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SR-8C (19) f laf~ylmunilstrptslbarlmoratora sr City Caunal Meeting 8-10-99 TO Mayor and City Cour~cil FROM Gity A#torney ~1lJG 1 ~ ~ : :~.: Santa Manica, California SUBJECT Inter~m Ordinance Amending Interim Ordmance 1947 (CCS} To Excfude Tentati~e Tract Maps and Tentati~e Parcel Maps Submitted On Or Before May 25, 1999 From The Mora~orium On Mul#i-Family Residential Housing Development In The City's Multi-Family Residential D~str~ct And Reques~ To Also Exclude GonditEOnal Use and Development Review Permits Introduction The City Council has directed staff to prepare an amendment to Ordinance Number 1947 (CCS) which wauld exempt certain development applications from the mpratorium imposed by that ordinance The attac~ment fulfilis that direction Discussion At its meeting on June 29, 1999, the Gity Council adopted Intenm Qrdinance No 1947 {CCS) extending Interim Ord~nance No 1944 (CCS) which imposed a moratorium on multi- family development in the City's multi-family residential dis#ncts with specified exceptions More specifically, this ordinance imposes a temporary maratorium an the acceptance for processing of applicat~ons for perm~ts to build condominiums and apartments. Jt also directs the Planning Gommission and City staff to disapprove all applications far apartment and condominium development which were previously subm~tted but were not deemed complete as of May 25, 1999 i ~ +~~~ Subsequent to the adoption af lnterim Ordinance 1947, the City Council directed staff to prepare an ord~nance w~trch would amEnd ~t to exempt appl~cat~or~s for tentat~~e maps and parcel maps submitted on ar before May 25, 1999 from the morator~um T1~e attached proposed ordinance has been prepared in response to ~he City CounciPs direction After the Council gave direction to prepare the amendment, an applicant who would be afFected by it requested, through counsel, that the exemp~ion be broadened Specifically, the applicant requested that the amendment exempt canditional use and development re~iew permits as well as tentat~ve maps Acceding ~o this request would moot out the applicant's legal claims However, the proposed ordinance before Council does not presently include this broadened exemptEOn It is respectFul[y r~commended #hat the accompanying ordinance be in~roducecf for f~rst ~eading and that the Council consider expanding the maratorium exemptians to include applications for cand~tianal use and development re~iew perrnits #hat were submitt~d or~ or before May 25, 1999 PREPARED BY Marsha Jones Moutrie, City Attorney Barry Rosenbaum, Deputy CEty Attorney 2 f lattylmunillawslbarrylrnoratara 5 wpd City Gouncil Meeting 8-10-99 Santa Monica, California ORDINANCE NUMBER (CCS) (City Council Senes) AN INTERIM ORDINANCE OF THE CITY COUNClL OF THE CITY OF SANTA MONICA AMENDING INTERIM ORDINANCE 1947 (GCS} TO EXCLUDE TENTATIVE TRACT MAPS AND TENTATIVE PARCEL MAPS SUBMITTED ON 4R BEFQRE MAY 25, 1999 FROM THE M~RATORIUM ON MULTI-FAMIL.Y RESIDENTIAI. DEVELOPMENT IN THE CITY'S MULTI-FAMILY RESIDENTIAL DISTRICTS THE CITY COUNCIL OF THE CITY OF SANTA M~NICA DOES ORDAIN AS FOLLOWS SECTION ~ Section 2 of lnterrm Ordmance Number '~947 ~CCS) is amended to read as foliows SECTION 2 Moratorium (a} Sub~ect to the exemptions set forth m Section 3 of this ~rdmance, a maratorium is hereby ~laced on the acceptance for processing of any applications for approval of tentative tract maps, tentat~ve parcel maps, admfnistrative approvals, development re~iew permits, and conditional use perm~ts, for any residential buildmg or structure, ~r~cludmg any hotel ar motel, on properties located ~n multi-family residential districts rn the City For purposes of this Ordinance, the multi-famiEy residential districts in the City are R2R, R2, R3, R4, RVC, RMH, OPDuplex, OP2, OP3, OP4, NWOverlay, R2B, and R3R {b) Sub~ect to the exemptions set forth in Section 3 of this Ordinance, the Planning Commission and City staff are hereby directed to disappro~e all applications which have not been deemed complete as of May 25, 1999, for LCIILGLLIVC ~~ac~ ~~~aN~, lGI1LQLIVG ~.lCIII,GI ~ ~~aN~, admin~strative appravals, development re~iew permits, and condit~onal use permits for any residential building o~ structure, including any hotel or motel, on properties located in multi-family residentEal districts in the City SECTION 2 As