SR-7-F (3)
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CITY PLANNING DIVISION
Land Use and Tr~nsportation Management Department
M E M 0 RAN 0 U M
JATE: ~ay 8, :991
ro: The Honorable Plann~ng Ccmm1ss~on
?ROM: Planning staff
SUBJECT: CUP 91-013/VTTM 50580, Supplemental Staff Report
Address:
Applicant:
1142 Eighteenth Street
Henry Yarmark
On Tuesday afternoon, May 7, 1991 staff received a copy of the
:etter to the Planning Co~'~ss~on from the applicant's attorney,
Lawrence & Harding, stating their concerns with severa~ standard
conditions in the s~aff report for the subject project. Although
staff had minimal time to respond to the letter, the following
discussion was prepared in response to the applicant's requests.
Condition No. 13 - Transportation Management Plan Fees
The applicant contends that Condition No. 13 relating to
Transportation Management Plan fees should be deleted because
there ~s no estimate or limit on fees, and that residential proj-
ects were not included in the Draft Transportation Management
Plan.
Response: condition No. 13 is intended to notifY applicants that
lithe City is contemplating the adoption of a Transportation Man-
agement Plan" and that when the plan is adopted, fees may be re-
quired. There may be fee requirements in two areas: a fee on
employers to fund city-wide trip reduction strategies, and a trip
fee on new development. Clearly, a condominium project would not
be subject to an employer fee. However, there is a possibility
of residential projects being subject to a new development fee.
To clarify when the fees would be applicable, staff is suggesting
to modify the condition to clarify the applicability of a fee on
employers, and to clarify that if no new development fee is adop-
ted prior to issuance of a Certificate of Occupancy, the project
would not be subject to such fees. Modifications to condition No.
13 are underscored as follows:
13. The city is contemplating the adoption of a Transportation
Management Plan which is intended to mitigate traffic and
air quality ~mpacts resulting from both new and existing
development. The Plan will likely include an ordinance
establishing mitigation requirements, including one-time
payment of fees on certain types of new development, and
annual fees to be paid by certain types of employers in
the city. This ordinance may require that the owner of
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the proposed proj ee-=. pay such ::-:ew developmem: :ees, and
that employers, Nhere a?plicable, ~~thin the project pay
such new annual employer fees related ~o t~e City's
~ransportation Management Plan. Development applications
shall not be subject to the potent~al new development fee
:.f no ord~nance :.:nplement~ng such fees has been adopted
pr~or to lssuance of a Cert~ficate of Occupancy for ~he
proJect.
Recc~~endation: staff reco~ends modifying the condition as pro-
posed above. The staff report template will be altered consis-
tent wlth this new wording.
Conditlon No. 23 - Zero Net Water/Wastewater Flows
The applicant contends that 1 t would be "unduly harsh" not to
recognlze that the development of the project would result in a
:let decrease in wastewater flows compared with the most recent
use af five dwelling units, and that no other similar projects
have had this condition placed upon them.
Response: For approximately the last year, the zero net water!
~astewater flows condition has been included on condominium proj-
ects for consistency with the standing city policy to promote
water conservation and reduce wastewater demand within the com-
~unity. However, this condition has been superceded by the City
Councll1 s adoption of ~i.nance 1580 (CCS1-r which establishes
wastewater mitigation requirements for new development (copy
attached) .
Recommendation: Staff recommends deletion of the condition. The
condl tion will also be deleted from the standard staff report
template.
Condition No. 34 - Inclusionary Housing
The appl~cant contends that Ord~nance No. 1519 is unenforceable
due to conflicts with the Program 12 as revised (Ordinance 1448),
which established a 15% requirement instead of a 30% affordable
requlrement, and that the fees in lieu of providing the 30% re-
quirement were incorrectly calculated. The applicant believes
that Condition No. 34 should be amended to require compliance
with Ordinance No. 1448 (instead of Ordinance l5~9) which es-
tablished a 15% affordable requirement and fees to be paid in
lieu of the requirement.
Response: A representative from the City Attorney's office will
be in attendance at the public hearing to address concerns relat-
ing to the applicability of the Inclusionary Housing condition.
condition No. 37 - Validity of Permits
The applicant contends that a time limit to "exercise" the condi-
tional use permit for the project has not been proposed. Condi-
tion No. 37 specifies a term of approval of two years from the
permit's effective date as underscored in brackets below:
37. This determination shall not become effective for a period
of fourteen days from the date of determination, or if
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appealed, ~ntil a final determ~nation ~s made on t~e ap-
peal. Any appeal must be made in the form requ~red by ~he
Zon~ng Admin~strator. The term of approval of this permit
shall expire two years from the perm~t's effective dater
unless a bUlld~nq permit has been lssued for the project
prlor ~o t~e expirat~on date.
