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SR-09-26-2006-7C~I+ ~ity ~auncil Report ~ City of .SaRllta'1 1~TOIl1CiR~ City Council Meeting: September 26, 2006 Agenda Item: ~~ To: Mayor and City Council From: Andy Agle, Interim Director, Planning and Community Development Subject: Ordinance for Introduction and First Reading to Modify Santa Monica Municipal Code Sections 9.04.20.10.030, 9.04.10.02.450, 9.36.270, 9.32.170, and 9.56.030 to Allow for Modification of Development Standards and Implementation of lncentives for Projects that Include the Retention and Preservation of a Designated Landmark Building or Contributing Structure to an adopted Historic District. Recommended Action It is recommended that the City Council introduce for first reading an ordinance modifying Santa Monica Municipal Code (SMMC) Sections 9.04.20.10.030 (Variances), 9.04.10.02.450 (Project Design & Deve{opment Standards), 9.36.270 (Landmarks and Historic Districts), 9.32.170 (Architectural Review}, and 9.56.030 (Affordable Housing Production Program) to allow for modification of development standards and implementation of incentives for projects that inclucie the retention and preservation of a designated Landmark building or Contributing Structure to an adopted Historic District. Executive Summary The applicant, Fifth Street Condo Proj~ct LLC, 'r~as proposed a series of ordinance amendments to create a procedure for review of the requested modifications and to 1 provide specific incentives for the preservation of a designated historic resource on site (Attachment B). Specifically, the applicant has proposed a new discretionary review process through which the Zoning Administrator or Planning Commission may approve requested modifications to development standards for projects that include the retention and preservation of a designated Landmark structure or Contributing Structure to an adopted Historic District. The applicant has also proposed amendments to the Municipal Code to allow for the retention of an existing curb cut and front yard parking; a waiver from the Construction Rate Program; and to clarify that the Landmarks Commission has sole design review authority over changes to properties containing a Landmark structure. The proposed Ordinance (Attachment A) incorporating the amendments also reflects three staff recommended modifications that are discussed in greater detail in this report. The following key issues should be considered by the City Council in its review of the proposed Ordinance: 1) Consider whether the proposed Ordinance is consistent with the City's goals, as expressed in the City's Historic Preservation Element, to promote preservation of historic and cultural resources through incentives and technical assistance. 2) Evaluate whether the proposed Ordinance is consistent with the City's long- standing commitment articulated in both the Land Use Element and Housing 2 Element to facilitate the development of new housing, including affordable housing, in all residential neighborhoods, while still protecting the character and scale of neighborhoods. Discussion Backqround The applicant submitted a Zoning Ordinance Amendment application in conjunction with a Vesting Tentative Parcel Map and Use Permit Application to develop a project that includes on-site relocation of the Turn-of-the-Century Cottage (circa 1908) that was designated as a City Landmark in 2002 and the construction of three new condominium units behind it on the rear of the parcel at 954 5th Street. The proposed 954 5th Street project requires a variety of modifications to development standards including those which specify the maximum height, number of stories, and building volume and parcel coverage above 23'-0" and the 2nd story; minimum rear yard setback; projections into required front yard area; private open space accessibility; and the amount of unexcavated yards provided on site. Discussion & Analysis Proposed Ordinance Amendments The proposed Ordinance contains five amendments to the Santa Monica Municipal Code that would be applicable to projects that involve the retention and preservation of a designated Landmark building or Contributing Structure to an adopted Historic District. 3 SMMC Section 9.04.20.10 (Variances) As part of the applicant's Zoning Ordinance Amendment application, a Use Permit process was initially proposed as a new mechanism for evaluating requested modifications to development standards for projects that include the retention and preservation of a designated Landmark structure or Contributing Structure to an adopted Historic District. However, in lieu of a Use Permit process staff has proposed a Variance process to evaluate requested modifications. The applicant has not objected to the staff-recommended Variance procedure. The staff-proposed Variance process would allow an applicant to request modifications to development standards provided that nine provisions are met. These provisions are designed to ensure that the proposed project, with requested modifications, is consistent with key factors that help to retain neighborhood compatibility such as: maximum unit density, maximum height and number of stories permitted by the Land Use Element, provision of private open space, and provision of unexcavated yard area. In addition to these nine standards that must be met in order to request modifications to development standards, the proposed Variance process would allow the Zoning Administrator, or Planning Commission on appeal, to evaluate each project and approve, deny, or modify each requested modification as deemed necessary in order to make the required findings of fact. 4 Further, the Variance process requires that projects are proposed in a manner consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties in order to ensure that the important historic character of the existing designated resource is retained. By allowing applicants to request certain modifications to development standards for projects that retain designated resources, some of the key impediments to creating innovative designs that balance new development with preservation goals can be eliminated. The proposed Variance procedure creates a mechanism to evaluate such requests for modifications on a case by case basis in order to ensure that proposed projects are compatible with the surrounding neighborhood and appropriate for the site. The proposed amendment is also consistent with the Landmarks Commission's articulated support for creating tangible incentives for pro}ects that involve preservation of a designated historic resource, and demonstrates that designated City Landmarks and Contributing Structures to Historic Districts are significant resources that contribute to local neighborhood character and more broadly to the City's unique community identity. SMMC Section 9.04.10.02.450 (Project Design & Development Standards) The applicant proposes an amendment to allow projects that involve the preservation of a designated City Landmark or Contributing Structure to a Historic District to be exempt from the provisions of the Construction Rate Program. The Program specifies that for 5 Appropriateness, and the Architectural Review Board are not required for new construction on a parcel containing a designated Landmark building or on a parcel located within an adopted Historic District. As a matter of policy, and consistent with the City's permit processing procedures, duplicative design review is not recommended or practiced. These two proposed amendments recognize that the Landmarks Commission has specific expertise and familiarity with the Secretary of the Interior's Standards to evaluate