O2022
f:\atty\mu n i\laws\barry\construcamdext-1 . wpd
City Council Meeting 10-9-01
Santa Monica, California
ORDINANCE NUMBER2022 (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
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY 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
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, 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 affect the quality of life or character of neighborhoods, the City Council should
consider enacting a construction rate program.
(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
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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). The rate of
development in 2000 surpassed the development rate of 1999 with 18 projects obtaining
building permit during this year. This substantial rate of development continues to the
present with 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 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.
(j) The City's Zoning Ordinance currently requires approval of a Conditional Use
Permit ("CUP") for the development of condominiums.
(k) 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.
(I) 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
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as to ensure that the physical development is compatible with and relates harmoniously
to the surrounding sites and neighborhoods.
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(m) 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.
(n) 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. On April 11 ,2000, the City Council adopted Ordinance Number 1969 (CCS)
extending Ordinance Number 1966 (CCS) for eighteen months. On August 1, 2000, the
City Council adopted Ordinance Number 1984 (CCS) extending Ordinance Number 1966
(CCS) until November 11, 2001.
(0) The City Council finds and declares that the public health, safety and general
welfare require the extension of Ordinance 1966 (CCS), Ordinance 1969 (CCS) and
Ordinance Number 1984 (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
Droximitv to each other which can be constructed at anv onA timA throLJoh rAmll~tino hath
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process to establish a design compatibility review process for condominiums to ensure that
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the physical development is compatible with and relates harmoniously to the surrounding
sites and neighborhoods.
(p) 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.
(q) 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 districts and the review of condominiums projects. Consequently, this ordinance
extends the provisions of Ordinance 1966 (CCS) up to and including November 11,2002.
(r) 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 allowing development consistent with these standards to occur.
(s) As described above, there exists a current and immediate threat to the public
safety, health, and welfare should the interim ordinance not be extended 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.
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SECTION 2. Construction rate oroaram.
(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 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 shaii apply for fifteen months after issuance of a building permit,
after which time another project may begin construction in the defined area. 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
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
previous fifteen months for any other project within a five hundred foot radius ofthe subject
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building permit for that project or obtained a certificate of occupancy for the project.
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(d) If the Building 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 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 Building Officer shaii
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) 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 uninhabitable, not as a result of the owner's failure to maintain the structure, orthe
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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required to file a project application with the exemption application. City staff shall make
a final determination whether a project meets the requirements ofthis subdivision (4) within
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ninety (90) days after the owner's exemption application for the project is deemed
complete.
(f) The Planning and Community Development Department may 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.
(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 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 Design Compatibilitv Permit. An application for a Design
Compatibility Permit shall be filed in a manner consistent with the requirements contained
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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 receiptin 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) Findings. Foiiowing a public hearing, the Zoning Administrator shaii 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 approve or
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:
(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.
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(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 approval. 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
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 Riahts. "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 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:
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(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
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
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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.
(B) Thatthe use forwhich 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 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) Hearinas. 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.
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(i) Fee. The fee for a Design Compatibility Permit shall be the same as the fee
established for a conditional use permit.
U) CUP Reauirement. 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 shall be of no further force or effect eighteen months
from the date of its adoption, or November 11,2002, 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 ofthis Ordinance. The City Council hereby declares that itwould have passed this
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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 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 shail become effective thirty
days following its adoption.
APPROVED AS TO FORM:
"
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Adopted and approved this 11th day of September, 2001. . (
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,
Michael Feinstein, J"ayor
~
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. 2022 (CCS) had it's introduction on September 25, 2001 and
adoption at the Santa Monica City Council meeting on October 9, 2001 by the following
vote:
Ayes:
Council members: O'Connor, McKeown, Genser, Mayor Pro Tern Bloom,
Mayor Feinstein
Noes:
Council members: Katz
Abstain: Council members: None
Absent: Council members: Holbrook
A TIEST:
~~.
Maria M. Stewart, City
J-