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O1481 ~ - - CA:RMM:11625jhpc city council Meeting 5-23-89 Santa Monica, California ORDINANCE NUMBER 148l(CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CREATING A CITYWIDE MORATORIUM ON NON-RESIDENTIAL AND HOTEL DEVELOPMENT AND DECLARING THE PRESENCE OF AN EMERGENCY THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Findinqs and Purpose. The City Council finds and declares: ( a) In recent years, the pace of non-resldential development ln the city has accelerated dramatically, adversely affecting the capacity and quality of the city's street and hlghway system, the jobs/houslng balance within the Clty, and the quality of life in the community, including environmental quality and neighborhood character. (b) In 1987, a bUllding permit was issued for only one non-residential project totaling 1,014,546 square feet. In 1988, bU11ding permits were issued for twenty-three (23) non-residential projects totaling 2,835,940 square feet. As of May 10, 1989, planning approvals have been granted for twelve (12) non-residential projects totaling 436,304 square feet and there are thirty-one (31) non-residential projects pending Planning comrnission review totaling 3,467,689 square feet. In - 1 - e e addit1on, plannlng approvals have been granted for four (4) more non-resldential proj ects totaling 302,296 square feet in 1987, and for nine (9) more non-resldential projects totaling 235,681 square feet in 1988 for which building permits have not yet been lssued. (c) Based on population and employment project1.ons, the Envlronmental Impact Report on the city's Land Use and Circulation Element, adopted on October 23, 1983, projected that there would be a demand for an additional 5,800,000 square feet of non-residential development by the year 2000. As of 1989, development ln the City has already exceeded the projected amount of development for the year 2000. (d) A reVlew of recent Initial Studies and Environmental Impact Reports prepared for the City reveals that there are at least thirteen intersections in the city where the existing level of service (ltLOS") falls belo"" "0". These reports further reveal that with the lmpact of approved and proposed projects wlthin and outside the Clty, the future level of service of at least thlrty-three (33) intersections across the City is projected to fall below LOS "D". (e) According to the City of Los Angeles, the existing capacity of the Hyperlon Treatment Plant, where wastewater from the C1ty of Santa Monica's public sewer system is treated and dlsposed of, 1S operating at or near its current full capacity, necessitatlng regulation of the rate of wastewater increase handled by the Clty'S sewer system. The urgency of the wastewater treatment and disposal problem is illustrated by the adoption of Ordlnance Number 1451 (CCS) on July 26, 1988. - 2 - '!" e e (f) The pace of non-residential development has far outstripped the pace of residential development in the city, further increasing the imbalance between the number of jobs in the City and the availability of housing for persons employed in the city. (g) Al though revisions to the Zonl.ng Ordl.nance lowered helghts and floor area ratlos ln most non-residentlal districts, these reductions do not control the rate, location or character of development in those areas, and do not adequately address the infrastructural and environmental problems currently facing the Clty. (h) Accordlng to the Envlronmental Impact Report on the Zoning Ordinance, there is a maximum theoretical capacity of between 62,924,000 and 75,916,000 square feet for office, commercial, and industrial development in the city. The maximum build-out potential needs to be re-examined as do the mechanisms for llmltlng and mitigating the impacts of that build-out on the Clty's infrastructure. (i) The increase in development activity in the city poses a threat to the public health, safety and welfare of the residents. (J) The City's zonlng, planning, sUbdivision, and building regulatlons require review as they pertain to the non-residentlal development activity within the City in order to ensure that development is consistent with the public health, safety and welfare. (k) Pending completion of this review, it is necessary to establish an interim control measure that will preserve the - 3 - e e existing character of the city and prevent any further worsenlng of the traffic situatlon, jobs/housing imbalance, and environmental quality and will not further stress the existing infrastructure. SECTION 2. Moratorium. (a) Subject to the exemptions set forth in Seetlon 3 of thls Ordinance, a moratorium is hereby placed on the acceptance for processing of any applications for approval of tentative tract maps, tentative parcel maps, administrative approvals, development reVlew permits, conditlonal use permits, or any other City permlts for the erection, construction, moving, conversion of, and excavation and gradlng for, any non-residential bUlldlng or structure, lncluding any hotel or motel, in the city of Santa Monica. (b) SUbJect to the exemptions set