~eco~~endatlon: Staff recommends including the condition as
orlglnally proposed.
:n summary, staff recommends the follow~ng: modifying the
Transportation Management Fee condition to clarify potent~al pay-
ment of fees relating to new development; deleting the Zero Net
Water/Wastewater Flow condition: confirming the applicability of
the Inclusionary Housing condition with the City Attorney's of-
fice; and including the condition specifying an expiration period
as proposed.
Prepared by: Bruce Ambo, Associate Planner
PC/sup91013
5/8/91
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CA:RMM:jld271a/hpc/pc
C1ty Council Meeting 4-9-91
Santa Monica, Californ1a
ORDINANCE NUMBER 1580 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING CHAPTER 2A OF ARTICLE VII
OF THE SANTA MONICA MUNICIPAL CODE RELATING TO
WATER CO~SERVATION MEASURES AND DECLARING THE
PRESENCE OF AN EMERGENCY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 2A of Article VIr of the Santa Monica
Municipal Code is amended to read as follows:
CHAPTER 2A - WATER CONSERVATION
SECTION 7240. Pindinqs. The City
Council finds and declares:
(a)
The state of
California,
including the City of Santa Monica, suffers
from recurring severe drought conditions and
even during non-drought periods water is a
scarce resource throughout much of Southern
California.
(b) An active water conversation
program within the city of Santa Monica is
essential to preserve water resources and to
reduce the risk and severity of water
shortages when drought occurs.
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(~) An emergency has been caused by
the drought cond~tions within the State of
Cal~fornia and within the City of Santa
Monica, and there is a threatened water
shortage within the City of Santa Monica.
The enactment of a water reduction plan as
an emergency measure is necessary in order
to preserve the public peace, health, and
safety.
(d) An emergency water conversation
plan is necessary to minimize the effect of
the shortage of water within the city of
Santa Monica and that such a plan w~ll
significantly reduce the consumption of
water, thereby extending the available water
required by the City of Santa Monica while
minimiz ing the hardship caused to the
general public to the greatest extent
possible.
SECTION 7241. Water Conservation
Requirements. The following water
conservation requirements shall apply to all
persons within the City of Santa Monica:
(a) Watering Days. No lawn or
landscape area shall be watered more
frequently than twice during any seven (7)
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day per.lod unless reclaimed water 1.5
ut1.lized as permitted by law.
(b) watering Hours. No lawn or
.
landscape area shall be watered between the
hours of 10:00 a.m. and 4:00 p.m. on any
day. This subsection shall not apply to any
drip irrigation system approved by the
Director of General Services or if the
Director of General Services approves in
writing an exemption for irrigation system
maintenance, leak repair, or new planting of
low water usage plants or if reclaimed water
is utilized as permitted by law.
(e) Anti-waste Measures. No person
shall:
(1) Wash, clean, or clear with
water walkways, patios, driveways, alleys,
or parking areas, whether paved or unpaved
except by use of a hand held bucket or
similar container or by use of a cleaning
machine equipped to recycle any water used.
In no event shall any water so used be
permitted to run off into streets, alleys or
storm drains.
(2) Wash or clean with water
any vehicle, including but not limited to
any automobile, truck, van, bus, motorcycle,
boat or trailer t
whether motor ized or
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unmotor~zed, except by use of a hand held
bucket or similar container or a hose
equ~pped W1 th a posi ti ve action quick
release shut-off valve or nozzle. This
subsection shall not apply to any commercial
car washing facility which utilizes a
recycling system to capture or reuse water.
(3) Excessively water any lawn
or landscape area and water shall not be
permitted to run off lawns or landscape
areas onto any gutters, streets, or alleys.
(4) Clean, fill, or maintain
water levels in decorative fountains, ponds,
lakes, or displays unless reclaimed water is
used as permitted by law.
(5) Fill any hot tub, spa or
permanent swimming or wading pool with
water, except for the first filling of a hot
tub, spa, or permanent swimming or wading
pool constructed pursuant to a building
permit, or to refill a hot tub, spa, or
permanent swimming or wading pool after it
has been emptied to perform necessary leak
repairs.
