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SR-8-B (129) }-$ LUTM:SF:/pch.word.ppd COUNCIL MEETING: May 28, 1991 MAV ,:;.' 1(\0' . ~ ~~, "oJ' Santa Monica, California TO: Mayor and city council FROM: city staff SUBJECT: Recommendation to Adopt for First Reading Proposed Interim Ordinance Modifying the Permitted Height For R4 Parcels Located Along Pacific Coast Highway Between the Santa Monica pier and the Northern city Limits INTRODUCTION This report recommends the City council adopt an interim ordinance establishing new height standards for R4 parcels along pacific Coast Highway between the Santa Monica pier and the Northern city limits. In addition, should the Council decide to apply these standards to Rl parcels, staff is recommending the council direct staff to return with a revised interim Ordinance that includes the Rl District. Permanent standards will be developed as part of the Local Coastal program and will return for Council review when the document is scheduled for a public hearing. BACKGROUND On April 16, 1991 the City Council adopted a 45 day interim ordinance that reduced the permitted height for parcels along Pacific Coast Highway from 4 stories 45 feet to 30 feet. The ordinance did not change the height requirements for Rl parcels - 1 - }-8 Ml\Y "r ::)(f, in the same area. Concern was expressed over newly constructed 45 foot high buildings that impacted views of the ocean from the Palisades bluff. staff was directed to return to the Council with alternatives as part of the Local Coastal Program (LCP). However, the interim ordinance adopted by Council will expire before the LCP is scheduled for Council review. Therefore, staff is recommending the Council adopt the proposed ordinance as interim standards. The permanent standards will be developed as part of the LCP public review process. Staff originally developed three alternatives for Council consideration, however, as a result of a meeting with Council representatives and individuals interested in this issue, a new set of standards were developed. The Ordinance presented to the Council reflects the new standards and is recommended for adoption by staff. The previous alternatives consisted of: o Maintain the present interim standards of 2 stories 30 feet for all the R4 parcels along Pacific Coast Highway. o Limit all R4 parcels along Pacific Coast Highway to 30 feet in height, however, any R4 parcel may be permitted to go up to 40 feet in height subject to the approval of a Development Review Permit by the Planning Commission or City Council upon appeal. o Limit all R4 parcels along Pacific Coast Highway to 30 feet in height, however, permit R4 parcels north of Beach Parking Lot #10 to go up to 40 feet in height SUbject to the approval of a Development Review Permit by the Planning Commission or city Council on appeal. - 2 - After reviewing several alternative scenarios presented at the meeting, staff: has prepared an interim ordinance that contains the following provisions: o Structures may not project beyond the required site view envelope. The site view envelope is defined as beginning at the midpoint of the minimum required beach setback line, going up a height of 30 feet and then running parallel to the side parcel lines to a point located 5 feet in height above the Palisades bluff at the pedestrian rail. (see Exhibit A) o At no point may a structure exceed 40 feet in height. o side yard and front yard stepbacks will be required for that portion of the building above 14 feet in height. staff has determined that the Palisades bluffs rise gradually in elevation from approximately 55 feet at Colorado Avenue to approximately 165 feet at the northern city limit. The change in elevation appears even with a 5 foot rise in elevation every 300 feet going north. The approximate height of the bluffs at Washington Avenue (mid-point) is 112 feet. This proposed Ordinance will take into account the height of the bluffs as buildings are constructed. A structure over 30 feet in height at the beach setback could impact ocean views from Pal isades Park. Therefore, the Ordinance does not permit any structure to exceed 30 feet in height along the beach frontage, however, additional height may be permitted further back on the parcel in a location that will not impact the view. As part of the approval process, applicants will be required to submit site line drawings from the Palisades bluff. Elevation drawings - 3 - showing the proj ect in context with existing structures along Pacific Coast Highway will also be required as part of the Archi tectural Review Board process. In addition to the above, building stepbacks will be required for that portion of the structure above 3D feet in height. Those stepbacks are similar to those developed as part of the North of Wilshire Design standards. For the street elevation, 30% of the front elevation above 14' in height must be set back an additional average of 5 feet from the minimum front setback. For one side elevations, 25% of the side elevation above 141 in height must be setback an additional average of 4 feet. At the meeting the issue of applying the standards to R1 parcels was raised. staff has conducted a survey of the existing heights of buildings in the R1 area which determined that out of approximately 36 existing structures 12 structures appear to be over two stories 30 feet in height. Concern was expressed that having two height standards for the same area could create incompatible development. The argument was made that if the proposed interim standards are appropriate for some structures it should be for all structures along the street. Due to the fact the public noticing for this ordinance did not include Rl parcels, the Council may not include them at this time. However, should the council decide to include the Rl parcels, staff will return at a subsequent meeting with a revised ordinance. - 4 - Staff will present the standards contained in the interim ordinance in addition to other alternatives for public comment at the pUblic workshop on the LCP. The workshop is scheduled for Saturday June 1, 1991 at the Ocean park Library to discuss this issue in addition to the revised draft of the LCP. It is anticipated council review of the LCP and the proposed permanent development standards for Pacific Coast Highway will take place in late June or early July. 