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SR-400-002-06 (9) --- . o/'t?tJ~ tJ(Jz-CJ' g'-A 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 - . . 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 - . ORDINANCE NO. 1 . . . 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 . . (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 . . . ORDINANCE NO. 2 . . 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 . . 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. - 4 - ORDINANCE NO. 3 . . (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 - 5 - ORDINANCE NO. 3 .. . . 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. - 6 - ORDINANCE !:\TO. 3 . . (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, - 7 - ORDINANCE NO. 3 . . 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 - 8 - ORDINANCE NO. 3 . ORDINANCE NO. 4 . . . 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. - 1 - ORDINANCE NO. 4 . . (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. 4 . . 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. - 3 - ORDINANCE NO. 4 . . (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. - 4 - ORDINANCE NO. 4 . . (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. - 5 - ORDINANCE NO. 4 . " . . (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 - 6 - ORDINANCE NO. 4 . .. . . 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. 4