SR-400-008-01 (12)
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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.
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DEe 1 2 1989
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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
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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
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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.
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(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
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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
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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
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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:
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(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
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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.
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(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
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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.
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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:
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R~BERT M. MYERS ~
Clty Attorney
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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