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O1220 . . CA:RMM:r City Council Meeting 9-1-81 Santa Monica, California ORDINANCE NUMBER 1220 (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA LIFTING MORATORIUM ON CERTAIN DEVELOPMENT AND ESTABLISHING INTERIM PROCEDURES THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Findings and Purpose. The City Council finds and declares: (a) The City's zoning, planning, subdivision, and building regulations are under comprehensive review and revi- sion in 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 ser~ous shortage of housing affordable by per- sons 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 e . additional demands on the limited supply of housing. (d) 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 Califor- nia 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 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 Administra- tive Code. (e) Recent amendments to state planning law require that all c1ties adopt a housing element meeting the require- ments 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 requirements. The Planning Commission is currently considering a housing ele- ment. However, the Planning Commission has indicated that it w111 not forward a housing element to the City Council for its consideration until an environmental impact report is completed as required by the California Environmental Quality . Act. (f) Commercial and residential development in the City has not taken ~nto account the demand for additional police and protective services, traffic, energy conservation, sewage -2- e e capacity, and the interests of adjoining residential neigh- borhoods. (g) The industrial base of the City has been diminish- ing as already scarce industrial land is being rapidly devel- oped with commercial uses. (h) On April 22, 1981, the City Council adopted Ordi- nance Number 1205 (CCS) creating an Emergency Building Moratorium on commercial and residential development. On April 28, 1981, the City Council adopted Ordinance Number 1207 (CCS) readopting the Emergency Building Moratorium with amendments. The Emergency Building Moratorium expires on October 1, 1981. (i) During the period of the Emergency Building Mora- torium, three citizen task forces have been meeting to make recommendations to the City Council on residential develop- ment, commercial and industrial development, and permit processing. The reports of the Residential Task Force and the Commercial and Industrial Task Force recommend substan- tial changes in various planning and zoning requirements to ensure that development is consistent with the public peace, health, and safety. (J) Interim permit procedures are necessary in order to lift the Emergency Building Moratorium pending full imple- mentation of task force recommendations. The interim proce- dures are necessary to ensure that development proceeds in a manner consistent with the public peace, health, and safety. -3- e e (k) The Emergency Building Morator1um ensured that irreversible development activity did not continue unabated, thereby commiting scarce land resources to development not in the best interests of the residents of the City. This ordi- nance is necessary to ensure that development occurring after October 1, 1981, is in the best interests of the residents of the City. SECTION 2. Subdivisions. Until such time as the City Council adopts a revised housing element: (a) No application for approval of a Tentative Tract or Parcel Map shall be accepted for processing. (b) Pursuant to Government Code Section 66473.5, no Tentative Tract or Parcel Map for which application has been made shall be approved. (c) No extension of any Tentative Tract or Parcel Map shall be granted pursuant to Government Code Section 66452.6. SECTION 3. Development Permitted. The following development is permitted in the City of Santa Monica: <a) The erection, construction, enlargement, demolition, moving, or conversion of, and excavation and grading for, any building or structure for which approval or conditional approval is obtained under the Interim Permit Procedure set forth in Section 5 of this ordinance. (b) The erection, construction, enlargement, demoli- tion, or moving of, and excavation and grading for, any -4- e e one-family dwelling in the R-l One-Family Residential Dis- trict and the alteration, repair, improvement of, enlarge- ment, or addition to anyone-family dwelling in any other district. (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 alteration, repair, improvement of or addition to, any building or structure, unless the total gross floor area of the building or structure will be enlarged by greater than 10%. (e) 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 a vested rights determination from the Santa Monica Rent Control Board. (f) Demolition of buildings for which a Category II Removal Permit has been granted by the Santa Monica Rent Control Board. (g) Public works projects of the City of Santa Monica. (hl Signs. -5- e - (1) The erection, construction, enlargement, demoli- tion, moving, or conversion of, and excavation and grading for, any bUllding or structure for which a vested right determination is obtained pursuant to Section 6 of this ordinance. (j) The erection, construction, enlargement, demoli- tion, moving, or conversion of, and excavation and grading for, any bUlld1ng or structure for which a vested right determ1nat1on or hardship was obta1ned under the Emergency Building Moratorium, provided that the cond1t10ns imposed in making any such determinat10n are satisfied. (k) The erection, constructIon, enlargement, demoli- tion, moving, or conversion of, and excavation and grading for, any building or structure for wh1ch a building permit was lawfully issued between April 23, 1981, and September 30, 1981, or for which an exemption was provided by Section )(e) of Ordinance