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O2160 f:\atty\muni\laws\barry\R 1 sunset&NofW6-28-05-1.doc City Council Meeting 6-28-05 Santa Monica, California ORDINANCE NUMBER 2160 (CCS) (City Council Series) AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA EXTENDING AND ADJUSTING THE MODIFICATIONS TO THE DEVELOPMENT STANDARDS FOR PARCELS IN THE R-1 DISTRICTS LOCATED IN THE SUNSET PARK AND NORTH OF WILSHIRE NEIGHBORHOODS THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Findinas and Puroose. The City Council finds and declares: (a) The R1 Single Family area of the City bounded by Lincoln Boulevard to the west, Pico Boulevard to the north, and the City boundaries to the east and south, commonly referred to as the Sunset Park Neighborhood and the area of the City bounded by Montana Avenue to the north, 2200 Street to the west, Wilshire Boulevard to the south, and the City boundary to the east, commonly referred to as the North of Wilshire Neighborhood contain a mix of modest, older, single story and two story homes. (b) The development standards established by the City's Zoning Ordinance authorize the construction of housing dramatically different from the existing scale and character of these neighborhoods thereby significantly impacting existing residences in terms of access to light and air, privacy, and the overall amount of open space. 1 (c) Within the past several years, real estate values in the Sunset Park and North of Wilshire neighborhoods have risen dramatically, with year over year increases exceeding twenty percent. (d) At the same time, and continuing into the present, interest rates have remained very low. (e) These economic realities have fueled an active real estate market in which buyers seek to acquire property in the Sunset Park and North of Wilshire neighborhoods with the intent of demolishing existing homes and building new residences. (f) Over the past number of years, the Sunset Park neighborhood and the North of Wilshire neighborhood have experienced substantial redevelopment of homes. (g) If new houses are developed to the maximum size authorized by current zoning, they could reach approximately 5,000 square feet in size. These structures could also contain lofts and mezzanines between the first and second floors and between the second floor and the roof which would create the appearance of a three story structure. Because of the combined height and massing of these houses, they would tower over and dwarf the existing adjacent houses and would be ~holly at odds with the existing scale and character of the neighborhood. These homes could be built without any discretionary review. (h) The full build-out of these lots would substantially reduce the overall amount of open space in the neighborhood and have a significant detrimental Impact on adjacent neighbors' access to light, air, and privacy. (i) If current development standards are permitted to continue, housing could be developed which would severely impact existing residences, would be incompatible with the existing neighborhood's scale and character, and would be contrary to the 2 neighborhood's historic development pattern. If urgent action is not taken, irreversible development activity would occur. 0) As detailed above, the potential for development under the currently specified standards poses a current and immediate threat to the public health, safety, and welfare of the residents, and the approval of permits for such development would result in a threat to the public health, safety, and welfare. . (k) For these reasons, the Zoning Ordinance requires review and revision as it pertains to the appropriate development standards in the R1 Districts in the Sunset Park and North of Wilshire neighborhoods. (I) Pending completion of this review and revision, which will occur as part of the Land Use ElemenUZoning Ordinance update, in order to protect the public health, safety and welfare, it is necessary on an interim basis to change current develop standards including, setbacks, stepbacks, and parcel coverage, to ensure that adequate light, air, privacy, and open space is provided for each dwelling, that the construction is compatible and integrates with the Sunset Park and North of Wilshire neighborhoods, and that the character of the neighborhoods are not irreversibly damaged. (m) In light of the above-mentioned concerns, the City Council adopted Ordinance Number 2066 (CCS) modifying the development standards in the Sunset Park and North of Wilshire neighborhoods on February 25, 2003, and extended its provisions by adopting Ordinance Number 2067 (CCS) on March 11,2003 and Ordinance Number 2156 (CCS) on March 22, 2005. However, that ordinance will expire on August 31,2005, unless extended. (n) As described above, the City Council finds that an extension of this interim ordinance is necessary because there exists a current and immediate threat to the public 3 safety, health, and welfare should the interim ordinance not be adopted and should development inconsistent with the contemplated revisions to the development standards to the R1 districts in the Sunset Park and North of Wilshire neighborhoods be allowed to occur. Approval of additional development inconsistent with the following proposed interim standards