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 first reading the proposed interim ordinance, and should the Council decide to apply the standards to Rl parcels, direct staff to return with a revised ordinance at a subsequent meeting. Prepared By: Paul Berlant, Director of LUTM Suzanne Frick, Planning Manager Land Use and Transportation Management Department Program and Policy Development Division Exhibit A: Exhibit B: Ordinance Illustration Proposed Interim Ordinance - 5 - .J - t( JL :z ~ iI ~ A f.~, . , . . L I I I t I J C 1 I , , , J f I ~ ~ \- ~ ~ :s m. L- ~ I II t_ -rl L :l L _ r1 :L i - -_I -! I I 1 I I "I . eXHI~"'- A . , ~ :t: - u..w t(\ ofll. ~~ _... ~ () 'Al '\ n::. x \ \ \ \ \ \ Iu \ 0. \ - ~ -:z \ ~ " :i ~ \J \ \) - \ ::> -:L ~li tn~ ~ "1 ~ uJ tl - '" :z t( \J) ~ ~ EXHlm- ~ SF:cg:ord3/word.ppd city council Meeting 5-28-91 Santa Monica, California ORDINANCE NUMBER (City council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA LIMITING DEVELOPMENT BY REDUCING ON AN INTERIM BASIS ALLOWABLE BUILDING HEIGHTS ALONG PALISADES BEACH ROAD BETWEEN THE SANTA MONICA PIER ON THE SOUTH AND THE NORTH CITY LIMITS 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) A significant level of residential housing development activity has occurred along Palisades Beach Road between the Santa Monica Pier and the north city limits since January 1, 1989. (b) The majority of undeveloped lots along Palisades Beach Road between the Santa Monica pier and the north City limits are zoned R4 which allows a maximum eight of 15 feet. (c) During this period, at least twelve (12) projects have been proposed which exceed the current Rl maximum height standards of tvlO (2) stories, 28 feet. Some of the proj ects currently being built or being planned are 45 feet in height, which exceeds the Rl height standards by over fifty percent (50%). These projects limit coastal views, and affect light and shadows in the area. (d) The proposed Local coastal Plan (LCP) of the City of - 1 - Santa Monica proposes limiting height in this area to a maximum of t~lO (2) stories, 28 feet unless the property is less than thirty (30) feet in width. Under the proposed LCP, residences on properties which are less than thirty (30) feet in width could be no higher than three (3) stories, 35 feet for a flat roofed development, and three (3) stories, 40 feet in height for a pitched roof development. (e) If current development activity is allowed to continue additional projects will be built along Palisades Beach Road in excess of the Rl height standards which will thwart the purposes of the LCP. (f) Projects along Palisades Beach Road which exceed thirty (30) feet in height pose a threat to the public health, safety and welfare of the residents of Santa Monica, limit coastal views, light, and pose a threat to the existing character of the neighborhood. (g) Pending possible re-zoning of the area and adoption of the proposed LCP, it is necessary to limit on an interim basis the maximum building height that will be permitted along Palisades Beach Road. SECTION 2. Interim Zoning. subject to the provisions of Section :3 of this ordinance, the Planning Commission and City staff are directed after April 16, 1991, to disapprove all requests for the issuance of building permits and tentative maps, tentative parcel maps, administrative approvals, development review permits, conditional use permits, or any other City permits for the construction, erection, conversion, or moving of - 2 - any structure on Palisades Beach Road between the Santa Monica Municipal pier on south and the north city limits unless the following findings can be made: (a) For parcels located in the Rl District, the project complies with the existing Rl property development standards as set forth in Chapter 1 of Article IX of the Santa Monica Nunicipal Code. (b) For parcels located in the R4 District, the project complies with existing R4 property development standards, except for building height and setbacks, as set forth in Chapter 1 of Article IX of the Santa Monica Municipal Code. (c) For parcels located in the R4 District, the project complies with all of the following: (i) The maximum building height shall be 40 feet. However, no portion of the building may project beyond the site view envelope. The site view envelope is a theoretical plane beginning midpoint at the minimum required beach setback line and extends to a height of 30 feet, and then running parallel to the side parcel lines to a point located 5 feet in height above the top of the Palisades bluff immediately behind the pedestrian railing. projections permitted in Section 9040.3 of the Santa Monica Municipal Code shall be exempt from this requirement. (ii) In addition to the required sideyard setback, 25% of both building side elevations above 14 feet in height shall be - 3 - setback an additional average of 4 feet from the minimum required setback. (iii) In addition to the required setback for the Pacific Coast Highway elevation, 30% of the building elevation above 14 feet in height shall be setback an additional average of 5 feet from the minimum required setback. (iv) As part of an Administrative Review application, Zoning Administrator variance application, Development Review application, and Architectural Review Board application, the applicant shall submit site line elevation drawings illustrating the project's conformance to the site view envelope. Elevation drawings shall be submitted with any required Architectural Review Board application illustrating the project in context with existing structures along Pacific Coast Highway. SECTION 3. The following applications are exempt from the provisions of section 2 of this Ordinance: (a) Any building or structure for which a building permit was issued on or before April 16, 1991. (b) Any project for which a vesting tentative map application was filed and deemed complete on or before April 16, 1991. SECTION 4. This Ordinance shall be of no further force and effect ten months and 15 days from its effective date, unless prior to that date, after a public hearing, noticed pursuant to Section 9131. 5 of the Santa Monica Municipal Code, the City - 4 - Council, by majority vote, extends the interim ordinance as provided by section 9120.6 of the Santa Monica Municipal Code. 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 affect 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 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 - 5 - within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: ROBERT M. MYERS City Attorney - 6 -