set forth in the findings of Interim Ordinance Number 1947 (CCS), the moratorium as necessary because the cont~nuing de~efopment of mult~-famEly housing in the City's res~dentiaf zanes prior to the comprehensive review of the City's housing and land use policies and regulat~ons presents a current and immediate thrEat to the public peace, health, safety, and welfare If urgent act~on is not taken, ~rreversible development act~vity will continue unabated, thereby committing scarce land resources to development that is nat m fhe best interests of the residents of the City The approval of addrtional multi-famFly housing de~elopment in the City's multi-family housing d~stricts, with limited exception, pending the City's review of its housing and land use policies and regufations would result in a threat to the public heafth, safety, and welfare SECTI4N 3 Except as amended herein, Interim Qrdinance Number 1947 (CCS) remains in full force and effect SECTiON 4 This ~rdinance shall be of no further farce and effect after March 28, 200Q, unless prior ta that date, after a public hearing, noticed pursuant #o Santa Monica Municipal Code Section 9 04 20 22 Q50, the City Council, by ma~ority ~ote, extends this inter~m ordmance ~ SECTION 5 Any pra~ision of the Santa Monica Municipal Code or appendices thereto incansistent with the prov~sior~s of this Ordinance, to the ext~nt of such inconsistencies and no further, is hereby repealed or madified to that extent necessary to effect the provisions of this ~rdinance SECTION 6 If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be in~alid or unconstitutional by a decision of any court of competent ~urisdiction, such decision shalf not affect the ~alidity of the remaining partions ofithis Ordinance The City Council hereby declares that it would ha~e passed th~s Ordinance and each and every section, subsection, sentence, clause, or phrase not declared m~alid or unconstitutional without regard to whether any portion of the ordtnance woulc! be subsequently declared in~a~id or unconstitutional SECTION 7 The Mayor shall sign and the Gity Clerk sha[1 attest to the passage of this Ordinance The City Clerk shall cause the same to be published once in the off~cial newspaper withm 15 days after its adoption This Ordinance shall become effective 30 days from its adoption APPROVED AS T~ FORM ~ G~(.Y_d~c~~J ~.C M~RSHA J~I~ES MQUTRIE City Attomey~ -, ~ ~ ~ ~.~ F lPCDlSharels~nmids~p~ msw 5anta Mornca, Cat~farrna Council Meeting Augus# 9 0, 1999 Supplemental Staff Report To Mayor and City Council Fram Crty Staff Sub~ect Award of Contract for Construct~on of the Sunset Park and Mid City Traffic Plans - Item 9-A, August 10, 1999 1 ntroduction This report provides supplem~ntal infarmat~on ta the City Council on the funding and Budget/Financiaf fmpacf section of the staff report recommending the award of confract to construct the Sunset Park and Mid City Traffic Plans, Item 9-A Discussion In No~ember 1993, the City of Santa Monica and the de~elaper af the Playa Vista pro~ect, Maguire-Thomas Partners came to an agreement that requires fhe establishment and payment of a$1 5 million traffic mitigation fund The traffic mitigatior~ fund wdl be used to de~elop and implement traffic measures to address impacts assoc~ated w~th the pro~ect V1lner~ the tur~d was developed, it was anticrpated ~t wo~lr} partially fund the implemenfa#ion of the Sunset Park Traffic Plan 1 The payment of tf~e traffic mitigation fund will be made m two installments af $750,000 each Phase '[ of the Playa Vista pro~ect will be campleted m six sub-phases The first ~75Q,O~Q wikl be recei~ed when the canstruct~on loan is recorded for Sub-Phase 2, and the seconc4 payment will be recei~ed at Sub-Phase 5 At this time, there are no anticipated dates for these payments The staff report reqc~ests ar~ appro~r~at~on ot $387,~Oa from t~e Gar~eral Fund to finance fhe unfunded amount of the construction and cantingency costs for the Sunset Park portion of the contract ~ar clar~ficat~an, although the $387,640 will initially be drawn from the General Fund, it is antiapated that these funds will be reimbursed upon receipt of the traffic mitigation fund established in con~unction with Phase 1 of the Playa Vista pro~ect Prepared by Suzanne Frick, Director of Plann~ng and Community Development Ron Fuchiwaki, Traff~c Operations Manager (sunmidsupp) 2