sr-090809-7b~ir
City of
Santa Monica
City Council Report
City Council Meeting: September 8, 2009
Agenda Item: ~~
To: Mayor and City Council
From: Eileen Fogarty, Director of Planning & Community Development
Subject: Introduction and First Reading of an Interim Ordinance to Modify the
Development Standards in the OP-4 Ocean Park Multiple Residential
District Relating to Side Yard Setback and Open Space Requirements.
Recommended Action
Staff recommends that the City Council introduce for first reading the attached interim
ordinance.
Executive Summary
The OP-4 side yard setback standards are intended to require greater side yard
setbacks for portions of developments with large windows or glass doors to provide for
more privacy between adjacent properties. The Code required side yard setbacks in the
OP-4 Ocean Park Multiple Residential District produce unintended consequences for
exceptionally wide parcels because when three-story buildings are proposed on parcels
125' or more in width, the side yard setback requirements for portions of buildings with
blank walls and smaller (secondary) windows are equal to or greater than those for
large (primary) windows. The attached interim ordinance will ensure that the side yard
setbacks for primary windows are greater than those for blank walls or secondary
windows. In addition, the proposed ordinance will require that developments on parcels
in excess of 99 feet in width incorporate courtyards and will add references to third floor
setbacks and private open space since the OP-4 district allows three story structures.
Background
The side yard setback standards in the Ocean Park multi-family residential districts are
intended to preserve privacy between adjacent properties. As such, the side setback
standards differ for portions of a building with a primary window and those with a blank
wall or secondary window. A primary window is defined as the largest glazed surface
(glass door or window) in a primary space which is a living room, dining room, family
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room, or library. A secondary window is defined as a window in a bedroom, bathroom,
kitchen, stairway or corridor, storage area or is a smaller window in a primary space.
Santa Monica Municipal Code Section g.04.08.54.060(g) includes the side yard setback
requirements for the OP-4 district. The side yard setback for a secondary window or
blank wall is based upon the following formula:
5 + (stories x lot widthl
50'
On a typical 50' wide parcel, atwo-story building in the OP-4 district would require a
seven foot side setback and eight feet for athree-story building. The side yard setback
for the portion of a building with a primary window on a 50' parcel is a minimum of 12'.
Therefore, the portion of a building with a large window in a living room or glass door to
a balcony off a living room would have a 50% or greater side setback than the portion of
a building with bedroom or kitchen windows.
However, the above formula results in unintended consequences for exceptionally wide
parcels. For athree-story building, the side yard setback for building portion with a
secondary window would be .greater than the 12' required for a primary window on a
125' wide parcel. This situation is contrary to the intention of the side yard requirements
in the OP district to preserve privacy between adjacent parcels.
In addition to the side yard issue discussed above, SMMC Section 9.04.08.54.060
allows structures up to three stories in height within the OP-4 district yet erroneously
does not reference the third floor of structures in subsection (g)(3) and Q). The attached
ordinance will add a third story reference.
Discussion
As noted above, the side yard setback requirements for lots greater than 125' in width in
the OP-4 district do not adequately address the privacy and open space issues as
originally intended. In addition, when the formula-derived side yard setbacks are applied
to developments on wide parcels, the building has to be set back so substantially at the
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side yards, there is a disincentive to provide a courtyard or other break in the front
elevation of the building that reduces its streeffront mass and provides a more
pedestrian oriented design.
Staff proposes modifying the side yard setback requirements in a manner similar to
those adopted for the R2, R3 and R4 districts in 2004 which have proven to be effective.
The existing side yard setback formula is a function of the building height expressed in
stories where different setbacks apply to buildings of different height in the same zoning
district. Typically, side yards are either used for access to units or private outdoor living
space. The justification for the modifications to the side yard setbacks in the R2, R3 and
R4 districts in 2004 centered around the fact that the side yard setbacks should be tied
to the usability and livability of the spaces rather than the height of the building. For a
typical two-story development on a typical 50' wide parcel, the side yard setback
requirement was seven feet. As such, the side yard setbacks were increased to a
minimum of eight feet with a requirement that an additional two foot average setback be
provided per story. As discussed later in this report, the modifications in 2004 also
required courtyards for developments on wide parcels which were intended to break up
building mass and provide more common open space.
Therefore, on lots 50' or greater in width in the OP-4 district, staff recommends requiring
a minimum side yard setback of eight feet for portions of buildings with a secondary
window, blank wall, or primary window on a side yard facing the street (i.e., on a corner
lot). For portions of buildings with primary windows, staff recommends maintaining a
minimum side setback of 12' in order to achieve privacy and open space. as originally
established with the Ocean Park standards.
The proposed modifications to the side yard setback requirements reduce the side
setbacks on the widest parcels, thus increasing the building mass at the streeffront.
Included in the modifications to development standards in the R2, R3 and R4 districts in
2004 was a requirement for astreet-facing central courtyard for developments on
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parcels which exceed 99 feet in width. The purpose of the courtyard requirement was
to reduce the mass of the building at the streetfront, improve the pedestrian orientation
of the building at the sidewalk and provide meaningful common open space within the
development. Since the issues with respect to building mass, pedestrian orientation and
common open space are identical for wide lots in the OP-4 district, staff recommends
that the same language requiring courtyards in the R2, R3 and R4 districts be
incorporated in the OP-4 development standards. The proposed language reads, in
part:
Parcels having a width greater than 99 feet and located in the OP-4 district shall
provide a courtyard centered on the lot. Courtyards shall comply with the following
design criteria:
(1) Courtyards shall be no less than ten percent of the total lot area and must
be designed to accommodate a rectangular area not less than one thousand square
feet with a minimum width of eighteen feet measured parallel to the front parcel line.
Required setback area shall not count toward the minimum width or one thousand
square foot requirement.
(2) Courtyards shall be open to the sky, but may include permitted projections
for side yard projections. Courtyards shall be visible and accessible from the sidewalk
and each ground floor unit. If mechanical or utility equipment is placed in the courtyard,
it shall be screened visually and acoustically and shall not encroach into the minimum
courtyard area.
(3) Courtyard entry gates, if provided, shall be seventy percent transparent to
the courtyard, designed in a complementary style to the building's architecture, and
constructed using high quality, durable materials.
The interim ordinance will be in effect for a period of 60 days from its effective date and
may be subsequently extended by the Council for a maximum period of 50 months and
15 days.
Public Outreach
Notice of the proposed ordinance amendment and the Council hearing was published in
the Santa Monica Daily Press a minimum of 10 days prior to the hearing.
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Alternatives
Alternatives that the City Council may consider include:
1. Modify or eliminate specific components of the ordinance relating to setbacks or
the courtyard requirement.
2. Allow modifications to side yard setbacks, subject to Architectural Review Board
review and approval.
Environmental Analysis
The proposed interim ordinance is exempt from the provisions of the California
Environmental. Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State
Implementation Guidelines in that CEQA applies only to projects having the potential to
cause a significant effect on the environment. The interim ordinance includes only a
minor modification to development standards in the OP-4 district.
Financial Impact & Budget Actions
The recommendation in this report does not have any budget or fiscal impacts.
Prepared by: Paul Foley, Principal Planner
Approved: Forwarded to Council:
Eyl~en Fogarly~ ~ ~-/P~larrydrit Ewell
Director, Plan g & Com u y C anager
Development
Attachments:
Exhibit A: Interim Ordinance
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