City Council Meeting 5-8-07 Santa Monica, California

ORDINANCE NUMBER (CCS)

(City Council Series)

AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA MODIFYING THE CITY’S ZONING ORDINANCE TO AUTHORIZE A TWO-LOT SUBDIVISION THAT RETAINS A SINGLE-FAMILY RESIDENCE WITH NONCONFORMING SETBACKS UNDER SPECIFIED CIRCUMSTANCES

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

SECTION 1. Findings and Purpose. The Council finds and declares:

(a) Santa Monica Municipal Code Section 9.04.06.010(e) provides that no parcel shall be separated in ownership or reduced in size in any manner so that any yard area is reduced below the minimum required for the district in which the project is located.

(b) Santa Monica Municipal Code Section 9.04.06.070 provides in part that no permit or license for buildings, uses, or purposes shall be issued which would be in conflict with the provisions of this Chapter. Any permit or license issued in conflict with the provisions of this Chapter, shall be null and void.

(c) In the area bounded by Montana Avenue, the northern City limits, Twenty-Sixth Street and Ocean Avenue, the minimum setback for each side yard is equal to ten percent of the parcel width, or a minimum of three feet, six inches whichever is greater.

(d) In the R1 District, the front yard setback is as shown on the Official Districting Map of the City, or if no setback is specified, twenty feet.

(e) A property owner in the R1 District seeking to subdivide a parcel which contains an existing dwelling cannot retain that dwelling if the subdivision would create non-conforming front yard and side yard setbacks even though the newly created nonconforming setbacks would not have physically changed.

(f) When homes in the R-1 District are demolished and replaced or significantly remodeled, the new home is usually considerably larger and therefore diminishes open space, light, views, and neighborhood compatibility.

(g) The proposed amendment would allow a property owner under specified circumstances to subdivide property and retain an existing dwelling even if the subdivision would create nonconforming setbacks.

(h) Allowing the retention of the existing primary dwelling will not be detrimental or injurious to the property or improvements in the general vicinity and district in which the property is located since the physical conditions will not be altered, the neighborhood compatibility will be preserved, and substantial open space will be retained.

(i) The proposed amendment is in keeping with the City’s preservation and sustainability goals to conserve existing resources by allowing existing primary residences to be retained rather than demolished.

(j) The proposed amendment would protect neighborhood compatibility and the retention of adequate open space by only allowing such subdivisions when the existing parcel is 20,000 square feet or greater and the retained primary dwelling will be located on a parcel that is a minimum of 12,500 square feet.

(k) The proposed amendment would protect the right of property owners to subdivide and protect the welfare of both owners and neighbors who would be adversely affected by the forced demolition and subsequent replacement of existing homes.

(l) As detailed above, the existing Zoning Ordinance regulations pose a current and immediate threat to the public health, safety, and welfare. For these reasons, the Zoning Ordinance requires review and revision as it pertains to allowing the retention of an existing primary residence, rather than mandating its demolition, when a two-lot subdivision is proposed.

(m) Pending completion of this review and revision, which will occur as part of the Land Use Element/Zoning Ordinance update, in order to protect the public health, safety, and welfare, it is necessary on an interim basis to modify the Zoning Ordinance to authorize the retention of an existing primary dwelling when a two-lot subdivision is proposed even if this will create non-conforming setbacks.

SECTION 2. The City may approve a two-parcel subdivision which retains an existing primary residence even though the existing residence would not comply with the minimum side yard setback and front yard setback otherwise required by Santa Monica Municipal Code Section 9.04.08.02.070 if the following conditions are met:

(a) The parcel to be subdivided is a minimum of 20,000 square feet.

(b) The parcel upon which the existing house will be located will remain at least 12,500 square feet.

(c) The existing non-conforming setbacks would not physically change

(d) All other findings required for approval of a tentative map as set forth in Santa Monica Municipal Code Sections 9.20.14.030 and 9.20.14.040 are made.

SECTION 3. This ordinance shall be of no further force and effect sixty (60) days from its effective date, 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 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 30 days from its adoption.

APPROVED AS TO FORM:

_________________________

MARSHA JONES MOUTRIE

City Attorney