SR-8A (21)
CA:f:atty\muni\strpts\mhs\bridge.2d
City CauDell Meeting 2-25-97
Santa Monica,
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calim~a51991
TO. Mayor and Clty Councll
FROM: City Attorney
SUBJECT: An Ordinance of the City Councll of the City of Santa
Monlca Amendlng zoning Ordinance Sectlon 9.04.08.15.060
to Allow for Bridge Connections Between Legal
Nonconforming Buildings In the BSC-2 Zonlng District
INTRODUCTION
At its meeting on February 11, 1997, the Clty Council introduced
for flrst readlng an ordinance amendlng Zonlng Ordlnance Section
9 04.08.15.060 to allow for brldge connections between legal
nonconforming buildlngs in the BSC-2 zoning dlstrict. The ordinance
is now presented to the City Council for adoption.
RECOMMENDATION
It lS respectfully recommended that the accompanying ordinance be
adopted.
PREPARED BY:
Marsha Jones Moutrle, City Attorney
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f'EB 2 5 1991
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f:\atty\muni\laws\mhs\br1dge.bsc
Clty Counell Meetlng 2-25-97
Santa Monica, Cal1fornla
ORDINANCE NUMBER 1873 (CCS)
(City Council Serles)
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 appllcation was filed for a
Zoning Ordlnance Text Amendment to modlfy Part 9.040.15 of Artlcle
IX of the Santa Monica Mun1cipal Code to allow, under spec1fied
circumstances, the construct1on of a bridge connection between
existing legal nonconforming buildings 1n the BSC-2 District, and
WHEREAS, the Planning Commission held a publlC hearlng on the
proposed Zon1ng Ordinance Text Amendment on October 16, 1996, and
recommended City Council adoptlon of the amendment; and
WHEREAS, the City Council held a public hearing on the
proposed Zoning Ordinance Text Amendment on February II, 1997i and
WHEREAS, the City Council flnds and declares that the proposed
amendment lS consistent 1n principle wlth the goals, obJectlves,
pollcies, land uses, and programs specif1ed in the adopted General
Plan, in that the proposed Zoning Ordlnance amendment to permit
bridge connectlons between eXlsting structures in the BSC-2
District facilltates better use of exist1ng office square footage
In the downtown and lS consistent wlth Bays1de Distr1ct Speclflc
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(d) Within five (5) days after final City sign-off on the
building permit authorizing the repair of an earthquake damaged
structure, any owner who recovered possession of a residential
housing unit due to the need to undertake the repairs shall notify
the displaced tenant that the unit is ready for reoccupancy. Any
tenant who has been displaced from such a unit for a period
exceeding fourteen (14) days shall have fourteen (14) days from the
receipt of the owner's notice to reoccupy the unit and recommence
rent payments. This notification shall be made in the manner
established by subdivision (e) of this Section and shall only be
required if the displaced tenant has previously provided the owner
with written notice indicating his or her desire to reoccupy the
unit and providing an address to which the owner should notify the
tenant that the unit is available for reoccupancy. That tenant
should advise the owner at any time during the displacement period
of a change of address to which the notification should be sent.
(e) The notification to a displaced tenant that his/her unit
is ready for reoccupancy as required by subdivision (d) of this
Section shall be deposited in the united States mail, by registered
or certified first class mail with postage prepaid, addressed to
the displaced tenant at the address furnished to the owner and
shall state the current maximum allowable rent for the unit.
(f) The city shall make available official forms to tenants
entitled ItNotice of Desire to Renew Tenancy or Reoccupy unitl1 and
"Notice of Change of Address" which may be utilized by tenants to
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(l) There shall be no llmitation on the number
of stories of any hotel, parklng 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 thlS Bectlon.
(2) Floor area devoted to residential uses
shall be dlscounted by flfty percent for the purposes of
floor area ratio calculatlon.
(3) Parcels of fifteen thousand square feet or
less wlthin the Passageway Overlay Zone, as depicted in
the Bayslde District Specific Plan, may be developed to
a maXlffium height of eighty-four feet, and a 3.5 FAR
provided the followlng conditions are met:
(i) The top two floors
excluslvely for residential purposes.
(il) All inclusionary units requlred by
Chapter 9.28 of the Municipal Code are provlded on slte.
(ill) Parking for the resldential uses is
site, notwithstanding Sectlon
are
used
provlded on
9.04.10.08.030{m) .
(iv) A passageway dedicated to the Clty of
Santa Monica as a recorded easement lS provlded.
(v} The dedlcated passageway is a mlnlmum
of twelve feet in width and is well lighted and vlsually
unobstructed from the Promenade to the alley.
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(vi) There shall be only one dedlcated
passageway permitted on each slde of each block, however
dedicated passageways existing as of the effective date
of this Bectlon shall not count toward thl5 limit.
(4) With the approval of a development review
permit, parcels over fifteen thousand square feet withln
the Passageway Overlay Zone, as depicted In the Bayside
District Speclflc Plan, may be developed to a maXlffium
height of eighty-four feet, and a 3.5 FAR provided the
following conditions are met:
(i) The top two floors
exclusively for residentlal purposes.
(ii) All inclusionary unlts required by
Chapter 9.28 of the Munlcipal Code are provided on site.
