SR-8-C (93)
CA:RMM:height2/hpc/pc
City Council Meeting 4-16-91
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Santa Monica, c~~~~~nl~91
SUPPLEMENTAL STAFF REPORT
TO:
Mayor and city council
FROM:
city Attorney
SUBJECT:
Ordinance 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 following changes have been made to the above-entitled
ordinance which was previously transmitted to you:
1. A new finding (b) has been added to section One which
provides that the majority of 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.
The remaining
findings have been re-lettered accordingly.
2. section 3 (a) has been amended to change "Building
Department" to "Building and safety Division," reflecting the
current title of this entity.
3. A new subsection (c) has been added to section 3 of the
ordinance.
This subsection exempts from the provisions of
Section 2 of this Ordinance any project for which a vesting
tentati ve map application was filed and deemed complete on or
before April 16, 1991.
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~"('It>
i-c
APH 1 6 1991
4. A change has been made in section 4(c)(2) to make it
more easily read and understood. The first sentence of this
Section has been broken into two sentences, wi th the second
sentence beginning with the words "the expenses."
PREPARED BY: Robert M. Myers, city Attorney
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CA:RMM:height/hpc/pc
City Council Meeting 4-16-91
Santa Monica, California
ORDINANCE NUMBER
(Clty 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
Sahta Monica Pier and the north City 1 imi ts 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 projects
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 (Lep) 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 (3D) 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 Height Limitations.
(a) Subj ect to the exemptions set forth in section 3 of
this Ordinance / a moratorium is hereby placed on the
construction, erection, conversion, or moving of any structure on
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properties located on Palisades Beach Road between the Santa
Monica Municipal pier on the south and the north City limits that
exceed two (2) stories, thirty (30) feet in height. The Building
Department shall issue a stop work order to any person proceeding
in violation of the provision of this Ordinance.
(b) 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 any structure on properties
located on Palisades Beach Road between the Santa Monica
Municipal Pier on south and the north City limits that exceed two
(2) stories, thirty (30) feet in height.
SECTION 3. The fallowing applications are exempt from the
provisions of Section 2 of this Ordinance:
(a) Any building or structure for which construction
commenced on or before April 16/ 1991. For purposes of this
subdivision, the commencement of construction means the pouring
of a portion of the foundation, as evidenced by having called for
or had at least one inspection by the Building and Safety
Dlvision on or before April 16, 1991.
(b) The construction, erection, conversion, or moving of
any structure for which a vested right determination is obtained
in accordance with Section 4 of this Ordinance.
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(c) Any project for which a vesting tentative map
application was filed and deemed complete on or before April 16,
1991.
SECTION 4. Vested Rights.
(a) Any person claiming a vested right to be exempt from
section 2 of this Ordinance must substantiate the claims in a
proceeding under this section. In such a proceeding, the person
seeking the vested right shall have the burden of proof.
(b) Claims of vested rights shall be determined by the
City council and shall be filed on a form approved by the City
Attorney. The city council shall, within thirty (30) days of the
date of filing of a claim, determine whether to grant, deny, or
refer the claim to a hearing examiner for such determination as
the city Council deems necessary. A claim referred to a hearing
examiner shall be decided by the City Council not later than the
adjournment of the second regular Council meeting thereafter.
Decisions of the City Council shall be reviewable by writ of
mandate, subject to the 90 day time limitation set forth in Santa
Monica Municipal Code Section 1400.
(c) In order to obtain a vested right, the claimant must
have secured the last governmental approval necessary for their
project to proceed, and in good faith reliance thereon, must have
performed substantial work or incurred substantial liabilities in
furtherance thereof. Claims of vested rights will be decided
using the following factors:
( 1) Whether a bui lding permit has been issued. In
most situations, a valid building permit is the final
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governmental approval necessary for the erection or construction
of a structure.
(2) Expenses incurred or work performed prior to the
issuance of the final governmental approval. The expenses
incurred in obtaining such approval, including permit fees, are
not deemed expenses or liabilities for work and materials
incurred in reliance on the approval. Such pre-permit expenses
are made in anticipation of the approval, and do not count toward
obtaining a vested right.
(3) Expenses incurred in the acquisition of the
property, including all financing costs incurred in connection
therewith, generally do not count toward obtaining a vested
right. However, financing obtained after the final governmental
approval, such as construction financing or conversion financing,
will count toward obtaining a vested right.
(4) In determining what constitutes substantial
expenditures or liabilities, consideration will be given to the
nature and significance of the work performed, the dollar costs
of the expenditure, and the percentage of the total project costs
represented by the expenditures and liabilities.
SECTION 5. 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.
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SECTION 6 . 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 7. 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 8. 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.
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SECTION 9. 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
city Attorney
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