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Caur~cil Mtg February 11, 1997
FEB 1 1 ~.9.97
Sa~ta Monica, California
TO Mayor and City Cour~cil
FROM City 5taff
SUBJECT Recommendation to Introduce for F~rst Readmg an Ordmance Amending
Part 9 04 08 15 of Article IX of #he Santa Monica Municipal Code
Appiica,~t Da~id Forbes Hibbert - ATChitect an behalf af Rubin Pastaer &
Associates
INTRODUCTION
This report recommends that the City Council introduce for first readmg ar~ orcfinance
~mplemenkmg an amer~dment to Part 9 04 08 15 (BSC - Bays~de Commercial Distr-ct)
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o# Article IX of the Santa MonECa Municipal Code to allow the construct~on of a bndge
connection between two commerc-af office buildings in the Bayside Commercial District
(BSC} 4n October 16, 1996, the Planning Commission voted 5 to 0 ta recommend
that the C~ty Council adopt the proposed Zonmg Ordinance text amendment T~e
proposed ordinance is cantained ~n Attachment A
BACKGROUND
The proposed text amendment is to permit the construc#ion of a bridge between twa
existing buildir~gs to facil~tate pedestrian aecess between the structures The twa
structures are located on ad~acent lats at 201 Santa Manica Baulevard and 1333
Second Street The propased bndge would connect the rear o# the bu~fding at ~
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fEB~1~197
Santa Monica Boulevard to the side of the building at '! 333 Second Street without
crossing over any public right-of-way
The two, six story, structures are located in the BSC-2 District Current zonmg fimits
the he~ght of new buildings to 4 storEes, 56 feet with a 3 0 fioor area ratio (FAR) The
buildings were constructed ir~ accordance w~th the devefopment stan~ards Gn ex~stence
at the time of #heir de~elapment and are now non-conforming with regard to he~ght ar~d
FAR Gurrerit development standards da not perm~t the br~dge constructian because
the proposed fifth fEoor bndge facation and square footage mcrease would intensify the
noncanforming height and fbor area The proposed text amendmer~t pro~ides
exceptions t~ height and flaor area standards for legal nonconform~ng ~uildings and
limits this exception to the canstruction of bridges that are no higher than the existing
building and have nv usable floor area other than that which rs needed for pedestnan
c3rculation
The owne~ a~d prsmary occupant of the bu~ld~ng at 1333 Seco~d Street, RuR~~n Postaer
and Associates, also occupies tenan# space on the upper floors of 201 Santa Monica
Boulevard, owned by Shuwa Management The br~dge ~s to pr~vEde a pedestrian link
betwesn the company's office space in the two structures
The bridge is proposed to connect the twa buildmgs at the po~nt where they are the
closest together, whicY~ ~s the fafth ffoor level The proposed bridge would span a 2~ 5
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foot space and wauld compensate for the height difference between the hnro floor ieve~s
by constructing a ramp withm the enclosed bridge structure The ramp width
d~mensions are l~mcted to f~~e feet, which would restrict the use of the bridge to access
and preclude its use as additiona~ ~sable floor area
In voting to recammend approval of the text amendment, Plann~ng Commissioners
expressed interest in the bridge design If the text amendment is approved, the
Plann~ng Comm~ssion w~1i rev~ew the br~dge design through a DeveCopment Review
Permit and ArcF~~tectural Review Board approval will also be required
ANALYSIS
Unrform Build~n4 Code
All structures with~n the City must be canstruct~d ~n aecorciance with the 1994 Uniform
Buildmg Code Design concerns regardmg the proposed br~dge mclude the structura~
integrity of the bndge and the bur~dings it would connect, earthquake safety, #he need
for a f~re wall ~r~d a f~re daor wh~ch is cannected to smake detectors, com~lsance w~th
t~e Americans with Drsabilit~es Act (ADA), and fireproof character~st~cs ofi the steef
bndge structure ~tself Prior to Planning Commission re~iew of the De~elopment
Review Permit, the C~ty Build~ng offic~af should review the bndge plans to ascertam
potential design constraints and requirements
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OrdEnance Amendment
The fol[owing is the proposed warding for the ordinance amendment
Section 9 04 0$ 15 Ofi0 Praperty Develapment Standards
(a) Max~mum Building Height and FAR
(6) With approva! of a Development Review Permit, in the BSC-2
