ITEM 8-C
City Council Meeting 3-24-92 Santa Monica, California
STAFF REPORT
TO: Mayor and City Council
FROM: City Attorney
SUBJECT: Ordinance Establishing Interim Development Standards
for Vacant Parcels and Parcels in Residential Use,
and Commercial Parcels Redeveloped for Residential
Use for Palisades Beach Road Between the Santa
Monica Pier on the South and the North City Limits
At its meeting on March 17, 1992, the City Council
introduced for first reading an interim ordinance establishing
new development standards for residential parcels along Pacific
Coast Highway between the Santa Monica Pier and the northern City
limits. The ordinance is now presented to the City Council for
adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be adopted.
PREPARED BY: Robert M. Myers, City Attorney
SF:cg:ord4/word.ppd
City Council Meeting 3-17-92 Santa Monica, California
ORDINANCE NUMBER
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ESTABLISHING INTERIM DEVELOPMENT
STANDARDS FOR VACANT PARCELS AND PARCELS IN RESIDENTIAL USE,
AND COMMERCIAL PARCELS REDEVELOPED FOR RESIDENTIAL USE
FOR PALISADES BEACH ROAD BETWEEN THE SANTA MONICA PIER
ON THE SOUTH AND THE NORTH CITY LIMITS
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) A significant level of residential housing development
activity has occurred along Palisades Beach Road between the
Santa Monica Pier and the north City limits since January 1,
1989.
(b) The majority of undeveloped lots along Palisades Beach
Road between the Santa Monica Pier and the north City limits are
zoned R4 and R1 which allows a maximum height of 45 feet, and 28
feet respectively.
(c) Since January 1, 1989, at least twelve (12) projects
have been proposed that are 45 feet in height. These projects
limit coastal views, and affect light and shadows in the area.
(d) The Local Coastal Plan (LCP) approved by the City of
Santa Monica proposes limiting height in this area to a maximum
of 40 feet and establishes a site view envelope to protect views
from the Palisades bluff.
(e) If current development activity is allowed to continue
additional projects will be built along Palisades Beach Road
which will conflict with the LCP policies to preserve and protect
coastal views from the Palisades bluffs.
(f) Pending re-zoning of the area as part of the City wide
restricting, to a zoning designation consistent with the Local
Coastal Plan, to protect the public health, safety, and welfare,
it is necessary to limit on an interim basis the maximum building
height that will be permitted for vacant and residential parcels
along Palisades Beach Road.
(g) On October 15, 1991 the City Council directed staff to
prepare an interim ordinance to implement the development
standards contained in the Local Coastal Program approved by the
City. The LCP has not yet been approved by the State. This
ordinance is necessary so that future implementation of the LCP
is not prejudiced pending approval by the State.
(h) On January 28, 1992 the City Council conducted a
public hearing and adopted for first reading a 45 day interim
ordinance implementing the standards contained in the City
Council approved Local Coastal Plan. Based on the findings
above, there exists a current and immediate threat to the public
safety health and welfare should this interim ordinance not be
extended and projects not meeting the standards of the interim
ordinance be approved.
SECTION 2. Interim Zoning. Subject to the provisions of
Sections 3 and 4 of this ordinance, the Planning Commission and
City staff are directed, after January 28, 1992, to disapprove
all requests for the issuance of building permits and tentative
maps, tentative parcel maps, administrative approvals,
development review permits, conditional use permits, or any other
City permits for the construction, erection, conversion, or
moving of any residential structure on Palisades Beach Road
between the Santa Monica Municipal Pier on south and the north
City limits unless the project complies with the following
development standards:
(a) Permitted Uses: The following uses shall be permitted:
(1) Hospice facilities.
(2) Multi-family dwelling Units.
(3) One-story accessory buildings and structures up to 14
feet in height.
(4) Public parks and playgrounds.
(5) Single family dwellings placed on a permanent
foundation (including manufactured housing).
(6) Small family day care homes.
(7) Yard sales, limited to two per calendar year, for
each dwelling unit, for a maximum of two days.
(b) Uses Subject to Performance Standards Permit. The
following uses may be permitted subject to the approval of a
Performance Standards Permit:
(1) Large family day care homes.
(2) One-story accessory living quarters, up to 14 feet in
height, on a parcel having a minimum area of 10,000 square feet.
(3) Private tennis courts.
(4) Senior group housing.
(c) Conditionally Permitted Uses. The following uses may
be permitted subject to the approval of a Conditional Use Permit:
(1) Bed and breakfast facilities.
(2) Boarding houses.
(3) Child day care centers.
(4) Community care facilities
(5) Offices and meeting rooms for charitable, youth, and
welfare organizations.