forth in Section 3 of this Ordinance, the Plannlng Commission and city staff are hereby directed to disapprove all applications filed after May 2, 1989, for approval of tentative tract maps, tentative parcel maps, administrative approvals, development review permits, conditional use permits, or any other City permits for the erection, construction, moving, conversion of, and excavation and grading for, any non-residential buildlng or structure, including any hotel or motel, in the City of Santa Monica. SECTION 3. Exemptions. The following applications are exempt from the provisions of Section 2 of this Ordinance: (a) Applications for approval of permits involving proposed developments on land owned, operated or controlled by - 4 - e e the city of Santa Monlca, Santa Monica college, the Santa Monica School Dlstrict, or the State of California. (b) Applications for approval of permits for proposed developments ln the Third street Mall Specific Plan Area and in the Hospital Specific Plan Area. (c) Appllcations for approval of permits for proposed developments that fall at or below the following square feet of floor area for the district in which the development is located: C-2 Neighborhood Commercial 8,000 C-3 Downtown 22,000 C3C Dmvntown Overlay 22,000 C-4 Highway Commerclal 18,000 C-5 Special Office 22,000 C-6 Boulevard Commercial 22,000 CM Maln street 11,000 CP Commercial Professional 16,000 Ml Industrial Conservation 22,000 To the extent that a project contains both residential and non-residential components, this moratorium applies only to the non-residential component of such project. A project that contalns both residential and non-residentlal components may proceed with an applicatlon only if the square footage of the non-residential portion of the proJect falls below the threshold set forth in this subsection. (d) Applications proposed developments applications have been for for filed approval which on or of permlts development before May 2, involving agreement 1989 and - 5 - e e proposed developments for WhlCh development reVlew appllcations have been flIed and deemed complete on or before May 2, 1989. (i) An appllcation 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 applicatlon 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 speclfy all additional information requlred to complete that applicatlon, the application shall automatically be deemed complete. An application ~s "substantially complete" ~f the missing lnformation is supplied within two (2) working days of the City's request. (li) If an application for approval of a proposed development has been deemed complete by the City on or before May 2, 1989, an amended application for the same project shall be deemed complete as of May 2, 1989, so long as the Planning Director determines that the changes to the project do not increase the size or substantially alter the scope of the proposed project. This section shall not apply for purposes of deeming an application complete under the Permlt Streamlining Act. (e) Applications construction, for approval of permits enlargement, demolition, invol ving the or moving of, erection, - 6 - , e e and excavation and grading for, projects which have been granted development permits by the Planning Commisslon or Planning Division on or before May 2, 1989. SECTION 4. ThlS Ordinance shall be of no further force and effect ten months and flfteen days from its adoptlon, unless prlor to that date, after a public hearing, notlced pursuant to Section 9131. 5 of the Santa Monica Municipal Code, the city Council, by majority vote, extends the interim ordinance pursuant to section 9120.6 of the Santa Monica Municipal Code. SECTION 5. This ordinance is declared to be an urgency measure adopted pursuant to the provisions of section 9120.6 of the Santa Monica Munlcipal Code and section 615 of the Santa Monica City Charter. It is necessary for preserving the public peace, health and safety, and the urgency for lts adoption is set forth in the findings above. 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 or unconstitutional by a decision of any court of any competent jurisdiction, such decislon 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 - 7 - .. e e every section, subsection, sentence, clause, or phrase not declared invalld or unconstltutional 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 officlal newspaper within 15 days after its adoption. This Ordinance shall become effective upon adoption. APPROVED AS TO FORM: (l'\.rt~........... ~ ROBERT M. MYERS 0 City Attorney - 8 - 'i. . e . Adopted and approved this 23rd day of May, 1989. U'" I M~ I hereby certify that the foregoing Ordinance No. 1481(CCS) was duly and regularly introduced at a meeting of the city Council on the 23rd day of May 1989; that the said Ordinance was thereafter duly adopted at a meeting of the City council on the 23rd day of May 1989 by the following Council vote: Ayes: Councilmembers: Abdo, Finkel, Jennings, Ka t z , Reed Mayor Zane Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: Genser ~ - - '", ATTEST: d ~-- - - C~ fAj-. Deputy Cit~ Clerk