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COUNCIL MEETTNG: January 19, 1993
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Santa Monica, California
TO: Mayor and City Council
FR~M: City Staff
SUBJECT: Ordinance for Introduction and First R~ading Extending
the Existing Cammercial D~velopment Moratorium to June
26, 1993.
INTRODUCTION
This report recommends that the City Council introduce for first
reading an ordinance to allow a 120 day extension af the existing
commercial develapment moratorium ta June 26, 1993.
BACKGROUND
In May 1989, the City Council adopted an interim ardinance which
placed a moratorium on most new cam~-ercial develapment. This
maratorium is scheduled to expire on February 26, 1993.
Currentiy staff is warking on a recommendation ta City Council on
the new commercial development standards to be implemented once
the moratarium expires. However, due to time constraints, it is
nat possible for the Planning Commission and City Council to act
before the current moratarium expires and it is therefore
necessary to amend the Zoning Ordinance and extend the
moratorium. In November of 1992, the City Council initiated a
resolution o~ intention to amend the Zoning ~rdinance ailawing
for a 120 day ext~nsion to the moratorium. The Planning
Commission conducted a public hearing on the Zoning Ordinance
text amendment on January 13, 1993.
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EXTENSI~N OF THE MORATORIIIM
By extending the moratorium, the months of February and March
will be used by the Council to fully consider the proposed
de~elopment alternatives. It is anticipated that direction wi~l
be given tv staff by late February on the proposed development
standards. This will provide sufficient time ta instruct the
staff and City Attorney to draft the appropriate ordinances and
consider them at subsequent public hearings prior to the June
1993 expiration date of the moratorium. Staff believes that an
additional 120 days should be sufficient to allow the Cauncil and
the public to study the EIR and other related materia~, hold
hearings, and give final directian to staff to implement any new
development standards.
PLANNING GOMMISSION ACTI~N
At the Planning Commissian me~ting af January 13, 1993 the
Commission recommended approval of a proposed change to thE
Zaning Ordinance permitting a 120 day extension af the existing
cammercial deve~apment moratorium.
BUDGETrFINANCIAL IMPACT
The recommendation presented in this report daes not have a
budget or fiscal impact.
RECOMMENDATIDN
It is recommended that the City Council introduce for first
reading the attached ordinance which will extend the existing
commercial development maratorium for 120 days, to Juna 25, 1993.
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Prepared By: Paul Berlant, Directar of LUTM
Suzanne Frick, Planning Manager
David Martin, Associate Planner
Land Use and Transportation Management Department
Program and Policy Development Division
Attachments: A. Ordinance Extending the Citywide Moratorium on
Non-Residential and Hotel Development.
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City Council Meeting 1-19-93 Santa Monica, California
ORDINANCE NUMBER (CCS)
{City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA EXTENDING THE CITYWIDE
MORATORILIM ON NON-RESIDENTIAL AND HOTEL DEVELOPMENT
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) In recent years, the pace of non-residential
development in the City has accelerated dramatically, adversely
affecting the capacity and quality of the City's street and
highway system, the jobs/housing balance within the City, and the
quality of life in the community, including envzronmental quality
and neighborhood character.
(b) In 1987, a building permit was issued for only one
non-residential project totaling 1,014,546 square feet. In 1988,
building permits were issued for twenty-three (23}
non-residential prajects totaling 2,835,94D square feet. In
1989, discretionary planning approvals were granted for 17
non-resident~.al projects totaling 1,077,402 square feet. In
1990, discretionary planning apprflvals were granted far 13
nan-residential projects totaling 776,987 square feet. In
addition, of the 17 discretionary prfljects approved in 1989, nine
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(9} of the projects, totaling 577,91Q square feet, have not yet
been issued building permits and begun construction.
(c) Since the non-residential development mo~atorium was
initially adopted by the City Council in May 1989, and through
No~ember 1990, a total of 203,308 square feet of non-residential,
non-discretionary development has been approved under the
provisions of the moratarium ordinance.
