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Council Mtg: May 2, 2000
T0: Mayor and City Council
FROM: City Staff
Santa Monica, California
SUBJECT: Recommendation to Adopt an Emergency Interim Ordinance Modifying
Article IX of the Santa Monica Municipal Code Relating to Development
Standards in the R2, R3 and R4 Zoning Districts and Demolition
Requirements for Structures Forty Years of Age or Older.
INTRODUCTION
This report recommends that the City Council introduce for first reading an emergency
interim ordinance to modify the development standards for the R2, R3 and R4 multi-family
zoning districts and modify the demolition permit standards for structures which are forty
years of age or older. Staff recommends adoption of an emergency interim ordinance to
allow for a comprehensive planning process to revise the development standards for the
R2, R3 and R4 multi-family zoning districts and to review the impacts of demolishing
buildings with potential architectural significance that contribute to neighborhood character.
BACKGROUND
On March 28, 2000, the City Council directed staff to prepare an interim ordinance to apply
the development standards currently in place within the North of Wilshire Overlay District
to other multi-family zoning districts. The North of Wilshire standards contain specific
requirements for reduced building height and additional stepback areas of building facades
along the front and side elevations intended to reduce building mass and provide building
articulation. These standards are designed to protect the existing neighborhood character
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SAY
and to ensure that new development integrates and is compatible with the surrounding
residential area.
In addition, the Council directed staff to modify the demolition permit requirements to
protect the City's existing bungalow style and courtyard style housing developments. Staff
recommends that the interim ordinance contain a provision to require a 60 day review
period by the Landmarks Commission prior demolition permit issuance for any structure
40 years of age or more. Current Code requires such a review period for any structure 50
years of age or more. Staff believes Landmarks Commission review of demolition permit
applications for structures built before 1960 will address Council's concern regarding
preservation of bungalow style and courtyard style housing.
The proposed interim ordinance is contained in Attachment A.
DISCUSSION
North of Wilshire Development Standards
The North of Wilshire (NW) Overlay District, adopted by Council in 1990, is located
between Wilshire Boulevard to the south, Montana Avenue to the north, Fourteenth Court
alley to the east and Ocean Avenue to the west and affects the R2 and R3 zoning districts
within that area. The NW development standards were established to reduce the overall
building mass, produce articulated facades along the front and side elevations and to
provide opportunities for interesting design elements.
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The NW standards minimize building mass by reducing allowable building heights forthose
structures with a flat roof and by requiring additional setbacks from the minimum required
setback lines. At the front elevation, the NW standards require that portions of the front
facade up to 14' in height provide additional setback with greater additional setback
required above 15'. On the side elevations, portions of building facades must be articulated
with additional setback required for portions of a building facade between 14' and 30' in
height, and even greater additional setback required for portions of a building facade
between 30' and 45'. These requirements reduce the mass of buildings, provide more
opportunities for interesting building design and provide more privacy, light and airbetween
structures on adjacent parcels.
Modification to Demolition Requirements
Current Code requires the Landmarks Commission to review the demolition permit
application for any structure 50 years of age or older. A 60 day review period is provided
to allow forthe Landmarks Commission and members ofthe publicto reviewthe demolition
application and take action where appropriate pursuant to the City's Landmarks Ordinance.
The Council expressed concern regarding the demolition of bungalow structures and
courtyard style multi-familydevelopments sincethese building types contribute significantly
to neighborhood character. Many of these developments were built during the 1950s and
are not subject to the current demolition permit requirements. Staff believes modifying the
demolition permit review threshold and requiring Landmarks Commission review of all
buildings 40 years of age older will effectively address the Council's concern regarding
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these unique housing types constructed prior to 1960. The Landmarks Commission, in its
review, will determinewhetherthe structure proposed fordemolition merits designation and
protection under the Landmarks Ordinance.
Modification to Development Standards
The proposed emergency interim ordinance extends the NW development standards to all
R2, R3 and R4 districts (Attachment B). In addition, staff is proposing minor modifications
to the zoning text language to clarify the facade separation and stepback requirements of
the development standards. No changes to the standards themselves are proposed.
