sr-102709-7b~~r
City of
Santa Monica
City Council Report
City Council Meeting: October 27, 2009
Agenda Item:
To: Mayor and City Council
From: Eileen Fogarty, Planning & Community Development Director
Subject: Extension of Interim Ordinance No. 2295(CCS) which Modified the Ocean
Park High Multiple Residential (OP-4) District Development Standards
until November 10, 2011.
Recommended Action
Staff recommends that the City Council introduce for first reading an interim ordinance
extending Ordinance No. 2295 (CCS) until November 10, 2011.
Executive Summary
Interim Ordinance No. 2295 (CCS), adopted by the City Council on September 22,
2009, modified the side yard setback standards on lots 50' or greater in width in the OP-
4 district, requiring a minimum side yard setback of 8' 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) and a minimum side setback of 12' portions of buildings with primary
windows. In addition, the interim ordinance requires that developments on parcels in
excess of 99' in width incorporate courtyards and adds references to third floor setbacks
and private open space for three story structures that were erroneously omitted from
current Code. The interim ordinance will expire on December 22, 2009 unless extended.
No changes are proposed to the existing interim ordinance whose provisions will be
extended until November 10, 2011 by the attached ordinance.
Discussion
The intent of Interim Ordinance No. 2295 (CCS) was to ensure that large. primary
windows in the OP-4 district are always set back further from the side property lines
than smaller windows or blank walls on all sized parcels to provide for more privacy
between adjacent properties. As indicated in the September 8, 2009 Council staff report
(\\COUNCIL\STRPT\2009\OP4 sy modification.doc), the interim ordinance also requires
street-facing central courtyard for developments on parcels which exceed 99' in width.
The purpose of the courtyard requirement was to reduce the mass of the building at the
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streetfront, improve the pedestrian orientation of the building at the sidewalk and
provide meaningful common open space within the development. The interim ordinance
also adds references to third floor setbacks and private open space for three story
structures that were erroneously omitted from current Code.
At this time, staff recommends extension of the interim ordinance text with no changes
until November 10, 2011. It is likely that the Land Use and Circulation Element and
subsequent Zoning Ordinance changes will be completed before the expiration of the
extended interim ordinance and permanent standards will be adopted at that time.
Alternatives
As an alternative to the recommended action of extending the interim ordinance,
Council may choose to allow this interim ordinance to expire, in which case the existing
development standards for the OP-4 district would govern until the anticipated Zoning
Ordinance update or initiate permanent adoption of the text change.
Environmental Analysis
The proposed interim ordinance is exempt from the provisions of the California
Environmental Quality Act (CEQA) pursuant to Section 15t)61(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.
Public Outreach
Notice of the proposed ordinance extension and the Council hearing was published in
the Santa Monica Daily Press a minimum of 10 days prior to the hearing.
Financial Impacts & Budget Actions
The recommendation presented in this report has no budget or financial impact.
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Prepared by:
Paul Foley, Principal Planner
Approved:
WWLNLL-.L~i~~f,~C~ "'~
Eileen Fogarty, Planning & Community
Development Department
ATTACHMENTS:
Forwarded to Council:
A. Proposed Interim Ordinance extending provisions of Interim Ordinance No. 2295
(CCS)
ATTACHMENT A
Proposed Ordinance
City Council Meeting: 10-27-09
Santa Monica, California
ORDINANCE NUMBER _ (CCS)
(City Council Series)
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA EXTENDING THE INTERIM ORDINANCE THAT MODIFIES PROPERTY
DEVELOPMENT STANDARDS IN THE OP-4 OCEAN PARK HIGH MULTIPLE
RESIDENTIAL DISTRICT RELATING TO SIDEYARD SETBACK AND OPEN SPACE
REQUIREMENTS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Findings and Purpose. The City Council finds and declares:
(a) The Ocean Park Multiple Residential Districts were created in 1989 to
preserve the unique character of the Ocean Park neighborhood with its mixture of single
family and multi-family residences, varying lot sizes and building heights and sloping
topography.
(b) The property development standards contained in the Zoning Ordinance for
the OP-4 district reflect the desire to maintain privacy between adjacent properties and
create open space given the mixture of residence types, lot sizes and building heights
and topography.
