Item 8-B

City Council Meeting: 02-16-99 Santa Monica, California

TO: Mayor and City Council

FROM: City Attorney

SUBJECT: An Ordinance of the City Council of the City of Santa Monica Amending Section 9.04.08.02.070 of the Santa Monica Municipal Code to Increase the Minimum Lot Width Requirements From 50 Feet to 100 Feet and the Minimum Lot Depth Requirements From 100 Feet to 175 Feet For R1 Zoned Parcels Within The Area Bounded by The Center Lines of First Court Alley, Seventh Street, Montana Place North Alley, and Adelaide Drive

Introduction

At its meeting on February 9, 1999, the City Council introduced for first reading an ordinance amending Municipal Code Section 9.04.08.02.070 to increase the minimum lot width requirements from 50 feet to 100 feet and the minimum lot depth requirements from 100 feet to 175 feet for R1 zoned parcels within the area bounded by the center lines of First Court Alley, Seventh Street, Montana Place North Alley, and Adelaide Drive. The ordinance is now presented to the City Council for adoption.

Recommendation

It is respectfully recommended that the accompanying ordinance be adopted.

PREPARED BY: Marsha Jones Moutrie, City Attorney

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ORDINANCE NUMBER ____ (CCS)

(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA

AMENDING SECTION 9.04.08.02.070 OF THE SANTA MONICA MUNICIPAL

CODE TO INCREASE THE MINIMUM LOT WIDTH REQUIREMENTS FROM

50 FEET TO 100 FEET AND THE MINIMUM LOT DEPTH REQUIREMENTS

FROM 100 FEET TO 175 FEET FOR R1 ZONED PARCELS WITHIN THE

AREA BOUNDED BY THE CENTER LINES OF FIRST COURT ALLEY,

SEVENTH STREET, MONTANA PLACE NORTH

ALLEY, AND ADELAIDE DRIVE

WHEREAS, the area of the City bounded by Seventh Street, Adelaide Drive, First Court Alley, and Montana Place North Alley is located within the Palisades Tract which was originally subdivided in 1905; and

WHEREAS, this area constitutes a unique and distinctive neighborhood; and

WHEREAS, among the Palisades Tract's special characteristics are: 100 foot wide streets, as opposed to the 60 foot to 80 foot wide streets typical for other R1 zoned areas of the City; parcels with 100 feet of street frontage, as opposed to the typical R1 parcel street frontage of 50 feet; 175 foot parcel depths, as opposed to the typical 150 foot deep parcels found throughout most of the City; 40 foot front yard setbacks, as opposed to the 20 foot to 30 foot front yard setbacks in most of the other R1 areas of the City; and parkways and sidewalks which are on average 25 feet in width; and

WHEREAS, each of these features has a direct and substantial impact on the character and scale of the neighborhood; and

WHEREAS, the Palisades Tract was designed and developed to accommodate large homes with large yards, and consequently, the Palisades Tract presently contains large, old homes surrounded by substantial yards and gardens; and

WHEREAS, as a result of its broad streets and pathways, large lots, old homes, ample yards and gardens, and substantial setbacks, the Palisades Tract provides more open space than any other residential neighborhood in the City; and

WHEREAS, the City itself is extremely dense with a land area of just 8 square miles and a population of approximately 90,000 people; and

WHEREAS, the combination of an ocean side location, fine climate, vigorous economy, and urban facilities, services and entertainment venues make the City an extremely desirable place to work or visit; and

WHEREAS, on any weekday, approximately 300,000 persons are present in the City, and on weekends, this number frequently climbs to 500,000 or more; and

WHEREAS, population density and congestion both present threats to the quality of life in the City; and

WHEREAS, given the City's density, the Palisades Tract and the open space it provides are unique recreational and aesthetic assets, providing a neighborhood in which City residents and visitors frequently walk and bicycle due to its special ambience; and

WHEREAS, although the Palisades Tract was subsequently expanded in 1912 eastward, that portion of the Palisades Tract was not developed in the same scale and character as the original Palisades Tract and is not included within the scope of this ordinance; and

