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SR-400-002-06 (8) ~ . CA:RMM:lld167a/hpc City Council Meeting 9-8-87 <It?o~ooz-c! Santa Monica, STAFF REPORT TO: Mayor and city council FROM: City Attorney SUBJECT: Ordinance of the City council Limiting Development in the Ocean Park Area Pending Planning Studies ,-/ti. califcMl1a- 8 19&7 At its meeting on July 28, 1987, the city Council introduced for first reading an ordinance limiting development in now presented to the city council for adoption. the Ocean Park area pending planning studies. The ordinance is RECOMMENDATION It is respectfully recommended that the accompanying ordinance be adopted. PREPARED BY: Robert M. Myers, city Attorney Laurie Lieberman, Deputy City Attorney (,-k SEP - 8 1987 . . CA:RMM:lld167/hpc City council Meeting 9-8-87 Santa Monica, california ORDINANCE NUMBER 1416 (CCS) (city Council series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA LIMITING DEVELOPMENT IN THE OCEAN PARK AREA PENDING PLANNING STUDIES THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council finds and declares: (a) The Ocean Park area is a unique neighborhood with special characteristics attributable to its coastal location and historic architectural diversity. (b) There is continuing and increasing community concern about the loss of the unique and special character of the Ocean Park neighborhood due to new development and the existence of planning and zoning regulations which may no longer adequately promote the City's goals for the Ocean Park area. (c) Significant parking deficiencies in the Ocean Park area already exist as evidenced by the City Council's recent creation of several preferential parking zones in the area. (d) Increased development in the Ocean Park area is likely to exacerbate an already unacceptable level of parking problems. - 1 - . . (e) A number of properties in the Ocean Park area are under-developed in relation to the city's existing allowable height and density limits. (f) There is continuing and increasing concern ~egarding the capacity of the existing infrastructure in the Ocean Park area to support increases in densities. (g) There is continuing and increasing concern about the scarcity of affordable housing in the Ocean Park area. (h) There is continuing and increasing community concern that an increasing number of applications are and will continue to be filed for development projects within the Ocean Park area. (h) The City Council has directed the City I s Planning Division to undertake a comprehensive study of the Ocean Park area which may result in review and revision of the planning and zoning regulations that govern development in the Ocean Park area. (j) Pending completion of these studies by the Planning Division, it is necessary to establish an interim control measure that will preserve the existing character of the Ocean Park area and prevent any further aggravation of the parking and other infrastructure limitations. SECTION 2 . (a) Notwithstanding sections 2 or 4 of Ordinance Number 1321 (CCS), no development shall be approved pursuant to Ordinance Number 1321 (CCS), no conditional use permit shall be approved pursuant to Chapter 1 of Article IX of the Santa Monica Municipal Code, and no subdivision or parcel map shall be approved pursuant to Chapter 3 of Article IX of the - 2 - . . Santa Monica Municipal Code, for land in any residential district of Ocean Park, as defined in this Ordinance, unless one or more of the following findings are made: (1) The proj ect is located in the existing R2R District. (2) The project consists of one dwelling unit and does not exceed two stories and 27 feet in height. (3) The proj ect consists of a development of not more than four dwelling units, does not exceed two stories and 27 feet in height, and the project site does not consist of more than one lot. In addition, the project complies with one of the following requirements: (1) with regard to a project located in the R2, R3, or R4 District, the proj ect complies with existing R2 property development standards, except for building height, set forth in Chapter 1 of Article IX of the santa Monica Municipal Code. (ii) With regard to a residential project located in the area bounded by Highland Avenue on the west, Lincoln Boulevard on the east, Marine Place North on the north and the City boundary on the south, the project complies with existing R2R property development standards, except for building height, set forth in Chapter 1 of Article IX of the Santa Monica Municipal Code. (iii) with regard to a new project, other than a single family home, located on Hollister Court, pico Place, or Copeland Court, the project complies with review requirements set forth in Section 4 of Ordinance Number 1321 (CCS). - 3 - . . (4) The Planning commission, or city Council on appeal, may approve a development permit pursuant to Section 4 of Ordinance Number 1321 (CeS) for a project of five or more units if the following findings are made: (i) The project is not inconsistent with the findings set forth in Section 1 of this Ordinance. (ii) The project complies with R2 property development standards, except for building height, set forth in Chapter 1 of Article IX of the Santa Monica Municipal Code, except that a low- and moderate-income housing project shall not be subject to this subsection. A low- and moderate-income housing project shall be subject, instead, to the density standards set forth in the Land Use and Circulation Elements. A