(lli) Parklng for the residential uses l5
provided on site, notwithstanding Seetlon
9.04.10.08.030(m) .
are
used
(lV) A passageway dedicated to the City of
Santa Monica as a recorded easement lS provlded.
(v) The dedicated passageway is a minimum
of twelve feet In width and l5 well llghted 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
dedicated passageways existlng as of the effective date
of thls Sectlon shall not count toward this llmit.
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(5) W1th the approval of a development reV1ew
permit, parcels in the BSC-2 and BSC-3 D1str1cts may be
developed to a maX1ffium height of e1ghty-four feet, and a
3 5 FAR prov1ded the following conditions are met:
(1) The top two floors are
exclusively for residential purposes.
(li) All inclusionary un1ts required by
Chapter 9.28 of the Municipal Code are provided on slte.
(i1i) Parking for the residential uses 1S
slte, notwlthstanding Sect10n
used
provided on
9.04.10 08.030 (m) .
(6) With approval of a Development Review
Permlt, ln the BSC-2 D1strict, eXlsting legal
nonconform1ng bUlld1ngs on different parcels may be
connected by a bridge which exceeds height lim1tations
and FAR llm1tations for such parcels provided that the
followlng conditions are met:
(1) The bridge contains no usable area
other than that reasonably necessary for pedestr1an
circulation.
(11) The helght of the brldge is no higher
than the exist1ng build1ngs.
(~li) The bridge would not be detrlmental
to publ1C health or safety.
(lV) Appropriate covenants or restrictlons
are recorded w1th the County Recorder's Off1ce wh1ch
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state the lntentlon of the owner (s} to develop the
parcels as a single bUllding site in accordance wlth
zoning Ordinance Sectlon 9.04.06.010(g}.
(b) Building Stepbacks For new structures or
addltlons to eXlsting structures, any portion of a
buildlng elevation frontlng on Second Street, Thlrd
Street Promenade or Fourth Street, above thlrty 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 addltional
stepback requirement above flfty-six feet of bUlldlng
he1ght. In addition, for parcels one hundred feet 1n
depth measured from Wllshire Boulevard, Arizona Avenue,
Santa Monica Boulevard or Broadway (cross streets) any
portion of a buildlng elevation frontlng on the cross
street, above thirty feet in height, shall be stepped
back flfteen feet from the cross street. The
Architectural ReVlew Board may allow the fifteen-foot
stepback to be provided only for the portlon of the
building above forty-five feet in height if the
Architectural ReVlew Board determines that such a
stepback is necessary to maintain the district's exist1ng
character and to provlde visual continulty wlth nearby
structures.
(c) Minimum Parcel
Size.
For all
zon1ng
classif1cations in the BSe D1strict, ffilnirnum parcel size
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shall be seven thousand f1ve hundred square feet Each
parcel shall conta1n a minimum depth of one hundred flfty
feet and a m1nlmum width of fifty feet, except that legal
parcels eX1sting on the effective date of thlS Sectlon
shall not be subJect to this requlrement.
(d) For all zon1ng clasS1flcations lnt he BSC
District, a development review permlt is requlred for any
new development of more than thirty thousand square feet
of floor area and for any development wlth rooftop
parking.
SECTION 2. Any prov1slon of the Santa Mon1ca Municlpal Code
or appendices thereto inconsistent with the provlsions of thlS
Ord1nance, to the extent of such lnconsistenc1es and no further, 1S
hereby repealed or modif1ed to that extent necessary to effect the
provisions of thlS Ordinance.
SECTION 3. If any section, subsectlon, sentence, clause, or
phrase of this Ord1nance is for any reason held to be lnvalid or
unconst1tutional by a declsion of any court of competent
jurlsdlctlon, such declslon shall not affect the validity of the
remalnlng portions of thlS Ordinance The City Council hereby
declares that it would have passed this Ord1nance and each and
every section, subsection, sentence, clause, or phrase not declared
invalid or unconst1tutional without regard to whether any portion
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of the ordlnance would be subsequently declared invalld or
unconstltutlonal.
SECTION 4.
The Mayor shall slgn and the Clty Clerk shall
attest to the passage of this Ordinance.
The City Clerk shall
cause the same to be publlshed once in the officlal newspaper
wlthin 15 days after its adoptlon.
This Ordlnance shall become
effectlve 30 days from its adoptlon.
APPROVED AS TO FORM'
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MARSHA JO MOUTRIE
Clty Attorney
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~'vlt'or
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State ofCal1foffim )
County of Los Angeles ) ss
CIty of Santa MOl1lca )
1. Mana:Vl Ste\vart. Cny Clerk of the Clt~ of Santa :v10mca. do hereby certIfy that the foregomg
Ordmance:'\o 1873 (CCS) had as first readmg on February 11. 1997, and had ItS second readmg
on Februarv 25. 1997 and was passed by the followmg vote
Ayes
CouncIl members
Ebner. Femstem. Genser. Greenberg. Holbrook. O'Connor.
Rosenstem
:\oes
CouncIl members
Kane
Abstam
CouncIl members
None
Absent
CouncIl members
None
ATTEST
~LL~
CIty Clerk
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