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Council Mtg: December 13, 1988
Santa Monica, California
TO: Mayor and City council
FROM: city staff
SUBJECT: Recommendation to Amend the zoning Ordinance to Permit
Residential Projects with Vesting Maps to be Reviewed
Under the provisions of the Prior Zoning Ordinance.
INTRODUCTION
This report recommends that the City council direct the City
Attorney to amend the current Zoning Ordinance to permit
residential projects with vesting tentative maps filed between
April 29, 1988 and July 28, 1988 to be reviewed under the
provisions of the prior Zoning Ordinance.
BACKGROUND
Prior to issuance of Memorandum Opinion Number 88-21 by the city
Attorney on September 15, 1988 (see attachment), planning staff
had interpreted SMMC Section 9325(e)-(f) to "grandfather" vesting
maps under the old Zoning Ordinance standards. Based upon this
interpretation, developers of projects with vesting maps who
sought advice from the Planning Division prior to the adoption of
the Zoning Ordinance were advised that they could design their
project under the old Zoning Ordinance standards.
The City Attorney, however, determined that based upon the
language of the new Zoning Ordinance, and in the absence of a
text amendment, vesting maps filed after April 28, 1988 had to
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comply with development standards contained in the new Zoning
Ordinance.
This has resulted in significant difficulties for
applicants with vesting map applications who
information provided by Planning staff.
relied on
In order to permit vesting maps applications to be considered
under the provisions of the previous zoning Ordinance, a text
amendment to the Zoning Ordinance is required.
On October 5, 1988 the Planning Commission approved a resolution
of intention and on October 19, 1988 conducted a noticed pUblic
hearing on the following Zoning Ordinance Text Amendment:
section 9002.2 (f): Vesting Tentative Maps. Any residential
proj ect for which a vesting tenta ti ve map
was filed and deemed complete in accordance
with Chapter 3 of Article IX between April
29, 1988 and July 27, 1988.
The amendment is intended to address the understanding of
developers of several residential projects designed to the
standards of the former Zoning Ordinance that the new Ordinance
contained provisions "grandfathering" them, based on discussions
with Planning Division staff.
Two proj ects on appeal to the
Council at its December 13 meeting are in this situation and are
the subject of separate staff reports.
Three members of the public spoke in support of the amendment,
and following the public testimony, the Commission unanimously
approved the amendment with the modification that the effective
date be changed from July 27 to July 28.
This change was
requested by the applicant of the 22 unit El Tovar condominium
project which was filed on July 28, 1988.
The July 27 date
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originally proposed by staff represents the date of the City
Council's first reading of the new Zoning Ordinance.
since the intent of the amendment is to grandfather condominium
applications that were filed prior to first reading of the new
Zoning Ordinance and subsequently deemed complete, staff is
recommending the following as an alternate to the language
adopted by the Planning Commission:
Section 9002.2 (f): Vesting Tentative Maps. Any residential
project for which a vesting tentative map
was filed between April 29, 1988 and July
28, 1988 and subsequently deemed complete in
accordance with Chapter 3 of Art;cle IX.
This text amendment would permit condominium projects with
vesting map applications filed between April 29, 1988 and July
28, 1988 to be reviewed and approved under the provisions of the
previous Zoning Ordinance.
The amendment could result in the
construction of approximately nine projects with a total of
sixty-two units under the property development standards
contained in the former Zoning Ordinance.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any
budget or fiscal impact.
RECOMMENDATION
It is respectfully recommended that the City Council:
1) Find that the proposed amendment is consistent in principle
with the goals, objectives, policies, land uses, and programs
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specified in the General Plan in that all the projects subject to
this amendment comply with the residential density standards
identified in the Land Use Element. This text amendment would
not result in approval of any project that would be inconsistent
with the elements of the General Plan.
2)
Introduce
for
first
reading the
attached ordinance
incorporating the following addition to the Municipal Code:
section 9002.2 (f): Vesting Tentative Maps. Any residential
project for which a vesting tentative map was filed between April
29, 1988 and July 28, 1988 and subsequently deemed complete in
accordance with Chapter 3 of Article IX.
