SR-400-004-06 (4)
Council Mtg: September 24, 2002 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Ordinance for Introduction and First Reading to Establish a Construction
Rate Program for Multi-Family Development in all Multi-Family Zoning
Districts and Add a Design Compatibility Permit Requirement for
Condominiums and Other Forms of Multi-Family Unit Ownership.
INTRODUCTION
This report recommends that the City Council introduce for first reading an ordinance to
codify the Construction Rate Program for multi-family development in all multi-family
residential districts and the Design Compatibility Permit requirement for the development
of condominiums and other multi-family ownership housing. The current interim ordinance
which established these requirements will expire on November 11, 2002. The proposed
ordinance is contained in Attachment A.
BACKGROUND
The City Council adopted Ordinance No. 1966 (CCS) on March 7, 2000. It established a
citywide construction rate program in multi-family residential districts and created a new
Design Compatibility Permit for condominium development. This interim ordinance also
served to implement two programs included in the 1998-2003 Housing Element Update:
Program 1.a. requiring the elimination of the Conditional Use Permit (CUP) requirement for
condominiums and the evaluation of other procedures which could achieve an appropriate
level of design review, and Program 7.f. requiring the monitoring of the rate of
development activity in multifamily residential districts, and the consideration of enacting
measures such as a construction rate program if the rate or pattern of development was
found to negatively affect the quality of life or character of the neighborhood.
The City Council extended Ordinance No. 1966 (CCS) for eighteen months by adopting
Ordinance No. 1969 (CCS) on April 11, 2000 to provide staff with time necessary to
complete the process required for implementing a permanent ordinance. On or about May
17, 2000, a lawsuit was filed against the City challenging the construction rate program.
The petitioners’ principal contention was that the City failed to comply with the California
Environmental Quality Act (“CEQA”) prior to adopting the construction rate program. In the
interest of resolving the dispute and to codify current administrative practice, the City
Council adopted Ordinance No. 1984 (CCS) on August 1, 2000, making minor
modifications and clarifications to the construction rate program. The ordinance was
further extended by the City Council through Ordinance No. 2022 (CCS) on October 9,
2001 and will expire on November 11, 2002.
Planning Commission Action
At the Planning Commission meeting of August 21, 2002, the Commission adopted a
Resolution of Intention declaring its intention to recommend amendment of the Zoning
Ordinance to incorporate the provisions of Ordinance No. 2022 (CCS) relative to the
Construction Rate Program and Design Compatibility Permit requirements. At the
Commission meeting of September 4, 2002, the Commission voted to recommend the
proposed Zoning Ordinance text amendments to the Council for adoption.
The Planning Commission also discussed extending the construction rate program to all
commercially zoned properties in the city. The Commission noted the amount of
residential development in commercial areas, particularly in the downtown area of the
city. There was also a discussion regarding extending the design compatibility permit to
include apartments and not just ownership units as currently contained within the
ordinance. If the City were to change this requirement to include all multi-family dwellings,
amendment of the Housing Element would be required. The Commission recommended
that the City Council consider these issues for future study.
DISCUSSION
Construction Rate Program
The proposed ordinance would not change the provisions of the existing construction rate
program. The current construction rate program allows only one construction project, or
substantial remodel project, within a five hundred-foot radius of another construction
project subject to this program. This restriction applies for fifteen months after issuance of
a building permit, after which time another project may begin construction in the defined
area. This program applies to projects involving two or more units in multi-family districts.
It also excludes certain types of projects including projects that will be developed on sites
containing structures that are uninhabitable and which cannot be rendered habitable in an
economically feasible manner. The construction rate program applies to applications
deemed complete on or after March 7, 2000. In addition, the North of Wilshire
construction rate program would be repealed and residentially zoned districts throughout
the entire city would be subject to the construction rate program.
