Loading...
SR-400-008-01 (12) t._. . rf -II LJ c - (:(,~-o! Santa Monica ,o~ii~oIp~!a CA:RMM:11567/hpc City council Meeting 12-12-89 STAFF REPORT TO: Mayor and City Council FROM: City Attorney SUBJECT: Emergency Ordinance Extending the Moratorium on Residential Development in the Area Bounded by Ocean Avenue, Montana Avenue, the East Side of 14th Street and Wilshire Boulevard for Ten Months in Order to Allow For Preparation of an Environ- mental Impact Report that Evaluates Re-Zoning of the Area and for Adoption of Controls on Timing of Construction of Development Projects Approved in the Area At its meeting on November 21, 1989, the City council considered recommendations that resulted from Task Force meetings and staff analysis regarding the residential districts bounded by Ocean Avenue, Montana Avenue, 14th Street and wilshire Boulevard. Following a public hearing and deliberation, the City Council directed the City Attorney's office to prepare an ordinance extending the moratorium in this area to allow time to prepare an environmental impact report evaluating proposed re-zoning of the area, to prepare an ordinance implementing a construction rate and management program, and to amend the R-3 and R-4 development standards contained in the zoning Ordinance. The City council also directed the inclusion of an exemption from the moratorium for owners who owned or had entered into escrow for purchase of vacant parcels in the moratorium area on or before May 9, 1989. - 1 - 3-11 DEe 1 2 1989 '. . RECOMMENDATION It is respectfully recommended that the accompanying ordinance be introduced and adopted. PREPARED BY: Robert M. Myers, city Attorney Laurie Lieberman, Deputy City Attorney - 2 - '.' . CA:RMM:11566/hpc City Council Meeting 12-12-89 Santa Monica, California ORDINANCE NUMBER 1507 (city Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA EXTENDING THE MORATORIUM ON RESIDENTIAL DEVELOPMENT IN THE AREA BOUNDED BY OCEAN AVENUE, MONTANA AVENUE, THE EAST SIDE OF 14TH STREET AND WILSHIRE BOULEVARD FOR TEN MONTHS IN ORDER TO ALLOW FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT THAT EVALUATES RE-ZONING OF THE AREA AND FOR ADOPTION OF CONTROLS ON TIMING OF CONSTRUCTION OF DEVELOPMENT PROJECTS APPROVED IN THE AREA AND DECLARING THE PRESENCE OF AN EMERGENCY THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Findinqs and Purpose. The City Council finds and declares: (a) A significant level of development activity has occurred between January 1987 and March 1989 in the area bounded by Ocean Avenue on the west, by Montana Avenue on the north (including the R-3 and R-4 zoned property on the north side of Montana Avenue), by 14th street on the east (including the R-3 zoned property on the east side of 14th street), and by Wilshire Boulevard on the south (hereinafter referred to as the "moratorium area"). (b) More than twenty-one (21) residential development projects that will result in the construction of 269 new residential units in the moratorium area have been approved between January 1987 and March 1989. This number of projects and - 1 - '. ' . un1ts is significant when compared with the development activity in the two previous two-year periods in the moratorium area. During the period from January 1985 through December 1986, only four (4) residential development projects, which resulted in the construction of sixteen (16) new residential units, were approved in the moratorium area. During the period from January 1983 through December 1984, only five (5) residential development proj ects, which resulted in the construction of seventy-seven (77) units, were approved in the moratorium area. (c) While the City's Land Use and Circulation Element, adopted on October 23, 1983, identifies a standard of 48 dwelling units per net residential acre for high density residential areas in the City, the development activity that has occurred between January 1987 and March 1989 has resulted in 49.4 dwelling units per acre in the R-4 portion of the moratorium area. (d) While the City's Land Use and Circulation Element identifies a standard of 35 dwelling units per net residential acre for medium density residential areas, development activity that has occurred between January 1987 and March 1989 has resulted in 40.9 dwelling units per acre in the R-3 portion of the moratorium area. (e) A number of existing properties in the moratorium area are underdeveloped in relation to the City's existing allowable height and density limits. This is significant in that the redevelopment of these currently underdeveloped properties at greater height and densities could result in the loss of views and light and could pose a threat to the existing character of the neighborhood. - 2 - '. . . (f) Significant parking deficiencies exist in the moratorium area and increased development is likely to exacerbate an already unacceptable level of parking problems. (g) There is continuing and increasing concern regarding the capacity of the existing infrastructure in the moratorium area to support increases in densities. (h) There is continuing and increasing community concern that an increasing number of applications are and will continue to be filed for development projects within the moratorium area. (i) The amount of construction activity taking place in the moratorium area causes significant disruption and noise problems for the residents of the area. (j) The increase in development activity in the moratorium area poses a threat to the public health, safety and welfare of the residents. (k) In light of the above-mentioned concerns, the City Council adopted Ordinance Number 1478 (CCS) on May 9, 1989, which ordinance established