O1798
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CA:f:\atty\muni\laws\mhs\permlif2
City Council Meeting 4-25-95
Santa Monica, California
ORDINANCE NUMBER 1798 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING VARIOUS SECTIONS
OF THE ZONING ORDINANCE REGARDING PERMIT LENGTH,
COMMENCEMENT OF USE, AND EXPIRATION
WHEREAS, the Planning Commission adopted a Resolution of
Intention to amend the zoning ordinance to provide for uniform
terms regarding permi t length, commencement of use, and permit
extensions; and
WHEREAS, the Planning Commission held a public hearing on the
proposed amendment and made recommendations to the city Council
following the hearing; and
WHEREAS, the city Council held a public hearing on the
proposed amendment; and
WHEREAS, the City Council finds and declares that the proposed
amendment is consistent in principle with the goals, objectives,
policies, land uses, and programs specified in theadopted General
Plan, in that consistent with Land Use Element Objective 1.1, it
insures fair treatment of property owners and residents in the city
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by standardizing the term length and possible extension for all
planning permits and clarifying the requirements for exercising the
rights associated with a planning permit, and consistent with
Housing Element Goals A-1 and A-21 the text amendment promotes the
construction of new housing for all income groups by providing
longer permit terms for affordable housing projects in order to
facilitate the development of such uses in the City and by
providing longer administrative extensions for all residential
projects in the City; and
WHEREAS, the public health, safety, and general welfare
require the adoption of the proposed amendment, in that the
amendment standardizes the rules regarding permit lengths for all
planning permits, provides longer permit terms for affordable
housing projects and longer extensions for all residential projects
in order to provide incentives to encourage the construction of
affordable housing and generally increase housing opportunities in
the City; and in that the proposed amendment furthers the
protection, maintenance, and enhancement of the coastal area and
its natural and man-made resources by accommodating the additional
review period needed for projects located in the Coastal Zone.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
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SECTION 1. section 9.04.20.08.040 of the Santa Monica
Municipal Code is amended to read as follows:
section 9.04.20.08.040 Tara of Perait. The
Performance Standards Permit shall expire if the rights
granted are not exercised within the period established
by the Zoning Administrator or Planning commission on
appeal as a condition of granting the permit, or, in the
absence of such established time period, either within
one year, or if located in the Coastal Zone, eighteen
months, from the effective date of permit approval.
However, if the permit is for affordable housing or a
mixed use project where housing units comprise at least
75% of the floor area of the project (collectively
IIhousing projecttl), and the housing project has received
city, state or Federal funding or is comprised of units
at least 50% of which are deed-restricted to be
affordable to low income households and the remainder of
which are deed-restricted to be affordable to low or
moderate income households, in the absence of a time
period established by the Zoning Administrator or
Planning Commission on appeal as a condition of granting
the permit, the Performance Standards Permit shall expire
if the rights granted are not exercised within three
years, or if located in the Coastal Zone, 3 1/2 years
from the effective date of permit approval.
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(a) Exercise of Riqhts. Exercise of rights shall
mean actual commencement of the use granted by the
permit, unless the permit is granted in conjunction with
approval of new construction.
If the Performance Standards Permit is granted in
conjunction with approval of new construction, issuance
of a building permit shall constitute exercise of rights
under the Performance Standards Permit, provided,
however, that, unless otherwise specified as a condition
of project approval, the Performance Standards Permit
shall expire if:
(1) The building permit expires; or
(2) The rights granted under the Performance
standards Permit are not exercised within one year
following the earliest to occur of the following:
issuance of a Certificate of Occupancy; or if no
Certificate of Occupancy is required, the last required
final inspection for the new construction.
(b) Extension. If the applicant files an extension
request with the zoning Administrator in writing prior to
expiration of the permit, the Zoning Administrator may
administratively grant one six month extension of the
term of the Performance Standards Permit, or if the
project includes residential uses, a one year extension
of the term of the Performance Standards Permit.
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SECTION 2. section 9.04.20.10.060 of the Santa Monica
Municipal Code is amended to read as follows:
Section 9.04.20.10.060 Term of Permit. The
Variance shall expire if the rights granted are not
exercised within the period established by the Zoning
Administrator or Planning Commission on appeal as a
condition of granting the Variance, or, in the absence of
such established time period, either within one year, or
if located in the Coastal Zone, eighteen months, from the
effective date of permit approval. However, if the
permit is for affordable housing or a mixed use project
where housing units comprise at least 75% of the floor
area of the proj ect (collectively "housing proj ect n), and
the housing project has received City, state or Federal
funding or is comprised of units at least 50% of which
are deed-restricted to be affordable to low income
households and the remainder of which are deed-restricted
to be affordable to low or moderate income households, in
the absence of a time period established by the Zoning
Administrator or Planning commission on appeal as a
condition of granting the permit, the Variance shall
expire if the rights granted are not exercised within
three years, or if located in the Coastal Zone, 3 1/2
years from the effective date of permit approval.
