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SR-8-A/8-B ~ ~_~ LUTM:CPD: w/oP2s~' MAY ? ? i~~1 COUNCYL MEETING: May ~.2, 1992 Santa Monica, California TQ: Mayor and Ci~y Council FRdM: C~ty Staff SUBJECT: Recommendation To Adopt Two Urgency OrdinanCes Ta Change the Methad for Calculating Height in the aP-2 District, And To Reduce the Permitted Height and Require Building Entxances Oriented To the Streat in the R2R District. INTRODUCTI~N This report recommends that the City Council advpt the attached urgency ordinances which anodify the method for calculating height in the oP-2 District, and reduce the permitted height and encourage buildinq entranc~s oriented to the stre~t in the R2R District. The Ordinances will be eff~ctive for 45 days after which staff will propose a ane year extensian. These two ordinances are identical to the interiar ardinances the Council adopted in April 1991. Due to the fact that the previous interim ardinances hav~ expired, staff is recommending adaption of these new ordinances until the permanent standards are in place. BACItGROUND ~n January 22, 1991 the Council directed staff to prepare intarim standards to address specific concerns raised by residents in the OP-2 and R2R Districts. In par~icular, residents were concerned with twa issues, development of }auildings on sloping lots in the ~ w ~ ~ MAY A ~ ~i~7 ~~ - OP-~ District, and the cvmpatibility of new structures in the R2R nistrict. On March 12, 1991 the Council adopted an urgency ordinance for 45 days, and on Apri1 23, 1991 the Cauncil adapted another uzgency ordinance extending the effective date of the standards to April 23, 1992. The OP-2 ordinance madifies the methad for calculating height for parcels in the oP~2 IIistrict. Under the current, permanent ardinance, height is measured from the theoretical grade. Theoretical grade is defined as an i~aginary ~ine from the grade at th~ mid point ot the parcel on the front praperty 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 site. This m~thod uses the extremes of a parcel and may not account for variations in elevation between the axtrem~5. As a result, when a s~oping parcel is excavated, portians of a building that appear to be above grade are not counted in the maximu~ height since they are technically below the thearetical grade. Therefore, what appears ta be up to a four story bui~ding would technically be only a two stvey building. The standards in the attached ordinance wi~~ nat affect the height on flat parcels, but wil~ significantly changa what can be - 2 - canstructed on s~oping parcels. The ordinance contains tha follawing provisians: o Maxim~m height 15 measured from the street Ievel and runs paralleZ with the slope of the parcel; o The building may only increase in height .8 feet for each foot of site rise; o If excavation accurs, the natural grade existing an the parc~l prior to construction must be re-established. This ensures that the below grade portion o~ the building is in fact belaw grade. a The firs~ story is countad from the point where the building is more than 3 feet above the existing grade. This limits the amount of building area that can ba constructad on a sloping parcel. The R2R ordinance reduces building height so that it is cansistent with the height permitted in the OP-2 District. Under the c~rrent permanent ordinanc~ the permitted height in the R2R District is two stories not to exceed 25 feet, except ~loped roofs may extend up to 35 feet. The standards in the attached ordinance permit two stories 23 feet for a flat roaf and two stories 30 ~eet for a sloped roo~. In addition to the height, the issue of compatibility was raised by the residents. Buildings lacking street orientation have been canstructed in the area, changing the neighborhood character of these narrow streets. Therefare, th~ ordinance encourages new can~truction ta provide a building entrance oriented toward the street with a front porch. _ ~ _ PLANNING COMMIBSION PROCE$S These standards are proposed on an interim basis whila 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 ather changes ta the ocean Park development standards. Two public workshaps ha~~ been conducted to gather input on the propased changes. Staff is currently preparing the ordinance modifications for City Attarney review. Planning Comm~ssian hearings are anticipated ta accur in the next three to four manths. BUDGET~FINAPTCIAL IMPACT The recommendation prasented in this report does not have a budget ar fiscal impact. RECOMMENDATION ~t is recammended that the City Council introduce for adoption the interim urgency ordinances for the R2R and OP-2 Districts. Prepared By: Pau~ Berlant, Director of LUTM Suzanne Frick, Principa~ Planner Land Use and Transpartation Management Department Pragram and Palicy Development Division - ~ - • City Council Meeting: 5--12--92 Santa Monica, Ca~ifornia dRDINANCE NUMBER 1623 (CCS) (City Co~ncil Series) AId QRDINANCE OF THE CITY CaUNC2L flF THE CITY OF SANTA MONICA MODIFYING THE DEVELOPMENT ~TANDARDS IN THE OP-2 ~ONING DISTRICT ON AN INTERIM BASIS AND DECLARING THE PRESENCE OF AN EMERGENCY THE CITY COUNCIL OF THE CITY OF SANTA MON~CA DOES ORDAIN AS FOLLOWS: SECTION 1. Findings and Purpase. The City Council finds and declares: (a) Since the adoptian of the Ocean Park Zaning Standards in 5eptember 1989, development projects have been approved on s~opinq sites in the DP-2 Ocean Park Low MultipZe Residential Distri.ct that, while consi~tent with the ordinance specifisd height requirements, are not consistent with the ordinance intent and are not compa~ible with ~he surrounding neighborhood. (b) The patential far deveZopment to the curr~nt3y specified height limit in the OP-2 District poses a current and immediate threat to the p~blic health, safety and we~.fare of the residents, and the approvaZ af permi~s for such development would result in a threat to public heaZth, safety, and welfare. _ ~ .. (c} The Zoning 4rdinance requires review and revision as it pertains to the appropriate deve~opment standards for the oP-2 Zaning District. (d) Pending completion of this review and revision, it ~s necessary to madify on an interim basis the existing zoning to prevent deveZopment in the OP-2 District from h~ight incompatibi~ity with existing structures in neighbarhoads with sloping sites, thereby preventing deveZopment inconsistant with existing Iand uses ~n and the general character af the ~P-2 District. (e) On April 23, 1991, the City CaunciZ adopted an ord~nance estabZzshzng interim standards fnr the QP-2 District to prevent the construction of incompatible buildings an siaping parcels. (fy Two public workshops have been conducted to gather public input on the proposed changes to the aP-2 development standards. The pub~ic prooe~s is s~ill underway, therefore it is necessary to maintain interim standards until such time as ~he permanent standards are in place. SECTION 2. ~nterim zoning. No development ar permit shall be approved pursuant ta Chaptar 1 of Article IX of the Santa Manica Municipal Cade, and no Subdivision or parcel map sha~2 be approved pursuant to chapter 3 of Article ~X of the Santa Monica Municipal Code, for land in the OP-2 District unle~s the tollowing findinqs are made: _ ~ _ r {1) The project camplies 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 Manica Munieipal Code. (2} On upsloping parceis whEre the change in elevation from frant ta rear is 10 feet ar greater, maxi~um allowable height for structures shall conform to the following: (a) One story 14 feet (znc7.uding parapets and rail.s} for the first 15 feet on the parcel measured back from the frant parcel line. Maximum permitted height shal~ be measured fram the inside edge of the existing sidewalk (the edge closest ta the front parcel line} and then running parallel to the existing grade of the parcel. (b} Two stories 18 ~eet for a f~at roaf and 23 teet for a pitched roof (including parapets and railings) for that portion of the str~zcture located between 15.1 feet and 30 feet measured back fram the frant parcel line. Maximum permitted height shall be measured ~rom 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. (c) Th~ maximum permitted height for stz-uctures beyand 30 feet from the front parcel line shall be two st~ries 23 feet for a flat r~of or 30 feet for structures with a pitched roof. riaximum building height far this portion of the structure shall be measured vertical3.y from the existing natural grade and then - 3 - paralle~ to the existing natural grade of the parcel to the rear property line. (d) The natural grade existing on the parcel~ prior to any new construction, shall be returned to its originaZ state if excavation occurs. An opening to a garage may remain ~xcavated. (e) Any portian of a building more than 3 feet above th~ existing natural grade shall be caunt~d as a story. The first stvey of a structure sha~l be determined as the portivn of the structure closest to the front property line that extends more than 3~ above the existing natural grada, (f) No portion of any structure excaeds the maximum a1lQwable height or permitted nu~be~ of stories. (3) The prajact complies with Section 9040.27 of the 5anta Monica Municipal Code except that parcels having a width of 5~ or greater shall provide an unexcavated area equal to 4 