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sr-050200-8a> ` i iNAY ® 2 PCD: S F:JT:AS: PF\f:\plan\share\council\strpt\nwintord.wpd 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 1 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. 2 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 3 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 4 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. 5 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 6 ATTACHMENT A f, .~ ~~ 'r f:\atty\mu ni\nwintord-1.wpd 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 1 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. 2 (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. 3 (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 4 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 5 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. 6 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 7 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 8 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. 9 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 10 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. 11 (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. 12 (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): 13 (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, 14 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. 15 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 16 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~- 17 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 ~~ 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 <~