O1071
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CA 77-~ RLK:jak
COunC1..,tg: 10-25-77
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REVISION 2.
ORDINANCE NO.
1071
(City Counc~l Series)
AN ORDINAi~CE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA AHENDING
CHAPTER 1 OF ARTICLE IX OF THE SANTA
MONICA MUNICIPAL CODE AN~ DELETING
SECTIONS 9116Bl AND 91l7B1 GOVERNING
THE HEIGHTS OF BUILDINGS IIi THE C3
AND C4 COr1MERCIAL DISTRICTS.
SECTION 1.
Sections 911GBl and 9l17Bl of Chapter
I Artlcle IX of the Santa r10nica Munlclpal Code are deleted
in the~r ent~rety and two new sections enacted to read as
follows:
"Section 9116B1. BUILDING HEIGHT. The
height of any bUlldlng or structure erected
ln thlS dlstrlct shall be 11mited to six (6)
stories or nlnety (90) feet except that
bUlldings or structures In excess of thlS
limitation may be permitted by the issuance
of a Conditional Use Permit under the prOV1S10ns
of Sectlon 9148 provided that:
a) Approval of bUlldings or structures
ln excess of SlX (6) storles and nlnety (90)
feet In helght but not more than twelve (12)
storles and one hundred Slxty (160) feet In
height shall be only on the basis of an
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Environmental and Fiscal Analysls satlS-
factor~ly demonstrat~ng that no s~gniflcant
adverse environmental or flscal impacts
will occur as a result of the increased
height.
b) Approval of bUlldings or structures
ln excess of twelve (12) stories or one
hundred sixty (160) feet shall be only on
the basis of an Environmental and Flscal
Analysls demonstratlng that any and all
portlons of a buildlng or structure ln excess
of twelve (12) stories or one hundred Slxty
(l60) feet do not result ln s~gniflcant
adverse lmpacts over and above those occurrlng
at the twelve (12) story, One hundred Slxty
(l60) foot Ivmltatlons; and, further, that
such additional allowance w~ll produce a
demonstrated, measurable net fiscal beneflt
to the Clty.
Sectlon 91l7Bl. BUILDING HEIGHT The
height of any bUlldlng or structure erected
~n thls dlstrict shall be limited to six
(6) storles or ninety (90) feet except that
bUlldlngs or structures in excess of thlS
1imitatlon may be permltted by the issuance
of a Cond~tlonal Use Permlt under the proVlslons
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of Section 9148 provlded that~
a) Approval of bUlldings or structures
ln excess of six (6) storles and ninety (90)
feet in helght but not more than twelve (12)
stor~es and one hundred sixty (l60) feet in
helght shall be only on the bas~s of an
EnVlronmental and Fiscal Analysls satls-
factorily demonstrating that no s~gnlflcant
adverse environmental or fiscal lmpacts
wll1 occur as a result of the increased
helght.
b) Approval of bU11dings or structures
in excess of twelve (12) stories or one
hundred Slxty (160) feet shall be only on
the basis of an Envlronmental and Fiscal
Analys~s demonstrat~ng that any and all
portions of a building or structure in excess
of twelve (12) storles or one hundred sixty
(160) feet do not result in s1gnificant adverse
impacts over and above those occurring at the
twelve (12) story, one hundred sixty (160) foot
11mitations; and, further, that such addltional
allowance wlll produce a demonstrated, measur-
able net fiscal beneflt to the Clty.tI
SECTION 2.
Sectlon 9148A of Chapter 1 Article
IX of the Santa Monica Munlc1pal Code relating to conditlonal
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use permlts is hereby amended by addlng Seclton 9148Al to
read as follows:
"Sectlon 9148Al. Permlt buildlngs or
structures in the C3 General Commercial
and C4 Highway Co~erclal Distrlcts to
exceed S1X (6) stories or ninety (90)
feet provided that:
1. Approval of buildings or structures
in excess of SlX (6) storles or n~nety (90)
feet in helght but not more than twelve (l2)
storles and one hundred 51Xty (160) feet ln
helght shall be only on the basls of an
Environmental and Flscal Analys~s satis-
factorily demonstrating that no significant
adverse environmental or fiscal impacts will
occur as a result of the 1ncreased height.
2. Approval of buildlngs or structures
ln excess of twelve (l2) storles or one
hundred SlXty (160) feet shall be only on the
basis of an Environmental and Fiscal Analysis
demonstrating that any and all portlons of a
buildlng or structure in excess of twelve (12)
stories or one hundred slxty (160) feet do not
result ln signlflcant adverse lmpacts over
and above those occurrlng at the twelve (12)
story, one hundred SlXty (160) foot llmitat1on~
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CA77-11
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and, further, that such add~tional
allowance w111 produce a demonstrated,
measurable net fiscal benefit to the City.
"3. Notwlthstanding any other provislon of
law, any bU1ldlng rneetlng the standards set forth here1n, must
be approved.
SECTION 3 .
Any provisions of the Santa Monica
Munlclpal Code or appendlces thereto inconSlstent herewith,
to the extent of such lnconsistencies and no further, are
hereby repealed or modified to that extent necessary to effect
the prov1slons of thls ordlnance.
SECTION 4 .
If any section, subsection, sentence,
clause or phrase of this ord1nance lS for any reason held to
be 1nva11d or unconstitutional by a decls10n of any court of
competent Jurisdlctlon, such decision shall not affect the
validlty of the remaln1ng portlons of the ordlnance. The City
Councll hereby declares that lt would have passed this
ordinance and each and every section, subsect10n, sentence,
clause or phrase not declared lnvlald or unconstitutional
wlthout regard to whether any portion of the ord1nance would
be subsequently declared invalld or unconstitutlonal.
SECTION 5.
The Mayor shall s1gn and the City
Clerk shall attest to the passage of this ordlnance. The
City Clerk shall cause the same to be published once 1n the
official newspaper w1thln fifteen (15) days after its adoption.
The ordlnance shall become effectlve after thirty {30) days
from its adoption.
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ADOPTED and APPROVED this 8th day of
Ngvember
,
1977.
" fl/J 0 fJ
!l tnutd~.~vn
MAYOR' ,
v ~
ATTEST:
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CITY ~CI ERr\:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF SANTA MONICA
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I do hereby certlfy that the foregoing ordlnance was
duly and regularly lntroduced at a rneetlng of the Clty Councll
on the 25th day of
October
, 1977; that thereafter
the said ordlnance was duly adopted at a meetlng of the Clty
CounCll of the 8th day of
November
, 1977 by the
followlng vote of the Council:
AYES:
COUNCILMEMBER: Reed, Scott, Trives,
van den Steenhoven,
}'1ayor SlHnk
NOES:
COUNCILMEMBER: Bambrlck, Cohen
ABSENT:
COUNCILMEMBER: None
APPROVED AS TO FORJ.l:
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/....../C:P.t'y CLERK
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