Design Compatibility Permit
The Design Compatibility Permit requirements currently in place would also remain
unchanged. All new or converted residential and commercial condominiums, community
apartment projects, stock cooperatives, and cooperative apartments for which a
development application was deemed complete on or after March 7, 2000 must obtain a
Design Compatibility Permit which is acted upon by the Planning Commission or City
Council on appeal. This requirement establishes an appropriate level of design review so
as to ensure that the physical development is compatible with, and relates harmoniously
to, the surrounding neighborhood. Specifically, the Design Compatibility Permit controls
the design and site layout to ensure compatibility to the surrounding neighborhood context.
CEQA
The proposed interim ordinance extension is exempt from CEQA pursuant to CEQA
Guidelines Section 15061(b)(3). Section 15061(b)(3) provides that CEQA only applies to
those projects that have the potential for causing a significant effect on the environment.
Incorporating the provisions of the Construction Rate Program and Design Compatibility
Permit process into the Zoning Ordinance is environmentally beneficial as it will ensure
neighborhoods are protected from construction related impacts by limiting the number of
projects in close proximity to each other through regulating the timing and distribution of
construction projects through the building permit process. Additionally, the proposed text
amendments ensure protection of neighborhood aesthetics and pedestrian orientation by
establishing a Design Compatibility Permit process that requires that new condominium
development is compatible with and relates harmoniously to the surrounding sites and
neighborhoods.
PUBLIC NOTICE
A legal advertisement was published in the “California” section of the Los Angeles Times
newspaper at least ten consecutive calendar days prior to the hearing. A copy of the
notice is contained in Attachment B.
BUDGET/FISCAL IMPACT
The recommendation presented in this report has no budget or financial impact.
CONCLUSION
The need for the proposed ordinance remains the same as when Ordinance No. 1966
(CCS) was originally adopted. Incorporating the provisions of the interim ordinance into
the Zoning Ordinance is necessary in order to avert the negative impacts of construction,
such as traffic circulation and noise. The Construction Rate Program minimizes the
disruptive effects of construction on residential neighborhoods by limiting the number of
projects in close proximity to each other that can be constructed at any one time.
Additionally, the ordinance is necessary to ensure the protection of neighborhood
aesthetics and pedestrian enjoyment through the Design Compatibility Permit process,
which requires that physical development is compatible with and relates harmoniously to
the surrounding sites and neighborhoods.
RECOMMENDATION
Staff recommends that the Council introduce the attached ordinance for first reading.
Prepared by: Suzanne Frick, Director
Jay Trevino, AICP, Planning Manager
Amanda Schachter, Principal Planner
Paul Foley, Senior Planner
Patrick Clarke, Associate Planner
Planning and Community Development Department
Attachment: A: Proposed Ordinance
B. Public Notice
ATTACHMENT A
Proposed Ordinance
f:\atty\muni\laws\barry\construction rate dcp-1.doc
City Council Meeting 09-24-02 Santa Monica, California
ORDINANCE NUMBER _____ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ADDING SECTION9.04.10.02.450 AND PART 9.04.20.15 TO THE SANTA
MONICA MUNICIPAL CODE AND DELETING SECTION 9.04.08.56.070 OF THE
SANTA MONICA MUNICIPAL CODE TO ESTABLISH A CONSTRUCTION RATE
PROGRAM FOR MULTI-FAMILY DEVELOPMENT IN ALL MULTIFAMILY
RESIDENTIAL DISTRICTS AND A DESIGN COMPATIBILITY PERMIT
REQUIREMENT FOR THE DEVELOPMENT OF CONDOMINIUMS AND OTHER
MULTI-FAMILY OWNERSHIP HOUSING
WHEREAS, the 1998-2003 Housing Element Update Program 7.f required that the
City monitor the rate of development activity in multi-family residential districts so as
to ensure that rapid development did not jeopardize the character of the
neighborhoods and negatively impact the quality of life; and
WHEREAS, this program further provided that if the rate or pattern of development
appeared to negatively affect the quality of life or character of neighborhoods, the
City Council should consider enacting a construction rate program; and
WHEREAS, the City began to experience a significant increase in the level of multi-
