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PCD:AA:AS:JL:LBE F:\CityPlanning\Share\COUNCIL\STRPT\2005\R1 modify ARB approval 9-27.doc
Council Mtg: September 27,2005 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Introduction and First Reading of an Interim Ordinance Modifying the
Provisions of Interim Ordinance Number 2160 (CCS) to allow an
Administrative Review Process for Developments on Sloping Parcels and to
Modify Standards Related to Balconies and Covered Porches in the Front
Yard Setback for R-1 zoned properties 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 modifying the provisions of Ordinance Number 2160 (CCS), which was adopted
on June 28, 2005. As requested by Council, the proposed ordinance includes a procedure
allowing administrative review of single family developments on parcels with a slope of 12.5
feet or greater; current standards require discretionary review by the Architectural Review
Board. The recommended procedure includes public notification and opportunity for
appeal. In addition, the proposed ordinance adjusts a development standard to allow
covered porches in the front yard area, which was inadvertently not included in Ordinance
2160. The interim ordinance is contained in Attachment A.
BACKGROUND
Ordinance 2160 changed the discretionary review authority of housing developments on
sloped parcels in the subject neighborhoods from the Zoning Administrator to the
Architectural Review Board. This change reduced the processing time several weeks and
application costs to homeowners. It also appropriately focused the review on design
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OCT I I 2005 lET JJ T [BJ9'q
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compatibility as opposed to land use compatibility. However, in adopting Ordinance 2160,
the Council directed staff to return with a new ordinance to change this process to an
administrative procedure that still allows public input and possible appeal opportunities.
The purpose for this review is to ensure that the size, mass, and placement of a proposed
structure are compatible with improvements in the surrounding neighborhood. Review is
required for any new structure, substantial remodel, or a 50% or greater square foot
addition to an existing home located on a parcel with a grade differential of 12.5 feet or
more between the front and rear parcel lines. Based on past trends, staff anticipates no
more than five or six of these applications annually.
DISCUSSION
Current Process (Ordinance 2160)
Currently, any new structure, substantial remodel, or a 50% or greater square foot addition
to an existing home located on a parcel with a grade differential of 12.5 feet or more
between the front and rear parcel lines requires Architectural Review Board approval. The
review process time is approximately six weeks. ARB decisions may be appealed to the
Planning Commission.
Sloping Lots: Proposed Process
Staff considered different options for implementing the Council's request to consider
administrative review. The recommended approach establishes a process in which the
Secretary of the Architectural Review Board or designee (ARB Liaison in consultation with
the Urban Designer), makes a determination on all ARB applications for developments on
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sloping lots within the affected R1 areas. While site posting is not required, a copy of the
determination would be mailed to the applicant and to all property owners and residents
within 100 feet, to inform them of the decision and provide a 14-day appeal period. This
process is similar to the Performance Standards Permit (PSP). All appeals would be heard
by the Architectural Review Board, whose decisions would be final. The application fee
would be consistent with the ARB staff approval fee, currently $196.79. The current appeal
fee is $211.96.
The above process reduces application processing times and overall cost of the review
process, while maintaining a procedure that ensures neighborhood compatibility and
provides neighbors that disagree with the administrative determination an opportunity to
appeal. The estimated review time for the process adopted last June in Ordinance 2160 is
approximately six weeks, with all Board decisions becoming final 10 days later if not
appealed. It is anticipated that the proposed administrative process will take two to three
weeks on average, with a decision becoming final 14 days later if not appealed. An appeal
to the ARB would be processed in about six weeks.
Other Alternatives
Staff considered other alternatives, including a process similar to the City's Adjustment
process (requiring a hearing only if requested) and a process in which neighbors would be
notified of an application by mail, providing an opportunity for input prior to staff issuing a
determination. The following table compares the two alternatives with the recommended
process.
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Collaborative approach
with applicant,
neighbors/public prior
to decision.
Potential due process
concern regarding the ..
availability of
consistent information
to interested parties
and staff's role as
mediator and decision-
maker
*This radius ensures that adjacent or nearby affected properties fronting on other streets are aware of the
application and/or decision.