proposed alterations to Landmark buildings and to evaluate new construction to ensure that no negative impacts to the existing designated resource are created. Further, this clarification to the Municipal Code serves to ensure a fair and predictable design review process for applicants, and is consistent with the City's current practice. SMMC 9.56.030 (Affordable Housing Production Program) In addition to the applicant's proposed modifications to the Zoning Ordinance, staff also proposes an amendment to the Affordable Housing Production Program to specify that an existing designated Landmark on site shall be exempt from the obligations established by SMMC Chapter 9.56. This exemption would only apply to new multi- family projects that include the on-site retention and preservation of a designated Landmark building or Contributing Structure to an adopted Historic District. The following is an example of how this proposed amendment would be applied: for a multi- family ownership project that involves the on-site retention and preservation of a designated Landmark residence and the construction of three new units on the parcel 7 resulting in a total of four multi-family ownership units, the existing designated Landmark residence would be exempt for the purposes of calculating the total number of multi-family ownership units subject to the obiigations of the Affordable Housing Production Program. In this example, there would a total of three multi-family ownership units subject to the obligations of the Affordable Housing Production Program instead of a total of four units. The currently proposed amendment to SMMC Chapter 9.56 is appropriate because the designated Landmark residence or Contributing Structure to an adopted Historic District would be an existing housing unit and would not represent new construction on site, and is consistent with the primary purpose of the proposed Ordinance which is to provide incentives to support innovative project designs that balance new development with the City's preservation goals. Further, this proposed amendment to the Affordable Housing Production Program is also consistent with the Landmarks Commission's ongoing recommendation to establish tangible incentives and policies that support the City's Historic Preservation Element. Planninq Commission Action At the June 21, 2006 hearing, the Planning Commission recommended that the City Council approve the proposed Zoning Ordinance amendments as modified by staff. During the public hearing, a member of the Landmarks Commission addressed the Planning Commission to express support for the proposed project and the concept of the ordinance amendment. The Planning Commission also received correspondence 8 from an adjacent property owner who expressed concerns about the height of the proposed new construction an site. A second letter was received from a Landmark property owner who expressed support for the proposed amendment. The Planning Commission fou~~d that the staff-proposed Zoning Ordinance amendments are consistent with the goals, objectives, policies specified in the adopted Land Use Element and Historic Preservation Element of the City of Santa Monica's General Plan. Specifically, the Commission found that the staff-proposed Variance procedure to be an appropriate incentive to support the preservation of designated resources that also balances the need to evaluate requests for modifications to development standards on a case-by-case basis in order to ensure that proposed projects are compatible with the surrounding neighborhood and appropriate for the site. The Commission also found that the scafe, massing, and design of the new construction at 954 5th Street to be compatible with the scale and character of the existing Landmark Cottage on site and the surrounding neighborhood. Finally, the Commission approved the Vesting Tentative Parcel Map and Variance for the proposed project, subject to Council approval of the pending Zoning Ordinance amendment. Finally, the Planning Commission concurred with staff's recommendation to not support an ordinance amendment to allow the Landmarks Commission to approve retention of existing curb cuts and to allow front yard parking when alley access is available in a multi-family zoning district for projects that retain a designated historic resource. 9 Accordingly, language proposing retention of existing curb cuts and front yard parking is not included in the Ordinance contained in Attachment A. The applicant has not filed an appeal of the Planning Commission's formal recommendation on this matter. The Planning Commission staff report can be found on-line at the following address: http://santa-monicaorg/planninq/d~vJcc~~r~mission/aqendas/pc2006/pa20060621.htm. The Planning Commission's Statement of Official Action can be found online at the following address: http://santa-monica.orq/planninq/dev/cc>rnmission/aqendas/pc2006/ps2006071907-C.htm Landmarks Commission Action The subject property at 954 5th Street w~s initially reviewed by the City's Landmarks Commission in September 2002 as a result of a pending demolition permit for all structures on the parcel. In December 2002, the Commission designated the primary residence on site (Turn-of-the-Century Cotfiage), excluded the rear structures from the Landmark designation, and concurrently approved the concept that the structure could be relocated within the front half of the property in conjunction with future development on site subject to approval of a Certificate of Appropriateness. Following Planning Commission's positive recommendation on staff-modified, proposed ordinance amendment language and approval of the Tentative Map and Variance associated with the proposed four-unit condominium project, the Landmarks Commission held a public hearing to consider the Certificate of Appropriateness 10 application for the project. In its action on July 1~, 2006, the Commission found that the plan for rehabilitation of the Cottage is consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties and that the design for the new construction on site is compatible with the existing historic resource and the surrounding neighborhood. Moreover, the Landmarks Commission noted that the proposed project would be a model project to promote both preservation of a Landmark structure while still allowing for new development on site. The Commission also expressed support for the retention of the existing curb cut surface parking adjacent to the Landmark Cottage. The Landmarks Commission also reiterated its support for the amendments that would allow for modifications to the Zoning Ordinance as an incentive for preserving historically significant properties in the City. This position is consistent with the Landmarks Commission's ongoing efforts ir~ this area. One area of special interest to the Commission has been support for the creation of more incentives to facilitate implementation of the Historic Preservation Program and the inclusion of procedures that would provide more flexibility with respect to the application of development standards in the current and forthcoming Zoning and Landmarks Ordinances. In support of this effort, an ad-hoc Committee of Landmarks Commissioners has been actively engaged in the Shape the Future 2025 Project since 2004 in order to develop recommendations for incorporation into the forthcoming Land Use Element and Zoning Ordinance. The Landmarks Commission staff report c~ri be found on-line at the following address: '1 1 http://santa-monica.orq/planning/I~ndrnark/aqendas/2006/OIca07102006.htm. The Landmarks Commission's Statement of Official Action for the proposed project is also