O1984
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CouncIl Meeting 8-1 ~oo
Santa Momca, California
ORDINANCE NUMBER 1984 (CCS)
(City Council Series)
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA EXTENDING AND AMENDING 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 AND DECLARING
THEPRESENCEOFANEMERGENCY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN
AS FOLLOWS
SECTION 1 Findings 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 dlstncts 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 dally lives of residents who
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had to cope wIth the noise and mterference caused by construction, the Significant shift in
the City's demographics occurring due to the vast majority of new, privately-bUilt units only
bemg affordable to upper income mdlvlduals, the adoptIon of the Costa-Hawkins Rental
Housmg Act of 1995 which has severely weakened local rent control and resulted In a
dramatic reduction In the City'S affordable housmg 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
evaluate the effects of thiS high rate of development and the CIty's loss of affordable
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 extended thiS moratorium twice It expired on May 17, 2000.
(e) In adopting the moratorium, the City CounCil directed staff, m part, to evaluate
the growth In the rate of construction In multi-family neighborhoods and assess appropriate
responses
(f) Program 7.f ofthe 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 affect the quality of life or character of neighborhoods, the City CounCil should
conSider enacting a construction rate program
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(h) A significant Increase In the level of multi-family development activity has
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
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) It IS anticipated that the number of applications for multi-family condominium
projects Will be substantial In the months follOWing the end of the moratorium
0) 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 ("CUP") for the
development of condominiums
(I) A CUP is Intended to allow the establishment of those uses which have some
SpeCl8llmpact 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 determmed 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 appropnate level of design review so
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as to ensure that the physical development IS compatible with and relates harmoniously
to the surrounding sites and neighborhoods.
(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 processmg 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 Counc~ 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 condommlum
development. On April 11 ,2000, the City Council adopted Ordmance Number 1969 (CCS)
extending Ordmance Number 1966 (CCS) for eighteen months
(p) On or about May 17, 2000, a laWSUit was filed agamst the City challengmg the
construction rate program Petitioners' prinCIpal contention is that the City failed to
comply With the California EnVIronmental Quality Act ("CEQA") prior to adopting the
construction rate program.
(q) Although the City believes that the program IS valid as currently drafted, in the
mterest of resolVing the dispute and to codify current admmlstrative practice, this
ordInance makes mInor modIfications and clarrficatlons to the current constructIon rate
program
(r) The City CounCil finds and declares that the public health, safety and general
welfare require the extension of Ordinance 1966 (CCS) and Ordinance 1969 (CCS) to
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avert the negative Impacts of construction such as traffic circulation, noise, neighborhood
aesthetics and pedestrian enjoyment of City streets, to contmue 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 dlstnbutlon of
constructIon projects through the bUlldmg 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.
(s) Forthese 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
(t) Pending completion of these permanent reVISions, in order to protect the public
health, safety, and welfare, it is necessary to continue on an Intenm baSIS to change
current development standards as they relate to the rate of construction In the CIty'S multi-
family dlstncts and the review of condominiums projects. Consequently, this ordinance
extends the prOVISions of Ordinance 1966 (CCS) up to and including November 11,2001
(u) These mtenm standards Will serve to preserve the existing character of the City's
multi-family dlstncts and prevent any further disruption caused by increasing development
In these dIstricts while allOWing development consistent With these standards to occur.
(v) As descnbed above, there eXIsts a current and Immediate threat to the public
safety, health, and welfare should the mterlm 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
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proposed Intenm standards would result m a threat to public health, safety, or welfare.
Therefore, It IS necessary to establish on an Intenm basIs the followmg development
standards
SECTION 2. Construction rate program
(a) For projects involving the new construction or substantial remodel of two or more
dwelling units In all multi-family residential dlstncts 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 within a fIve hundred foot radIUS of another construction project
subject to thiS Section Except as provided in subsection (c) of this Section, thiS restnction
shall apply for fifteen months after Issuance of a bUilding permit, after which time another
project may begm construction In the defined area. The multi-family residential dlstncts 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
accordance With the terms of thiS Section No application for a bUilding permit shall be
accepted for filing 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
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prevIous fifteen months for any other project withm a five hundred foot radius of the subject
property unless the owner of the previously permitted project has formally relmquished the
bUilding permit for that project or obtamed a certificate of occupancy for the project
(d) If the BUlldmg Officer determines that another building permit has been Issued
less than fifteen months prior to the date on which the bUilding permit has received all plan-
check approvals and the exceptions specified In subsections (c) and (e) do not apply, the
BUilding Officer shall place the project on a waiting list m 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 BUilding Officer shall
approve the project In accordance With the Umform Techmcal Code in effect at the time of
the plan check.
(e) The followmg projects shall be exempt from the construction rate program
(1) Affordable housmg projects In which one hund red percent of the u nits are deed-
restricted for very low, low, middle, and/or moderate Income housing.
(2) Structures Identified by the Building and Safety DiVision as unrelnforced masonry
construction and subject to City-mandated seismiC upgrading
(3) The project Will be developed on a site that IS vacant.