a 45 day moratorium and adopted Ordinance Number 1484 (CCS) on June 13, 1989, extending the moratorium for six months. (1) During the past six months, the City's Planning Division convened a task force composed of residents and property owners in the moratorium area to participate in discussions about solutions to the above-mentioned concerns. (m) On November 21, 1989, the Planning Division presented a staff report to the City Council containing staff recommendations and recommendations of the task force. Following the staff report, the City Council directed that the moratorium - 3 - .. . " be extended in order to allow the staff to prepare an environmental impact report to evaluate proposed re-zoning of the area and for preparation of an ordinance governing the rate and timing of construction projects in the area. (n) Pending possible re-zoning of the area, adoption of modified development standards, and controls on timing of construction of approved development projects in the area, it is necessary to extend the interim control measure establ ished by Ordinance Number 1484 (CCS) in order to preserve the existing character of the moratorium area and prevent any further aggravation of the parking and other infrastructure limitations. SECTION 2. Moratorium. (a) subject to the exemptions set forth in section 3 of this Ordinance, a moratorium is hereby placed on the acceptance for processing of any applications for approval of tentative tract maps, tentative parcel maps, administrative approvals, development review permits, conditional use permits, or any other city permits for the erection, construction, demolition, moving, conversion of, and excavation and grading for, any residential building or structure, including any hotel or motel, on properties zoned R-3 or R-4 in the moratorium area. (b) Subject to the exemptions set forth in Section 3 of this Ordinance, the Planning Commission and City staff are hereby directed to disapprove all applications filed after April 28, 1989, for approval of tentative tract maps, tentative parcel maps, administrative approvals, development review permits, conditional use permits, or any other City permits for the - 4 - '. . erection, construction, demolition, moving, conversion of, and excavation and grading for, any residential building or structure, including any hotel or motel, on properties zoned R-3 or R-4 in the moratorium area. SECTION 3. Exemptions. The following applications are exempt from the provisions of Section 2 of this Ordinance: (a) Applications for approval of permits involving the erection, construction, enlargement, demolition of a single family dwelling, or moving of, and excavation and grading for any single family dwelling. (b) Applications for approval of permits involving the erection, construction, enlargement, demolition, or moving of, and excavation and grading for any mUltiple dwelling development intended for rental housing for persons of low and moderate income or for senior citizens, and which development is financed by any federal, state or City housing assistance program or owned by any non-profit organization, provided the Director of Planning determines that such development is in conformance with the General Plan and the Zoning Ordinance and provided a deed restriction is recorded restricting the development to such purpose. (c) Applications for approval of permits involving the rehabilitation or enlargement of existing dwelling units. (d) Applications for projects deemed complete on or before April 28, 1989. An application shall be deemed complete for purposes of this Ordinance within fifteen (15) days for subdivision maps and parcel maps, and thirty (30) days for all - 5 - .. . other permits, after the Planning Division receives a substantially complete application together with all information, reports, drawings, plans, filing fees, and any other materials and documents required by the appropriate application forms supplied by the City. If, within the specified time period, the Planning Division fails to advise the applicant in writing that his or her application is incomplete and to specify all additional information required to complete that application, the application shall automatically be deemed complete. An application is "substantially complete" if the missing information is supplied within two (2) working days of the City's request. (e) Applications for approval of permits involving the erection, construction, enlargement, demolition, or moving of, and excavation and grading for, projects which have been granted development permits by the Planning commission or Planning Division prior to April 28, 1989. (f) Applications for approval of permits involving the construction and excavation and grading for, projects where the following requirements are met. (1) The applicant owned the property or had entered into escrow for purchase of the property on or before May 9, 1989. (2) No structures were on the property on May 9, 1989. (3) If located in the R-3 District, the application meets the following development standards: - 6 - .. . (i) Maximum Building Height. Three stories, not to exceed 35 feet for a flat roof, or 40 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 height required for a flat roof. (ii) Maximum Unit Density. One dwelling unit for each 1250 square feet of parcel area. No more than one dwelling unit shall be permitted on a parcel of less than 4,000 square feet if a single family dwelling existed on the parcel on the effective date of this Chapter. (iii) Maximum Parcel Coverage. 