Number 1205 (CCS) or Ordinance Number 1207 (CCS ) . (1) Any project for Wh1Ch an exemption determination was made under Section 3(b) of Ordinance Number 1205 (CCS) or Ordinance Number 1207 (CCS). (m) The erection, construction, enlargement, demoli- tion, moving, or convers~on of, and excavation and grading for, any building or structure for which a development agreement is approved by the City Council. SECTION 4. Permits Authorized. No demolition permit, bUlldlng perm1t, or other permit, lncluding Architectural Review Board approval but excluding F~nal Tract Map -6- e e approval, shall be issued for any development not specifical- ly authorized by Section 3 of this ordinance. No building permit issued prior to April 22, 1981, for which stop work orders are in effect shall be valid unless such development is permitted pursuant to Section 3 of this ordinance. SECTION 5. Interim Permit Procedure. The erection, construction, enlargement, demolition, moving, change of use, or conversion of, and excavation and grading for, any build- ing or structure may be approved, disapproved, or condi- tionally approved under the following procedures: (a) Application for the approval of a development under this Section shall be made with the Planning Director. Upon receipt of such application, the Planning Director shall require such additional copies, materials or information as may be necessary for proper evaluation thereof, and shall place the matter before the Planning Commission at the earliest practicable meet1ng thereof. The matter shall be set for public hearing in accordance with the provisions of Santa Monica Municipal Code Section 9148. (b) Following review and evaluation, the Planning Commission or the City Council upon appeal or review shall approve, disapprove, or conditionally approve each applica- tion and require that written notice of such determination be communicated to the applicant and appropriate city offi- cials. (c) In approving or conditionally approving any appli- cation, the Planning Commission or City Council upon appeal or review shall find that: (1) The development is consistent with the -7- e e findings and purpose of this ordinance. (2) The development is consistent with any interim development standards adopted from time to time by ordinance or resolution of the City Council. ()) The existing and/or proposed rights-of-way for both pedestrian and automobile traffic will be adequate to accommodate the anticipated results of the proposed development including off-street parking facilities and access thereto. (4) The existing and/or proposed public and/or private health and safety facilities (including, but not limited to, sanitary, sewers, storm drains, fire protection devices, protective serv~ces, and public utilities) will be adequate to accommodate the anticipated results of the proposed development. (5) The proposed plans comply with existing regulations contained the Municipal Code. (d) In making its determination, the Planning Commis- sion or the City Council upon appeal or review may attach such conditions as it deems necessary to assure that the criteria set forth in subdivision (c) of this section are accomplished, including, but not limited to, the establish- ment of height limits, bulk limits, setbacks and parking requirements not necessarily corresponding to those existing ~n the District involved, and the requirement of dedications for necessary or planned right-of-way or improvement. The -8- ""'---- - e Planning Commission or the City Council upon appeal or review may grant a variance, use permit, or conditional use permit in its decision approving or conditionally approving an application. (e) The approval, disapproval, or conditional approval by the Planning Commission of any application under this sec- t10n may be appealed or reviewed in the manner set forth in Santa Monica Municipal Code Section 9148. SECTION 6. Vested Rights 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 right 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 45 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 cla1m referred to a hearing examiner shall be decided by the City Council not later than the adjournment of the second regular C1ty Council meeting thereafter. Decisions of the City Council shall be review- able by writ of mandamus, subject to the 90 day time limita- tion set forth in Santa Monica Municipal Code Section 1400. -9- e e (c) A vested right determination can be granted only if the claimant can demonstrate that it would have been granted a vested right determination from the Emergency Building Moratorium adopted on April 22, 1981, had it applied for such a determination. SECTION 7. Expiration. This ordinance shall remain in effect until July 1, 1982, 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 incon- sistent 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 affect the provisions of this ordinance. 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 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 ordinance would be subsequently declared invalid or unconstitutional. -10- e e 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 15 days after its adoption. The ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: ~~.~ R~BERT M. MYERS 0 C1ty Attorney -11- . ~ . e "'- ADOPTED AND APpoOVED THIS 1st DAY OF Septer.1ber ~ 1981. .~L~ I MA YOR I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE, NO. 1220 ~ HAS DULY AND REGULARLY INTRODUCED AT A DAY OF August ~ nEETING OF THE CITY COUNCIL ON THE 25th 1981; THAT THE SAID ORDINANCE L~AS THEREAFTER DULY ADOPTED AT A MEETING OF THE CITY COUUCIL OH THE 1st DAY OF Sept?mber 1981 BY THE FOLLOHING COUNC IL VOTE: AYES: COUNCILMEMBERS: Conn~ Edwards~ Jennings, Press~ Zane, Mayor Yannatta Goldway rID E S : COUNCILMEMBERS: None ABSENT: COUr~CIU1Ef1BERS: Reed ABSTAIN: COUNCILMEMBERS: None ATTEST: /- ..' "- ~ CITY CLERK T