family development activity in the City’s multi-family residential districts in the late
1990’s; and
WHEREAS, monitoring the rate of development activity in multi-family residential
districts revealed that the rate of development in 1999 (16 projects) represented a
246% increase over the rate in 1998/1997 (6 and 7 projects respectively) and a
533% increase over the rate in 1996 (3 projects) and the rate of development in
2000 surpassed the development rate of 1999 with 18 projects obtaining building
permits; and
WHEREAS, the City itself is extremely dense with a land area of just eight square
miles, a population of approximately 85,000 people, and just over a third of the City
zoned multi-family residential; and
WHEREAS, this substantial increase in the rate of multi-family development activity
negatively affected the quality of life or character of neighborhoods
WHEREAS, it was not simply the rate of development that threatened the City’s
character and quality of life, but the lack of compatibility of new condominium
developments negatively impacted the context of existing neighborhoods including
the character and scale of existing residences; and
WHEREAS, the City’s Zoning Ordinance currently requires approval of a
Conditional Use Permit ("CUP") for the development of condominiums, which is
intended to allow the establishment of those uses which have some special impact
or uniqueness such that their effect on the surrounding environment cannot be
determined in advance of the proposed use and its particular location; and
WHEREAS, in conjunction with the preparation of the 1998-2003 Housing
Element Update, the City determined that it should eliminate the requirement
that condominium projects obtain a CUP since it is generally not the
condominium use that is at issue in the City's review of residential condominium
applications; instead, the City determined it should evaluate other procedures
which would achieve an appropriate level of design review so as to ensure that
the physical development is compatible with and relates harmoniously to the
surrounding sites and neighborhoods; and
WHEREAS, the 1998-2003 Housing Element Update Program 1.a
required the elimination of the Conditional Use Permit (CUP) requirement for
condominiums and the evaluation of other procedures which could achieve an
appropriate level of design review; and
WHEREAS, in light of this policy and to ensure that condominium
development does not threaten the existing character and scale of the City's
neighborhoods, the City determined that it should replace the conditional use
permit requirement for condominium projects with a design compatibility permit;
and
WHEREAS, the City Council adopted Ordinance Number 1966 (CCS) on March 7,
2000 which established a construction rate program, established a design
compatibility permit and required a design compatibility permit for condominium
development; on April 11, 2000, the City Council adopted Ordinance Number 1969
(CCS) extending Ordinance Number 1966 (CCS) for eighteen months; on August 1,
2000, the City Council adopted Ordinance Number 1984 (CCS) extending
Ordinance Number 1966 (CCS) until November 11, 2001; and on October 9, 2001
the City Council adopted Ordinance Number 2022 (CCS) extending Ordinance
1966 (CCS) until November 11, 2002; and
WHEREAS, the City Council found and declared that the public health, safety and
general welfare required the adoption and extension of Ordinance 1966 (CCS)
through the adoption of Ordinance 1969 (CCS), Ordinance Number 1984 (CCS)
and Ordinance Number 2022 (CCS) to avert the negative impacts of construction
such as traffic circulation, noise, neighborhood aesthetics and pedestrian
enjoyment of City streets, to minimize the disruptive effects of the construction
process on the neighborhood by limiting the number of projects in close proximity to
each other which can be constructed at any one time through regulating both the
timing and distribution of construction projects through the building permit approval
process, and to establish a design compatibility review process for condominiums to
ensure that the physical development is compatible with and relates harmoniously
to the surrounding sites and neighborhoods; and
WHEREAS, these interim ordinances have been very successful in minimizing the
disruptive effects of the construction process and ensuring that new development is
compatible with the surrounding sites and neighborhoods; and
WHEREAS, the significant rate of multi-family development activity continues in the
