SR-400-002-06 (9)
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AUG 1 1 1981
CA:LL:11234/hpc
city council Meeting 8-11-87
Santa Monica, California
STAFF REPORT
TO: Mayor and City Council
FROM: City Attorney
SUBJECT: Ordinances Limiting Development in the Ocean Park
Area Pending Planning studies
At its meeting of July 28, 1987, the city council held a
public hearing on an ordinance limiting development in the Ocean
Park area. Following the July 28, 1987 public hearing, the City
council directed the City Attorney to prepare four ordinances for
consideration at the August II, 1987 meeting. These ordinances
represent different options for limiting development in the Ocean
Park area on an interim basis pending future planning studies.
Consistent with the motions adopted by the City council on July
28, 1987, the City Attorney's office has prepared four ordinances
which are now presented to the ci ty Council for its
r consideration.
ANALYSIS OF ORDINANCE OPTIONS
The following is a brief description of each of the proposed
ordinances:
Ordinance Number 1.
This ordinance represents the interim ordinance originally
considered by the City Council on July 28, 1987/ with several
- 1 -
f-A
AUG 11 1981
....
.
.
minor revisions.
The ordinance retains the "R-2000" concept as
embodied in the original ordinance with the following changes:
section l(g).
This section adds a finding regarding the
increasing concern about the availability of affordable housing
in the Ocean Park area.
Section 2 (a) (7). This section sets forth the process and
requirements for deeming an application complete.
It has been
amended to ensure that in the event that an application for a
scaled back version of a project which was already deemed
complete by the City prior to the July 28, 1987 deadline is
filed, it too shall be deemed to have been complete by July 28,
1987.
Section 4.
This section clarifies that unit density
calculations are to be rounded to the nearest higher whole number
when a fraction is .5 or more, and to the next lowest whole
number when a fraction is less than .5.
Ordinance Number 2.
This ordinance represents the recommendation of the Planning
commission.
It is identical to Ordinance Number 1 (IR-2000")
with respect to the findings, procedures and standards for
hardship exemption, and other procedural matters, set forth in
sections 1, 3, 4, 5, 6, 7, and 8. section 2 of this ordinance
differs from the R-2000 ordinance in the following respects:
1. This ordinance does not contain an exemption for land
vacant as of July 28, 1987.
2. This ordinance contains an exemption for proj ects on
parcels located west of Main Street. section 2(a) (1).
- 2 -
.
.
3. A project of four dwelling units or less must comply
with the 2 story, 27 foot height limit (Section 2(a) (3}) and must
meet one of the following requirements:
If a project is located in an existing R-2, R-3, or R-4
District, it must meet existing R-2 requirements with the
exception of the height limit. section 2(a) (3) (i).
If a proj ect is located in the area between Highland
Avenue on the west, Lincoln Boulevard on the east, Marine street
on the north and the city boundary on the south, it must meet R2R
requirements with the exception of the height limi t.
section
2(a) (3) (ii).
If a project is located on Hollister Court, pico Place,
or Copeland Court, it is subject to site review by the Planning
Commission. Section 2(a) (3) (iii).
4. Where the roof pitch is 30% or more on at least two
sides, this ordinance allows a roof to extend up to 35 feet in
the R-3 and R-4 Districts, but not in the R-2. section 2(b).
Ordinance Number 3.
This ordinance is identical to Ordinance Number 2 (IIPlanning
Commission") except that all property located in an existing R-2
District is subject to R-2000 standards.
This has been
accomplished as follows:
All existing R-2 development standards
apply to an existing R-2 parcel, except for the height limit
which would be 27 feet, and the parcel area per dwelling unit
requirement,
which would be
2000 square
feet.
Section
2 (a) (3) (iii) .
(The existing R-2 parcel area per dwelling unit
requirement is 1500 square feet, pursuant to the Land Use
Element. )
- 3 -
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.
Property located in existing R-3 or R-4 Districts would
have to comply with existing R-2 development standards except for
the height limit. section 2(a) (3) (i).
For projects with five units or more, R-2 development
standards apply with the exception of height limit and the lot
area per dwelling unit requirement of 2000 square feet per
dwelling unit. Section 2(a} (4) (ii).
Ordinance Number 4.
This ordinance is identical to the original interim
ordinance with two important exceptions.
