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SR-400-004-04 (6)~_ ~ c~cy or Santa Monica~ City Council Report City Council Meeting: May 25, 2006 Agenda Item: ~ ~ To: Mayor and City Council From: Marsha Jones Moutrie, City Attorney Subject: Ordinance Relating to Enforcement of Land Use Permit Conditions by Private Civil Actions Against Property Owners Recommended Action Staff recommends that the City Council introduce the attached ordinance for first reading. Executive Summary The City imposes conditions on land use permits to mitigate project impacts and protect quality of life. The attached ordinance, adding Section 1.08.040 to the Municipal Code, would expressly establish that any interested person may bring a civil action to compel compliance with any condition of a land use permit against the landowner or permittee. There are no financial impacts associated with adoption of the proposed ordinance. Discussion City residents who own beachfront property have complained that the proposed public beach facility at 415 Pacific Coast Highway will adversely impact their quality of life. Permit conditions have been formulated to address their concerns. Nonetheless, these 1 private property owners express concern that the City will not enforce the conditions. They have requested that private enforcement rights be conferred through a contract. In response to their request, staff proposes that all City residents and other interested persons be given the express right to bring civil actions to enforce permit conditions which protect their welfare. California law already recognizes the right of interested persons to initiate litigation to compel enforcement. Terminal Plaza Corp. v. City and County of San Francisco, et al., 186 Cal.App.3d 814 (1986). The proposed ordinance would make explicit the right to seek enforcement directly against a property owner. The remedy specified by the ordinance would not supplant any existing remedy but would instead clarify and expand enforcement rights. Moreover, it would create a uniform opportunity available to all persons, including private property owners at the beach. Alternatives As to the request of beachfront property owners, the Council could accede to their request for private rights of contract. However, this would set a precedent which, in fairness, should be applied for the benefit of all persons living near all public projects. Moreover, as a matter of law, creating private contractual rights to enforce particular conditions would impermissibly restrict the future exercise of the City's police power by effectively eliminating the power to modify conditions to address changing circumstances. 2 BudgetlFinancial Impact There are no financial impacts associated with the adoption of the proposed ordinance. Prepared by: Marsha Jones Moutrie, City Attorney Attachment: Proposed Ordinance 3 Approved: Forwarded to Council: f:\atty\muni\laws\mjm\permitenforce-1.doc City Council Meeting 5-25-06 Santa Monica, California ORDINANCE NUMBER (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 1.08.040 TO THE SANTA MONICA MUNICIPAL CODE RELATING TO ENFORCEMENT OF LAND USE PERMIT CONDITIONS BY PRIVATE CIVIL ACTIONS AGAINST PROPERTY OWNERS WHEREAS, the City consists of just eight square miles and has a population density of 11,200 persons per square mile; and WHEREAS, within the City varied land uses exist in close proximity; and WHEREAS, development projects within the City provide benefits and opportunities for residents, workers and visitors but also could have significant impacts upon neighborhoods and upon the quality of life in the City; and WHEREAS, to strike a proper balance between the benefits and burdens attendant upon development projects, the City imposes conditions on those projects which mitigate impacts and protect the qualify of life and the public welfare; and WHEREAS, enforcement of such permit conditions ensures that project impacts are, in fact, mitigated and that the qualify of life is preserved; and 1 WHEREAS, expanding and clarifying enforcement rights to explicitly include a private right of action available to all interested persons will serve the public interest by maximizing opportunities to effectuate permit conditions, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 1.08.040 is hereby added to the Santa Monica Municipal Code to read as follows: Section 1.08.040. Enforcement bv private civil action. Any interested person may enforce a condition of a City land use permit by means of a civil action against the property owner or permittee. In such an action, a violation of a permit condition may be enjoined by the court. The remedv provided in this Section is not exclusive and shall not ~reclude any person from seeking any other remedy or relief afforded by law. SECTION 2. 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, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 3. 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 2 court of 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 4. 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 30 days from its adoption. APPROVED AS TO FORM: !~ ~~ '~ ~1 ? J J~ ~~ i n ~ ~ ,~ ~ , -~° M HA JON MOUT E City Attorney -~' 3 ~~~ . . City Council Report ~ c~cy or Santa Monica~ City Council Meeting: May 25, 2006 Agenda Item: ~ ~ SUPPLEMENTAL STAFF REPORT To: Mayor and City Council From: Marsha Jones Moutrie, City Attorney Subject: Revised Proposed Ordinance Relating to Enforcement of Land Use Permit Conditions Since release of the agenda packet for tonight's meeting, City staff has received communications from the Chamber of Commerce and from the Palisades Beach Property Owners Association regarding the proposed ordinance relating to enforcement of land use permit conditions. Legal staff has evaluated those comments and prepared a revised proposed ordinance. It is attached for the Council's consideration. Prepared by: Marsha Jones Moutrie, City Attorney Attachments: Revised Proposed Ordinance f:\atty\mu n i\strpts\mjm\permitenforcesuppreport. doc 1 f:\atty\muni\laws\mjm\permitenforcerevised-1.doc City Council Meeting 5-25-06 Santa Monica, California ORDINANCE NUMBER (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 1.08.040 TO THE SANTA MONICA MUNICIPAL CODE RELATING TO ENFORCEMENT OF LAND USE PERMIT CONDITIONS BY PRIVATE CIVIL ACTIONS AGAINST PROPERTY OWNERS WHEREAS, the City consists of just eight square miles and has a population density of 11,200 persons per square mile; and WHEREAS, within the City varied land uses exist in close proximity; and WHEREAS, development projects within the City provide benefits and opportunities for residents, workers and visitors but also could have significant impacts upon neighborhoods and upon the quality of life in the City; and WHEREAS, to strike a proper balance between the benefits and burdens attendant upon development projects, the City imposes conditions on those projects which mitigate impacts and protect the qualify of life and the public welfare; and WHEREAS, enforcement of such permit conditions ensures that project impacts are, in fact, mitigated and that the qualify of life is preserved; and 1 WHEREAS, expanding and clarifying enforcement rights to explicitly include a private right of action available to all interested persons will serve the public interest by maximizing opportunities to effectuate permit conditions, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 1.08.040 is hereby added to the Santa Monica Municipal Code to read as follows: Section 1.08.040. Enforcement by private civil action. Anv interested person may enforce a condition of a City land use permit by means of a civil action against the property owner or permittee. In order to maintain such an action. the alaintiff must plead. show and qrove that: ~a) at least thirty (30) days prior to filinq suit, plaintiff provided written notice to the property owner or permittee and to the City of (1) the address of the subject real property, and (2) the permit condition that is being violated; (b) the property owner or permittee continues to violate the permit condition; 2 present, mandatorv dut~and therefore does not require interpretation. The remedy provided in this Section is not exclusive and shall not preclude any person from seekinq any,.other remedy or relief afforded by law. SECTION 2. 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, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 3. 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 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. 3 v 1,~') the condition to be enforced imposes a clear, ~ SECTION 4. 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 30 days from its adoption. APPROVED AS TO FORM: ; ~~a ~~ ~~ , . ~ _~ ~~~~ , , ! ~,~~. MA ' HA JOI~~ES MOUTRlE City Attorney ' ~ ~. 4