City's multi-family residential districts with 10 building permits issued for multi-family
developments in 2001 and 9 building permits issued so far in 2002, and
consequently, the construction rate program and the design compatibility permit
remains vital to the quality of life in the City’s neighborhoods; and
WHEREAS, in preparing its 2000-2005 Housing Element, the City contracted with
the policy, financial, and management consulting firm of Hamilton, Rabinovitz &
Alschuler (“HR&A”); and
WHEREAS, HR&A undertook an extensive review and analysis of numerous
governmental programs to assess whether these programs operated as a constraint
on housing development within the meaning of State Housing Element Law; and
WHEREAS, as part of this review and analysis, HR&A specifically assessed
whether the Construction Rate Program or the Design Compatibility Permit
requirement would operate as governmental constraints and concluded that neither
programs operated as a constraint on housing development; and
WHEREAS, the concerns which motivated the City Council to adopt and extend
these interim ordinances remain; and
WHEREAS, for these reasons, the City's Comprehensive Land Use and Zoning
Ordinance should be revised to regulate the rate of construction to avert the
negative impacts of construction on traffic circulation, noise, neighborhood
aesthetics and pedestrian enjoyment of City streets and to ensure that development
is consistent with the public health, safety and welfare and is compatible with and
relates harmoniously to the surrounding sites and neighborhood; and
WHEREAS, on August 21, 2002, the Planning Commission conducted a public
hearing to adopt a Resolution of Intention which stated the Commission’s intention
to modify the Zoning Code to establish a Construction Rate Program and a Design
Compatibility Permit; and
WHEREAS, on September 4, 2002, the Planning Commission held a public hearing
on these proposed zoning text amendments; and
WHEREAS, the Planning Commission forwarded a recommendation to the City
Council to adopt Zoning Code amendments to establish the proposed Construction
Rate Program and Design Compatibility Permit; and
WHEREAS, the City Council held a public hearing on the proposed Zoning
Ordinance Text Amendments on September 24, 2002; and
WHEREAS, the proposed amendments are consistent in principle with the goals,
objectives, policies, land uses, and programs specified in the adopted General
Plan, specifically, the 2000-2005 Housing Element Policy 1.3 which states establish
and maintain development standards that support development while protecting
quality of life goals and Policy 1.7 which states that the City should maintain
development standards that ensure that the development of new housing in
residential neighborhoods is designed to fit within the existing neighborhood
context; and
WHEREAS, the public health, safety, and general welfare require the adoption of
the proposed amendment to ensure the protection of neighborhood aesthetics and
pedestrian enjoyment through the Design Compatibility process, which requires that
physical development is compatible with and relates harmoniously to the
surrounding sites and neighborhoods and to avert the negative impacts of
construction, such as traffic circulation, noise, neighborhood aesthetics and
pedestrian enjoyment of City streets through a construction rate program which
minimizes the disruptive effects of construction on residential neighborhoods by
limiting the number of projects in close proximity to each other that can be
constructed at any one time,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 9.04.10.02.450 is hereby added to the Santa Monica Municipal
Code to read as follows:
Construction rate program.
9.04.10.02.450
(a) For projects involving the new construction or substantial remodel
of two or more dwelling units in all multi-family residential districts in the City
for which a development application was deemed complete on or after March
7, 2000, only one such construction project shall be allowed within a five
hundred foot radius of another construction project subject to this Section.
Except as provided in subsection (c) of this Section, this restriction shall
apply for fifteen months after issuance of a building permit, after which time
another project may begin construction in the defined area. The multi-family
residential districts in the City are: R2R, R2, R3, R4, RVC, RMH, OP-Duplex,
OP2, OP3, OP4, NW-Overlay, BR Boulevard Residential R3 Overlay, R2B,
and R3R.