Prepared by: Paul Berlant, Director of Planning
Suzanne Frick, principal Planner
Exhibit 1: Ordinance for First Reading
Exhibit 2: City Attorney Opinion 88-21
SF:Dez
HP/ResOOl
12/06/88
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CA:RMM:lld386/hpc
city council Meeting 12-13-88
Santa Monica, California
ORDINANCE NUMBER
(city Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA SANTA MONICA MUNICIPAL
CODE SECTION 9002.2 TO PERMIT RESIDENTIAL
PROJECTS WITH VESTING MAPS TO BE REVIEWED UNDER THE
PROVISIONS OF THE PRIOR ZONING ORDINANCE
WHEREAS I the City Council introduced the lIcity of Santa
Monica Comprehensive Land Use Ordinancell (hereinafter lIne\v Zoning
Ordinancetl) for first reading on July 27, 1988 and adopted such
Ordinance on August 9, 1988; and
WHEREAS ( the new Zoning Ordinance was effective on
September 8, 1988; and
WHEREAS ( pursuant to Municipal Code Section 9120. 2 ( on
October 5, 1988, the Planning Commission adopted a Resolution of
Intention to amend the new Zoning Ordinance to allow residential
projects for which vesting tentative map applications had been
filed prior to July 27, 1988 to be reviewed under the provisions
of the prior Zoning Ordinance; and
WHEREAS I on October 19 I 1988, following a duly noticed
pUblic hearing, the Planning commission adopted a resolution
recommending that the City Council adopt an amendment to the
Zoning Ordinance which would allow residential projects for which
vesting tentative map applications had been filed prior to July
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28, 1988 to be reviewed under the provisions of the prior Zoning
Ordinance: and
WHEREAS, the proposed amendment is consistent in principle
with the goals, objectives, policies, land uses, and programs
specified in the General Plan: and
WHEREAS, the public health, safety, and general welfare
require the adoption of the proposed amendment,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
SECTION 1. section 9002.2 of the Santa Monica Municipal
Code is amended to read as follows:
SECTION 9002.2. vested Right. The
following projects shall have a vested
right to proceed without complying with
this Chapter.
(a) Previously Approved Conversion.
The conversion to condominiums or other
form of subdivided ownership for any
multi-family dwelling that has a final
subdivision map approved prior to October
1, 1981, and has received either a removal
permit or vested right determination from
the Santa Monica Rent Control Board.
(b) Projects with currently Valid
Building Permit. The erection,
construction, enlargement, demolition,
moving, conversion of, and excavation and
grading for any building or structure for
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which a valid building permit is in effect
as of the effective date of this
Ordinance.
(c) Previously Approved Development
Permit. The erection, construction,
enlargement, demolition, moving,
conversion of, and excavation and grading
for any building or structure for which a
valid development permit is in effect
pursuant to Ordinance Number 1321 (CCS).
A development permi t which does not
contain an express limit on the time for
exercising the permit shall be deemed
valid only if a building permit is
obtained wi thin one year of the date of
adoption of this Chapter. No time
extensions shall be granted for any
development permit approved prior to the
adoption of this Chapter.
(d) Applications Deemed complete.
Any project for which an application was
filed pursuant to Ordinance Number 1321
(CCS) and deemed complete in accordance
with Ordinance Number 1441 (CCS) or 1449
(CCS) prior to April 29, 1988.
(e) Development Agreement.
Development in accordance with the terms
and conditions of a development agreement
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approved by the City Council pursuant to
Chapter 8 of Article IX of this Code.
(f) vesting Tentative Maps. Any
residential proj ect for which a vesting
tentative map was filed between April 29,
1988, and July 28, 1988, and subsequently
deemed complete in accordance with Chapter
3 of Article IX.
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, are hereby repealed or modified to that extent necessary
to affect 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 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 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
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within 15 days after its adoption. This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
~lfw1,.~
ROBERT M. MYERS
City Attorney
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MEMORANDUM OPINION NUMBER 88-21
DATE
september 15, 1988
Peggy Curran, Director of CEO
Paul Berlant, Director of Planning
Bill Rome, Building Officer
Robert M. Myers, City Attorney
Laurie Lieberman, Deputy city Attorney
Development Permit Applications Filed and
Approvals Obtained Prior to the Effective
Date of the New Zoning Ordinance
TO:
FROM:
SUBJECT:
Questions have been raised by Planning Division staff and
several affected members of the public regarding the standards
applicable to applications which were filed with the Planning
Division prior to the effective date of the new Zoning Ordinance-
but which have not yet been considered by the Planning
Commission. In addition, questions have been raised regarding
the vested rights provisions of the Zoning Ordinance and their ~
applicability to projects that received Planning Commission
approvals or administrative approvals prior to the effective date
of the zoning Ordinance but which do not yet have building
permits. This Memorandum opinion addresses these questions.
I. vesting Tentative Maps and Other Development Permit
Applications Filed Prior to Effective Date of the Zoning
Ordinance But Not Approved Administratively or by the Planning
commission Prior to That Date.
With regard to vesting tentative maps, Santa Monica
Municipal Code section 9325 states in relevant part:
(e) The approval or conditional
approval of a vesting tentative map shall
confer a vested right to proceed with
development in substantial compliance with
those ordinances, policies, and standards
in effect as of the date the application
for a vesting tentative map is determined
to be complete, or as otherwise permitted
by Government Code section 66474.2. If
Government Code Section 66474.2 is
repealed, the approval or conditional
approval of a vesting tentative map shall
confer a vested right to proceed with
development in substantial compliance with
the ordinances, policies, and standards in
effect at the time the vestinq tentative
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map is approved or conditionally approved.
Approval of a vesting tentative map shall
in no way limit or diminish the authority
of the City to deny or impose reasonable
conditions in conjunction with subsequent
approvals relating to the project provided
the City applies those ordinances,
policies and standards in effect at the
time of approval of the vesting tentative
map. (Emphasis added.)