Process
Description
A ellate bod
Processing
Time
When a 100-
foot radius
notice occurs
Advantages
Disadvantages
"Adjustment process"
Model
· Administrative
Determination unless
ARB hearing is
re uested.
Plannin Commission
Decision wlo hearing: 3
weeks; 8 weeks if
hearing requested.
A eal: 8-12 weeks
Prior to determination, to
allow hearing requests
Neighbor input prior to
decision
Request for hearing and
appeal to Planning
Commission extends
time review
Administrative
Approval with Public
In ut
· Mailed notice to
neighbors to provide
comments
ARB
Decision: 3-4 weeks
Appeal: 6 weeks
Prior to determination,
to provide comment
Permitting Covered Front Porches in the Front Yard Setback Area
Under current Code provisions (SMMC 9.04.10.02.180: Projections permitted into required
yards), uncovered porches may extend six feet into the front yard setback areas.
Overhangs for porches and unenclosed balconies may extend 30" (two and one-half feet)
into the front yard setback area. In the North of Montana area, balconies and covered
porches open on at least two sides with a maximum height of fourteen feet are permitted to
extend six feet into the front yard for up to 50% of the front building width measured at the
front fa<;ade (SMMC 9.04.08.02.075: Special project design and development standards).
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With ARB approval, this may be extended to more than 50% of the width if the proposal is
compatible with the surrounding neighborhood.
It is proposed in the revised interim ordinance to allow the same six-foot projection into the
front yard for balconies and covered porches and the same ARB process for exceptions
beyond 50% of the width in the Sunset Park and North of Wilshire R 1 neighborhoods. This
would effectively permit more usable front porches on both new and existing structures.
Front porches generally promote more connection with the street, neighborhood interaction
and "eyes on the street," consistent with the intention and objectives of the R1 zone. The
regulation might be particularly applicable to existing homes that are already built up to the
front setback line and cannot otherwise create a comfortable, covered front porch.
CEQA
The proposed revisions to the Interim Ordinance are exempt from the provisions of the
California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) in that it can
be seen with certainty that the proposed revisions do not have the potential to significantly
impact the environment.
PUBLIC NOTICE
A legal advertisement was published in the "California" section of the Los Angeles Times at
least ten consecutive calendar days prior to the hearing. A copy of the notice is contained
in Attachment C.
BUDGET/FISCAL IMPACT
The recommendations presented in this report have no budget or financial impacts.
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RECOMMENDATION
Staff recommends that the Council introduce for first reading the attached interim
ordinance modifying the provisions of Interim Ordinance Number 2160 and maintaining the
current expiration date of March 11,2007.
Prepared by:
Andy Agle, Interim Director
Amanda Schachter, Planning Manager
Jonathan Lait, AICP, Principal Planner
Elizabeth Bar-EI, AICP, Senior Planner
Planning and Community Development Department
Attachment: A:
B.
Proposed Emergency Interim Ordinance
Public Notice
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f:\atty\muni\laws\barry\R 1 sunset&Notw9-27 -05.doc
City Council Meeting 9-27--05
Santa Monica, California
ORDINANCE NUMBER
(CCS)
(City Council Series)
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA EXTENDING AND ADJUSTING 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 by Montana
Avenue to the north, 22nd 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.
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(c) Within the past several years, real estate values in the Sunset Park and North
of Wilshire neighborhoods have risen dramatically, with year over year increases
exceeding twenty percent.
(d) At the same time, and continuing into the present, interest rates have remained
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 past number of years, the Sunset Park neighborhood and the North of
Wilshire neighborhood have experienced substantial redevelopment of homes.
(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
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neighborhood's historic development pattern. If urgent action is not taken, irreversible
development activity would occur.
G) As detailed above, 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 these reasons, the Zoning Ordinance requires review and revision as it
pertains to the appropriate development standards in the R1 Districts in the Sunset Park
and North of Wilshire neighborhoods.