included as Attachment D. General Plan Consistency The proposed amendments are consist~nt in principle with the goals, objectives, policies, land uses, and programs specified in the adopted Land Use Element, Historic Preservation Element, and Housing Element of the City of Santa Monica's General Plan. Land Use Efement Policy 1.10.1 encourages the development of new housing in all residential neighborhoods, while still protecting the character and scale of neighborhoods. The proposed Ordinance is consistent with this policy in that it would allow new residential units to be constructed while still providing incentives to support the on-site retention of an existing historic resource that contributes to the character of the surrounding neighborhood. Land Use Element Policy 3.1.3 encourages the retention of historic and architecturally significant resources and states that the design of new buildings should respect the character of nearby historic resources. The proposed Variance procedure specified in the draft Ordinance is consistent with Policy 3.1.3 because it incorporates a requirement that projects to be designed in accordance with the Secretary of the Interior's Standards ~I 2 for the Treatment of Historic Properties, which specifies that any new construction on site shall be compatible with the historic resource while not duplicating its design. Goal 3 of the Historic Preservation Element calls for an increase in public awareness of the history of Santa Monica and historic preservation in the City. The proposed Ordinance supports this goal by providing incentives to retain on site historically significant structures, thereby allowing them to continue to exemplify important elements of Santa Monica's history. Goal 5 of the Historic Preservatian Element encourages the promotion of preservation of historic and cultural resources tf~rough incentives and technical assistance. The proposed Ordinance provides several key incentives for projects that retain and preserve designated historic resources. These incentives include the creation of a discretionary review process to evaluate requested modifications to development standards in order to facilitate retention of character-defining features of the structure while still allowing for new construction on site. The Ordinance also proposes incentives such as an exemption from the construction rate program and an exemption of the existing residence for the purposes of calculating the project's affordable housing production program obligation in order to h~lp promote and facilitate the retention and preservation of designated historic resources in tne community. Housing Element Policy 1.3 calls for the establishment and maintenance of development standards that support housing development while protecting quality of life 13 goals. Housing Element Policy 1.7 encourages the maintenance of development standards that ensure that the development of new housing in residential neighborhoods is designed to fit within the existing neighborhood context. Housing Element Goal 4.0 encourages the rehabilitation and continued maintenance of existing housing and Policy 4.3 calls for the rehabilitation of existing housing to address the health and safety needs of residents while respecting the character of the structure. The proposed Ordinance supports these Housing Element goals and policies by providing a mechanism to promote the production of new housing in residential districts while also establishing a process to evaluate requested modifications to development standards that would help to facilitate the preservation, rehabilitation and retention of existing historic resources that contribute to neighbor character. The general welfare of the City is enhanced when the development of new housing in residential neighborhoods is encouraged, while still protecting the character and scale of neighborhoods. The proposed Ordinance serves as an important catalyst to allow for both the construction of new housing and the on-site preservation and retention of designated City Landmarks and Contributing Structures to Historic Districts that enhance the surrounding neighborhood and contribute more broadly to the City's unique community identity. Environmental Analysis The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Class 5 Section 15331 of the State CEQA Guidelines. Class 5 14 consists of minor alterations in land use limitations in area with an average slope of less than 20%, which do not result in any changes in land use or density. The applicant proposes a Text Amendment to permit modifications to development standards subject to a discretionary review process when the praject includes preservation of a Landmark building or Contributing Structure to an adopted Historic District. Alternatives In addition to the recommended action, the Council may: 1) Adopt the proposed Ordinance with modified text language and findings; 2) Direct staff to return with a revised Ordinance with modified text language based on Council's direction; or 3) Disapprove the proposed Ordinance. BudgetlFinancial Impact The recommendation presented in this report does not have any budget or financial impact. Prepared by; Roxanne Tanemori, Associate Planner Approved: ~Agle ~~ Interim Director, Planning and Community Development Forwa~ed to Council: i P. a ont Ewell C anager 15 Attachments: A. Proposed Ordinance 6. Staff-Proposed Text Amendments C. Applicant-Proposed Text Amendments D. Landmarks Commission Statement of Official Action, July 10, 2006 E. Correspondence Received Regarding the Proposed Text Amendment F. Planning Commission Staff Report dated June 21, 2Q06, Item 9-C 16 ATTACHMENT A Proposed Ordinance 17 f:\atty\muni\laws\barryllandmarkstandards.doc City Council Meeting 9-26-06 Santa Monica, California ORDINANCE NUMBER (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 9.04.20.10.030, 9.04.10.02.450, 9.36.270, 9.32.170, AND 9.56.030 TO ALLOW FOR MODIFICATION OF DEVELOPMENT STANDARDS AND IMPLEMENTATION OF INCENTIVES FOR PROJECTS THAT INCLUDE THE RETENTION AND PRESERVATION OF A DESIGNATED LANDMARK BUILDING OR CONTRIBUTING STRUCTURE TO AN ADOPTED HISTORIC DISTRICT WHEREAS, on May 12, 2005, the owner of the property at 954 5th Street submitted a proposed text amendment application in conjunction with a vesting tentative parcel map and use permit application to develop a project that includes the on-site relocation of a residence that was designated a City Landmark in 2002 and the construction of three new condominium units behind the residence on the rear of the parcel; and WHEREAS, the proposed text amendment would be applicable to projects that involve the retention and preservation of a designated landmark or contributing structure to an adopted historic district and would, in part, allow an applicant to request modifications to development standards through a variance procedure which would be subject to specified standards and parameters; and 1 WHEREAS, review of this application would ensure that the proposed project, with the requested modifications, is consistent with key development standards that ensure retention of neighborhood compatibility such as maximum unit density, maximum height, number of stories, provision of private open space, and provision of unexcavated yard area; and WHEREAS, the proposed text amendment would also ensure that projects are undertaken consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties so that the important historic character of the resource is retained; and WHEREAS, the proposed text amendment would eliminate some of the key impediments to innovative designs that balance new development with preservation