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City Caunal Meeting 8-10-99
TO Mayor and City Cour~cil
FROM Gity A#torney
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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
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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
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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~
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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
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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)
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