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SR-8-A (139) or~:#:: /q3b ccs ((;t~18A J Z-q-C;q) gA FEB 2 3 1999 f \atty\munr\strpts\bar\sub3per sr City Council Meetmg 2-16-99 Santa MOnica, California TO Mayor and City Council FROM City Attorney SUBJECT An Ordinance of the CIty Council of the City of Santa MOnica Amending Section 9040802070 of the Santa Monica MUnicipal Code to Increase the MInimum Lot Width Requirements From 50 Feet to 100 Feet and the Minimum Lot Depth Requirements From 100 Feet to 175 Feet For R1 Zoned Parcels Within The Area Bounded by The Center Lines of First Court Alley, Seventh Street, Montana Place North Alley, and Adelaide Drive Introduction At Its meetmg on February 9, 1999, the City CounCil Introduced for first reading an ordinance amendmg MUnicipal Code Section 9 04 08 02 070 to Increase the mmlmum lot Width requ rrements from 50 feet to 100 feet and the mInImum lot depth reqUIrements from 100 feet to 175 feet for R1 zoned parcels Within the area bounded by the center lines of First Court Alley, Seventh Street, Montana Place North Alley, and Adelaide Drive The ordinance IS now presented to the City CounCil for adoption Recommendation It IS respectfully recommended that the accompanymg ordinance be adopted PREPARED BY Marsha Jones Moutne, City Attorney SA- FES 2 3 1999 - ...-----. ~ t f \atty\mum\laws\barry\sub3 per CIty CouncIl Meetmg 2-16-99 Santa Momca, CalIfornIa ORDINA..l"\'CE Nill.1BER 1936 (CCS) (CIty CouncIl Senes) A...'T ORDINA.Ll\fCE OF THE CITY COlliCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 9 04 08 02 070 OF THE SANTA MONiCA MUNICIPAL CODE TO INCREASE THE MINIMUM LOT VvIDTH REQUIREMENTS FRO~f 50 FEET TO 100 FEET A}.;TI THE MThTh1UM LOT DEPTH REQlTIREMENTS FROM 100 FEET TO 175 FEET FOR R1 ZOl\'ED PARCELS WITHIN THE AREA BOlTNDED BY THE CENTER LINES OF FIRST COURT ALLEY, SEVENTH STREET, MOl\'TANA PLACE NORTH ALLEY, A.~TI ADELAIDE DRIVE WHEREAS, the area of the CIty bounded by Seventh Street, Adehude Dnve, FIrst Court Alley. and Montana Place North Alley IS located wIthm the PalIsades Tract whIch was ongmally subdIVIded III 1905 _ and WHEREAS. thIS area constItutes a umque and dlstmctIve neIghborhood, and \\1-IEREAS. among the PalIsades Tract's specIal charactenstlcs are 100 foot WIde streets. as opposed to the 60 foot to 80 foot WIde streets tYPIcal for other R1 zoned areas of the Cny. parcels with 100 feet of street frontage. as opposed to the tYPIcal RI parcel street frontage of 50 feet. 175 foot parcel depths. as opposed to the tYPIcal 150 foot deep parcels found throughout most of the City. 40 foot front yard setbacks. as opposed to the 20 foot to 30 foot front yard setbacks m most of the other Rl areas of the Cny, and parkways and SIdewalks \-",hleh are on average 25 feet III WIdth, and -~~ , \VHEREAS, each of these features has a direct and substantIalrmpact on the character and scale of the neIghborhood, and \VHEREAS, the Pal1sades Tract was designed and developed to accommodate large homes wIth large yards. and consequently, the Pal1sades Tract presently contaInS large, old homes surrounded by substantIal yards and gardens. and \VHEREAS. as a result of Its broad streets and path\vays, large lots, old homes, ample yards and gardens, and substantIal setbacks. the Pal1sades Tract provides more open space than any other reSIdentIal neIghborhood m the City, and WHEREAS, the CIty Itself IS extremely dense wIth a land area of Just 8 square mIles and a populatIOn of approxImately 90.000 people. and \\'lIEREAS, the combmatlOn of an ocean sIde locatIOn, fine chmate, vigorous economy, and urban facIlmes, serVIces and entertamment venues make the CIty an extremely desrrable place to work or VISIt, and WHEREAS. on any weekday, approxImately 300,000 persons are present 10 the CIty, and on weekends. thIS number frequently clImbs to 500,000 or more, and WHEREAS. populatIOn denSIty and congestlon both present threats to the quahty of I1fe m the CIty. and WHEREAS. gIven the CIty's denSIty. the PalIsades Tract and the open space It provIdes are umque recreatlonal and aesthetIc assets, prondmg a neIghborhood m WhICh CIty reSIdents and nSltors frequently ,'valk and bIcycle due to 11s speCIal ambIence, and \\lIEREAS. although the Pal1sades Tract was subsequently expanded In 1912 eastward, that portIOn of the Pahsades Iract was not developed III the same scale and character as the ongmal PalIsades I ract