(I) Pending completion of this review and revision, which will occur as part of the
Land Use Element/Zoning Ordinance update, in order to protect the public health, safety
and welfare, it is necessary on an interim basis to change current develop standards
including, setbacks, stepbacks, and parcel coverage, to ensure that adequate light, air,
privacy, and open space is provided for each dwelling, that the construction is compatible
and integrates with the Sunset Park and North of Wilshire neighborhoods, and that the
character of the neighborhoods are not irreversibly damaged.
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(m) In light of the above-mentioned concerns, the City Council adopted Ordinance
Number 2066 (CCS) modifying the development standards in the Sunset Park and North of
Wilshire neighborhoods on February 25, 2003, and extended its provisions by adopting
Ordinance Number 2067 (CCS) on March 11, 2003, Ordinance Number 2156 (CCS) on
March 22, 2005, and Ordinance Number 2160 (CCS) on June 28,2005. That ordinance
will expire on March 11,2007, unless extended.
(n) In adopting Ordinance Number 2160 (CCS), the City Council directed staff to
return with a revised ordinance for its consideration that would authorize staff review of
single family developments on parcels with a slope of 12.5 feet or greater instead of the
current process which requires initial review by the Architectural Review Board.
(0) This interim ordinance provides a procedure for allowing administrative review of
single family developments on parcels with a slope of 12.5 feet or greater and adjusts the
development standards to allow covered porches in the front yard area.
(p) 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, consistent with Ordinance 2160 (CCS) extends Ordinance Numbers 2066
(eeS), 2067 (eCS), and 2156 (CCS) up to and including March 11,2007, establishing on
an interim basis the following development standards for the R1 districts in the Sunset Park
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and North of Wilshire neighborhoods with minor adjustments to the prior interim provisions
to address inadvertent development hardships on smaller parcels. This extension will allow
sufficient time for a comprehensive planning process to revise these development
standards on a permanent basis in conjunction with the Land Use ElemenUZoning
Ordinance update.
SECTION 2. Interim ZoninQ
City staff is directed to disapprove all building permit applications filed after February
24, 2003, and all applications for variances or other discretionary approvals which are
deemed complete after February 24, 2003, for any residential development in the R 1
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:
1. Permitted Uses. The following uses shall be permitted in the R 1 District:
(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
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step backs 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;
(i) Domestic violence shelter.
2. Uses Subject to Performance Standards Permit. The following uses may
be permitted in the R 1 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.
3. Uses Subject to Use Permit. The following uses may be permitted in the
R 1 District subject to the approval of a use permit:
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(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;
4. Conditionally Permitted Uses. The following use may be permitted in the
R 1 District subject to the approval of a conditional use permit:
(a) Schools.
5. Prohibited Uses.
(a) Boarding houses.
(b) Rooftop parking.
(c) Any uses not specifically authorized.
6. Property Development Standards. Except as otherwise provided in this
Section, AglI property shall be developed in accordance with the following
standards:
(a) Maximum Building Height.
(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.
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(b) Maximum Unit Density. 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.
(c) Minimum Lot Size. 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.
(d) Maximum Parcel Coverage. 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.
(e) Front Yard Setback. As shown on the Official Districting
Map of the City, or, if no setback is specified, twenty feet.
(f) Additional Front Stepback Above Fourteen Feet in
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.
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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.
(g) Rear Yard Setback. Twenty-five feet.
(h) Additional Rear Stepback Above Fourteen Feet in
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.
(i) Side Yard Setback. Except as provided in subsection 60) of
this Section, 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.
0) Additional Side Yard Setback. 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 point on the
parcel, shall equal thirty percent of the parcel width but in no
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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. This subsection 60) shall not apply under
any of the following circumstances:
(1) New structures on parcels that are 45 feet or less in parcel
width.
(2) Additions to existing structures that do not constitute a
substantial remodel on parcels that are less than 50 feet in
parcel width.
(3) Any development on parcels that are less than 5,000
square feet in parcel area.
(k) Additional Side Stepbacks Above Fourteen Feet in
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.
(I) Additional Side Stepback Above Twenty-One Feet in
Height. No portion of the building, except permitted
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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.
(m) Front Yard Paving. 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.
