|
|
City
Council Report |
City Council Meeting: October
27, 2009
Agenda Item: 7-B
To: Mayor and City Council
From: Eileen Fogarty, Planning &
Community Development Director
Subject: Extension
of Interim Ordinance No. 2295(CCS) which Modified the Ocean Park High Multiple
Residential (OP-4) District Development Standards until November 10, 2011.
Recommended
Action
Staff
recommends that the City Council introduce for first reading an interim ordinance
extending Ordinance No. 2295 (CCS) until November 10, 2011.
Executive
Summary
Interim Ordinance No. 2295 (CCS), originally
introduced on September 8, 2009, modified the side yard setback standards on lots 50’ or greater in width in
the OP-4 district, requiring a minimum side yard setback of 8’ for portions of
buildings with a secondary window, blank wall, or
primary window on a side yard facing the street (i.e., on a corner lot) and a
minimum side setback of 12’ portions of buildings with primary windows. In addition, the interim ordinance requires
that developments on parcels in excess of 99’ in width incorporate courtyards
and adds references to third floor setbacks and private open space for three
story structures that were erroneously omitted from current Code. No changes
are proposed to the existing interim ordinance whose provisions will be
extended until November 10, 2011 by the attached ordinance.
Discussion
The intent of Interim Ordinance No. 2295 (CCS)
was to ensure that large primary windows in the OP-4 district are always set
back further from the side property lines than smaller windows or blank walls
on all sized parcels to provide for more privacy between adjacent properties.
As indicated in the September
8, 2009 Council staff report, the interim ordinance also requires
street-facing central courtyard for developments on parcels which exceed 99’ in
width. The purpose of the courtyard
requirement was to reduce the mass of the building at the streetfront, improve
the pedestrian orientation of the building at the sidewalk and provide
meaningful common open space within the development. The interim ordinance also
adds references to third floor setbacks and private open space for three story
structures that were erroneously omitted from current Code.
At this time, staff recommends extension of the interim ordinance
text with no changes until November 10, 2011. It is likely that the Land Use
and Circulation Element and subsequent Zoning Ordinance changes will be
completed before the expiration of the extended interim ordinance and permanent
standards will be adopted at that time.
Alternatives
As an alternative to
the recommended action of extending the interim ordinance, Council may choose
to allow this interim ordinance to expire, in which case the existing
development standards for the OP-4 district would govern until the anticipated
Zoning Ordinance update or initiate permanent adoption of the text change.
Environmental Analysis
The proposed interim ordinance is exempt from the provisions
of the California Environmental Quality Act (CEQA) pursuant to Section
15061(b)(3) of the State Implementation Guidelines in that CEQA applies only to
projects having the potential to cause a significant effect on the environment.
The interim ordinance includes only a minor modification to development
standards in the OP-4 district.
Public Outreach
Notice of the proposed ordinance extension and the Council hearing
was published in the Santa Monica Daily
Press a minimum of 10 days prior to the hearing.
Financial Impacts &
Budget Actions
The
recommendation presented in this report has no budget or financial impact.
Prepared by:
Paul Foley,
Principal Planner
|
Approved: |
|
Forwarded to Council: |
|
|
|
|
|
Eileen
Fogarty, Planning & Community Development Department |
|
P. City Manager |
ATTACHMENTS:
A. Proposed Interim Ordinance extending provisions of Interim
Ordinance No. 2295 (CCS)
ATTACHMENT
A
Proposed
Ordinance
City Council Meeting: 9-8-09
ORDINANCE NUMBER ___ (CCS)
(City Council Series)
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MONICA
THE
CITY COUNCIL OF THE CITY OF
SECTION 1. Findings and Purpose. The
City Council finds and declares:
(a) The Ocean Park Multiple Residential Districts
were created in 1989 to preserve the unique character of the
The property
development standards contained in the Zoning Ordinance for the OP-4 district
reflect the desire to maintain privacy between adjacent properties and create
open space given the mixture of residence types, lot sizes and building heights
and topography.
(c) Included in the property development standards for the OP-4 district are requirements for increased side yard setbacks for portions of buildings that include large windows or glass doors within active living spaces, including living rooms, family rooms, dining rooms or libraries and requirements for common open space.
