O1969
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Council Mtg: April 11 , 2000
Santa Monica, California
ORDINANCE NUMBER 1969 (CCS)
(City Council Series)
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA EXTENDING THE CONSTRUCTION RATE PROGRAM
FOR MULTI-FAMILY DEVELOPMENT IN ALL MULTIFAMILY
RESIDENTIAL DISTRICTS AND THE DESIGN COMPATIBILITY
PERMIT REQUIREMENT FOR THE DEVELOPMENT OF CONDOMINIUMS AND
OTHER MULTI-FAMILY HOUSING; 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) On May 25, 1999, the City Council adopted a moratorium on multi-family
development in the City's multi-family districts in response to dramatic changes in state
law, a substantial increase in the rate of development, and an unprecedented loss of
affordable housing.
(b) The specific factors compelling the moratorium adoption are detailed in
Ordinance Number 1944 (CCS) and Ordinance Number 1947 (CCS) and include the
following: the unprecedented economic boon in which land values have skyrocketed and
the rate of multi-family construction tripled, the detrimental consequences of this
construction rate which impacted the City as a whole and the daily lives of residents who
had to cope with the noise and interference caused by construction, the significant shift in
the City's demographics occurring due to the vast majority of new, privately-built units only
being affordable to upper income individuals, the adoption of the Costa-Hawkins Rental
Housing Act of 1995 which has severely weakened local rent control and resulted in a
dramatic reduction in the City's affordable housing stock, and the threat posed by these
dramatic changes to the existing character of the City's neighborhoods and its unique
natural environment.
(c) The City Council adopted this moratorium to provide the City sufficient time to
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housing and to develop appropriate requirements and programs to preserve the City's
character, diversity, and quality of life in this period of drastic change.
(d) The City Council has twice extended this moratorium.
(e) In adopting the moratorium, the City Council directed staff, in part, to evaluate
the growth in the rate of construction in multi-family neighborhoods and assess appropriate
responses.
(f) Program 7.f of the City's 1998-2003 Housing Element also requires that the City
monitor the rate of development activity in multi-family residential districts so as to ensure
that rapid development does not jeopardize the character of the neighborhoods and
negatively impact the quality of life.
(g) This program further provides that if the rate or pattern of development appears
to negatively affectthe quality of life or character of neighborhoods, the City Council should
consider enacting a construction rate program.
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occurred in the City's multi-family residential districts. Monitoring the rate of development
activity in multi-family residential districts reveals that the rate of development in 1999 (16
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projects) represents a 246% increase over the rate in 1998/1997 (6 and 7 projects
respectively) and a 533% increase over the rate in 1996 (3 projects). Based on current
data, the rate of development in 2000 is anticipated to surpass the development rate of
1999. As of January 27, 2000, there were 32 projects in various stages of the permitting
process. It is anticipated that 22 of these projects will be issued building permits this year.
(i) Upon expiration of the moratorium on May 17, 2000, it is anticipated that the
number of applications for multi-family condominium projects will be substantial.
U) It is not simply the rate of development which threatens the City's character and
quality of life, but also the new development's lack of compatibility with and relationship
to existing development and neighborhoods.
(k) The City currently requires approval of a Conditional Use Permit ("CU P") for the
development of condominiums.
(I) A CUP is intended to allow the establishment of those uses which have some
special impact or uniqueness such that their effect on the surrounding environment cannot
be determined in advance of the proposed use and its particular location.
(m) In conjunction with the preparation of the 1998-2003 Housing Element Update
the City determined that it should eliminate the requirement that condominium projects
obtain a CUP since it is generally not the condominium use that is at issue in the City's
review of residential condominium applications; instead, the City determined it should
evaluate other procedures which would achieve an appropriate level of design review so
as to ensure that the physical development is compatible with and relates harmoniously
to the surrounding sites and neighborhoods.
