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City Council Meeting 6-1-82
Santa Monica, California
ORDINANCE NUMBER 1251(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
EXTENDING WITH MODIFICATIONS
INTERIM DEVELOPMENT 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 serious 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
additional demands on the limited supply of housing.
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(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-
n1a 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 I of Title 25 of the California Administra-
t1ve Code.
(e) State planning law requires that all cities adopt
a housing element meeting the requirements of Government Code
Sections 65580-89 on or before October 1, 1981. Although
this deadl1ne is past, the City is diligently proceeding
with revising its housing element to meet these requirements.
(f) 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 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
Ordinance Number 1205 (CCS) creat1ng an Emergency Building
Moratorium on commercial and residential development. On
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April 28, 1981, the City Council adopted Ordinance Number
1207 (CCS) readopting the Emergency Building Moratorium with
amendments. The Emergency Building Moratorium expired on
October 1, 1981.
(i) Three citizen task forces have made detailed re-
commendations to the City Council on residential development,
commercial and industrial development, and permit processing.
The reports recommend substantial changes in various planning
and zoning requirements to ensure that development is con-
sistent w1th the public peace, health, and safety.
(j) On Sepember l, 1981, the City Council adopted
Ord1nance Number 1220 (CCS) establishing interim permit
procedures. The interim permit procedures have ensured that
development is consistent with the public peace, health, and
safety.
(k) On October 27, 1982, the City Council adopted
Resolution Number 6385 (CCS) declaring its intention to
change the zoning.
(1) The Planning Commission has held numerous hearings
on the proposed zoning changes. As a result of these hear-
ings, it is apparent that the rezoning anticipated by Resolu-
tion Number 6385 (CCS) cannot be completed without additIonal
studl.es.
(m) The City has undertaken a study on the impact of
commercial development and is studying development fees and
exactions.
(n) The land use element of the general plan was
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adopted In 1958 and has not been amended or revised. In
order to ensure that zoning is consistent with the needs of
community, it is necessary and desirable to revise the land
use element of the general plan so that it is consistent with
current land uses and reflects community needs for a balanced
community in the future.
(0) Pending completion of these studies, it is impor-
tant that development procedures ensure that development is
consistent with the public health, safety and welfare, the
orderly development of the community, and the economic
stability of the community.
SECTION 2. Subdivisions. Until such time as the C1ty
Council adopts a revlsed 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. Land Use Element. The Planning Department
and Planning Commission shall prepare a revised land use
element of the General Plan. The proposals for zoning
changes contained in Resolution Number 6385 (CeS) shall be
considered in, but shall not limit, the revision of the land
use element. Resolution Number 6385 (eeS) shall no longer
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operate as a resolution of intention to change zoning.
SECTION 4. Development Permitted. The following
development is permitted in the City of Santa Monica without
a development permit under Section 6:
(a) The erection, construction, enlargement,
demolition, or moving of, and excavation and grading for, any
one-family dwelling in the R-I One-Family Residential Dis-
trict and the alteration, repair, improvement of, enlarge-
ment, or addition to anyone-family dwelling in any other
district.
(b) 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.
(c) 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%.
(d> The conversion to condominiums of any multiple
dwellIng that has a f1nal subdivision map prior to October I,
1981, and has received either a removal permit or a vested
rights determination from the Santa Monica Rent Control
Board.
(e) Public works proJects of the City of Santa
Monica.
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(f) Signs.
(g) The erection, construction, enlargement, demoli-
tion, moving, or conversion of, and excavation and grading
for, any bUIlding or structure for which a vested right
determination is obtained pursuant to Section 7 of this
ordinance.
(h) The erection, constructlon, enlargement, demoli-
tion, moving, or conversion of, and excavation and grading
for, any bUIlding or structure for which a vested right
determination or hardship was obtained under the Emergency
Building Moratorium or Ordinance Number 1220 (CCS), provided
that the conditions imposed in making any such determination
are satisfied and provided that the building permit has not
expired pursuant to the provis1ons of the Building Code of
the eity of Santa Monica.
(i) The erection, construction, enlargement, demoli-
tion, moving, or conversion of, and excavation and grading
for, any building or structure for which a building permit
was lawfully issued between April 23, 1981, and September 30,
1981, or for which an exemption was provided by Section 3(e)
of Ordinance Number 1205 (CCS) or Ordinance Number 1207
(CeS), provided that the building permit has not expired
pursuant to the provisions of the Building Code of the eity
of Santa Monica.