(6) One-story accessory buildings over 14 feet in height
or two story accessory buildings up to a maximum height of 24
feet.
(7) Schools.
(4) Prohibited Uses. The following uses shall be
prohibited:
(i) Rooftop parking.
(ii) Any use not specifically authorized.
(d) Property Development Standards. All Property shall be
developed in accordance with the following standards:
(1) Maximum Building Height. Maximum building height
shall be 40 feet, except that:
(i) No portion of the building may project beyond the
site view envelope. The site view envelope is a theoretical
plane beginning mid-point at the minimum required beach setback
line and extends to a height of 30 feet, and then running
parallel with the side parcels lines to a point located 5 feet in
height above the top of the Palisades bluff immediately behind
the pedestrian railing.
(ii) No portion of the building above 23 feet for a
flat roof, and 30 feet for a pitched roof may exceed 30 feet in
width. Multiple projections above 23 feet for a flat roof and 30
feet for a pitched roof shall be separated by a minimum 20 foot
wide unobstructed view corridor. No projections, connections, or
mechanical equipment may be placed in the view corridor.
(iii) Maximum Unit Density. One dwelling unit for each
1,500 square feet of parcel area. No more than one dwelling unit
shall be permitted on a parcel of less than 4,000 square feet if
a single family dwelling existed on the parcel on the effective
date of this Chapter. No more than one dwelling unit shall be
permitted on a parcel 40 feet or less in width.
(iv) Maximum Parcel Coverage. 50 percent
(v) Front Yard Setback. 20 feet or as shown on the
Official Districting Map, whichever is greater. At least 30% of
the building elevation above 14 feet in height shall provide an
additional 5 foot average setback from the minimum required front
yard setback.
(vi) Beach Rearyard Setback. 15 feet for parcels 100 feet
or less in depth. 55 feet for parcels over 100 feet in depth.
(vii) Side Yard Setback. The sideyard setback shall be
determined in accordance with the following formula, except for
lots of less than 50 feet in width, for which the sideyard shall
be 10% off the parcel width but not less than 4 feet:
5' + (stories x lot width)
50'
At least 25% of the side elevation above 14 feet in height shall
provide an additional 4 foot average setback from the minimum
side yard setback.
(viii) Maximum Lot Size. 5,000 square feet. Each parcel
shall contain a minimum depth of 100 feet and a minimum width of
50 feet, except that parcels existing on the effective date of
this Chapter shall not be subject to this requirement.
(ix) Development Review. A Development Review Permit is
required for any development of more than 15,000 square feet of
floor area.
(x) Architectural Review. All new construction, new
additions to existing buildings, and any other exterior
improvements that require issuance of a building permit shall be
subject to architectural review pursuant to the provisions of
Chapter 5 of this Article.
(xi) As part of an Administrative Review application,
Zoning Administrator variance application, Development Review
application, and Architectural Review Board application, the
applicant shall submit site line elevation drawings illustrating
the project's conformance to the site view envelope. Elevation
drawings shall be submitted with any required Architectural
Review Board application illustrating the project in context with
existing structures along Pacific Coast Highway.
(xii) A structure with 70 feet or more of frontage
parallel to Pacific Coast Highway, shall provide a unobstructed
view corridor between pacific Coast Highway and the Ocean. The
view corridor shall be a minimum of 20 feet in width and 40 feet
in height measured from the property line parallel to the Pacific
Coast Highway.
(xiii) Uncovered parking may be located in the front half
of a parcel and within the required front yard setback.
SECTION 3. Applicability The requirements of Section 2 of
this Ordinance shall apply to all projects developed on vacant
parcels, parcels currently in residential use, and commercial
parcels redeveloped for residential use. For any other parcel,
the project shall comply with the property development standards
of the zoning district in which it is located.
SECTION 4. The following applications are exempt from the
provisions of Section 2 of this Ordinance:
(a) Any building or structure for which a building permit
was issued on or before the effective date of this Ordinance.
(b) Any project for which a vesting tentative map
application was filed and deemed complete on or before the
effective date of this Ordinance.
SECTION 5. This Ordinance shall be of no further force and
effect 10 months and 15 days from adoption, unless prior to that
date, after a public hearing, noticed pursuant to Section 9131.5
of the Santa Monica Municipal Code, the City Council, by majority
vote, extends the interim ordinance as provided by Section 9120.6
of the Santa Monica Municipal Code.
SECTION 6. Ordinance Number 1586 (CCS) is repealed.
SECTION 7. 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, are hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 8. 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 any 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 9. 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:
ROBERT M. MYERS
City Attorney