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(a) Exercise of Rights. Exercise of rights shall
mean actual commencement of the use granted by the
permit, unless the permit is granted in conjunction with
approval of new construction.
If the Variance is granted in conjunction with
approval of new construction, issuance of a building
permit shall constitute exercise of rights under the
Variance, provided, however, that, unless otherwise
specified as a condition of project approval, the
Variance shall expire if:
(1) The building permit expires; or
(2) The rights granted under the Variance are
not exercised within one year following the earliest to
occur of the following: issuance of a Certificate of
Occupancy; or if no certificate of Occupancy is required,
the last required final inspection for the new
construction.
(b) Ext.ension. If the applicant files an extension
request with the Zoning Administrator in writing prior to
expiration of the permit, the Zoning Administrator may
administratively grant one six month extension of the
term of the Variance, or if the project includes
residential uses, a one year extension of the term of the
Variance.
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SECTION 3. section 9.04.20.11.060 of the Santa Monica
Municipal Code is amended to read as follows:
Section 9.04.20.11.060 Term of Permit. The Use
Permit shall expire if the rights granted are not
exercised within the period established by the zoning
Administrator or the Planning commission on appeal as a
condition of granting the Use Permit, or, in the absence
of such established time period, either within one year,
or if located in the Coastal Zone, eighteen months, from
the effective date of permit approval. However, if the
permit is for affordable housing or a mixed use project
where housing units comprise at least 75% of the floor
area of the project (collectively trhousing projecttr), and
the housing project has received City, state or Federal
funding or is comprised of units at least 50% of which
are deed-restricted to be affordable to low income
households and the remainder of which are deed-restricted
to be affordable to low or moderate income households, in
the absence of a time period established by the Zoning
Administrator or Planning commission on appeal as a
condition of granting the permit, the Use Permit shall
expire if the rights granted are not exercised within
three years, or if located in the Coastal Zone, 3 1/2
years from the effective date of permit approval.
(a) Exercise of Riqhts. Exercise of rights shall
mean actual commencement of the use granted by the
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permit, unless the permit is granted in conjunction with
approval of new construction.
If the Use Permit is granted in conjunction with
approval of new construction, issuance of a building
permit shall constitute exercise of rights under the Use
Permit, provided, however, that, unless otherwise
specified as a condition of project approval, the Use
Permit shall expire if:
(1) The building permit expires; or
(2) Final Inspection is not completed or
certificate of Occupancy issued within the time specified
as a condition of project approval; or
(3) The rights granted under the Use Permit are
not exercised within one year following the earliest to
occur of the following: issuance of a certificate of
Occupancy; or if no Certif icate of Occupancy is required,
the last required final inspection for the new
construction.
(b) Extension. If the applicant files an extension
request with the Zoning Administrator in writing prior to
expiration of the permit, the Zoning Administrator may
administratively grant one six month extension of the
term of the Use Permit, or if the project includes
residential uses, a one year extension of the term of the
Use Permit.
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SECTION 4. Section 9.04.20.12.060 of the Santa Monica
Municipal Code is amended to read as follows:
section 9.04.20.12.060 Term of Permit. The
Conditional Use Permit shall expire if the rights granted
are not exercised within the period established by the
Planning Commission or city council on appeal as a
condition of granting the Conditional Use Permit, or, in
the absence of such established time period, ei ther
within one year, or if located in the Coastal Zone,
eighteen months, from the effective date of permit
approval. However, if the perIni t is for affordable
housing or a mixed use project where housing units
comprise at least 75% of the floor area of the project
(collectively "housing project") 1 and the housing project
has received city, state or Federal funding or is
comprised of units at least 50% of which are deed-
restricted to be affordable to low income households and
the remainder of which are deed-restricted to be
affordable to low or moderate income households, in the
absence of a time period established by the Planning
Commission or City council on appeal as a condition of
granting the permit, the Conditional Use Permit shall
expire if the rights granted are not exercised within
three years, or if located in the Coastal Zone, 3 1/2
years from the effective date of permit approval.
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(a) Exerci.e of Riqhta. Exercise of rights shall
mean actual commencement of the use granted by the
permit, unless the permit is granted in conjunction with
approval of new construction.