California Government Code Section 66474.2 states in
relevant part:
Section 66464.2. In determining
whether to approve or disapprove an
application for a tentative map, the local
agency shall apply only those ordinances,
policies, and standards in effect at the
date the local agency has determined that
the application is complete pursuant to
Section 65943 of the Government Code.
However, if the local agency has formally
initiated proceedings by way of ordinance
or resolution and published notice of such
ordinance or resolution, in accord with
the procedures used by the local aqency
for publication of ordinances, to amend
applicable general or specific plans, or
zoninq or subdivision ordinances before it
has received the complete application, the
local agency may a~~ly any ordinances,
policies, or standards enacted or
instituted as a result of those
proceedings which are in effect on the
date the local agency approves or
disapproves the tentative map. If the
subdivision applicant requests changes in
applicable ordinances, policies or
standards in connection with the same
development project, any ordinances,
policies or standards adopted pursuant to
the applicant's request shall apply.
(Emphasis added.)
The new Zoning Ordinance was adopted after formal
initiation of proceedings in accordance with the procedures used
by the Ci ty for adoption of the zoning ordinances. Therefore,
pursuant to Government Code Section 66474.2, the City had the
option to apply the new Zoninq Ordinance to vestinq tentative map
applications which had not been considered prior to the effective
date of the Zoning Ordinance. The city made its determination on
that option when it adopted the new Zoning Ordinance.
Santa Monica Municipal Code Section 9002.2 (new Zoning
ordinance) states the following:
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Section 9002.2. Vested Right. The
following projects shall have a vested
right to proceed wi thout complying with
this Chapter.
(a) Previously Approved Conversion.
The conversion to condominiums or other
form of subdivided ownership for any
mUlti-family dwelling that has a final
subdivision map approved prior to October
1, 19B1, and has received either a removal
permit or vested right determination from
the Santa Monica Rent Control Board.
(b) Projects with currently Valid
Building Permit. The erection,
construction, enlargement, demolition,
moving, conversion of and excavation and
grading for, any building or structure for
which a valid building permit is in effect
as of the effective date of this
Ordinance.
(c) Previously Approved Development
Permit. The erection, construction,
enlargement, demolition, moving,
conversion of an excavation and grading
for, any building or structure for which a
valid development permit is in effect
pursuant to Ordinance Number 1321 (CCS).
A development permit which does not
contain an express limit on the time for
exercising the permit shall be deemed
valid only if a building permit is
obtained within one year of the date of
adoption of this Chapter. No time
extensions shall be granted for any
development permit approved prior to the
adoption of this Chapter.
(d) Appl ications Deemed Complete.
Any proj ect for which an application was
filed pursuant to Ordinance Number 1321
(CCS) and deemed complete in accordance
with Ordinance Number 1441 (CCS) or 1449
(CCS) prior to April 29, 19BB.
(e) Development Agreement.
Development in accordance with the terms
and conditions of a development agreement
approved by the City Council pursuant to
Chapter 8 of Article IX of this Code.
Section 9002.2 (d) grandfathers projects with applications
filed pursuant to Ordinance NUJ~.ber 1321 (eCs) as amended by
Ordinance Nu~her 1441 (CeS) and Ordinance ~l~her 1449 (ces) and
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deemed complete by April 29, 1988. This section applies to
vesting tentative maps as well as any other project with an
application deemed complete by April 29, 1988.
Therefore, reading the language contained in the Zoning
Ordinance in conjunction with Santa Monica Municipal Code section
9325(e) and Government Code section 66474.2, all development
applications deemed complete ~rior to April 29, 1988, but not yet
receiving approvals by the Planning Commission or administrative
staff, where applicable, are not subject to the new Zoning
Ordinance. Projects for which applications were filed subsequent
to April 29, 1988, are not qrandfathered and are therefore
subject to the provisions of the new Zoning Ordinance.
II. Projects with Tentative Map Approvals or
Administrative Approvals Which Have Not Obtained Building Permits
Prior to the Effective Date of the Zoning Ordinance.
Another category of projects giving rise to questions are
those which have received planning approvals prior to september
9, 1988 (the effective date of the Zoning Ordinance), but which
do not yet have building permits. Santa Monica Municipal Code
Section 9002.2 (c) (new Zoning Ordinance) addresses these-
projects.
This section provides that development permits approved
under Ordinance Number 1321 (CCS) are entitled to obtain building
permits without having to comply with the new Zoning ordinance.
Where a development permit does not expressly limit the time for
exercising the permit, this section provides that the holder of
such a permit must obtain a building permit within one year from
August 9, 1988, otherwise the right to such a permit is lost and
compliance with the new Zoning Ordinance is required.
For purposes of this section, "development permits" were
meant to include development review permits, administrative
approvals, tentative maps, conditional use permits, and other
planning approvals necessitated pursuant to the terms of
Ordinance Number 1321 (CCS). Therefore, projects with valid
planning approvals granted prior to September 9, 1988, are
grandfathered by this section and may obtain building permits
subject to the time limit provision discussed above without
having to comply with the new Zoning Ordinance.
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