(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 or state
approvals or permits necessary to commence the 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 not be issued when the Building Officer
determines that a building permit has been issued in the previous fifteen
months for any other project within a five hundred foot radius of the subject
property unless the owner of the previously permitted project has formally
relinquished the building permit for that project or obtained a certificate of
occupancy for the project .
(d) If the Building Officer determines that another building permit
has been issued less than fifteen months prior to the date on which the
building permit has received all plan-check approvals and the exceptions
specified in subsections (c) and (e) do not apply, 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-check approvals. The life of other City
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 project in accordance with
the Uniform Technical Code in effect at the time of the plan check.
(e) The following projects shall be exempt from this Section:
(1) Affordable housing projects in which one hundred
percent of the units will be deed restricted for very low, low, middle, and/or
moderate income housing.
(2) Structures identified by the Building and Safety Division
as unreinforced masonry construction and subject to City-mandated seismic
upgrading.
(3) Projects to be developed on a site that is vacant.
(4) Projects to be developed on a site in which either: (a)
the structures on the site are uninhabitable, not as a result of the owner's
failure to maintain the structure, or the property of which the structure is a
part, in good repair, and the structures cannot be rendered habitable in an
economically feasible manner or (b) the current use of the property is not
otherwise economically viable. The City shall prepare an exemption
application form which delineates all submission requirements. An owner
shall not be required to file a project application with the exemption
application. City staff shall make a final determination whether a project
meets the requirements of this subdivision (4) within ninety (90) days after
the owners exemption application for the project is deemed complete.
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(f) The Planning and Community Development Department may
develop administrative guidelines implementing this Section.
SECTION 2. Santa Monica Municipal Code Section 9.04.16.01.020 is hereby
amended to read as follows:
9.04.16.01.020 Applicability
.
All new or converted residential and commercial condominiums,
community apartment projects, stock cooperatives, and cooperative
apartments for which a development application was deemed complete on
or after March 7, 2000 shall require approval of a Design Compatibility
Permit Conditional Use Permit, in addition to compliance with Santa
Monica Municipal Code Section 9.04.16.01.030 establishing additional
minimum requirements for condominiums and any and all requirements of
Chapter 9.20 of this Article for preparation, review, and approval of a
Subdivision Map.
SECTION 3. Part 9.04.20.15 is hereby added to the Santa Monica
Municipal Code to read as follows:
Part 9.04.20.15 Design Compatibility Permit
Purpose
9.04.20.15.010 .
A Design Compatibility Permit is intended to allow the construction of
condominiums and other multi-family ownership housing to ensure the
design and siting of the projects do not result in an adverse impact on the
surrounding neighborhood. The permit allows for:
(1) Review of the location, size, massing, and placement of the
proposed structure on the site and in relation to the surrounding
neighborhood;
(2) Review of the location of proposed amenities within the project.
(3) An evaluation of the project with regard to fixed and
established standards.
Application.
9.04.20.15.020
An application for a Design Compatibility Permit shall be filed in a
manner consistent with the requirements contained in Santa Monica
Municipal Code Part 9.04.20.20, Sections 9.04.20.20.010 through
9.04.20.20.080.
Hearing and Notice
9.04.20.15.030 .
Upon receipt in proper form of a Design Compatibility Permit
application, a public hearing before the Planning Commission shall be set
and notice of such hearing given in a manner consistent with Santa
Monica Municipal Code Part 9.04.20.22, Sections 9.04.20.22.010 through
9.04.20.22.140.
Findings.
9.04.20.15.040
Following a public hearing, the Zoning Administrator shall prepare a
written decision which shall contain the Planning Commission's findings of
fact upon which such decision is based. The Commission, or City Council on
appeal, shall approve or conditionally approve a Design Compatibility Permit
application in whole or in part if all of the following findings of fact can be
made in an affirmative manner:
(1) The physical location, size, massing, and placement of
proposed structures on the site and the location of proposed amenities
within the project are compatible with and relate harmoniously to surrounding
sites and neighborhoods.