The proposed modifications clarify that the minimum 2' separation in plane requirement
between specified portions ofthe building is calculated along a building's side elevation as
a lineal measurement. Forthe additional average setback requirements along the front and
side facades, staff proposes language that interprets these standards as a volumetric
calculation which takes into account the three dimensions required to demonstrate
compliance -length of building facade, setbacks from minimum setback lines and building
height above grade. Language has also been added that provides a definition of a building
facade and clarifies that setback areas adjacent to mechanical rooms, stairways, elevator
shafts, and other non-habitable areas cannot be used in calculating additional setbacks.
Finally, staff has also included language stipulating that the area above a pitched roof does
not count toward meeting stepback requirements.
Staff recommends that these standards not be extended to the R2R, R2B, R3R, and the
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Ocean Park multi-family districts. These areas of the City already have in place
development standards which reflectthe neighborhoods' unique characteristics and ensure
neighborhood compatibility for new developments. These districts have height limitations
for buildings with flat roofs and stepback requirements to ensure neighborhood
compatibility. Staff also recommends that these standards not be implemented in the RVC
district. Although classified as amulti-family district, development which has typically
occurred along Ocean Avenue has been mixed-use. In this area, building stepbacks are
required along the street frontage for portions of a building over 31' in height.
CONCLUSION
The North of Wilshire development standards provide for greater stepbacks, less building
mass and height, and more building articulation than the development standards in place
in the R2, R3 and R4 multi-family districts elsewhere in the City. The proposed demolition
ordinance modification will protect bungalow style and courtyard style multi-family
developments from demolition until the property has been evaluated pursuant to the City's
Landmarks Ordinance.
The proposed emergency interim ordinance will be in effect for 45 days. Staff will return to
Council for an extension of the interim ordinance to allow sufficient time for staff to work
with the Planning Commission, development community, property owners and residents
to evaluate the effectiveness of these standards and develop permanent development
standards for Council consideration.
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BUDGET/FINANCIAL IMPACT
The recommendation presented in this report will have no budget or financial impacts.
RECOMMENDATION
It is respectfully recommended that the City Council adopt the emergency interim
ordinance included in Attachment A.
Prepared by: Suzanne Frick, Director
Jay M. Trevino, AICP, Planning Manager
Amanda Schachter, Principal Planner
Paul Foley, Associate Planner
Planning and Community Development Department
Attachment: A: Proposed Emergency Interim Ordinance
B: Map showing Zoning Districts Affected by Interim Ordinance
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ATTACHMENT A
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Council Mtg: May 2, 2000 Santa Monica, California
ORDINANCE NUMBER 1971 (CCS)
(City Council Series)
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA MODIFYING DEVELOPMENT STANDARDS FOR PROJECTS
DEVELOPED WITHIN THE R2 LOW DENSITY MULTIPLE FAMILY
RESIDENTIAL, R3 MEDIUM DENSITY MULTIPLE FAMILY
RESIDENTIAL AND R4 HIGH DENSITY MULTIPLE FAMILY
RESIDENTIAL DISTRICTS, MODIFYING THE REQUIREMENTS
FOR DEMOLITION PERMITS AND
DECLARING THE PRESENCE OF AN EMERGENCY
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) On May 25, 1999, the City Council adopted a moratorium on multi-family
development in the City's multi-family districts in response to dramatic changes in state
law, a substantial increase in the rate of development, and an unprecedented loss of
affordable housing.
(b) The specific factors compelling the moratorium adoption are detailed in
Ordinance Number 1944 (CCS) and Ordinance Number 1947 (CCS) and include the
following: the unprecedented increase in economic activity in which land values have
skyrocketed and the rate ofmulti-family construction tripled, the detrimental consequences
of this construction rate which impacted the City as a whole and the daily lives of residents
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who had to cope with the .noise and interference caused by construction, the significant
shift in the City's demographics occurring due to the vast majority of new, privately-built
units only being affordable to upper income individuals, the adoption oftheCosta-Hawkins
Rental Housing Act of 1995 which has severely weakened local rent control and resulted
in a dramatic reduction in the City's affordable housing stock, and the threat posed by
these dramatic changes to the existing character of the City's neighborhoods and its
unique natural environment.
