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SR-8A (19) - 8A , I CA:f:atty\mun1\strpts\mhs\permlif3 Clty Council Meeting 4-25-95 Santa Monica, Californla APR 2 5 1995 TO: Mayor and City Council FROM: city Attorney SUBJECT: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING VARIOUS SECTIONS OF THE ZONING ORDINANCE REGARDING PERMIT LENGTH, COMMENCEMENT OF USE, AND EXPIRATION INTRODUCTION At its meeting on April 11, 1995, the City Council considered an ordinance amending various sections of the zoning ordinance regarding permit length, commencement of use, and expiration. The Council expanded the defin1t1on of projects e11gible for a longer lnltial permit term, and introduced the ord1nance for first reading. The ordlnance is now presented to the C1ty Councll for adoption. The ordinance provides, among other things, that II if the perml t 1S for affordable housing or a mixed use proj ect where houslng units comprlse at least 75% of the floor area of the project (collectively IIhouslng project"), and the housing project has received C1 ty , State or Federal fund1ng or 1S comprised of units at least 50% of which are deed-restricted to be affordable to low or moderate income households, in the absence of a tlme period established. . . as a condltion of granting the permlt," the land use permlt IIshall explre If the rights granted are not exercised wlthln three years, or lf located ln the Coastal Zone, 3 1/2 years from the effective date of permit approval. II -S^ /~l APR 2 (195 RECOMMENDATION It is respectfully recommended that the accompanY1ng ordinance be adopted. PREPARED BY: Marsha Jones Moutrie, City Attorney 2 , ~ CA:f:\atty\muni\laws\mhs\permlif2 city council Meeting 4-25-95 Santa Monica, California ORDINANCE NUMBER 1798 (CCS) (City Councl1 Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING VARIOUS SECTIONS OF THE ZONING ORDINANCE REGARDING PERMIT LENGTH, COMMENCEMENT OF USE, AND EXPIRATION WHEREAS, the Planning Commission adopted a Resolution of Intention to amend the zoning ordinance to provide for uniform terms regarding permit length, commencement of use, and permit extensions; and WHEREAS, the Planning commission held a public hearing on the proposed amendment and made recommendations to the Clty Council fallowing the hearing; and WHEREAS, the city Council held a public hearing on the proposed amendment; and WHEREAS, the City Council finds and declares that the proposed amendment is consistent in principle with the goals, objectives, policies, land uses, and programs specified in theadopted General Plan, in that consistent with Land Use Element Objective 1.1, it insures fair treatment of property owners and residents in the city 1 ~ by standardizing the term length and possible extension for all planning permits and clarifying the requirements for exercising the rights associated with a planning permit, and consistent with Housing Element Goals A-I and A-2, the text amendment promotes the construction of new housing for all income groups by providing longer permit terms for affordable housing projects in order to facilitate the development of such uses in the City and by providing longer administrative extensions for all residential projects in the city; and WHEREAS, the public health, safety, and general welfare require the adoption of the proposed amendment, in that the amendment standardizes the rules regarding permit lengths for all planning permits, provides longer permit terms for affordable housing projects and longer extensions for all residential projects in order to provide incentives to encourage the construction of affordable housing and generally increase housing opportunities in the City; and in that the proposed amendment furthers the protection, maintenance, and enhancement of the coastal area and its natural and man-made resources by accommodating the additional review period needed for projects located in the Coastal Zone. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: 2 SECTION 1. section 9.04.20.08.040 of the Santa Monica Municipal Code is amended to read as follows: section 9.04.20.08.040 Term of Permit. The Performance standards Permit shall expire if the rights granted are not exercised within the period established by the Zoning Administrator or Planning Commission on appeal as a condition of granting the permit, or, in the absence of such established time perlod, 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 75% 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 50% 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 Zoning Administrator or Planning Commission on appeal as a condition of granting the permit, the Performance standards Permit shall expire if the rights granted are not exercised within three years, or if located in the Coastal Zone, 3 1/2 years from the effective date of permit approval. 3 (a) Exercise of Rights. 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 Performance Standards Permit is granted in conjunction with approval of new construction, issuance of a building permit shall constitute exercise of rights under the Performance Standards Permit, provided, however, that, unless otherwise specified as a condition of project approval, the Performance Standards Permit shall expire if: (1) The building permit expires; or (2) The rights granted under the Performance Standards Permit are not exercised within one year fallowing 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. (b) Extension. If the applicant flIes an extension request with the Zoning Administrator in writing prior to expiration of the permit, the Zoning Administrator may administratively grant one six month extension of the term of the Performance Standards Permit, or if the project includes residential uses, a one year extension of the term of the Performance Standards Permit. 