If the conditional Use Permit is granted in
conjunction with approval of new construction, issuance
of a building permit shall constitute exercise of rights
under the Conditional Use Permit, provided, however,
that, unless otherwise specif ied as a condition of
proj ect approval, the Conditional Use Permit shall expire
if:
(1) The building permit expires; or
(2) Final Inspection is not completed or
Certificate of Occupancy issued within the time specified
as a condition of project approval; or
(3) The rights granted under the Conditional
Use Permit are not exercised within one year following
the earliest to occur of the following: issuance of a
Certificate of Occupancy; or if no Certificate of
Occupancy is required, the last required final inspection
for the new construction.
(b) Extension. If the applicant files an extension
request with the Zoning Administrator in writing prior to
expiration of the permit, the Zoning Administrator may
administrati vely grant one six month extension of the
term of the Conditional Use Permit, or if the project
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includes residential uses, a one year extension of the
term of the Conditional Use Permit. The applicant may
apply to the Planning Commission for any further
extension if such request is filed at least one month
prior to the permit's expiration. Such extension request
shall be processed in the same manner and for the same
fee as a new Conditional Use Permit. The Planning
commission may grant an extension request for good cause,
and may consider in this review the extent to which the
project is consistent with current development standards
and policies, whether the project is consistent in
principal with the goals, objectives, policies, land
uses, and programs specified in the adopted General Plan,
conditions surrounding the project site and whether the
project will adversely affect public health, safety and
general welfare.
SECTION 5. section 9.04.20.14.050 of the Santa Monica
Municipal Code is amended to read as follows:
Section 9.04.20.14.050 Term of Perait. The
Development Review Permit shall expire if the rights
granted are not exercised within the period established
by the Planning Commission or City council on appeal as
a condition of granting the Development Review Permit,
or, in the absence of such established time period,
either within one year, or if located in the coastal
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zone, eighteen months, from the effective date of permit
approval. However, if the permit is for affordable
housing or a mixed use project where housing units
comprise at least 75% of the floor area of the project
(collectively "housing project") I and the housing project
has received city, state or Federal funding or is
comprised of units at least 50% of which are deed-
restricted to be affordable to low income households and
the remainder of which are deed-restricted to be
affordable to low or moderate income households, in the
absence of a time period established by the Planning
commission or city Council on appeal as a condition of
granting the permit, the Development Review Permit shall
expire if the rights granted are not exercised within
three years, or if located in the Coastal Zone, 3 1/2
years from the effective date of permit approval.
(a) Exercise of Rights. Exercise of rights shall
mean actual commencement of the use granted by the
permit, unless the permit is granted in conjunction with
approval of new construction.
If the Development Review permi t is granted in
conjunction with approval of new construction, issuance
of a building permit shall constitute exercise of rights
under the Development Review permit, provided, however,
that, unless otherwise specified as a condition of
project approval, the Development Review Permit shall
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expire if:
(1) The building permit expires; or
(2) The rights granted under the Development
Review Permit are not exercised within one year following
the earliest to occur of the following: issuance of a
certificate of Occupancy; or if no Certificate of
Occupancy is required, the last required final inspection
for the new construction.
(b) Extension. If the applicant files an extension
request with the Zoning Administrator in writing prior to
expiration of the permit, the Zoning Administrator may
administratively grant one six month extension of the
term of the Development Review Permit, or if the project
includes residential uses, a one year extension of the
term of the Development Review Permit. The applicant may
apply to the Planning Commission for any further
extension if such request is filed at least one month
prior to the permit's expiration. Such extension request
shall be processed in the same manner and for the same
fee as a new Development Review Permit. The Planning
commission may grant an extension request for good cause,
and may consider in this review the extent to which the
project is consistent with current development standards
and policies, whether the project is consistent in
principal with the goals, objectives, policies, land
uses, and programs specified in the adopted General Plan,
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conditions surrounding the project site and whether the
project will adversely effect public health, safety and
general welfare.
SECTION 6. section 9.04.20.26.050 of the Santa Monica
Municipal Code is amended to read as follows:
section 9.04.20.26.050 Term of Permit. The
Reduced Parking Permit shall expire if the rights granted
are not exercised within the period established by the
Zoning Administrator or Planning commission on appeal as
a condition of granting the Reduced Parking Permit, or,
in the absence of such established time period, either
within one year, or if located in the Coastal Zone,
eighteen months, from the effective date of Reduced
Parking Permit approval. However, if the permit is for
affordable housing or a mixed use project where housing
units comprise at least 75% of the floor area of the
project (collectively tlhousing project"), and the housing
project has received City, State or Federal funding or is
comprised of units at least 50% of which are deed-
restricted to be affordable to low income households and
the remainder of which are deed-restricted to be
affordable to low or moderate income households, in the
absence of a time period established by the Planning
commission or City Council on appeal as a condition of
granting the permit, the Reduced Parking Permit shall
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expire if the rights granted are not exercised within
three years, or if located in the Coastal Zone, 3 1/2
years from the effective date of permit approval.