goals; and WHEREAS, the proposed variance process would also allow the Zoning Administrator, or Planning Commission on appeal, to evaluate each project and approve, deny, or modify the request as necessary to make the required findings of fact; and WHEREAS, the proposed text amendment would also exempt such projects from the Construction Rate Program, clarify that the Landmarks Commission has sole regulatory authority over design review of these projects and clarify that the retained historic structure shall not be considered for purposes of assessing any of the obligations that an applicant might have under the Affordable Housing Production Program; and 2 WHEREAS, the Planning Commission considered the proposed zoning text amendment at a public hearing on June 21, 2006; and WHEREAS, the Planning Commission recommended that the City Council approve the request as modified by staff; and WHEREAS, the proposed text amendment has also been reviewed and supported by the Landmarks Commission in that it is consistent with the Commission's articulated support for providing incentives for projects that involve the preservation of historic resources; and WHEREAS, the City Council held a public hearing on this proposed text amendment on September 26, 2006; and WHEREAS, the proposed amendment is consistent in principle with the goals, objectives, policies, land uses and programs specified in the adopted General Plan, specifically Land Use Element Policy 1.10.1 which encourages the development of new housing in all residential neighborhoods, while still protecting the character and scale of neighborhoods in that new residential units are proposed along with the retention of an existing historic resource that contributes to the character of the surrounding neighborhood; Land Use Element Policy 3.1.3 which encourages the retention of historic and architecturally significant resources and provides that the design of new buildings should respect the character of nearby historic resources in that the retention and preservation of the historic resource is proposed and the new construction is designed to be compatible with the historic resource on site while not duplicating its design; Goals 3 and 5 of the Historic Preservation Element which calls for an increase public awareness of the history of Santa Monica and historic preservation in the City 3 and which encourages the promotion of preservation of historic and cultural resources through incentives and technical assistance; Housing Element Policy 1.3 which encourages the establishment and maintenance of development standards that support housing development while protecting quality of life goals; Housing Element Policy 1.7 which encourages the maintenance of development standards that ensure that the development of new housing in residential neighborhoods is designed to fit within the existing neighborhood context; Housing Element Goal 4.0 which encourages the rehabilitation and continued maintenance of existing housing; and Housing Element Policy 4.3 which encourages the rehabilitation of existing housing to address the health and safety needs of residents while respecting the character of the retained structure; and WHEREAS, the public health, safety, and general welfare require the adoption of the proposed amendment in that the proposed text amendment serves as an important catalyst to allow for both the construction of new housing and the on-site preservation and retention of designated City landmarks and contributing structures to historic districts that will enhance the surrounding neighborhoods and contribute to the City's unique community identity and in that by allowing applicants to request certain modifications to development standards for projects that retain designated historic resources, some of the key impediments to creating innovative designs that balance new development with preservation goals can be eliminated, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: 4 SECTION 1. Santa Monica Municipal Code Section 9.04.20.10.30 is hereby amended to read as follows: Section 9.04.20.'l0.030. Applicability. The Zoning Administrator may grant a variance from the requirements of this Chapter to: (a) Allow the modification of the minimum lot sizes or minimum parcel dimensions; (b) Allow the modification of the number and dimensions of automobile parking spaces, loading spaces and driveway requirements including those set by performance standards, use permit special standards, special conditions for conditional uses, regulations of the various zoning districts, the off-street parking requirements and the off-street loading requirements; (c) Allow the modification of fence heights; (d) Allow the modification of yard setbacks or parcel coverage on: (1) Parcels having a depth of ninety feet or less or a width of thirty-nine feet or less, 5 (2) Nonrectitinear parcels or rectangular parcels on which parallel property lines differ in length a minimum of five feet, (3) Parcels with a twelve-and-one-half-foot grade differential or more, as measured from either any point on the front parcel line to any point on the rear parcel line, or from any point on a side parcel line to any point on the opposing side parcel line, (4) Additions to the same floor of an existing building which is nonconforming as to yard setbacks, where such addition follows the line of the existing building but in no case is closer than four feet to a property line, (5) Parcels in the CM District on which relocated structures that are identified on the Historical Resources Survey as having a value of 1 through 5D or which are determined to be historically significant by the Landmarks Commission are located. A variance may apply only to the relocated structure; (e) For projects conforming to State density bonus guidelines, allow encroachment into no more than fifteen percent of one side yard setback, and into fifteen percent of either the front or rear yard setback, and, except in those 6 zones where an increase in parcel coverage for State density bonus projects is already permitted, aNow an increase in parcel coverage by no more than ten percent of parcel area. In no case shall a rear yard setback of less than five feet be allowed; (fl Allow buildings to exceed district height limits by no more than five feet in one of the following situations: (1) If a parcel has a grade differential of twelve and one-half feet or more, as measured from either any point on the front parcel line to any point on the rear parcel line, or from any point on a side parcel line to any point on the opposing side parcel line, (2) To allow an addition to an existing structure that is legally nonconforming as to height provided the addition does not exceed the height line of the existing building; (g) Allow an addition to an existing building that is legally nonconforming as to height provided all of the following criteria are met: (1) The addition does not exceed the height line of the existing buifding, 7 (2) The addition does not exceed two percent of the total floor area of the building, (3) The addition does not increase lot coverage or the overall footprint of the building, (4) The addition does not increase the density or number of inhabitants or increase the intensity of use of the building, (5) The addition otherwise conforms to the regulations of the district in which it is located, (6) There is no feasible alternative method of attaining the desired use, (7) There is no substantial adverse impact to adjacent buildings, existing streetscape, privacy, nor significant increases to the mass and bulk of the building; (h) Allow the replacement of an existing residential building