D~stnct, existir~g legal nonconforming buifdings on different
parcels may be connected by a bndge wh~ch exceeds height
limitatians and FAR lim~#ations far such parcels pro~ided that the
follow~ng conditions are rnet
(~} Th~ bndge contaEns no usabie area otF~er than that
reasonably needed for pedestrian circulation,
(~i~ Th~ height of the br~dge rs no higher than the existmg
buddings
(ui) The br~dge would not be detrimental to public health or ~
safety
(~v} Appropriate co~enants ar restnctions are recorded with
the County Recorder's O{#ice which state the intent~on of the
awner(s) to de~elop the parceis as a single building site in
accordance with Zoning Ordinance Sectivn 9 04 06 010(g)
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Staff believes that the proposed te~ct amendment is appropriate in that it allows, through
the Development Review proeess, above ground circulat~on connections between
existing buildings ~n the Bayside Commercial District that are non-conform~ng as to
height and floor area 5taff does not believe that such bridge connec#ions will intensify
buildEng acti~~ty, but rath~r provide flexibil~ty in how existing bu~ldings are leased and
operated m the downtown
PUBLIC NOTIFICATION
Pu~suant to Mun~cipal Code Sect~ons 9~~4 20 22 05D, and Government Code Sect~ons
65090 and 65D91, not~ce of the ~ubiic hearmg was ma~led ta all owners of property
located with~n the BSC-2 D~str~ct and withm a 300 foot radius of the djstrict, and all
owners and resident~a[ and commercial tenants of property located within a 500 foot
radius of the pro~ect site, at least ten consecutive calendar days pr~or to the hearing A
copy o# the notice ~s contamed in Attachment B
BUDGETIFINANCIAL IMPACT
The recommendation presented m this report daes nat have any budget or fiscal
~mpact
RECOMMENDATION
It is recommended that the C~ty Council introduce far first reading the attached
ordEnance
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Prepared by Suzanne Frick, D~rector
Karen Ginsberg, Piann~ng Manager
Amanda Schachter, Senior Planner
Laura Beck, Associate Plar~ner
Planning and Community De~elopment Department
Attachments A Proposed Ord~nance
B Publ~c Notice
C Plann~ng Cammiss~on s#aff report, October 16, 1996
D Plann~ng Commission M~nutes, October 16, 1996
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ATTACHMENT A
f:~atty~muni~laws~mhs~bridge.bsc
City Council Meeting 2-11-97 Santa Manica, California
ORDINANCE NUMBER
(City Council Series)
AN ORDINANCE ~F THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING Z~NING aRDINANCE
SECTION 9.04.08.15.060 TO ALLOW FOR BRIDGE
C~NNECTIONS BETWEEN LEGAL NONCONFORMING BUILDINGS
IN THE BSC-2 ZONING DTSTRICT
WHEREAS, o~ April 1, 1935, an applicat~on was f iled far a
Zoning Ordinance Text Amendment to modify Part 9.040.15 of Article
IX af the Santa Monica Municipal Code to a11.ow, under specified
circumstances, the construction of a bridge connecti~n between
existing legal nonconfarming buildings in the BSC-2 District; and
WHEREAS, the Planning Cammiasion held a public hearing on the
proposed Zoning ~rdinance Text Amendment on October 16, 1996, and
recoxnmended City Council adoption of the amendment; and
~~7HEREAS, the City Council held a public hearing an the
proposed Zoning Ordinance Text Amendmant on February 11, 1997; and
WHEREAS, ~he City Caunci]. finds and declares that the proposed
amendment is cons~stent in principle with the goals, 4b]eCtlves~
policies, Zand uses, and programs specified in the adapted Gen~ral
Plan, in that the proposed Zaning Ordinanee amendment to permit
bridge connections between existing structures in the BSC-2
District facilitates better use of existing office square faotage
in the downtown and is consistent with Bayside bistrict Spec~fic
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Plan policies 4.1.3 and 4.1.6 which encourages the development of
office uses above the ground floor to maintain the a~eais economic
viabil~ty; and
WHEREAS, the public heath, safety and general welfare requ~res
the adoption of the praposed Ordinance in ordez to pravid~
flexibility in how existing bui~dings are leased and operated,
thereby facilitating better use of ex~sting buildings and
preser~ing the quality of life in the adjacent and surrounding
areas,
NOW, THEREFORE, THE CITY CDUNCIL OF THE CITY OF SANTA MONICA
DQES HEREBY ORDAIN AS FOLLOWS:
SECTIaN 1. Municipal Code Section 9.04.0$.~5.p60 is amended
to read as follows:
Section 9.04.08.15.060 Property De~elopment Standards.