(c) The City Council adopted this moratorium to provide the City sufficient time to
evaluate the effects of this -high rate of development and to develop appropriate
requirements and programs to preserve the City's character, diversity, and quality of life
in this period of drastic change.
(d) The City Council has twice extended this moratorium. The moratorium will expire
on May 17, 2000.
(e) In adopting the moratorium, the City Council directed staff, in part, to evaluate
the rate and nature of construction in multi-family neighborhoods and assess appropriate
responses.
(f) The City is in the midst of an unprecedented economic surge. Due to the
strong local and regional economy, the demand for housing in the City has increased
dramatically. In 1999, development activity in the multi-family districts of the City showed
a 246% increase over 1997/1998 and a 533% increase over 1996.
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(g) Real estate values in the City have skyrocketed. Estimates derived from closed
sales of condominium projects built since 1990 indicate that Citywide land values have
increased 20 percent since 1997. In R2 Districts throughout the City, where most new
condominium projects are constructed, the median value of land has increased over 30
percent. Concurrent with the increase in land .value, the current median prices for
condominiums are between 13 percent and 46 percent higher than in 1997.
(h) In light of these circumstances, upon expiration of the moratorium, it is
anticipated that the numberofapplications for multi-family developmentwill be substantial.
(i) A significant amount of the City's residential housing stock was built prior to
the 1960's. Parcels developed with older structures tend to be developed at heights and
massing that are less than what is currently allowed by zoning: Given current economic
conditions, there are significant incentives for this older housing to be redeveloped with
housing built to the maximum authorized development standards. The redevelopment of
these currently underdeveloped properties at greater height and mass would result in the
loss of views, light, and open space and could pose a threat to the existing character of
neighborhoods and the City's unique natural environment.
Q) Maintaining the unique character of Santa Monica's neighborhoods is important
for many reasons. City residents value their neighborhoods. The preservation of
neighborhoods promote a sense of belonging and loyalty from residents. It provides
residents with quiet enjoyment in their homes and a community which exists on a
pedestrian friendly scale. Design and development standards which are sensitive to
existing neighborhood conditions can further environmental and social goals.
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(k) The demand for housing has also threatened the character of existing
neighborhoods through the proposed demolition of structures, including bungalow style
and courtyard style housing developments, which have potential historic or architectural
significance.
(I) The potential for larger scale development in the R2 Low Density Multiple
Family Residential, R3 Medium Density Multiple Family and R4 High Density Multiple
Family districts under the current development standards contained in the Zoning
Ordinance pose a current and immediate threat to the public health, safety and welfare of
the nearby residents and the approval of permits for such development has the potential
to be incompatible with the scale and characterof existing neighborhoods and would result
in a threat to the public health, safety and welfare.
(m) The requirements for demolition permits contained in the Zoning Ordinance
pose a current and immediate threat to the public health, safety and welfare of the nearby
residents in that the characterof existing neighborhoods can be permanently impacted as
potentially historic and/or architecturally significant buildings which are less than 50 years
old are demolished.
(n) For the reasons stated above, the Zoning Ordinance requires review and
revision as it pertains to the appropriate development standards in the R2 Low Density
Multiple Family Residential, R3 Medium Density Multiple Family Residential and R4 High
Density Multiple Family Residential Districts and to the review requirements for the
issuance of demolition permits for older structures. For the reasons described above, the
City Council finds that the potential for development of housing in the City's multi-family
residential zones under the standards established in the Zoning Ordinance prior to the
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comprehensive review of the City's housing and land use policies and regulations presents
a current and immediate threat to the public peace, health, safety, and welfare. If urgent
action is not taken, irreversible development activity would occur thereby committing
scarce land resources to developmentthat may not be in the best interests of the residents
of the City.