(n) Modifications to Stepbacks Above Fourteen Feet in
Height. The stepback requirements of subsections 6(f), 6(h),
6(k), and 6(1) of this Section may be modified subject to 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.
(0) Driveways. No more than one driveway per parcel to a
public street shall be permitted on parcels less than one
hundred feet in width.
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(p) Basements and Subterranean Garages. 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.
(q) Access to Subterranean Garages and Basements.
(1) Up to a total of fifty square feet of area in the side and rear
yards may be utilized for Iightwells 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
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.
(r) Roof Decks. 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
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exceed the maximum allowable building height for the
structure.
(s) Second Floor Parcel Coverage. 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.
(t) Garage Doors. 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.
(u) One-story garage. 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 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.
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(v) Architectural Projections Into Side Yards. Eaves,
awnings, canopies, sunshades, sills, cornices, belt courses,
trellises, arbors and other similar architectural projections may
extend a maximum of 18" into an interior side yard or 30" into a
street side yard, provided that such projections shall not be
closer than three feet to any property line.
(w) Balconies and Porches. Balconies and porches open
on at least two sides with a maximum height of fourteen feet
including parapets and railings that do not exceed fifty percent
of the front building width measured at the front facade, may
proiect up to six feet into the required front yard. Stairs less
than three feet above grade may proiect an additional four feet
into the required front yard.
7. Architectural Review. 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.
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(d) Any structure that does not conform to the limitations on
access to subterranean garages and basements.
(e) Any structure associated with a new building, substantial
remodel, or a 50% or greater square foot addition to an
existing home located on a parcel 'Nith-a grade-diff-erent1al-of
12.5 feet or more between the front and rear parcel lines. The
,1~',rchitectural Review Board may approve projects pursuant to
this subsection 7(e) if the follo'Ning finding offact is made: the
size, mass, and placement of the proposed structure -is
compatible with improvements in the surrounding
neighborhood. No other findings of fact are required.
Utitf1 Any structure that does not comply with the requirements
that garage doors facing the public street must be set back a
minimum of five feet from the front setback line and garage
doors must not exceed 16 feet in width unless located in the
rear 35 feet of the parcel.
illffit Any structure on a parcel that is 50 feet or more in width
that does not comply with subsection 60) of this Section.
(Q) Anv structure with balconies or porches open on at least
two sides with a maximum height of fourteeIlJe~Unc.l!JJ:ljng
parapets and railinQs. which proiect into the required front yard
and which exceed fifty percent of the front building width
measured at the front fayade.
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(h) The Architectural Review Board may approve the design
modifications set forth in subsections 7~(ij aR€l- 7lf1W and
1.(glof this Section provided all of the following findings of fact
are made:
(1) There are special circumstances or exceptional
characteristics applicable to the property involved, including
size, shape, topography, surroundings, or location of the
existing improvements or mature landscaping on the site.
(2) The granting of the design modification will not be
detrimental nor injurious to the property or improvements in the
general viCinity and district in which the property is located.
3) The granting of the design modification will not impair the
integrity and character of this R1 neighborhood, nor impactthe
light, air, open space, and privacy of adjacent properties.
(4) In the case of additions to buildings in the City's Historic
Resources Inventory, the design modification is compatible
with the building's historic architectural character, does not
result in the removal of historic building features, and the
addition is consistent with the Secretary of the Interior
Standards for Rehabilitation.
Any applicant for a development subject to architectural review
under these provisions shall provide certification of notice to all
16
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.
