O1208
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Council Meeting 04/28/81
Santa Monica, California
ORDINANCE NO.
1208
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA CREATING A
MORATORIUM ON COMMERCIAL AND RESI-
DENTIAL DEVELOPMENT
THE CITY COUNCIL OF THE CITY OF SANTA MONICA ORDAINS AS
FOLLOWS:
SECTION 1. Findings and Purpose. The City Council finds
and declares:
(a) The city's zoning, planning, subdivision, and
building regulations require comprehensive review and revision 1n
order to ensure that development is consistent with the public
peace, health, and safety.
(b) There exists within the City a housing crisis because
of the serious shortage of housing affordable by persons and
families of low and moderate income. New housing developments in
the City have committed scarce land resources to providing luxury
housing unaffordable to most residents of the City.
(c) The new jobs created by commercial developments in
the City have aggravated the housing crisis by generating
additional demands on the limited supply of housing.
(d) The City Council will explore amending the City's
zoning regulations to require low and moderate income housing
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opportunities in all residential developments and to require
commercial developers to meet the housing needs generated by
their developments through on-site and off-site housing. In so
doing, the City Council will explore providing the density
bonuses or bonus incentives provided for in Government Code
Section 65915.
(e) The City adopted a housing element pursuant to
Government Code Section 65302(c) on December 16, 1975. The
housing element has not been revised even though the California
Department of Housing and Community Development found on April
26, 1976, that the housing element failed to comply with state
law. In addition, the housing element does not meet the
requirements of the housing element guidelines adopted by the
California Department of Housing and Community Development on
December 7, 1977, and located in Subchapter 3 (commencing with
Section 6300) of Chapter 6 of Part 1 of Title 25 of the
California Administrative Code.
(f) Recent amendments to state planning law require that
all cities adopt a housing element meeting the requirements of
Government Code Sections 65580-89 on or before October 1, 1981.
The City is currently in the process of revising its housing
element to meet these requlrements. The work of the Citizens'
Advisory Committee is nearly complete. The Planning Commission
and Council will consider a revised Housing Element in time to
comply with state law. To allow development to proceed before
adoption of the revised housing element would be inconsistent
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with proper planning practices and detrimental to the welfare of
the City.
(g) Upon adoption of the revised housing element,
Government Code Section 65913.1 requires that the city designate
and zone sufficient vacant land for residential use with
appropriate standards, in relation to zoning for non residential
use, and in relation to growth projections of the general plan,
to meet housing needs as identified in the housing element.
(h) Pursuant to Government Code Section 659l3.2(a), the
City is required in connection with the regulation of
subdivisions to refrain from imposing criteria for design or
improvements for the purpose of rendering infeasible the
development of housing for any and all economic segments of the
community. The City Council desires to review subdivision
regulations to ensure that design and improvement requirements do
not render infeasible the development of housing for any and all
economic segments of the community.
(i) Pursuant to Government Code Section 65913.2(b), the
City is required to consider the effect of its ordinances and
actions with respect to the housing needs of the entire region.
The City Council desires to establish procedures to ensure such
consideration.
(j) Pursuant to Government Code Section 65913.3, the City
on or before January 1, 1983, is required to provide at the
request of a developer a single administrative agency for the
review of all applications and permits for residential
developments. The City Council desires to streamline its permit
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processing of all development applications, both residential and
commercial, as soon as possible.
(k) Commercial and residential development in the City
has not taken into account the demand for additional police and
protective services, traffic, energy conservation, sewage
capacity, and the interests of adjoining residential
neighborhoods.
(1) The industrial base of the City is diminishing as
already scarce industrial land is being rapidly developed with
commercial uses. To allow a continuing loss of the industrial
base, which provides a source of jobs for all segments of the
community, as well as revenue, is detrimental to the welfare of
the City.
(m) The land use section of the City's Local Coastal
Plan has been completed and must be implemented. The goals of
the Local Coastal Plan are consistent with the intent expressed
in this section. To allow development to proceed within the
Coastal Zone would be detrimental to the implementation of the
Plan and to the best interests of the City.