(o) .Pending completion of this review and revision, in order to protect the public
health, safety and welfare, it is necessary on an interim basis to change the current
development standards within the R2 Low Density Multiple residential, R3 Medium Density
Multiple Family Residential and R4 High Density Multiple Family Residential Districts in the
following manner: reduce allowable building height with an incentive for pitched roofs;
reduce building mass by requiring additional setbacks from the minimum required setback
lines, require outdoor private open space for all units, require additional landscaping, and
provide greater building articulation by requiring more separation in plane along the side
building facades. The interim development standards are necessary to ensure that the
character of the City's multi-family neighborhoods is not irreversibly changed through
incompatible and insensitive development. These standards are designed to protect the
existing neighborhood character and to ensure that new development integrates and is
compatible with the surrounding residential area. The proposed standards will change lot
development patterns, reduce building height and bulk, provide open space and
landscaping, let more light enter between buildings, and reduce building shadows on
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adjacent lots. These standards will result in new developmentwhich is much more in scale
and character with existing housing in the multi-family neighborhoods.
(p) In addition, pending completion of this review and revision, in order to protect
the public health, safety and welfare, it is necessary on an interim basis to change the
current the requirements for the issuance of demolition permits in the following manner:
require Landmarks Commission review of any proposed demolition of a structure which is
40 years of age or older in orderto assess whether demolition would result in the removal
of a potentially historic and/or architecturally significant building, adversely affecting the
character of existing neighborhoods in the City.
(q) As described above, 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
in the R2, R3 and R4 zoning districts be allowed to occur. Approval of additional
development inconsistent with the proposed interim standards would result in a threat to
the public health, safety orwelfare. In addition, there exists a current and immediate threat
to the public safety, health and welfare should the interim ordinance not be adopted and
should the demolition of potentially historic andlor architecturally significant buildings be
allowed to occur. Therefore, it is necessary to establish on an interim basis the following
standards for the R2, R3 and R4 zoning districts and requirements for approval of
demolition permits.
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SECTION 2. Interim Zonina,
(a) All property in the R2, R3 and R4 zoning districts shall be developed in
accordance with the development standards for each zoning district specified in the Santa
Monica Zoning Ordinance except as these standards have been modified as follows:
(1) R2 Maximum Building Height. Two stories not to exceed twenty-three feet for
a flat roof, and thirty feet for a pitched roof, except that there shall be no limitation on the
number of stories of any affordable housing project, as long as allowed building height is
not exceeded. A pitched roof is defined as a roof with at least two sides having no less
than one foot of vertical rise for every three feet of horizontal run. The exterior walls of the
building may not exceed the maximum height for a flat roof except that portion of the wall
within a roof gable.
(2) R3 Maximum Building Height. Three stories, not to exceed thirty-five feet for
a flat roof or forty feet for a pitched roof, except that there shall be no limitation on the
number of stories of any affordable housing project, as long as allowed building height is
not exceeded. A pitched roof is defined as a roof with at least two sides having no less
than one foot of vertical rise for every three feet of horizontal run. The exterior walls• of the
building may not exceed the maximum height for a flat roof except that portion of the wall
within the roof gable.
(3) R4 Maximum Building Height. Four stories, not to exceed forty feet for a flat
roof or forty-five feet for a pitched roof, except that there shall be no limitation on the
number of stories of any affordable housing project, as long as allowed building height is
not exceeded. A pitched roof is defined as a roof with at least two sides. having no less
than one foot of vertical rise for every three feet of horizontal run. The exterior walls of the
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building may not exceed the maximum height for a flat roof except that portion of the wall
within the roof gable.
(4) Front Yard Setback. Twenty feet, or as shown on the Official Districting Map,
whichever is greater. At least twenty-four percent ofthe front elevation from the grade level
up to fourteen feet in height shall provide an additional five-foot average setback, and thirty
percent of the front elevation above fifteen feet in height shall provide an additional ten-foot
average setback from the minimum front yard setback.
