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SR-400-04 (11) PCD:AA:AS:JL:LBE F:\CityPlanning\Share\COUNCIL\STRPT\2005\R1modify ord 6-14.doc Council Mtg: June 14, 2005 Santa Monica, California TO: Mayor and City Council FROM: City Staff SUBJECT: Introduction and First Reading of an Interim Ordinance Modifying and Extending the Provisions of Interim Ordinance Number 2156 (CCS), Which Modifies the Development Standards and Application Process Requirements 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 modifying and extending until March 11, 2007 the provisions of Ordinance Number 2156 (CCS), which was adopted on March 22, 2005. Ordinance Number 2156 (CCS) will expire on August 31, 2005, unless extended. In addition to extending the current interim ordinance, the proposed ordinance would adjust certain provisions, including: a) exempting narrow and sub-standard lots from the combined 30% side yard setback requirement; b) replacing the Use Permit requirement for hillside lots with review by the Architectural Review Board; and c) allowing requests for two specific modifications that are currently available in the North of Montana R1 area. The subject interim ordinance extension is contained in Attachment A. BACKGROUND On February 25, 2003, the City Council adopted Interim Ordinance Number 2006 (CCS), which modified development standards in the Sunset Park and North of Wilshire 1 neighborhoods related to setbacks, stepbacks, parcel coverage and other standards in order to ensure that new single-family and accessory structures in these neighborhoods would be more compatible with the existing neighborhood scale. These standards were introduced to respond to neighborhood concerns regarding increased demolition of modest homes in favor of larger single-family dwellings for which the Code had only basic setback, lot coverage and height requirements. As a result, an increase in the amount of allowable new construction could significantly impact and drastically change the character of the neighborhood. The potential impacts that these developments might have include decreased light, air, and privacy, so interim provisions that dramatically reduce the allowable massing and bulk, similar to those prevailing in the area north of Montana Avenue, were adopted. The Council extended this ordinance by adopting Interim Ordinance Number 2067 (CCS) on March 11, 2003 and Interim Ordinance Number 2156 (CCS) on March 22, 2005. The Council adopted Ordinance Number 2156 (CCS) in March, but directed staff to return with recommendations to modify some of its provisions that may inadvertently impose development hardships on smaller parcels in the affected districts. DISCUSSION At the Council’s direction, staff invited local architects and neighborhood organization representatives affected by the interim ordinance provisions to meet and discuss ideas to provide more flexibility within the interim ordinance. The working group expressed concern 2 about designing adequately-sized rooms on narrower and smaller parcels under interim provisions, noting that current room size standards and client expectations are hard to accommodate on sub-standard lots, and that homeowners have expressed dissatisfaction with solutions that achieve the programmatic requirements of their projects by reducing the size of their backyards more than they had anticipated. For sub-standard lots, those less than 5,000 square feet, the need to extend the structure further into the rear yard to accommodate additional side setbacks further reduces usable back yard areas. Staff was asked to review proposals to make sure that any relief provided to smaller parcels in the form of setback reduction was really usable and not negated by parcel coverage restrictions. The group also discussed the Use Permit process for buildings on sloping lots, and generally agreed that the process needed clear criteria for discretionary approval to provide more certainty for homeowners. However, they also concurred that some compatibility review is beneficial pending development of permanent standards to reduce perceived building mass on sloping properties. There was discussion about providing additional flexibility by allowing ARB review of modification requests similar to those allowed north of Montana. Such flexibility was generally viewed positively by the group. Based on staff’s research and the above discussions, the following adjustments to Ordinance Number 2156 (CCS) are proposed. 3 Exceptions to the 30% combined minimum side yard setback The requirement to provide a combined 30% minimum side yard setback should be changed to require only a 10% minimum setback on each side, as per the Zoning Ordinance, under the following circumstances: ? New construction on parcels that are 45 feet wide or less (approximately 410 parcels or 11% of the 3,639 lots in affected area). ? Additions to existing homes that do not constitute substantial remodels on parcels less than 50 feet wide (to facilitate functional additions to existing structures). ? All projects on parcels below the minimum 5,000 square-foot lot size, (approximately 181 parcels or 5% of lots in the affected area). It is further recommended that all owners be allowed to seek a modification to the setback provisions through ARB approval, which is generally similar to the option currently provided to the R1 North of Montana area. Concerns regarding building mass on lots that qualify for side yard setback exceptions will be addressed through the interim ordinance’s parcel coverage limitations. Sloping Lots: Change from Use Permit to ARB review Although the Council did not specifically address this provision, staff heard from architects and neighbors that the Use Permit process was burdensome and expensive for hillside property owners. However, the surrounding neighbors’ desire to comment on compatibility issues based on bulk and massing of hillside homes remains. Council initially required the public hearing to allow this opportunity. 