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CA:~1M:JSH:jhinto7a
City Council ~eeting 12-11-84
Santa Monica, California
ORDItlANCE 1."1JTvTBER 1321 (CCS)
(Clty Councl1 Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ESTABLISHING INTERI~
DEVELOpr1ENT PROCEDURES PENDING IMPLEMENTATION
OF GENERAL PLAN AMENDMENTS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN
AS FOLLO'iTS:
SECTION 1.
Finr.lngs and Purpose. The City Council
flnos and declares:
(a) The Housing, Lan0 Use anc Circulation Elements of
the General Plan of the City of Santa Monica have recently
been substantially revised.
(b) The City's plannin9 ano zonin~ regulations are
under camprehenslve review anr revision in orrer to ensure
that such regulations are consistent wlth the General Plan as
amended ana consistent with the publlC peace, healt~, sa~ety
and welfare.
(c) Penclng
coropletion of these revislons,
it lS
important t~at eevelopment be consistent with the General
Plan.
~d) The existlng Interim Development process adoptee
pursuant to Ordinance Number 1251 (CCS) expires by its own
terms 90 cays froM October 23, 1984, toe date on which the
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City Counc~l aoopted t~e revlser Lane Use anr Circulation
Elements of the General Plan.
SECTION 2. Develop~ent Permitter. The following
development is permitteo in the City of Santa Monica without a
development perM1t un~er Sectlon 4:
(a) S1nale Dwelllngs ane Accessory BuiJnings. In any
residentlal nlstrict, the erectlon, co~struction, enlargement,
remodelinq,
repair, deMolition, or movlng of, ann excavation
an0 qrading for, any single Qwelllna unit, or any accessory
building, except for new construction exceedlng 30 feet in
heloht in the RI District.
(n) Multlple Dwellings. In any res1cential Gistrict,
the erect1on, construction, enlargement, remodeling, repair,
nemolition, or moving of, a~0 excavation ann graning for, two
or more resi~ential unlts, provi0ed the Director of Plannina
determines that such development is consistent with the
General Plan and the Zoni~g Ornlnance sUbJect to the following
conditions:
(I) Plans for final nesign ane landscaping shall
be subject to review anr approval ry tne Architectural Review
Boarn.
(2) Final parking lot layout anc specificat10ns
shall be subJect to the review an0 approval of the Parking an0
Trafflc Engineer.
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(3) Openanle winnows shall be provideo throuahout
the project, in a Manner consistent witn applica~le builrina
coce an~ energy conservation requirements.
(4) A 0ul1ring permit shall be obtaineo within one
year frOM t~e nate t~e Director of Plann1nq retermines tnat
such development may proceed pursuant to this subsection.
(c) Government Assisted Housing. The erectlon or
construction of, ano excavation ann grading for, any ~ultlple
rwelling intender
~or rental housing for persons of low or
morerate lncame or for senior cltjzens ann which is ~inanced
by any federal, state or clty houslng assistance program or
owned by any non-profit organization, provided the Director of
Planning ~etermines that suc~ ~evelopment lS in conformance
with the General Plan anr the Zonina Or~inance.
(0) Cnanges of Use.
Any change of use which the
Director of Plannina aetermlnes is in conformance witn the
Ge neral
Plan and Zoning Orrinance.
A aevelopment permit
pursuant to Section 4 shall he requirer for any cras station,
auto repair snap, auto parts store,
24-hour Market or ot~er
24-hour use, fast food establlshroent, entertainment use, vireo
arcac'le,
restaurant with ~ore than 50 seats, or alcohol outlet
whlcn requires a conoltional use pe~lt.
(e) ~odifications to Non-Residentlal anr ~ixed Use
P,rojects.
~e relocation, enlargement, expansion, alteration,
repair,
improvement,
and excavation anr
builning
or bUll(hng
cornrlex,
providea
grading for, any
the Director of
Planning dete~ines that such reveJopment 1S consistent with
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the General Plan anc Zonlng Orrinance subject to the followin~
condi tlons:
(1) The total aross floor area being anoen does
not exceed 10,000 square feet of ail0itional arose floor area.
A development permit under Section 4 shall be required for an
expansion of ~ore than 10% of the existing floor area of any
alcohol outlet,
shop, 24-hour
establishMent,
Over 50 seats.
( 2 ) Pl an s
gas station, auto repair
market or other 24-hour
shop, auto parts
use,
fast fooCl
entertainment use, video arcade or restaurant
For
final
nesign,
lanilscapino,
screening,
trash enclosures, anr si9nage snaIl be subject to
revlew ann approval by t~e Architectural Review Board. The
Architectural ReV1ew Boarr, ln its review, shall pay
particular attention to tne project's pe~estrian orlentation
and perestrlan amenltles,
el eJlle n ts,
exterior colors,
scale anc"
textures
articulation or nesign
an,' materials, winilow
treatment, glazing anc" landscaplnq.