WHEREAS, between 1947 and the early 1970's, a number of subdivisions of the parcels occurred in the Palisades Tract having been approved administratively as a matter of right; and

WHEREAS, in 1976, the City Council adopted Ordinance 1024 which repealed the right to subdivide lots as a matter of right and required public notice of a variance application to approve lot splits under certain conditions; and

WHEREAS, in 1984, the City Council adopted Ordinance 1294 to implement the State Subdivision Map Act and require Planning Commission approval of subdivision requests; and

WHEREAS, since 1976, no lot split has been approved in the Palisades Tract which has resulted in the majority of the original 100 foot parcels in the Palisades Tract still being intact and the original character and scale of the tract still being maintained; and

WHEREAS, the loss of any additional 100 foot parcels would adversely and irrevocably change the character and scale of the Palisades Tract for the following reasons: (1) Reducing lot width from 100 feet to 50 feet would reduce the required sideyard setback by 50%, resulting in less open space between homes and greater development density (2) Reducing lot width would also result in the removal of older homes in the neighborhood and (3) Splitting an existing 100 foot wide parcel into two 50 foot wide parcels would be inconsistent with the original design and plan for the character and scale of the Palisades Tract; and

WHEREAS, within the past two years, real estate values in the City have risen significantly, and the City has received two applications for subdivisions of lots in the Palisades Tract; and

WHEREAS, the City anticipates that other applications will be forthcoming; and

WHEREAS, in response to these facts, the City Council adopted Ordinance Number 1892 (CCS) on December 16, 1997, which ordinance established a 45 day moratorium on subdivisions in the area bounded by Ocean Avenue, Seventh Street, Adelaide Drive, and Montana Avenue, pending this revision to the Santa Monica Municipal Code; and

WHEREAS, on January 27, 1998, the City Council adopted Ordinance Number 1897 (CCS) which extended the moratorium for an additional 48 months; and

WHEREAS, on March 24, 1998, the City Council directed staff to research and prepare a permanent Zoning Ordinance amendment; and

WHEREAS, in order to ensure that this proposed ordinance addressed all R1 properties within the Palisades Tract west of Seventh Street, staff reexamined the boundaries in the interim ordinance and recommended that the boundaries be established as the center lines of Ocean Avenue, Seventh Street, Montana Place North and Adelaide Drive; and

WHEREAS, on October 7, 1998, the Planning Commission adopted a Resolution of Intention giving notice of its intention to conduct a public hearing to consider a recommendation to amend the Zoning Ordinance in accordance with the City Council direction; and

WHEREAS, on November 4, 1998, the Planning Commission held a public hearing on the proposed zoning text amendment and recommended that Section 9.04.08.02.070 of the Santa Monica Municipal Code be amended to increase the minimum lot width requirement from 50 feet to 100 feet and the minimum lot depth requirement from 100 feet to 175 feet for R1 Zoned parcels located within the boundary described above; and

WHEREAS, in response to Commission comments, staff recommended to the City Council that the western boundary of the area affected by this proposed amendment be the centerline of First Court Alley rather than the centerline of Ocean Avenue; and

WHEREAS, the City Council held a public hearing on the proposed Zoning Ordinance Text Amendment on February 2, 1999; and

WHEREAS, the City Council finds and declares that the proposed amendment is consistent in principle with the goals, objectives, policies, land uses, and programs specified in the adopted General Plan, specifically, Policy 1.10.1 of the Land Use and Circulation Element, which provides in relevant part that the City shall "Encourage the development of new housing in all existing residential districts, while still protecting the character and scale of neighborhoods;" and

WHEREAS, preservation of the neighborhood character and scale would result from this text amendment based on the detailed findings set forth above; and

WHEREAS, the City Council finds and declares that the public health, safety and general welfare require the adoption of this proposed ordinance in that Santa Monica Municipal Code Section 9.04.08.02.010 provides in relevant part that "the R1 District serves to maintain and protect the existing character of the residential neighborhood" and these qualities cannot be preserved and protected in the above-described portion of the Palisades Tract without further preventing the subdivision of lots within this area; and

WHEREAS, subdivision of lots within this area would detrimentally impact the scale and character of this portion of the Palisades Tract which is an exceptional City asset enjoyed by residents and visitors; and

WHEREAS, approval of lot splits less than the minimum standards established by this proposed ordinance would irreversibly alter the essential character and scale of the Palisades Tract and deprive the City of a unique and essential resource.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Section 9.04.08.02.070 of the Santa Monica Municipal Code is amended to read as follows:

9.04.08.02.070 Property development standards.

All property in the R1 District shall be developed in accordance with the following standards:

(a) Maximum Building Height.