4 As an alternative to the Use Permit requirement for lots with slopes greater than 12.5 feet differential, review by the Architectural Review Board (ARB) should be considered. This shift is recommended for four reasons: 1) the issues involved in determining compatibility are related to architectural design and not to the use of the property as is more typical for use permits, 2) the ARB review fee (currently $955.97) is less than half of the $2,222.50 fee for a Use Permit; 3) ARB review time is approximately 6 weeks, with two monthly hearings, slightly less than the estimate of 8 weeks for ZA approval (one hearing per month); and, 4) this process allows the Planning Manager, who serves as Zoning Administrator to advise applicants when concerns arise as she would no longer act on these projects. Inability to bring concerns to the Planning Manager was cited as a concern at the Council hearing for Ordinance Number 2156 (CCS). This alternative is supported by the architects and neighborhood organization representatives staff consulted. Five Use Permit cases reviewed to date by the Zoning Administrator (ZA), have resulted in amended plans only in one circumstance. Most of the review considerations were related to perceived bulk that can be resolved with architectural adjustments best determined by the ARB with assistance from the design review staff. However, the ARB would not review these projects with respect to building style, color, materials and landscaping. Consistent with requirements for other ARB reviews in R1 areas, the noticing for sloping lot 5 reviews would include a mailing to a 300-foot radius of the exterior boundaries of the property. ARB hearings also require a newspaper announcement and site-posting. Additional opportunities for modification requests Interim ordinance Sub-section 2.7 (Architectural Review) includes a list of standards for which a modification may be requested subject to ARB approval. In addition to the recommendation to allow property owners of lots 50 feet wide or more to seek modification from the 30% total sideyard setback requirement, it is recommended that applicants also be given the opportunity to request a modification from the requirement to set back garage doors facing the public street five feet from the front setback line and limiting doors to 16 feet in width unless located in the rear 35 feet of the parcel. Both of these modifications are already available in the R1 area north of Montana. Option considered but not recommended One other option was presented to the working group related to parcel coverage for lots that are less than 5,000 square feet (the minimum lot size for the zone). While the Zoning Ordinance allows maximum lot coverage of 40% in the R1 zone, it allows up to 50% on lots less than 5,000 square feet in area. The interim ordinance allows 35% coverage on the first floor and 26% on the second floor for two-story homes, 50% coverage for one-story homes and no special provisions for smaller parcels. The working group evaluated whether parcel coverage for sub-standard lots should be 6 established proportionately to reflect the additional parcel coverage allowed for such lots in the Code. This would result in allowing 44% and 33% coverage (first & second floor respectively). However, the group’s consensus on this matter was that this additional parcel coverage was not necessary and that the 35% / 26% maximum provides opportunity for sufficiently large homes on these small lots and keeps them more compatible with the neighborhood. Therefore, staff does not recommend this modification. CEQA The proposed Ordinance is 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 ordinance does not have the potential to significantly impact the environment. Indeed, the proposed Ordinance serves to further protect the environment by ensuring that development projects are designed to be compatible with the surrounding neighborhood. 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. 7 RECOMMENDATION Staff recommends that the Council introduce for first reading the attached interim ordinance modifying and extending the provisions of Interim Ordinance Number 2156 until March 11, 2007. Prepared by: Andy Agle, Interim Director of Planning and Community Development Amanda Schachter, Planning Manager Jonathan Lait, AICP, Principal Planner Elizabeth Bar-El, AICP, Associate Planner Planning and Community Development Department Attachment: A: Proposed Emergency Interim Ordinance B. Public Notice 8 ATTACHMENT A Proposed Interim Ordinance 9 f:\atty\muni\laws\barry\R1sunset&NofW6-14-05-1.wpd City Council Meeting 6-14-05 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 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 10 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, 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. 