All praperty in the BSC District shail be developed
in accardance with the faZlowing standards:
(a} Maximum Buildinq Height and FAR. Maximum
building hezght, number of stories and floor azea ratio
shall be determined as follows:
Maximut~
Maximum NumbBr Maximun-
District Heiqht of Stories FAR
BSC-1 56' 4 3.0
BSC-2 5b' 4 3.0
B5C-3 55' 4 3.0
BSC-4 45' 3 2.0
Notwithstanding the above:
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(1) There shall be no limitation an the number
of stories of any hatel, parkin~ structure, or structur~
containing at least one floor of residential use, so long
as the height does not exceed the maximum number of feet
permitted in this Section.
(2) Floor area devoted to residential uses
shall be discounted by fifty percent for the purposes of
floor area ratio calculation.
(3) Parcels of fifteen thousand square feEt ar
Zess within the Passageway Overlay Zone, as depicted in
the Bayside District Specific Plan, may b~ daveloped to
a maximum height of eighty-four feet, and a 3.5 FAR
provided the following conditions are met:
(Y) The ~op two floors are used
exclusively for residential purposes.
(ii) All inclusionary units requYred by
Chapter 9.28 of the Municipal Code are provided an site.
(iii) Parking for ~he residential uses is
pravided on ~ite, notwithstanding Section
9.04.10.08.03~(m).
(iv} A passageway dedicated to the City of
Santa Monica as a recorded easement is provided.
(v) The dedicated passageway is a minimum
of twelve feet in width and is well lighted and v~sual7.y
unobstructed fram the Promenade to the all~y.
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(vi) There shall be only one dedicated
passageway permitted on each side of each block, h4wever
dedicated passageways existing as of the effective date
of this Section shall not count to~ard this limit.
(4? With the approval af a development review
permit, parcels over fifteen thousand square feet within
~he Passaqeway Overlay Zone, as depicted in the Bayside
District Specific Plan, may be developed tio a maxi~um
height of eighty-four feet, and a 3.5 FAR provided the
following conditions are met:
(i) The top two floors are used
exclusively for residential purposes.
(ii} All inclusionary units required by
Chapter 9.28 of the Municipal Code are provided on site.
(iii) Parking for the residential uses is
provided on site, notwithstanding Section
9.04.10.08.030(m).
( iv) A passageway dedicated to the City of
Santa Monica as a recarded easement is provided.
(v) The dedicated passageway is a minimum
af twelve feet in width and is we~l lighted and visually
unobstiructed from the Promenade to the alley.
tvi) There shall be only one dedicated
passageway permitted on each side of each block, however
dedicated passageways existing as of the effective date
of this Section shall not caunt toward this limit.
