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SR-8-C (94) ?-c I1PP ~ (1 !991 CA:RMM:bldghgt2 City council Meeting 4-16-91 Santa Monica, California To: Mayor and City Council From: City staff 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 STAFF REPORT On April 9, 1991, the City Council directed the City Attorney to prepare an emergency ordinance that would limit on an interim basis the maximum building heights of structures that could be built on Palisades Beach Road between the Santa Monica Municipal Pier on the south and the north City limits. The accompanying emergency ordinance has been prepared in accordance with this direction. RECOMMENDATION It is recommended that the accompanying ordinance be introduced and adopted. Prepared by: Robert M. Myers, City Attorney Joseph Lawrence, Asst. City Attorney r:e -t 1,q9~1 ;~!)L( j G " /'J /;/' " J--{ .{ . . )-... / r {of -..--'-- "- ~ CA:RMM:jld579/hpc/pc City Council Meeting 4-16-91 Santa Monica, California ORDINANCE NUMBER (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. Findinqs 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) During this period, at least twelve (12) projects have been proposed which exceed the current Rl ~aximum 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 (50%). These projects limit coastal views, and affect light and shadows in the area. - 1 - (c) 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 (30) feet in width. Under the proposed LeP, 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. (d) 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. (e) 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. (f) 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 Heiqht Limitations. (a) Subject 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 properties located on Palisades Beach Road between the Santa Monica Municipal pier on the south and the north City limits that - 2 - 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 ci ty 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 Ci ty 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 following 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 Department 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. SECTION 4. Vested Riqhts. (a) Any person claiming a vested right to be exempt from Section 2 of this Ordinance must substantiate the claims in a - 3 - 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 adj ournment 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: (i) Whether a building permit has been issued. In most situations, a valid building permit is the final 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 - 4 - 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. 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. - 5 - 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. 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: . - \.:'-1.:-v\; T V"V'V ROBERT M. MYERS city Attorney ~ - 6 - ... A I + (..1" "...+i ,,~ --- v...,..J;tJf'J if. CA:RMM:height3jhpcjpc city Council Meeting 4-16-91 a. ....$~ L,. / santa Monica, California (- , ORDINANCE NUMBER \. \ (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 Rl 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 - 1 - (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 Lep, 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. (9) 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. 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 - 2 - 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 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. - 3 - 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: ~'-.'"'" 5' ROBERT M. MYERS City Attorney ~ - 4 - CA:RMM:height3/hpc/pc City Council Meeting 4-16-91 Santa Monica, California ORDINANCE NUMBER ~(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 0( ~ zoned R4 which allows a maximum height of 45 feet. (c) During th1s period, at least twelve (12) projects have been proposed which exceed the current Rl 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 - 1 - (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 limit1ng 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 he1ght 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, l~ght, and pose a threat to the existing character of the neighborhood. (g) Pending possible re-zoning of the area and adoption of " the proppsed 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 - 2 - 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 1S 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. - 3 - . . 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 sect1on, 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 effectiv~,bpon adoption. APPROVED AS TO FORM: ~ ........~ ROBERT M. MYERS city Attorney - - 4 - Adopted and approved this 16th day of April, 1991. // d'/A U: 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, Olsen, Vazquez, Zane, and Mayor Abdo Noes: Councilmembers: None Abstain: Councilrnembers: None Absent: Councilmembers: None " .. ATTEST: ,//2 _ V}/_ d ~<-a~~~ ~ City Clerk/ > , .. CA:RMM:rmlist/hpcal/pc City Council Meeting 4-16-91 Santa Monica, California LIST OF PENDING CASES TO BE CONSIDERED IN CLOSED SESSION 1. Corman v . City of Santa Monica, et al., Claim Number MBL 90-6-267. The authority for this closed session is Government Code section 54956.9(b) (1). [Note. Following closed session, the City council may publicly approve settlements in one or more of the above-entitled cases.)