First, there is no
exemption for land vacant as of July 28, 1987. Second, instead
of the R-2000 concept, this ordinance incorporates an R-l500
standard. In other words, it represents a blanket application of
existing R-2 development standards, with the exception of height
limit, to the entire designated Ocean Park area regardless of the
District in which a particular parcel is located. The applicable
height limit, as in the other ordinances, would be 2 stories, 27
feet. section 2{a) (2) and Section 2(a) (3) (ii).
The underlined portions in the attached ordinances represent
the substantive differences between these ordinances and the
original interim ordinance presented to the city council on July
28, 1987.
RECOMMENDATION
It is respectfully recommended that subsequent to the public
hearing, the City Council introduce one of the accompanying
ordinances for first reading.
Prepared by: Laurie Lieberman, Deputy City Attorney
Robert M. Myers, City Attorney
- 4 -
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ORDINANCE NO. 1
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CA:RMM:temp/hpc
city council Meeting 7-28-87
Santa Monica, California
ORDINANCE NUMBER
(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
FOLLmil'S:
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 -
ORDINANCE NO. 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 regarding
the capacity of the existing infrastructure in the Ocean Park
area to support increases in densities.
(9) There is continuin~ and increasin9 concern about the
scarcity of affordable housing in the Ocean Park area.
I
(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'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 -
ORDINANCE NO. 1
.
e
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 project consists of development on land
vacant as of July 28, 1987.
(2) The project consists of one dwelling unit and
does not exceed two stories and 27 feet in height.
(3) The project consists of a development of not
more than four dwelling units and does not exceed two stories and
27 feet in height. There shall be at least 2,000 square feet of
parcel area for each unit.
(4) The Planning commission, or City Council on
appeal, may approve a development permit pursuant to Section 4 of
Ordinance Number 1321 (CCS) 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 proj ect has at least 2,000 square
feet of parcel area for each dwelling unit, 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 existing lot area per dwelling unit
requirements set forth in Chapter 1 of Article IX of the Santa
Monica Municipal Code.
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.
- 3 -
ORDINANCE NO. 1
. .
(iii) The project does not exceed two stories
and 27 feet in height.
(5) The project is in the R2R District.
(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.
(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 receives 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 additional
information
required
to
complete
that
application,
the
application shall
automatically be deemed complete.
An
application
is
"substantially
complete II
if
the
missing
information is supplied within two working days of the City'S
request.
(ii) If an application for a project has been
deemed complete by the city on or before July 28, 1987 [ a
~ubse~ent afplication for a pro1ect of reduced sco~e on the same
Fite, or a portion thereof, shall be deemed complete as of JU~~
~8r 1987.
- 4 -
ORDINANCE NO. 1
.
(iii)
I
.
This section shall not apply for
purposes of deeming an application complete under the Permit
Streamlining Act.
I
(8) The project is determined to have a hardship
exemption pursuant to section 3 hereof.
(b) In the R-2, 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 1
of Article IX of the Santa Monica Municipal Code.
SECTION 3. Hardshi~ 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:
- 5 -
ORDINANCE NO. 1
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.
(1) The claimant incurred substantial expenditures
or liabilities.
(2) The expenditures or liabilities were incurred
prior to July 28, 1987.
(3) The expenditures or liabilities were incurred
for securing a removal or other permit, if any, from the Santa
Monica Rent Control Board and were incurred for archi tectural
working drawings to develop a project consistent with city
requirements in effect prior to the date of adoption of this
Ordinance.
(4) 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.
(d) An application for a hardship exemption under this
Section shall be filed on or before November 1, 1987.
SECTION 4. Whenever this Ordinance re~ires calculation of
pnit density which may result in fractions of whole numbers, such
numbers are to be rounded to the nearest hi'1hest whole number
when the fraction is .5 or more, and to the next lowest whole
.,
number when the fraction is less than .5.
I
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.
- 6 -
ORDINANCE NO. 1
.
.
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
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 published 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:
ROBERT M. MYERS
city Attorney
- 7 -
ORDINANCE NO. 1
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ORDINANCE NO. 2
.
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CA:RMM:lldl67/hpc
City Council Meeting 7-28-87
.
Santa Monica, California
ORDINANCE NUMBER
(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 -
ORDINANCE NO. 2
.
.
(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 regarding
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
scarcitr of affordable housin~ 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'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) 1 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 -
ORDINANCE NO. 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 ~roject consists of development on a parcel
located west of Main Street.
