SR-400-005-16 (3)
PCD:SF:JT:AS:JL:BM\f:\plan\share\council\strpt\2003\R1(NofW&Sunset)ext.doc
Council Mtg: February 25, 2003 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Interim Ordinance Extending an Existing Interim Ordinance Establishing
Development Standards for Parcels in the R-1 Districts located in the Sunset
Park and North of Wilshire Neighborhoods
INTRODUCTION
This report recommends that the City Council Introduce for first reading an interim
ordinance to extend for two years an interim ordinance establishing development
standards for parcels in the R-1 Districts located in the Sunset Park and North of Wilshire
Neighborhoods. On January 28, 2003, on first reading, the City Council introduced an
Interim Ordinance, a 45-day ordinance that established the interim standards for these
neighborhoods. This ordinance will expire on April 11, 2003 unless the proposed interim
ordinance (Attachment A) is adopted.
BACKGROUND
In recent years, the Sunset Park and North of Wilshire Neighborhoods have experienced
increased demolition of modest homes in favor of larger single-family dwellings. Over the
last five years (i.e., 1997 to 2002), the Sunset Park neighborhood saw redevelopment of
16 parcels, and the North of Wilshire neighborhood experienced redevelopment of 15
parcels. As a percentage of the total parcels, these numbers are relatively low. However
during that same period property values rose steadily, and interest rates have stayed low.
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These facts increase the likelihood of significantly more redevelopment. While revisions to
the development standards in these areas are prioritized as part of the City Planning
Division work-program, this process will not be finalized for another two years. As a
temporary solution, the City Council directed staff to prepare an interim ordinance at its
October 22, 2002 meeting.
DISCUSSION
The existing Interim Ordinance was prepared establishing interim development standards
for the R-1 Districts located in the North of Wilshire and Sunset Park Neighborhoods.
These standards are introduced to respond to concerns regarding increased demolition of
modest homes in favor of larger single-family dwellings. The impacts caused by these
developments such as decreased light, air, and privacy and the increase of noise along
with the increased likelihood that redevelopment will multiply, has the residents of these
neighborhoods concerned. In response, pursuant to Council direction, regulatory options
will be evaluated during the term of the interim ordinance. The 45-day interim ordinance
and proposed ordinance extension affects any project whose plan check application was
not filed by February 24, 2003.
Staff recommends adoption of the proposed interim ordinance to extend the interim
standards for two years. This extension will allow for a comprehensive planning process to
evaluate the regulatory options for the R-1 Districts located in the North of Wilshire and
Sunset Park Neighborhoods. Pending conclusion of this process, staff will prepare a new
ordinance for City Council consideration addressing potential changes to the R-1
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development standards. Adopting a two-year term for the proposed ordinance will provide
staff with sufficient time to complete other pending projects prior to commencing this study.
CEQA STATUS
The proposed interim ordinance is exempt from CEQA pursuant to CEQA Guidelines
Sections 15061(b)(3). Section 15061(b)(3) provides that CEQA only applies to those
projects that have the potential for causing a significant effect on the environment. The
proposed adoption of interim development standards does not present this possibility.
Instead, the proposed interim ordinance is environmentally beneficial as it will limit
development that has the potential to adversely impact the character and quality of life in
the City’s residential neighborhoods.
CONCLUSION
The proposed interim ordinance is necessary to allow for a comprehensive planning
process that will address the impacts of increased demolition of single-family homes in
favor of larger redevelopment in the R-1 Districts located in the North of Wilshire and
Sunset Park Neighborhoods.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any budget or fiscal impacts.
RECOMMENDATION
It is respectfully recommended that the City Council introduce the interim ordinance
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included in Attachment A for first reading.