(2) The physical location, size, massing, placement of proposed
structures on the site, and parking access and the location of proposed
amenities within the project would not be detrimental to the public interest,
health, safety, convenience, or general welfare.
(3) The rights-of-way can accommodate autos and pedestrians,
including adequate parking and access.
(4) The health and safety services (police, fire etc.) and public
infrastructure (e.g., utilities) are sufficient to accommodate the new
development.
(5) Reasonable mitigation measures have been included for all
adverse impacts identified in an Initial Study or Environmental Impact Report
or a Statement of Overriding Considerations has been adopted for the
proposed project.
(6) The proposed use conforms precisely to the minimum
requirements outlined in Section 9.04.16, Subchapter 9.04.16.01.030.
Term of Permit
9.04.20.15.050 .
The Design Compatibility Permit shall expire if the rights granted are
not exercised within the period established by the Planning Commission or
City Council on appeal as a condition of granting the Design Compatibility
Permit, or, in the absence of such established time period, within two (2)
years from the effective date of permit approval. However, if the permit is for
affordable housing or a mixed use project where housing units comprise at
least seventy-five percent of the floor area of the project (collectively
"housing project"), and the housing project has received City, State or
Federal funding or is comprised of units at least fifty percent of which are
deed-restricted to be affordable to low income households and the
remainder of which are deed-restricted to be affordable to low or moderate
income households, in the absence of a time period established by the
Planning Commission or City Council on appeal as a condition of granting
the permit, the Design Compatibility Permit shall expire if the rights granted
are not exercised within three years, or if located in the Coastal Zone, three
and one-half years from the effective date of permit approval.
(a) Exercise of Rights. "Exercise of rights" shall mean actual
commencement of the use granted by the permit, unless the permit is
granted in conjunction with approval of new construction.
If the Design Compatibility Permit is granted in conjunction with
approval of new construction, issuance of a building permit shall constitute
exercise of rights under the Design Compatibility Permit; provided, however,
that, unless otherwise specified as a condition of project approval, the
Design Compatibility Permit shall expire if:
(1) The building permit expires; or
(2) The rights granted under the Design Compatibility
Permit are not exercised within one year following the earliest to occur of the
following: issuance of a Certificate of Occupancy; or if no Certificate of
Occupancy is required, the last required final inspection for the new
construction.
(b) Extension. If the applicant files an extension request with the
Zoning Administrator in writing prior to expiration of the permit, the Zoning
Administrator may administratively grant a one-year extension of the term of
the Design Compatibility Permit. The applicant may apply to the Planning
Commission for any further extension if such request is filed at least one
month prior to the permit's expiration. Such extension request shall be
processed in the same manner and for the same fee as a new Design
Compatibility Permit. The Planning Commission may grant an extension
request for good cause, and may consider in this review the extent to which
the project is consistent with current development standards and policies,
whether the project is consistent in principle with the goals, objectives,
policies, land uses, and programs specified in the adopted General Plan,
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conditions surrounding the project site and whether the project will adversely
effect public health, safety and general welfare.
Revocation.
9.04.20.15.060
The Planning Commission may, or upon direction from the City
Council, revoke any approved Design Compatibility Permit in accordance
with the following procedure:
(a) A revocation hearing shall be held by the Planning
Commission. Notice of the hearing shall be published once in a newspaper
of general circulation within the City and shall be served either in person or
by registered mail on the owner of the property and on the permit holder at
least 10 days prior to such hearing. The notice of hearing shall contain a
statement of the specific reasons for revocation.
(b) After the hearing, a Design Compatibility Permit may be revoked by the
Planning Commission, or by the City Council on appeal or review, if any one of
the following findings are made:
(1) That the Design Compatibility Permit was obtained by
misrepresentation or fraud.
(2) That the use for which the Design Compatibility Permit
was granted has ceased or has been suspended for six or more consecutive
calendar months.
