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