Prepared by: Suzanne Frick, Director
Jay M. Trevino, AICP, Planning Manager
Amanda Schachter, Principal Planner
Jonathan R. Lait, AICP, Senior Planner
Bradley J. Misner, AICP, Associate Planner
Planning and Community Development Department
Attachment: A: Proposed Interim Ordinance
B: Notice of Public Hearing
C. 1/28/03 Council Staff Report
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ATTACHMENT A
PROPOSED INTERIM ORDINANCE
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f:\atty\muni\laws\barry\R1sunset&NofWCouncil2-1.wpd
City Council Meeting 2-25-03 Santa Monica,
California
ORDINANCE NUMBER _______ (CCS)
(City Council Series)
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA EXTENDING THE MODIFICATIONS TO THE DEVELOPMENT
STANDARDS FOR PARCELS IN THE R-1 DISTRICTS LOCATED
IN THE SUNSET PARK AND NORTH OF WILSHIRE NEIGHBORHOODS
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) The R1 Single Family area of the City bounded by Lincoln Boulevard to the
west, Pico Boulevard to the north, and the City boundaries to the east and south,
commonly referred to as the Sunset Park Neighborhood and the area of the City bounded
nd
by Montana Avenue to the north, 22 Street to the west, Wilshire Boulevard to the south,
and the City boundary to the east, commonly referred to as the North of Wilshire
Neighborhood contain a mix of modest, older, single story and two story homes.
(b) The development standards established by the City’s Zoning Ordinance
authorize the construction of housing dramatically different from the existing scale and
character of these neighborhoods thereby significantly impacting existing residences in
terms of access to light and air, privacy, and the overall amount of open space.
(c) Within the past several years, real estate values in the Sunset Park and North
of Wilshire neighborhoods have risen dramatically.
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(d) At the same time, and continuing into the present, interest rates have been very
low.
(e) These economic realities have fueled an active real estate market in which
buyers seek to acquire property in the Sunset Park and North of Wilshire neighborhoods
with the intent of demolishing existing homes and building new residences.
(f) Over the last five years, the Sunset Park neighborhood has seen redevelopment
of 16 parcels and the North of Wilshire neighborhood has experienced redevelopment of
15 parcels.
(g) If new houses are developed to the maximum size authorized by current zoning,
they could reach approximately 5,000 square feet in size. These structures could also
contain lofts and mezzanines between the first and second floors and between the second
floor and the roof which would create the appearance of a three story structure. Because
of the combined height and massing of these houses, they would tower over and dwarf the
existing adjacent houses and would be wholly at odds with the existing scale and character
of the neighborhood. These homes could be built without any discretionary review.
(h) The full build-out of these lots would substantially reduce the overall amount of
open space in the neighborhood and have a significant detrimental impact on adjacent
neighbors’ access to light, air, and privacy.
(i) If current development standards are permitted to continue, housing could be
developed which would severely impact existing residences, would be incompatible with
the existing neighborhood’s scale and character, and would be contrary to the
neighborhood’s historic development pattern.
(j) The potential for development under the currently specified standards poses a
current and immediate threat to the public health, safety, and welfare of the residents, and
the approval of permits for such development would result in a threat to the public health,
safety, and welfare.
(k) For the reasons stated above, the Zoning Ordinance requires review and
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revision as it pertains to the appropriate development standards in the R1 Districts in the
Sunset Park and North of Wilshire neighborhoods.
(l) Pending completion of this review and revision, in order to protect the public
health, safety and welfare, it is necessary on an interim basis to change current develop
standards to ensure that adequate light, air, privacy, and open space is provided for each
dwelling, that the construction is compatible with the Sunset Park and North of Wilshire
neighborhoods, and that the character of the neighborhoods are not irreversibly damaged.
(m) In light of the above-mentioned concerns, the City Council adopted Ordinance
Number ___ (CCS) modifying the development standards in the Sunset Park and North of
Wilshire neighborhoods on February 25, 2003. However, that ordinance will expire in
forty-five days.
(n) As described above, the City Council finds that an extension of this interim
ordinance is necessary because there exists a current and immediate threat to the public
safety, health, and welfare should the interim ordinance not be adopted and should
development inconsistent with the contemplated revisions to the development standards to
the R1 districts in the Sunset Park and North of Wilshire neighborhoods be allowed to
occur. Approval of additional development inconsistent with the following proposed interim
standards would result in a threat to public health, safety, or welfare. Consequently, this
ordinance extends the provisions of Ordinance No. ___ (CCS) for two years, up to and
including April 10, 2005, establishing on an interim basis the following development
standards for the R1 districts in the Sunset Park and North of Wilshire neighborhoods.
