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O1570 'f e e f'-' CA:MHS:msresid/hpadv City Council Meeting 2-26-91 Santa Monica, California ORDINANCE NUMBER 1570 (ecs) (city Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA EXTENDING THE CITYWIDE MORATORIUM ON NON-RESIDENTIAL AND HOTEL DEVELOPMENT AND DECLARING THE PRESENCE OF AN EMERGENCY THE CITY COUNCIL OF THE CITY OF SANTA MONICA OOES ORDAIN AS FOLLOWS: SECTION 1. Findings and Purpose. The City Council finds and declares: (a) In recent years, the pace of non-residential development in the city has accelerated dramatically, adversely affecting the capacity and quality of the City's street and highway system, the jObs/housing balance within the city, and the quality of life in the community, including environmental quality and neighborhood character. (b) In 1987, a building permit was issued for only one non-residential project totaling 1,014,546 square feet. In 1988, building permits were issued for twenty-three (23 ) non-residential projects totaling 2,835,940 square feet. In 1989, discretionary planning approvals were granted for 17 non-residential projects totaling 1,077,402 square feet. In 1990, discretionary planning approvals were granted for 13 - 1 - e e J non-residential projects totaling 776,987 square feet. In addition, of the 17 discretionary projects approved in 1989, nine (9) of the projects, totaling 577,910 square feet, have not yet been issued building permits and begun construction. (c) since the non-residential development moratorium was initially adopted by the City Council in May 1989, and through November 1990, a total of 203,308 square feet of non-residential, non-discretionary development has been approved under the provisions of the moratorium ordinance. (d) Based on population and employment proj ections, the Environmental Impact Report on the city's Land Use and Circulation Element, adopted on october 23, 1984, 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 in the City has already exceeded the projected amount of development for the year 2000. (e) A review 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 (t'LOS") falls below liD". These reports further reveal that with the impact of approved and proposed projects within and outside the city, the future level of service of at least thirty-three (33) intersections across the City is projected to fall below LOS "0tl. (f) According to the City of Los Angeles, the existing capacity of the Hyperion Treatment Plant, where wastewater from - 2 - e e the city of Santa Monica's public sewer system is treated and disposed of, is operating at or near its current full capacity, necessitating regulation of the rate of wastewater increase handled by the City's sewer system. The urgency of the wastewater treatment and disposal problem is illustrated by the adoption of Ordinance Number 1451 (CCS) on July 26, 1988. (g) 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. (h) Although revisions to the Zoning Ordinance lowered heights and floor area ratios in most non-residential 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 City. (i) According to the Environmental 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 limiting and mitigating th impacts of that build-out on the city's infrastructure. - 3 - I e e (j) The increase in development activity in the City poses a threat to the public health, safety and welfare of the residents. (k) The City's zoning, planning, subdivision, and building regulations require review as they pertain to the non-residential development activity within the city in order to ensure that development is consistent with the public health, safety and welfare. (1) Following the initiation of Ordinance Number 1481 (CCS) creating a ten month and fifteen day moratorium, three public workshops were held to help familiarize and involve the public with issues to be addressed as part of a Citywide growth management strategy. In addition, three reports were released, a background report which discussed the existing condition of the City, a fiscal analysis which discussed the fiscal impact of new development on the City, and a Citywide Traffic study which analyzed the operation of the city's street system. (m) since the initiation of Ordinance Number 1512 (CCS) extending the moratorium for an additional ten months and fifteen days, a draft Growth Management strategy Implementation Plan was released which proposed a plan to control the rate, intensity, and types of uses in new commercial development projects. Following two Planning Commission public hearings and one meeting for Commission discussion and deliberation, the Commission recommended that the strategy be pursued in greater depth and that a comprehensive plan to manage growth in the City, rather - 4 - e e than a plan directed primarily at controlling the pace of commercial development, be prepared. pending completion of such a study, it is necessary to further extend the interim control measures currently in effect so as to preserve the existing character of the city and prevent any further degradation of the traffic situation, jobs/housing imbalance, infrastructure capacity, and environmental quality, since Ordinance Number 1512 (CCS) is due to expire on February 11, 1991. 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, moving, conversion of, and excavation and grading for, any non-residential building or structure, including any hotel or motel, in the City of Santa Monica. (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 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 - 5 - e e for any non-residential building 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 of structures or uses for governmental, educational, or public recreational purposes on land owned, operated or controlled by the city of Santa Monica, Santa Monica College, the Santa Monica School District, or the State of California and applications for approval of permits involving development on land owned, operated, or controlled by the City of Santa Monica and intended for development of 415 Pacific Coast Highway, the pier, parking for the pier, or an aquarium. (b) Applications for approval of permits for proposed developments in the Third Street Mall Specific Plan Area and in the Hospital specific Plan Area. (c) Applications 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 C-3 Downtown C3C Downtown Overlay C-4 Highway Commercial C-5 Special Office C-6 Boulevard Commercial 7,000 15,000 15,000 12,000 15,000 15,000 - 6 - CH CP H1 BCD RVC e Main street commercial Professional Industrial Conservation Broadway Commercial Residential-Visitor commercial The Promenade All other parts of the District e 7,000 11,000 15,000 11,000 7,000 15,000 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 contains both residential and non-residential components may proceed with an application only if the square footage of the non-residential portion of the project falls below the threshold set forth in this subsection. The reductions in square footage made on February 26, 1991, shall apply to any project for which an application was filed on or after February 27, 1991. (d) Applications for approval of permits involving proposed developments for which development agreement appl ications have been filed on or before May 2, 1989 and proposed developments for which development review applications have been filed and deemed complete on or before May 2, 1989. ( i) An appl ication 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 - 7 - e e 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 "substantially complete" if the missing information is supplied within two (2) working days of the city's request. (ii) 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 Permit Streamlining Act. (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 on or before May 2, 1989. - 8 - e e / SECTION 4. This Ordinance shall be of no further force and effect one years from its effective date, February 26, 1992. SECTION 5. This ordinance is declared to be an urgency measure adopted pursuant tot he 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 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 unconsti tutional 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 - 9 - ~ e e within 15 days after its adoption. This Ordinance shall become effective upon adoption. APPROVED AS TO FORM: ~ ............ ~ ROBERT M. MYERS U CITY ATTORNEY msresid/hpadv - 10 - 'lo ..., ..:!: e e Adopted and approved this 26th day of February, 1991. IJ~~J {J'~ Mayor I hereby certify that the foregoing Ordinance No. 1570(CCS) was duly and regularly introduced at a meeting of the City council on the 26th day of February 1991; that the said Ordinance was thereafter duly adopted at a meeting of the City Council on the 26th day of February 1991 by the following Council vote: Ayes: Councilmembers: Genser, Holbrook, Olsen, Vazquez, Zane, and Mayor Abdo Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: Katz ATTEST: -' - ~:u b~ --- ~ City Clerk - ,- ......--'- ----