4 SECTION 2. section 9.04.20.10.060 of the Santa Monica Municipal Code is amended to read as follows: Section 9.04.20.10.060 Term of Permit. The Variance shall expire if the rights granted are not exercised within the period established by the Zoning Administrator or Planning commission on appeal as a condition of granting the Variance, 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 75% of the floor area of the proj ect ( collectively Uhous ing proj ect"), and the housing project has received City, state or Federal funding or is comprised of units at least 50% 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 Zoning Administrator or Planning Commission on appeal as a conditlon of granting the permit, the Variance shall expire if the rights granted are not exercised within three years, or if located in the Coastal Zone, 3 1/2 years from the effective date of permit approval. 5 (a) Exercise of Rights. 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 Variance is granted in conjunction with approval of new construction, issuance of a building permit shall constitute exercise of rights under the Variance, provided, however, that, unless otherwise specified as a condition of project approval, the Variance shall expire If: (1) The building permit expires; or (2) The rights granted under the Variance 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 constructlon. (b) 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 one six month extension of the term of the variance, or if the project includes residential uses, a one year extension of the term of the Variance. 6 SECTION 3. section 9.04.20.11.060 of the Santa Monica Municipal Code is amended to read as follows: section 9.04.20.11.060 Term of Permit. The Use Permit shall expire if the rights granted are not exercised within the period established by the Zoning Administrator or the Planning Commission on appeal as a condition of granting the Use 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 75% 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 50% 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 Zoning Administrator or Planning commission on appeal as a condition of granting the permit, the Use Permit shall expire if the rights granted are not exercised within three years, or if located in the Coastal Zone, 3 1{2 years from the effective date of permit approval. (a) Exercise of Rights. Exercise of rights shall mean actual commencement of the use granted by the 7 permit, unless the permit is granted in conjunction with approval of new construction. If the Use Permit is granted in conjunction with approval of new construction, issuance of a building permit shall constitute exercise of rights under the Use Permit, provided, however, that, unless otherwise specified as a condition of project approval, the Use Permit shall expire if: 11) The building permit expires; or (2) Final Inspection is not completed or Certificate of Occupancy issued within the time specified as a condition of project approval; or (3) The rights granted under the Use 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. (b) 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 one six month extension of the term of the Use Permit, or if the project includes residential uses, a one year extension of the term of the Use Permit. 8 SECTION 4. section 9.04.20.12.060 of the Santa Monica Municipal Code is amended to read as follows: Section 9.04.20.12.060 Term of Permit. The Conditional Use 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 Conditional Use 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 75% 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 50% 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 Condltional Use Permit shall expire if the rights granted are not exercised within three years, or if located in the Coastal Zone, 3 1/2 years from the effective date of permit approval. 9 (a) Exercise of Rights. Exercise of rights shall mean actual commencement of the use granted by the permit, unless the permlt is granted in conjunction with approval of new construction. If the Conditional Use Permit is granted in conjunction with approval of new construction, issuance of a building permit shall constitute exercise of rights under the Conditional Use Permit, provided, however, that, unless otherwise specified as a condition of project approval, the conditional Use Permit shall expire if: (1) The building permit expires; or (2) Final Inspection is not completed or certificate of Occupancy issued within the time specified as a condition of project approval; or (3) The rights granted under the conditional Use 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 f lnal inspection for the new construction. (b) 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 one six month extension of the term of the Conditional Use Permit, or if the project 10 includes residential uses, a one year extension of the term of the Conditional Use 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 Conditional Use 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 principal 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 affect public health, safety and general welfare. SECTION 5. Section 9.04.20.14.050 of the Santa Monica Municipal Code is amended to read as follows: section 9.04.20.14.050 Term of Permit. The Development Review 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 Development Review Permit, or, in the absence of such established time period, ei ther within one year, or if located in the Coastal 11 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 75% of the floor area of the project (collectively Ithousing projecV'), and the housing project has received city, state or Federal funding or lS comprised of units at least 50% 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 Development Review Permit shall expire if the rights granted are not exercised within three years, or if located in the Coastal Zone, 3 1/2 years from the effective date of permit approval. (a) Exercise of Rights. 