This extension will allow sufficient time for staff to work with the Planning Commission,
development community, property owners and residents to evaluate the effectiveness of
the interim standards and propose permanent development standards for the Council
consideration.
SECTION 2. Interim Zoning
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City staff is directed to disapprove all building permit applications filed after
February 24, 2003 for any residential development in the R1 Districts located in the Sunset
Park and North of Wilshire Neighborhoods, as delineated in subsection (a) of Section 1 of
this Ordinance, unless the project complies with the following development standard:
Permitted Uses.
1. The following uses shall be permitted in the R1 District
unless these uses would be located on parcels with a grade differential of
12.5 feet or more and would be associated with a new building, substantial
remodel, or a 50% or greater square foot addition to an existing home:
(a) Hospice facilities;
(b) One single-family dwelling per parcel placed on a
permanent foundation (including manufactured housing);
(c) One-story accessory buildings and structures up to
fourteen feet in height;
(d) One-story accessory buildings over fourteen feet in
height to a maximum height of twenty-eight feet, or two-story
accessory buildings up to a maximum height of twenty-eight
feet, if such buildings conform to the required setbacks and
stepbacks for the principal building and with the
development standards set forth in Santa Monica Municipal
Code Section 9.04.14.110;
(e) Public parks and playgrounds;
(f) Small family day care homes;
(g) State authorized, licensed, or certified uses to the extent
required to be permitted by State Law;
(h) Yard sales, limited to two per calendar year, for a
maximum of two days each;
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(i) Domestic violence shelter.
Uses Subject to Performance Standards Permit.
2. The following uses may
be permitted in the R1 District subject to the approval of a performance
standards permit:
(a) Large family day care homes;
(b) One-story accessory living quarters, up to fourteen feet
in height, on a parcel having a minimum area of ten
thousand square feet;
(c) Private tennis courts.
Uses Subject to Use Permit.
3. The following uses may be permitted in the
R1 District subject to the approval of a use permit:
(a) Duplexes on a parcel having not less than six thousand
square feet of area, a side parcel line of which abuts or is
separated by an alley from any R2, R3 or R4 District;
(b) Second dwelling units subject to the requirements set
forth in Santa Monica Municipal Code Section 9.04.13.040;
(c) Any use listed in Subsection 1 of this Section which
would be located on a parcel with a grade differential of 12.5
feet or more and would be associated with a new building,
substantial remodel, or a 50% or greater square foot
addition to an existing home.
Conditionally Permitted Uses.
4. The following use may be permitted in the
R1 District subject to the approval of a conditional use permit:
(a) Schools.
Prohibited Uses
5. .
(a) Boarding houses.
(b) Rooftop parking.
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(c) Any uses not specifically authorized.
Property Development Standards.
6. All property shall be developed in
accordance with the following standards:
Maximum Building Height.
(a)
(1) Two stories, not to exceed twenty-eight feet, which
includes all building elements except chimneys and required
vents;
(2) On lots of more than twenty thousand square feet with a
minimum front parcel line dimension of two hundred feet, the
height shall not exceed thirty-five feet for a pitched roof or
twenty-eight feet for other types of roofs.
Maximum Unit Density
(b) . One dwelling unit per parcel,
except where a use permit has been approved authorizing a
duplex or second dwelling unit pursuant to subsections 3(a)
or 3(b) of this Section.
Minimum Lot Size
(c) . Five thousand square feet. Each
parcel shall contain a minimum depth of one hundred feet
and a minimum width of fifty feet. Any parcel existing on the
effective date of this Chapter shall not be subject to this
requirement.
Maximum Parcel Coverage
(d) . Thirty-five percent except
that parcels with only one-story structures not exceeding
eighteen feet in height may have a maximum parcel
coverage of fifty percent.
Front Yard Setback.
(e) As shown on the Official Districting
Map of the City, or, if no setback is specified, twenty feet.
Additional Front Stepback Above Fourteen Feet in
(f)
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Height.
For new structures or additions to existing
structures, any portion of the front building elevation above
fourteen feet exceeding seventy-five percent of the
maximum buildable front elevation shall be stepped back
from the front setback line an additional average amount
equal to four percent of parcel depth, but in no case
resulting in a required stepback greater than ten feet.
