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SR-400-002-06 CA:RMM:lld577s/hpc City Council Meeting 2-27-90 Santa Monica, ~-J) rtn G / !990 L-H4 - 002- California . . '/tJ{)-OOZ-OG STAFF REPORT TO: Mayor and City Council FROM: City Attorney SUBJECT: Ordinance Revising ordinance Number 1496 (CCS) Establishing Development Standards in the Ocean Park Area At its meeting on February 13, 1990, the city Council introduced for first reading an ordinance revising Ordinance Number 1496 (CCS) establishing development standards in the Ocean Park area. The ordinance is now presented to the City council for adoption. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be adopted. PREPARED BY: Robert M. Myers, city Attorney Laurie Lieberman, Deputy city Attorney '-I) F~". tb " I !J~0 . . .. CA:RMM:lld577/hpc city council Meeting 2-27-90 Santa Monica, California ORDINANCE NUMBER lSl4(CCS) (city Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REVISING ORDINANCE NUMBER 1496 (CCS) ESTABLISHING DEVELOPMENT STANDARDS IN THE OCEAN PARI< AREA THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code Section 9035.4 is amended to read as follows: section 9035.4. Conditionally Permitted Uses. The following uses may be permitted in the OP-l District subject to the approval of a Conditional Use Permit: (a) One-story accessory buildings over 14 feet in height or two story accessory buildings up to a maximum height of 24 feet. (b) Schools. SECTION 2. Santa Monica Municipal Code Section 9035.6 is amended to read as follows: Section 9035.6. property Development Stan- dards. All property in the OP-I District shall be developed in accordance with the following standards: - 1 - f .. . (a) Maximum Buildinq Height. Two stories, not to exceed 20 feet for a flat roof, or 27 feet for a pitched roof. A pitched roof is defined as a roof with at least two sides having no less than one foot of vertical rise for every three feet of horizontal run. The walls of the buildinq may not exceed the maximum heiqht required for a flat roof. (b) Maximum Unit Density_ One dwelling unit per lot. (e) Minimum Lot size. 4,000 square feet. Each lot shall contain a minimum depth of 80 feet and a minimum width of 25 feet except that any lot existing on the effective date of this Chapter shall not be subject to this requirement. (d) Maximum Lot Coveraqe. 50 percent. (e) Front Yard Setback. 15 feet, or 10 feet if the average setback of adjacent dwellings(s) is 10 feet or less. A one story, covered or uncovered porch open on 3 sides may encroach 6 feet into a front yard with a 15 foot setback, if the roof does not exceed a height of 14 feet, and the porch width does not exceed 40% of the building width at the front of the building. (f) Rear Yard Setback. 10 feet. (g) Side Yard Setback. (1) The side yard setback for that portion of a building with a secondary window, blank wall, or primary window on a side yard facing the - 2 - r . . street (i. e., a corner lot) shall be determined in accordance with the following formula, except for lots of less than 50 feet in width for which the sideyard shall be 10% of the lot width but not less than 4 feet: 5' + (stories x lot width) 50' (2) The side yard setback for that portion of a building with a primary window shall be as follows: (a) For lots less than 50 feet in width, a minimum setback of 8 feet shall be provided, as long as at all times a 12 foot separation exists between the primary window and any adjacent structures; (b) For lots 50 feet or greater in width, a minimum setback of 12 feet shall be provided. (3) The second floor side yard setback above a primary window shall not project more than 2 feet into the required side yard setback. (h) Landscapinq. All areas not covered by buildings, driveways, and sidewalks are to be covered by appropriate landscaping. All new construction that requires issuance of a building permit shall be subject to the provisions of subchapter SB of this Article. - 3 - I( . . (i) parking Access. Access to all required off-street parking shall be from alleys, except for corner lots where access may be provided from the side street but not from the front street. SECTION 3. Santa Monica Municipal Code section 9036.6 is amended to read as follows: section 9036.6. Property Development Standards. All property in the OP-Duplex District shall be developed in accordance with the following standards: (a) Maximum Buildinq Height. Two stories, not to exceed 23 feet for a flat roof, or 30 feet for a pitched roof. A pitched roof is defined as a roof with at least 2 sides having no less than one foot of vertical rise for every three feet of horizontal run. The walls of the building may not exceed the maximum height required for a flat roof. (b) Maximum Unit Density. Two units per lot. No more than one dwelling unit shall be permitted on a lot 4,000 square feet or less in size. (c) Maximum Lot Coveraqe. 