(d) The Code required side yard setbacks in the OP-4 district,
however, can result in unintended consequences for exceptionally wide parcels
because when three-story buildings are proposed on parcels 125’ or more in
width in the OP-4 district, the side yard setback requirements for portions of
buildings with blank walls and smaller (secondary) windows are equal to or
greater than those than those with large (primary) windows or glass door.
(e) Modifications to the side yard setback
standards are warranted for large parcels in the OP-4 district to ensure that
primary windows and glass doors are set back a sufficient distance from the
adjacent property to maintain privacy.
(f) Modifications to development standards are
also warranted for large parcels in the OP-4 district through requirements for
courtyards for developments on large parcels in order to reduce the mass of
buildings at the streetfront, enhance pedestrian orientation at the sidewalk,
ensure neighborhood compatibility and provide more meaningful common open space.
(g) The City Council conducted
a public hearing and adopted the initial interim ordinance, Ordinance No. 2295
(CCS), on September 22, 2009.
(h) As detailed above and in the September 8, 2009 City Council staff
report, there exists a current and immediate
threat to the public health, safety and welfare should the interim ordinance
not be adopted. Allowing development on large parcels in the OP-4 zoning
district could be inconsistent with general intent and purpose in the Zoning
Ordinance and Land Use Element in that the purpose of the Ocean Park district
standards are to maintain and protect the existing character and state of the
residential neighborhood. For these reasons, the Zoning Ordinance requires
review and revision as it pertains to specified development standards in the
OP-4 zoning district.
(h) 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 extend the provisions which modify the Zoning
Ordinance to require additional side yard setbacks for primary windows and
courtyards for developments on parcels ninety-nine (99) feet or wider.
SECTION 2. Interim Zoning. Notwithstanding Santa Monica Municipal Code
Section 9.04.08.54.060, the following property development standards shall
apply:
All
property on the OP-4 Ocean Park High Multiple Residential District shall be
developed in accordance with the following standards:
(a)
(b) Maximum
Unit Density. One dwelling unit for each twelve hundred fifty square feet
of lot area. An additional unit shall be allowed if excess lot area equals or
exceeds six hundred twenty-five square feet, after calculating the allowed
number of units at twelve-hundred fifty square feet of lot area per unit.
(c) Maximum
(d) Minimum
(e) Front
Yard Setback. Fifteen feet minimum, or ten feet minimum if the average setback
of adjacent dwelling(s) is ten feet or less. An open one-story, covered or
uncovered porch open on three sides may encroach six feet into a front yard
with a fifteen-foot setback, if the roof does not exceed a height of fourteen
feet and the porch width does not exceed forty percent of the building width at
the front of the building.
(f) Rear
Yard Setback. Fifteen feet.
(g) Side
Yard Setback.
(1) The side yard setback for that portion of
a building with a secondary window, blank wall, or primary window on a side
yard facing the street (i.e., on a corner lot) shall be a minimum of eight (8)
feet.
|
|
|
|
|
|
(A) On lots of
less than fifty feet in width, the side yard shall be ten percent of the parcel
width but not less than four feet.
(B) On corner lots fifty feet or greater in
width, the side yard setback facing a street shall be a minimum of ten feet.
Covered or uncovered stairways or porches not exceeding thirty-five percent of
the building frontage on the side street may encroach five feet into the
required side yard.
(2) The side yard setback for that portion of
a building with a primary window shall be as follows:
(A) For lots less than fifty feet in width, a
minimum setback of eight feet shall be provided, as long as at all times a twelve-foot
separation exists between the primary window and any adjacent structures;
(B) For lots fifty feet or greater in width,
a minimum setback of twelve feet shall be provided.
(3) The second and third floor side yard
setback above a primary window shall not project more than two feet into the
required side yard setback.
(h) Building
Spacing. Buildings that face each other on the same lot shall be separated
by the following minimum distances: fifteen feet if one building has primary
windows facing the other; twenty-five feet when the windows of primary spaces
in both buildings face each other on the ground or second level, except fifteen
feet when they are visually separated by a solid wall or opaque fence over five
feet six inches in height; ten feet when secondary windows face each other or
when a secondary window faces a blank wall.
(i) Landscaping.
