O1484
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CA:RMM:ll618s/hpc
city Council Meeting 6-13-89
Santa Monica, California
ORDINANCE NUMBER l484(CCS)
(city council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA EXTENDING THE MORATORIUM
ON RESIDENTIAL DEVELOPMENT IN THE AREA BOUNDED
BY OCEAN AVENUE, MONTANA AVENUE, THE EAST
SIDE OF 14TH STREET AND WILSHIRE BOULEVARD FOR
SIX MONTHS IN ORDER TO ALLOW PREPARATION
OF MODIFIED DEVELOPMENT STANDARDS FOR THE AREA AND
ADOPTION OF CONTROLS ON TIMING OF CONSTRUCTION OF
DEVELOPMENT PROJECTS APPROVED IN THE AREA
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) A significant level of development activity has
occurred between January 1987 and March 1989 in the area bounded
by Ocean Avenue on the west, by Montana Avenue on the north
(including the R-3 and R-4 zoned property on the north side of
Montana Avenue), by 14th Street on the east (including the R-3
zoned property on the east side of 14th Street), and by Wilshire
Boulevard on the south (hereinafter referred to as the
"moratorium areall).
(b) More than twenty-one (21) residential development
projects that will result in the construction of 269 new
residential units in the moratorium area have been approved
between January 1987 and March 1989. This number of projects and
units is significant when compared with the development activity
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in the two previous two-year periods in the moratorium area.
During the period from January 1985 through December 1986, only
four (4) residential development projects, which resulted in the
construction of sixteen (16) new residential units, were approved
in the moratorium area. During the period from January 1983
through December 1984, only five (5) residential development
proj ects , which resulted in the construction of seventy- seven
(77) units, were approved in the moratorium area.
(c) While the city's Land Use and Circulation Element,
adopted on October 23, 1983, identifies a standard of 48 dwelling
units per net residential acre for high density residential areas
in the city, the development activity that has occurred between
January 1987 and March 1989 has resulted in 49.4 dwelling units
per acre in the R-4 portion of the moratorium area.
(d) While the City's Land Use and Circulation Element
identifies a standard of 35 dwelling units per net residential
acre for medium density residential areas, development activity
that has occurred between January 1987 and March 1989 has
resulted in 40.9 dwelling units per acre in the R-3 portion of
the moratorium area.
(e) A number of existing properties in the moratorium
area are underdeveloped in relation to the city's existing
allowable height and density limits. This is significant in that
the redevelopment of these currently underdeveloped properties at
greater height and densities could result in the loss of views
and light and could pose a threat to the existing character of
the neighborhood.
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(f) significant parking deficiencies exist in the
moratorium area and increased development is likely to exacerbate
an already unacceptable level of parking problems.
(g) There is continuing and increasing concern regarding
the capacity of the existing infrastructure in the moratorium
area to support increases in densities.
(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 moratorium area.
(i) The amount of construction activity taking place in
the moratorium area causes significant disruption and noise
problems for the residents of the area.
(j) The increase in development activity in the
moratorium area poses a threat to the public health, safety and
welfare of the residents.
(k) In 1 ight of the above-mentioned concerns, the city
Council adopted Ordinance Number l478 (CCS) on May 9, 1989, which
ordinance established a 45 day moratorium and set a public
hearing on whether to extend such moratorium for June l3, 1989.
(I) The City's zoning, planning, subdivision, housing and
building regulations require review and modification as they
pertain to the moratorium area in order to ensure that
development is consistent with the public health, safety and
welfare. Specifically, development standards require revision
and controls on timing of construction of approved development
projects must be devised in order to address problems identified
in the moratorium area.
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(m) Pending adoption of modified development standards
for the area and controls on timing of construction of approved
development projects, it is necessary to extend the interim
control measure established by Ordinance Number 1478 (CeS) in
order to preserve the existing character of the moratorium area
and prevent any further aggravation of the parking and other
infrastructure limitations.
SECTION 2. Moratorium.
(a) Subject to the exemptions set forth in section 3 of
this 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 review permits, conditional use permits, or any other
city permits for the erection, construction, demolition, moving,
conversion of / and excavation and grading for, any residential
building or structure, including any hotel or motel, on
properties zoned R-3 or R-4 in the moratorium area.
(b) Subject to the exemptions set forth in Section 3 of
this ordinance, the Planning Commission and city staff are hereby
directed to disapprove all applications filed after April 28,
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, demolition, moving, conversion of, and
excavation and grading for, any residential building or
structure, including any hotel or motel, on properties zoned R-3
or R-4 in the moratorium area.
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SECTION 3. E~emptions. The following applications are
exempt from the provisions of section 2 of this Ordinance:
(a) Applications for approval of permits involving the
erection, construction, enlargement, demolition of a single
family dwelling, or moving of, and excavation and grading for any
single family dwelling.
(b) Applications for approval of permits involving the
erection, construction, enlargement, demolition, or moving of,
and excavation and grading for any multiple dwelling development
intended for rental housing for persons of low and moderate
income or for senior citizens, and which development is financed
by any federal, state or city housing assistance program or owned
by any non-profit organization, provided the Director of Planning
determines that such development is in conformance with the
General Plan and the Zoning ordinance and provided a deed
restriction is recorded restricting the development to such
purpose.
(c} Applications for approval of permits involving the
rehabilitation or enlargement of existing dwelling units.
(d) Applications for projects deemed complete on or
before April 28, 1989. 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
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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 "substantially complete" if the missing
information is supplied within two (2) working days of the city's
request.
(e) Applications for approval of permits involving the
erection, construction, enlargement, demolition... or moving of,
and excavation and grading for, projects which have been granted
development permits by the Planning Commission or Planning
Division prior to April 28, 1989.
SECTION 4. This Ordinance shall be of no further force and
effect six months from its adoption, unless prior to that date,
after a public hearing, noticed pursuant to Section 9131.5 of the
Santa Monica Municipal Code, the City Council, by majority vote,
extends the interim ordinance as provided by 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 Municipal 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 its 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
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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 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 upon adoption.
APPROVED AS TO FORM:
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ROBERT M. MYERS
city Attorney
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Adopted and approved this 13th day of June, 1989.
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Mayor
I hereby certify that the foregoing Ordinance No. 1484(CCS)
was duly and regularly introduced at a meeting of the city
council on the 13th day of June 1989i that the said Ordinance was
thereafter duly adopted at a meeting of the city council on the
13th day of June 1989 by the following Council vote:
Ayes:
Councilmembers:
Abdo, Finkel, Genser, Jennings,
Katz, Mayor Zane
Noes: Councilmembers:
Reed
Abstain: Councilmembers:
None
Absent: Councilmembers:
None
ATTEST:
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