50 percent. (d) Minimum Lot Size. 5,000 square feet. Each lot shall contain a minimum depth of 100 feet and a minimum width of 50 feet, except that lots existing on the effective date of this Chapter shall not be subject to this requirement. - 4 - I[ . . (e) Front Yard Setback. 30 feet measured from the center line of the walkway. (f) Rear Yard Setback. 15 feet. (g) Side Yard Setback. ( 1) The side yard setback for that portion of a building with a secondary window, blank wall, or primary window on a side yard facing the street (i.e., on a corner lot) shall be determined in accordance with the following formula, subject to the exceptions set forth below: 5' + (stories x lot width) 50' (a) On lots of less than 50 feet in width, the side yard shall be 10% of the parcel width but not less than 4 feet. (b) On corner lots 50 feet or greater in width, the side yard setback facing a street shall be a minimum of 10 feet. Covered or uncovered stairways or porches not exceeding 35% of the building frontage on the side street may encroach 5 feet into the required side yard. (2) The side yard setback for that portion of a building with a primary window shall be as follows: (a) For lots less than 50 feet in width, a minimum setback of 8 feet shall be provided, as long as at all times a 12 foot separation exists - 5 - I{ . . between the primary window and any adjacent structures. in width, provided. (b) For lots 50 feet or greater a minimum setback of 12 feet shall be (3) The second floor sideyard setback above a primary window shall not project more than 2 feet into the required side yard setback. (h) Building Spacing. Buildings that face each other on the same lot shall be separated by the following minimum distances: 15 feet if one building has primary windows facing the other; 25 feet when the windows of primary spaces in both buildings face each other on the ground or second level, except 15 feet when they are visually separated by a solid wall or opaque fence over 5 feet 6 inches in height; 10 feet when secondary windows face each other or when a secondary window faces a blank wall. (i) Landscapinq. All areas not covered by buildings, driveways, and sidewalks are to be covered by appropriate landscaping. All new construction that requires issuance of a building permit shall be subject to the provisions of subchapter 5B of this Article. (j) Development Review. A Development Review Permit is required for any development of more than 15,000 square feet of floor area. - 6 - .. . SECTION 4. Santa Monica Municipal Code section 9037.6 is amended to read as follows: Section 9037.6. Property Development Stan- dards. All property in the OP-2 District shall be developed in accordance with the following standards: (a) Maximum Buildinq Height. Two stories, not to exceed 23 feet for a flat roof, or 30 feet for a pitched roof. A pitched roof is defined as a roof with at least two sides having no less than one foot of vertical rise for every three feet of horizontal run. The walls of the buildinq may not exceed the maximum heiqht required for a flat roof. (b) Maximum Unit Density. One dwelling unit for each 2,000 square feet of lot area. An additional unit shall be allowed if excess lot area equals or exceeds 1,000 square feet, after calculating the allowed number of units at 2,000 square feet of lot area per unit. The density on lots consolidated after the effective date of this Chapter with a total square footage greater than 10,000 square feet or exceeding a combined street frontage of 100 feet shall be one dwelling unit for each 2,500 square feet of combined lot area, except where 100% of the proposed units are deed restricted for very low, low, middle, and/or modera te income hous ing , in which case the dens i ty shall be one unit for each 2,000 square feet of lot area. - 7 - .. . . j No more than one dwelling unit shall be permitted on a lot 4,000 square feet or less in size. (e) Maximum Lot Coverage. 50 percent. 60% for development projects which comply with the density bonus provisions of Section 9047.3. (d) Minimum Lot Size. 5,000 square feet. Each lot shall contain a minimum depth of 100 feet and a minimum width of 50 feet, except that lots existing on the effective date of this Chapter shall not be subject to this requirement. (e) Front Yard Setback. 20 feet or 15 feet if the average setback of adjacent dwelling(s) is 15 feet or less. A one-story, covered or uncovered porch, open on 3 sides may encroach 6 feet into a front yard with a 20 feet setback, if the roof does not exceed a height of 14 feet and the porch width does not exceed 40% of the building width at the front of the building. (f) Rear Yard Setback. 