECLARING THE PRESENCE OF AN EMERGENCY THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Findings and Purpose. The City Council finds and declares: (a) Since the adoption of the Ocean Park Zoning standards in September 1989, development projects have been approved on sloping sites in the OP-2 Ocean Park Low Multiple Residential District that, while consistent with the ordinance specified height requirements, are not consistent with the ordinance intent and are not compatible with the surrounding neighborhood. (b) The potential for development to the currently specified height limit in the OP-2 District poses a current and immediate threat to the public health, safety and welfare of the residents, and the approval of permits for such development would result in a threat to public health, safety, and welfare. - 1 - (c) The Zoning Ordinance requires review and revision as it pertains to the appropriate development standards for the OP-2 zoning District. (d) Pending completion of this review and revision, it is necessary to modify on an interim basis the existing zoning to prevent development in the OP-2 District from height incompatibility with existing structures in neighborhoods with sloping sites, thereby preventing development inconsistent with existing land uses in and the general character of the OP-2 District. (e) On April 23, 1991, the city council adopted an ordinance establishing interim standards for the OP-2 District to prevent the construction of incompatible buildings on sloping parcels. (f) Two public workshops have been conducted to gather public input on the proposed changes to the OP-2 development standards. The public process is still underway, therefore it is necessary to maintain interim standards until such time as the permanent standards are in place. (g) On May 12, 1992 the city Council adopted a 45 day interim ordinance establishing standards for the OP-2 District to prevent the construction of incompatible buildings on sloping parcels. It is necessary to extend those standards for up to one year to allow for the development of the permanent standards. SECTION 2. Interim Zoning. - 2 - No development or permit shall be approved pursuant to Chapter 1 of Article IX of the Santa Monica Municipal Code, and no Subdivision or parcel map shall be approved pursuant to chapter 3 of Article IX of the Santa Monica Municipal Code, for land in the OP-2 District unless the following findings are made: (1) The project complies with existing OP-2 property development standards, except for building height and unexcavated sideyards, set forth in Chapter 1 of Article IX of the Santa Monica Municipal Code. (2) On Upslop1ng parcels where the change in elevation from front to rear is 10 feet or greater, maximum allowable height for structures shall conform to the following: (a) One story 14 feet (including parapets and rails) for the first 15 feet on the parcel measured back from the front parcel line. Maximum permitted height shall be measured from the inside edge of the existing sidewalk (the edge closest to the front parcel line) and then running parallel to the existing grade of the parcel. (b) Two stories 18 feet for a flat roof and 23 feet for a pitched roof (including parapets and railings) for that portion of the structure located between 15.1 feet and 30 feet measured back from the front parcel line. Maximum permitted height shall be measured from the inside edge of the existing sidewalk (the edge closest to the front parcel line) and then running parallel to the existing grade of the parcel to a distance of 30 feet from the front parcel line. - 3 - (c) The maximum permitted height for structures beyond 30 feet from the front parcel line shall be two stories 23 feet for a flat roof or 30 feet for structures with a pitched roof. Maximum building height for this portion of the structure shall be measured vertically from the existing natural grade and then parallel to the existing natural grade of the parcel to the rear property 1 ine. (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 9040.17 of the Santa Monica Municipal Code except that parcels having a width of 50 or greater shall provide an unexcavated area equal to 4 feet in width along the entire length of one of the side property lines and an unexcavated area equal to 2 feet 6 inches in width along the entire length of the other side property line. Parcels in excess of 70 feet in width, shall provide an unexcavated area of at least 4 feet in width along the entire length of both side yards. - 4 - (4) For all parcels other than those described in Section 2(2), building height shall conform to the existing OP-2 property development standards set forth in Chapter 1 of Article IX of the Santa Monica Municipal Code. SECTION 3. This Ordinance does not apply to any project the application for which was deemed complete on or before May 12, 1992. SECTION 4. This Ordinance shall be of no further force and effect as of April 19, 1993. SECTION 5. This Ordinance is declared to be an urgency measure adopted pursuant to the provisions of Section 9120.6 of the Santa Monica Municipal Code and Section 615 of the Santa Monica city Charter. It is necessary for preserving the pUblic peace, health, and safety, and the urgency for its adoption is set forth in the findings above. SECTION 6. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent \vi th 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 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 - 5 - 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: ~ '\.-. '.. ROBERT M. MYERS City Attorney ~ - opsb2 - 6 - Adopted and approved this 2nd day of June, 1992. \' C1PAl~ \ l-fayor .... I hereby certify that the foregoing Ordinance No. 1628(CCS) was duly and regularly introduced at a meeting of the City Council on the 2nd day of June 1992; that the said Ordinance was thereafter duly adopted at a meeting of the City Council on the 2nd day of June 1992 by the following council vote: Ayes: councilmembers: Abdo, Genser, Holbrook, Katz, Olsen, Vazquez, Zane Noes: Councilrnembers: None Abstain: Councilmembers: None Absent: Councilmembers: None ATTEST: . ~fn~ - Ci ty Clerk / City Council Meeting: 6-02-92 Santa Monica, California ORDINANCE NUMBER 1629_(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 I is currently higher - 1 - than any residential district in the Ocean Park area with the exception of the OP-4 High MUltiple Residential District. (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) The Zoning Ordinance requires review and revision as it pertains to the appropriate development standards for the R2R District. (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 the 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. - 2 - (i) On April 23, 1991, the city Council adopted an ordinance establishing interim standards for the R2R District to prevent the construction of incompatible buildings. (j) 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. (k) 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. It is necessary to extend those standards for up to one year to allow for the development of the permanent standards. SECTION 2. Interim Zoning. 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. (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 - (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 9040.17, 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 Chapt~r 1 of Article IX of the Santa Monica Municipal Code. SECTION 3. This Ordinance shall not apply to any project the appl ica tion for "lhich was deemed complete on or before May 12, 1992. SECTION 4. This Ordinance shall be of no further force and effect as of April 19, 1993. SECTION 5. This ordinance is declared to be an urgency measure adopted pursuant to the provisions of Section 9120.6 of the Santa Monica Municipal Code and Section 615 of the Santa Monica City Charter. It is necessary for preserving the public peace, health, and safety, and the urgency for its adoption is set forth in the findings above. SECTION 6. Any provision of the santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. - 4 - SECTION 7. 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 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: ~ """"". '""'.....- ROBERT M. MYERS City Attorney -0 - opsb3 - 5 - Adopted and approved this 2nd day of June, 1992. MaYa~rf!~re I hereby certify that the foregoing Ordinance No. 1629(CCS) was duly and regularly introduced at a meeting of the City Council on the 2nd day of June 1992; that the said Ordinance was thereafter duly adopted at a meeting of the city council on the 2nd day of June 1992 by the following Council vote: Ayes: Councilmembers: Abdo, Holbrook, Katz, Olsen, Vazquez, Zane Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: Genser ATTEST: ~fLJ~ -- ......... City Clerk I