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(5) With the approval of a development review
permit, parcals in the BSC-2 and BSC-3 Districts may be
developed to a maximurn height of eighty-four feet, and a
3.5 FAR provided the following conditions are met:
(i) The top two floors are used
exclus~vely for residential purposes.
(ii) All inclusianary units requixed by
Chapter 9.28 of the Municipal Code are provided on site.
(iii) Parking for the residential uses is
pravided on site, natwithstanding Sect~on
9.d4.10.08.030(m).
(6) Witt. approval af a Geve3apmen~ Revie;:
i.'e r~ :i t, ~ n the B~C-2 D3,st~~~t, e~si~t~~q ~e~al
nonconFcrr.ing bu ilding~ on d i tf~ren~ parcf 1, m~~v b^
conr~~cted ~~ a bridg~ which ~xceects height ~.imi~ation~
a~~tc~ FAR limit~tio~n~ far su~h pax'~els p~~v~c~e~ that ~h€~
f~~.loui~ng conditiflns are m~t:
[ i~ The b~idge c~n~.a ir~~ no ~usabl~ ar~~
etr,~-r than ~`iat ro~3sor.ably necessar}• for pec~e~~tri ~~r
~irCu~~t~.c~n.
(ii~ 2he h~ight ~o~ the ~aridge is n~ h~gher
~han th~ axisting bu~,ldi~g~_
(~ i i) T:~e bri~ge would not be ~etr~ r-c:nta .
~~ gub~~.c haa~th ~r safety.
(iv} Apprapriate ~~venants ur res~~-ict~.o~s
~re reco~ded wi~h th~ ~ount~ ~~C~rder' ~ ~3t~ic~ wY~ich
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st~ate the ir.t~_r~tion of the ok~ner(s) to develop ~t~Q
parcels as a sxngle 1a~ilding s~te in accardance k.th
~~ning ~rd~r~ance Se~tf~n ~ . o~ . ~~. c~Zt~ ~~~ _
(b) Buildinq 6tepbacks. For new structures ar
additxons to existing structures, any portion of a
building elevatian fronting on Second Street, Third
Street Promenade or Fourth Street, above thirty feet zn
height shall be stepped back at a 36.9 degree angle
measured from the horizontal. For bui~dings located in
~he Passageway Overlay Zon~, there shall be no additional
5tepback requirement above ~if~y-six feet of building
height. Tn addition~ for parcels one hundred feet in
depth measured from Wilshire Boulevard, Arizona Avenue,
5anta Manica Boulevard or Broadway (cross streets) any
portion of a building elevatian fronting on the crass
street, above thirty feet in height, shall be stepped
back fifteen fee~. from the cross s~reet. The
Architectural Review Board may allow the fifteen-faot
stepback to be provided only for the portion of the
building above forty-five feet in height if the
Architectural Review Baard determines that such a
stepback is necessary to maintain the district's existing
character and to provide v~sual continuity with nearby
structures.
(c) Minimum Parael siae. Far all zoning
classlfications in the BSC District, minimum parcal siz~
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shall be seven thousand five hundred square feet. Each
parcel shall contain a minimum depth of one hundred fifty
feet and a minimum width af fifty Feet, except that 1ega1
parcels existing on the effective date of this Sectian
shall not be subject ta this requirement.
(d) For all zon~ng classifications int he BSC
District, a develapment review permit is required far any
riew development of more than thirty thausand square feet
of floor area and far any development wi~h rooftap
parking.
SECTION 2. Any provisian of the Santa Monica Municipal Code
or appendices thereto inconsistent with the provisions af this
Ordinance, to the extent of such incansistencies and no further, is
hereby repealed or modified to that extent necessary to effect the
provi~ions af this Ordinance.
5ECTION 3. If any section, subsection, sentence, c~ause, or
phrase of this Ordinance is far any reasan held to be invaZid or
uncon~titutional by a decision of any caurt of comp~tent
~urisdiction, such decision shall not affect the validity of the
rema~ning partians of this Ordinancee Th~ City Council hereby
declares that it wauld have passed this O~dinance and each and
every sectian, subsection, sentence, clause, or phrase not declared
invalid or unconstitutional without reqard to whether any portlon
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of the ordinance would be ~ubsequently declared invalid or
unconstitutianal.