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(n) In light of this policy and to ensure that condominium development does not
threaten the existing character and scale of the City's neighborhoods, the City has
determined that it should replace the conditional use permit requirement for condominium
projects with a design compatibility permit. The cost of processing this permit will be the
same as the costs of processing a CUP. Consequently, the fee for the design compatibility
permit will be the same as the fee currently charged for a CUP.
(0) In light of these concerns, the City Council adopted Ordinance Number 1966
(CCS) on March 7, 2000 which established the construction rate program, established a
design compatibility permit and required a design compatibility permit for condominium
development. However, that ordinance will expire on April 21, 2000.
(p) The City Council finds and declares that the public health, safety and general
welfare require the extension of Ordinance 1966 (CCS) to avert the negative impacts of
construction such as traffic circulation, noise, neighborhood aesthetics and pedestrian
enjoyment of City streets, to continue a construction rate program which minimizes the
disruptive effects of the construction process on the neighborhood by limiting the number
of projects in close proximity to each other which can be constructed at anyone time
through regulating both the timing and distribution of construction projects through the
building permit approval process to establish a design compatibility review process for
condominiums to ensure that the physical development is compatible with and relates
harmoniously to the surrounding sites and neighborhoods.
(q) For these reasons, the City's zoning and planning regulations should be revised
as they pertain to condominium design review and the rate of construction to ensure that
development is consistent with the public health, safety and welfare.
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(r) Pending completion of these permanent revisions, in order to protect the public
health, safety, and welfare, it is necessary to continue on an interim basis to change
current development standards as they relate to the rate of construction in the City's multi-
family distri'cts and the review of condominiums projects. Consequently, this ordinance
extends the provisions of Ordinance 1966 (CCS) up to and including October 11, 2001.
(s) These interim standards will serve to preserve the existing character of the City's
multi-family districts and prevent any further disruption caused by increasing development
in these districts while ail owing deveiopment consistent with these standards to occur.
(t) As described above, there exists a current and immediate threat to the public
safety, health, and welfare should the interim ordinance not be adopted and should
development inconsistent with the contemplated revisions to the development standards
be allowed to occur. Approval of additional development inconsistent with the following
proposed interim standards would result in a threat to public health, safety, or welfare.
Therefore, it is necessary to establish on an interim basis the following development
standards.
SECTION 2. Construction rate proqram.
(a) For projects involving the new construction or substantial remodel of two or more
dwelling units in all multi-family residential districts in the City for which a development
application was deemed complete on or after March 7, 2000, only one such construction
project shall be allowed per block and this construction project must not be within a five
hundred foot radius of another construction project subject to this Section. Except as
provided in subsection (c) of this Section, this restriction shall apply for eighteen months
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after issuance of a building permit, after which time another project may begin construction
in the defined area. For purposes of this Section, a block is defined as parcels on both
sides of the street in the same block face, and includes adjacent parcels separated by a
street or alley. The multi-family residential districts in the City are: R2R, R2, R3, R4, RVC,
RMH, OPDuplex, OP2, OP3, OP4, NWOverlay, R2B, and R3R.
(b) Building permits shall be provided on a first come first served basis in
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accepted for fijing or otherwise processed by the Building and Safety Division unless the
applicant provides documentation on forms provided by the City that the project has
received all other city or state approvals or permits necessary to commence the project,
with the exception of building and sewer allocation permits.
(c) During the plan-check process, the Building and Safety Division shall determine
the status of other building permits for projects in the area. A building permit shall not be
issued when the Building Officer determines that a building permit has been issued in the
previous eighteen months for any other project on the same block or within a five hundred
foot radius of the subject property unless the owner of the previously permitted project has
formally relinquished the building permit for that project.
(d) If the Building Officer determines that another building permit has been issued
less than eighteen months prior to the date on which the building permit has received all
plan-check approvals, the Building Officer shall place the project on a waiting list in order
of the date and time of day that the permit application received all plan-check approvals.
The life of other City approvals or permits necessary to commence the project shall be
automatically extended by the amount of time that a project remains on the waiting list. The
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Building Officer shall approve the project in accordance with the Uniform Technical Code
in effect at the time of the plan check.
