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SR-400-004-06 (3) . . ~R~ ~I '1c/) "Oo~ '-06 CA:RMM:rmd1240/hpca1/pc city Council Meeting 4-9-91 Santa Monica, California STAFF REPORT TO: Mayor and City Council FROM: City Attorney SUBJECT: Resolution Initiating a Text Amendment of the Zoning Ordinance to Establish a Citywide Construction Rate Program At its meeting on January 29, 1991, the City Council directed the city Attorney to prepare an ordinance establishing a citywide construction rate program. In response to this direction, the accompanying resolution of intention has been prepared to commence the process of amending the Zoning Ordinance to establish a Citywide construction rate program. The text of the proposal is identical to the construction rate program established in the North of Wilshire Overlay District (Municipal Code Section 9039A.7). RECOMMENDATION It is respectfully recommended that the accompanying resolution be adopted. PREPARED BY: Robert M. Myers, City Attorney ~-J APR 9 1991 . . .lflrs it amended? BEFORE DISTRIBUTION CHECK CONTENT,RF DISTRIBUTION OF RESOLUTI0N IJ~~~ ~ Council Meeting Date ~~/~/ ~ ~./ ." . (;-J YE .5 b---/ ALL FOR CITY CLERK'S ACTION ORDINANCE # Introduced: Agenda Item I Adopted: ALWAYS PUBLISH ADOPTED QRDINANCES Cross out Attorney's approval VOTE: Affirmative: Negative: Abstain: Absent: r-- c- .(.. -;t;" / I PROOF VOTES WITH ANOTHER/PERSON BEFORE ANYTHING DISTRIBUTION: ORIGINAL to he signed, sealed and filed in Vault. t NEWSPAPER PUBLICATION (Date: ) D~partment originating staff report( Laurie L1eberman) Ordinances only for Attorney ( C1aud1a Thompson) Management Services Lynne Barrette ORDINANCES ON~Y Agency mentioned in document or staff report (certif1ed?) 2 1 Subject file (agenda packet) 1 Counter file 1 . \ Others: (Review for departments who need to know) . Airport Par~ing Auth. Auditorium Pe~sonpel Building Dept. Plan~in9 r C!ED Po~ice Finance purchasing General Servo Recr!Parks Library Manager Fire Transportation Treasurer SEND FOUR COPIES OF ALL ORDINANCES TO: CODED SYSTEMS 120 Main Street Avon, New Jersey 07717 4 SEND FOUR COPIES OF ALL ORDINANCES TO: 4 . Debra Myrick Santa Monica Municipal Court 1725 Main Street, Room 118 Santa Monica, CA 90401 Total Copies --?' :..,. . . ~~, ""L ~.. " CA:RMM:rmd1241/hpcal/pc City Council Meeting 4-9-91 Santa Monica, California RESOLUTION NUMBER 8208(CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA INITIATING A TEXT AMENDMENT OF THE ZONING ORDINANCE TO ESTABLISH A CITYWIDE CONSTRUCTION RATE PROGRAM WHEREAS, Municipal Code section 9120.2 provides that a text amendment of the Zoning Ordinance may be initiated by a resolution of intention of the City Council directing the Planning Commission to initiate an amendment; and WHEREAS, the City Council desires to initiate a text amendment of the Zoning Ordinance to establish a citywide construction rate program, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. Pursuant to Municipal Code Section 9120.2, the City council directs the Planning Commission to initiate an amendment of the Zoning Ordinance to add Section 9040.42 to the Santa Monica Municipal Code to read as follows: SECTION 9040.42. Construction Rate proqram. (a) For proj ects of two or more dwelling units in any residential district, one construction project shall - 1 - . cW)I'..-~ '( be allowed per block, or within 300 linear feet in the north and south direction of a project. This restriction shall apply for eight months after issuance of a building permit, after which time another project may begin construction in the def ined area. For purposes of this Section, a block is defined as parcels on both sides of the street in the same block face, and includes adjacent parcels separated by a street or alley. (b) Building permits shall be provided on a first come first served basis in accordance with the terms of this section. No application for a building permit shall be accepted for filing or otherwise processed by the Building and Safety Division unless the applicant provides documentation on forms provided by the City that the project has received all other City approvals or permits necessary to commence the project, with the exception of building and sewer allocation permits. (e) During the plan-check process, the Building and Safety Division shall determine the status of other building - 2 - ,lr .(' . . permits for projects in the area. A building permit shall be issued only when the Building Officer determines that a building permit has not been issued in the previous eight months for any other project on the same block or within 300 linear feet to the north or south of the project. (d) If the Building Officer determines that another building permit has been issued less than eight months prior to the date on which the building permit has received all plan-cheek approvals, the Building Officer shall place the proj ect on a waiting list in order of the date and time of day that the permit application received all plan-check approvals. The life of other ci ty approvals or permits necessary to commence the project shall be automatically extended by the amount of time that a project remains on the waiting list. The Building Officer shall approve the proj ect in accordance with the Uniform Technical Code in effect at the time of the plan check. - 3 - . ...