in an OP District that is legally nonconforming as to height where the parcel has a grade differential of twelve and one-half feet or more, as measured from either any point on the front parcel line to any point on the rear parcel tine, or from any point on a side parcel line to any point on the 8 opposing side parcel line provided the following criteria are met: (1) The replacement structure does not exceed the height line of the existing building, (2) The replacement structures does not increase ~the density or square footage beyond the existing structure or increase the intensity of use of the building, (3) The replacement structure otherwise conforms to the regulation of the district in which it is located, (4) There is no substantial adverse impact to adjacent buildings, existing streetscape, privacy, nor significant increases to the mass and bulk of the building; (i) Allow the modification of the required front yard setback to allow, in the case of existing development, a detached garage provided all of the following criteria are met: (1) The lot is less than one hundred feet in depth, (2) The on-site use is a single family dwelling, (3) No alley access is available to the site; 9 (j) Allow the modification of the side yard setback for primary windows in the OP-2, OP-3 and OP-4 Districts when the imposition of the required setback would severely constrain development on the project, an alternative setback would still satisfy private open space requirements and maintain privacy for the occupants of the project; (k) Allow an additional story which would otherwise not be permitted for an existing residential structure provided all of the following criteria are met: (1) The existing structure has a finished first floor level that is more than three feet above average natural grade or theoretical grade, (2) The street frontage and overall massing are compatible with the existing scale and neighborhood context, (3) The addition does not enlarge the first floor of the existing residence such that a nonconforming condition is expanded, (4) The overall height of the structure with the additional story does not exceed the height limit in feet of the zoning district in which it is located unless authorized by a variance granted pursuant to subsections (fl(1) or (fl(2) of 10 this Section for a structure located in the R1, R2R, OP1 or OP2 zoning districts, which variance may be granted concurrently with a variance authorized pursuant to this subsection (k), (5) The addition otherwise conforms to the regulations of the district in which it is located; (I) Allow the modification, renovation, or replacement of nonconforming building access features such as stairs, ramps, doors, balconies, and windows, or features that provide shelter and which are located at the exterior of the buildings, such as awnings, canopies, or covered walkways, provided: (1) The modification, renovation or replacement is no more intrusive than, and does not intensify or expand such existing nonconforming features, and (2) The modification, renovation or replacement either improves access to the building or improves the building's aesthetic appearance. (m) Allow the modification of maximum building height; maximum number of stories; required setbacks; maximum parcel coverage and buildinq envelope 11 requirements; permitted buildinq height prolections; permitted projections in required vard areas; access to private open space; and provision of unexcavated yard areas contained in this Chapter for projects that include the retention and preservation of a desi~nated Landmark building or Contributinq Structure to an adopted Historic District, provided that all of the following conditions are met and all of the findinqs of fact contained in Section 9.04:20.10.050 are made: (1) The proposed proiect conforms to the Secretarv of the Interior's Standards for the Treatment of Historic Properties. (2) The proposed project conforms to the allowable land uses permitted in the applicable Zoninq District. ~3i) The proposed project does not exceed the maximum unit densitv permitted in the applicable Zoning District. ~4) The proposed proLect does not exceed the heiqht permitted in the Land Use Element of the General Plan for the applicable Land Use Classification. 12 (5) The proposed proiect does not exceed the maximum height permitted in the applicable Zoning District by more than ten (10) feet. (6) The proposed proiect does not exceed the maximum number of stories permitted in the Land Use Element of the General Plan for the a~plicable Land Use Glassification and does not exceed the maximum number of stories permitted in the applicable Zoning District bv more than one (1) storLr. (7~ Covered front porches and stairs of a desianated Landmark buildina or Contributina Structure to an adopted Historic District may project a maximum of 12'-0" into the required front yard setback area provided that the buildinq fa~ade com~lies with the front yard setback reauirement in the applicable Zoning District. (8} The oniy requirement related to the provision of private open space that can be modified is the requirement that private open space be adiacent to and accessible from, and at the same approximate elevation, as the primary ~ace of the dwellinq unit. 'I 3 (9) Requirements for the provision of unexcavated area in vard areas may only be modified when the strict application of such requirements would not allow for the preservation of the Landmark buildinclor Contributinq Structure to an adopted Historic District. SECTION 2.Santa Monica Municipal Code Section 9.04.10.02.450 is hereby amended to read as follows: Section 9.04.10.02.450. Construction rate program. (a) For projects involving the new construction or substantial remodel of two or more dwelling units in all multi- family residential districts in the City for which a development application was deemed complete on or after March 7, 2000, only one such construction project shall be allowed within a five hundred foot radius of another construction project subject to this Section. Except as provided in subsection (c) of this Section, this restriction shall apply for fifteen months after issuance of a building permit, after which time another project may begin construction in the defined area. The multi-family residential districts in the City are: R2R, R2, R3, R4, RVC, RMH, OP-Duplex, OP2, OP3, OP4, NW-Overlay, BR Boulevard Residential R3 Overlay, R2B, and R3R. 14 (b) Building permits shall be provided on a first come first served basis in accordance with the terms of this Section. No application for a building permit shall be accepted for filing or otherwise processed by the Building and Safety Division unless the applicant provides documentation on forms provided by the City that the project has received all other City or State approvals or permits necessary to commence the project, with the exception of building and sewer allocation permits. (c) During the plan-check process, the Building and Safety Division shall determine the status of other building permits for projects in the area. A building permit shall not be issued when the Building Officer determines that a building permit has been issued in the previous fifteen months for any other project within a five hundred foot radius of the subject property unless the owner of the previously permitted project has formally relinquished the building permit for that project or obtained a certificate of occupancy for the project. (d) If the Building Officer determines that another building permit has been issued less than fifteen months prior to the date on which the building permit has received all plan-check approvals