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SR-8-E (23)~ ~ P&Z:DKW:SVL:TA93006 -Santa Monica, California Planning Commission Mtg: June 2, 1993 TD: The Honorable Planning Commission FROM: Planning Staff SUBJECT: Text Amendment 93-005 Address: Citywide AppZicant: City Council INTRODUCTION Action: Recornmendation of approval of praposed Text Amendment to the Zoning Ordinance relating to development standards in the OP2 Ocean Park Low Multiple Residential District replacing an exist- ing interim ardinance. RecQmmendation: Cammission discussion and reaommendation of ap- praval to the City Council, Permit Streamlininq Expiration Date: None. SITE IACATION AND DESCRIPTIQN The proposed Taxt Amendment wauld affect properties in the oP2 Ocean Park Low Multiple Residential District which are both up- ~lap~ng relative t~ the street frontage, and existing residential properties thraughout the City with basements and crawl spaces that exceed 3 feet above averags natural grade or theoretical grade. Zoning District: Al1 properties in the OP2 Ocean Park Low Mul- ~ tip~e Residential District which are upsloping re~ative to the street frontage. Properties throughout the City with basements and crawl spaces that exceed 3 feet above average natural grade or theoretical grade. Land Use District: AI1 properties in the OP2 Ocean Park Low Mul- tiple Residential District which are upsloping relative to the street frontage. Properties throughout the City with basements and crawl spac~s that exceed 3 feet above average natura~ gxade or theoretical grade._ PROJECT DESCRIPTION The proposed Zoning ordinance Text Amendment would involve the modificata.on of SNII~IC Section 9.04.08.5Q.460 changing niethodology for calculating theoretica~. grade and height re].ative to - 1 - _ - ~Q~~~ thearetical grade and modificatian of SN~lC Section 9.04.20.10.030(g) to include provisions for the granting of a height variance far a specified class of existing structures with certain findings. - - MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE The praposed Text Amendment is consistent with the General Plan. CEQA STATUS The proposed Text Amendment is categorically exempt from the pro- visions of the California Environmental Quality Act pursuant to Class 5(10} of the City of Santa Manica Guidelines for the Im- plementati~n of CEQA. FEES The propasal is not subject to any develapment €ees. PUBLIC NOTIFICATION Because this proposal ~s nat site-specific, no radius map, sig- ::age ar mailing natification is required. A legal notice was published in the outlook and staff has notified the Neighborhaad Support Center of the proposed text amendment. A copy of the legal notice is contained in Attac~ment A. ANAT,YST S Background This request for a text amendment replaces the interim ardinance which has been in use since May, 1991. Presently,the method for ca~culating height in the OP2 dzstrict for upsloping lots is set forth in Ordinance 1673 (CCS). Proposed Text A~-endment Based on current usage of the interim ordinance, staff proposes a Text Amendment to Sections of the Santa Monica Municipal Code as fallows (bold indicates new text): SNII~4C Section 9.04.08.50.060 (a), governing Property Development standards in the ~P-2 Ocean Park Low Multiple Residential Dis- trict, is prop~sed to contain the fallowing changes: (a) Maximum Building Height. Two stories, not to exceed 23 feet for a flat roof, or 30 feet for a pitched raof. A pitched roof is defined as a roaf with at least 2 sides having no less than one foot of vertical rise far every three feet of horizontal run. The wall.s of the building may not exceed the maximum height required for a~lat roaf. - 2 - ° Q~03 ~, (1) an up~lopinq paraels ~here the ahanqe ~n elevatian is 10 feet or qreater from the finished sur€ace of the sidewalk adjacent to the property l~ne to the bnilding line at the required rearynrd setbaak, maximum allow- able heiqht for structures sh~ll conform to the folloxinq: (a) One story 14 feet in heiqht (including parapets and rails) for the first i5 feat of horizontal dis- tance cn the pa~cel measured from the front parcel line. Maximum permitted heiqht sha~l be measured vertically fram the edge of the existing aidewalk closest to the front parce~ line and then runninq harizontally along a line parallel ta the theoreti- aal qrada of the parcei. (b) T~o stories 18 feet for a flat roof and 23 feet for a pitched roof (including parapets and railings) for that portion af the structure laaated bet~een 15.Z