~E.>( ,f/ { (e) be exempt program: The following projects shall from the construction rate (1) Affordable housing projects in which 100 percent (100%) of the units are deed restricted for very low, low, middle, and/or moderate income housing. (2) Community care facilities as defined in section 9000.3 of the Santa Monica Municipal Code. (3) structures identified by the Building and Safety Division as unreinforced masonry construction and subject to upgrading. City-mandated seismic (4) Residential units in all commercial zones. (f) within two years after the effective date of this Section, the Planning Commission shall prepare a report to the city Council on the operation of this section. - 4 - . .-.r J <f-...C".. .L" ./ '$ SECTION 2. The city Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ~ ;;;R~ ~ City Attorney - 5 - . . CA:RMM:rmd1241/hpcal/pc City council Meeting 4-9-91 Santa Monica, California RESOLUTION NUMBER B20B (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA INITIATING A TEXT AMENDMENT OF THE ZONING ORDINANCE TO ESTABLISH A CITYWIDE CONSTRUCTION RATE PROGRAM WHEREAS, Municipal Code section 9120.2 provides that a text amendment of the Zoning Ordlnance may be initiated by a resolut1on of intention of the City council directing the Planning Commission to initiate an amendment; and WHEREAS, the City Councll des1res to initiate a text amendment of the Zoning Ordinance to establish a Citywide construction rate program, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. Pursuant to Municipal Code section 9120.2, the City Council dlrects the Plannlng Commission to in1tiate an amendment of the Zoning Ordinance to add section 9040.42 to the Santa Monica Municipal Code to read as follows: SECTION 9040.42. Construction Rate Program. (a) For proj ects of two or more dwelling units in any residential district, one construction project shall - 1 - . . be allowed per block, or within 300 linear feet ln the north and south direction of a project if the project is on a north-south street, or wlthin 300 linear feet in the west and east direction of a project if the project is on a west-east street. This restriction shall apply issuance of which time construction for eight months a bUllding permit, another project may ln the def ined area. after after begin For purposes of this Section, a block is defined as parcels on both sides of the street in the same block face, and includes adjacent parcels separated by a street or alley. (b) Building permits shall be provided on a first come first served basis in accordance with the terms of this Section. No applicatlon for a building permit shall be accepted for filing or otherwise processed by the Building and Safety Division unless the applicant provides documentation on forms provided by the City that the project has received all other City approvals or permits necessary to commence the - 2 - . . project, with the exception of building and sewer allocation permits. (c) During the plan-check process, the Building and Safety Division shall determine the status of other building permits for projects in the area. A building permit shall be issued only when the Building Officer determines that a building permit has not been issued in the previous eight months for any other project on the same block or within 300 linear feet to the north or south of the project. (d) If the Building Officer determines that another building permit has been issued less than eight months prior to the date on which the building permit has received all plan-check approvals, the Building Officer shall place the project on a waiting list in order of the date and time of day that the permit application received all plan-cheek approvals. The life of other ci ty approvals or permits necessary to commence the project shall be automatically extended by the amount of time that a project remains on the waiting list. The Building Officer shall - 3 - . . approve the proj ect in accordance with the Uniform Technical Code in effect at the time of the plan check. (e) The following projects shall be exempt from the construction rate program: (1) Affordable housing proj ects in which 100 percent (100%) of the units are deed restricted for very low, low, middle, and/or moderate income housing. (2) Community care facilities as defined in section 9000.3 of the santa Monica Municipal Code. (3) structures identified by the Building and Safety Division as unreinforced subject to upgrading. masonry construction and city-mandated seismic (4) Residential units in all commercial zones. (f) Within two years after the effective date of this section, the Planning Commission shall prepare a report to the City Council on the operation of this Section. - 4 - . . SECTION 2. The city Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ~~t~ ROBERT M. MYERS City Attorney - 5 - . . Adopted and approved this 9th day of April, 1991. 9 ~ Mayor I hereby certify that the foregoing Resolution No. 8208(CCS) was duly adopted by the City council of the City of Santa Monica at a meeting thereof held on April 9, 1991 by the following Council vote: Ayes: Councilmembers: Genser, Holbrook, Olsen, Vazquez, Zane, Mayor Al::Ido Noes: councilmembers: None Abstain: councilmembers: None Absent: councilmembers: Katz ATTEST: ~.. /~ r'Vh;-u C~ - r City Cler~ .