(1) Two stories, not to exceed 28 feet, which includes all building elements except chimneys and required vents;

(2) On lots of more than 20,000 square feet with a minimum front parcel line dimension of 200 feet, the height shall not exceed 35 feet for a pitched roof or 28 feet for other types of roofs.

(b) Maximum Unit Density. One dwelling unit per parcel, except where a Use Permit has been approved for a duplex as permitted by Section 9.04.08.02.040(a).

(c) Minimum Lot Size. 5,000 square feet. Each parcel shall contain a minimum depth of 100 feet and a minimum width of 50 feet except for parcels bounded by the center lines of First Court Alley to the west, Seventh Street to the east, Montana Place North Alley to the south, and Adelaide Drive to the north, which shall contain a minimum width of 100 feet and a minimum depth of 175 feet. Any parcel existing on the effective date of this Chapter shall not be subject to this requirement.

(d) Maximum Parcel Coverage. 40 percent except that parcels between 3,001 and 5,000 square feet may have a parcel coverage of 50 percent, and parcels of 3,000 square feet or smaller may have a parcel coverage of 60 percent.

(e) Front Yard Setback. As shown on the Official Districting Map of the City, or, if no setback is specified, 20 feet.

(f) Additional Front Stepback Above 14 Feet in Height. For new structures or additions to existing structures, any portion of the front building elevation above 14 feet exceeding 75 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 10 feet.

As used in this Chapter, "maximum buildable 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. 25 feet.

(h) Additional Rear Stepback Above 14 Feet in Height. For new structures or additions to existing structures, any portion of the rear building elevation above 14 feet exceeding 75 percent of the maximum buildable rear elevation shall be stepped back from the rear setback line an additional average amount equal to four percent of parcel depth, but in no case resulting in a required stepback greater than 10 feet.

(i) Side Yard Setback. Ten percent of the parcel width or a minimum of three feet six inches, whichever is greater, but in no case greater than 15 feet. (See also Section 9.04.10.02.190.)

(j) Additional Side Stepbacks Above 14 Feet in Height. For new structures or additions to existing structures, any portion of the side building elevation above 14 feet exceeding 50 percent of the maximum buildable side elevation shall be stepped back from the side setback line an additional one foot for every 2 feet 4 inches above 14 feet of building height to a maximum height of 21 feet.

(k) Additional Side Stepback Above 21 Feet in Height. No portion of the building, except permitted projections, shall intersect a plane commencing 21 feet in height at the minimum sideyard setback and extending at an angle of 45 degrees from the vertical toward the interior of the site.

(l) Front Yard Paving. No more than 50 percent of the required front yard area including driveways shall be paved, except that lots with a width of 25 feet or less may have up to 60 percent of the required front yard area paved.

(m) Modifications to Stepbacks Above 14 Feet in Height. The stepback requirements of subsections (f), (h), (j), and (k) of this Section may be modified subject to the review and approval of the Architectural Review Board if the 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.

(n) Driveways. No more than one driveway per parcel to a public street shall be permitted on parcels less than 100 feet in width.

(o) 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.

(p) Access to Subterranean Garages and Basements.

(1) Up to a total of 50 square feet of area in the side and rear yards may be utilized for lightwells 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, lightwell, window or other such element to a subterranean or semisubterranean 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.

(q) 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.

SECTION 2. Ordinance Number 1897 (CCS) is hereby repealed.

SECTION 3. 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 effect the provisions of this Ordinance.

SECTION 4. 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 5. 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:

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MARSHA JONES MOUTRIE

City Attorney