All areas not covered by buildings, driveways and sidewalks are to be covered
by appropriate landscaping. All new construction that requires issuance of a
building permit shall be subject to the provisions of Part 9.04.10.04 of the
Zoning Ordinance.
(j) Usable
Private Open Space. All ground-level units shall have the following minimum
amounts of usable private open space per unit: one hundred square feet for
projects consisting of at least two but not more than seven dwelling units, and
fifty square feet for projects of eight units or more. Private open space shall
include a deck, yard, patio or combination thereof, which is adjacent to,
accessible from, and at the same or approximate elevation as one or more
primary spaces. The minimum dimension of at least one such private open space
shall be no less than seven feet in any dimension. Private open space shall be
screened from common open space, driveways and adjacent properties by a
substantially opaque wall or fence a minimum of three feet six inches and a
maximum of six feet in height, except in the front yard setback area. Required
private open space may be reduced by one square foot for each additional square
foot of common open space added but in no case leaving less than fifty feet of
required private space. All second and third floor units shall have a balcony
or deck of fifty square feet or more, with a minimum dimension of no less than
seven feet in any dimension, which is adjacent to, accessible from, and at the
same or approximate elevation as one or more primary spaces of the unit to be
served. Roof decks do not meet this requirement. The railing of the balcony or
deck shall be substantially opaque to protect the privacy of occupants. First
floor private open space may project into the entire width of the side yard,
and ten feet into the required depth of the rear yard. Private open space may
project six feet into the required front yard as long as its width does not
exceed thirty percent of the building width at the front of the building.
(k) Usable
Common Open Space. Projects of four or more units shall include a minimum
of one hundred square feet per unit of usable common open space, accessible and
available to all project residents for outdoor activities. Courtyards, entry
areas for two or more units, lawns and play spaces which are physically
separated from private open space, and active recreation spaces such as
swimming pools and sports courts, shall count toward fulfillment of this
requirement. The rear yard may count toward fulfillment of the common open
space requirement, provided it is usable and accessible. Side yards and
portions of driveways which are decorated or interspersed with lawn or other
acceptable groundcover may meet a portion of the requirement, subject to
architectural review, pursuant to Part 9.04.10 of the Zoning Ordinance. The
minimum dimension of at least one such space shall be ten feet in any
direction.
Any
practical combination of lawn, paving, decking, concrete or other serviceable
dust free material shall be used to surface common open space areas, with a
slope of not more than five percent. A minimum of thirty percent of the common
open space area shall include lawn or other acceptable groundcover.
Required
open space may not include public or private streets, driveways or utility
easements where the ground surface cannot be used appropriately for open space
or front yards.
Required
common open space may be reduced by one square foot for each additional square
foot of private open space added beyond the required private open space.
(l) Courtyards. Parcels having a width greater than
ninety-nine feet shall provide a courtyard centered on the lot. Courtyards
shall comply with the following design criteria:
(1) Courtyards shall be no less than ten
percent of the total lot area and must be designed to accommodate a rectangular
area not less than one thousand square feet with a minimum width of eighteen
feet measured parallel to the front parcel line. Required setback area shall
not count toward the minimum width or one thousand square foot requirement.
(2) Courtyards shall be open to the sky, but
may include permitted projections set forth in Section 9.04.10.02.180 of the
Zoning Ordinance for side yard projections. Courtyards shall be visible and
accessible from the sidewalk and each ground floor unit. If mechanical or
utility equipment is placed in the courtyard, it shall be screened visually and
acoustically and shall not encroach into the minimum courtyard area.
(3) Courtyard entry gates, if provided, shall
be seventy percent transparent to the courtyard, designed in a complementary
style to the building’s architecture, and constructed using high quality,
durable materials.
(m) Development
Review. Except for projects listed in Santa Monica Municipal Code Section
9.04.10.14.050(b), a development review permit is required for any development
of more than fifteen thousand square feet of floor area.
(n) Other
Property Development Standards. All
other property development standards set forth in the Zoning Ordinance for
property in the OP-4 Ocean Park Multiple Residential District shall apply
except to the extent they are inconsistent with the standards set forth in this
Section 2.
SECTION 3. This ordinance shall be of no further force
and effect after November 10, 2011, 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