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SR-8A (21) CA:f:atty\muni\strpts\mhs\bridge.2d City CauDell Meeting 2-25-97 Santa Monica, r'A ~-_)J l: -,\ \.-Y 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 ~A (J f'EB 2 5 1991 JIi-?"'" f * 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 1 (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 26 ~ (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. 3 i (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. 4 (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 5 i " 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 6 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 7 ~ ~ 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' ~ MARSHA JO MOUTRIE Clty Attorney 8 , ~1a~ ~'vlt'or - 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 " ~O-S