(e) The following projects shall be exempt from the construction rate program:
(1) Affordable housing projects in which one hundred percent of the units are deed-
restricted for very low, low, middle, and/or moderate income housing.
(2) Structures identified by the Building and Safety Division as unreinforced masonry
construction and subject to City-mandated seismic upgrading.
(3) Projects that will be developed on sites that are vacant.
(4) Projects which will be developed on sites which contain structures that are
uninhabitable, not as a result of the owner's failure to maintain the structure, or the
property of which the structure is a part, in good repair, and which cannot be rendered
habitable in an economically feasible manner.
(f) The Planning and Community Development Department shall develop
administrative guidelines implementing this Section.
SECTION 3. Permits Required for Condominium Proiects.
All new or converted residential and commercial condominiums, community
apartment projects, stock cooperatives, and cooperative apartments for which a
development application was deemed complete on or after March 7, 2000 shall conform
to the provisions of this Section establishing a Design Compatibility Permit, Santa Monica
Municipal Code Section 9.04.16.01.030 establishing additional minimum requirements for
condominiums and Santa Monica Municipal Code Chapter 9.20 establishing the
requirements for preparation, review, and approval of a subdivision map.
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(a) Purpose of Desian Compatibility Permit. A Design Compatibility Permit is
intended to allow the construction of condominiums and other multi-family ownership
housing to ensure the design and siting of the projects do not result in an adverse impact
on the surrounding neighborhood. The permit allows for:
(1) Review of the location, size, massing, and placement of the proposed structure
on the site and in relation to the surrounding neighborhood;
(2) Review of the location of proposed amenities within the project.
(3) An evaluation of the project with regard to fixed and established standards.
(b) Application for a Desian Compatibility Permit. An application for a Design
Compatibility Permit shall be filed in a manner consistent with the requirements contained
in Santa Monica Municipal Code Part 9.04.20.20, Sections 9.04.20.20.010 through
9.04.20.20.080.
(c) Hearina and Notice. Upon receipt in proper form of a Design Compatibility Permit
application, a public hearing before the Planning Commission shall be set and notice of
such hearing given in a manner consistent with Santa Monica Municipal Code Part
9.04.20.22, Sections 9.04.20.22.010 through 9.04.20.22.140.
(d) Findinas. Following a public hearing, the Zoning Administrator shall prepare a
written decision which shall contain the Planning Commission's findings of fact upon which
such decision is based. The Commission, or City Council on appeal, shall approveor
conditionally approve a Design Compatibility Permit application in whole or in part if all of
the following findings of fact can be made in an affirmative manner:
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(1) The physical location, size, massing, and placement of proposed structures on
the site and the location of proposed amenities within the project are compatible with and
relate harmoniously to surrounding sites and neighborhoods.
(2) The physical location, size, massing, placement of proposed structures on the
site, and parking access and the location of proposed amenities within the project would
not be detrimental to the public interest, health, safety, convenience, or general welfare.
(3) The rights-of-way can accommodate autos and pedestrians, including adequate
parking and access.
(4) The health and safety services (police, fire etc.) and public infrastructure (e.g.,
utilities)are sufficient to accommodate the new development.
(5) Reasonable mitigation measures have been included for all adverse impacts
identified in an Initial Study or Environmental Impact Report.
(6) The proposed use conforms precisely to the minimum requirements outlined in
Section 9.04.16, Subchapter 9.04.16.01.030.
(e) Term of Permit. The Design Compatibility 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 Design Compatibility 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 app(oval. However, if the permit is for
affordable housing or a mixed use project where housing units comprise at least seventy-
five percent 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 fifty
percent of which are deed-restricted to be affordable to low income households and the
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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 Design Compatibility
Permit shall expire if the rights granted are not exercised within three years, or if located
in the Coastal Zone, three and one-half years from the effective date of permit approval.