feet in width along the entire length of one of the side property ~ines and an unexcavated area equal to 2 feet 6 inches in width alang the entire length of the a~her side property line. Parcels in excess of 70 feet in width, sha11 provide an unexcavated area Qf at least 4 feet in width aZong the entire length of both side yards. (4) Far all parcels ather than those described in Section 2(2), build~ng height shall confarm to the existing OP-2 property develapment standards set forth in Chapter 1 of Article IX of the Santa Monica Municipal Code. _ ,~ _ SECTION 3. This Ordinance does not apply to any projec~ the application for which was deemed complete on or before May 12, ~992. SECTION 4. This Ordinance shall be of no £urth~r force and effect 45 days from its adoption. SECTION 5. This Ordinance is dec~ared ta be an urgency measure adopted pursuant to the pravisions of Section 912o.s of the Santa Manica Municipal Code and S~ation 61~ of the Santa Mnnica City Charter. It is necessary for preserving the public peaca, health, and sa~ety, and the ~rgency far its adoption 15 set f~rth in the findinqs abave. SECTIaN 6. Any pravision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions af this Ordinance, to the extent of such inconsistencies and no further, are hereby r~pealed or modified to that extent necessary to effect the pravisions of this Ordinance. SECTION 7. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reasan held to be inva~id ar uncanstitutional by a decisian of any court of any competent jurisdiction, such decision shal~ not affect the va~idity of the remaining portions of this Ordinance. The City Council heraby declares that it wauld have passed this Ordznance, and each and every sect~on, subsection, sentence, clause, or phrase not declared invalid or uncanstitutionaZ withaut regard to whether any portion af the Ordinance wouZd be subsequentZy declared invalid or unconstitutional. - 5 - Section 8. The Mayor sha~l sign and the City C1erk sha~l attest to the passage of ~his Ordinance. The City Clerk shal~ cause the same to be published once in the afficial newspap~r within 15 days after its adoption. This Ordinance shali become effective upon adaption. APPR4VED AS Ta FdRM: 1.--- ' _'-`~~ ROBERT M. MYERS ~ City Attorney Qp5b2 - 5 - Adaptad and appraved this 12th day of May, 1992. p Mayor ` I hereby certify that the foregoing Ordinance No. I623(CC5) was duly and regularly introduced at a meeting of th~ City Council on the 12th day of May 1992; ~hat the said Ordinance was thereafter duly adopted at a meating of the Czty Cauncil an the 12th day of May 1992 by the folZowing Council vot~: Ayes: Councilmembers: Abdo, Genser, Halbrook, Katz, olsen, Vazquez, Zane Noes: Counci~members: None Abstain: Councilmembers: None Absent: Councilmembers: None ATTEST; 1~8 & ~y ~~'~a'~°-~- ~ Ci~y Clerk ' BEFORE DISTRIBUTI~N CHEGK CONTENT OF ALL FQ~ CITY CLERK'S ACT~ON DISTF~~BUTION OF RESOLLIT~t~N #,~ _ _ DRDINANCE # ~~~ ~ . ._ Cauncil Meeting Date '~f'~~~~- _ Xntroduced: ~~-Zf9~ S- Aqenda Item ~ ~ ° ~_ Adopted: / ~ ~ ~- ALWAYS PUSLISEI ADOP~Ed ORII~NA:ICE: ~Pas it ttmended? ~~ Cross out Attoxn~y's appro~al V4TE: Af~frmative s ~~ ~ ~ G~ ~ ~ , NQgative; , „ , Abatain: .. * Ab s ~n t : ~~x ax~.*~- PROOF V4TES WITH ANOTHER QERSQN BEFORE ~NYTHING DISTRIBUTIOt~: ORIGZNAL to he s~.gned, sealed and filed i.n va~alt. NEWSPAPER PUBLICATION {Date: , ) Department originating staff report( 1 4xdinances only for Attorney ( Claudia Thompson} Mana~e~nent Serv~ces Lynne Barret~~ ORE3TNANCES O~tLY Agency mentioned in documen~ ar staff report (certif~ed7) Sub~ect file (agenda packet~ Counter f~le . Others: (Revie~r for departments wha need to know). Airport Par~ing Auth. Auditor~.vm Personnei Building Degt. P~anning I CIED Police ~inanee , Purcha~ing General Serv. RecrlParks Library Transportatiort Manager Treasurer Fire ~ SEND ~'QUR COP~F~S OF ALL ORDINANCE$ TO: 1~~~~'t' ~~,.c.'~`.~..::~ ~''~/= V.CTiL~'~-[-f-M~uc ~ .J~ f '~ _ Z eet ~ol ~ ~~~~~- .._-- ~---- ^ ~ _tr^?1 ~ u ~.. a t~ _.. 7 7~ 7 f.ti ~4+- ~TT1~~~ ~v ~rN~ L~,tF,e ~~ rc.Err.~ 9~ / d9' --S .7 y'.~ SEND FQUR CQPIES dF ALT. ORD~NANCES TO: 4 Debra Myrick San~af Monica Municipal Cauxt 1?25 Main Stree~t, Raom ~1.8 sa~-,Fa Mc~ni.c~, cA soaoa. Tota~ eop~.