O1463
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CA:RMM:lld386jhpc
city Council Meeting 1-10-89
Santa Monica, California
ORDINANCE NUMBER 1463(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL
CODE SECTION 9002.2 TO PERMIT RESIDENTIAL
PROJECTS WITH VESTING MAPS TO BE REVIEWED UNDER THE
PROVISIONS OF THE PRIOR ZONING ORDINANCE
WHEREAS, the Ci ty Council introduced the "ci ty of Santa
Monica Comprehensive Land Use Ordinancelt (hereinafter "new zoning
Ordinance") for first reading on July 27, 1988 and adopted such
Ordinance on August 9, 1988; and
WHEREAS, the new Zoning Ordinance was effective on
September 8, 1988; and
WHEREAS, pursuant to Municipal Code Section 9120.2 J on
October 5, 1988, the Planning Commission adopted a Resolution of
Intention to amend the new zoning ordinance to allow residential
projects for which vesting tentative map applications had been
filed prior to July 27, 1988 to be reviewed under the provisions
of the prior zoning Ordinance~ and
WHEREAS, on October 19, 1988, following a duly noticed
public hearing, the Planning Commission adopted a resolution
recommending that the ci ty Council adopt an amendment to the
Zoning Ordinance which would allow residential projects for which
vesting tentative map applications had been filed prior to July
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28, 1988 to be reviewed under the provisions of the prior Zoning
Ordinance; and
WHEREAS, the proposed amendment is consistent in principle
with the goals, objectives, policies, land uses, and programs
specified in the General Plan; and
WHEREAS, the public health, safety, and general welfare
require the adoption of the proposed amendment,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
SECTION 1. section 9002.2 of the Santa Monica Municipal
Code is amended to read as follows:
SECTION 9002.2. Vested Riqht. The
following projects shall have a vested
right to proceed without complying with
this Chapter.
(a) Previously Approved Conversion.
The conversion to condominiums or other
form of subdivided ownership for any
mUlti-family dwelling that has a final
subdivision map approved prior to October
1, 1981, and has received either a removal
permit or vested right determination from
the Santa Monica Rent Control Board.
(b) Projects with Currently Valid
Building Permit. The erection,
construction, enlargement, demolition,
moving, conversion of, and excavation and
grading for any building or structure for
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which a valid building permit is in effect
as of the effective date of this
Ordinance.
(c) Previously Approved Development
Permit. The erection, construction,
enlargement, demolition, moving,
conversion of, and excavation and grading
for any building or structure for which a
valid development permit is in effect
pursuant to Ordinance Number 1321 (CCS).
A development permit which does not
contain an express limit on the time for
exercising the permit shall be deemed
valid only if a building permit is
obtained within one year of the date of
adoption of this Chapter. No time
extensions shall be granted for any
development permit approved prior to the
adoption of this Chapter.
Cd) Applications Deemed Complete.
Any project for which an application was
filed pursuant to Ordinance Number 1321
(CCS) and deemed complete in accordance
with Ordinance Number 1441 (CCS) or 1449
(CCS) prior to April 29, 1988.
(e) Development Agreement.
Development in accordance with the terms
and conditions of a development agreement
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approved by the city Council pursuant to
Chapter 8 of Article IX of this Code.
(f) vesting Tentative Maps. Any
residential proj ect for which a vesting
tentative map was filed between April 29,
1988, and July 28, 1988, and subsequently
deemed complete in accordance with Chapter
3 of Article IX.
SECTION 2. 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 3. 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 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 inval id or unconsti tutional without regard to whether
any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 4. 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
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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 CJ
city Attorney
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Adopted and approved this lOth day of January, 1989.
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I hereby certify that the foregoing Ordinance No. 1463 (CCS)
was duly and regularly introduced at a meeting of the Ci ty
Council on the 13th day of December 1988; that the said Ordinance
was thereafter duly adopted at a meeting of the City Council on
the lOth day of January 1989 by the following Council vote:
Ayes: Councilmembers: Abdo, Finkel, Genser, Jennings,
Katz, Mayor Zane
Noes: Councilmembers: None
Abstain: Councilmemhers: None
Absent: Councilmembers: Reed
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ATTEST: . '_ -
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