SECTION 4. The Mayor sha~l sign and the City Clerk ~hall
attest ta the passage af this Ordinance. The City Clerk sha~I
cause the same to be published once in the official newspaper
within ~5 days af~er its adaptian. This ard~nance shall become
etfective 30 days from its adoption.
APPROVED AS T~ FORM:
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MARSHA JO'1~IES MOUTR~E
City Attorney
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ATTACAMFN'T B
NOTICE OF DEVELOP3~ENT PR4POSAL
To: Concerned Persons
From: The Cif~r of Santa l~ionica
5ubject of Hearing: Text Amendment 96-001
Sub~ect Property BSG2 District
Applicant. David Forbes H~bbe~t, Architect
A Public Hearing will he held by the Cit~~ Council on the followmg request
Recommendatian af a text amen~znt to Subchagter 9 04 08 15 (BSC - Bayside Gommereial
District} Section 9 0~ OS 15 Ob0 (Propert}~ De~~elopment Standards) to ailow the constraction
of a bridge connection ben~~een two existing non-conforming builc~~ngs The proposed text
amendment is requested to ailo~: a bridge to be cvnstructed at the fifth floor Zevel of two szx-
story buildmgs located at 20l Santa Monica Bouievard and 1333 ~econd Street Extstin~
Properry DeE~elopment Standards would nat allo~.v the proposed bridge due to bu~lding height
and floor area ratio {FAR) restrictions Appro~al by the Plann~ng Cammissian af a
DelTelopment Re~iew Permit for the bridge «~ouid be required if this Text Amendment zs
appro~~ed by the CrtS Council Applicant Dav~d Hibbert. Architect on behalf of Rubin
Postaer & Assoczates
T~iE: TL'ESDAY, F'EBRUARY I1, 1997 AT b:30 P.M.
LOC~TI~I~ G~LT~CIL C~L~~~BER, ROO~vI 21;, GITY HALL
168~ 1~1~I1` STREET. 5_~NTA MD~1IC~
HO~% TO COM~~EI~TT
The Crt~~ of Santa ~lonica encourages pubixc commeni on this and other pro~ects You or your
representat~~. e. or an~~ other persons ma~• comment at thz C~ty~ Gounczl's publ~c heanng, ar b~~
~~sntin~ a letter
Letters should be addressed to
Cit~~ Gouncil. Cit~;~ Clerk's Office
168~ ':1~1a~n Street. Room 102
Santa I~-lanica, Cal2fonva 90401
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NroxE ~N~o~~~1.ATION
If desired, further information on an~~ application may be obtained from the Planning and
Zoning Di~ision af the address abore or b~~ calling (3I0} 45$-8341.
The meetmg facilitr is accessible If }~ou need an~° d~sabilrtv-related accommodations, please
contact staff at (31Q)~~5-8701
Pursuant to CaIifornia Governrnent Code Section fi~009{b). if this matter is subsequentl~~
challenged in Court. the challenge maF~ be Iirrirted ta onlF- those issues raised at the Public
Heanng described in thES notice, or in «-~rtten correspondence delivered to the Crt~~ of Santa
'~ionica at, or prior to. the Pub~ic Hearrn~
£sto es un a~~isa sabre una audenc~a publica par~ re~i~ar applicacianes proponlendo desarrolla en
Santa'~~onica Esto puedo ser de mteres a usted Si deseas mas informacion, favor de Ilamar a
Linnea Hernandez en la Diti~ision de Plantificaclon al numero {310) ~~8-8341
f iplan!share~~counciT~,notices~,ta96001
AFPRO'~'ED ~,S Ta FOR~~
~~~
KAREI~ GIi SER
Planning R~ianager
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ATTACHMFNT C