(6) Cause, permit or allow
water to leak from any exterior or interior
pipe, hose, or plumbing fixture of any kind
whatsoever.
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( d)
Establishments.
establishments
Eating and Drink1ng
All eating and drinking
of any kind whatsoever
not limited to, any
including, but
restaurant, hotel,
cafe,
cafeteria, bar, or
club, whether public or private, shall only
provide drinking water to any person upon
receipt ?f an express request.
(e) Exceptions. The provisions of
this Section are not applicable to the uses
of water which are necessary to protect
public health and safety or for essential
governmental services, such as pOlice, fire,
and other similar emergency services.
SECTION 7242.
Water Consumption
Limits.
(a) Effective April 1, 1991, no
customer of water supplied by the City of
Santa Monica shall use water or permit water
to be used in an amount greater than eighty
percent (80%) of the amount used by the
customer during the same billing period in
1990.
(b) The water consumption limits
established in subsection (a) shall not be
applicable to:
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(1) any single family residence
where water consumption usage is at or below
eighteen (18) billing units;
(2) any mUlti-family residence
where water consumption usage is at or below
eleven (11) billing units per dwelling unit;
or
(3) any non-residential
consumer of water whose water consumption
usage is at or below eleven (11) billing
units.
(e) If no 1990 water consumption
data is available for a city water
customer's service address, the customer
shall be provided a water consumption limit
by the Director of General Services or his
or her designee, who shall use 1990 water
consumption rates of similar users,
properties or businesses to calculate the
customer's current consumption limits.
(d) The city Council by Resolution
is authorized to require further reductions
in the use of water than provided for in
this section I if such redu::tions are
necessary in order for the City to comply
with water use restr1ctions imposed by
federal, state or reg~onal water agencies.
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SECTION 72~3. Excess Water
Consumption Surcharqe and Flow Restriction.
Every customer of city supplied water who
uses water or permits water to be used in
excess of the amounts established in Section
7242 shall be charged a surcharge for any
excess water used as follows:
(a) For the first occurrence of
excess water used, four dollars ($4.00) per
billing unit of excess water used.
(b) For the second occurrence of
excess water used, eight dollars ($8.00) per
billing unit of excess water used.
(c) For the third occurrence,
sixteen dollars ($16.00) per billing unit of
excess water used.
(d) For the fourth or more
occurrence, thirty two Dollars ($32.00) per
billing unit of excess water used.
Furthermore, if a customer has more than
three billing periods of excess water
consumption usage, the Director of General
Services may restrict the flow of water to
the customer in addition to charging the
customer for excess water usage as provided
for in this subsection. In addition, the
Director of General services may require the
customer to install appropriate low water
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using devices, appliances or plumbing
fixtures as may be required to bring water
consumption within the limits established by
section 7242. If the customer continues to
fail to comply with the provisions of
Section 7242, the Director of General
services may commence water disconnection
procedures.
SECTION 7244 . Pools and Spas.
Effective April 1, 1991, no person shall be
issued a building perlll.i t for the
construction or remodeling of any pool, spa,
hot tub, decorative pond or fountain unless
reclaimed water is utilized as permitted by
law or unless the spa or hot tub has a
maximum capacity of less than 500 gallons
and is equipped with a cover.
SECTION 7245. Water consumption
Limits and Fees for New Development.
Effective April 1, 1991, no person ~hall be
issued a building permit for any development
project unless:
(a) The development will not affect
or alter any plumbing fixture; or
(b) The development involves a
s~ngle family residence and is not a
substantial remodel as defined in Santp
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Mon1ca M~nicipal Code Section 9000.3 and
will not increase by more than fifty percent
(50%) the square footage of the principal
building; or
(c) The development involves a
mUlti-family
residence
and
is
not
a
substantial remodel as defined in Santa
Monica Municipal Code Section 9000.3 and
will not increase the number of dwelling
units on the property; or
l
I
(d)
The person pays in advance a
fee to the Director of General Services
sufficient to mitigate twice the estimated
daily water consumption rate projected for
the development, except that any person
requesting a building permit for any low and
moderate income housing development shall be
required to pay a fee sufficient to mitigate
only the estimated net increase in daily
water consumption rate projected for the
development.
The City council shall by
Resolution establish or amend any fee
permitted by this section.
SECTION 7246. Appeals.
