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O26181 City Council Meeting: October 15, 2019 Santa Monica, California ORDINANCE NUMBER 2618 (CCS) (City Council Series) AN INTERIM ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA EXTENDING INTERIM ZONING ORDINANCE NUMBERS 2569 (CCS) AND 2572 (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 MINIMU M 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 Single-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 DocuSign Envelope ID: 0843602C-61C8-48ED-9F68-B6F217383B3C 2 WHEREAS, on January 9, 2018, 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, such revisions were determined necessary after numerous neighborhood groups and individual residents 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 compl ied with the current development standards for the R1 District, they often double d and even tripled the dwelling’s square footage; and WHEREAS, the resultant structures were significantly out of character with the existing built environment, and potentially create serious light and shadow impacts on neighboring residences; and WHEREAS, in the three years prior to January 2018, the City had received an average of almost 70 demolition permit applications for existing single-family homes per year; and WHEREAS, as of January 2018, the City had approximately 42 demolition permit applications pending, with more applications expected consistent with past years; and WHEREAS, the cumulative effect of the demolition of existing residences and replacement with much larger residences creates an immediate threat to the public health, safety, and welfare of the City’s residential neighborhoods; and DocuSign Envelope ID: 0843602C-61C8-48ED-9F68-B6F217383B3C 3 WHEREAS, on February 13, 2018, the City Council adopted Interim Zoning Ordinance Number 2569 (CCS) (“Interim Zoning Ordinance 2569”) which amended portions of Santa Monica Municipal Code section 9.07.030 to revise development standards for maximum parcel coverage, maximum buildin g 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, on April 10, 2018, the City Council Adopted Interim Zoning Ordinance Number 2572 (CCS), extending Interim Zoning Ordinance 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 (“Interim Zoning Ordinance 2572”); and WHEREAS, extending interim measures to reduce maximum parcel coverage and building height in the City’s R1 District allowed 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 WHEREAS, since the adoption of Interim Zoning Ordinance 2572, staff has engaged in a review process intended to reevaluate development standards in the R1 District to: address the size of new home construction in relation to the existing neighborhood context and scale, incentivize the retention of existing homes, and make development standards in the R1 District more user-friendly; and WHEREAS, staff also engaged in a public outreach process that included seeking input from of a technical working group consisting of architects, DocuSign Envelope ID: 0843602C-61C8-48ED-9F68-B6F217383B3C 4 contractors, community representatives and other design professionals with knowledge and experience working on single-unit residential projects in the City; and WHEREAS, staff further conducted three community open houses on May 18 and 21, 2019, to provide information and education to the public as well as gather additional public input; and WHEREAS, on June 19, 2019, the Planning Commission adopted a Resolution of Intent, Resolution No. 19 -013, declaring its intention to consider recommending to the City Council that the City Council amend the te xt of the Zoning Ordinance related to development standards in the R1 District; and WHEREAS, on June 19, 2019, the Planning Commission conducted a preliminary discussion of the potential amendments to the text of the Zoning Ordinance related to development standards in the R1 District; and WHEREAS, on August 7, 2019, the Planning Commission conducted a public hearing to consider its recommendations to the City Council; and WHEREAS, on September 13, 2019, the California Legislature passed legislation mandating that local agencies adopt certain development standards for accessory dwelling units in residential neighborhoods; and WHEREAS, this State legislation may impact develo pment standards for the R1 District but this legislation has not yet been signed or vetoed by the Governor; and 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 DocuSign Envelope ID: 0843602C-61C8-48ED-9F68-B6F217383B3C 5 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 Ordinances 2569 and 2572 to December 31, 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 COUN CIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Effect on Previously Approved Projects and Projects 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. (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. DocuSign Envelope ID: 0843602C-61C8-48ED-9F68-B6F217383B3C 6 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(B), 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 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. DocuSign Envelope ID: 0843602C-61C8-48ED-9F68-B6F217383B3C 7 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: DocuSign Envelope ID: 0843602C-61C8-48ED-9F68-B6F217383B3C 8 (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 pa rcel 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 fe et 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 calculations as described in subsection (a) of this Section. To be excluded from parcel coverage calculations as set forth in this subsection, a ttached accessory dwelling units shall provide independent exterior access and shall not provide any interior connections or access to the primary dwelling unit. DocuSign Envelope ID: 0843602C-61C8-48ED-9F68-B6F217383B3C 9 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 unconstitutiona l without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. 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 with in 15 days after its adoption. This Ordinance shall become effective thirty days after its adoption. DocuSign Envelope ID: 0843602C-61C8-48ED-9F68-B6F217383B3C 10 SECTION 7. This Ordinance shall be of no further force or effect after December 31, 2019, unless it is otherwise extended pursuant to Santa Monica Municipal Code Section 9.46.090. APPROVED AS TO FORM: _________________________ LANE DILG City Attorney DocuSign Envelope ID: 0843602C-61C8-48ED-9F68-B6F217383B3C Approved and adopted this 15th day of October, 2019. _____________________________ T e r r y O ’ D a y , M a y o r P r o T e m 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. 2618 (CCS) had its introduction on September 24, 2019 and was adopted at the Santa Monica City Council meeting held on October 15, 2019, by the following vote: AYES: Councilmembers Morena, McKeown, Winterer, Jara, Mayor Pro Tem O’Day NOES: None ABSENT: Councilmember Himmelrich, Mayor Davis ATTEST: _____________________________________ _________________ Denise Anderson-Warren, City Clerk Date A summary of Ordinance No. 2618 (CCS) was duly published pursuant to California Government Code Section 40806. DocuSign Envelope ID: 0843602C-61C8-48ED-9F68-B6F217383B3C 12/4/2019