(n) The public peace, health, and safety is threatened by
the continuing commercial and residential development prior to
the comprehensive review and revision of the City's zoning,
planning, sUbdivision, and building regulations. If urgent
action is not taken, irreversible development activity will
continue unabated, thereby committing scarce land resources to
development not in the best interests of the residents of the
City.
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SECTION 2. Subdivisions.
(a) A moratorium is hereby placed on the acceptance for
processing of any applications for approval of a Tentative Tract
or Parcel Map sought to be filed after the effective date of this
ordinance.
(b) Pursuant to Government Code Section 66473.5, the
Planning Commission is directed to disapprove all Tentative Tract
or Parcel Maps for which applications have been made.
(c) The Planning Commission is directed to deny any
request for extension of any Tentative Tract or Parcel Map made
pursuant to Government Code Section 66452.6.
SECTION 3. Moratorium. A moratorium is hereby placed on
the erection, construction, enlargement, demolition, moving, or
conversion of, and excavation and grading for, any building or
structure in the City of Santa Monica, except:
(a) The erection, construction, enlargement, demolition,
or moving of, and excavation and grading for anyone-family
dwelling in the R-I One-Family Residential D~strict and the
alteration, repair, improvement of, enlargement, or addition to
anyone-family dwelling in any other zone.
(b) The erection or construction of, and excavation and
grading for, any multiple dwelling that the City Council
determines will include at least 25% of the dwelling units
continually affordable to persons and families of low and
moderate income, as defined in Health & Safety Code Section
50093, or for which the Housing Authority (1) has entered into
agreement prior to the effective date of this ordinance, or (2)
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has entered into an agreement after the effective date of this
ordinance and determined at the time of entering into the
agreement that the multiple dwelling should be exempt pursuant to
this subdivision. For projects involving demolition of existing
dwelling units, the affordable dwelling units required by this
subdivision must be built on-site.
(c) The erection or construction of, and excavation and
grading for, any multiple dwelling intended as rental housing for
persons and families of low or moderate income or for senior
citizens, which is financed by any federal or state housing
assistance or owned by any religious or other non-profit
organization.
(d) The erection or construction of any building or
structure in the C-3 General Commercial District of no more than
two stories, not to exceed 30 feet in height and in which the
gross floor area does not exceed the total area of the building
site.
(e) Any building or structure for which construction has
commenced before the effective date of this ordinance and for
which a valid building permit was issued prior to April 17, 1981.
For purposes of this subdivision, the commencement of
construction means the pouring of a portion of the foundation, as
evidenced by having called for or had at least one inspection by
the Building Department prior to the effective date of this
ordinance.
(f) The alteration, repair, improvement of or addition
to, any building or structure, unless the total gross floor area
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of the building or structure will be enlarged by greater than
10%.
(g) Any demolition commenced before the effective date of
this ordinance and for which a valid demolition permit was issued
prior to April 17, 1981. For purposes of this subdivison,
demolition means the actual physical demolition or removal
commenced prior to the effective date of this ordinance.
(h) The conversion to condominiums of any multiple
dwelling that has a final subdivision map prior to the effective
date of this ordinance and has received either a removal permit
or vested rights determination from the Santa Monica Rent Control
Board.
(i) The erection, construction, enlargement, demolition,
or moving or conversion of any building or structure for which a
vested right determination is obtained pursuant to Section 5 of
this ordinance.
(j) Public works projects of the City of Santa Monica.
(k) Signs.
(1) Demolition of buildings for which a Category II
Removal Permit has been granted by the Rent Control Board.
SECTION 4. Moratorium on Permit Issuance. No demolition
permit, building permit, or other permit, including Architectural
Review Board approval but excluding pinal Tract Map approval,
shall be issued for any building or structure covered by the
moratorium created in Section 3. The Building Department shall
issue a stop work order to any person proceeding in violation of
the provisions of the moratorium.
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SECTION 5. Vested Ri9hts Process.
(a) Any person claiming a vested right to be exempt from
Section 3 of this ordinance must substantiate the claims in a
proceeding under this section. In such a proceeding, the person
seeking the vested rlght shall have the burden of proof.