(a)
Any
customer
assessed
a
surcharge or other penalty pursuant to this
..
Chapter may claim that the surcharge was not
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properly assessed in accordance with the
provisions of this Chapter by requesting a
hearing within the time and manner set forth
in Municipal Code section 6072, provided
that no hearing request shall be deemed
timely filed and no hearing shall be held
unless, within the time period to request a
hearing, the customer deposits with the City
money in the amount of any unpaid bill, less
the disputed surcharge amount, due under
this Chapter. If as a result of the hearing
it is determined that the surcharge was
properly assessed, the customer shall pay
any applicable surcharge. The decision of
the Hearing Examiner shall be final except
for judicial review and shall not be
appealable to the City Council.
(b) It shall not be a defense to
the assessment of any surcharge or to any
other civil enforcement action provided for
under this Section for a customer to assert
that any violation of this Chapter was
caused by the actions of a person other than
the customer except if the violation was
caused by the criminal or negligent action
of a person who was not an agent, employee,
or family member of the customer.
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(c) Any surcharge provided for
hereunder shall be added to subsequent water
billings until paid and when collected by
the Water Oivision shall be deposited in the
Water Operating Fund.
SECTION
Remedies.
(a) The violation of this Chapter
shall constitute an infraction punishable by
a fine not to exceed One Hundred Dollars
($100.00). Each day that a violation occurs
shall constitute a separate offense.
(b) In addition to any other
surcharge or penalty as may be provided for
in this Chapter, any customer who fails to
comply with any provision of Section 7241
may be assessed a surcharge of Twenty
Dollars ($20.00) or twenty percent (20%) of
the customer's total water bill for the most
recent billing period, whichever is greater.
(c) Pursuant to Penal Code Section
836.5, the Conservation Coordinator or Water
Conservation Inspector may arrest without a
warrant any person whenever the Coordinator
or Inspector has reasonable cause to believe
that the person to be arrested has committed
an infraction in his or her presence which
7247.
Penalties
and
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is a violation of this Chapter. In any case
in which a person is arrested pursuant to
this Section, and the person arrested does
not demand to be taken before a magistrate,
the Conservation Coordinator or Water
Conservation Inspector shall prepare a
written notice to appear and shall release
the arrested person or his or her promise to
appear as provided for in Section 3606 of
this Code.
(d) Willful Misrepresentation. It
shall constitute a misdemeanor punishable by
a fine not to exceed Five Hundred Dollars
($500.00) or by imprisonment for a period
not to exceed six (6) months or both, for
any person to knowingly misrepresent any
material fact to any employee, agent or
representative of the City in any attempt or
effort to circumvent or otherwise diminish
the effectiveness of any of the requirements
imposed by any part of this Chapter.
(e) A violation of any provision of
this Chapter is declared to be a public
nuisance and the City Attorney is authorized
to abate such violation (s) by means of a
civil action.
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(f)
established
cumulative.
The
by
penal ties and
the Chapter
remedies
shall be
SECTION 7248. Relief from
Compliance. The Director of General
Services or his or her designated
representatives may, in writing, grant
variances to persons who apply on forms
supplied by the City for:
(a) Usages of water prohibited by
Section 7241 if it is found that a variance
is necessary to prevent an emergency
condition relating to health and safety, and
if the person seeking a variance has
demonstrated that he or she has implemented
water conservation measures in some other
manner that achieves the objectives of this
Chapter.
(b) Usages of water in excess of
the limits established by section 7242 if it
is determined that the excess demand for
water is caused by facts such as, but not
limited to, illness, a change in use of the
affected property, an increase in the size
of a household, previous implementation of
all feasible water conservation measures,
changes in vacancy, increase in employment,
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plant size or production output or that
there exists no feasible means available to
comply wi th the limi ts established by
Section 7242.
(c) Any customer who has been
assessed a surcharge pursuant to section
7243 may request a variance pursuant to
subsection (b) but must first pay in full
the amount of any unpaid bill, less the
disputed surcharge amount, prior to filing a
variance applicat~on. The request for a
variance must be filed within the time
period established by Santa Monica Municipal
Code Section 6072. If the variance
application is denied in whole or in part
the customer shall be assessed the
applicable surcharge.
(d) No var~ance shall be granted to
any customer unless the customer has
demonstrated that he or she has already
achieved the maximum practical reduction in
water consumption as can be achieved by the
affected property or business. Any variance
granted shall be based upon the water
consumption rates of similar water users I
properties or businesses.
