ITEM 8-A & 8-B
COUNCIL MEETING: May 12, 1992 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Recommendation To Adopt Two Urgency Ordinances To Change
the Method for Calculating Height in the OP-2 District,
And To Reduce the Permitted Height and Require Building
Entrances Oriented To the Street in the R2R District.
INTRODUCTION
This report recommends that the City Council adopt the attached
urgency ordinances which modify the method for calculating height
in the OP-2 District, and reduce the permitted height and
encourage building entrances oriented to the street in the R2R
District. The Ordinances will be effective for 45 days after
which staff will propose a one year extension. These two
ordinances are identical to the interim ordinances the Council
adopted in April 1991. Due to the fact that the previous interim
ordinances have expired, staff is recommending adoption of these
new ordinances until the permanent standards are in place.
BACKGROUND
On January 22, 1991 the Council directed staff to prepare interim
standards to address specific concerns raised by residents in the
OP-2 and R2R Districts. In particular, residents were concerned
with two issues, development of buildings on sloping lots in the
OP-2 District, and the compatibility of new structures in the R2R
District.
On March 12, 1991 the Council adopted an urgency ordinance for 45
days, and on April 23, 1991 the Council adopted another urgency
ordinance extending the effective date of the standards to April
23, 1992.
The OP-2 ordinance modifies the method for calculating height for
parcels in the OP-2 District. Under the current, permanent
ordinance, height is measured from the theoretical grade.
Theoretical grade is defined as an imaginary line from the grade
at the mid point of the parcel on the front property line to the
grade at the midpoint of the parcel on the rear property line.
The allowable height is measured at each point above that line
along the entire length of the site. This method uses the
extremes of a parcel and may not account for variations in
elevation between the extremes. As a result, when a sloping
parcel is excavated, portions of a building that appear to be
above grade are not counted in the maximum height since they are
technically below the theoretical grade. Therefore, what appears
to be up to a four story building would technically be only a two
story building.
The standards in the attached ordinance will not affect the
height on flat parcels, but will significantly change what can be
constructed on sloping parcels. The ordinance contains the
following provisions:
o Maximum height is measured from the street level and
runs parallel with the slope of the parcel;
o The building may only increase in height .8 feet for
each foot of site rise;
o If excavation occurs, the natural grade existing on the
parcel prior to construction must be re-established.
This ensures that the below grade portion of the
building is in fact below grade.
o The first story is counted from the point where the
building is more than 3 feet above the existing grade.
This limits the amount of building area that can be
constructed on a sloping parcel.
The R2R ordinance reduces building height so that it is
consistent with the height permitted in the OP-2 District. Under
the current permanent ordinance the permitted height in the R2R
District is two stories not to exceed 25 feet, except sloped
roofs may extend up to 35 feet. The standards in the attached
ordinance permit two stories 23 feet for a flat roof and two
stories 30 feet for a sloped roof.
In addition to the height, the issue of compatibility was raised
by the residents. Buildings lacking street orientation have been
constructed in the area, changing the neighborhood character of
these narrow streets. Therefore, the ordinance encourages new
construction to provide a building entrance oriented toward the
street with a front porch.
PLANNING COMMISSION PROCESS
These standards are proposed on an interim basis while the
Planning Commission examines in more detail various alternatives.
Staff has circulated two issue papers examining the various
alternatives for calculating height in addition to other changes
to the Ocean Park development standards. Two public workshops
have been conducted to gather input on the proposed changes.
Staff is currently preparing the ordinance modifications for City
Attorney review. Planning Commission hearings are anticipated to
occur in the next three to four months.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have a
budget or fiscal impact.
RECOMMENDATION
It is recommended that the City Council introduce for adoption
the interim urgency ordinances for the R2R and OP-2 Districts.
Prepared By: Paul Berlant, Director of LUTM
Suzanne Frick, Principal Planner
Land Use and Transportation Management Department
Program and Policy Development Division
ORDINANCE NUMBER (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA MODIFYING THE DEVELOPMENT
STANDARDS IN THE OP-2 ZONING DISTRICT
ON AN INTERIM BASIS AND DECLARING
THE PRESENCE OF AN EMERGENCY
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) Since the adoption of the Ocean Park Zoning Standards in
September 1989, development projects have been approved on
sloping sites in the OP-2 Ocean Park Low Multiple Residential
District that, while consistent with the ordinance specified
height requirements, are not consistent with the ordinance intent
and are not compatible with the surrounding neighborhood.