15 feet. (g) Side Yard Setback. (1) The side yard setback for that portion of a building with a secondary window, blank wall, or primary window on a side yard facing the street (i.e., on a corner lot) shall be determined in accordance with the following formula, subject to the exceptions set forth below: 5' + (stories x lot width) 50' - 8 - t . . (a) On lots of less than 50 feet in width, the side yard shall be 10% of the parcel width but not less than 4 feet. (b) On corner lots 50 feet or greater in width, the side yard setback facing a street shall be a minimum of 10 feet. Covered or uncovered stairways or porches not exceeding 35% of the building frontage on the side street may encroach 5 feet into the required side yard. ( 2 ) The s ide yard setback for that portion of a building with a primary window shall be as follows: (a) For lots less than 50 feet in width, a minimum setback of 8 feet shall be provided, as long as at all times a 12 foot separation exists between the primary window and any adjacent structures; in width, provided. (b) For lots 50 feet or greater a minimum setback of 12 feet shall be (3) The second floor sideyard setback above a primary window shall not project more than 2 feet into the required side yard setback. (h) Building Spacinq. Buildings that face each other on the same lot shall be separated by the following minimum distances: 15 feet if one building has primary windows facing the other; 25 feet when the windows of primary spaces in both buildings face - 9 - . . each other on the ground or second level, except 15 feet when they are visually separated by a solid wall or opaque fence over 5 feet six inches in height; 10 feet when secondary windows face each other or when a secondary window faces a blank wall. e i) Landscapinq. All areas not covered by buildings, driveways, and sidewalks are to be covered by appropriate landscaping. All new construction that requires issuance of a building permit shall be subj ect to the provisions of subchapter 5B of this Article. (j) Usable Private Open Space. All ground- level units shall have the following minimum amounts of usable private open space per unit: 100 square feet for projects consisting of at least 2 but not more than 7 dwelling units, and 50 square feet for projects of 8 units or more. Private open space shall include a deck, yard, patio or combination thereof, which is adjacent to, accessible from, and at the same or approximate elevation as one or more primary spaces. The minimum dimension of at least one such private open space shall be no less than 7 feet in any dimension. Private open space shall be screened from common open space, driveways and adjacent properties by a substantially opaque wall or fence a minimum of 3 feet 6 inches and a maximum of 6 feet in height, except in the front yard setback area. - 10 - t: . . Required private open space may be reduced by one square foot for each additional square foot of common open space added but in no case leaving less than 50 feet of required private space. All second floor units shall have a balcony or deck of 50 square feet or more, with a minimum dimension of no less than 7 feet in any dimension, which is adj acent to, accessible from, and at the same or approximate elevation as one or more primary spaces of the unit to be served. Roof decks do not meet this requirement. The railing of the balcony or deck shall be substantially opaque to protect the privacy of occupants. First floor private open space may project into the entire width of the side yard, and 10 feet into the required depth of the rear yard. Private open space may project 6 feet into the required front yard as long as its width does not exceed 30% of the building width at the front of the building. (k) Usable Common Open Space. proj ects of four or more units shall include a minimum of 100 square feet per unit of usable common open space, accessible and available to all project residents for outdoor activities. Courtyards, entry areas for two or more units, lawns and play spaces which are physically separated from private open space, and active recreation spaces such as swimming pools and sports courts, shall count toward fulfillment of this - 11 - - I. .. . requirement. The rear yard may count toward fulfillment of the common open space requirement, provided it is usable and accessible. Side yards and portions of driveways which are decorated or interspersed with lawn or other acceptable groundcover may meet a portion of the requirement, subject to architectural review, pursuant to Subchapter 5. The minimum dimension of at least one area of common open space shall be 10 feet in any direction. Any practical combination of lawn, paving, decking, concrete or other serviceable dust-free material shall be used to surface common open space areas, with a slope of not more than 5%. A minimum of thirty percent (30%) of the common open space area shall include lawn or other acceptable groundcover. Required open space may not include public or private streets, driveways, or utility easements where the ground surface cannot be used appropriately for open space or front yards. Required common open space may be reduced by one square foot for each additional square foot of private open space added beyond the required private open space. (l) Development Review. A Development Review permi t is required for any development of more than 15,000 