O2572City Council Meeting: April 10, 2018 Santa Monica, California
ORDINANCE NUMBERS-7z_(CCS)
(City Council Series)
AN INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA EXTENDING INTERIM ZONING ORDINANCE NUMBER 2569
(CCS) WHICH AMENDED PORTIONS OF SANTA MONICA MUNICIPAL CODE
SECTION 9.07.030 TO REVISE DEVELOPMENT STANDARDS FOR
MAXIMUM PARCEL COVERAGE, MAXIMUM BUILDING HEIGHT,
ADDITIONAL MINIMUM STEPBACKS FOR UPPER STORIES, LIMITATIONS
ON AGGREGATE FLOOR AREA FOR UPPER -STORY DECKS AND
BALCONIES, AND EXCLUSION OF CERTAIN ACCESSORY DWELLING
UNITS FROM PARCEL COVERAGE IN THE R1 SINGLE -UNIT RESIDENTIAL
DISTRICT
WHEREAS, the City of Santa Monica has expressly declared that the
purpose of the R1 Singe -Unit Residential District (the "R1 District") is to provide for
single -unit housing on individual parcels at densities of one unit plus one attached
or detached accessory dwelling unit to suit the spectrum of individual lifestyles and
space needs and ensure continued availability of the range of housing
opportunities necessary to meet the needs of all segments of the community
consistent with the General Plan and State law; and
WHEREAS, the City has expressly declared that the further purposes of the
R1 District are to provide adequate light, air, privacy, and open space for each
dwelling, and to ensure that the scale and design of new development and
alterations to existing structures are consistent with the scale and mass, and
character of the existing residential neighborhood; and
1
WHEREAS, numerous neighborhood groups and individual residents have
expressed significant concerns about the size and scale of recently constructed
single family structures within the City's R1 Districts; and
- WHEREAS, while these new constructions generally comply with the
current development standards for the R1 District, they often double and even
triple the dwelling's square footage; and
WHEREAS, the resultant structures are significantly out of character with
the existing built environment, and potentially create serious light and shadow
impacts on neighboring residences; and
WHEREAS, recognizing such serious impacts to the City's residential
neighborhoods, at the January 9, 2018 City Council Meeting, City Planning Staff
informed the City Council that Staff intended to revise the City's R1 development
standards to reduce these ongoing impacts; and
WHEREAS, the City Council, after receiving public input and in setting
priorities for the City's Planning Department, directed Planning Staff to make
revising development standards in the R1 District the highest of priority; and
WHEREAS, the City has received an average of almost 70 demolition
permit applications for existing single-family homes per year over the last three
years; and
WHEREAS, the City currently has approximately 42 demolition permit
applications pending, with more applications expected consistent with past years;
and
K
WHEREAS, the cumulative effect of the demolition of existing residences
and replacement with much larger residences is creating an immediate threat to
the public health, safety, and welfare of the City's residential neighborhoods; and
WHEREAS, on February 13, 2018, the City Council adopted Interim Zoning
Ordinance Number 2569 (CCS) ("Interim Zoning Ordinance No. 2569") which
amended portions of Santa Monica Municipal Code section 9.07.030 to revise
development standards for maximum parcel coverage, maximum building height,
additional minimum stepbacks for upper stories, limitations on aggregate floor area
for upper -story decks and balconies, and exclusion of certain accessory dwelling
units from parcel coverage in the R1 Single -Unit Residential District; and
WHEREAS, pursuant to Santa Monica Municipal Code section 9.46.090(C),
Interim Zoning Ordinance No. 2569 shall expire sixty days after its effective date,
or on May 15, 2018; and
WHEREAS, the City desires to extend the amendments to the Zoning
Ordinance enacted pursuant to Interim Zoning Ordinance No. 2569 in order to
allow for a more comprehensive review of development standards in the City's R1
Districts by City Staff and the Planning Commission; and
WHEREAS, extending interim measures to reduce maximum parcel
coverage and building height in the City's R1 Districts will allow the City to fully
study and complete a public outreach process to develop permanent revised
standards, while preserving existing neighborhood scale and character in the
meantime; and
3
WHEREAS, the City Council finds and declares that there continues to exist
a current and immediate threat to the public health, safety, and general welfare
due to the cumulative effect of the pending demolitions and out -of -scale
development occurring in the City's R1 Districts that requires the extension of
Interim Zoning Ordinance No. 2569 to November 15, 2019, and approval of
additional permits to allow for the construction of single-family dwelling units under
the current development standards during this interim period would result in a
threat to the public health, safety, and welfare.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Effect on Previously Approved Projects and Protects in
Process. The following projects that would otherwise be affected by the revised
development standards set forth in this Interim Zoning Ordinance shall have a
vested right to proceed without complying with this Interim Zoning Ordinance:
(a) Previously Approved Development. The erection, construction,
enlargement, demolition, moving, conversion of, and excavation and grading for
any building or structure for which a valid planning entitlement, permit or building
permit, including plan check, was issued prior to February 23, 2018 and which
does not subsequently expire. A permit or entitlement that does not contain an
express limit on the time for exercising the permit shall be deemed valid only if a
building permit effectuating the entirety of the permit or entitlement is obtained by
February 23, 2019.
rd
(b) Applications for Projects in Progress. Any application for a
planning entitlement, building permit, including plan check, determined complete
on or before February 23, 2018.