(b) The potential for development to the currently specified
height limit in the OP-2 District 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 public health, safety, and welfare.
(c) The Zoning Ordinance requires review and revision as it
pertains to the appropriate development standards for the OP-2
Zoning District.
(d) Pending completion of this review and revision, it is
necessary to modify on an interim basis the existing zoning to
prevent development in the OP-2 District from height
incompatibility with existing structures in neighborhoods with
sloping sites, thereby preventing development inconsistent with
existing land uses in and the general character of the OP-2
District.
(e) On April 23, 1991, the City Council adopted an ordinance
establishing interim standards for the OP-2 District to prevent
the construction of incompatible buildings on sloping parcels.
(f) Two public workshops have been conducted to gather
public input on the proposed changes to the OP-2 development
standards. The public process is still underway, therefore it is
necessary to maintain interim standards until such time as the
permanent standards are in place.
SECTION 2. Interim Zoning.
No development or permit shall be approved pursuant to Chapter 1
of Article IX of the Santa Monica Municipal Code, and no
Subdivision or parcel map shall be approved pursuant to chapter 3
of Article IX of the Santa Monica Municipal Code, for land in the
OP-2 District unless the following findings are made:
(1) The project complies with existing OP-2 property
development standards, except for building height and unexcavated
sideyards, set forth in Chapter 1 of Article IX of the Santa
Monica Municipal Code.
(2) On upsloping parcels where the change in elevation from
front to rear is 10 feet or greater, maximum allowable height for
structures shall conform to the following:
(a) One story 14 feet (including parapets and rails) for
the first 15 feet on the parcel measured back from the front
parcel line. Maximum permitted height shall be measured from the
inside edge of the existing sidewalk (the edge closest to the
front parcel line) and then running parallel to the existing
grade of the parcel.
(b) Two stories 18 feet for a flat roof and 23 feet for
a pitched roof (including parapets and railings) for that portion
of the structure located between 15.1 feet and 30 feet measured
back from the front parcel line. Maximum permitted height shall
be measured from the inside edge of the existing sidewalk (the
edge closest to the front parcel line) and then running parallel
to the existing grade of the parcel to a distance of 30 feet from
the front parcel line.
(c) The maximum permitted height for structures beyond
30 feet from the front parcel line shall be two stories 23 feet
for a flat roof or 30 feet for structures with a pitched roof.
Maximum building height for this portion of the structure shall
be measured vertically from the existing natural grade and then
parallel to the existing natural grade of the parcel to the rear
property line.
(d) The natural grade existing on the parcel, prior to
any new construction, shall be returned to its original state if
excavation occurs. An opening to a garage may remain excavated.
(e) Any portion of a building more than 3 feet above the
existing natural grade shall be counted as a story. The first
story of a structure shall be determined as the portion of the
structure closest to the front property line that extends more
than 3' above the existing natural grade.
(f) No portion of any structure exceeds the maximum
allowable height or permitted number of stories.
(3) The project complies with Section 9040.17 of the Santa
Monica Municipal Code except that parcels having a width of 50 or
greater shall provide an unexcavated area equal to 4 feet in
width along the entire length of one of the side property lines
and an unexcavated area equal to 2 feet 6 inches in width along
the entire length of the other side property line. Parcels in
excess of 70 feet in width, shall provide an unexcavated area of
at least 4 feet in width along the entire length of both side
yards.
(4) For all parcels other than those described in Section
2(2), building height shall conform to the existing OP-2 property
development standards set forth in Chapter 1 of Article IX of the
Santa Monica Municipal Code.
SECTION 3. This Ordinance does not apply to any project the
application for which was deemed complete on or before May 12,
1992.
SECTION 4. This Ordinance shall be of no further force and
effect 45 days from its adoption.
SECTION 5. This Ordinance is declared to be an urgency
measure adopted pursuant to the provisions of Section 9120.6 of
the Santa Monica Municipal Code and Section 615 of the Santa
Monica City Charter. It is necessary for preserving the public
peace, health, and safety, and the urgency for its adoption is
set forth in the findings above.
SECTION 6. 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 7. 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 8. 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 upon adoption.
APPROVED AS TO FORM:
ROBERT M. MYERS
City Attorney