and IS not mcluded wnhm the scope of thIS ordmance. and 2 , WHEREAS, benveen 1947 and the early 1970's, a number of subdIvISIons of the parcels occurred In the PalIsades Tract havmg been approved adImrustratrvely as a matter of nght, and \v'HEREAS. III 1976, the CIty CounCIl adopted Ordmance 1024 WhICh repealed the nght to subdIVIde lots as a matter of nght and reqUired publIc notIce of a vanance applIcatIOn to approve lot splIts under certam condltlons, and \VHEREAS. III 1984. the CIty CouncIl adopted Ordmance 1294 to Implement the State SubdIVISIOn Map Act and reqUire Plannmg ComnnsslOn approval of subdIVISIOn requests; and Vv'HEREAS. smce 1976, no lot splIt has been approved m the PalIsades Tract whIch has resulted III the maJonty of the ongmal 100 foot parcels m the PalIsades Tract stIll bemg Illtact and the angmal character and scale of the tract stIll bemg mamtamed, and \VHEREAS, the loss of any addItIOnal 100 foot parcels would adversely and Irrevocably change the character and scale of the PalIsades Tract for the followmg reasons (1) Reducmg lot \vIdth from 100 feet to 50 feet would reduce the reqUlred sIdeyard setback by 50%, resultmg III less open space between homes and greater development denSIty (2) Reducmg lot WIdth would also result m the removal of older homes III the neIghborhood and (3) SplIttmg an eXIstIng 100 foot Wide parcel mto two 50 foot WIde parcels would be InCOnSIstent WIth the ongmal deSIgn and plan for the character and scale of the PalIsades Tract, and WHEREAS. WIthm the past 1\\'0 years, real estate values In the Cny have nsen slgmficantly. and the City has received two applIcatIons for subdIVlSlons of lots m the Pahsades Tract. and 3 , WHEREAS, the CIty antIcIpates that other applIcatIOns wIll be forthcomIng, and WHEREAS, In response to these facts, the CIty CouncIl adopted Ordmance Number 1892 (CCS) on December 16, 1997, WhICh ordInance establIshed a 45 day moratonum on subdIvIsIOns III the area bounded by Ocean Avenue, Seventh Street, AdelaIde Dnve, and ~10ntana A venue. pendmg tlus reVISIon to the Santa MOllIca MumcIpal Code, and \VHEREAS. on January 27,1998, the CIty CouncIl adopted OrdInance Number 1897 (CCS) WhICh extended the moratonurn for an addItlOnal48 months; and \VHEREAS, on March 24, 1998. the CIty CounCIl dIrected staffto research and prepare a permanent Zomng Ordmance amendment, and \VHEREAS. m order to ensure that thIS proposed ordInance addressed all Rl propertIes WIthIn the Pahsades Tract west of Seventh Street, staffreexarnmed the boundanes m the mtenm ordmance and recommended that the boundanes be estabhshed as the center hnes of Ocean Avenue. Seventh Street. Montana Place North and AdelaIde Dnve, and \\"HEREAS, on October 7, 1998, the Planmng CommIssIOn adopted a ResolutIon of IntentIOn gIvmg notIce of Its mtentIOn to conduct a publIc heanng to consIder a recommendatIOn to amend the Zomng Ordmance III accordance wIth the CIty CounCIl dIrectIOn, and WHEREAS. on November 4. 1998, the Plannmg ConlllllsslOn held a publIc heanng on the proposed zomng text amendment and recommended that SectIOn 9040802070 of the Santa IVlomca :\-IumcIpal Code be amended to Increase the mlmmum lot WIdth reqUIrement from 50 feet to 100 feet and the mIlllmum lot depth reqUIrement from 100 feet to 175 feet for Rl Zoned parcels located wIthm the boundary descnbed above. and 4 , WHEREAS, In response to CommIsSIOn comments, staff recommended to the CIty CouncIl that the western boundary ofthe area affected by tins proposed amendment be the centerhne ofFust Court Alley rather than the centerhne of Ocean Avenue, and Vv'HEREAS. the CIty CounCIl held a pubhc heanng on the proposed ZonIng OrdInance Text Amendment on February 2, 1999, and \VHEREAS, the CIty CounCIl finds and declares that the proposed amendment IS conSIstent m pnnclple WIth the goals, obJectIves, pohcles, land uses, and programs specIfied III the adopted General Plan, specIfically. Polley 1 10 I ofthe Land Use and CIrculatIOn Element, whIch proVIdes In relevant part that the CIty shall "Encourage the development of new housmg III all eXIstIng reSIdentIal dlstncts, \....hIle stIll protectmg the character and scale of neIghborhoods. ,. and WHEREAS, preservatIOn of the neIghborhood character and scale would result from thIS text amendment based on the detailed findmgs set forth above, and WHEREAS, the CIty CouncIl finds and declares that the pubhc health, safety