SECTION 2. Interim Zoning Regulations. Santa Monica Municipal Code
Section 9.07.030 shall be revised as follows:
(a) Maximum Parcel Coverage. Notwithstanding the development
standards specified in Table 9.07.030 and Section 9.07.030(6), the maximum
parcel coverage shall not exceed 30 percent on the ground floor and 20 percent
on the second floor. For one-story structures not exceeding 18 feet in height, the
maximum parcel coverage shall not exceed 50 percent. The maximum parcel
coverage in specific areas shall be as follows:
(1) North of Montana. For parcels with a ground floor parcel coverage
of no more than 30 percent, the maximum second floor parcel coverage, including
the second floor of all accessory structures, shall not exceed 20 percent of the
parcel area. The ground floor parcel coverage may be increased to a maximum of
50 percent if an equivalent amount is reduced on the second floor. Parcels with
only one-story structures not exceeding eighteen feet in height may have a
maximum parcel coverage of 50 percent. For purposes of this subsection, the area
in any single -story portion of the structure that exceeds the height of the second
floor elevation shall count towards second floor parcel coverage, except where the
roofline of the single -story portion does not exceed eighteen feet in height.
(2) Sunset Park/North of Wilshire. For parcels with a ground floor
parcel coverage of no more than 30 percent, the maximum second floor parcel
5
coverage, including the second floor of all accessory structures, shall not exceed
20 percent of the parcel area. Ground floor parcel coverage may be increased to
a maximum of 50 percent if an equivalent amount is reduced on the second floor.
Parcels with only one-story structures not exceeding eighteen feet in height may
have a maximum parcel coverage of 50 percent. For purposes of this subsection,
the area in any single -story portion of the structure that exceeds the height of the
second floor elevation shall count towards second floor parcel coverage, except
where the roofline of the single -story portion does not exceed eighteen feet in
height.
(3) Expo/Pico. For parcels with a ground floor parcel coverage of no
more than 30 percent, the maximum second floor parcel coverage, including the
second floor of all accessory structures, shall not exceed 20 percent of the parcel
area. Ground floor parcel coverage may be increased to a maximum of 50 percent
if an equivalent amount is reduced on the second floor. Parcels with only one-
story structures not exceeding eighteen feet in height may have a maximum parcel
coverage of 50 percent. For purposes of this subsection, the area in any single -
story portion of the structure that exceeds the height of the second floor elevation
shall count towards second floor parcel coverage, except where the roofline of the
single -story portion does not exceed eighteen feet in height.
(b) Maximum Building Height. Notwithstanding the development
standards specified in Table 9.07.030 and Section 9.07.030(C), the maximum
building height shall be 28 feet.
(c) Additional Minimum Stepbacks for Upper Stories – Second -
Story Portions of Buildings. Notwithstanding the development standards
specified in SMMC Table 9.07.030, the following Additional Minimum Stepback for
-- Upper Stories -sides shall apply:
(1) Front – Second -story portions of buildings exceeding 75% of
maximum buildable front elevations shall be stepped back an average amount
equal to 4% of parcel depth, but no more than 10 feet shall be required. North of
Montana, this average amount shall equal 8% of parcel depth, but no more than
12 feet shall be required.
(2) Rear – Second -story portions of buildings exceeding 75% of
maximum buildable rear elevations shall be stepped back an average amount
equal to 4% of parcel depth, but no more than 10 feet shall be required. North of
Montana, 30% of the parcel depth shall be required, but no more than 40 feet shall
be required.
(3) Sides – Second -story portions of buildings exceeding 50% of
maximum buildable side elevations shall be stepped back 1 foot for every 2 feet 4
inches of height up to 21 feet in height. This stepback shall be measured from
minimum required side setback lines.
(d) Standards for Upper Story Balconies and Roof Decks. The
aggregate square footage of second floor balconies, terraces, or roof decks shall
not exceed 400 square feet.
(e) Accessory Dwelling Units Excluded from Parcel Coverage.
Accessory dwelling units shall not be included in residential parcel coverage
VA
calculations as described in subsection (a) of this Section. To be excluded from
parcel coverage calculations as set forth in this subsection, attached accessory
dwelling units shall provide independent exterior access and shall not provide any
interior connections or access to the primary dwelling unit.
SECTION 3. In accordance with CEQA Guidelines Section 15061(b)(3),
this Interim Zoning Ordinance is exempt from CEQA as it can be seen with
certainty that the proposed ordinance does not have the potential to significantly
impact the environment. The Ordinance represents a temporary change to
regulatory standards and would not allow more mass or floor area within the
Zoning Ordinance than existing regulations. Thus, this Interim Zoning Ordinance
has no potential to cause a significant effect on the environment.
SECTION 4. Any provision of the Santa Monica Municipal Code or any
appendix 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 jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it
would have passed this Ordinance and each and every section, subsection,
sentence, clause, or phrase not declared invalid or unconstitutional without regard
to whether any portion of the ordinance would be subsequently declared invalid or
unconstitutional.
0
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 thirty days after its adoption.
SECTION 7. This Ordinance shall be of no further force or effect after
November 15, 2019, unless it is otherwise extended pursuant to Santa Monica
Municipal Code Section 9.46.090.
APPROVED AS TO FORM:
LANE DILG
City Attorney
p
Approved and adopted this 10th day of April, 2018.
ell
Ted Winterer, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Denise Anderson -Warren, City Clerk of the City of Santa Monica, do
hereby certify that the foregoing Ordinance No. 2572 (CCS) had its introduction
on March 27, 2018, and was adopted at the Santa Monica City Council meeting
held on April 10, 2018, by the following vote:
AYES: Councilmembers Himmelrich, McKeown, O'Connor, O'Day, Vazquez)
Mayor Pro Tem Davis, Mayor Winterer
NOES: None
ABSENT: None
ATTEST:
knoo, jr) rGY1? ux
Denise Anderson -Warren, City Clerk
5///10)
Date
A summary of Ordinance No. 2572 (CCS) was duly published pursuant to
California Government Code Section 40806.