(d} Based on population and emp~oyment prajections, the
Environmental Impact Report on the City's Land Use and
Circulation Element, adopted on ~etober 23, 1984, projected that
ther~ would be a demand for an additianal 5,800,000 square feet
of non-residential development by the year 2000. As of 1989,
development in the City has already exceeded the projected amount
of development for the year 200a.
(e) A review of recent Initial Studies and Enviranmental
Impact Reports prepared for the City reveals that there are at
least thirteen intersections in the City where the existing level
of service ("LOS" ) fal].s be].aw "D" . These reports further reveal
that with the impact of approved and proposed projects within and
outside the City, the future level of service of at least
thirty-three (33) intersections across the City is projected to
fall below LOS "D".
(f} Accord~ng to the City of Los Angeles, the existing
capacity of the Hyperion Treatment Plant, where wastewater from
the City of Santa Monica's public sewer system is treated and
disposed af, is operating at or near its current full capacity,
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necessitating regulation af th~ rate of wastewater increase
handled by the City's sewer system. The urgency of the
wastewater treatment and disposal problem is illustrated by the
adoption or ordinance Number 1451 (CCS) on July 26, 1988.
{g} The pace of non-residential deveZopment has far
outstripped the pace of residential development in the City,
furth~r increasing the imbalance between the number of jobs in
the City and the availability of housing for persons employed in
the City.
{h) Althouqh revisions to the Zoning Ordinance lowered
heights and floor area ratios in most non-residential districts,
these reductians da not control the rate, location or character
of d~velopment in those areas, and do not adequately address the
infrastructural and environmental problems currently ~acing the
City.
(i) According to the Environmental Impact Report on the
Zoning Ordinance, there is a maximum theoretical capacity of
between 62,924,000 and 75,916,000 square feet for aff~ce
commercial, and industrial development in the City. The maximum
build-out potential needs to be re-examined as do the mechanisms
for limiting and mitigating the impacts of that build-out on the
City's infrastructure.
(j) The increase in deve~opment activity in the City poses
a threat to the public health, safety and welfare of the
residents.
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{k} The City's zoning, planning, subdivision, and building
regulations require review as they pertain to th~ non-residential
development activity within the City in order to ensure that
development is cons~stent with the public health, safety and
welfare.
{1) Following the initiation ar Ordinance Number 1481 (CCS)
creating a ten tnonth and fifteen day moratorium, three public
workshops were held ta help familiarize and involve the public
with issues to be addressed as part of a Citywide growth
management strategy. In addition, three reports were released, a
background report which discussed the existing condition of the
City, a fiscal analysis which discussed the fiscal impact of new
development on the City, and a Citywide Traffic Study which
analyzed the operation of the City's street system.
(m) Since the initiation of Ordinance Number 1512 (CCS)
extending the moratorium for an additional ten ~aonths and fifteen
days, a draft Growth Management Strategy Imp~.ementation Plan was
released which proposed a plan to control the rate, intensity,
and types of uses in new commercial development projects.
Following two Planning Gom~nission public hearings and one meeting
for Commission discussion and deliberatian, the Commission
recammended that the strategy be pursued ~n greater depth and
that a comprehensi~e plan to manage growth in the City, rather
than a plan directed primarily at control.ling the pace of
commercial development, be pr~pared.
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(n) Foliowing the initiation of Ordinance Number 1570 (CCS)
extending the maratorium for one year, a study session was held
with the Planning Commission and City Council to compare and
evaluate ~raffic methadologies. ~n May 14, 1991, the City
Cauncil directed staff to use the Highway Capacity Manual (HCM)
delay approach to analyzing intersection capacities and traffic
flow rates in the City far all future traffic studies. The HCM
methadology requires extensive field work gathering information
on queue lengths, lane widths, percentage af heavy vehicles and
presence of pedestrians and/or bicyclists. For these reasons,
the HCM methodology is much more labor and data intensive than
the previously used Critica~ Movement Analysis (CMA) approach.
The one year moratorium wark program schedule was based upon
using the CMA methodology. Using the HCM approach and
incorporating July/August summer counts required an extension af
the Commercial Moratorium and the Moratorium Work Pragram, as
acknowledged by Council on May 14, 1991.
