Item 8-A

City Council Meeting 2-25-97                 Santa Monica, CA

TO:       Mayor and City Council

FROM:     City Attorney

SUBJECT:  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

INTRODUCTION
At its meeting on February 11, 1997, the City Council introduced
for first reading an ordinance amending Zoning Ordinance Section
9.04.08.15.060 to allow for bridge connections between legal
nonconforming buildings in the BSC-2 zoning district. The
ordinance is now presented to the City Council for adoption.

RECOMMENDATION
It is respectfully recommended that the accompanying ordinance be
adopted.

PREPARED BY:   Marsha Jones Moutrie, City Attorney

                     ORDINANCE NUMBER ____
                                
                     (City Council Series)
                                
            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 application was filed for a
Zoning Ordinance Text Amendment to modify Part 9.040.15 of
Article IX of the Santa Monica Municipal Code to allow, under
specified circumstances, the construction of a bridge connection
between  existing legal nonconforming buildings in the BSC-2
District; and
     WHEREAS, the Planning Commission held a public hearing on
the proposed Zoning Ordinance Text Amendment on October 16, 1996,
and recommended City Council adoption of the amendment; and
     WHEREAS, the City Council held a public hearing on the
proposed Zoning Ordinance Text Amendment on February 11, 1997;
and
     WHEREAS, the City Council finds and declares that the
proposed amendment is consistent in principle with the goals,
objectives, policies, land uses, and programs specified in the
adopted General Plan, in that the proposed Zoning Ordinance
amendment to permit bridge connections between existing
structures in the BSC-2 District facilitates better use of
existing office square footage in the downtown and is consistent
with Bayside District Specific Plan policies 4.1.3 and 4.1.6
which encourages the development of office uses above the ground
floor to maintain the area's economic viability; and
     WHEREAS, the public heath, safety and general welfare
requires the adoption of the proposed Ordinance in order to
provide flexibility in how existing buildings are leased and
operated, thereby facilitating better use of existing buildings
and preserving the quality of life in the adjacent and
surrounding areas,
     NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
     SECTION 1.  Municipal Code Section 9.04.08.15.060 is amended
to read as follows:
     Section 9.04.08.15.060 Property Development Standards.
          All property in the BSC District shall be
     developed in accordance with the following standards:
          (a)  Maximum Building Height and FAR.  Maximum
     building height, number of stories and floor area ratio
     shall be determined as follows:
                                   Maximum
                    Maximum        Number         Maximum
     District       Height         of Stories     FAR

     BSC-1          56'            4              3.0
     BSC-2          56'            4              3.0
     BSC-3          56'            4              3.0
     BSC-4          45'            3              2.0

     Notwithstanding the above:
               (1)  There shall be no limitation on the
     number of stories of any hotel, parking 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 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
     or less within the Passageway Overlay Zone, as depicted
     in the Bayside District Specific Plan, may be developed
     to a maximum 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 recorded easement is provided.
                    (v)  The dedicated passageway is a
     minimum of twelve feet in width and is well lighted 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 existing as of the
     effective date of this Section shall not count toward
     this limit.
               (4)  With the approval of a development
     review permit, parcels over fifteen thousand square
     feet within the Passageway Overlay Zone, as depicted in
     the Bayside District Specific Plan, may be developed to
     a maximum 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 recorded easement is provided.
                    (v)  The dedicated passageway is a
     minimum of twelve feet in width and is well lighted 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 existing as of the
     effective date of this Section shall not count toward
     this limit.
               (5)  With the approval of a development
     review permit, parcels in the BSC-2 and BSC-3 Districts
     may be developed to a maximum 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).
               (6)  With approval of a Development Review
     Permit, in the BSC-2 District, existing legal
     nonconforming buildings on different parcels may be
     connected by a bridge which exceeds height limitations
     and FAR limitations for such parcels provided that the
     following conditions are met:
                    (i)  The bridge contains no usable area other
than that reasonably necessary for pedestrian circulation.
                    (ii) The height of the bridge is no
     higher than the existing buildings.
                   (iii)  The bridge would not be
     detrimental to public health or safety.
                    (iv) Appropriate covenants or
     restrictions are recorded with the County Recorder's
     Office which state the intention of the owner(s) to
     develop the parcels as a single building site in
     accordance with Zoning Ordinance Section
     9.04.06.010(g).
          (b)  Building Stepbacks.  For new structures or
     additions to existing structures, any portion of a
     building elevation fronting on Second Street, Third
     Street Promenade or Fourth Street, above thirty 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
     additional stepback requirement above fifty-six feet of
     building height.  In addition, for parcels one hundred
     feet in depth measured from Wilshire Boulevard, Arizona
     Avenue, Santa Monica Boulevard or Broadway (cross
     streets) any portion of a building elevation fronting
     on the cross street, above thirty feet in height, shall
     be stepped back fifteen feet from the cross street. 
     The Architectural Review Board may allow the fifteen-foot stepback to be provided only for the portion of
     the building above forty-five feet in height if the
     Architectural Review Board determines that such a
     stepback is necessary to maintain the district's
     existing character and to provide visual continuity
     with nearby structures.
          (c)  Minimum Parcel Size.  For all zoning
     classifications in the BSC District, minimum parcel
     size shall be seven thousand five hundred square feet. 
     Each parcel shall contain a minimum depth of one
     hundred fifty feet and a minimum width of fifty feet,
     except that legal parcels existing on the effective
     date of this Section shall not be subject to this
     requirement.
          (d)  For all zoning classifications int he BSC
     District, a development review permit is required for
     any new development of more than thirty thousand square
     feet of floor area and for any development with rooftop
     parking.

     SECTION 2.  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,
is hereby repealed or modified to that extent necessary to effect
the provisions of this Ordinance.

     SECTION 3.  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 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 4.  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 30 days from its adoption.

APPROVED AS TO FORM:
_________________________
MARSHA JONES MOUTRIE
City Attorney