feet and 30 feet measured back from the frant parcel line. Maximum permitted heiqht sha11 be mea- sured vertiaally from the edge of the existing side- w~lk alvsest to the front parc~l lina and then run- ninq horizontally alanq a~ine para11e1 ta the thearetical qrade of the parcel to a di~tanae af 3D fea~ from the front par~el line. (c) The maximum permitted heiqht far structures beyond 30 feet from the front parcel line sha~.l be two atories 23 feet for a~lat raof or 30 feet for s~ructures ~ith a pitched ravf. Maxim~m permitted heiqh~ shail be measured vertically fram the edqe of the existing sidemalk clasest to the front parcel line an8 then runninq horiaontally alanq a line parallel to the thearetica~ qrade of the paroel to the rear propertp line. id) The finiahed qrade shal~ be no mcre than 3 feet beloa- ar a~bove ~he theoretical qrade line at any point adjaaent to a bui~ding if excavation occurs. An openinq ~v a qarage may remain excavated. (e) Any portion af a buildinq mare than 3 feet above ~ the theoretica~ grade shall be counted as a story. The first story of a structure shall be determined as the partion of the structure closest to the frant property line that extends more tban 3 feet abave the theoretical grade. (t) No portioa of any structure shali exceed the maximum allowable heiqht or pera-i.tted numbar af stories. The proposed Text Amendment alters the following sections of the interim ordinance: Interim Ordinance; (1) Dn upsloping parcels where the change in elevation from frant to rear is lo feet or greater, maxi~num allow- able height for structures shall confarn~ to the fo3.lowing: - 3 - 0 0 C~ 3 ~, Proposed Text Amendment wording: (1) On upsloping parceZs where the change in elevation is lfl feet or greater fram the finished surfaae of the side- walk Ad~ACBAt ta the prape~ty line ~o the building line at tbe required rearyard setback, maximum allowable height far structures shall confor~n to the follawing: The revised wording addresses slape changes within the area where the building may be constructed. Staff believes this allows for a cansistent application of the standard regardless of the Zot depth. Within the OP2 geographic area, lot sizes vary in length from 100 ft., to 135 ft., to 150 ft. and 160 ft, and, if a slope increase is located in an unbuildable area, such as the rearyard setback, then fmposition af this formula seems inapprapriate. The proposed Text Amendment also varies from the Interim Or- dinance in wording as follows: Interim Ordinanae: (d) The natural grade existing on the parce~, prior to any new construction, shall be returned to its original state if excavation occurs. An opening to a garage may remain excavated. Proposed Text Amendment wording: (d} The finished qrade shall be na more than 3 feet below or abave the tbeoretiaal qrade line at any point adjacent ta a buildinq if excavation occurs. An opening to a garage may remain excavated. Staff believes that the intent of the ordinance is ta return soil that has been exoavated sa that the perception of mass is mini- mized. Use of the terna "finished grade", and allowing flexibili- ty in finished grade will permit struotural engineering af a slope so that dra~nage away fro~ the building and other grading and drainage cansid~rations may be performed and the intent of the ordinance still enforced. For exa~ple, an uneven slope which might drain into the basement section of an excavated slope could _ be graded to an even slape to prevent filling of the basement. The follawing section af the interim ordinance has been omitted: The project complie~ with Section 9.04.10.02.~70 of the Santa Monica Municipal C~de except that parcels havinq a width of 50 feet or greater sha1Z provide an unexcavated area equal to 4 feet i.n 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 Iength of the other side property line. Parce~s in excess of 70 feet in width, sha11 provide an unexcavated area of at least 4 feet in wid~h along the entire length of both side yards, This parti.c~lar sectian of the code is b~ing amended in a sepa- rate Text Amendment an unexcavated yards. - 4 - 0003~ Staff reconamends a new provision of the variance sectian of the cade for additions to existing buildings that have basements or crawl spaces which are more than three feet abave grade. This amendment would address a prablem-trequently encountered by staff ~hen raviswing add~.tions to alder homes. The fol~owing criter3a is recommended: SNIl~IC Section 9.04.20.1D.030, gaverning