square feet of floor area. - 12 - . . SECTION 5. Santa Monica Municipal Code section 9038.6 is amended to read as follows: section 9038.6. Property Development Standards. All property on the OP-3 District shall be developed in accordance wi th the flolowing standards: (a) Maximum Building Height. Two stories, not to exceed 23 for a flat roof, or 30 feet for a pitched roof. A pitched roof is defined as a roof with at least two sides having no less than one foot of vertical rise for every three feet of horizontal run. The walls of the building may not exceed the maximum heiqht required for a flat roof. (b) Maximum Unit Density. One dwelling unit for each 1,500 square feet of lot area. An additional unit shall be allowed if excess lot area equals or exceeds 750 square feet, after calculating the allowed number of units at 1,500 square feet of lot area per unit. The density on lots consolidated after the effective date of this Chapter with a total square footage greater than 15,000 square feet or exceeding a combined street frontage of 150 feet shall be one dwelling unit for each 2,000 square feet of combined lot area, except where 100% of the proposed units are deed restricted for very low, low, middle, and/or moderate income housing, in which case the density - 13 - Ir . . shall be one unit for each 1,500 square feet of lot area. No more than one dwelling unit shall be permitted on a lot 4,000 square feet or less in size. (c) Maximum Lot Coverage. 50 percent. 60% for development proj ects of 6 units or more which comply with the density bonus provisions of section 9047.3. (d) Minimum Lot Size. 5,000 square feet. Each lot shall contain a minimum depth of 100 feet and a minimum width of 50 feet, except that lots existing on the effective date of this Chapter shall not be subject to this requirement. (e) Front Yard Setback. 20 feet or 15 feet if the average setback of adjacent dwelling(s) is 15 feet or less. A one-story, covered or uncovered porch open on three sides may encroach 6 feet into a front yard with a 20 feet setback, if the roof does not exceed a height of 14 feet and the porch width does not exceed 40% of the building width at the front of the building. (f) Rear Yard Setback. 15 feet. (g) side Yard Setback. (1) The side yard setback for that portion of a building with a secondary window, blank wall, or primary window on a side yard facing the street (i.e., on a corner lot) shall be determined in - l4 - . . accordance with the following formula, subject to the exceptions set forth below: 5' + (stories x lot width) 50' - (a) On lots of less than 50 feet in width, the side yard shall be 10% of the parcel width but not less than 4 feet. (b) On corner lots 50 feet or greater in width, the side yard setback facing a street shall be a minimum of 10 feet. Covered or uncovered stairways or porches not exceeding 35% of the building frontage on the side street may encroach 5 feet into the required side yard. (2) The side yard setback for that portion of a building with a primary window shall be as follows: (a) For lots less than 50 feet in width, a minimum setback of 8 feet shall be provided, as long as at all times a 12 foot separation exists between the primary window and any adjacent structures; (b) For lots 50 feet or greater in width, a minimum setback of 12 feet shall be provided. (3) The second floor sideyard setback above a primary window shall not project more than 2 feet into the required side yard setback. - 15 - ! . - (h) Buildinq spacinq. Buildings that face each other on the same lot shall be separated by the following minimum distances: 15 feet if one building has primary windows facing the other; 25 feet when the windows of primary spaces in both buildings face each other on the ground or second level, except 15 feet when they are visually separated by a solid wall or opaque fence over 5 feet six inches in height; 10 feet when secondary windows face each other or when a secondary window faces a blank wall. ( i) Landscapinq. All areas not covered by buildings, driveways, and sidewalks are to be covered by appropriate landscaping. All new construction that requires issuance of a building permit shall be subject to the provisions of subchapter 5B of this Article. (j) Usable Private Open Space. All ground- level units shall have the following minimum amounts of usable private open space per unit: 100 square feet for projects consisting of at least 2 but not more than 7 dwelling units, and 50 square feet for projects of 8 units or more. Private open space shall include a deck, yard, patio or combination thereof, which is adjacent to, accessible from, and at the same or approximate elevation as one or more primary spaces. The minimum dimension of at least one such private open space shall be no less than 7 feet in any dimension. Private open space shall be - 16 - . . outdoor activities. Courtyards, entry areas for two or more units, lawns and play spaces which are physically separated from private open