(j) Any project for which an exemption determination
was made under Section 3{b) of Ordinance Number 1205 (eeS) or
Ordinance Number 1207 (CCS), provided that the building per-
mit has not expired pursuant to the provisions of the
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Building Code of the City of Santa Monlca.
(k) The erection, construction, enlargement, demoli-
tlon, moving, or conversion of, and excavation and grading
for, any building or structure for which a development
agreement is approved by the City Councilor for which an
interim development permit was granted under Ordinance Number
1220 (CCS).
(I) A change of use that does not l.nvolve more than
$ 100,000 in improvements or renovations and which is deter-
mined by the Director of Planning to be consistent with the
purposes of this ordinance.
(m) The erection, construction, enlargement, demoli-
tion, moving, or conversion of, and excavation and grading
for, any residential building or structure for which a tenta-
tive subdivsion map is approved after the date of adoption of
this ordinance in conformity with the revised housing element
to be adopted.
SECTION 5. Permits Authorized. No demolition permit,
building permit, or other permit, including Architectural
Review Board approval but excludIng Final Tract Map approv-
al, shall be issued for any development not specifically
authorized by Sections 4 or 6 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 Sections 4 or 6 of this ordinance.
SECTION 6. Permit Procedure. The erection, con-
struction, enlargement, demolition, moving, change of use, or
converSlon of, and excavation and grading for, any building
or structure not authorized by Section 4 of this ordinance
may be approved, disapproved, or conditionally approved under
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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 meeting 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 wr1tten 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 Commiss1on or City Council upon appeal
or review shall find that:
(1) The development is consistent with the
findings and purpose of this ordinance.
(2) 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.
(3) The existing and/or proposed public and/or
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private health and safety facilities (including, but not
limited to, sanitary, sewers, storm drains, fire protection
devices, protective services, and public utilities) will be
adequate to accommodate the anticipated results of the
proposed development.
(4) The proposed plans comply with existing
regulations contained in the Municipal Code.
(5) The proposed development will not prejudice
the ability of the City to adopt a revised land use element.
A proposed development will not prejudice the ability of the
City to adopt a revised land use element if the development
is in substantial compliance with Resolution Number 6385
(CCS) .
(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, permitted uses, bulk limits, setbacks
and parking requirements and the requirement of dedications
for necessary or planned right-of-way or improvement. In
imposing conditions, the Planning Commission or the C~ty
Council on appeal shall specifically consider the relation-
ship between the benefit conferred on the City and the burden
on the public created by the development.
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(e) The approval, disapproval, or conditional approval
by the Planning Commission of any application under this
section may be appealed or reviewed in the manner set forth
in Santa Monica Municipal Code Section 9148.
SECTION 7. Vested Rights Process.
(a) Any person claiming a vested right to be exempt
from Section 6 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 claim referred to a hearing
examiner shall be decided by the City Council not later than
the adjournment of the second regular City Council meeting
thereafter. Decisions of the City Counc11 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.
(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
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for such a determination.
SECTION 8. Notice and Application Fees. Notice and
application fees for hearings and appeals pursuant to Section
6 of this ord1nance shall be in accordance with Ordinance
Number 1230 (CCS).
SECTION 9. Expiration. This ordinance shall remain in
effect until 90 days after the date the City Council adopts a
revised land use element after which time it shall be of no
further effect and shall be deemed repealed.
SECTION 10. 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 ll. 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 jurisdict1on, 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.
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SECTION 12. 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 off1c1al newspaper within IS days after its adoption.
The ord~nance shall become effective 30 days from its
adoption.
APPROVED AS TO FORM:
(2.,.(~ k.~
R<?BERT M. MYERS
C1ty Attorney
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ADOPTED AND APPROVED THIS
1st
DAY
OF June
, 1982.
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I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE,
NO. 1251
(CCS), WAS DULY AND REGULARLY INTRODUCED AT A
MEETING OF THE CITY COUNCIL ON THE 25th DAY OF May
1982; THAT THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED
AT A MEETING OF THE CITY COUNCIL ON THE lst DAY OF June
1982 BY THE FOLLOWING COUNCIL VOTE:
AYES:
CQUNCILMEMBERS:Conn, Edwards, Press, Zane and
~ayor Yannatta Goldway
NOES:
CQUNCILMEMBERS:Reed
ABSENT:
CQUNCIlMEMBERs:Jennlngs
ABSTAIN:
COUNCILMEMBERS: Kone
ATTEST:
!~:: LiJ1 ~1Ji~ k
L (- CI_TV lClER~ 0"