(5) Side Yard Setback. The side yard setback shall be determined in accordance
with the following formula, except for lots of less than fifty feet in width for which the side
yard shall be ten percent of the parcel width but not less than four feet:
5' + (stories x lot width)
50'
In the R2, R3 and R4 zoning districts, no more than fifty percent of the side building
facade between three feet and thirteen feet above grade may be at the same parallel
plane. A minimum separation of at least two feet is required between parallel planes. A
building facade is defined as the exterior wall of the building. Compliance with this
requirement shall be demonstrated by a lineal measurement of the side building facade.
In the R2, R3 and R4 zoning districts, between thirteen and thirty feet above grade,
no more than fifty percent of the side building facade may be at the. same parallel plane.
A minimum separation of at leasttwo feet is required between parallel planes. Compliance
with this requirement shall be demonstrated by a lineal measurement of the side building
facade. Portions of the building facade between thirteen feet and thirty feet above grade
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shall provide an additional four-foot average setback from the required minimum side yard
setback. A building facade is defined as the exterior wall of the building. Compliance with
this requirement shall be demonstrated by a volumetric measure. Setback area adjacent
to a rooftop projection (i.e. mechanical equipment rooms, stairways and elevator shafts,
and other building projections permitted pursuant to Santa Monica Municipal Code Section
9.04.10.02.180) orothernon-habitable area shall not counttoward the additional stepback
requirement. The area between twenty-three feet and thirty feet in height above a pitched
roof shall not be considered for calculation of required separation in plane or additional
setback area
In the R3 district, no more than fifty percent of the side building facade between
thirty feet and forty feet above grade may be at the same parallel plane. A minimum
separation of at least two feet is required between parallel planes. Compliance with this
requirement shall be demonstrated by a lineal measurement of the side building far~ade.
Portions of the building facade between thirty feet and forty feet in height above grade shall
provide an additional eight-foot average setback from the required minimum side yard
setback. A building fagade is defined as the exterior wall of the building. Compliance with
this requirement shall be demonstrated by a volumetric measure. Setback area adjacent
to a rooftop projection (i.e. mechanical equipment rooms, stairways and elevator shafts,
and other building projections permitted pursuantto Santa Monica Municipal Code Section
9.04.10.02.180) orothernon-habitable area shall not counttoward the additional stepback
requirement. The area between thirty-five feet and forty feet in height above a pitched roof
shall not be considered for calculation of required separation in plane or additional setback
area.
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In the R4 district, no more than fifty percent of the side building facade between
thirty feet and forty-five feet above grade may be at the same parallel plane. A minimum
separation of at least two feet is required between parallel planes. Compliance with this
requirement shall be demonstrated by a lineal measurement of the side building facade.
Portions ofthe building facade between thirty feet and forty-five feet in height above grade
shall provide an additional eight-foot average setbackfrom the required minimum side yard
setback. A building facade is defined as the exterior wall of the building. Compliance with
this requirement shall be demonstrated by a volumetric measure. Setback area adjacent
to a rooftop projection (i.e. mechanical equipment rooms, stairways and elevator shafts,
and other building projections permitted pursuant to Santa Monica Municipal Code Section
9.04.10.02.180) orothernon-habitable area shall not counttoward the additional stepback
requirement. The area between forty and forty-five feet in height above a pitched roof shall
not be considered forcalculation of required separation in plane oradditional setback area.
(6) Usable Private Open Space. All units shall have the following minimum
amounts of usable private space per unit: one hundred square feet for projects with four
orfive units, and fifty square feet forprojects of six 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 the primary space.
(7) Maximum Unit Density. Density shall be the same as the existing standards for
each zoning district specified in the Santa Monica Zoning Ordinance subject to the
following exceptions:
(A) With regard to affordable housing projects in which one hundred percent of the
proposed units are deed-restricted for very low or moderate income, the density may be
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one dwelling unit for every hine hundred square feet of parcel area in the R3 District and
one dwelling unit for every twelve hundred fifty square feet in the R2 District.