(o} Since the initiation of Ordinance ~610 (CCS) extending
the moratorium for six months, a Citywide Master Environmental
Assessment has been prepared and reviewed by both the Planning
Commission and the City Cauncil. In addition, preparation of an
Environmental Impact Report (EIR) is underway which will analyze
eleven commercial development alternatives, including an
evaluation of the impact associated with the rezoning of portions
of the C5 and M1 districts to residential uses. The EIR will
include an analysis of the fiscal impacts of altering the City's
e~isting development standards. This analys~s cannot be
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completed without the use of the City's Fiscal Impacts of New
Development (FIND) study. Due to delays in campleting FIND, the
Commercial Development Alternatives EIR will be delayed by six
months. To provide sufficient time for public review and public
hearings on the EIR, as well as Counci~ consideration of new
commercial development standards for the City, the moratorium
must be extended six months.
{p} Following the initiatian of Ordinance 1634 (CCS)
extending the moratorium for six months, the Environmental Impact
Report an the Cammercial Development Standards Program was
comp~eted. The EIR was completed in November of 1992 which does
not provide adequate time for Planning Commission and City
Council review prior to the expiratian ot the maratorium in
February of 1993. To provide sufficient time for public review
and public hearings on the EIR, as well as City Counczl
consideratian of new commercial develapment standards for the
City, the moratorium must be extended for 120 days.
(q} Expiration of the ordinance wauld pose a current and
immediate threat to the public health, safety and welfare of the
residents as set forth in these findings, and the approval of
additianal subdivis~ons, use permits, variances, building
permits, or any other applicable entitlement for use which is
required in order ta comply with a zoning ardxnance would result
in a threat to public health, safety, or welfare.
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SECTION 2. Moratorium.
(a} Subject to the exemptions set forth in Section 3 af
this ordinance, a moratorium is hereby placed on the acceptance
for processing of any applicatians for approval of tentative
tract maps, tentative parcel maps, administrative approvals,
development review permits, conditional use permits, or any other
City permits for the erection, construction, maving, conversion
of, and excavation and grading for, any non-residentia~ building
or structure, including any hotel or motel, in the City of Santa
Monica.
(b) Subject to the exemptions set forth in Sectian 3 of
this Ordinance, the Planning Commission and City staff are hereby
directed to disapprave all applications filed after May 2, 1989,
for approval of tentative tract maps, tentative parcel maps,
administrative appravals, development review permits, conditianal
use permits, or any other City permits for the erectian,
construction, moving, conversion of, and excavation and grading
for any non-residential building or structure, including any
hotel or motel, in the City of Santa Monica.
SECTION 3. Exemptions. The following applications are
exempt from the provisions of Sectian 2 of this Ordinance:
(a} Applications for appraval of permits involving proposed
developments of structures or uses for governmental, educational,
or public recreational purposes on land owned, operated or
controlled by the City of Santa Monica, Santa Monica College, the
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Santa Monica School District, or the State af California and
applications for appraval of permits involving development on
land owned, aperated, ar controlled by the City of Santa Monica
and intended for development of 415 Pacific Coast Highway, the
pier, parking far the pier, or an aquarium.
(b) Applications for approval af perm~ts for proposed
deve~opments in the Third Street Ma7.1 Specific Plan Area and in
the Hospital Specific Plan Area.
(c) App3.ications for approval of permits for propased
developments that fall at or below the following square feet af
flaor area for the district in which the develapment is ~ocated:
C-2 Neighbarhood Commercial 7,000
C-3 Downtown 15,000
C3C Dawntown Overlay 15,000
C-4 Highway Commercial 12,OD0
C-5 Special OffiCe 15, 000
C-6 Baulevard Commercial 15,000
CM Main Street 7,000
CP Commercial Professional 11,000
M1 Industrial Conservation 15,000
BCD Broadway Commercial 11,000
RVC Residential-Visitor Commercial
The Promenade 7,000
All oth2r parts of the District 15,fl00
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For purposes of calculating floor area as it relates to this
ordinance, cavered at grade and above grade parking shall be
exempt from the flaor area calculation.