space, and active recreation spac~s such as swimming pools and sports courts, shall count toward fulfillment of this requirement. The rear yard may count toward fulfillment of the common open space requirement, provided it is usable and accessible. side yards and portions of driveways which are decorated or interspersed with lawn or other acceptable groundcover may meet a portion of the requirement, subject to architectural review, pursuant to Subchapter 5. The minimum dimension of at least one such space shall be 10 feet in any direction. Any practical combination of lawn, paving, decking, concrete or other serviceable dust-free material shall be used to surface common open space areas, with a slope of not more than 5%. A minimum of thirty percent (30%) of the common open space area shall include lawn or other acceptable groundcover. Required open space may not include public or private streets, driveways, or utility easements where the ground surface cannot be used appropriately for open space or front yards. Required common open space may be reduced by one square foot for each additional square foot of private open space added beyond the required private open space. - 18 - . . (1) Development Review. A Development Review Permit is required for any development of more than 15,000 square feet of floor area. SECTION 6. Santa Monica Municipal Code section 9039.6 is amended to read as follows: Section 9039.6. Property Development Standards. All property on the OP-4 Ocean Park High Multiple Residential District shall be developed in accordance with the following standards: (a) Maximum Buildinq Heiqht. 3 stories, not to exceed 35 feet as measured from theoretical grade. (b) Maximum Unit Density. One dwelling unit for each 1,250 square feet of lot area. An additional unit shall be allowed if excess lot area equals or exceeds 625 square feet, after calculating the allowed number of units at 1,250 square feet of lot area per unit. (c) Maximum Lot Coveraqe. 50 percent. for development projects which comply with density bonus provisions of Section 9047.3. (d) Minimum Lot Size. 5,000 square feet. Each lot shall contain a minimum depth of 100 feet and a minimum width of 50 feet, except that lots existing on the effective date of this Chapter shall not be subject to this requirement. (e) Front Yard Setback. 15 feet minimum, or 10 feet minimum if the average setback of adjacent 60% the - 19 - . . dwelling(s) is 10 feet or less. An open one-story, covered or uncovered porch open on three s ides may encroach 6 feet into a front yard with a 15 foot setback, if the roof does not exceed a height of 14 feet and the porch width does not exceed 40% of the building width at the front of the building. (f) Rear Yard Setback. 15 feet. (9) Side Yard setback. ( 1) The s ide yard setback for that portion of a building with a secondary window, blank wall, or primary window on a side yard facing the street (i.e., on a corner lot) shall be determined in accordance with the following formula, subject to the exceptions set forth below: 5' + (stories x lot width) 50' (a) On lots of less than 50 feet in width, the side yard shall be 10% of the parcel width but not less than 4 feet. (b) On corner lots 50 feet or greater in width, the side yard setback facing a street shall be a minimum of 10 feet. covered or uncovered stairways or porches not exceeding 35% of the building frontage on the side street may encroach 5 feet into the required side yard. (2) The side yard setback for that portion of a building with a primary window shall be as follows: - 20 - . . (a) For lots less than 50 feet in width. a minimum setback of 8 feet shall be provided, as long as at all times a 12 foot separation exists between the primary window and any adjacent structures: in width, provided. (b) For lots 50 feet or greater a minimum setback of 12 feet shall be (3) The second floor sideyard setback above a primary window shall not project more than 2 feet into the required side yard setback. (h) Building spacinq. Buildings that face each other on the same lot shall be separated by the following minimum distances: 15 feet if one building has primary windows facing the other; 25 feet when the windows of primary spaces in both buildings face each other on the ground or second level ~ except 15 feet when they are visually separated by a solid wall or opaque fence over 5 feet six inches in height; 10 feet when secondary windows face each other or when a secondary window faces a blank wall. (i) Landscapinq. All areas not covered by buildings, driveways, and sidewalks are to be covered by appropriate landscaping. All new construction that requires issuance of a building permit shall be subj ect to the provisions of subchapter 5B of this Article. - 21 - . . (j) usable Private Open Space. All ground- level units shall have the following minimum amounts of usable private open space per unit: 100 square feet for proj ects consisting of at least 2 but not more than 7 dwelling units, and 