As used in this Chapter, "maximum buildable front elevation"
shall mean the maximum potential length of the elevation
permitted under these regulations, which includes parcel
width or length (as applicable), minus required minimum
setback.
Rear Yard Setback.
(g) Twenty-five feet.
Additional Rear Stepback Above Fourteen Feet in
(h)
Height.
For new structures or additions to existing
structures, any portion of the rear building elevation above
fourteen feet exceeding seventy-five percent of the
maximum buildable rear elevation shall be stepped back
from the rear setback line an additional average amount
equal to four percent of parcel depth, but in no case
resulting in a required stepback greater than ten feet.
Side Yard Setback.
(i) Ten percent of the parcel width or a
minimum of three feet six inches, whichever is greater, but in
no case greater than fifteen feet. However, for structures
over eighteen feet in height, including all building elements
except chimneys and required vents, the required amount of
setback for both side yards combined as measured at any
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point on the parcel, shall equal thirty percent of the parcel
width but in no case be greater than a total of forty-five feet.
The minimum setback for each side yard shall also be equal
to ten percent of the parcel width, or a minimum of three
feet, six inches whichever is greater.
Additional Side Stepbacks Above Fourteen Feet in
(j)
Height.
For new structures or additions to existing
structures, any portion of the side building elevation above
fourteen feet exceeding fifty percent of the maximum
buildable side elevation shall be stepped back from the side
setback line an additional one foot for every two feet four
inches above fourteen feet of building height to a maximum
height of twenty-one feet.
Additional Side Stepback Above Twenty-One Feet in
(k)
Height.
No portion of the building, except permitted
projections, shall intersect a plane commencing twenty-one
feet in height at the minimum sideyard setback and
extending at an angle of forty-five degrees from the vertical
toward the interior of the site.
Front Yard Paving.
(l) No more than fifty percent of the
required front yard area including driveways shall be paved,
except that lots with a width of twenty-five feet or less may
have up to sixty percent of the required front yard area
paved.
Modifications to Stepbacks Above Fourteen Feet in
(m)
Height.
The stepback requirements of subsections 6(f),
6(h), 6(j), and 6(k) of this Section may be modified subject to
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the review and approval of the Architectural Review Board if
the Board finds that the modification will not be detrimental
to the property, adjoining properties or the general area in
which the property is located, and the objectives of the
stepback requirements are satisfied by the provision of
alternative stepbacks or other building features which
reduce effective mass to a degree comparable, to the
relevant standard requirement.
Driveways.
(n) No more than one driveway per parcel to a
public street shall be permitted on parcels less than one
hundred feet in width.
Basements and Subterranean Garages.
(o) 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 otherwise permitted
within a yard area, if such basement, semi-subterranean or
subterranean garage is located at least five feet from any
property line.
Access to Subterranean Garages and Basements.
(p)
(1) Up to a total of fifty square feet of area in the side and
rear yards may be utilized for lightwells or stairways to
below-grade areas of the main building and any accessory
buildings.
(2) No more than three feet of excavation below grade for a
driveway, stairway, doorway, lightwell, window or other such
element to a subterranean or semi-subterranean garage or
basement shall occur in the front yard setback area. This
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requirement may be modified by the Architectural Review
Board for parcels with an elevation rise of five feet from the
front property line to a point fifty feet towards the interior of
the site if it finds that topographic conditions necessitate that
such excavation be permitted.
Roof Decks.
(q) Roof decks shall be set back at least three
feet from the minimum sideyard setback. The height of any
railings or parapets associated with such roof decks may not
exceed the maximum allowable building height for the
structure.
Second Floor Parcel Coverage.
(r) For parcels with a
maximum ground floor parcel coverage of 35 percent, the
maximum second floor parcel coverage, including the
second floor of all accessory buildings, shall not exceed 26
percent of the parcel area. Second floor parcel coverage
may be increased up to a maximum of 30 percent of the
parcel area if the ground floor square footage is reduced an
equivalent amount. Conversely, the ground floor coverage
may be increased to a maximum of 40 percent if an
equivalent amount is reduced on the second floor.
Garage Doors.
