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O1582 e e CA:RMM:height3/hpc/pc city council Meeting 4-16-91 Santa Monica, California ORDINANCE NUMBER 1582(CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA LIMITING DEVELOPMENT BY REDUCING ON AN INTERIM BASIS ALLOWABLE BUILDING HEIGHTS ALONG PALISADES BEACH ROAD BETWEEN THE SANTA MONICA PIER ON THE SOUTH AND THE NORTH CITY LIMITS AND DECLARING THE PRESENCE OF AN EMERGENCY THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Findings and Purpose. The city Council finds and declares: (a) A significant level of residential housing development activity has occurred along Palisades Beach Road between the Santa Monica pier and the north City limits since January 1, 1989. (b) The majority of undeveloped lots along Palisades Beach Road between the Santa Monica pier and the north city limits are zoned R4 which allows a maximum height of 45 feet. (c) During this period, at least twelve (12) projects have been proposed which exceed the current R1 maximum height standards of two (2) stories, 28 feet. Some of the proj ects currently being built or being planned are 45 feet in height, which exceeds the Rl height standards by over fifty percent - 1 - e e (50%). These projects limit coastal views, and affect light and shadows in the area. (d) The proposed Local Coastal Plan (LCP) of the City of Santa Monica proposes limiting height in this area to a maximum of two (2) stories, 28 feet unless the property is less than thirty (30) feet in width. Under the proposed LCP, residences on properties which are less than thirty (30) feet in width could be no higher than three (3) stories, 35 feet for a flat roofed development, and three (3) stories, 40 feet in height for a pitched roof development. (e) If current development activity is allowed to continue additional projects will be built along Palisades Beach Road in excess of the R1 height standards which will thwart the purposes of the LCP. (f) Projects along Palisades Beach Road which exceed thirty (30) feet in height pose a threat to the public health, safety and welfare of the residents of Santa Monica, limit coastal views, light, and pose a threat to the existing character of the neighborhood. (g) Pending possible re-zoning of the area and adoption of the proposed LCP, it is necessary to limit on an interim basis the maximum building height that will be permitted along Palisades Beach Road. SECTION 2. Interim Height Limitations. Subj ect to the provisions of section 3 of this ordinance, the Planning commission and City staff are directed after April 16, 1991, to disapprove all requests for the issuance of building permits and - 2 - e . tentative maps, tentative parcel maps, administrative approvals, development review permits, conditional use permits, or any other city permits for the construction, erection, conversion, or moving of any structure on properties located on Palisades Beach Road between the Santa Monica Municipal pier on south and the north city limits that exceed thirty (30) feet in height. SECTION 3. The following applications are exempt from the provisions of Section 2 of this Ordinance: (a) Any building or structure for which a building permit was issued on or before April 16, 1991. (b) Any project for which a vesting tentative map application was filed and deemed complete on or before April 16, 1991. SECTION 4. This ordinance shall be of no further force and effect forty-five (45) days from its adoption, unless prior to that date, after a public hearing, noticed pursuant to Section 9131.5 of the Santa Monica Municipal Code, the City Council, by majority vote, extends the interim ordinance as provided by Section 9120.6 of the Santa Monica Municipal Code. SECTION 5. This ordinance is declared to be an urgency . measure adopted pursuant to the provisions of Section 9120.6 of the Santa Monica Municipal Code and Section 615 of the Santa Monica City Charter. It is necessary for preserving the pUblic peace, health and safety, and the urgency for its adoption is set forth in the findings above. - 3 - e . SECTION 6. 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, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 7. 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 any 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 8. 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 upon adoption. APPROVED AS TO FORM: ~~.~ ROBERT M. MYERS U city Attorney - 4 - , . e e Adopted and approved this 16th day of April, 1991. Ii d'/A tv' Mayor I hereby certify that the foregoing Ordinance No. 1582 (CCS) was duly and regularly introduced at a meeting of the city Council on the 16th day of April 1991; that the said Ordinance was thereafter duly adopted at a meeting of the City Council on the 16th day of April 1991 by the following Council vote: Ayes: Councilmembers: Genser, Holbrook, Katz, OlsenJ VazquezJ Zane, and Mayor Abdo Noes: Counci1members: None Abstain: Councilmembers: None Absent: Councilmembers: None ..: """"- ATTEST: ------ ~~~~ .......- City Clerk/ .