(3) That the conditions of the permit have not been met, or
the permit granted is being or has recently been exercised contrary to the
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terms of the approval or in violation of a specific statute, ordinance, law or
regulation.
(c) A written determination of revocation of a Design
Compatibility Permit shall be mailed to the property owner and the permit
holder within 10 days of such determination.
Appeals.
9.04.20.15.070
The approval, conditions of approval, denial, or revocation of a Design
Compatibility Permit may be appealed within fourteen consecutive calendar
days of the date the decision is made in the manner provided in Santa Monica
Municipal Code Part 9.04.20.24, Sections 9.04.20.24.010 through
9.04.20.24.040.
Hearings.
9.04.20.15.080
Notice of public hearings shall be given in accordance with Santa
Monica Municipal Code Section 9.04.20.22.050 to all owners and residential
and commercial tenants of property within a radius of 500 feet for a Design
Compatibility Permit.
SECTION 4. Santa Monica Municipal Code Section 9.04.08.56.070 is hereby
repealed in its entirety.
SECTION 5. Any provision of the Santa Monica Municipal Code or appendices
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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 6. 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.
SECTION 7. 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:
_________________________
MARSHA JONES MOUTRIE
City Attorney
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ATTACHMENT B
Public Notice
NOTICE OF A PUBLIC HEARING
BEFORE THE SANTA MONICA CITY COUNCIL
SUBJECT: ORDINANCE INTRODUCTION AND FIRST READING AMENDING
SECTIONS 9.04.16.01.020 AND ADDING SECTIONS 9.04.20.15 and
9.04.10.02.450 TO THE CITY’S ZONING ORDINANCE.
WHEN:
Tuesday, September 24, 2002 at 6:45 p.m.
WHERE:
City Hall
City Council Chambers, Room 212
1685 Main Street
Santa Monica, California
PROJECTION DESCRIPTION
The City Council will introduce for first reading an ordinance amending Section
9.04.16.01.020 and adding Sections 9.04.20.15 and 9.04.10.02.450 to the City's Zoning
Ordinance. These Zoning Ordinance text amendments and additions will codify the
provisions of Ordinance No. 2022 (CCS), an interim ordinance due to expire on November
11, 2002, which set into place the requirements for Design Compatibility Permits for
condominiums and other forms of multi-family unit ownership and the Construction Rate
Program for developments in multi-family zoning districts.
HOW TO COMMENT
The City of Santa Monica encourages public comment. You may comment at the City
Council public hearing, or by writing a letter or e-mail. Information received prior to the
hearing will be given to the City Council at the meeting.
Address your letters to: City Clerk
1685 Main Street, Room 102
Santa Monica, CA 90401
MORE INFORMATION
If you want additional information about this project or wish to review the project file,
City Planning
please contact at (310) 458-8341. The Zoning Ordinance is available at the
Planning Counter during business hours and on the City’s web site at www.santa-
monica.org.
The meeting facility is wheelchair accessible. If you have any disabilities related
accommodation request, contact (310) 458-8341 or TTY (310) 458-8696 at least 72 hours
prior to the meeting. All written materials are available in alternate format upon request.
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Santa Monica “Big Blue” Bus Lines #1, #2, #3, #7 and #8 serve City Hall.
Pursuant to the California Government Code Section 65009(b), if this matter is
subsequently challenged in Court, the challenge may be limited to only those issues raised
at the Public Hearing described in this notice, or in written correspondence delivered to the
City of Santa Monica at, or prior to, the Public Hearing.
ESPAÑOL
Esto es una noticia de una audiencia pública para revisar applicaciónes proponiendo
desarrollo en Santa Monica. Para más información, llame a Carmen Gutierrez al número
(310) 458-8341.
APPROVED AS TO FORM:
______________________
JAY M. TREVINO
Planning Manager
F:plan/share/council/notices/02ta005legalad.doc
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