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 Development Review Permit is granted in conjunction with approval of new construction, issuance of a building permit shall constitute exercise of rights under the Development Review Permit I provided, however, that, unless otherwise specified as a condition of project approval, the Development Review Permit shall 12 explre if: (1) The building permit expires; or (2) The rights granted under the Development Review 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. (b) 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 one six month extension of the term of the Development Review permit, or if the project includes residential uses, a one year extension of the term of the Development Review 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 permitfs expiration. Such extension request shall be processed in the same manner and for the same fee as a new Development Review 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 principal with the goals, objectives, policies, land uses, and programs specif ied in the adopted General Plan, 13 conditions surrounding the project site and whether the project will adversely effect public health, safety and general welfare. SECTION 6. section 9.04.20.26.050 of the Santa Monica Municipal Code is amended to read as follows: Section 9.04.20.26.050 Term of Permit. The Reduced Parking Permit shall expire if the rights granted are not exercised within the period established by the Zoning Administrator or Planning Commission on appeal as a condition of granting the Reduced Parking 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 Reduced Parking Permit approval. However, if the permit is for affordable housing or a mixed use project where housing units comprise at least 75% 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 50% 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 Reduced parking Permit shall 14 expire if the rights granted are not exercised within three yearsl or if located in the Coastal Zone, 3 1/2 years from the effective date of permit approval. (a) Exercise of Rights. 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 Reduced Parking Permit is granted in conjunction with approval of new construction, issuance of a building permit shall constitute exercise of rights under the Reduced Parking Permit I provided, however, that, unless otherwise specified as a condition of proj ect approval, the Reduced Parking Permit shall expire if: (1) The building permit explres; or (2) The rights granted under the Reduced Parking 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. 15 (b) 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 one six month extension of the term of the Reduced parking permit, or if the project includes residential uses, a one year extension of the term of the Reduced Parking Permit. SECTION 7. section 9.04.20.28.030 of the Santa Monica Municipal Code is amended to read as follows: section 9.04.20.28.030 Term of Permit. The Administrative Approval shall expire if the rights granted are not exercised within one year, or if located in the Coastal Zone, eighteen months, from the date of approval. However, if the permit is for affordable housing or a mixed use proj act where housing units comprise at least 75% of the floor area of the project (collectively "housing projectU), and the housing project has received City, state or Federal funding or is comprised of units at least 50% 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 Administrative Approval shall 16 expire if the rights granted are not exercised within three years, or if located in the Coastal Zone, 3 1/2 years from the effective date of permit approval. (a) Exercise of Rights. 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 Administrative Approval is granted in conjunction with approval of new construction, issuance of a building permit shall constitute exercise of rights under the Administrative Approval, provided, however, that, the Administrative Approval shall expire if: (1) The building permit expires; or (2) The rights granted under the Administrative Approval are not exercised wi thin 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. (b) 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 one six month extension of the term of the Administrative Approval, or if the project includes residential uses, a one year extension of the 17 term of the Administrative Approval. SECTION 8. Section 9.04.20.32.060 of the Santa Monlca Municipal Code is amended to read as follows: section 9.04.20.32.060 Term of Permit. The Yard Modification Permit shall expire if the rlghts granted are not exercised within the period established by the zoning Administrator or Planning commission on appeal as a condition of granting the Yard Modification Permit, or, in the absence of such established time period, either wi thin one year, or if located in the Coastal Zone, eighteen months, from the date of permit approval. However, if the permit is for affordable housing or a mixed use project where housing units comprise at least 75% of the floor area of the project (collectively "housing projectn), and the housing project has received city, state or Federal funding or is comprised of units at least 50% 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 Yard Modification Permit shall expire if the rights granted are not exercised within three years, or if located in the Coastal Zone, 3 1/2 years from the 18 effective date of permit approval. (a) Exercise of Rights. 