(3) F1nal parking lot layout and specifications
shall be subject to the review and approval of the Parkin~ and
Traffic Engineer.
(4) Openable wln~ows s~a]l be provided throughout
the project in a Manner consistent witr applicable buililincr
coce anr energy conservation requirements.
(5) Street trees s~all he retainer, relocated or
provic"eCl as requiren by the City's Tree Co~e (Or~inaDce Nu~~er
1242 (CCS)), anc ln confo~lty with tne specifications of the
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Department of Recreation an0 Parks anc the Department of
General Services. No street tree shall be remove0 without the
approval of the Department of Recreation ano Parks.
(6) Street and/or alJey 11ghtln9 shall be
on puhllC r1qnts-o~-way a~~acent to the proJect in
provioec'l
confOIi'1i ty
with t~e specificatlons of t~e Department of
General Services.
(7) On-site parkip~ shall be roare available
without cost to builring employees When necessary to comply
with the Land Use and Clrculation Elements.
(8) A security plan shall he approve0 by the
Chief o~ Pollce prior to the issuance of a Certificate of
Occupancy when necessary to cOMply with the Land Use anc
Circulation Ele~ents.
(9) No noise generatlng compressors or other such
equipment shall be placer a~jacent to neighboring residential
bui ldings.
( 1 0 ) Th e
operation
shal]
at all times be
conructed 1n a manner not oetrimental to surroupoina
properties or resioents by reason of lights, noise,
act1vities, parkin~ or otner acti0ns.
(11) A bUllding permlt s~aJl be obtained wltn1n
one year from the date the Director of Planninq determines
that suc~ development may proceec pursuant to this subsection.
(12) Tne development shall co~ply with all 1e9al
requirements regarding provisions for the disabled.
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(f) New Non-Resldential and ~1ixea Use Projects. The
erection,
construction, de~olltlon or excavation and grading
for any builolng or huildlnq COMplex, provloen the Dlrector o~
Planninq cetermines t~at suc~ oevelopment is consistent with
the General Plan and Zoning Or01nance subject to the following
cone'! i tions:
(I) Tpe total gross floor area does not exceer
15,000 square feet. A development pe~it un~er Bectlon 4, in
ad~itl~n to any other entitle~ents for use requirer by law,
shall be requlrp0 for any gas station, auto repair spop, auto
parts store,
24-hour market or other ?4-hour use, frtst f000
establ i shmen t,
entertainment use,
vj~eo arcare, restaurant
wi th rrore than 50 seats, or al cohol outl et which requires a
conditlonal use permit.
( 2 ) PI ans
for
final
deslgn,
lanf'scaping,
sc reening,
trash enclosures, an~ signage s~al1 be subiect to
review and approval hy the Architectural Review Boarr. The
Archi tectural
p .
i_ev 1 ew
Boarr'l,
in lts review,
s'hall pay
particular attentlon to t~e proiect's pedestrian orientation
anf' perestrian amenitles,
s~ale anr articulation or r.eslgn
eJ ements,
exterior colors,
texturee anf' materials, winf'ow
treatMent, qlazinq and lanf'scapin0.
(3) Flnal parkino lot layout anr'l speciflcations
shall be subject to the reVlew anf' approval of tne Parkina and
Traffic EnOlneer.
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(4) Openable winnows shall he provi0e~ tnrouahout
the project in a manner consistent wit~ appllcahle bui10ina
cooe and enerqy conservation requireMents.
(5) Street trees shall he retainer, relocated or
providec as requiree by the City's Tree Cooe (Ordinance NUMner
1242 (Ces)), and in conforMity wlth the specif1cations of the
Department of Recreation and Parks and tne Department of
General Services. no street tree shall be rewoven without the
approval of tne Depar~ent of Recreation ane Parks.
(6) Street an%r alley li~hting snaIl he
provided on publlC riqhts-of-way aoiacent to the project ln
conformity ~dt~ the specifications of tne Department of
General Services.
(7) On-slte parkins snalJ be ~aoe availabJe
without cost to nuiJning e~ployees when necessary to COMply
with the Lanr Use ane Circulation EleMents.
(8) A security plan shall be approve0 by the
Chief of Pollce prior to the lssuance of a Certificate of
Occupancy vmen necessary to cOMply wlth the Lann Use anr
Circulation Elements.
(9) No nOlse g-enerating compressors or other such
equlpMent s~all he placed ae,acent to nelghboring residential
bUlldlngs.
( I 0 ) Tn e
operation
s}1 aJ 1
at all tlMes be
conducte0
properties
In
a
manner not detri~ental to surrounring
or
residents
by
reason of ] iqhts,
noise,
activities, parking or other actlons.
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(11) A huilding permit shall be obtained within
one year from the (late tlle ['Iirector of Planning C1etemines
that such neveloproent MaY proceeo ptrrsuant to this subsection.
(12) The nevelopMent shall comply witn all legal
requirements reqaroing provisions for the C1isahler.
(q) Previously Approved Converslons. The converS1on to
con0~iniums or other ~o~ of SUholvioed ownersnip for any
~ultiple Awell1nc that nas a final suh~ivision ~ap approved
prior to October I, 1981, ano ha~ received either a reMoval
permi t or vested right c1eterrr1nation from t"be Santa r1"onica
Rent Control Boarr.
(h) Suhdivisions.
The
erection,
construction,
enlargeMent, demolition, Moving, or converS1on of, an~
excavatlon and qrarlinq for, any resiaentlal builning or
structure for which a tentative subnivision map is approved
subsequent to January 25, 1983, in conformity with tne Housing
EleMent adopteo on sucn date.
(i) Tenant participatino Converslons.
The convers ion
of anv reslrentlal buiJcina pursuant to Article XX o~ the City
Charter.
(j) ProJects W1th Currently Valid BuiJdinq Pe~its.
T~e erectlon, construction,
enlaraeMent, nemol1tion, moving,
conversion of anr excavation and oraolna ~or, any builrina or
structure for Whlcn a valla buiJrina pernlt is ln ef~ect as of
the effect1ve nate of this orrlnance.
(k)
Prevlously
Approvecl
Development Permits.
The
erection,
construction,
enl argenen t,
nelTlOlltion,
moving,
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conversion of an0 excavatlon ana qra0ing for, any builDing or
structure for whic~ a vaJin nevelopment per~it is in effect
pursuant to Orclnance NuMber 1251 (eeS). A development permit
whlcn coes not contain an express limit on t~e tiMe for
exercls1ng the pernit shall be neemen valin only If a buil~ing
permit is obtained within one year of tne ~ate of anoption of
tlllS orr'l inance.
with
0)
(rn )
(n)
the
Slgns.
PuhllC Works ProJects of the City of Santa Monica.
Developl'1en t
terMS and
AgreeMents. Development in accor~ance
conr'litions of a development agreeMent
approver by the City Councll pursuant to Section qR00 et seq.
of the Municipal Cone.
(0) Demolition. Demolitlon approved by the Planning
Dlrector ano Building Officer as necessary for the protection
of puhlic safety.
No cemolition perMit,
SECTION 3. Pe~its Autnorizen.
husine~s licepse,
permi t or
Rev i ew Boan'!
builoina pernit,
or otr.er
entitJ ement for
approval,
be lssue~
pe mi t tea
issued a
o rCI nance .
incJur'lina Architectural
use,
hut excluding final SUb01vlsion ~ar approval, snail
for any 0evelopwent unless such development is
pursuant to Section 2 of this orrinance or nas been
nevelopMent permit pursuant to Section 4 of this
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SECTlorr
4.
Perrni t
Procedure.
T"he
erection,
construction, 0e~olltlon, enlargement, expansion, reJocation,
alteration, repalr, l~provement, cpanqe of use, or conversion
of ana excavation ana ("rarino for, any buiJring or structure
not rerMittec pursuant to Section 2 of this or~inance shall be
approve~, conaitionally approved or disapprover pursuant to
the following stan8arrs anc procerures:
(a) Application for a revelop~ent permit under this
Section shall PE' ~aoe,
in writin0, with the Director of
Planning.
ad di tlonal
~ne Director of
copies, materials
Plannlnq snaIl require
or infOrMation as may
such
be
necessary for proper evaluatlon. The Director of Plannin~
shall place the application before the Planning COMMisslon at
the earlJest practicablE' opportunity. The matter shall be set
for public nearlng in accorrance wit~ ~mnlcipal Code ~ectjon
9148.
(b) Followi nC"
review an0 evaluation,
tr.e o1annino
Commission, or tne City Council upon appeal or review, shal 1
approve, condltlonally approve or ~isarprove the application.
Wrltten notlce of sucp declsjon, incluring finrlngs of fact in
support of such decision, shall be provireo to the applicant
an~ approprlate clty officials.
(c) In approving, concitionallv approving, or
disapproving of an application, tne Plannino ComMisslon, or
City Council uran apfleaJ or reVlew, shall Make \-lritten
finrlngs of fact that:
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(l) Tl'le
developMent
ie consistent with the
findings anc purpose of tnls orOlnance.
(2) Tne physical location, place~ent of proposeQ
structures
the Lan(l
on tne site, ano where
Use ano Clrculaticn
site reVlew is required hy
I:lernents,
the size of the
~tructures are c~patible with ann relate har~oniously to
surrounning sites and neighnornoors.
(3) Tne existinq anr/or proposen rights-of-way
and facilitles for both perestrian ann auto~o~ile traffic will
be arequate to accomorate the
proposer reveloprnent incluclnq
and access thereto.
(4) T~e eY~stin0 anc/or proposea public an(l/or
health ano safety racllitles (~nclucin9 but not
anticipate0 results of the
off-street parking ~ari]ities
pr lva te
limi tee
to sanitary, sewers, sto~ 0rains, fire protectio~
cevices, protective serVlces,
adequate to aCCOWMocate the
proposed nevelop~ent.
(5) The proposed oeve]op~ent lS consistent w~th
the General Plan of the Clty of Santa Monica anc the Zoning
and public ut~lities) will he
anticipated results of the
Ordinance.
(6) The proposee aevelop~ent ~itigates
significant acverse impacts ]rentifie~ in an Initial Stuny,
Negatlve Declaration or Environmental Impact Report.
(7) For new general an(l werical office
developnent over 15,000 square feet, anc any aorition of over
10,000 square feet of office space, such development shall
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prov1<'le aoequa te Project l-li tiga tion rfeasures to meet the goals
of the Lan0 Use ana CircuJation Elements of the General Plan
or any sUDsequent CIty orcinance wnich further impler.ents tris
pr 00 r Cl1'1 .
Uq In
rt'a"k i nq
its
ry e ten'1 i na tinfl ,
the
PlaI1nincr
ConITIISS1on, or tre City Counc1l on appeal or reVlew, may
attach sucn conolt10PS as it ~eews necessary to assure that
trE' criteria set forth ln subdivision (c) of the section are
accorrpll shed.
(e) The approval, con[litlonal approval or aisapproval by
the Plannina Commission under trds section may be appealed or
reVIewed if"! the ~anner set fort~ in ~unicipal Core Section
9148.
SECTIon 5. Notice anc Application Fees. Notice an[l
applIcatIon fees for the processlnq of oevelop~ent permits
shall 'be In ace-orrance WI th OrilinancE' l'TuMber 1230 (CCS).
SECTIOlT 6. In<"'onsistent Provisions. Any provisIon of
the tfunicipal Coile or appen(ticeF thereto j nconsistent_ wi t'h the
provi s inns
of
this
or,11nance,
to the extent of such
Inconsistencies and no further, is hereby repeale0 or no~ifieil
to that extent necessary to ef~ect the provisions of this
orolnance. Resolution f385 (CCS) is hereby repealed.
SECTION 7.
SeverarI1lty.
If any section, subsection,
sentence,
clause,
or ['rrase or thlS orClnance is for any
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reason heIr to be lnvaJic or unconstitutional hy a ceclsion of
any court of cawpetent jurisoiction,
such reClsion snaIl not
affect
the
validity of tne reMainlncr portions of t"he
orclinance.
The City Council herehy neclares that it would
have passed thlS orcllnance anr each anr every section,
suhsection, sentence, clause or pnrase not oeclarerl invalin or
unconsti tutional wi thout reqan'l to whether any portion of the
ordlnance
would
be
suhsequently
c'leclarec'l
invalld or
unconstitutlonaJ .
SECTION" 8.
Execution.
The ~ayor shall sign anc the
City Clerk shall attest to the passane of this orrinance. The
City Clerk 8hall cause t~e same to he puhlishec once in the
of ficiaJ
newspaper wi thin 15 cays aFter its anoption. The
ordinance shall bec~e effective 30 rays from its anoption.
APPROVED AS TO FOill-J:
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ROBERT z,,1. MYERS
Ci ty Attorney
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Adopted and approved this 11th day of December 1984.
~Jy, ~
/ Mayor
I hereby certify that the foregolng Ordinance No. 1321 (CCS)
was duly and regularly introduced at a meeting of the Clty
Councl! on the 4th day of December, 1984; that the sald Ordlnance
was thereafter duly adopted at a meeting of the City Councl1 on
the 11th day of December, 1984 by the followlng Councll vote:
Ayes: Councilmembers:
Conn, Edwards, Epstein, Jennings,
Katz, Zane and Mayor Reed
Noes: Councilmembers:
None
Abstain: Councilmembers:
None
Absent: Councllmembers:
None
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ATTEST:
~'4~
Clty Clerk