(a) Exercise of Riqhts. Exercise of rights shall
mean actual commencement of the use granted by the
permit, unless the permit is granted in conjunction with
approval of new construction.
If the Reduced Parking Permit is granted in
conjunction with approval of new construction, issuance
of a building permit shall constitute exercise of rights
under the Reduced Parking Permit, provided, however,
that, unless otherwise specif ied as a condi tion of
project approval, the Reduced parking Permit shall expire
if:
(1) The building permit expires; or
(2) The rights granted under the Reduced
Parking Permit are not exercised within one year
following the earliest to occur of the following:
issuance of a Certificate of Occupancy; or if no
certificate of Occupancy is required, the last required
final inspection for the new construction.
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(b) Extension. If the applicant files an extension
request with the Zoning Administrator in writing prior to
expiration of the permit, the Zoning Administrator may
administratively grant one six month extension of the
term of the Reduced Parking Permit, or if the project
includes residential uses, a one year extension of the
term of the Reduced Parking Permit.
SECTION 7. Section 9.04.20.28.030 of the Santa Monica
Municipal Code is amended to read as follows:
Section 9.04.20.28.030 Term of Permit. The
Administrative Approval shall expire if the rights
granted are not exercised within one year, or if located
in the Coastal Zone, eighteen months, from the date of
approval. However, if the permit is for affordable
housing or a mixed use project where housing units
comprise at least 75% of the floor area of the project
(collectively tthousing projecttt), and the housing project
has received City, state or Federal funding or is
comprised of units at least 50% of which are deed-
restricted to be affordable to low income households and
the remainder of which are deed-restricted to be
affordable to low or moderate income households, in the
absence of a time period established by the Planning
Commission or City Council on appeal as a condition of
granting the permit, the Administrative Approval shall
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expire if the rights granted are not exercised within
three years, or if located in the Coastal Zone, 3 1/2
years from the effective date of permit approval.
(a) Bxercise of Riqhts. Exercise of rights shall
mean actual commencement of the use granted by the
permit, unless the permit is granted in conjunction with
approval of new construction.
If the Administrative Approval is granted in
conjunction with approval of new construction, issuance
of a building permit shall constitute exercise of rights
under the Administrative Approval, provided, however,
that, the Administrative Approval shall expire if:
(1) The building permit expires; or
(2) The rights granted under the
Administrative Approval are not exercised within one year
following the earliest to occur of the following:
issuance of a Certificate of Occupancy; or if no
certificate of Occupancy is required, the last required
final inspection for the new construction.
(b) Extension. If the applicant files an extension
request with the Zoning Administrator in writing prior to
expiration of the permit, the Zoning Administrator may
administratively grant one six month extension of the
term of the Administrative Approval, or if the project
includes residential uses, a one year extension of the
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term of the Administrative Approval.
SECTION 8. Section 9.04.20.32.060 of the Santa Monica
Municipal Code is amended to read as follows:
section 9.04.20.32.060 Term of Permit. The Yard
Modification Permit shall expire if the rights granted
are not exercised within the period established by the
Zoning Administrator or Planning commission on appeal as
a condition of granting the Yard Modification Permit, or,
in the absence of such established time period, either
within one year, or if located in the Coastal Zone,
eighteen months, from the date of permit approval.
However, if the permit is for affordable housing or a
mixed use project where housing units comprise at least
75% of the floor area of the project (collectively
nhousing project"), and the housing project has received
City, state or Federal funding or is comprised of units
at least 50% of which are deed-restricted to be
affordable to low income households and the remainder of
which are deed-restricted to be affordable to low or
moderate income households, in the absence of a time
period established by the Planning commission or City
council on appeal as a condition of granting the permit,
the Yard Modification Permit shall expire if the rights
granted are not exercised within three years, or if
located in the Coastal Zone, 3 1/2 years from the
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effective date of permit approval.
(a) Exercise of Rights. Exercise of rights shall
mean actual commencement of the use granted by the
permit, unless the permit is granted in conjunction with
approval of new construction.
If the Yard Modification Permit is granted in
conjunction with approval of new construction, issuance
of a building permit shall constitute exercise of rights
under the Yard Modification Permit, provided, however,
that, unless otherwise specified as a condition of
project approval, the Yard Modification Permit shall
expire if:
(1) The building permit expires; or
(2) The rights granted under the Yard
Modif ication Permit are not exercised wi thin one year
following the earliest to occur of the following:
issuance of a Certificate of Occupancy; or if no
certificate of Occupancy is required, the last required
final inspection for the new construction.