low- and moderate-income housing project is a project in which one hundred percent (100%) of the units are permanently affordable to a mix of persons of low and moderate incomes. (iii) The project does not exceed two stories and 27 feet in height. ( 5 ) The proj ect comb ines more than one lot and complies with the relevant property development standards specified in subsection 2(a) (3), except that such a project must have at least 2,000 square feet of parcel area for each dwelling unit. (6) The project conforms to any resolution of intention to change zoning in the Ocean Park adopted on or after the date of this Ordinance. (7) The application for a project was deemed complete by the City on or before July 28, 1987. - 4 - . . (i) An application shall 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 Planning Division rec~eives a substantially complete application together with all information, 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 Planning Division fails to advise the applicant in writing that his or her application is incomplete and to specify all addi tional information application application required to complete shall automatically be that application, the An deemed complete. is "substantially complete" if the missing information is supplied within two working days of the city's request. This Section is to be construed as mandatory and not declara tory with respect to the time wi thin which the City may act before an application is automatically deemed complete. (ii) If an application for a project has been deemed complete by the City on or before July 28, 1987, a subsequent application for a project of reduced scope on the same site, or a portion thereof, shall be deemed complete as of July 28, 1987. (iil) This Section shall not apply for purposes of deeming an application complete under the Permit streamlining Act. (8) The project is determined to have a hardship exemption pursuant to Section 3 hereof. - 5 - . . (b) In the R-3 and R-4 Districts, the roof may extend to a maximum of 35 feet if the roof pitch is 30% or more on at least two sides. (c) Nothing in this Ordinance shall authorize the_approval of any project contrary to any provision contained in Chapter I of Article IX of the Santa Monica Municipal Code. SECTION 3. HardshiD Exemption Process. (a) Any person claiming a hardship exemption from section 2 of this Ordinance must substantiate the claims in a proceeding under this section. In such a proceeding, the person seeking the hardship exemption shall have the burden of proof. (b) Claims of hardship shall be determined by the City Council. Claims shall be filed on a form approved by the City Attorney. The city Council shall, within thirty (30) days of the date of filing of a claim, hear and determine whether to grant or deny the claim. Decisions of the City Council shall be reviewable by writ of mandate, subject to the ninety (90) day time limitation set forth in Santa Monica Municipal Code Section 1400. (c) In order to obtain a hardship exemption, the claimant must show each of the following: (1) The claimant incurred substantial expenditures or liabilities, including expenditures for securing a removal or other permit, if any, from the Santa Monica Rent Control Board and for architectural drawings to develop a project consistent with city requirements in effect prior to the date of adoption of this Ordinance. - 6 - . . (2) The expenditures or liabilities were incurred prior to July 28, 1987. (3) In determining what constitutes substantial expenditures or liabilities, consideration should be given to the nature and significance of the work performed, the dollar costs of the expenditure, and the percentage of the total project costs represented by the expenditures and liabilities. Cd) An application for a hardship exemption under this Section shall be filed on or before November 1, 1987. SECTION 4. Whenever this Ordinance requires calculation of unit density which may result in fractions of whole numbers, such numbers are to be rounded to the nearest highest whole number when the fraction is .5 or more, and to the next lowest whole number when the fraction is less than .5. SECTION 5. For purposes of this Ordinance, Ocean Park consists of the area bounded on the north by Pico Boulevard, on the east by Lincoln Boulevard, on the south by the city boundary, and on the west by Ocean Avenue/Barnard Way, and Neilson Way south of Barnard Way. SECTION 6. 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 7. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid - 7 - . . or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining 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 any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 8. 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 publ ished once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: ~ "-"-. L----...,::--- ROBERT M. MYERS U City Attorney - 8 - . . Adopted and approved t' 8th day of September, 1987. --------- Mayor-- I hereby certify that t e foregoing Ordinance No. 1416(CCS) was duly and regularly introduced at a meeting of the Ci ty Council on the 11th day of August 1987; that the said Ordinance was thereafter duly adopted at a meeting of the City council on the 8th day of September 1987 by the following Council vote: Ayes: Councilmembers: Finkel, Jennings, J~. Katz, H. Katz, Reed, Zane and Mayor Conn Noes: councilmembers: None Abstain: councilmembers: None Absent: Councilmembers: None ATTEST: ~~ City Clerk