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SR-8-B (45)LUTM:PPD:PB:SF:DM w/martextd COUNCIL MEETTNG: January 19, 1993 ~' ~ ~~~:~ ~ ia::.S 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. ~~ ~r - Z- s: r~ y_ l~~.} 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. - 2 - 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. - 3 - f1~~~1LLY1~lY 1 !1 w/alt6 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 - 1 - (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, - 2 - 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. - 3 - {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. - 4 - (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 - 5 - 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. - 5 - 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 _ ~ _ 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 - 8 - 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 _ g _ 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. - 10 - 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 - 11 - within 15 days after its adoption. This Ordinance shall become effective 30 days from the date of adoption. APPROVED AS TO FORM: -_~ ~~SE~H LAWRENCE CTING CITY ATTORNEY - iz - 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 - 13 - o - ~u~ -; ~~ ,~.~w~ .i~ V l~i k ~F/+Ct~L~ ~'r T~ . l11 i ~I ~L"'!;~` '93 ,~IN 11 ~10:00 SANTA M~~r'~.~ , ~:;i~.~i a~fi~ric ~4f. ~a 1033 4l4inf S~. #302 ,Scr~a 9Vfmuaa, CA 90403 ~ Rv~ . ~ ~ ~g -13 ~~#Y ~Au~r+~ci ~ ~t+M~ ~ ~. ~t ~l~~ic ~e~ciR~ ah ~tin. 1~,.y ~7~i F.7 ~~1 1~ ~V^ ~l~dW ~ 5v ~4•~7 ~7i ~/~' oS~ ~~ S~ ~~ ar~iana.w~. ~~o ailaw a~~o ~y ~i9ti c-o+n~+M•.+~al ~e rnta~r U ~k~~~~ ~ ~ ~ ~ ~a~[~~rx~ ~o ~+,~nc ~'~, ~~93~' ~vn~rm~ ,~ok ~,r i,~~,r~ us '~+~'r"'J, ~ fi~~ ~- ~- ~~ ~~~- a~rti. ~-~;wy . Ywr~, ~IA~~~1~1~.. ~~~~~`~ ~r/ ' ~r ~~N ~ g 1993 ~