(s) Garage doors facing the public street
must be set back a minimum of 5 feet from the front setback
line and may not exceed 16 feet in width unless located in
the rear 35 feet of the parcel.
One-story garage.
(t) A one-story garage attached to the
primary structure with a maximum height of 14 feet,
including parapets and railings, a maximum length of 25
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feet, and with garage doors perpendicular to the public
street, shall be allowed to project up to 6 feet into the
required front yard if no alley access exists, but may not
extend closer than 20 feet to the front property line.
Architectural Review.
. 7. No building or structure shall be subject to
architectural review pursuant to the provisions of Chapter 9.32 of the Santa
Monica Municipal Code except:
(a) Properties installing roof or building-mounted parabolic
antennae (only with respect to the antennae and screening);
(b) Duplexes
(c) Any structure above fourteen feet in height that does
not conform to the required yard stepbacks for structures
above fourteen feet in height.
(d) Any structure that does not conform to the limitations on
access to subterranean garages and basements.
Any applicant for a development subject to architectural
review under these provisions shall provide certification of
notice to all owners and commercial and residential tenants
of property within a radius of three hundred feet from the
exterior boundaries of the property involved in the
application, not less than ten days in advance of
Architectural Review Board consideration of the matter,
which notice and certification thereof shall be in a form
satisfactory to the Zoning Administrator. Any applicant for
an ARB permit pursuant to this Section who also is required
to obtain a Use Permit pursuant to Section 2, Number 2 of
this Ordinance shall have both permit applications reviewed
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concurrently by the Zoning Administrator.
Fifty percent addition.
8. Parking shall be provided in accordance with the
provisions of Part 9.04.10.08 of the Santa Monica Municipal Code, Off Street
Parking Requirements, if the principal building on the parcel is substantially
remodeled or, if fifty percent or more additional square footage is added to
the principal building at any one time, or incrementally, after September 8,
1988, provided the aggregate addition is five hundred square feet or more.
SECTION 3. This ordinance shall be of no further force and effect two years from
its effective date, up to and including April 10, 2005, unless prior to that date, after a public
hearing, noticed pursuant to Santa Monica Municipal Code Section 9.04.20.22.050, the
City Council, by majority vote, extends this interim ordinance.
SECTION 4. 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, is hereby repealed or modified to that extent necessary to
effect the provisions of this Ordinance.
SECTION 5. 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 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 6. The Mayor shall sign and the City Clerk shall attest to the passage of
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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
thirty days after its adoption.
APPROVED AS TO FORM:
_________________________
MARSHA JONES MOUTRIE
City Attorney
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ATTACHMENT B
NOTICE OF PUBLIC HEARING
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NOTICE OF A PUBLIC HEARING
BEFORE THE SANTA MONICA CITY COUNCIL
SUBJECT:
A Public Hearing will be held by the City Council on the following request:
Introduction and First Reading of a Proposed Interim Ordinance Extending
the Interim Ordinance Modifying the Development Standards for Parcels in
the R-1 Districts located in the Sunset Park and North of Wilshire
Neighborhoods.
WHEN:
Tuesday, February 25, 2003 at 7:00 P.M.
WHERE:
Council Chamber, Room 213
1685 Main Street, Santa Monica
HOW TO COMMENT
The City of Santa Monica encourages public comment on this and other projects. You or
your representative, or any other persons may comment at the City Council's public
hearing, or by writing a letter.
Letters should be addressed to: City Clerk
1685 Main Street, Room 102
Santa Monica, CA 90401
MORE INFORMATION
If desired, further information on any application may be obtained from the City Planning
Division at the address above or by calling (310) 458-8341.
The meeting facility is accessible. If you need any disability-related accommodations,
please contact staff at (310) 458-8341 or (310) 458-8696 TTY at least 72 hours in
advance. All written materials are available in alternate format upon request.
Pursuant to California Government Code Section 65009(b), if this matter is subsequently
challenged in Court, the challenge may be limited to only those issues raised at the Public
Hearing described in this notice, or in written correspondence delivered to the City of
Santa Monica at, or prior to, the Public Hearing.
ESPAÑOL
Esto es un aviso sobre una audencia publica para revisar applicaciones proponiendo
desarrollo en Santa Monica. Esto puede ser de interes a usted. Si desea mas
informacion, llame a Carmen Gutierrez al numero (310) 458-8341.