requirements for request- ing a variance, is proposed ta contain the fo].lowing additions: 9.04.20.10.030 Applicability. The Zona.ng Administrator may grant a variance from the requirements of this Chapter to: (j} Allow an additional story which ~rould o~herwise not be permitted fcr an existing residential ~tructure provided all of the foliowinq criteria are met: (1) The esistiaq ~structure has a finished first floor levei that is more than 3 feet but no more than 6 feet abane averaqe naturai qrade or thaoretical qrade. (2) The street frontage and overall massinq are aom- patible ~tith the exisitinq scale and neiqborhood aentext. (3) The addition does not inarease or cantinue the ~irst flaor ot the existiag residence such that a non- confarminq condition is expanded. (4) The averalZ hs~ght of the add3tianal atory daes not exceed the heigbt limit in feet of the zoninq district in which it ~La laaa~ed. (5) The nddi~ion other~rise oonforms to the requlations of the district in ~rhiGh it is lacat~d. General Plan Conformance The proposed Text Amendment is cansistent with the Genera~ Plan Objective 1.10 to "expand the oppartunity for residential land use while pratecting the scale and character af existing neigh- _ borho~ds" in that the propasal would prevent the constructian af incompatible buildinqs on s~oping parcels, thereby preventing de~elapment inconsistent with existing land usas and the qeneral character of the OP2 District. Furthermore, the public health, safety, and general welfare af the City is protected by allowing development of property in the OP2 Distriat without s~gnificantly impacting the light and air of adjaoent properties, and address- ing excavation of hillsides and restoration of excavated soils. The Variance amendment is cansistent with the General Plan Objec- tive 1.10 as stated above, in that the proposal wauld allow addi- tions to existing buildings that are now prevented from additions due ta ane or more circumstances such as finished Floor eleva- tions above 3 feet, or slop~ng lots that create unusable voids, and would allow developraent that would be consistent with exist- ing land uses and the general character of the neighbarhaad. Furthermore, the public health, safety, and general welfare of the City is pratected by allowing discretionary development o~ - 5 - 0043r^_~ certain properties without significantly impacting the light and air of adjacent properties. Conclusion The propased Text Amendments are an improvement of the Zoning ~rdinance, are consistent with the objectives of the Genaral Plan and, tharefore, warrant adoption. Staff believes the recommended changes clarify the intention of the original interim ordinance, and allow staff a consistent standard to use regardless of lat depth. RECOMMENDATI4N It is recommended that the Planning Commission recommend to the City Council adoption of the proposad Text Amendment based on the f~l~owing findings: FINDINGS 1. The proposed Text Amendments are consistent in principal with the goals, objectives, policies, land uses, and pro- grams specified in the adapted Gen~ral Plan, ~n that they are consistent with Land Use and Circulation Element 0~.-- jective 1.10, which states that the City should expand the opportunity for residential land use while protecting the scale and character af residential neighborhoods. 2. The publia health, safety, and general welfare requires the adoptian of the praposed amendments, in that the amendments require good land developn~ent by maintenance of hil.lsides and providing for good engineering practice and praviding for the enhancement of the aesthetic appearance of develapment in the OP2 District of the City by es- tablishing standards far quality, quantity, and functional aspects of design, grading and drainage of hillside development consistent with Architectural Review Board Guidelines. The propased variance amendment requires dis- ~ cretionary review of existing residences, establishing criteria for development af these structures within strict guidelines that provide for the enhancement of the aes- thetic appearanae of the development. Prepared by: Stephanie Landregan, Planning Techn~cian Attachments: A. Notice of Pub].ic Hearing SVL PC/ta93005 05/21/93 - 6 - _ ~~~ ~ ~ OFFICIAL NOTICE OF PUBLIC HEAR3NG subject of Heariaq: Text A~endment 93-006, Citywide Applicant: City Council A Public Hearing will be held by the Planning Con[mission on the following request: Application for a Text Amendment to permit revisian of