(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
~ore than four dwellin~ units and does not exceed two stories and
27 feet in heiqht. In addition, the project complies with one of
the followinq requirements:
(i) with regard to a project located in the
R2, R3, or R4 District, the proj ect complies with existing R2
propertr development standards, except for building hei~ht, set
forth in Chaoter 1 of Article IX of the Santa Monica Municipal
~.
~ii) with re~ard to a residential project
located in the area bounded by Highland Avenue on the west,
Lincoln Boulevard on the east, Marine street on the north and the
citf boundary on the south, the project complies with existin~
R2R property development standards, except for buildin~ hei~htr
set forth in Chapter 1 of Article IX of the Santa Monica
Municipal Code.
(iii) with regard to a project 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 -
ORDINANCE NO. 2
.
.
(4) The Planning Commission, or City Council on
appeal, may approve a development permit pursuant to section 4 of
Ordinance Number 1321 (CCS) 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
pousing project shall be subject, instead, to the existinq
property development standards applicable to the existing
,underlyin~ zonin~ designation for the project, except for
buildin9' hei~ht, set forth in Chapter 1 of Article IX of the
Santa Monica Municipal Code. 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 project conforms to any resolution of
intention to change zoning in the Ocean Park adopted on or after
the date of this Ordinance.
(6) The application for a project was deemed
complete by the City on or before July 28, 1987.
(i) An application shall be deemed complete
for purposes of this Ordinance wi thin fifteen (15) days for
- 4 -
ORDINAt'l'CE NO. 2
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.
subdivision maps and parcel maps, and thirty (30) days for all
other permits,
after the Planning
Division receives 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 additional
information
required
to
complete
that
application,
the
application
shall
automatically be deemed complete.
An
application
is
"substantially
complete"
if
the
missing
information is supplied wi thin two working days of the city I s
request.
(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.
(iii)
This section shall not apply for
purposes of deeming an application complete under the Permit
Streamlining Act.
( 7) The proj act is determined to have a hardship
exemption pursuant to Section 3 hereof.
(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.
- 5 -
ORDINANCE NO. 2
.
.
(c) Nothing in this Ordinance shall authorize the approval
of any project contrary to any provision contained in Chapter 1
of Article IX of the Santa Monica Municipal Code.
SECTION 3. Hardship 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.
(2) The expenditures or liabilities were incurred
prior to July 28, 1987.
(3) The expenditures or liabilities were incurred
for securing a removal or other permit, if any, from the Santa
Monica Rent Control Board and were incurred for architectural
working drawings to develop a project consistent with city
- 6 -
ORDINANCE NO. 2
.
.
requirements in effect prior to the date of adoption of this
Ordinance.
(4) 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.
(d) 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 -
ORDINANCE NO. 2
.
.
.
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 published 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:
ROBERT M. MYERS
city Attorney
- 8 -
ORDINANCE NO. 2
.
ORDINANCE NO. 3
.
.
CA:RMM:lld169/hpc
city council Meeting 7-28-87
.
Santa Monica, California
ORDINANCE NUMBER
(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 -
ORDINANCE NO. 3
.
.
(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 regarding
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'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 -
ORDINANCE NO. 3
.
.
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 project consists of development on a parcel
located west of Main Street.
(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 and does not exceed two stories and
27 feet in height. In addition, the project complies with one of
the following requirements:
(i) with regard to a project located in the R3
I
or R4 District r 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 street 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 re~ard to a pro~ect located in the
R2 District, with the exception of the area described in
subsection (ii) above, the project has at least 2,000 square feet
of parcel area per dwelling unit and otherwise complies with
existin~ R2 property development standards, except for building
- 3 -
ORDINANCE NO. 3
.
.
hei~ht, set forth in Chapter 1 of Article IX of the Santa Monica
Municipal Code.
(iv) with regard to a project located on
Hollister Court, pico Place, or Copeland Court, the project
complies with site review requirements set forth in Section 4 of
Ordinance Number 1321 (CCS).
(4) The Planning Commission, or City Council on
appeal, may approve a development permit pursuant to Section 4 of
Ordinance Number 1321 (CCS) 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 proj ect has at least
2,000 square
~
feet of parcel area for each dwelling unit and otherwise complies
with R2 property development standards, except for buildin~
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
existing property development standards applicable to the
existing underlying zoning designation for the proj ect, except
for building height, set forth in Chapter 1 of Article IX of the
Santa Monica Municipal Code. A low- and moderate-income housing
project is a project in which one hundred percent (lOO%) 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.