50 square feet for projects of 8 units or more. Private open space shall include a deck, yard, patio or combination thereof, which is adj acent to, access ible from 1 and at the same or approximate elevation as one or more primary spaces. The minimum dimension of at least one such private open space shall be no less than 7 feet in any dimension. Private open space shall be screened from common open space, driveways and adjacent properties by a substantially opaque wall or fence a minimum of 3 feet 6 inches and a maximum of 6 feet in height, except in the front yard setback area. Required private open space may be reduced by one square foot for each additional square foot of common open space added but in no case leaving less than 50 feet of required private space. All second floor units shall have a balcony or deck of 50 square feet or more, with a minimum dimension of no less than 7 feet in any dimension, which is adjacent to, accessible from, and at the same or approximate elevation as one or more primary spaces of the unit to be served. Roof decks do not meet this requirement. The railing of the balcony or - 22 - . . deck shall be substantially opaque to protect the privacy of occupants. First floor private open space may project into the entire width of the side yard, and 10 feet into the required depth of the rear yard. Private open space may project 6 feet into the required front yard as long as its width does not exceed 30% of the building width at the front of the building. (k) Usable Common Open Space. proj ects of four or more units shall include a minimum of 100 square feet per uni t of usable common open space, accessible and available to all project residents for outdoor activities. Courtyards, entry areas for two or more units, lawns and play spaces which are physically separated from private open space, and active recreation spaces such as swimm~ng pools and sports courts, shall count toward fulfillment of this requirement. The rear yard may count toward fulfillment of the common open space requirement, provided it is usable and accessible. Side yards and portions of driveways which are decorated or interspersed with lawn or other acceptable groundcover may meet a portion of the requirement, subject to architectural review, pursuant to Subchapter 5. The minimum dimension of at least one such space shall be 10 feet in any direction. Any practical combination of lawn, paving, decking, concrete or other serviceable dust-free - 23 - . . material shall be used to surface common open space areas, with a slope of not more than 5%. A minimum of thirty percent (30%) of the common open space area shall include lawn or other acceptable groundcover. Required open space may not include public or private streets, driveways, or utility easements where the ground surface cannot be used appropriately for open space or front yards. Required common open space may be reduced by one square foot for each additional square foot of private open space added beyond the required private open space. (l) Development Review. A Development Review Permi t is required for any development of more than 15,000 square feet of floor area. SECTION 7. Santa Monica Municipal Code Section 9040.1 is amended to read as follows: Section 9040.1. Roof Decks in the OP-Districts. In the OP-Districts, the handrail surrounding a roof deck shall be set back a minimum of 3 feet from the edqe of the buildinq at the side and rear yards. SECTION 8. Subchapter lOP of Article IX of the Santa Monica Municipal Code is amended to read as follows: Subchapter lOP. Yard Modification Permits. Section 9151.1. Purpose. A yard modification permit is intended to permit a reduction - 24 - . . in the minimum side yard, rear yard, or building spacing, in order to accommodate housing development on the rear portion of lots in the OP-2, OP-3, and OP-4 zone districts where the front portion of the lot is occupied by an existing single family dwelling. Retention of existing single family dwellings is encouraged by allowing variations in selected property development standards for new dwellings. Section 9151.2. Application. An application for a yard modification permit in the OP-2, OP-3, or OP-4 District shall be filed in a manner consistent with the requirements contained in subchapter lOJ. Section 9151. 