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O1251 e . CA:RMM:r 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. e e (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 -2- e e 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 -3- e e 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 -4- e e 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. -5- e e (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 -6- e e 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 -7- e e 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 -8- e It 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. -9- e e (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 -IO- e e 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. -ll- . e 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 -12- I # e e ADOPTED AND APPROVED THIS 1st DAY OF June , 1982. \_klf 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"