SR-400-002 (32)
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CA 77-130 RLK: jaa-..
Council Mtg: 1l1lllt7
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Santa Mon1ca, Ca 1 ornla
October 27, 1977
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TO:
Mayor and Clty CaunCll
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FR01'1:
C1ty Attorney
SUBJECT:
Ordinance Establish1ng Helght Limlts in the
C3 and C4 Commerclal Zones
Introduct10n
This report transffi1ts the attached ordlnance which
provldes for he1ght llm1ts as recommended by the Plannlng
CommlSSlon for second readlng and adoptlon.
Background
The attached ordlnance was given a first readlng
and pUblic hearing on October 25, 1977.
A copy of the previous staff report 15 attached
for ~nformat1on purposes.
Alternative Solut1ons
Not appllcable.
Recomrnendat1ons
It 15 respectfully recommended that the Clty Council
~ntroduce the attached ord1nance for second readlug and adopt1on.
Prepared by:
Richard L. Knlckerbocker, Clty Attorney
<aft
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CA 77-130 RLK:JA
Councll Mtg: 10"__77
REVISION 2.
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ORDINANCE NO.
1071
(City Council Serles)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA M'ffiNDING
CHAPTER 1 OF ARTICLE IX OF THE SANTA
MONICA MUNICIPAL CODE AND DELETING
SECTIONS 9116Bl AND 9117B1 GOVERNING
THE HEIGHTS OF BUILDINGS IN THE C3
AND C4 CO~mERCIAL DISTRICTS.
SECTION 1.
Sections 9116Bl and 9117B1 of Chapter
I Art1cle IX of the Santa Monica MunicipaL Code are deleted
in thelr entlrety and two new sectlons enacted to read as
follows:
"Section 9116Bl. BUILDING HEIGHT. The
height of any bUllding or structure erected
1TI thlS distr1ct shall be limited to six (6)
storles or n1nety (90) feet except that
bu~ldlngs or structures ~n excess of th1S
limitation may be permitted by the lssuance
of a Condltional Use Permit under the prov1sions
of Section 9148 provided that:
a) Approval of buildlngs or structures
1n excess of SlX (6) stories and ninety (90)
feet 1n he1ght but not more than twelve (12)
stories and one hundred sixty (160) feet in
height shall be only on the basis of an
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Environmental and Fiscal Analysis satis-
factorily demonstrating that no significant
adverse environmental or fiscal impacts
will occur as a result of the increased
height.
b) Approval of bUl1dlngs or structures
in excess of twelve (12) stories or one
hundred sixty (160) feet shall be only on
the basis of an Environmental and Fiscal
Analysis demonstrating that any and all
portions of a build1ng or structure ln excess
of twelve (12) stor~es or one hundred sixty
(l60) feet do not result in significant
adverse lmpacts over and above those occurr1ng
at the twelve (12) story, one hundred sixty
(160) foot Ilmitatlons; and, further, that
such additional allowance will produce a
demonstrated, measurable net fiscal beneflt
to the City.
Section 9117Bl. BUILDING HEIGHT The
height of any bUllding or structure erected
ln this district shall be llrnited to six
(6) stories or nlnety (90) feet except that
bUl1dlngs or structures in excess of this
Ilmitat10n may be permitted by the 1ssuance
of a Conditlonal Use Permit under the provlsions
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of Section 9148 provlded that:
a) Approval of bUlldlngs or structures
in excess of six (6) stories and ninety (90)
feet In height but not more than twelve (12)
stories and one hundred sixty (160) feet in
height shall be only on the basLs of an
Environmental and Flscal Analysls satis-
factorily demonstrating that no signlficant
adverse environmental or f1scal impacts
will occur as a result of the increased
helght.
b) Approval of buildings or structures
in excess of twelve (12) storles or one
hundred Slxty (160) feet shall be only on
the basis of an Environmental and Fiscal
AnalyslS demonstrating that any and all
portions of a bUl1dlng or structure In excess
of twelve (12) storles or one hundred S1Xty
(160) feet do not result in signlflcant adverse
lmpacts over and above those occurring at the
twelve (12) story, one hundred Slxty (160) foot
li~itations: and, further, that such additlonal
allowance will produce a demonstrated, measur-
able net flscal beneflt to the City."
SECTION 2.
Sectlon 9148A of Chapter 1 Article
IX of the Santa 110nlca Munic~pal Code relating to conditional
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use permits lS hereby amended by adding Seciton 9l48Al to
read as follows:
"Sectlon 9l48Al. Permlt buildings or
structures in the C3 General Commercial
and C4 Highway Co~ercial Districts to
exceed six (6) storles or ninety (90)
feet provided that:
1. Approval of buildings or structures
ln excess of six (6) storles or ninety (90)
feet in helght but not more than twelve (12)
storles and one hundred Slxty (160) feet 1n
helght shall be only on the basis of an
Environmental and Fiscal Analysis satis-
factorlly demonstratlng that no significant
adverse envlronmental or fiscal impacts wll1
occur as a result of the lncreased height.
2. Approval of bUlldings or structures
in excess of twelve (12) stories or one
hundred sixty (160) feet shall be only on the
basis of an Envlronmental and Flscal Analysls
demonstrating that any and all portlons of a
building or structure in excess of twelve (12)
stories or one hundred sixty (160) feet do not
result ln signlficant adverse impacts over
and above those occurring at the twelve (12)
story, one hundred Slxty (160) foot Ilmitation;
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and, further, that such addlt~onal
allowance will produce a demonstrated,
measurable net fiscal benefit to the City.
.3. Notwithstanding any other provision of
law, any building meet~ng the standards set forth herein, must
be approved.
SECTION 3.
Any provisions of the Santa Monica
Municlpal Code or appendices thereto inconsistent herewith,
to the extent of such incons~stencies and no further, are
hereby repealed or modifled to that extent necessary to effect
the pr-0V~sions of this ordinance.
SECTION 4 .
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
competent jurisdiction, such decision shall not affect the
va11d1ty of the remalnlng portions of the ordinance. The Clty
Council hereby declares that lt would have passed th1S
ord2nance and each and every section, subsection, sentence,
clause or phrase not declared invlaid or unconstitutional
wlthout regard to whether any portlon of the ordinance would
he subsequently declared ~nvalld or unconstitutlonal.
SECTION 5.
The Mayor shall slgn and the City
Clerk shall attest to the passage of this ordinance. The
City Clerk shall cause the same to be publ~shed once in the
offlcial newspaper within f~fteen (15) days after lts adoption.
The ordinance shall become effectlve after thlrty (30) days
from its adoption.
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ADOPTED and APPROVED this
8th day of
November
1977..
11~J~~i~
v ~ MAYOR' ,
ATTEST:
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CS.1TY 'C LERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF SANTA MONICA
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I do hereby certlfy that the foregoing ordinance was
duly and regularly introduced at a meeting of the Clty Council
on the 25th day of
October
, 1977; that thereafter
the said ordinance was duly adopted at a meeting of the Clty
Council of the 8th day of
November
, 1977 by the
following vote of the Councl1:
AYES:
COillilCILNEMBER: Reed, Scott, Trives,
van den Steenhoven,
Mayor Swink
NOES:
COUNCILMEMBER: Bambnck, Cohen
ABSENT:
COUNCILHEMBER: None
APPROVED AS TO FORl-f:
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/ . CI.TY CLERK
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