11 (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. If urgent action is not taken, irreversible development activity would occur. (j) 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. (l) 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. (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 12 Ordinance Number 2067 (CCS) on March 11, 2003 and Ordinance Number 2156 (CCS) on March 22, 2005. However, that ordinance will expire on August 31, 2005, unless extended. (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 Ordinance Numbers 2066 (CCS), 2067 (CCS), 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 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 Element/Zoning Ordinance update. SECTION 2. Interim Zoning 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 13 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 : (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; 14 (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; 15 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. (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 16 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) 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. 17 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) Except as provided in subsection 6(j) 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. Additional Side Yard Setback. (j) 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 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 6(j) shall not apply under any of the following circumstances: 18 (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. Additional Side Stepbacks Above Fourteen Feet in (k) 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 (l) 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. 19 Front Yard Paving. (m) 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 (n) Height. The stepback requirements of subsections 6(f), 6(h), 6(k), and 6(l) 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. Driveways. (o) 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. (p) 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 20 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. (q) (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 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. (r) 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. 21 Second Floor Parcel Coverage. (s) 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. (t) 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. (u) 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. 22 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. (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 with a grade differential of 12.5 feet or more between the front and rear parcel lines. The Architectural Review Board may approve projects pursuant to this subsection 7(e) if the following finding of fact 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. (f) Any structure that does not comply with the requirements that garage doors facing the public street must be set back a 23 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. (g) Any structure on a parcel that is 50 feet or more in width that does not comply with subsection 6(j) of this Section. (h) The Architectural Review Board may approve the design modifications set forth in subsections 7(f) and 7(g) of 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 impact the 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 24 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 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. 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 after March 11, 2007, unless prior to that date, after a public hearing, noticed pursuant to Santa Monica 25 Municipal Code Section 9.04.20.22.050, the City Council, by majority vote, extends this interim ordinance. 26 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 27 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 28 ATTACHMENT B Public Notice 29 NOTICE OF A PUBLIC HEARING BEFORE THE SANTA MONICA CITY COUNCIL SUBJECT: PROPOSED INTERIM ORDINANCE MODIFYING AND EXTENDING INTERIM ORDINANCE 2156, WHICH MODIFIES DEVELOPMENT STANDARDS FOR PARCELS IN THE R-1 DISTRICTS LOCATED IN THE SUNSET PARK AND NORTH OF WILSHIRE NEIGHBORHOODS. The City Council will hold a public hearing to consider modifying and extending the provisions of (Interim) Ordinance 2156 (CCS) modifying the development standards and application process requirements for parcels in the R-1 Districts located in the Sunset Park and North of Wilshire neighborhoods. Proposed modifications include exempting from additional side yard setback requirements projects on parcels less than 45 feet wide and additions not requiring demolition permits on parcels more than 45 and less than 50 feet wide; shifting hillside parcel review from the Zoning Administrator to the Architectural Review Board (ARB); and providing opportunities to request modification from some property development standards subject to ARB approval. It is proposed that these standards be extended through March 2007. DATE/TIME: TUESDAY, JUNE 14, 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-El, AICP, at (310) 458-8341, or by e-mail at liz.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. 30 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 una noticia de una audiencia pública para revisar applicaciónes proponiendo desarrollo en Santa Monica. Si deseas más información, favor de llamar a Carmen Gutierrez en la División de Planificación al número (310) 458-8341. APPROVED AS TO FORM: ___________________________ AMANDA SCHACHTER Planning Manager F:\CityPlanning\Share\COUNCIL\STRPT\2005\R1modify ord 6-14.doc 31