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Council ~eeting 12-11-79
Santa Monica, California
ORDINANCE NO. 1142
(City Council Series)
AN ORDINANCE OP THE CITY COUNCIL
OF THE CITY OF SANTA MONICA M~ENDING
SECTIONS 91133, 91145, AND 9117B OF
THE SANTA ~ONICA I~CNICIPAL CODE RE-
GARDING PROPERTY DEVELOP~ENT STANDARDS.
SECTION 1. Section 91l3B of the Santa Monica ~unicipal
Code is hereby a~ended and as a~ended shall include
subsection 6 to read as follows:
"6. Permitted Floor Area. Other sections
of this Chapter notwithstanding, the total
adjusted floor area of any building con-
st~ucted in this district shall not exceed
three and three-tenths (3.3) tines the
horizontal area of the co~~ercially zoned
lot or lots exoeDt that buildings in
excess of this limitation ~ay be perr.itted
by the issuance of a Conditio~al Use Per~it
under the provisions of Section 9Illg on
the basis of an e~vironmental and fiscal
analysis satisfacto~ily demonstrati~g that
no signific~1t adverse environnental or
fiscal impacts wil~ occur as a result
of the increased floor area. For purposes
of computing floor area, ~ulti-residential
units devoted strictly to apartment
residential uses shall be computed at one-
,half (1/2) the actual total adjusted floor
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area, and areas devoteu to parking
structures below the first floor level
shall be excluded. T1Pirst floor level"
means t..te floor above :;he basement 9..S 6.e ~ined
in Sec".::ion 9:"02 8f ~f:e ~'b~1.:::.cipa: C:::<i.e ~
SECTION 2. Section 9114B of the Santa Monica Municipal
Code is hereby a~ended and as anended shall include sub-
section II to read as follows:
"6. Permitted Floor Area. Other sec"tions
of this Chapter notwlthsta~ding, the total
adjusted floor area of any building con-
structed in this district shall not exceed
three and three-tenths (3.3) tiNes the
horizontal area of the commercially zoned
lot or lots except tha: buildings in
excess of this limi:ation may be pernitted
by the iss~ance of a Conditional Use Pernit
under the prOVisions of Section 9142 on
the basis of an envi~onmental and fiscal
analysis satisfactorily demonstrating that
no significant adverse environmental or
fiscal impacts will occur as a result
of the increased ~loor area. For purposes
of computing floor area~ nulti-residential
units devoted strictly to apartment
residential uses shall be computed at one-
half (l/2) the actual total adjusted floor
area) and areas devoted to parking
structures below the first floor level
shall be excluded. "First floor level"
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means the floor ~~8Ve ~~e t~se~ent as de~ined
in Sectic~ 9lJ2 of ~he ~un~cipa: Code.
SECTION 3. Section 9l17B of the Santa Monica Municipal
Code is hereby a~ended and as anended shall include sub-
section 6 to read as follows:
"6. Pernitted Floor Area. Other sections
of this Chapter notwithstanding, the total
adjusted floor area of any building con-
s~ructed in this district shall not exceed
three and three-tenths (3.3) times the
horizontal area of the co~ercially zoned
lot or lots excent that buildi~gs in
excess of this linitation may be permitted
by the issuance of a Conditional Use Permit
under the provisions of Section 9148 on
the basis of an environ~ental and fiscal
analysis satisfactorily denonstrati~g tha~
no signi~icant adverse environMental or
fiscal iMpacts will occur as a result
of the increased floor area. Por purposes
of computing rloor area, Nulti-resldentlal
units devoted strictly to apart~en~
residential uses shall be computed at one-
half (1/2) the actual total adjusted ~loor
area, and areas devoted to parking
structures below the firs~ rloor level
shall be excluded. "First floor level"
~eans ~~e ~loor &ocve t~e bas2~en~ as ce:ined
:..r:. Secti2'Y: 9102" c~ "':~!e 1~-.J.r.;.icip21 C':]G.e.
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SECTION 4. Vested rights. A person having a project
subject to this ordinance shall be deemed to have a vested
right to complete such project notwithstanding the terms of
this ordinance if, on November 13, 1979, such person had
expended su~s in excess of 10% of the projected costs of the
project for purposes that are directly related to the floor
area of the building, in good faith reliance on tbe non-
existence of the floor area limitations of this ordinance.
By way of ex&~ple, but not of li~itation> SUflS spent on
engineering and architectural plans, maps, and solI analysis
are direc~ly related to the floor area of a building; costs
of land acquisition, financing, and legal fees are not so
related.
SECTION 5. Any provision of the Santa Monica ~unicipal
Code or appendices thereto inconsistent therewith, to the
extent of s~ch inconsistencies and no fur~her, are hereby
repealed or modified to that extent necessary to affect the
provisions of this ordinance.
SECTION 6. 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 ~ourt of
any COMpetent jurisdiction, such decision shall not affect
the validity of the reMaining portions of the ordinance.
The City Council hereby declares tha3 it would have passed
this ordinance and each and every section, subsection,
sentence, clause or phrase not declared inval~d or un-
constitutional without regard to whether any portion of
the ordinance would be sUbsequently declared invalid or
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unconstitutional.
SEC~ION
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The Mayor shall sign and the City Clerk
shall attest to the passage of this ordinance. The City
Clerk shall cause the sa~e ~o be published once in the official
ne\'rspaper 1dthin fifteen (15) days after its adoption. The
ordinance shall become effective after thirty (30) days
from its adoption.
APPROVED AS TO FORM:
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RICHARD L. KNICKERBOCKER --
City Attorney
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ADOPTED AND APPROVED THIS
11th.
DAY
OF
Decef.lber
J 1979.
(>(;P/b J1(j' <<~,} I J -
Y VY.,.,.~{ . !' jIL~,t(A,. f,L{.{ ~
( J!~ MixhR. -, -
I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE)
No. 1142 I WAS DULY AND REGULARLY INTRODUCED AT A MEETING OF
THE CITY COUNCIL ON THE 13th.DAY OF l\ovember J 1979i THAT
THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED AT A MEETING
OF THE CITY COUNCIL ON THE 11th. DAY OF December
BY THE FOLLOWING COUNCIL VOTE:
} 1979
AYES:
COUNCIlMEMBERS: Yannatta Goldway~ Jennlngs, Reed,
Rhoden, Scott, van der Steenhoven
and Bambrlck
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: None
ATTEST:
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