(4) The project Will be developed on a site in which either: (a) the structures on the
sIte are umnhabltable, not as a result ofthe owner's faIlure to maintain the structure, or the
property of which the structure IS a part, In good repair, and the structures cannot be
rendered habitable In an economically feaSible manner or (b) the current use of the
property IS not otherwise economically viable The City shall prepare an exemption
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application form which delineates all submission requirements. An owner shall not be
reqUJred to fIle a project application with the exemption application City staff shall make
a final determination whether a project meets the requirements ofthls subdivision (4) within
ninety (90) days after the owner's exemption application for the project is deemed
complete
(f) The Planmng and Community Development Department may develop
administrative gUidelines Implementing this Section
SECTION 3 Permits Required for Condominium Prolects
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 Momca
MUnicipal Code Section 904 1601 030 establishing additional minimum reqUJrementsfor
condominiums and Santa Monica MUnicipal Code Chapter 920 establishing the
requirements for preparation, reView, and approval of a subdivision map
(a) Purpose of Design 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 ofthe 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.
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(3) An evaluation of the project with regard to fixed and established standards
(b) ApplIcatIon for a DesIgn 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 904.2020, Sections 904.20.20010 through
9 04 20 20.080
(c) Heannq and Notice Upon receipt In proper form ofa DeSign Compatibility Permit
application, a public heanng before the Planning Commission shall be set and notice of
such heanng gIven m a manner consistent with Santa Momca MuniCipal Code Part
9.042022, Sections 9.04.20.22 010 through 9 04 2022 140.
(d) Findmqs FollOWing a public hearing, the Zoning Administrator shall prepare a
written decIsion which shall contam the Planning Commission's findings offact upon which
such decIsion IS based. The Commission, or City Council on appeal, shall approve or
condItionally approve a DeSign Compatibility Permit application In whole or m part if all of
the following findings of fact can be made In an affirmative manner
(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 wlthm the project would
not be detnmental to the publIC mterest, health, safety, convenience, or general welfare.
(3) The nghts-af-way can accommodate autos and pedestrians, including adequate
parkmg and access
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(4) The health and safety services (police, fire etc.) and public Infrastructure (e g.,
utllltles)are sufficient to accommodate the new development
(5) Reasonable mitigation measures have been Included for all adverse Impacts
Identified In an Imtlal 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 Ifthe nghtsgranted
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 approval. However, if the permit IS for
affordable hOUSing or a mixed use project where housmg umts compnse at least seventy-
five percent ofthe floor area ofthe project (collectively "hOUSing project"), and the housing
project has received City, State or Federal funding or IS compnsed of units at least fifty
percent of which are deed-restncted to be affordable to low Income households and the
remainder of which are deed-restncted to be affordable to low or moderate Income
households, In the absence of a time penod 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 nghts" shall mean actual commencement ofthe
use granted by the permit, unless the permit IS granted In conjunction With approval of new
construction.
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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 bUlldmg permit expires, or
(8) 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
ad mlnJstratlvely 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
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 pnnclple
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
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(f) Revocation The Planning Commission may, or upon directIon from the City
Council, revoke any approved Design Compatibility Permit in accordance With the followmg
procedure
(1) A revocation heanng shall be held by the Planning Commission. Notice of the
hearing shall be published once In a newspaper of general circulation wlthm the City and
shall be served either In person or by registered mall on the owner of the property and on
the permit holder at least 10 days pnor to such hearing. The notice of heanng shall contain
a statement of the specific reasons for revocation.
(2) After the heanng, a Desig n CompatibIlity Permit may be revoked by the Planning
Commission, or by the City Council on appeal or reView, if anyone ofthe followmg 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
(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 wntten determlnatlon 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
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date the decIsion IS made In the manner provided in Santa MOnica MUniCipal Code Part
9042024, Sections 9042024010 through 9.042024040
(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
(j) 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.
SECTION 5 This Ordinance IS declared to be an urgency measure adopted
pursuant to the prOVIsions of Section 615 of the Santa MOnica City Charter As set forth
In the findmgs 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 November 11.2001, unless priorto that date, after a public
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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 Ordlna'nce
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 pubhshed once m the officIal
newspaper wlthm 15 days after ItS adoption This Ordinance shall become effective upon
ItS adoption
APPROVED AS TO FORM:
~kuNM-fUA
MARSHA J~S Mo'ufRIE
City Attorney
F \ATTY\M U N 1\LAWS\BARRY\construc ord wpd
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Adopted and approved this 8th day of August, 2000
State of California )
County of Los Angeles) ss
City of Santa Momca )
I, Maria M Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No 1984 (CCS) had It'S introduction and adoption at the Santa
Monica City CounCil meeting held on August 8, 2000, by the follOWing vote
Ayes CounCil members Holbrook, Rosenstein, McKeown, Feinstein, Bloom,
Mayor Genser
Noes CounCil members Mayor Pro Tem O'Connor
Abstain" CounCil members' None
Absent CounCil members None
ATTEST
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Mana M Stewart, City Clerk