8. Special Architectural Review of Slopina Parcels. Any structure
associated with a new building, substantial remodel. or 50% or greater
square foot addition to an existinQ home located on a parcel with a Qrade
differential of 12.5 feet or more between the front and rear parcels lines shall
be subiect to review by the Secretary of the Architectural Review Board, or
his/her designee, or by the Architectural Review Board on appeal, The
Secretary of the Architectural Review Board shall grant the architectural
review application if the following finding of fact can be made: the size,
mass, and placement of the proposed structure is compatible with
improvements in the surrounding neighborhood. The Secretary shall prepare
a written decision which shall contain the finding of fact upon which the
decision is based. The decision shall be mailed to the applicant and to
property owners and residents of parcels located within a 100 foot radius
from the boundary of the parcel for which the Architectural Review
Application is requested. Copies of the decision shall also be provided to the
17
Architectural Review Board. Any person who was mailed notice of the
decision may appeal the approval or denial of the application to the
Architectural Review Board if filed within fourteen consecutive calendar days
of the date the decision. Members of the City Council, Planning
Commission, and Architectural Review Board may also appeal this decision
within the same time period. Appeals shall be addressed to the appellate
body on a form prescribed by the Zoning Administrator. The appellant shall
state the specific reasons for the appeal. Appeals shall be accompanied by
the required filinQ fee. Public notice of an appeal hearing shall conform to
the manner in which the original notice was given. An action ofthe Secretary
appealed to the Architectural Review Board shall not become effective
unless and until approved by the Architectural Review Board.
9. Fifty percent addition. 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 anyone 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 after March 11,
2007, unless prior to that date, after a public hearing, noticed pursuant to Santa Monica
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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
this Ordinance. The City Clerk shall cause the same to be published once in the official
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newspaper within 15 days after its adoption. This Ordinance shall become effective thirty
days after its adoption.
APPROVED AS TO FORM:
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NOTICE OF A PUBLIC HEARING
BEFORE THE SANTA MONICA CITY COUNCIL
SUBJECT:
INTRODUCTION AND FIRST READING OF AN INTERIM ORDINANCE MODIFYING THE
PROVISIONS OF INTERIM ORDINANCE NUMBER 2160 (CCS) TO ALLOW AN
ADMINISTRATIVE REVIEW PROCESS FOR DEVELOPMENTS ON SLOPING PARCELS
AND TO MODIFY STANDARDS RELATED TO BALCONIES AND COVERED PORCHES
IN THE FRONT YARD SETBACK FOR R-1 ZONED PROPERTIES LOCATED IN THE
SUNSET PARK AND NORTH OF WILSHIRE NEIGHBORHOODS
The City Council will hold a public hearing to consider modifying two provisions of Interim Ordinance 2160
(CCS) which applies to the R-1 Districts located in the Sunset Park and North of Wilshire neighborhoods.
Proposed revisions would: 1) create an administrative review process, replacing the Architectural Review
Board (ARB) public hearing process with a Zoning Administrator determination for proposed development on
sloping lots; and 2) allow balconies and covered porches open on at least two sides up to fourteen feet in
height to extend six feet into the front yard area for up to fifty percent of the building width, with additional
opportunity to exceed fifty percent with ARB approval.
DATEITIME:
TUESDAY, SEPTEMBER 27,2005 AT 6:45 p.m.
LOCATION:
City Council Chambers, Second Floor, Santa Monica City Hall
1685 Main Street, Santa Monica, California
HOW TO COMMENT
The City of Santa Monica encourages public comment. You may comment at the City Council public hearing,
or by writing a letter. Written information will be given to the City Council at the meeting.
Address your letters to:
City Clerk
1685 Main Street, Room 102
Santa Monica, CA 90401
MORE INFORMATION
If you want more information about this interim ordinance extension, please contact Elizabeth Bar-EI, AICP, at
(310) 458-8341, or bye-mail atliz.bar-el@smgov.net. The Zoning Ordinance is available at the Planning
Counter during business hours and on the City's web site at www.santa-monica.org.
The meeting facility is wheelchair accessible. For disability-related accommodations, please contact Carmen
Gutierrez 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. Santa Monica Big Blue Bus Lines numbered 1. 2, 3, 5, 7, 8, 9, and
10 serve City Hall.
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.
ESPANOL
Esto es una noticia de una audiencia publica para revisar applicaci6nes proponiendo desarrollo en Santa
Monica. Si deseas mas informaci6n, favor de lIamar a Carmen Gutierrez en la Divisi6n de Planificaci6n al
numero (310) 458-8341.
F:ICityPlanning\ShareICOUNCILISTRPT\2005\R1 modify ARB approval 9-27.doc
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APPROVED AS TO FORM:
tlA"'10~~~
AMANDA CHACHTER
Planning Manager