3. Applicability. The Zoning Administrator may grant a yard modification permit for a project in the OP-2, OP-3, or OP-4 District according to the following minimum standards for lots where there is an existing single family dwelling: (a) Minimum side Yard. The minimum side yard setback shall be 3 feet, if privacy, sunlight, and air circulation are not jeopardized for neighboring land uses or future project occupants. (b) Minimum Building spacinq. The minimum spacing between the existing single family dwelling and new housing, or between two new structures on the lot, shall be 10 feet. (e) Minimum Rear Yard. The minimum rear yard setback shall be 5 feet for lots without alley - 25 - . . access. The minimum rear yard setback for lots with alley access shall be not less than 15 feet from the centerline of the alley. (d) Architectural Compatibility. New housing should be designed to be compatible in scale, character and use of materials with the existing single family dwelling. (e) Retention of Sinqle Family Dwellinq. The existing single family dwelling shall be retained and will not undergo a substantial remodel. Section 9151.4. Hearinqs and Notice. Subject to the provisions of section 9131.2, upon receipt in proper form of a Yard Modification Permit Application, a public hearing before the zoning Administrator shall be set not less than 10 days nor more than 60 days after the application is determined to be complete, and notice of such hearing shall be given to all property owners and tenants within 300 feet of the exterior boundaries of the property involved in a manner consistent with Subchapter 10K. Section 9151.5. Findings. Following a public hearing, the zoning Administrator shall prepare a written decision which shall contain the findings of fact upon which such decision is based. The Zoning Administrator, or Planning commission on appeal, may approve a Yard Modification Permit application in whole or in part, with or without conditions, if all - 26 - . . of the following findings of fact can be made in an affirmative manner: (a) That the character and scale of the existing single family house is substantially preserved. (b) The granting of such permit will not be detrimental or injurious to the property or improvements in the general vicinity and district in which the property is located. (c) The yard modification would not impair the integri ty and character of the district in which it is to be located. (d) The subject site is physically suitable for the proposed yard modification. (e) There will be adequate provisions for public access to serve the subject yard modification proposal. Section 9151.6. Commencement of Use. The rights granted by the Yard Modification Permit shall be effective only when exercised within the period established as a condition of granting the Yard Modification Permit or, in the absence of such established time period, one year from the date the permit becomes effective. This time limit may be extended by the Zoning Administrator for good cause for a period not to exceed 6 months upon written request by the applicant. - 27 - . . Section 9151.7. Revocation. The zoning Administrator may, or upon direction from the Planning Commission, revoke any approved Yard Modification Permit in accordance with the following procedures: (a) A revocation hearing shall be held by the Zoning Administrator. Notice of the hearing shall be published once in a newspaper of general circulation within the city and shall be served either in person or by registered mail on the owner of the property and on the permit holder at least 10 days prior to such hearing. The notice of hearing shall contain a statement of the specific reasons for revocation. (b) After the hearing, a Yard Modification Permit may be revoked by the Zoning Administrator, or by the Planning Commission on appeal or review, if anyone of the following findings are made: (1) That the Yard Modification Permit was obtained by misrepresentation or fraud. (2) That the use for which the Yard Modification Permit was granted has ceased or has been suspended for six or more consecutive calendar months. (3) That the conditions of the permit have not been met, or the permit granted is being or has recently been exercised contrary to the terms of the approval or in violation of a specific statute, ordinance, law or regulation. - 28 - -. . . (c) A written determination of revocation of Permit shall be mailed to the property owner and the permit holder within 10 days of such determination. Section 9151.8. Appeals. The approval, conditions of approval, denial, or revocation of a Yard Modification Permit may be appealed to the Planning Commission if filed within 14 consecutive calendar days to the date the decision is made in the manner provided in Subchapter 10L. SECTION 9. 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 10. 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. - 29 - . ~ '!,. . . SECTION 11. 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 after 30 days from its adoption. APPROVED AS TO FORM: r~r19vA \-v'\... w~"--- ROBERT M. MYERS ':....: City Attorney - 30 - . " . . Adopted and approved this 27th day of February, 1990. h4~~ ~~ Mayor Pro Tempore I hereby certify that the foregoing Ordinance No. l514(CCS) was duly and regularly introduced at a meeting of the Ci ty Council on the 13th day of February 1990: that the said Ordinance was thereafter duly adopted at a meeting of the city council on the 27th day of February 1990 by the following Council vote: Ayes: Councilmembers: Abdo, Finkel, Genser, Jennings, Katz, Reed Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: Mayor Zane ATTEST: