O1416
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CA:RMM:lld167/hpc
city Council Meeting 9-8-87
Santa Monica, California
ORDINANCE NUMBER 1416(CCS)
(city council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA LIMITING DEVELOPMENT
IN THE OCEAN PARK AREA PENDING PLANNING STUDIES
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. The city Council finds and declares:
(a) The Ocean Park area is a unique neighborhood with
special characteristics attributable to its coastal location and
historic architectural diversity.
(b) There is continuing and increasing community concern
about the loss of the unique and special character of the Ocean
Park neighborhood due to new development and the existence of
planning and zoning regulations which may no longer adequately
promote the City'S goals for the Ocean Park area.
(c) Significant parking deficiencies in the Ocean Park
area already exist as evidenced by the city Council's recent
creation of several preferential parking zones in the area.
(d) Increased development in the Ocean Park area is
likely to exacerbate an already unacceptable level of parking
problems.
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(e) A number of properties in the Ocean Park area are
under-developed in relation to the city's existing allowable
height and density limits.
(f) There is continuing and increasing concern regarding
the capaci ty of the existing infrastructure in the Ocean Park
area to support increases in densities.
(q) There is continuing and increasing concern about the
scarcity of affordable housing in the Ocean Park area.
(h) There is continuing and increasing community concern
that an increasing number of applications are and will continue
to be filed for development projects within the Ocean Park area.
(h) The City Council has directed the city' s Planning
Division to undertake a comprehensive study of the Ocean Park
area which may result in review and revision of the planning and
zoning regulations that govern development in the Ocean Park
area.
(j) Pending completion of these studies by the Planning
Division, it is necessary to establish an interim control measure
that will preserve the existing character of the Ocean Park area
and prevent any further aggravation of the parking and other
infrastructure limitations.
SECTION 2.
(a)
Notwithstanding sections 2 or 4 of
Ordinance Number 1321 (CCS), no development shall be approved
pursuant to Ordinance Number l321 (CCS), no conditional use
permit shall be approved pursuant to Chapter 1 of Article IX of
the Santa Monica Municipal Code, and no subdivision or parcel map
shall be approved pursuant to Chapter 3 of Article IX of the
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Santa Monica Municipal Code, for land in any residential district
of Ocean Park, as defined in this Ordinance, unless one or more
of the following findings are made:
(1) The project is located in the existing R2R
District.
(2) The project consists of one dwelling unit and
does not exceed two stories and 27 feet in height.
(3) The project consists of a development of not
more than four dwelling units, does not exceed two stories and 27
feet in height, and the project site does not consist of more
than one lot. In addition, the project complies with one of the
following requirements:
(i) With regard to a project located in the
R2, R3, or R4 District, the project complies with existing R2
property development standards, except for building height, set
forth in Chapter 1 of Article IX of the Santa Monica Municipal
Code.
(ii) with regard to a residential project
located in the area bounded by Highland Avenue on the west,
Lincoln Boulevard on the east, Marine Place North on the north
and the City boundary on the south, the project complies with
existing R2R property development standards, except for building
height, set forth in Chapter 1 of Article IX of the Santa Monica
Municipal Code.
(iii) with regard to a new project, other than
a single family home, located on Hollister Court, pico Place, or
Copeland Court, the project complies with review requirements set
forth in Section 4 of Ordinance Number 1321 (CCS).
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(4) The Planning Commission, or City Council on
appeal, may approve a development permit pursuant to section 4 of
Ordinance Number 1321 (CCS) for a project of five or more units
if the following findings are made:
(i) The proj ect is not inconsistent with the
findings set forth in Section 1 of this Ordinance.
(ii) The project complies with R2 property
development standards, except for building height, set forth in
Chapter 1 of Article IX of the Santa Monica Municipal Code,
except that a low- and moderate-income housing project shall not
be subject to this subsection.
A low- and moderate-income
housing project shall be subject, instead, to the density
standards set forth in the Land Use and Circulation Elements. A
low- and moderate-income housing project is a project in which
one hundred percent (100%) of the units are permanently
affordable to a mix of persons of low and moderate incomes.
(iii) The project does not exceed two stories
and 27 feet in height.
(5) The proj ect combines more than one lot and
complies with the relevant property development standards
specified in subsection 2(a) (3), except that such a project must
have at least 2,000 square feet of parcel area for each dwelling
unit.
(6) The project conforms to any resolution of
intention to change zoning in the Ocean Park adopted on or after
the date of this Ordinance.
(7) The application for a project was deemed
complete by the city on or before July 28, 1987.
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(i) An application shall be deemed complete
for purposes of this Ordinance within fifteen (15) days for
subdivision maps and parcel maps, and thirty (30) days for all
other permits,
after the Planning
Division receives a
substantially complete application together with all information,
reports, drawings, plans, filing fees and any other materials and
documents required by the appropriate application forms supplied
by the city. If, within the specified time period, the Planning
Division fails to advise the applicant in writing that his or her
application is incomplete and to specify all additional
information
required
to
complete
that
application,
the
application shall automatically be deemed complete. An
application
is
I'substantially
complete"
if
the missing
information is supplied within two working days of the City's
request. This Section is to be construed as mandatory and not
declaratory with respect to the time wi thin which the City may
act before an application is automatically deemed complete.
(ii) If an application for a project has been
deemed complete by the City on or before July 28, 1987, a
subsequent application for a project of reduced scope on the same
site, or a portion thereof, shall be deemed complete as of July
28, 1987.
( iii)
This section shall not apply for
purposes of deeming an application complete under the Permit
Streamlining Act.
(8) The proj ect is determined to have a hardship
exemption pursuant to Section 3 hereof.
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(b) In the R-3 and R-4 Districts, the roof may extend to a
maximum of 35 feet if the roof pitch is 30% or more on at least
two sides.
(c) Nothing in this Ordinance shall authorize the approval
of any project contrary to any provision contained in Chapter 1
of Article IX of the Santa Monica Municipal Code.
SECTION 3. HardshiD Exemption Process.
(a) Any person claiming a hardship exemption from Section
2 of this Ordinance must substantiate the claims in a proceeding
under this Section. In such a proceeding, the person seeking the
hardship exemption shall have the burden of proof.
(b) Claims of hardship shall be determined by the city
Council. Claims shall be filed on a form approved by the City
Attorney. The city council shall, within thirty (30) days of the
date of filing of a claim, hear and determine whether to grant or
deny the claim.
Decisions of the City Council shall be
reviewable by writ of mandate, subject to the ninety (90) day
time limitation set forth in Santa Monica Municipal Code section
l400.
(c) In order to obtain a hardship exemption, the claimant
must show each of the following:
(1) The claimant incurred substantial expenditures
or liabilities, including expenditures for securing a removal or
other permit, if any, from the Santa Monica Rent Control Board
and for architectural drawings to develop a proj ect consistent
with City requirements in effect prior to the date of adoption of
this Ordinance.
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(2) The expenditures or liabilities were incurred
prior to July 28, 1987.
(3) In determining what constitutes substantial
expenditures or liabilities, consideration should be given to the
nature and significance of the work performed, the dollar costs
of the expenditure, and the percentage of the total project costs
represented by the expenditures and liabilities.
(d) An application for a hardship exemption under this
section shall be filed on or before November 1, 1987.
SECTION 4. Whenever this Ordinance requires calculation of
unit density which may result in fractions of whole numbers, such
numbers are to be rounded to the nearest highest whole number
when the fraction is .5 or more, and to the next lowest whole
number when the fraction is less than .5.
SECTION 5.
For purposes of this Ordinance, Ocean Park
consists of the area bounded on the north by pico Boulevard, on
the east by Lincoln Boulevard, on the south by the City boundary,
and on the west by Ocean Avenue/Barnard Way, and Neilson Way
south of Barnard Way.
SECTION 6.
Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of
this Ordinance, to the extent of such inconsistencies and no
further, are hereby repealed or modified to that extent necessary
to affect the provisions of this Ordinance.
SECTION 7.
If any section, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid
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or unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this 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.
SECTION 8. 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. This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
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ROBERT M. MYERS D
city Attorney
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iR 8th day of September, 1987.
Mayor - _________
I hereby certify that t e foregoing Ordinance No. 1416 (CCS)
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was duly and regularly introduced at a meeting of the city
Council on the 11th day of August 1987; that the said Ordinance
was thereafter duly adopted at a meeting of the city council on
the 8th day of September 1987 by the following Council vote:
Ayes: Councilmembers:
Finkel, Jennings, 1~. Katz, H.
Katz, Reed, Zane and Mayor Conn
Noes: Councilmembers:
None
Abstain: Counci1members:
None
Absent: Councilmembers:
None
ATTEST:
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City ClE~rk