(1) Exercise of Rights. "Exercise of rights" shall mean actual commencement ofthe
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construction.
If the Design Compatibility Permit is granted in conjunction with approval of new
construction, issuance of a building permit shall constitute exercise of rights under the
Design Compatibility Permit; provided, however, that, unless otherwise specified as a
condition of project approval, the Design Compatibility Permit shall expire if:
(A) The building permit expires; or
(B) The rights granted under the Design Compatibility 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.
(2) 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 a one-year extension of the term of the Design Compatibility 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 Design
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Compatibility 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 principle
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
effect public health, safety and general welfare.
(f) Revocation. The Planning Commission may, or upon direction from the City
Council, revoke any approved Design Compatibility Permit in accordance with the following
procedure:
(1) A revocation hearing shall be held by the Planning Commission. Notice of the
hearing shall be published once in a newspaper of general circulation within the City and
shall be served either in person or by registered mail on the owner of the property and on
the permit holder at least 10 days prior to such hearing. The notice of hearing shall contain
a statement of the specific reasons for revocation.
(2) After the hearing, a Design Compatibility Permit may be revoked by the Planning
Commission, or by the City Council on appeal or review, if anyone of the following findings
are made:
(A) That the Design Compatibility Permit was obtained by misrepresentation or
fraud.
(8) That the use for which the Design Compatibility Permit was granted has ceased
or has been suspended for six or more consecutive calendar months.
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(C) That the conditions of the permit have not been met, or the permit granted is
being or has recently been exercised contrary to the terms of the approval or in violation
of a specific statute, ordinance, law or regulation.
(3) A written determination of revocation of a Design Compatibility Permit shall be
mailed to the property owner and the permit holder within 10 days of such determination.
(g) Appeals. The approval, conditions of approval, denial, or revocation of a Design
Compatibility Permit may be appealed within fourteen consecutive calendar days of the
date the decision is made in the manner provided in Santa Monica Municipal Code Part
9.04.20.24, Sections 9.04.20.24.010 through 9.04.20.24.040.
(h) Hearings. Notice of public hearings shall be given in accordance with Santa
Monica Municipal Code Section 9.04.20.22.050 to all owners and residential and
commercial tenants of property within a radius of 500 feet for a Design Compatibility
Permit.
(i) Fee. The fee for a Design Compatibility Permit shall be the same as the fee
established for a conditional use permit.
G) CUP Requirement. No project subject to this Section shall also be required to
obtain a CUP, unless the project is located in the M1 (industrial Conservation) District or
the C5 (Special Office Commercial) District.
SECTION 4. This Ordinance shall apply to any application for the development of
multi-family housing deemed complete on or after March 7, 2000.
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SECTION 5. This ordinance is declared to be an urgency measure adopted
pursuant to the provision of Section 615 of the Santa Monica City Charter. As set forth in
the findings above, this ordinance is necessary for preserving the public peace, health,
safety, and welfare. As an urgency measure, this ordinance is effective immediately upon
adoption.
SECTION 6. This Ordinance shall be of no further force or effect eighteen months
from the date of its adoption, or October 11, 2001, unless prior to that date, after a public
hearing, noticed pursuant to Santa Monica Municipal Code Section 9.04.20.22.050, the
City Council, by majority vote, extends this interim ordinance.
SECTION 7. 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, is hereby repealed or modified to that extent necessary to
affect the provisions of this Ordinance.
SECTION 8. 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 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.
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SECTION 9. 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
its adoption.
APPROVED AS TO FORM:
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Adopted ,m! appmved thi, 11th" day of April, 2~ . .
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Ken Genser, May~r
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 1969 (CCS) had it's introduction and adoption at the City Council
meeting held on Aprilll, 2000, by the following vote:
Ayes: Council members: McKeown, Feinstein, Bloom, Mayor Pro Tern
O'Connor, Mayor Genser
Noes: Council members: Rosenstein
Abstain: Council members: Holbrook
Absent: Council members: None
ATTEST:
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