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SR-8-C (93) CA:RMM:height2/hpc/pc City Council Meeting 4-16-91 ~"i6eT> r-e 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. - 1 - ~"('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 - 2 - d -,,,J2 ~-1 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 - 1 - (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 - 2 - 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. - 3 - (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 - 4 - 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. - 5 - 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. - 6 - 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: ~ ""-. n- () __ ROBERT M. MYERS city Attorney - 7 -