(b) Extension. If the applicant files an extension
request with the Zoning Administrator in writing prior to
expiration of the permit, the Zoning Administrator may
administratively grant one six month extension of the
term of the Yard Modification Permit, or if the project
includes residential uses, a one year extension of the
term of the Yard Modification Permit.
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SECTION 9. section 9.04.20.34.080 of the Santa Monica
Municipal Code is amended to read as follows:
section 9.04.20.34.080 Tera of Perait. The
Adjustment shall expire if the rights granted are not
exercised within the period established by the Zoning
Administrator or the Planning Commission on appeal as a
condition of granting the Adjustment, or, in the absence
of such established time period, either within one year,
or if located in the coastal Zone, eighteen months, from
the effective date of permit approval. However, if the
permit is for affordable housing or a mixed use project
where housing units comprise at least 75% of the floor
area of the project (collectively "housing project"), and
the housing project has received city, state or Federal
funding or is comprised of units at least 50% of which
are deed-restricted to be affordable to low income
households and the remainder of which are deed-restricted
to be affordable to low or moderate income households, in
the absence of a time period established by the Planning
Commission or city Council on appeal as a condition of
granting the permit, the Adjustment shall expire if the
rights granted are not exercised within three years, or
if located in the Coastal Zone, 3 1/2 years from the
effective date of permit approval.
(a) Exercise of Rights. Exercise of rights shall
mean actual commencement of the use granted by the
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permit, unless the permit is granted in conjunction with
approval of new construction.
If the Adjustment is granted in conjunction with
approval of new construction, issuance of a building
permit shall constitute exercise of rights under the
Adjustment, provided, however, that, unless otherwise
specified as a condition of project approval, the
Adjustment shall expire if:
(1) The building permit expires; or
(2) The rights granted under the Adjustment
are not exercised within one year following the earliest
to occur of the following: issuance of a Certificate of
Occupancy; or if no Certificate of Occupancy is required,
the last required final inspection for the new
construction.
(b) Extension. If the applicant files an extension
request with the Zoning Administrator in writing prior to
expiration of the permit, the Zoning Administrator may
administratively grant one six month extension of the
term of the Adjustment, or if the proj ect includes
residential uses, a one year extension of the term of the
Adjustment.
SECTION 10. Applicability. The provisions of this Ordinance
shall apply to any Performance Standards Permit, Variance, Use
Permit, Conditional Use Permit, Development Review Permit, Reduced
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Parking Permit, Administrative Approval, Yard Modification Permit
or Adjustment ("hereinafter referred to as "Land Use permitll)
issued after the effective date of this Ordlnance. However, the
appllcant for any affordable housing or mlxed use project where
houslng units comprise at least 75% of the floor area of the
project (collectively "housing project"), which housing project has
received City, state or Federal funding or is comprised of units at
least 50% of which are deed-restricted to be affordable to low
lncome households and the remainder of which are deed-restricted to
be affordable to low or moderate income households, WhlCh has an
unexpired Land Use Permit but WhlCh has not yet received a building
permlt, may elect to have the provisions of this Ordinance apply
to the Land Use Permit.
SECTION 11. Any provision of the Santa Monlca Municipal Code
or appendices thereto, inconsistent wlth the provisions of this
Ordinance, to the extent of such inconsistencies and no further,
are hereby repealed or modifled to that extent necessary to effect
the provisions of this Ordinance.
SECTION 12. If any section, subsection, sentence, clause, or
phrase of thlS Ordinance is for any reason held to be invalid or
unconstitutlonal 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
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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 13.
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 ln the official newspaper
within 15 days after its adoption.
This Ordinance shall be
effective 30 days from lts adoption.
APPROVED AS TO FORM:
~~1L~ ~uu~
MARSHA JONES; MOUTRIE
city Attorn~y
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Mayor
State of California )
County of Los Angeles) ss
Cay of Santa Momca )
I, ClarIce E Dykhouse, CIty Clerk of the CIty of Santa Monica, do hereby certIfy that the
foregomg Ordmance No 1798 (CCS) had Its first readmg on Apnl1 L 1995 and had Its second
readmg on Apn125. 1995 and was passed by the follolW'lng vote
Ayes'
Council members Genser, Greenberg,Rosenstem, Abdo. O'Connor, Holbrook
Noes
CouncIl members None
Abstam.
Council members None
Absent.
Council members' Ebner
ATTEST
~~..If /:2~
~ - -r
CIty Clerk