(B) The density on parcels consolidated after the effective date of this Ordinance
with a total square footage greater than fifteen thousand- square feet or exceeding a
combined street frontage of one hundred feet shall be one dwelling unit for every fifteen
hundred square feet in the R3 District, and one dwelling unit forevery two thousand square
feet in the R2 District.
(8) Required Landscaping. All property shall be developed in accordance with the
same standards as those required in Santa Monica Municipal Code Part 9.04.10.04 for
each zoning district, including the following:
(A) A minimum of fifty percent of both required side yard setbacks shall be
landscaped.
(B) A minimum of two twenty-four-inch box tress shall be planted in the front yard
setback.
(9) Construction Management Plan. All projects costing one hundred thousand
dollars or more, shall be required to provide a construction management site plan in the
form and manner required by the Planning Commission.
(10) Building Height and Exceptions to Height Limit.
(A) The maximum allowable height shall be measured vertically from the average
natural grade elevation to the highest point of the roof. However, in connection with
development projects in the Ocean Park Districts, building height shall be measured
vertically from the theoretical grade to the highest point of roof.
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(B) The following shall be permitted to exceed the height limit in all zoning districts
except the R1 District:
1. Vents, stacks, ducts, skylights and steeples provided such projections do not
extend more than five feet above the permitted height in the District.
2. Legally required parapets, fire separation walls, and open work safety guard rails
that do not exceed forty-two inches in height.
3. Elevator shafts, stairwells, or mechanical room enclosures above the roofline if:
a. The enclosure is used exclusively for housing the elevator, mechanical
equipment, or stairs and is no larger than necessary for that use.
b. The elevator shaft does not exceed fourteen feet in height above the roofline and
the stairwell enclosure does not exceed fourteen feet in height above the height permitted
imthe district.
c. The area of all enclosures and other structures identified in Santa Monica
Municipal Code Section 9.04.10.02.030(b)(1) that extend above the roofline shall not
exceed twenty-five percent of the roof area.
d. .The mechanical equipment is screened in conformance with Santa Monica
Municipal Code Section 9.04.10.02.140.
e. The mechanical equipment enclosure does not exceed twelve feet in height
above the height permitted in the District.
4. The screening required pursuant to the provisions of Santa Monica Municipal
Code Section 9.04.10.02.140 of tanks, ventilating fans, or other mechanical equipment
required to operate and maintain the building provided the total area enclosed by all
screening does not exceed thirty percent of the roof area.
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(C) The following shall be permitted to exceed the' height limit in all zoning districts:
1. Chimneys may extend no more than five feet above the permitted height in the
district;
2.One standard television receive-only nonparabolic antenna and one vertical whip
antenna may extend no more than twenty-five feet above the roofline, provided that they
are not located between the face of the main building and any public street or in any
required front or side yard setback. All other antennas shall be subject to the provisions
of Part 9.04.10.06 of the Santa Monica Municipal Code.
(b) No demolition of buildings and structures shall be permitted except when all
of the following conditions have been met:
(1) A removal permit has been granted by the Rent Control Board, when required.
(2) For residential buildings and structures, the final permit to commence
construction for a replacement project has been issued; or the building or structure is
exempt from this requirement pursuant to subsection (c) below..
(3) A property maintenance plan has been approved in writing by-the Director of
Planning and the Building Officer. The Architectural Review Board shall adopt and the
Planning Commission shall approve guidelines and standards for property maintenance
plans pursuant to Santa Monica Municipal Code Section 9.32.040.
(4) If the original permit for the building or structure was issued more than forty
years before the date of filing of the demolition permit application, the requirements of
subsection (e) are satisfied.
(c) The following buildings and structures are exempt from the requirements of
subsection (b)(2):
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(1)Single-family dwellings which are located in the R1 District, any Commercial
District, or any Industrial District and which are not controlled rental units under the Rent
Control Law.
(2) Buildings or structures which the Director of Planning and the Building Officer
have determined to be a public nuisance:
(3) Buildings and structures which were damaged by the January 17, 1994
Northridge Earthquake or its aftershocks, and which were yellow- orred-tagged by the City.