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ATTACHMENT C
1/28/03 COUNCIL STAFF REPORT
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PCD:SF:JT:AS:JL:BJM:f:\F:\PLAN\SHARE\COUNCIL\STRPT\R1sunset&NofW\council2.doc
Council Mtg: January 28, 2003 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Introduction and First Reading of an Interim Ordinance to Modify the
Development Standards for Parcels in the R-1 Districts located in the
Sunset Park and North of Wilshire Neighborhoods.
INTRODUCTION
This report recommends that the City Council introduce for first reading an interim
ordinance to modify the development standards for the R1 districts located in the Sunset
Park and North of Wilshire Neighborhoods. The proposed ordinance is contained in
Attachment A.
BACKGROUND
In recent years, the Sunset Park and North of Wilshire Neighborhoods have experienced
increased demolition of modest homes in favor of larger single-family dwellings. Over the
last five years (i.e., 1997 to 2002), the Sunset Park neighborhood saw redevelopment of
16 parcels, and the North of Wilshire neighborhood experienced redevelopment of 15
parcels. As a percentage of the total parcels, these numbers are relatively low. However
during that same period property values rose steadily, and interest rates have stayed low.
These facts increase the likelihood of significantly more redevelopment. While revisions to
the development standards in these areas are prioritized as part of the City Planning
Division work-program, this process will not be finalized for another two years. As a
temporary solution, the City Council directed staff to prepare an interim ordinance at its
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October 22, 2002 meeting.
PROPOSED ORDINANCE
As outlined below, the proposed ordinance is intended to create buildings that integrate
better into the neighborhood. The recommended modifications are designed to reduce
building mass and enhance the pedestrian orientation between the building and the
streetscape by governing parcel coverage, side setbacks, and garage and garage door
orientation.
Excessive Building Mass
One of the primary concerns is excessive building mass in relation to overall size, scale,
proportion of building to lot size and provision of adequate light and air. Therefore, a
multi-dimensional approach that would implement a number of standards currently in effect
for the North of Montana R1 neighborhood is recommended, including:
?
Parcel Coverage. While reduced parcel coverage will not alone resolve
overbuilding, staff believes that reducing maximum allowable parcel coverage
will address neighborhood concerns regarding light, air and open space, and
promote use of basements to achieve additional square footage. Maximizing
basement areas for laundry, family, and utility rooms will help to reduce the
visible building mass, while accommodating the property owner’s need for
additional living area square footage. It is recommended that lot coverage be
reduced to a maximum of 35% in most cases.
?
Second Floor Coverage. To reduce the building mass above 14 feet, the size
of the second floor will be limited to 26% of the parcel area, with the ability to
increase this only if a comparable reduction in first floor square footage is
provided.
?
Parcel Coverage Variations. Staff recommends increasing the second story
parcel coverage if the equivalent amount of coverage is reduced on the first
floor. This would create a smaller overall building while providing design
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flexibility for more diverse architectural styles. Conversely, staff recommends
increasing the first story parcel coverage to a maximum of 40% if an
equivalent amount of second story parcel coverage is reduced. This would
create a smaller second floor, which will reduce the amount of building mass
visible to adjacent properties. This provision will allow existing structures to
maintain their 40% lot coverage on the first floor and limit second story
additions to a maximum of 21%.
?
Single Story Incentives. To provide an incentive for one-story houses, the
maximum parcel coverage for a structure no greater than 18 feet high will be
increased to 50%. Staff believes this will encourage development of new one-
story structures and allow expansion of existing homes without a second story
addition.
?
Sideyard Setback. To increase the space between buildings and reduce the
impact of buildings over 18 feet in height on adjacent properties, the proposed
ordinance requires an increase in side yard setbacks. An additional 10% of
the lot width will be dedicated to the side yard area. The minimum required
side yard will remain 10% of the lot width; however, the combined total of the
side yards at any point on the parcel will equal 30% of the lot width. The
additional side yard area can be provided on either side, or a portion on both
sides.
Staff believes that this requirement creates opportunities to provide more light
and air on one side of the property, while retaining design flexibility.