and the exceptions specified in subsections (c) and (e) do not apply, the Building Officer 15 shall place the project on a waiting list in order of the date and time of day that the permit application received all plan- check approvals. The life of other City approvals or permits necessary to commence the project shall be automatically extended by the amount of time that a project remains on the waiting list. The Building Officer shall approve the project in accordance with the Uniform Technical Code in effect at the time of the plan-check. (e) The following projects shall be exempt from this Section: (~) Affordable housing projects in which one hundred percent of the units will be deed-restricted for very low, low, middle, and/or moderate income housing. (2) Structures identified by the Building and Safety Division as unreinforced masonry construction and subject to City-mandated seismic upgrading. (3) Projects to be developed on a site that is vacant. (4) Projects to be developed on a site in which either: (a) the structures on the site are uninhabitable, not as a result of the owner' s failure to maintain the structure, or the property of which the structure is a part, in good repair, 16 and the structures cannot be rendered habitabie in an economically feasible manner or (b) the current use of the property is not otherwise economically viable. The City shall prepare an exemption application form which delineates all submission requirements. An owner shall not be required to file a project application with the exemption application. City staff shall make a final determination whether a project meets the requirements of this subdivision within ninety days after the owner's exemption application for the project is deemed complete. ~~~_ -P_r~j~cts ti~~t ic~c:,l~~dc tr~~ retentiran and ~r~~urvation of ~ desi~n~ted L~ndmark b~iilciinc~r Cor~trik~uti~Strixcture to ~n adapted Hisforic District. p~ ov~ci~d th~t a variance has been obtained pursuant to S~nt~ Manic~ Nlur~ic;i~aal C~de Section 9.04.2U.10.Q3Q(n~). (~ The Planning and Community Development ~ Department may develop administrative guidelines implementing this Section. SECTION 3.Santa Monica Municipal Code Section 9.36.270 is hereby amended to read as follows: Section 9.36.270. Preservation incentives. 17 (a) Architectural Review Exemption. AIi--~~+e-~~res ~es+~~~!- ~s-~~+~a~~-~d-a+~y-ca~~~~+~ag-~3t~~+l~~+ra~-ar s~t~e-~~+~e ~+t~a-i~-~--k#+s~~r-i~-Qis~~+c-~-t~~#-~eq~+r~~-a-c-er~+#+~~e-e# ~{~pr~~p~~a~Eness-sk~-~!!-~e ~x~apt~ro~~-fevi~-~~-~k~e ~~e~+t~r:t~+F~l-~~~+~w- Q~ ~ r~ :~k~ -L--~~+d~~ r#~ s-~ar~~+~saa+~ ~a~ ~~~~r ~{~-~~a~fi~-~~-~~+~:-,~~c~E#e~t~~~~-~e~+e~v-~o~r~-€o~ ~~r~}~e~+~-Pravided th~t_a Certificate of A~propri~teness is obt~inec~ fr~E~r~_thF. l_andm~rks Car7~mission~fhe foilowinq ~~.ojects sh~ll k~e ~xct~r~pt from__review by the Architectur~l Review Bo~r~J: ~1 ~All work to a des~~i~d Landm~rk b~ailc~ir~ or GaritribuYir~c _Str~ic~ure to_~~t~_ac~o~~tec~_ Nistoric Qistrict: and (2~ _ F~I~ _Acic~itions tc~,_ madificatiar~s c>f~alterations_of, or r~~w_con~truction_on__~ L.and«~ark P~rc;ef or ~arcel containing a Con~tributinc,~Structure t~ an adoptec~ Nistoric District. The ~andrnarks Commission ma~refer anv af these m~tterv; tr.r t1~~~ ~rc};it~ctural Revie~v Board for cammer7t. (b) Building Permit and Planning Application Fees. All building permit and planning fees for Administrative Approval applications shall be waived for designated Landmarks, or contributing structures located in a Historic District. 18 (c) Certificates of Appropriateness/Administrative Approval Fees. All certificate of appropriateness and certificate of administrative approval fees for any alteration, restoration or construction, in whole or in part, to a designated Landmark or to a contributing structure located in a Historic District shall be waived. (d) Any parking incentives permitted by the Zoning Ordinance. (e) Streetscape Improvements in Historic Districts. Whenever streetscape improvements are proposed by the City in areas that are designated Historic Districts, the City shall consider the use of materials, landscaping, light standards and signage that are compatible with the area's historic and architectural character. (~ State Historical Building Code. The California State Historical Building Code (Title 24, Part 8, California Administrative Code) shall be applied to alterations to designated Structures of Merit, Landmarks, and contributing structures located in Historic Districts. (g) Historical Property Contracts. Designated Structures of Merit, Landmarks and contributing structures located in Historic Districts that are privately owned shall be 19 considered qualified historical properties eligible for historical property contracts submitted or entered into, pursuant to the provisions of Article 12, commencing with Section 50280, Chapter 1, Part 1, Division 1, Title 5, of the Caiifornia Government Code upon resolution approval by the City Council. (h) Plan Check Processing. Structures designated as Landmarks or Contributing Buildings or Structures to a Historic District shall receive priority Building Division plan check processing. SECTION 4.Santa Monica Municipal Code Section 9.32.170 is hereby amended to read as follows: Section 9.32.170. Architectural review district boundaries. Pursuant to Section 9.32.110 of the Santa Monica Municipal Code, an architectural review district is hereby established. Said architectural review district shall be composed of all commercial, industrial and residential areas within the corporate boundaries of the City, with the exception of those areas designated as R-1 Districts by Article 9 of the Santa Monica Municipal Code, and those structures for which a c~rtificate c~f a~~rc~~riateness is 20 ot~tained from the L.a~7dr~arks Commission (ar Citv Cauncil oi~_~~~e~~9~ d~~s~c~r~~~~~-~-~;~~~~ks~er-~~f~~r+b~#++~ ~tr=t~c~Ea;~~-w+tl~i~~-k~i~~r~~~c,--D+~tr-i~~s-pursuant to Chapter 69.36 of the Santa Monica Municipal Code. Non-contributing structures located within Historic Districts shall be subject to architectural review unless otherwise exempted by the ordinance that establishes procedures for the alteration of structures within the Historic District. Single-family structures, including accessory structures, in all districts in the City are also exempt from Architectural Review Board district boundaries. SECTION 5.Santa Monica Municipal Code Section 9.56.030 is hereby amended to read as follows: Section 9.56.030. Applicability of chapter. (a) The obligations established by this Chapter shall apply to each multi-family project for which a development application was determined complete on or after May 25, 2006 involving the construction of two or more market rate units. No building permit shall be issued for any multi-family project unless such construction has been approved in accordance with the standards and procedures provided for by this Chapter. 21 (b) Multi-family projects for which a development application was determined completed prior to May 25, 2006 shall be subject to the provisions of Santa Monica Municipal Code Section 9.56.01 Q et seq., as they existed on the date the application for the project was determined complete. c) A desi~n~tecl Lanc~mark buil~ina ~r Contrik~uti L~lri.icture to ~r7 ~c~opteci Historic. District that is retained and ~reserved on-site as part of a multi-family project shall not be considered or included in assessing anY af the re uirements under this t~ha~ter. 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, is hereby repealed or modified to that extent necessary to effect 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 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. 