~~ { ~- 1 _ ~ 1 , ~ ~r City Cauncil Meeting: 5-12-92 Santa Monica, Californi~ ORDINANCE NUMBER i~~~ (CCS) (City Council Series) AN ORDINANCE OF THE CITY CDUNCIL OF THE CITY OF SANTA MONICA MODIFYING THE DEVELOPMENfi STANDARDS IN THE R2R DISTRICT aN AN INTERIM BASIS AND DECLARING THE PRESENCE OF ~,N EMERGEI~3CY THE CTTY COUNCIL ~F THE CITY OF SANTA MdNICA DOES ORDA~N AS FOLLOWS; SECTION 1. Findings and Purpose. The City Council finds and deelares: (a) Tha R2R Low Density Duplex District, known historically as the Centra3 Beach neighborhood, is characterized primarily by low scale, turn of the century single family homes that represent the most intact example of ~arly 5anta P4onica beach cottages constructed primarily betwean Z900 and 1905. (b) WhiZe heights and densities have been reducad, and setback, ].andscapzng, and private apen space requ~rements increased in the adjacent Ocean Park residential area, the development standards in the R2R dis~rict have not been reviewed since their adoption in 1983.. (c) The height requirement in the R2R District at 2 stories/25 feet ~or a structur~ wi~h a~lat roof or 2 stories/35 ~eet ~or a structure with a pitched roof, is currently higher - 1 - than any residential district in the Ocean Park area ~~ith the exception of the OP-4 High Multiple Residential District. (d) The R2R District, similar to the OP-Duplex District, is composed of sma~l parcels desiqnated primarily for single family or duplex uses. (e) The character of the R2R District is enhanced by its narrQw streets, pedestrian scale structures, street facing entrances, and numerous front porches. (t) Tha potential for development to the current3y specified height limit in the R2R District poses a current and iminediate threat ta the public health, safety and we~fare of the residents, and the approval of permits for such development would result in a threat to pub~ic hea~th, safety, and we~fare. (g) The Zoning Ordinance requires review and revision as it pertains to the appropriate development standards far the R2R District. (h) P~nding completian of this review and revision, it is necessary to modify on an interim basis the ~xisting ~aning to prevent development in the R2R District from b~ing canstructed without the design amenity of a front porch and up to a height of 35 feet~ thereby preventing development incansistent with existing land uses in and the gen~ral character o~ the R2R and ~P-2 Districts. - 2 - thereof shall otherwise be set. SECTION 4. CERTIF~CATIQN The City Clerk shall certify to the adoption of this resolution~ and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TD FORM: ~ ~ , ~-~ ROBERT M. MYERS City Attorney ~/2s/s2 9 foot frant yard setback. Far parcels 32 feet or less in width, a variance to modify the parking configuration may be considered pursuant to Chapter 1 of Article IX of the Santa Manica Municipal Code. SECTION 3. This ardinance sha11 not apply to any project the applicatian for which was deemed camplete on or before May 12, 1992. SECTION 4. This Ordinance shall be a~ no further force and effect 45 days from its adoption. SECTION 5. This ordinance is declared to be an urgency measure adapted pursuant to the provisions of Section 9120.6 0~ the Santa Monica Municipal Code and Sectian 61~ of the Santa Manica City Charter. It is necessary for preserving the public peace, haalth, and safety, and the urgency ~ar zts adoption is set farth in the fzndings abave. SECTION b. Any provision qf the Santa Monica Municipai Co~e or appendices thereta inconsistent with the provisions of this ~rdinance, to the extent of such inCOnsistencies and no further, are hereby repealed or madit~ed to that extent necessary to effect the provis~ons af this Ordinance. SECTION 7. If any section, subsectian, sentance, clause ar phrase a~ this Ord3nance is for any reason heZd to be invalid or unconstitutzonal by a decision of any court of any competent jurisdiction, such decision shall nat affect the va~idity of the remaining portion~ of ~his Ordinance. The eity Council hereby -- 4 - declares that it would have passed this ~rdinance, and each and ~very section, subsection, sentenc~, c~ause, or phrase not dec~ared invalid or unconstitutional without regard to wheth~r any portion of the Ordinance would be s~zhsequently declared invalid or unconstitutional. S~ction 8. The Mayar shall sign and the City Glerk 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. APPROVE~ AS TO FORM: ~.,r~ . ROBERT M. MYERS City Attorney apsb3 - 5 - Adapted and approved this 12th day of May, 1992. -, f~. ; l •~ r • Ma~r Pro Tempore I h~reby certify that the foregoing ~rdinance No. 1624(CCS} taas duly and regularly introduced at a meeting of the City Council on the 12th day of May 1992; that the said Ordinance ~ras thereafter duly adopted at a meeting of the City Council on ~he 12th day of May 1992 by the following Council vate: Ayes: Noes: Councilmemb~rs: Abdo, Holbroak, Katz, olsen, Vazquez, Zane Councilmembers: None Abstain: Councilmembers: None Abs~nt: Cauncilmembers: Genser ATTEST: ~ ~~,~w¢`"" ~ ~ J ~ City Clerk~