O1586
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SF:cg:ord3/word.ppd
City council Meeting 5-28-91
Santa Monica, California
ORDINANCE NUMBER 1586 (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
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 eight of 15 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 R1 height standards by over fifty percent
(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
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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 Rl 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 Zoning. Subject 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 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
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any structure on Palisades Beach Road between the Santa Monica
Municipal pier on south and the north City limits unless the
following findings can be made:
(a) For parcels located in the R1 District, the project
complies with the existing Rl property development standards as
set forth in Chapter 1 of Article IX of the Santa Monica
Municipal Code.
(b) For parcels located in the R4 District, the project
complies with existing R4 property development standards, except
for building height and setbacks, as set forth in Chapter 1 of
Article IX of the Santa Monica Municipal Code.
(c) For parcels located in the R4 District, the project
complies with all of the following:
(i) The maximum building height shall be 40 feet.
However, no portion of the building may project beyond the site
view envelope.
The site view envelope is a theoretical plane
beginning midpoint at the minimum required beach setback line and
extends to a height of 30 feet, and then running parallel to the
side parcel lines to a point located 5 feet in height above the
top of the Palisades bluff immediately behind the pedestrian
railing.
chimneys may extend to the height required by the
Uniform Building Code.
(ii) In addition to the required sideyard setback, 25% of
both building side elevations above 14 feet in height shall be
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setback an additional average of 4 feet from the minimum required
setback.
(iii) In addition to the required setback for the pacific
Coast Highway elevation, 30% of the building elevation above 14
feet in height shall be setback an additional average of 5 feet
from the minimum required setback.
(iv) As part of an Administrative Review application,
Zoning Administrator variance application, Development Review
application, and Architectural Review Board application, the
applicant shall submit site line elevation drawings illustrating
the project's conformance to the site view envelope. Elevation
drawings shall be submitted with any required Architectural
Review Board application illustrating the project in context with
existing structures along Pacific Coast Highway.
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 ten months and 15 days from its effective date, unless
prior to that date, after a public hearing, noticed pursuant to
section 9131. 5 of the Santa Monica Municipal Code, the City
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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.
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
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within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
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ROBERT M. MYERS
City Attorney
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Adopted and approved this 11th day of June, 1991.
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7 ~ ~ayor
I hereby certify that the foregoing Ordinance No. l586(CCS)
was duly and regularly introduced at a meeting of the City
council on the 28th day of May 1991; that the said Ordinance was
thereafter duly adopted at a meeting of the City council on the
11th day of June 1991 by the following Council vote:
Ayes: Councilmembers: Genser, Holbrook, Katz, Olsen,
Vazquez, Zane, and Mayor Abdo
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: None
ATTEST:_ .
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, City Clerk / -