50 percent. (iv) Minimum Lot Size. 5,000 square feet. Each parcel shall contain a minimum depth of 100 feet and a minimum width of 50 feet, except that parcels existing on the effective date of this Chapter are not subject to this requirement. (v) Front Yard Setback. 20 feet, or as shown on the Official Districting Map, whichever is greater. However, 25% of the front elevation up to 14 feet in height shall be set back an additional average of 5 feet and 30% of the front elevation above 14 feet in height shall be set back an additional average of 10 feet from the required front yard setback. (vi) Rear Yard Setback. 15 feet. (vii) Side Yard Setback. The side yard setback shall be determined in accordance with the following formula, except for lots of less than 50 feet in width for which - 7 - '. . the side yard shall be 10% of the parcel width but not less than 4 feet: 5' + ,(stories x lot width) 50' For any portion of the structure between 14 feet and 28 feet in height, an additional 4 foot average setback is required. For any portion of the structure between 29 feet and 38 feet, an additional 8 foot average setback from the minimum side yard setback is required. (viii) Landscaping. A minimum of 50% of the required front yard setback shall be landscaped. A minimum of 50% of both required side yard setbacks shall be landscaped. At least two 24t1 box trees shall be planted in the front yard. (ix) Private Open Space. For projects of 4 or 5 units, 150 square feet of private open space per unit shall be required. For projects of 6 units or more, 100 square feet of private open space per unit shall be required. (x) Development Review. A Development Review Permit is required for any development of more than 22,500 square feet of floor area. (4) If located in the R-4 District, the application meets the following development standards: (i) Maximum Buildinq Heiqht. Four stories, not to exceed 40 feet for a flat roof, or 45 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 height required for a flat roof. - 8 - '.' . (ii) Maximum Unit Density. One dwelling unit for each 900 square feet of parcel area. No more than one dwelling unit shall be permitted on a parcel of less than 4,000 square feet if a single family dwelling existed on the parcel on the effective date of this Chapter. (iii) Maximum Parcel Coverage. 50 percent. (iv) Minimum Lot Size. 5,000 square feet. Each parcel shall contain a minimum depth of 100 feet and a minimum width of 50 feet, except that parcels existing on the effective date of this Chapter are not subject to this requirement. (v) Front Yard Setback. 20 feet, or as shown on the Official Districting Map, whichever is greater. However, 25% of the front elevation up to 14 feet in height shall be set back an additional average of 5 feet and 30% of the front elevation above 14 feet in height shall be set back an additional average of 10 feet from the required front yard setback. (vi) Rear Yard Setback. 15 feet. (vii) Side Yard Setback. The side yard setback shall be determined in accordance with the following formula, except for lots of less than 50 feet in width for which the side yard shall be 10% of the parcel width but not less than 4 feet: 5' + (stories x lot width) 50' For any portion of the structure between 14 feet and 28 feet in height, an additional 4 foot average setback is required. For any portion of the structure between 29 feet and 38 feet, an - 9 - '. . addi tional 8 foot average setback from the minimum side yard setback is required. (viii) Landscapinq. A minimum of 50% of the required front yard setback shall be landscaped. A minimum of 50% of both required side yard setbacks shall be landscaped. At least two 24" box trees shall be planted in the front yard. (ix) Private open Space. For projects of 4 or 5 units, 150 square feet of private open space per unit shall be required. For projects of 6 units or more, 100 square feet of private open space per unit shall be required. (x) Development Review. A Development Review Permit is required for any development of more than 25,000 square feet of floor area. SECTION 4. This Ordinance shall be of no further force and effect ten months from its adoption, unless prior to that date, after a public hearing, noticed pursuant to Section 9131.5 of the Santa Monica Municipal Code, the City Council, by majority vote, extends the interim ordinance as provided by Section 9120.6 of the Santa Monica Municipal Code. SECTION 5. This ordinance is declared to be an urgency measure adopted pursuant to the provisions of section 9120.6 of the Santa Monica Municipal Code and section 615 of the Santa Monica City Charter. It is necessary for preserving the public peace, health and safety, and the urgency for its adoption is set forth in the findings above. - 10 - '. ~ . SECTION 6. Any provision of the Santa Monica Municipal , Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 7. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 8. The Mayor shall sign and the city Clerk shall attest to the passage of this ordinance. The city Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective upon adoption. APPROVED AS TO FORM: ~ "'" W~ __ R~BERT M. MYERS ~ Clty Attorney - - 11 - -. . . ~ Adopted and approved this 12th day of December, 1989. 909-, ((~ Q v . J Mayor I hereby certify that the foregoing Ordinance No. 1507(CCS) was duly and regularly introduced at a meeting of the city Council on the 12th day of December 1989; that the said ordinance was thereafter duly adopted at a meeting of the city council on the 12th day of December 1989 by the following Council vote: Ayes: Councilrnembers: Abdo, Finkel, Genser, Jennings, Mayor Zane Noes: Councilmembers: Katz, Reed Abstain: Councilmembers: None Absent: Councilmembers: None ATTEST: ,,!..tI-AJlMfJuJ' AsS, ~ty Clerk