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SR-400-004 1 L/cc-- PC 0/ ~ B13 APR 1 1 1989 CjED:DKW:bz council Mtg: April 11, 1989 Santa Monica, California TO: Mayor and city council FROM: city Staff SUBJECT: zoning Ordinance Cleanup I Text Amendments INTRODUCTION Proposed is the minor modification of a variety of sections of the Santa Monica Municipal Code to clarify the newly-adopted zoning ordinance. Staff recommendation is for introduction and first reading of the Text Amendments as submitted. BACKGROUND The new zoning ordinance became effective on September a, 1988. Since that date, staff has become aware of a variety of minor inconsistencies needing correction in the text of the new ordinance. A number of simple corrections are proposed in this staff report. Additional modifications will be proposed at a later date. These will include other language clarifications, as well as pOlicy issues which have arisen as a result of the provisions of the new ordinance. The specific modifications to zoning ordinance sections identified in this staff report were legally noticed as required by the Municipal Code. The Council may alter the recommended - 1 - e-g APR 1 1 1989 ... amendments, but amendments to other sections can only be made at future hearings noticed for that purpose. On February 15, 1989 the Planning Commission conducted a public hearing on the proposed amendments. No members of the public spoke. The Commission approved the proposed amendments with two minor wording changes which staff supports and has incorported. MOdifications Each of the recommended modifications are discussed below. Actual text is shown on Attachment A. The proposed text amendments are provided in ordinance form in Attachment B. 1) section 9000.3. Definition of Landscaped Area. In this definition, the words "... but not including walkways, driveways, patios, and other landscaping," are repeated twice and should only be present once. 2) section 9000.3. Definition of Residential Care Facility. In this definition, the number 60 lacks a reference to age. This is proposed to be added. 3) section 9010.6.(a) Rl Property Development Standards. The ambiguous neither or both" language and related wording would be eliminated to clarify that the special setback must be provided for any new construction in excess of 14 feet in height. In addition, the words "above 14 feet" would be inserted to - 2 - clarify that the calculation of the setback begins at the 14-foot height rather than ground level. 4) section 9010.6. (i) Modifications to Setbacks Above 14 Feet in Height. Presently, the code precludes homes with existing non-conforming setbacks from even applying for a hearing before the ARB, even if the non-conforming aspects of the building have no relation to the requirements for setbacks above 14 feet. The words "provided the entire structure complies with the setback requirements for structures below 14 feet in height" would be deleted to allow such buildings to be considered on their merits by the ARB. 5) section 9011.6.(a) R2R Maximum Building Height In the preparation of the zoning ordinance, the roof pitch figure was inadvertantly assigned the percentage (%) rather than the degree (0) sign. This would be corrected. 6) section 9019.6. C3-C Property Development Standards Language would be added to clarify that the standards of the Third Street Mall specific Plan rather than the C3C zoning provisions apply within that Plan's area. 7) section 9024.2 CP Permitted Uses The words II including at the ground floor" would be added to reflect the Hospital Area specific Plan's intent to allow residential uses at the ground floor. - 3 - 8) Section 9040.3(b) Building Height and Exceptions to Height Limit section (1) would be modified to delete the word "chimneys" so that chimneys in the R1 district can be permitted to exceed the R1 height limit. section (3) (d) would be modified by the deletion of the word "not" which is a typographical error. In addition, a section (5) would be added to this section stating that "In all districts, chimneys may extend no more than five feet above the permitted height in the District." 9) section 9040.5. Build-to-Line The unnecessary words "at least" would be deleted. 10) section 9040.8(a) Fence, Wall, Hedge, Flagpole The word "parallel" would be replaced with the more appropriate word "adjacent." processing Procedures The proposed Text Amendments are categorically exempt from the provisions of the California Environmental Quality Act, Santa Monica Guidelines for Implementation. Class 5(12). The proposed Text Amendments are also exempt from any fees. The procedures for the processing of Text Amendments are specified under SMMC Section 9120.4. Within 60 days of an application being deemed complete, a public hearing before the Planning Commission must be scheduled. The Commission has conducted such a hearing, has made the required findings, and has - 4 - t recommended approval of the amendments. The city council may, by Ordinance, effect the amendment. BUDGET/FINANCIAL IMPACT The recommendations of this report have no budget/financial impact. RECOMMENDATION It is recommended that the city Council introduce for first reading the ordinance approving the Text Amendments set forth in Attachment B and according to the following findings. FINDINGS 1. The proposed amendments are consistent in principle with the goals, objectives, policies, land uses and programs specified in the adopted General Plan in that they correct minor inconsistencies in the newly-adopted zoning ordinance, and will clarify the City'S land use standards and procedures. 2. The public health, safety, and general welfare require the adoption of the proposed amendments in that minor corrections to the zoning ordinance are needed to facilitate the orderly regulation of development in the city. Prepared by: D. Kenyon Webster, Principal Planner DKW:cg hp/zoclea2 04/03/89 Attachments: A: Text Amendments shown in strike-out/bold text B: Ordinance for introduction and first reading - 5 -