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O2184 f:\atty\muni\laws\barry\r1 sideyard-1.doc City Council Meeting 05-09-06 Santa Monica, California ORDINANCE NUMBER 2184 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCil OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 9.04.08.02.080 TO AllOW THE MODIFICATION OF A SIDE YARD SET BACK REQUIREMENT IN THE R-1 DISTRICT WHERE THE COMBINATION OF CONTIGUOUS PARCELS REQUIRES A GREATER SIDE YARD SETBACK AND TO AllOW THE RE-DIVISION OF COMBINED PARCELS WHEREAS, Santa Monica Municipal Section 9.04.08.02.070(i) requires the minimum setback for each side yard to be equal to ten percent (10%) of the parcel width or a minimum of three (3) feet six (6) inches, whichever is greater, and requires the required minimum amount of both side yard setbacks to equal thirty percent (30%) of the parcel width, but in no case greater than a total of forty-five (45) feet; and WHEREAS, Santa Monica Municipal Code Section 9.04.06.010(g) allows a building to cross the property line for parcels under common ownership, but requires the project to comply with all applicable requirements for the consolidated site configuration; and WHEREAS, a fifty (50) foot wide parcel would require total side yard setbacks of thirty percent (30%) of the lot width (15 feet), with a minimum setback of five (5) feet on one side; and 1 WHEREAS, when fifty (50) foot wide parcels are combined to create a one hundred (100) foot wide parcel, the required minimum setback would become ten (10) feet; and WHEREAS, the applicant of the proposed text amendment seeks to enlarge an existing house across an adjoining parcel which he also owns but the existing dwelling is only setback five (5) feet from the east property line; and WHEREAS, under the existing Zoning Ordinance, the combination of the contiguous parcels would create a new non-conforming setback and would therefore not be authorized; and WHEREAS, the proposed text amendment would allow the modification of a side yard set back requirement in the R-1 district with Architectural Review Board approval for an existing building in such cases where the combination of contiguous parcels creates additional parcel width and requires a proportionately greater side yard setback; and WHEREAS, the Planning Commission considered the proposed text amendment at a public hearing on February 15, 2006; and WHEREAS, the Planning Commission unanimously recommended that the City Council approve the request with certain modifications that are included in the proposed text amendment; and WHEREAS, the City Council held a public hearing on this proposed text amendment on April 25, 2006; and WHEREAS, the proposed text amendment is consistent in principle with land Use Element Objective 1.1 which states that the quality of life for all residents should be 2 improved by providing a balance of land uses that are consistent with the objective of insuring fair treatment of property owners and residents of the City and is consistent in principle with land Use Element Objective 1.2 which states "ensure compatibility of adjacent land uses, with particular concern for protecting residential neighborhoods;" and WHEREAS, the public health, safety, and general welfare require the adoption of the proposed amendment in that additions to existing single family residences may be accommodated through the combination of contiguous parcels that create nonconforming side yard setbacks for the existing structures instead of requiring that part of the residence be demolished and the combination of parcels would only be allowed if the adjacent properties are not adversely impacted by the combination of parcels, NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOllOWS: SECTION 1. Santa Monica Municipal Code Section 9.04.08.02.080 is hereby amended to read as follows: Section 9.04.08.02.080. Architectural review. No building or structure in the R1 District shall be . subject to architectural review pursuant to the provisions of Chapter 9.32 of this Code except: 3 (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 step backs 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 development in the area bounded by Montana Avenue, the northern City limits, Twenty-Sixth Street and Ocean Avenue, with regard to the following conditions only: (1) Any development with an aggregate square footage of second floor balconies, terraces or roof decks which exceeds four hundred square feet. (2) Any structure with garage doors facing the public street within the front one-half of the parcel which are not setback from the building facade a minimum of five feet. 4 (3) Any structure with balconies or porches open on at least two sides with a maximum height of fourteen feet including parapets and railings, which project into the required front yard and which exceed fifty percent of the front building width measured at the front facade. (4) Any structure with side yard setbacks that do not conform with Section 9.04.08.02.070(i) but which has minimum setbacks for each side yard equal to ten percent of the parcel width. (f) The Architectural Review Board may approve the design modifications set forth in Section 9.04.08.02.080(e) provided all 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. 5 (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. (5) The design modifications also comply with the criteria established in Section 9.32.140. 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. 6 (g) Any existing structure that would not comply with the minimum side yard setback of ten percent of the parcel width required by Section 9.04.08.02.070(i) due to the combination of two contiguous parcels into a single building site. The Architectural Review Board may approve a modification to the minimum side yard setback provided the following findings of fact are made: (1) Only one of the side yard setbacks for the existing structure would become non-conforming due to the combination of contiguous parcels, (2) This non-conforming side yard setback would not physically change, (3) The aggregate setback on the combined lots shall be a minimum of thirty percent of the total combined lot width. (4) The combined lot width shall not exceed one hundred twenty feet. (5) 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. 7 (6) 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. (h) In the event the property owner seeks to re-divide a parcel created through the combination of contiguous lots after the Architectural Review Board has acted pursuant to subsection (g) of this Section, the Architectural Review Board may approve such a re-division provided the following finding of fact is made: No construction has taken place since the original combination of parcels. SECTION 2. 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 eftect the provisions of this Ordinance. SECTION 3. 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 aftect 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, 8 or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. 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 30 days from its adoption. APPROVED AS TO FORM: 9 Approved and adopted this 9th day of May, 2006. ~~~ Robert T. Holbrook, Mayor 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. 2184 (CCS) had its introduction on April 25, 2006, and was adopted at the Santa Monica City Council meeting held on May 9, 2006, by the following vote: Ayes: Council members: Bloom, Genser, Katz, McKeown, Mayor Pro Tern Shriver, Mayor Holbrook Noes: Council members: None Abstain: Council members: None Absent: Council members: O'Connor ATTEST: ----OIl ~q~ Maria M. Stewart, ity Clerk 10