Additional open space can accommodate more landscaping, particularly trees
that cannot otherwise be accommodated in a standard 5 foot wide sideyard.
Streetscape
The City Council, Planning Commission and some members of the public have consistently
emphasized the importance of the streetscape in maintaining an area’s unique
neighborhood character. The Interim Ordinance proposed the following standards to
address this issue:
Garage Setback. Garage doors oriented toward the front yard portion of a
?
parcel may negatively impact pedestrian character. The proposed
ordinance recommends that wherever garage doors face the street, the
garage portion of the building be set back 5 feet beyond the front setback
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and the garage doors may not exceed 16 feet in width. This will help to
ensure that the garage doors are not the primary architectural features
visible from the street. To allow flexibility wherever this provision would be
impractical, however, the Architectural Review Board could modify this
setback standard.
?
Garage Projection. The ordinance also proposes that single-story garages
oriented perpendicular to the street be allowed to project up to 6 feet into the
front yard setback, but not closer than 20 feet. This enables further
architectural diversity and greater design flexibility, yet ensures that the
streetscape is not comprised of monotonous garage door façades. The
ability to project the garage into the required front yard setback will result in
a greater setback for the primary structure. For example, since the minimum
garage width is 18 feet, on properties with a 30 foot front yard setback, the
primary residence would have to be set back an additional 12 feet.
Discretionary Review
Due to size disparities and other disparate characteristics of parcels located in these
neighborhoods, particularly the Sunset Park Neighborhood, staff believes that
development on parcels having a significant grade differential should be approved through
a discretionary review process. Ensuring that new development is compatible in scale,
size, and massing with existing land uses is not possible without the ability to have
regulatory control. More specifically, development on sloping parcels having a grade
differential of twelve-and-one-half feet or more can appear more massive and be perceived
as three story structures in neighborhoods with two story height limits. As a result,
buildings on sloping lots may not integrate well with the neighborhood. Since twelve-and-
one-half feet is recognized by the Zoning Ordinance as a unique topographical condition
and is used as a threshold to allow for filing of setback and parcel coverage variances,
staff believes this is also an appropriate standard for R1 discretionary review.
Furthermore, this threshold would be generally consistent with the OP2 definition of a
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sloping lot. As described below, staff recommends that a Use Permit, which is reviewed by
the Zoning Administrator and is appealable to the Planning Commission, be the required
discretionary permit.
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Use Permit. Require parcels with a grade differential of 12.5 feet or more to
obtain Use Permit approval for a new building or substantial remodel, or a 50%
square foot or greater addition to an existing home. Additionally, for projects
requiring both Use Permit and ARB approval subject to Section 9.04.08.02.080
(a-d), the ARB permit would be reviewed by the Zoning Administrator
concurrently with the Use Permit. This process would allow for a more
comprehensive project review and eliminate a duplicate hearing.
CEQA STATUS
The proposed interim ordinance is categorically exempt from the provisions of CEQA,
pursuant to Section 15061(b) (3) of the State Guidelines, in that the amendments establish
additional development standard limitations in the Sunset Park and North of Wilshire
Boulevard R1 Zoning Districts that would regulate the size and scale of development.
Further, in some cases, the interim ordinance would result in additional discretionary
review where additional analysis to determine CEQA compliance would be required.
Therefore, these amendments do not have the possibility of resulting in significant
environmental impacts.
PUBLIC NOTIFICATION
Pursuant to Municipal Code Section 9.04.20.20.050, notice of the public hearing was
published in The Los Angeles Times at least calendar ten days prior to the hearing. A
copy of the notice is contained in Attachment B. In addition, notice of the public hearing
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was mailed to all owners and residential and commercial tenants located within the subject
area.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report will have no budgetary or financial impacts.
RECOMMENDATION
Staff respectfully recommends that the City Council introduce the attached ordinance for
first reading.
Prepared by: Suzanne Frick, Director
Jay Trevino, AICP, Planning Manager
Amanda Schachter, Principal Planner
Jonathan Lait, AICP, Senior Planner
Bradley J. Misner, AICP, Associate Planner
Planning and Community Development Department
City Planning Division
Attachments A. Proposed Ordinance
B. Notice of Public Hearing
Correspondence
C.
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