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(c) Included in the property development standards for the OP-4 district are
requirements for increased side yard setbacks for portions of buildings that include large
windows or glass doors within active living spaces, including living rooms, family rooms,
dining rooms or libraries and requirements for common open space..
(d) The Code required side yard setbacks in the OP-4 district, however, can
result in unintended consequences for exceptionally wide parcels because when three-
story buildings are proposed on parcels 125' or more in width in the OP-4 district, the
side yard setback requirements for portions of buildings with blank walls and smaller
(secondary) windows are equal to or greater than those than those with large (primary)
windows or glass door.
(e) Modifications to the side yard setback standards are warranted for large
parcels in the OP-4 district to ensure that primary windows and glass doors are set back
a sufficient distance from the adjacent property to maintain privacy.
(f) Modifications to development standards are also warranted for large parcels
in the OP-4 district through requirements for courtyards for developments on large
parcels in order to reduce the mass of buildings at the streetfront, enhance pedestrian
orientation at the sidewalk, ensure neighborhood compatibility and provide more
meaningful common open space.
(g) The City Council conducted a public hearing and adopted the Initial Interim
Ordinance No. 2295 (CCS), on September 22, 2009. However, this ordinance will expire
on December 22, 2009 unless extended.
(h) As detailed above and in the September 8, 2009 City Council staff report,
there.exists a current and immediate threat to the public health, safety and welfare
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should the interim ordinance not be adopted. Allowing development on large parcels in
the OP-4 zoning district could be inconsistent with general intent and purpose in the
Zoning Ordinance and Land Use Element in that the purpose of the Ocean Park district
standards are to maintain and protect the existing character and state of the residential
neighborhood. For these reasons, the Zoning Ordinance requires review and revision as
it pertains to specified development standards in the OP-4 zoning district.
(h) 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 extend the Interim Ordinance No.
2295 (CCS) which modifies the Zoning Ordinance to require additional side yard
setbacks for primary windows and courtyards for developments on parcels ninety-nine
(99) feet or wider.
SECTION 2. Interim Zoning. Notwithstanding Santa Monica Municipal Code
Section 9.04.08.54.060, the following property development standards shall apply:
All property on the OP-4 Ocean Park High Multiple Residential District shall be
developed in accordance with the following standards:
(a) Maximum Building Height. Three stories, not to exceed thirty-five feet as
measured from theoretical grade. There shall be no limit on the number of stories of any
affordable housing project, as long as the building height does not exceed the maximum
number of feet permitted in this Section.
(b) Maximum Unit Density. One dwelling unit for each twelve hundred fifty
square feet of lot area. An additional unit shall be allowed if excess lot area equals or
exceeds six hundred twenty-five square feet, after calculating the allowed number of
units at twelve-hundred fifty square feet of lot area per unit.
(c) Maximum Lot Coverage. Fifty percent:
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(d) Minimum Lot Size. Five thousand square feet. Each lot shall contain a
minimum depth of one hundred feet and a minimum width of fifty feet, except that lots
existing on the effective date the ordinance codified in the Zoning Ordinance shall not
be subject to this requirement.
(e) Front Yard Setback. Fifteen feet minimum, or ten feet minimum if the
average setback of adjacent dwelling(s) is ten feet or less. An open one-story, covered
or uncovered porch open on three sides may encroach six feet into a front yard with a
fifteen-foot setback, if the roof does not exceed a height of fourteen feet and the porch
width does not exceed forty percent of the building width at the front of the building.
(f) Rear Yard Setback. Fifteen feet.
(g) Side Yard Setback.
(1) The side yard setback for that portion of a building with a secondary
window, blank wall, or primary window on a side yard facing the street (i.e., on a corner
lot) shall be a minimum of eight (8) feet.
(A) On lots of less than fifty feet in width, the side yard shall be ten percent of
the parcel width but not less than four feet.
(B) On corner lots fifty feet or greater in width, the side yard setback facing a
street shall be a minimum of ten feet. Covered or uncovered stairways or porches not
exceeding thirty-five percent of the building frontage on the side street may encroach
five feet into the required side yard.
(2) The side yard setback for that portion of a building with a primary window
shall be as follows:
(A) For lots less than fifty feet in width, a minimum setback of eight feetshall
be provided, as long as at all times atwelve-foot separation exists between the primary
window and any adjacent structures;
(B) For lots fifty feet or greater in width, a minimum setback of twelve feet
shall be provided.