To the extent that a project contains both residential and
non-residential components, this moratorium applies only to the
non-residential companent of such project. A project that
contains both residential and non-residential components may
proceed with an application only if the square footage of the
non-residential portion of the project falls belo~ the threshold
set forth in this subsection.
The reductions in square footage made on February 26, 1991,
shall apply to any project for which an applicat~on was filed on
or after February 27, 1991.
(d} Applieations for approval of permits involving proposed
developments for which development agree~ent applications have
been filed on or before May 2, 1989 and proposed developments for
which development review applications have been filed and deemed
complete on or before May 2, 1989.
(i) An app~ication shal~ be deemed complete for
purposes of this Ordinance within fifteen (15) days for
subdivision maps and parcel maps, and thirty (30} days for all
other permits, after the P~anning Division receives a
substantially compiete applicatio~ together with all ~nformation,
reports, drawings, plans, filing fees, and any other materials
and documents required by the appropriate application forms
supplied by the City. If, within the specified time period, the
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Planning Division fails to advise the applicant in writing that
his or her application is incomplete and to specify aIl
additional information required to complete that app~ication, the
app~ication shall automatically be deemed complete. An
appl~cation is "substantially camplete" if the missing
information is supplied within two {2) working days of the City's
request.
(ii) If an app~ication for approval of a proposed
development has been deemed COl~lpl@t@ by the City on ar before May
2, 1989, an amended app~ication for the same project shall~ be
deemed complete as of May 2, 1989, so long as the Planning
Director determines that the changes ta the project do not
increase the size or substantially alter the scope of the
propased project. This Section shall nat apply for purposes of
deeming an applicatian camplete under the Permit Streamlining
Act.
(e) Applications for approval of permits involving the
erection, construction, enlargement, demolition, ar moving of,
and excavation and grading far, projects which have been granted
development permits by the P1.anning Commission or Planning
i7ivision on or before May 2, 1989.
(f) For applications involving the demolition and
repiacement of existing single purpose, single tenant,
neighborhaod serving grocery stores and pharmacies, only the net
new floor area to be added shall be subject to the floor area
limitations contained in Section 3(c) of this ordinance.
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Demolition and replacement of the existing floor area shall be
exempt from the square footage limitations.
(g) Applications far approval of a proposed single purposa,
single tenant grocery store, at or below 25,000 square feet, so
long as they apply for and receive a development review permit.
SECTION 4. This ~rdinance shall be of no further force and
effect as of June 26, 1993.
SECTION 5. Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of
this ordinance, to the extent of such incansistencies and no
further, are hereby repeaied or madified to that extent necessary
to effect the provisions af this ~rdinance.
SECTION 6. If any section, subsectian, sentence, clause, ar
phrase of this Ordinance is for any reason held to be invalid or
uncanstitutional by a decisian of any court of any competent
jurisdiction, such decisian shall not affect the validity of the
remaining portions of this Ordinance. The City Cauncil hereby
declares that it would have passed this Ordinance, and each and
every section, subsectian, sentence, ciause, or phrase not
declared invalid or uncanstitutional without regard to whether
any portion of the Ordinance would be subsequently dec~ared
anvalid or uneonstitutional.
SECTI4N 7. 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 ance in the official newspaper
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within 15 days after its adoption. This Ordinance shall become
effective 30 days from the date of adoption.
APPROVED AS TO FORM:
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~~SE~H LAWRENCE
CTING CITY ATTORNEY
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Adopted and approved this _th day of , 1992.
Mayar
I hereby certify that the faregoing Ordinance No. (CCS)
was duly and regularly introduced at a meeting of the eity
Cauncil on the 9th day of June 1992; that the said Ordinance was
thereafter duly adopted at a maeting of the City Council on the
th day af 1992 by the following Council vote:
Ayes: Cauncilmembers:
Noes: Councilmembexs:
Abstain: Cauncilmembers:
Absent: Councilme~bers:
ATTEST:
City Clerk
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