22 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 30 days from its adoption. APPROVED AS TO FORM: M R A JONE OUTRIE City Attorney 23 ATTACHMENT B Staff-Proposed Text Amendments 18 Attachment B Staff-Proposed Text Amendments SMMC Section 9.04.20.10 Variances SMMC Section 9.04.20.10.30 Applicability. The Zoning Administrator may grant a variance from the requirements of this Chapter to: ~m) Allow modification to maximum buildinq heiqht; maximum number of stories; required setbacks; maximum parcel coveraqe and buildinq envelope requirements; permitted buildinq height proiections; permitted projections in required vard areas; access to private open space; and provision of unexcavated vard areas for proiects that include the retention and preservation of a desiqnated Landmark buildinq or Contributing Structure to an adopted Historic District, provided that all of the followinq are met and subiect to the findinqs of fact contained in SMMC 9.04.20.10.050: (1) Proposed project conforms to the current Secretary of the Interior's Standards for the Treatment of Historic Properties. (2) Proposed project conforms to the allowable land uses permitted in the applicable Zoning District. (3) Proposed proiect does not exceed the maximum unit densi~ permitted in the applicable Zoninq District. (4) Proposed qroiect does not exceed the heiqht permitted in the current Land Use Element of the General Plan for the applicable Land Use Classification. (5) Proposed proiect does not exceed the maximum height permitted in the applicable Zoninq District by more than ten (10) feet. (6) Proposed proiect does not exceed the maximum number of stories permitted in the Land Use Element of the General Plan for the applicable Land Use Classification and in the applicable Zoning District by more than one (1) storY (7) Covered front porches and stairs of a desiqnated Landmark buildinq or Contributing Structure to an adopted Historic District mav prolect into the required front vard setback area a maximum of 12'-0" provided that the building fa~ade complies with the front yard setback requirement in the applicable Zoninq District. (8) The only requirement related to the provision of private open space that can be modified is the requirement that private open space be adiacent to and 19 accessible from, and at the same approximate elevation, as the primary space of the dwellinq unit. (9) Requirements for the provision of unexcavated area in vard areas may be modified onlv when the strict application of such requirements would not allow for the preservation of the Landmark buildinq or Contributinq Structure to an adopted Historic District. SMMC Section 9.04.10 Project Design & Development Standards SMMC Section 9.04.10.02.450 (e) Construction Rate Program. (e) The following projects shall be exempt from this Section: (5) Proiects that include the retention and preservation of a designated Landmark buildinq or Contributinq Structure to an adopted Historic District, provided that a Variance has been obtained pursuant to Santa Monica Municipal Code Section 9.04.20.10.030(m). SMMC 9.36 Landmarks and Historic Districts SMMC 9.36.270 Preservation Incentives. (a) Architectural Review Exemption. ~~: Provided that a Certificate of Appropriateness is obtained from the Landmarks Commission, the following proiects shall be exempt from review b~ Architectural Review Board: (i) All work to a desiqnated Landmark buildinq or Contributing Structure to an adoqted Historic District; and (ii) All additions to modifications of alterations of or new construction on a Landmark Parcel or parcel containinq a Contributing Structure to an adopted Historic District. The Landmarks Commission may refer any of these matters to the Architectural Review Board for comment. 20 SMMC 9.32 Architectural Review Section 9.32.170 Architectural Review District Boundaries. Pursuant to Section 9.32.110 of the Santa Monica Municipal Code, an architectural review district is hereby established. Said architectural review district shall be composed of all commercial, industrial and residential areas within the corporate boundaries of the City, with the exception of those areas designated as R-1 Districts by Article 9 of the Santa Monica Municipal Code, and those structures for which a certificate of appropriateness is obtained from the Landmarks Commission (or City Council on a eal pursuant to Chapter 9_36 of the Santa Monica Municipal Code. Non-contributing structures located within Historic Districts shafl be subject to architectural review unless otherwise exempted by the ordinance that establishes procedures for the alteration of structures within the Historic District. Single-family structures, including accessory structures, in all districts in the City are also exempt from Architectural Review Board district boundaries. SMMC 9.56 Affordable Housing Production Program SMMC Section 9.56.030 Applicability of chapter. (c) A desiqnated Landmark buildinq or Contributinq Structure to an adopted Historic District that is retained and preserved on-site as part of a multi-family prolect shall not be considered or included in assessinq any of the requirements under this Chapter. 21 ATTACHMENT C Applicant-Proposed Text Amendments 22 Attachment C Applicant-Proposed Text Amendments PROPOSED NEW CODE SECTION: Section 9.04.10.02.500. RESIDENTIAL DEVELOPMENT PRESERVING A LANDMARK. For new multi-family residential projects involving the preservation of an officially-designated landmark, a use permit shall be obtained if the project does not meet all of the objective development standards set forth in the Zoning Ordinance for the zone in which the property is located. This provision shall authorize, but not obligate, the applicable City decision-making body to modify the objective development standards otherwise applicable to the project; provided, however, that the project (including the existing landmark to be preserved on the site): (i) shall not exceed the maximum unit density allowed in the zone, (ii) shall provide at least the number of parking spaces required by the code (unless a parking variance or reduced parking permit is granted), and (iii) shall not exceed the maximum total floor area that would be allowed for a theoretical new conforming project that could otherwise be constructed on the project site (assuming such project were to fully comply with the objective deveiopment standards for the zone in which the project is located, including lot coverage, height, number of stories, setbacks and building volume envelope), calculated as if there were no landmark building to be preserved on the site. In no event shall the height of the new project exceed the maximum height (in feet) allowed by the Land Use Element for the project site, and in no event shall the total resulting floor area (including the landmark building to be preserved) exceed the theoretical maximum floor area calculated as described above. PROPOSED NEW CODE SECTION: Section 9.04.10.08. finsert headinql . Notwithstanding Municipal Code Sections 7.24.050, 7.04.180, 9.04.10.08.080 and 9.04.10.08.190, and any other similar provisions of the Municipal Code, projects involving the preservation of a landmarked building in the multi-family zoning districts shall be allowed to retain existing curb cuts and existing parking in the front yard provided such existing conditions are deemed appropriate by the Landmarks Commission, or the City Council on appeal, when considering a Certificate of Appropriateness for the project. 