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O1873 f:\atty\muni\laws\mhs\bridge.bsc City Council Meeting 2-25-97 Santa Monica, California ORDINANCE NUMBER 1873 (ees) (City council Ser1es) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING ZONING ORDINANCE SECTION 9.04.08.15.060 TO ALLOW FOR BRIDGE CONNECTIONS BETWEEN LEGAL NONCONFORMING BUILDINGS IN THE BSC-2 ZONING DISTRICT WHEREAS, on April 1, 1996, an application was filed for a Zoning Ordinance Text Amendment to modify Part 9.040.15 of Article IX of the Santa Monica Municipal Code to allow, under specified circumstances, the construction of a bridge connection between existing legal nonconforming buildings in the BSC-2 District; and WHEREAS, the Planning Commission held a public hearing on the proposed Zoning Ordinance Text Amendment on October 16, 1996, and recommended City Counc1l adoption of the amendment; and WHEREAS, the C1ty Council held a public hearing on the proposed Zoning Ordinance Text Amendment on February 11, 1997; and WHEREAS, the City Council finds and declares that the proposed amendment is consistent 1n pr1nc1ple with the goals, obJectives, po11cies, land uses, and programs specified in the adopted General Plan, in that the proposed Zoning Ordinance amendment to permit bridge connections between existing structures in the BSC-2 District facilitates better use of existing office square footage 1n the downtown and 1S consistent with Bayside District Specific 1 Plan policies 4.1.3 and 4.1.6 which encourages the development of office uses above the ground floor to maintain the area's economic viability; and WHEREAS, the public heath, safety and general welfare requires the adoption of the proposed Ordinance in order to provide flexibility in how ex~st~ng buildings are leased and operated, thereby facilitating better use of existing buildings and preserving the quality of life in the adj acent and surrounding areas, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Municipal Code Section 9.04.08.15.060 is amended to read as follows: Section 9.04.08.15.060 Property Development Standards. All property in the BSC District shall be developed in accordance with the following standards: (a) Maximum Building Height and FAR. Maximum building height, number of stories and floor area ratio shall be determined as follows: District Maximum Height Maximum Number of Stories Maximum FAR BSC-l BSC-2 BSC-3 BSC-4 56' 56' 56' 45' 4 4 4 3 3.0 3.0 3.0 2.0 Notwithstanding the above: 2 (1) There shall be no limitation on the number of stories of any hotel, parking structure, or structure containing at least one floor of residential use, so long as the height does not exceed the maximum number of feet permitted in this Sect~on. (2) Floor area devoted to residential uses shall be discounted by f~fty percent for the purposes of floor area ratio calculation. (3) Parcels of fifteen thousand square feet or less within the Passageway Overlay Zone, as depicted in the Bays~de District Specific Plan, may be developed to a maximum height of eighty-four feet, and a 3.5 FAR provided the following conditions are met: (i) The top two floors are used exclusively for residential purposes. (ii) All inclusionary units required by Chapter 9.28 of the Municipal Code are provided on s~te. (iii) Parking for the residential uses is provided on site, notwithstanding Section 9.04.10.08.030(m) . (~v) A passageway dedicated to the City of Santa Monica as a recorded easement is provided. (v) The dedicated passageway is a minimum of twelve feet in width and is well l~ghted and visually unobstructed from the Promenade to the alley 3 (vi) There shall be only one dedicated passageway permitted on each side of each block, however dedicated passageways existing as of the effective date of this Section shall not count toward this llmit. (4) With the approval of a development review permit, parcels over fifteen thousand square feet within the Passageway OVerlay Zone, as depicted in the Bayside District Specific Plan, may be developed to a maximum height of eighty-four feet, and a 3.5 FAR provided the following conditions are met: (i) The top two floors are used exclusively for residential purposes. (ii) All inclusionary units required by Chapter 9.28 of the Municipal Code are provided on site. (iii) Parking for the residential uses is provided on site, notwlthstanding Section 9.04.10.08.030(m) . (iv) A passageway dedicated to the City of Santa Monica as a recorded easement is provided. (v) The dedicated passageway is a minimum of twelve feet in width and is well lighted and visually unobstructed from the Promenade to the alley. (vi) There shall be only one dedicated passageway permitted on each side of each block, however dedlcated passageways existing as of the effective date of this Section shall not count toward this limit. 4 (5) With the approval of a development review permit, parcels in the BSC-2 and BSC-3 Districts may be developed to a maximum height of eighty-four feet, and a 3.5 FAR provlded the following condltions are met: (i) The top two floors are exclusively for residential purposes. (ii) All inclusionary units required by Chapter 9.28 of the Municipal Code are provided on site. (iii) Parking for the residential uses is site, notwlthstanding Section used provided on 9.04.10.08.030(m) . (6) With approval of a Development Review Permit, in the BSC-2 District, existing legal nonconforming buildings on different parcels may be connected by a bridge which exceeds height limitations and FAR limitations for such parcels provided that the following conditions are met: (i) The bridge contains no usable area other than that reasonably necessary for pedestrian circulation. (ii) The height of the bridge is no higher than the existing buildings. (iii) The bridge would not be detrimental to public health or safety. (iv) Appropriate covenants or restrictlons are recorded with the County Recorder t s Office which 5 state the intention of the owner (s) to develop the parcels as a single building site in accordance with Zoning Ordinance Section 9.04.06.010(g). (b) Building Stepbacks. For new structures or additions to existing structures, any portion of a building elevation fronting on Second Street, Third Street Promenade or Fourth Street, above thirty feet in height shall be stepped back at a 36.9 degree angle measured from the horizontal. For buildings located in the Passageway OVerlay Zone, there shall be no additional stepback requirement above fifty-six feet of building height. In addition, for parcels one hundred feet in depth measured from Wilshire Boulevard, Arizona Avenue, Santa Monica Boulevard or Broadway (cross streets) any portion of a building elevation fronting on the cross street, above thirty feet in height, shall be stepped back f~fteen feet from the cross street. The Architectural Review Board may allow the fifteen-foot stepback to be provided only for the portion of the building above forty-five feet in he~ght if the Architectural Review Board determines that such a stepback is necessary to maintain the district's existing character and to provide visual continulty with nearby structures. (c) Minimum Parcel Size. For all zoning classificat~ons in the BSC District, minimum parcel Slze 6 shall be seven thousand five hundred square feet. Each parcel shall contain a minimum depth of one hundred fifty feet and a minimum width of fifty feet, except that legal parcels existing on the effective date of this Sect~on shall not be subject to this requirement. (d) For all zoning classifications int he BSC District, a development review permit is required for any new development of more than thirty thousand square feet of floor area and for any development with rooftop parking. SECTION 2. 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, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be lnvalid or unconstitutional by a decision of any court of 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 thlS Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion 7 of the ord~nance would be subsequently declared invalid or unconstitutlonal. SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The Clty Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: 8 1AAv1 Mt-or , C)~L- - State ofCahfoffim ) County of Los Angeles) 5S CIty of Santa MOllica ) I, Mana M Stewart. CIty Clerk of the CIty of Santa MOllIca, do hereby certIfy that the foregomg Ordmance No 1873 (CCS) had Its first readmg on February 11. 1997, and had Its second readmg on February 25. 1997 and was passed by the follow-.Ing vote Ayes CouncIl members Ebner, Femstem, Genser, Greenberg. Holbrook, O'Connor, Rosenstem Noes Council members None Abstam CouncIl members None Absent Council members None ATTEST Cny Clerk n 1... ,I ~ o.-V \