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 Yard Modification Permit is granted in conjunction with approval of new construction, issuance of a building permit shall constitute exercise of rights under the Yard Modification Permit, provided, however, that, unless otherwise specified as a condltion of project approval, the Yard Modification Permit shall explre if: (1) The building permit expires; or (2) The rights granted under the Yard Modification Permit are not exercised within one year following the earliest to occur of the following: issuance of a Certificate of OccupancYi or if no certificate of Occupancy is required, the last required final inspection for the new construction. (b) Extension. If the applicant files an extension request with the Zoning Administrator in writing prior to expiration of the permit, the Zoning Administrator may administrati vely grant one six month extension of the term of the Yard Modification Permit, or if the project includes residential uses, a one year extension of the term of the Yard Modification Permit. 19 SECTION 9. section 9.04.20.34.080 of the Santa Monica Municipal Code is amended to read as follows: Section 9.04.20.34.080 Term of Permit. The Adjustment shall expire if the rights granted are not exercised within the period established by the Zoning Administrator or the Planning Commission on appeal as a condition of granting the Adjustment, 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 75% of the floor area of the project (collectively "housing projectn), and the housing project has received City, State or Federal funding or is comprised of units at least 50% 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 Adjustment shall expire if the rights granted are not exercised withln three years, or lf located in the Coastal Zone, 3 1/2 years from the effective date of permit approval. (a) Exercise of Rights. Exercise of rights shall mean actua 1 commencement of the use granted by the 20 permit, unless the permit is granted in conJunction with approval of new construction. If the Adjustment is granted in conjunction with approval of new construction, issuance of a building permit shall constitute exercise of rights under the Adjustment, provided, however, that, unless otherwise specified as a condition of project approval, the Adjustment shall expire if: (1) The building permit explres; or (2) The rights granted under the Adjustment 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. (b) Extension. If the applicant files an extension request with the Zonlng Administrator in writing prior to expiration of the permit, the Zoning Administrator may administratively grant one six month extension of the term of the Adjustment, or if the project includes residential uses, a one year extension of the term of the Adjustment. SECTION 10. Applicability. The provisions of this Ordinance shall apply to any Performance Standards Permit, Variance, Use Permlt, Conditional Use Permit, Development ReVlew Permit, Reduced 21 Parking Permit, Administrative Approval, Yard Modification Perm~t or Adjustment ("herelnafter referred to as "Land Use Perml t") lssued after the effectlve date of th1S Ordlnance. However, the appllcant for any affordable houslng or mlxed use project where houslng units comprise at least 75% of the floor area of the proJect (collectively "hous1ng proJect") , WhlCh housing proJect has received Clty, state or Federal funding or is comprised of unlts at least 50% of which are deed-restricted to be affordable to low lncome households and the renalnder of WhlCh are deed-restricted to be affordable to low or moderate lncome households, which has an unexplred Land Use Perm1t but which has not yet rece~ved a building perm1t, may elect to have the provlslons of this Ordinance apply to the Land Use Permit. SECTION 11. Any provislon of the Santa Monlca Municipal Code or appendlces thereto, lncons1stent wlth the provls1ons of th1S Ordlnance, to the extent of such lnconsistencles and no further, are hereby repealed or modified to that extent necessary to effect the provislons of thls Ordlnance. SECTION 12. If any sectlon, subsection, sentence, clause, or phrase of thls Ordlnance 1S for any reason held to be invalid or unconsti tutlonal by a declslon of any court of any competent ]urlsdlction, such decision shall not affect the validity of the remalning portions of thlS Ordinance. The Clty Councl1 hereby declares that it would have passed this Ordinance, and each and 22 every sectlon, subsection, sentence, clause, or phrase not declared lnvalld or unconstitutional without regard to whether any portlon of the Ordlnance would be subsequently declared lnvalid or unconstltutlonal. SECTION 13. The Mayor shall sign and the Clty Clerk shall attest to the passage of thls Ordinance. The city Clerk shall cause the same to be published once In the offlclal newspaper v.lithin 15 days after lts adoptlon. ThlS Ordlnance shall be effectlve 30 days from lts adoption. APPROVED AS TO FORM: ~L0LL~~ ~U:li fL4 MARSHA JONES' MOUTRIE Clty Attorney 23 tJ~ Mayor State of CalIfornIa ) County of Los Angeles) ss CIty of Santa Momca ) I, Clance E Dykhouse, City Clerk of the CIty of Santa Momca, do hereby certIfy that the foregomg Ordmance No 1798 (CCS) had Its first readmg on Apnl I I. 1995 and had Its second readmg on Apn125. 1995 and was passed by the followmg vote Ayes Council members' Genser, Greenberg,Rosenstein, Abdo, O'Connor, Holbrook Noes CouncIl members None Abstam CouncIl members None Absent Councll members Ebner ATTEST ~L4";r, E M~ ---- - - .-/ CIty Clerk