(d) Priorto filing an application for a demolition permit, a notice of intent to demolish
must be prominently posted on the property. Such notice shall be in a form approved by
the City.
(e) In addition to any other requirements imposed by this Section, no demolition of
buildings or structures, the original permit for which was issued more than forty years
before the date of filing of the demolition permit application, shall be permitted unless the
following requirements have been met:
(1) Within seven days of receipt ofall filing materials for a demolition permiffor such
structures, the City shall transmit a copy of such application to each member of the
Landmarks Commission. Filing materials shall consist of a completed application form, site
plan, eight copies of a photograph of the building and photo verification that the property
has been posted with a notice of intent to demolish.
(2) If no application for the designation of a structure of merit, a landmark or a
historic district is filed in accordancewith Santa Monica Municipal Code Sections 9.36.090,
9.36.120 or 9.36.130 within sixty days from receipt of a complete. application for demolition,
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demolition may be approved subject to compliance with all other legal requirements,
including this Section.
(3) If an application for structure of merit designation is filed in accordance with
Santa Monica Municipal Code Section 9.36.090(a) within sixty days from receipt of a
complete application for demolition, no demolition permit may be issued until after a final
determination is made by the Landmarks Commission, or the City Council on appeal, on
the structure of merit designation application. The structure of merit application shall be
processed in accordance with the procedures set forth in Santa Monica Municipal Code
Section 9.36.090.
(4) If an application for landmark designation is filed in accordance with Santa
Monica Municipal Code Section 9.36.120(a) within sixty days from receipt of a complete
application for demolition, no demolition permit may be issued until after a final
determination is made by the Landmarks Commission, or the City Council on appeal, on
the application for landmark designation. The landmarks application shall be processed in s
accordance with the procedures. set forth in Santa Monica Municipal Code Section
9.36.120.
(5) If an application for historic district designation is filed in accordance with Santa
Monica Municipal Code Section 9.36.130(a) within sixty days from receipt of a complete
application for demolition, no demolition permit may be issued until after a final
determination is made by the Landmarks Commission, or the City Council on appeal, on
the application for historic district designation. The historic district application shall be
processed in accordance with the procedures set forth in Santa Monica Municipal Code
Section 9.36.130.
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SECTION 3. This Ordinance shall apply to any application for the development of
housing deemed complete on or after May 2, 2000.
SECTION 4. This ordinance shall be of no furtherforce or effect forty-five (45) days
from the date of its adoption, 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 5. This ordinance is declared to be an urgency measure adopted
pursuant to the provisions of Section 9.04.20.16.060 of the Santa Monica Municipal Code
and Section 615 of the Santa Monica City Charter. As set forth in the findings above, this
ordinance is necessary for preserving the public peace, health, safety, and welfare. As an
urgency measure, this ordinance is effective immediately upon adoption.
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
affect the provisions of this Ordinance.
SECTION 7. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remaining
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portions ofthis Ordinance. The City Council herebydeclares that itwould have passed this
Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 8. The Mayor shall sign and the City Clerk shall attest to the passage of
this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall become effective upon
its adoption.
APPROVED AS TO FORM:
/ ~ ~% ~'~~
MARSHA JON~S MOUTRIE
City Attorney~-
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Adopted and approved this 2nd day of May, 2000.
State of California
County of Los Angeles) ss.
City of Santa Monica
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing
Ordinance No. 1971 (CCS) had it's introduction and adoption at the City Council meeting held on
May 2"d, 2000, by the following vote:
Ayes: Council members:
Noes: Council members:
Abstain: Council members:
Absent: Council members:
Rosenstein, McKeown, Feinstein, Bloom, Mayor
Pro Tem O'Connor, Mayor Genser
None
None
Holbrook
ATTEST:
Maria M. Stewart, City C rk
a4-z
ATTACHMENT B
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Districts Subject to Proposed Extension
of the North of ilsire verlay Standards
2000 0 2000 4000 Fee[
Existing North of Wilshire Overlay District
R2, R3 and R4 Zoning Districts: Proposed Extension of NW Overlay Standards
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