(b) Claims of vested rights shall be determined by the
City Council based upon staff recommendations. Claims shall be
filed on a form approved by the City Attorney. The City Council
shall, within 30 days of the date of filing of a claim, determine
whether to grant, deny, or refer the claim to a hearing examiner
for such determination as the City Council deems necessary. A
claim referred to a hearing examiner shall be decided by the City
Council not later than the adjournment of the second regular
Council meeting thereafter. Decisions of the City Council shall
be reviewable by writ of mandate, subject to the 90 day time
limitation set forth in Santa Monica Municipal Code Section l400.
(c) In order to obtain a vested right, the claimant must
have secured the last governmental approval necessary to the
performance of the desired thing, and in good faith reliance
thereon, must have performed substantial work or incurred
substantial liabilities in furtherance thereof. In determining
claims of vested rights, the following factors will be
cons ide red:
(1) In most situations, a valid building permit is
the final governmental approval necessary for the erection or
construction of a structure.
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(2) Expenses incurred or work performed prior to
the issuance of the final governmental approval, the expenses
incurred in obtaining such approval, including permit fees, are
not deemed expenses or liabilities for work and materials
incurred in reliance on the approval. Such pre-permit expenses
are made in anticipation of the approval, and do not count toward
obtaining a vested right.
(3) Expenses incurred in the acquisition of the
property, including all financing costs incurred in connection
therewith, generally do not count toward obtaining a vested
right. However, financing obtained after the final governmental
approval, such as construction financing or conversion financing,
will count toward obtaining a vested right.
(4) In determining what constitutes substantial
expenditures or liabilities, consideration should be given to the
nature and significance of the work performed, the dollar costs
of the expenditure, and the percentage of the total project costs
represented by the expenditures and liabilities.
(d) Notwithstanding subdivision (c), a claim of vested
rights may be granted even if the final governmental approval has
not been obtained if any unfair hardship would be caused to the
claimant because of substantial expenditures and the liabilities
incurred prior to the issuance of the final governmental
approval.
SECTION 6. Penalties. violation of any provision of this
ordinance is a public nuisance and a misdemeanor, punishable by a
fine of not more than $500, or by imprisonment in the county jail
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for a period not exceeding six months, or by both such fine and
irnpr i sonment.
SECTION 7. Effective Date and Expiration. This ordinance
shall take effect and be in full force thirty (30) days after the
passage and adoption thereof and shall remain in effect until
October 1, 1981, at which time it shall be of no further effect
and shall be deemed repealed.
SECTION 8. Inconsistent Provisions. Any provision of the
Santa Monica Municipal Code or appendices thereto inconsistent
therewith, to the extent of such inconsistencies and no further,
are hereby suspended for the type of construction and development
described herein during the moratorium.
SECTION 9. Severability. 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 any competent jurisdiction, such decision shall not affect the
validity of the remaining portions of the 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 ord1nance would be subsequently
declared invalid or unconstitutional.
SECTION 10. Execution. 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 fifteen (15) days after its adoption. The
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ordinance shall become effective after thirty (30) days from its
adoption.
APPROVED AS TO FORM:
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ROBERT M. MYERS
Acting City Attorney
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ADOPTED Aim APPROVED TH I S
OF May I 1981,
19th
DAY
I HEREBY CERT I FY THAT THE FOREGO I t1G OR!) I NAUCE.,
NO. 1208 J liAS =:JULY Arm REGULARLY INTRODUCED AT A ~EETING
OF THE CITY COurlC I L ON THE 28th DAY OF Aflr i1 I 1981;
THAT THE SAID ORDINANCE HAS THEREAFTER DULY ADOPTED AT A
MEETING OF THE CITY COUNCIL OH THE 19th DAY OF May 1981
BY THE FOLLO\'! I UG COut-K I L VOTE:
AYES: COUNCIU1E~BERS: Conn, Edwards, Press, Zane and
Mayor Yannatta Go1dway
rWES: COU~JCIU1E~BER: Reed
ABSENT: COU~CIL~EMBERS: Jennings
ATTEST:
t:L~
CITY CLERK