and general welfare reqUIre the adoptIOn of thIS proposed ordmance In that Santa MOllIca MUnICIpal Code Sectlon 9 04 08 02010 prOVIdes m relevant part that "the Rl Dlstnct serves to maIntaIn and protect the eXlstmg character of the reSIdentIal neIghborhood" and these quallt1es cannot be preserved and protected In the above-descnbed portIOn of the PalIsades Tract WIthout further preventmg the subdIVISIOn of lots wIthm thIS area, and WHEREAS, subdIVISIOn of lots wnhm thIS area would detnmentally Impact the scale and character of thIS portIOn of the Pahsades Tract whIch IS an exceptIOnal Cny asset enjoyed by reSIdents and VISItors. and 5 , WHEREAS. approval of lot splIts less than the mmImum standards establIshed by thIS proposed ordmance would Irreversibly alter the essentIal character and scale of the PalIsades Tract and depnve the CIty of a umque and essentIal resource NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MOi\'1CA DOES HEREBY ORDAIN AS FOLLOWS SECTION 1 SectIon 9 04 08 02 070 of the Santa Momca MuniCIpal Code IS amended to read as follows 9.04.08.02.070 Property development standards. All property m the Rl DIstrict shall be developed In accordance WIth the followmg standards' (a) ].\laximum Building Height. (1) Two stones, not to exceed 28 feet, whIch mcludes all bUlldmg elements except chlDlneys and reqUIred vents, (2) On lots of more than 20,000 square feet WIth a mImmum front parcel lme dImenSIOn of 200 feet, the heIght shall not exceed 35 feet for a pitched roof or 28 feet for other types of roofs (b) l\laximum Unit Densit~;. One dwellIng umt per parcel, except where a Use Penmt has been approved for a duplex as perrmtted by SectIOn 9040802040(a) 6 " (c) l\-finimum Lot Size. 5,000 square feet Each parcel shall contam a mInImUm depth of 100 feet and a mImmum wIdth of 50 feet except for parcels bounded by the center lInes ofFust Court Alley to the west, Seventh Street to the east, Montana Place North Alley to the south, and AdelaIde Dnve to the north. whIch shall contam a mInImUm WIdth of 100 feet and a mInImUm depth of 175 feet Any parcel eXIstmg on the effectIve date of thIS Chapter shall not be subject to thIS reqUIrement. (d) lVlaximum Parcel Coverage. 40 percent except that parcels between ,.001 and 5,000 square feet may have a parcel coverage of 50 percent, and parcels of 3 ,000 square feet or smaller may have a parcel coverage of 60 perc em (e) Front Yard Setback. As shown on the OffiCIal Dlstnctmg Map of the CIty, or, If no setback IS speCIfied, 20 feet (f) Additional Front Stepback Above 14 Feet in Height. For new structures or addItIOns to eXIstmg structures, any portIon of the front buIldmg elevatIOn above 14 feet exceedmg 75 percent of the maXImum bUIldable front elevatIOn shall be stepped back from the front setback hne an addltlonal average amount equal to four percent of parcel depth, but m no case resultmg tn a reqUIred stepback greater than 10 feet As used In thIS Chapter. "maXImum buildable elevatIOn" shall mean the max.Imum potenuallength of the elevatIOn permItted under these 7 I regulatIOns, whIch mc1udes parcel wIdth or length (as applicable). mmus reqUIred mlmmum setback. (g) Rear Yard Setback. 25 feet (h) Additional Rear Stepback Aboye 14 Feet in Height. For new structures or addItIOns to eXIstmg structures, any portIOn of the rear buildmg elevatIOn above 14 feet exceedmg 75 percent of the maxImum bUIldable rear elevatIOn shall be stepped back from the rear setback lme an addItJ.onal average amount equal to four percent of parcel depth, but In no case resultmg m a reqUIred stepback greater than 10 feet (1) Side Yard Setback. Ten percent of the parcel WIdth or a mmUTIum of three feet SIX mches, whIchever IS greater, but In no case greater than 15 feet (See also SectIOn 9.04 10.02 190) (]) Additional Side Stepbacks Above 14 Feet in Height. For new structures or addItIOns to eXIstmg structures. any portIOn of the SIde bUIldmg elevatIOn above 14 feet exceedmg 50 percent of the maXImum bUIldable slde elevatIOn shall be stepped back from the SIde setback lIne an addltIonal one foot for every 2 feet 4 Inches above 14 feet ofbUIldmg heIght to a maXImum heIght of 21 feet 8 (k) Additional Side Stepback Above 21 Feet in Height. No portIOn of the bUIldmg, except permItted proJectIOns, shall mtersect a plane commenCIng 21 feet In heIght at the mInImUm sIdeyard setback and extendIng at an angle of 45 degrees from