would result in a threat to public health, safety, or welfare. Consequently, this ordinance extends Ordinance Numbers 2066 (CCS), 2067 (CCS), and 2156 (CCS) up to and including March 11 , 2007, establishing on an interim basis the following development standards for the R1 districts in the Sunset Park and North of Wilshire neighborhoods with minor adjustments to the prior interim provisions to address inadvertent development hardships on smaller parcels. This extension will allow sufficient time for a comprehensive planning process to revise these development standards on a permanent basis in conjunction with the Land Use Element/Zoning Ordinance update. SECTION 2. Interim Zonino City staff is directed to disapprove all building permit applications filed after February 24, 2003, and all applications for variances or other discretionary approvals which are deemed complete after February 24, 2003, for any residential development in the R1 Districts located in the Sunset Park and North of Wilshire Neighborhoods, as delineated in subsection (a) of Section 1 of this Ordinance, unless the project complies with the following development standard: 1. Permitted Uses. The following uses shall be permitted in the R1 District: (a) Hospice facilities; 4 (b) One single-family dwelling per parcel placed on a permanent foundation (including manufactured housing); (c) One-story accessory buildings and structures up to fourteen feet in height; (d) One-story accessory buildings over fourteen feet in height to a maximum height of twenty-eight feet, or two-story accessory buildings up to a maximum height of twenty-eight feet, if such buildings conform to the required setbacks and stepbacks for the principal building and with the development standards set forth in Santa Monica Municipal Code Section 9.04.14.110; (e) Public parks and playgrounds; (f) Small family day care homes; (g) State authorized, licensed, or certified uses to the extent required to be permitted by State Law; (h) Yard sales, limited to two per calendar year, for a maximum of two days each; (i) Domestic violence shelter. 5 2. Uses Subject to Performance Standards Permit. The following uses may be permitted in the R1 District subject to the approval of a performance standards permit: (a) Large family day care homes; (b) One-story accessory living quarters, up to fourteen feet in height, on a parcel having a minimum area of ten thousand square feet; (c) Private tennis courts. 3. Uses Subject to Use Permit. The following uses may be permitted in the R1 District subject to the approval of a use permit: (a) Duplexes on a parcel having not less than six thousand square feet of area, a side parcel line of which abuts or is separated by an alley from any R2, R3 or R4 District; (b) Second dwelling units subject to the requirements set forth in Santa Monica Municipal Code Section 9.04.13.040; 4. Conditionally Permitted Uses. The following use may be permitted in the R1 District subject to the approval of a conditional use permit: (a) Schools. 5. Prohibited Uses. (a) Boarding houses. (b) Rooftop parking. (c) Any uses not specifically authorized. 6 6. Property Development Standards. All property shall be developed in accordance with the following standards: (a) Maximum Building Height. (1 ) Two stories, not to exceed twenty-eight feet, which includes all building elements except chimneys and required vents; (2) On lots of more than twenty thousand square feet with a minimum front parcel line dimension of two hundred feet, the height shall not exceed thirty-five feet for a pitched roof or twenty-eight feet for other types of roofs. (b) Maximum Unit Density. One dwelling unit per parcel, except where a use permit has been approved authorizing a duplex or second dwelling unit pursuant to subsections 3(a) or 3(b) of this Section. (c) Minimum Lot Size. Five thousand square feet. Each parcel shall contain a minimum depth of one hundred feet and a minimum width of fifty feet. Any parcel existing on the effective date of this Chapter shall not be subject to this requirement. (d) Maximum Parcel Coverage. Thirty-five percent except that parcels with only one-story structures not exceeding eighteen feet in height may have a maximum parcel coverage of fifty percent. 7 (e) Front Yard Setback. As shown on the Official Districting Map of the City, or, if no setback is specified, twenty feet. (f) Additional Front Stepback Above Fourteen Feet in Height. For new structures or additions to existing structures, any portion of the front building elevation above fourteen feet exceeding seventy-five percent of the maximum buildable front elevation shall be stepped back from the front setback line an additional average amount equal to four percent of parcel depth, but in no case resulting in a required stepback greater than ten feet. As used in this Chapter, "maximum buildable front elevation" shall mean the maximum potential length of the elevation permitted under these regulations, which includes parcel width or length (as applicable), minus required minimum setback. (g) Rear Yard Setback~ Twenty-five feet. (h) Additional Rear Stepback Above Fourteen Feet in Height. For new structures or additions to existing structures, any portion of the rear building elevation above fourteen feet exceeding seventy-five percent otthe maximum buildable rear elevation shall be stepped back from the rear setback line an additional average amount equal to four percent of parcel 8 depth, but in no case resulting in a required stepback greater than ten feet. (i) Side Yard Setback. Except as provided in subsection 60) of this Section, ten percent of the parcel width or a minimum of three feet six inches, whichever is greater, but in no case greater than fifteen feet. 0) Additional Side Yard Setback. For structures over eighteen feet in height, including all building elements except chimneys and required vents, the required amount of setback for both side yards combined as measured at any point on the parcel, shall equal thirty percent of the parcel width but in no case be greater than a total of forty-five feet. The minimum setback for each side yard shall also be equal to ten percent of the parcel width, or a minimum of three feet, six inches whichever is greater. This subsection 6(j) shall not apply under any of the following circumstances: (1) New structures on parcels that are 45 feet or less in parcel width. (2) Additions to existing structures that do not constitute a substantial remodel on parcels that are less than 50 feet in parcel width. (3) Any development on parcels that are less than 5,000 square feet in parcel area. 9 (k) Additional Side Stepbacks Above Fourteen Feet In Height. For new structures or additions to existing structures, any portion of the side building elevation above fourteen feet exceeding fifty percent of the maximum buildable side elevation shall be stepped back from the side setback line an additional one foot for every two feet four inches above fourteen feet of building height to a maximum height of twenty- one feet. (I) Additional Side Stepback Above Twenty-One Feet in Height. No portion of the building, except permitted projections, shall intersect a plane commencing twenty-one feet in height at the minimum sideyard setback and extending at an angle of forty-five degrees from the vertical toward the interior of the site. (m) Front Yard Paving. No more than fifty percent of the required front yard area including driveways shall be paved, except that lots with a width of twenty-five feet or less may have up to sixty percent of the required front yard area paved. (n) Modifications to Stepbacks Above Fourteen Feet in Height. The stepback requirements of subsections 6(f), 6(h), 6(k), and 6(1) of this Section may be modified subject to the review and approval of the Architectural Review Board if the 10 Board finds that the modification will not be detrimental to the property, adjoining properties or the general area in which the property is located, and the objectives of the stepback requirements are satisfied by the provision of alternative stepbacks or other building features which reduce effective mass to a degree comparable, to the relevant standard requirement. (0) Driveways. No more than one driveway per parcel to a public street shall be permitted on parcels less than one hundred feet in width. (p) Basements and Subterranean Garages. No basement or subterranean garage shall extend into any required yard setback area, except for any basement or garage located beneath an accessory building which is otherwise permitted within a yard area, if such basement, semi-subterranean or subterranean garage is located at least five feet from any property line. (q) Access to Subterranean Garages and Basements. (1) Up to a total of fifty square feet of area in the side and rear yards may be utilized for Iightwells or stairways to below-grade areas of the main building and any accessory buildings. (2) No more than three feet of excavation below grade for a driveway, stairway, doorway, Iightwell, window or other such 11 element to a subterranean or semi-subterranean garage or basement shall occur in the front yard setback area. This requirement may be modified by the Architectural Review Board for parcels with an elevation rise of five feet from the front property line to a point fifty feet towards the interior of the site if it finds that topographic conditions necessitate that such excavation be permitted. (r) Roof Decks. Roof decks shall be set back at least three feet from the minimum sideyard setback. The height of any railings or parapets associated with such roof decks may not exceed the maximum allowable building height for the structure. (s) Second Floor Parcel Coverage. For parcels with a maximum ground floor parcel coverage of 35 percent, the maximum second floor parcel coverage, including the second floor of all accessory buildings, shall not exceed 26 percent of the parcel area. Second floor parcel coverage may be increased up to a maximum of 30 percent of the parcel area if the ground floor square footage is reduced an equivalent amount. Conversely, the ground floor coverage may be increased to a maximum of 40 percent if an equivalent amount is reduced on the second floor. 