23 PROPOSED AMENDED CODE SECTION: Section 9.04.10.02.450. CONSTRUCTION RATE PROGRAM. (e) The following projects shall be exempt from this Section: (5) Projects involving the preservation of a designated landmark. PROPOSED ARCHITECTURAL REVIEW ORDINANCE AMENDMENT Section 9.32.170 Architectural review district boundaries. Pursuant to Section 9.32.110 of the Santa Monica Municipal Code, an architectural review district is hereby established. Said architectural review district shall be composed of all commercial, industrial and residential areas within the corporate boundaries of the City, with the exception of those areas designated as R-1 Districts by Article 9 of the Santa Monica Municipal Code, and those structures for which a certificate of appropriateness is obtained from the Landmarks Commission (or City Council on appeal) pursuant to Chapter 9.36 of the Santa Monica Municipal Code. Non-contributing structures located within Historic Districts shall be subject to architectural review unless otherwise exempted by the ordinance that establishes procedures for the alteration of structures within the Historic District. Single-family structures, including accessory structures, in all districts in the City are also exempt from Architectural Review Board district boundaries. PROPOSED LANDMARKS AND HISTORIC DISTRICT ORDINANCE AMENDMENT Section 9.36.270 Preservation incentives. (a) Architectural Review Exemption. Provided a certificate of appropriateness is obtained from the Landmarks Commission, the following projects shall be exempt from review by the Architectural Review Board: (i) all physical work to structures designated as Landmarks, (ii) all additions to, modifications of, alterations of or new development on a Landmark Parcel, and 24 (iii) any contributing building or structure within a Historic District. The Landmarks Commission may refer any of these matters to the Architectural Review Board for comment. 1891 /docs/TextAmendment.4002.k1k 25 ATTACHMENT D Landmarks Commission Statement of Official Action, July 10, 2006 26 LANDMARKS COMMISSION OF THE CITY OF SANTA MONICA STATEMENT OF OFFICIAL ACTION PROJECT SUBJECT: LC-06CA-004 ADDRESS: 954 5th Street APPLICANT: Fifth Street Condo Project, LLC REQUEST: Certificate of Appropriateness for design approval for a proposed 4-unit condominium project that includes new construction of three units on the rear of the parcel at 954 5th Street and the on-site relocation of the Turn-of-The-Century Cottage closer to the front property line. The subject Turn-of- The-Century Cottage is a designated City Landmark. LANDMARKS COMMISSION ACTION 07/10/2006 Date X Approved based on the following findings and subject to the conditions below. Denied Other EFFECTIVE DATE OF ACTION Effective Date of Zoning Ordinance Amendment l05TA-002) Certificate of Appropriateness LC-06CA-004 EXPIRATION DATE OF PERMIT GRANTED Two (2) Years from Effective Date of Zoninq Ordinance Amendment (05TA-002) Certificate of Appropriateness LC-06CA-004 27 CERTIFICATE OF APPROPRIATENESS FINDINGS (SMMC 9.36.140) 1. The proposed project at 954 5th street will not detrimentally change, destroy or adversely affect any exterior feature of the Landmark Turn-of-the-Century Cottage in that after the proposed relocation of the Cottage the structure would still retain its historic character sufficiently enough to reflect its architectural importance for which it was designated a City of Santa Monica Landmark. In accordance with the Secretary of the Interior's Standards, the applicant proposes to retain all exterior character-defining features, materials, and finishes of the Landmark Cottage. Examples of such features include the existing hipped roof and exposed rafter tails, wood clapboard siding, full-height rounded bays, other wood sash windows, and covered front porch. The Landmark Cottage will be repainted using a color palette that is consistent with typical color selections for 19th and early 20th Century American residences. A new foundation will be constructed using concrete and brick to match existing materials to ensure that the structural integrity of the residence is preserved after on-site relocation. The proposed new construction on the rear half of the parcel incorporates compatible materials and significant stepbacks and articulation on the primary and secondary elevations in order to highlight the existing Landmark Cottage rather than visually compete with it. In accordance with the Secretary of the Interior's Standards for Rehabilitation, the proposed new construction expresses a well- defined, modern design and form that is compatible with, yet differentiated from, the historic Turn-of-the-Century Cottage on site. Finally, the proposed project is consistent with the Secretary of Interior's Standards for Rehabilitation in that the new construction has been designed in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment will be unimpaired. CONDITIONS 1. Proposed four-unit condominium project at 954 5th Street is subject to City Council approval of pending Text Amendment 05TA-002. If Text Amendment 05TA-002 is not approved or is modified the by City Council in a manner that results in changes to the proposed project, the applicant shall be required to resubmit revised project plans that conform to any such disapproval or modifications for review by the Landmarks Commission. 2. This approval is for the proposed project at 954 5th Street as shown on plans dated June 2, 2006, which are on file in the City Planning Division. 3. This Certificate of Appropriateness shall not be effective until the effective date of the zoning ordinance amendment implementing Text Amendment 05TA-002. The approval of this permit shall expire if the rights granted are not exercised within two (2) years from the permit's effective date. Exercise of rights shall mean issuance of a building permit to commence construction. Should the 28 applicant be unable to comply with this restriction, an extension may be granted pursuant to Section 9.36.250 for an additional 180 days maximum. The applicant must request such an extension prior to expiration of this permit. After that time, the applicant will be required to return to the Commission for approval. In addition, this Certificate of Appropriateness shall expire if the authorized work is suspended for a 180-day period after being commenced. 4. This decision may be appealed by properly filing with the Director of Planning and Community Development a Notice of Appeal on a form furnished by the Planning and Community Department. Such notice shall be filed within a ten (10) day time period commencing from the date of the determination. 5. All required Planning and Building Permit approvals shall be obtained. VOTE: Ayes: Berley, Fresco, Genser, Levin, Lehrer, Shari Nays: None Abstain: None Absent: Kaplan 29 NOTICE If this is a final decision not subject to further appeal under the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, the time within which judicial review of this decision must be sought is governed by Code of Civil Procedure Section 1094.6, which provision has been adopted by the City pursuant to Municipal Code Section 1400. I hereby certify that this Statement of Official Action accurately reflects the final determination of the Landmarks Commission of the City of Santa Monica. Roger Genser, Chairperson Date F:\CityPlanning\Share\Landmarks\STOAS~2006\STOA 06CA-004 (954 5th Street).doc 30 ATTACHMENT E Correspondence Received Regarding the Proposed Text Amendment Electronic version of attachment is not available for review. Document is available for review at the City Clerk's Office and the Libraries. ATTACHMENT F Planning Commission Staff Report dated June 21, 2006, Item 9-C Document is available for review at the City Clerk's Office and the Libraries.