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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
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(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
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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.
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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:
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ROBERT M. MYERS U
city Attorney
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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
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ATTEST:
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.......- City Clerk/ .