12 (t) Garage Doors. Garage doors facing the public street must be set back a minimum of 5 feet from the front setback line and may not exceed 16 feet in width unless located in the rear 35 feet of the parcel. (u) One-story garage. A one-story garage attached to the primary structure with a maximum height of 14 feet, including parapets and railings, a maximum length of 25 feet, and with garage doors perpendicular to the public street, shall be allowed to project up to 6 feet into the required front yard if no alley access exists, but may not extend closer than 20 feet to the front property line. (v) Architectural Projections Into Side Yards. Eaves, awnings, canopies, sunshades, sills, cornices, belt courses, trellises, arbors and other similar architectural projections may extend a maximum of 18" into an interior side yard or 30" into a street side yard, provided that such projections shall not be closer than three feet to any property line. 7. Architectural Review. No building or structure shall be subject to architectural review pursuant to the provisions of Chapter 9.32 of the Santa Monica Municipal Code except: 13 (a) Properties installing roof or building-mounted parabolic antennae (only with respect to the antennae and screening); (b) Duplexes (c) Any structure above fourteen feet in height that does not conform to the required yard stepbacks for structures above fourteen feet in height. (d) Any structure that does not conform to the limitations on access to subterranean garages and basements. (e) Any structure associated with a new building, substantial remodel, or a 50% or greater square foot addition to an existing home located on a parcel with a grade differential of 12.5 feet or more between the front and rear parcel lines. The Architectural Review Board may approve projects pursuant to this subsection 7(e) if the following finding offact is made: the size, mass, and placement of the proposed structure is compatible with improvements in the surrounding neighborhood. No other findings of fact are required. (f) Any structure that does not comply with the requirements that garage doors facing the public street must be set back a minimum of five feet from the front setback line and garage doors must not exceed 16 feet in width unless located in the rear 35 feet of the parcel. 14 (g) Any structure on a parcel that is 50 feet or more in width that does not comply with subsection 60) of this Section. (h) The Architectural Review Board may approve the design modifications set forth in subsections 7(f) and 7(g) of this Section provided all of the following findings of fact are made: (1 ) There are special circumstances or exceptional characteristics applicable to the property involved, including size, shape, topography, surroundings, or location of the existing improvements or mature landscaping on the site. (2) The granting of the design modification will not be detrimental nor injurious to the property or improvements in the general vicinity and district in which the property is located. (3) The granting of the design modification will not impair the integrity and character of this R1 neighborhood, nor impact the light, air, open space, and privacy of adjacent properties. (4) In the case of additions to buildings in the City's Historic Resources Inventory, the design modification is compatible with the building's historic architectural character, does not result in the removal of historic building features, and the addition is consistent with the Secretary of the Interior Standards for Rehabilitation. 15 Any applicant for a development subject to architectural review under these provisions shall provide certification of notice to all owners and commercial and residential tenants of property within a radius of three hundred feet from the exterior boundaries of the property involved in the application, not less than ten days in advance of Architectural Review Board consideration of the matter, which notice and certification thereof shall be in a form satisfactory to the Zoning Administrator. 8. Fifty percent addition. Parking shall be provided in accordance with the provisions of Part 9.04.10.08 of the Santa Monica Municipal Code, Off Street Parking Requirements, if the principal building on the parcel is substantially remodeled or, if fifty percent or more additional square footage is added to the principal building at anyone time, or incrementally, after September 8, 1988, provided the aggregate addition is five hundred square feet or more. SECTION 3. This ordinance shall be of no further force and effect after March 11 , 2007, unless prior to that date, after a public hearing, noticed pursuant to Santa Monica Municipal Code Section 9.04.20.22.050, the City Council, by majority vote, extends this interim ordinance. SECTION 4. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such 16 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. 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. APPROVED AS TO FORM: , 17 Approved and adopted this 28th day of June, 2005. ~ Pam O'Connor, Mayor State of California ) County of Los Angeles) ss. City of Santa Monica ) I, Beth Sanchez, Assistant City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2160 (CCS) had its introduction on June 14,2005, and was adopted at the Santa Monica City Council meeting held on June 28, 2005, by the following vote: Ayes: Council members: Mayor O'Connor, Mayor Pro Tem Katz, Bloom, Genser, Holbrook, McKeown, Shriver Noes: Council members; None Abstain: Council members: None Absent: Council members: None ATTEST: t City Clerk 18