(3) The second and third floor side yard setback above a primary window
shall not project more than two feet into the required side yard setback.
(h) Building Spacing. Buildings that face each other on the same lot shall be
separated by the following minimum distances: fifteen feet if one building has primary
windows facing the other; twenty-five feet when the windows of primary spaces in both
buildings face each other on the ground or second level, except fifteen feet when they
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are visually separated by a solid wall or opaque fence over five feet six inches in height;
ten feet when secondary windows face each other or when a secondary window faces a
blank wall
(i) Landscaping. All areas not covered by buildings, driveways and
sidewalks are to be covered by appropriate landscaping. All new construction that
requires issuance of a building permit shall be subject to the provisions of Part
9.04.10.04 of the Zoning Ordinance.
(j) Usable Private Open Space. All ground-level units shall have the
following minimum amounts of usable private open space per unit: one hundred square
feet for projects consisting of at least two but not more than seven dwelling units, and
fifty square feet for projects of eight units or more. Private open space shall include a
deck, yard, patio or combination thereof, which is adjacent to, accessible from, and at
the same or approximate elevation as one or more primary spaces. The minimum
dimension of at least one such private open space shall be no less than seven feet in
any dimension. Private open space shall be screened from common open space,
driveways and adjacent properties by a substantially opaque wall or fence a minimum of
three feet six inches and a maximum of six feet in height, except in the front yard
setback area. Required private open space may be reduced by one square foot for each
additional square foot of common open space added but in no case leaving less than
fifty feet of required private space. All second and third floor units shall have a balcony
or deck of fifty square feet or more, with a minimum dimension of no less than seven
feet in any dimension, which is adjacent to, accessible from, and at the same or
approximate elevation as one or more primary spaces of the unit to be served. Roof
decks do not meet this requirement. The railing of the balcony or deck shall be
substantially opaque to protect the privacy of occupants. First floor private open space
may project into the entire width of the side yard, and ten feet into the required depth of
the rear yard. Private open space may project six feet into the required front yard as
long as its width does not exceed thirty percent of the building width at the front of the
building.
(k) Usable Common Open Space. Projects of four or more units shall
include a minimum of one hundred square feet per unit of usable common open space,
accessible and available to all project residents for outdoor activities. Courtyards, entry
areas for two or more units, lawns and play spaces which are physically separated from
private open space, and active recreation spaces such as swimming pools and sports
courts, shall count toward fulfillment of this requirement. The rear yard may count
toward fulfillment of the common open space requirement, provided it is usable and
accessible. Side yards and portions of driveways which are decorated or interspersed
with lawn or other acceptable groundcover may meet a portion of the requirement,
subject to architectural review, pursuant to Part 9.04.10 of the Zoning Ordinance. The
minimum dimension of at least one such space shall be ten feet in any direction.
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Any practical combination of lawn, paving, decking, concrete or other serviceable
dust free material shall be used to surface common open space areas, with a slope of
not more than five percent. A minimum of thirty percent of the common open space area
shall include lawn or other acceptable groundcover.
Required open space may not include public or private streets, driveways or
utility easements where the ground surface cannot be used appropriately for open
space or front yards.
Required common open space may be reduced by one square foot for each
additional square foot of private open space added beyond the required private open
space.
(I) Courtyards. Parcels having a width greater than ninety-nine feet 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 Yequirement.
(2) Courtyards shall be open to the sky, but may include permitted projections
set forth in Section 9.04.10.02.180 of the Zoning Ordinance 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.
(m) Development Review. Except for projects listed in Santa Monica
Municipal Code Section 9.04.10.14.050(b), adevelopment review permit is required for
any development of more than fifteen thousand square feet of floor area.
(n) Other Property Development Standards. All other property
development standards set forth in the Zoning Ordinance for property in the OP-4
Ocean Park Multiple Residential District shall apply except to the extent they are
inconsistent with the standards set forth in this Section 2.
SECTION 3. This ordinance shall be of no further force and effect after
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November 10, 2011, unless prior to that date, after a public hearing, noticed pursuant to
Santa Monica Municipal Code Section 9.04.20.22.050, the City Council, by majority
vote, extends this interim ordinance.
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 jurisdictidn, 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.
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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 newspaper within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
o'LCYZC.~
MA SHA ES MO IE
Cit ttor ey
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