(e) Any person den~ed a var~ance in
whole or in part may appeal the denial to a
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three
person
variance
review
board
established by the City Manager. Any such
appeal shall be made in writing within ten
(10) days of the denial on a form supplied
by the city and shall be accompanied by the
payment of any applicable fee. The variance
review board may approve, modify or deny any
variance. request and may uphold, modify, or
nullify any surcharge. The decision of the
variance review board shall be final except
for jUdicial review and shall not be
appealable to
variance appeal
the City Council. The
board shall establish
procedures
for
the
processing
and
consideration of appeals.
SECTION 7249. City of Santa Monica
Voluntary water Conservation Plan. In
addition to the water conservation
requirements of Sections 7241 and 7242, the
City Manager or his or her designate is
authorized to develop and promulgate a
voluntary water conservation plan which
shall be directed to achieve a greater
reduction in water consumption within the
City of Santa Monica.
SECTION
7250.
Dura~ion
of
Ordinance.
This Chapter shall remain in
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effect until the city Council declares by
resolution that the emergency caused by the
drought conditions have ended. The
provisions of this Chapter can be reimposed
upon a finding by resolution of the City
Council that emergency drought conditions
have reoccurred.
SECTION 7251. Fees. The City
Council may, by resolution, establish fees
for the filing, processing, or approval of
any application, permit or variance provided
for under this Chapter.
SECTION 2. 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, are hereby repealed or modified to that extent necessary
to affect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause,
or phrase of this ordinance is for any reason held to be 1nvalid
or unconstitutional by a decision of any court of any competent
Jurisdiction, such decision shall not affect the validity of the
remal.n1ng portions of this Ordinance. The City council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether
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any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the city Clerk shall
attest to the passage of this Ordinance. The City Clerk shall
cause the same to boa published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective after 30 days from its adoption.
SECTION 5. This Ordinance is declared to be an emergency
measure adopted pursuant to the provisions of City Charter
Section 615 and is necessary for preserving the public peace,
health, and safety for the reasons set forth in Section 1.
Pursuant to City Charter section 619 Cd) I this ordinance shall
take effect and be in full force and effect immediately after the
passage and adoption thereof.
APPROVED AS TO FORM:
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."
ROBERT M. MYERS
City Attorney
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Adopted and approved this 9th day of April, 1991.
tJy~,i,
I hereby certify that the foregoing Ordinance No. 1580(CCS)
was duly and regularly introduced at a meeting of the Ci ty
Council on the 9th day of April 1991; that the said Ordinance was
thereafter duly adopted at a meeting of the City Council on the
9th day of April 1991 by the following Council vote:
Ayes: Councilmembers: Genser, Holbrook, Katz, Olsen,
Vazquez, Zane, and Mayor Abdo
Noes: Councilmembers: None
Abstain: councilmembers: None
Absent: Councilmembers: None
ATTEST:
A;;E~
..,/' .....-- - City Cler'"
LAWRE~C~ &. HARDING
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May 1, 1991
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Santa Monica Planning Commission
1685 Main street, Room 214
santa Monica, CA 90401
Re: VTM No. 50580; CUP No. 91-013
Address: 1142 Eighteenth Street
Applicant: Henry Yarmark
Agenda Item No. 7-F
Our File No. 251.4
Dear Commissioners:
The purpose of this letter is to request that the public
hearing on the above-referenced project -- which is presently
scheduled as Agenda Item 7-F for May 1, 1991 -- be continued to May
8, 1991. The reason for this request is that neither our office
nor the architect's office received any written notice of this
hearing. Al though notice of tonight's hearing was duly sent by the
city to area tenants and owners within a 50Q-foot radius of the
project site, no notice was provided to the attorneys and
architects for the project. Our office only learned of this hearing
yesterday, and we have not had an adequate opportunity to review
and comment upon the Staff Report and meet and prepare an
appropriate presentation for the hearing on this project.
To the best of
opposition to the project
requested continuance.
our knowledge,
which might be
there is no
prejudiced
known
by the
We appreciate your anticipated cooperation and courtesy
in granting this continuance.
Very truly yours,
~~ 1- ~~
Kenneth L. Kutcher
of LAWRENCE & HARDING
a Professional Corporation
CC: Henry Yarmark
Stephen Frew
Paul Berlant
~ari Laham
Bruce Ambo
1ll tre01. 25