the vertIcal toward the mtenor of the SIte (1) Front Yard Paving. No more than 50 percent of the reqUIred front yard area mcludmg dnveways shall be paved, except that lots WIth a wIdth of25 feet or less may have up to 60 percent of the reqUIred front yard area paved (m) l\'Iodifications to Stepbacks Above 14 Feet in Height. The stepback reqUIrements of subsectiOns (f), (h), (j), and (k) of this SectlOn may be modIfied subject to the reVIew and approval of the ArchItectural RevIew Board If the Board finds that the modIficatIOn wIll not be detnmental to the property. adJoInmg propertIes or the general area m whIch the property IS located. and the objectIves of the stepback reqUIrements are satIsfied by the pronslOn of alternatIve stepbacks or other bUIldmg features whIch reduce effectIve mass to a degree comparable to the relevant standard reqUIrement (n) Driveways. No more than one dnveway per parcel to a publIc street shall be penmtted on parcels less than 100 feet In wIdth. 9 (0) Basements and Subterranean Garages. No basement or subterranean garage shall extend Into any required yard setback area, except for any basement or garage located beneath an accessory buildIng whIch IS othef\VISe permItted \Vlthm a yard area, If such basement, semI-subterranean or subterranean garage IS located at least five feet from any property lIne. (P) Access to Subterranean Garages and Basements. (l) Up to a total of 50 square feet of area m the sIde and rear yards may be utIlIzed for lIghtwells or staIf\Vays to below-grade areas of the maIn bUIldmg and any accessory bUIldmgs, (2) No more than three feet of excavatlOn below grade for a dnveway, staIrway. doorway, hghtwell, wmdow or other such element to a subterranean or semI subterranean garage or basement shall occur In the front yard setback area ThIS reqUIrement may be modified by the ArchItectural ReVIew Board for parcels WIth an elevatIOn nse of five feet from the front property lIne to a pomt fifty feet towards the mtenor of the SIte If It finds that topographIC condmons necessItate that such excavatIon be permItted (q) Roof Decks. Roof decks shall be set back at least three feet from the mmImum sldeyard setback. The heIght of any raIlmgs or parapets 10 F \A 'IT"{\MU\:TILA WS\BARRYAUTO EXP CIty CouncIl Meenng 2-16-99 Santa MOllica, Cahfomla ORDINANCE NUMBER 1937(CCS) (City CouncIl Senes) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTION 9 0408 15040 OF THE SANTA MONICA MUNICIPAL CODE TO CONDITIONALLY PERMIT EXISTING AUTO REPAIR BUSINESSES LOCATED IN THE BSC-3 ZONING DISTRICT TO EXPAND OR INTENSIFY PROVIDED THE PROPERTY IS PHYSICALLY IMPROVED TO COMPLY WITH CURRENT DESIGN AND DEVELOPMENT STANDARDS WHEREAS, the BSC District does not permit or conditionally permit new auto repair businesses, and WHEREAS, eXlstmg auto repair busmesses In the SSC District are considered legal non-conforming uses which are only allowed to contmue operation provided the business IS not expanded or mtenslfied, and WHEREAS, there IS a significant daytime commuter workforce and eXisting downtown auto repair faCilities provide these commuters with faCilIties where they can drop off their cars and walk to work, thereby providing a needed service and reducing vehicle tnps to more distant auto shops, and WHEREAS, thIs zoning text amendment would allow the expansIon or intensification of eXisting legal non-conformmg auto repair businesses that are located In the BSC-3 Zoning District subject to a Conditional Use PermIt, provided such property IS physically Improved to comply with current Bayslde special project design and development standards, pedestnan-onented design standards. and the special 1 wIthm 15 days after Its adoptIOn Tills Ordmance shall become effectIve 30 days from Its adoptlOn APPROVED AS TO FOR..t\.1 {}1 It f" (j 'it.A I,. fv" tlARSHA Jq~MblJrRIE -- CIty Attorney-' 12 ~ ----- r~ \ J---f-t1A 1 ()::o{,( Pt O'C.onnor.l\-layor State of CalifornIa ) County of Los Angeles) ss CIty of Santa MOllIca ) 1. Mana 1\1 Stewart. CIty Clerk of the Cny of Santa MOllIca, do hereby certIfy that the foregomg Ordmance 1'0 1936 (CCS) had Its first readmg on February 9. 1999 and was adopted on February 23, 1999 by the followmg vote A\es CouncIl members Femstem. McKeo\\n. O'Connor, Rosenstem Noes CouncIl members None Abstam CouncIl members 1\ one Absent CouncIl members Genser. Holbrook i\TTEST ......- ~'\u.~ ~lana M Ste\\'art, CIty 'perk