SMMC 5ection 9.04.08.5Q.060 to contain changes ta methodology for calculating theo~etical grade and h~ight in the OP-2 Ocean Park District; and modification of SMMC Section 9.44.20.ZO.Q3~(g), on variances, to inc~ude provisions for the granting of a height variance for existing structures with certain findings. {Planner: S. Landregan) TIME: ~EDNEBDAY, June 2, 1993 AT 7:00 P.M. LOCATI~N: COUNCIL CHAMBER, R40M 213, CITY HALL 1685 MAIN STREET SANTA MONICA, CA~+IFORNIA THE C~TY OF SANTA MONICA ENCdURAGES PUBLIC COMMENTS. INTERESTED PERSONS MAY CQMMENT AT THE HEARING, OR BY WRITING A LETTER. Letters should be addressed to: Planning Divisian, Ro~m 212 1685 Main Street Santa Manica, Cali.fvrnia 90401 Attn: (S. Landregan) Additional informativn may ,be abtained from ~hc~ Planning and Zon~ng Divisi~n. To request x~eview o.f a praject file and/or for moxe infar~nation, please ca~1 (310) 458-8341. , Tha meeting facility is handicapped access~.ble. If yau have any special needs such as sign language interpreting, please contact the Office of the Disabled at (320) 458-87~1. Pursuant to Califarnia Government Code Section G5009(b), if this matter is subsequently challenged in Court, the challenge may be limited to only those issues raised at the PubZic Hearing descr~bed in this notice, or in written correspandence delivered to the City of Santa Monica at, or prior to, the Public Hearing, Esto es una noticia de una audencia publica para_revisar applicaciones propaniendo desarrollo en Santa Monica. Si deseas mas informacion, favor de llamar a Elsa Gonzalez en la Divisian de Plantificacion al numero (3i0) 458--8341. - 1 - 0~~4 ^ A~'ACHME~T'~' D ~r-.n~? PLANNI~G COMMISSION STA~EMEN3 OF 4FFICIAL AC~ION PROJECT CA5E NUMBER: TA 93-006 LOCATION: The proposed Text Amend~ent would affect properties in the OP2 Ocean Park Low Multiple Residential D~strict which are both upslaping relative to the s~reet frantage, and exist- ing residential properties t~roughout the City with base- ments and crawl spaces that exceed 3 feet above average natural grade or theoretical grade. APPLICANT: City Council CASE PLA~NER: Stephanie Landregan, P~anning Technic~an REQUEST: Recammendation of approval to the C9ty Cau~ci~ of proposed 7ext AmEndment to the Zaning Ordinanc~ relating ta deve~ap- ment standards in the OP2 ~cean Park Low Mult~ple Residen- tial District replac~ng an existing interim ordinance. The Text a~endment modifies SMMC Sectian 9.04.08.50.060 chang- ing methodalogy for calculating theoretical grade and heiqht relativ2 to theoretical grade and modif4es SM~C Sec- tion 9.04.20.10.030(g} to include provisions for the grant- ing af a height variance for a speci~ied class of existing structures with certain f~~d~ngs. CEQA STATUS: The proposed Text A~endment is categorica7~y exempt from the pravisions of ~he California Environmental Quaiity Act pursuant to Class 5(10) o~ the City of Santa ~onica G~ide- lines for the Imp3ementat~on of CEQA. PLANNING COMMISSION ACTION 6/2/93 Date. Approved based an the fol~owin~ findings and sub~ect to the conditions below. Denied. Ot~er. Re~omme~dation of approval of proposed Text Amendment to the City Councii. FINDINGS 1. The proposed Text Amendments are consiste~~ ~n principal with the goals, ob~ect~ves, policies, land uses, and programs specified in the adopted General Pla~, in that they are consistent with Land ~se and Circulat~on ~lement Qbjec~ive 1.I0, w~ich states ~hat the City should -1- ~~-~+~}" character, specif~cally the ~arrow streets, pedestrian oriented struc- tures, street facing entra~ces, and front porches, by prav~ding stan- dards for reducing building hsight, requiring front entrances oriented toward the street, and providing for frantyard porch projections con- sistent with the neighborhood's historic arch~tectural character. VOT~ Ayes: Pyne, Polhemus, Parlee, 0'Connar, Mech~r Nays: none Abstain: none A~sent: Giipin NOTICE This is a finai decTSion nat subje~t to further appea~ und~r the ~ity of Santa Monica Comprehe~sive Land Use and Zoning Ordi~ance, the time within which ~ud~cial review af this decision must be sought ~s governed by Code of Civil Proc~dure Sectian 1094.6, which provision has been adopted by the City pur- suant to M~nicipal Code Section 1404. I hereby certify that this Statement of Official Action accurately reflects the final determination of the Planning Commission of the City of 5anta ~onica. s~g~at~re Ralph Mechur, Chairperson Please Print Na~e and Title PC/soa93006 DKW:svl ~ate -2- 0~04~