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ORDINANCE NO. 3
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(5) The project conforms to any resolution of
intention to change zoning in the Ocean Park adopted on or after
the date of this ordinance.
(6) The application for a project was deemed
complete by the City on or before July 28, 1987.
(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
receives 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 additional
information
required
to
complete
that
application,
the
application shall
automatically be deemed complete.
An
application
is
"substantially
complete"
if
the
missing
information is supplied within two working days of the City r s
request.
(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.
(iii) If an application for a project requires
a removal permit from the Rent Control Board prior to filing,
where an application for a removal permit was deemed complete by
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ORDINANCE NO. 3
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the Rent Control Board on or before July 28, 1987, the subsequent
filing of the project application shall be deemed complete by the
city as of July 28, 1987.
(iv) This section shall not apply for purposes
of deeming an application complete under the Permit Streamlining
Act.
(7) The proj ect is determined to have a hardship
exemption pursuant to Section 3 hereof.
(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 1
of Article IX of the Santa Monica Municipal Code.
SECTION 3. Hardship 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.
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ORDINANCE !:\TO. 3
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(c) In order to obtain a hardship exemption, the claimant
must show each of the following:
(1) The claimant incurred substantial expenditures
or liabilities.
(2) The expenditures or liabilities were incurred
prior to July 28, 1987.
(3) The expenditures or liabilities were incurred
for securing a removal or other permit, if any, from the Santa
Monica Rent Control Board and were incurred for architectural
working drawings to develop a project consistent with City
requirements in effect prior to the date of adoption of this
Ordinance.
(4) 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.
(d) 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 pica Boulevard, on
the east by Lincoln Boulevard, on the south by the City boundary,
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ORDINANCE NO. 3
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.
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
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 published 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:
ROBERT M. MYERS
City Attorney
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ORDINANCE NO. 3
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ORDINANCE NO. 4
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CA:RMM:lld165/hpc
City Council Meeting 7-28-87
Santa Monica, California
ORDINANCE NUMBER
(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 I 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.
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ORDINANCE NO. 4
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.
(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 regarding
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'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
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ORDINANCE NO. 4
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.
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 project consists of one dwelling unit and
does not exceed two stories and 27 feet in height.
(2) The proj ect consists of a development of not
more than four dwelling units and does not exceed two stories and
27 feet in height. There shall be at least 1,500 s~are feet of
parcel area for each unit.
(3) The Planning Commission, or City Council on
appeal, may approve a development permit pursuant to Section 4 of
Ordinance Number 1321 (CCS) 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 has at least 1,500 square
feet of ~arce1 area for each dwel1in~ unit, 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 existing lot area per dwelling unit
requirements set forth in Chapter 1 of Article IX of the Santa
Monica Municipal Code.
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.
(4) The project is in the R2R District.
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ORDINANCE NO. 4
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.
(5) The project conforms to any resolution of
intention to change zoning in the Ocean Park adopted on or after
the date of this Ordinance.
(6) The application for a project was deemed
complete by the City on or before July 28, 1987.
(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 receives
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
required
to
complete
that
application,
the
application shall
automatically be deemed complete.
An
application
is
"substantially
completell
if
the
missing
information is supplied within two working days of the city I 5
request.
(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.
(iii)
This Section shall not apply for
purposes of deeming an application complete under the Permit
Streamlining Act.
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ORDINANCE NO. 4
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.
(7) The project is determined to have a hardship
exemption pursuant to section 3 hereof.
(b) In the R-2, 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 1
of Article IX of the Santa Monica Municipal Code.
SECTION 3. Hardship 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.
(2) The expenditures or liabilities were incurred
prior to July 28, 1987.
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ORDINANCE NO. 4
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.
.
(3) The expenditures or liabilities were incurred
for securing a removal or other permit, if any, from the Santa
Monica Rent Control Board and were incurred for archi tectural
working drawings to develop a project consistent with City
requirements in effect prior to the date of adoption of this
ordinance.
(4) 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.
(d) 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 Pica 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
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ORDINANCE NO. 4
. ..
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.
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
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 published 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:
ROBERT M. MYERS
City Attorney
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ORDINANCE NO. 4