SR-400-008-01 (15)
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MAY - ~ &89
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CA:RMM:ll623jhpc
City council Meeting 5-9-89
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Santa Monica, California
STAFF REPORT
TO:
Mayor and City Council
FROM:
City Attorney
SUBJECT:
Ordinance Creating a Moratorium on Residential
Development in the Area Bounded by Ocean Avenue,
Montana Avenue, the East Side of 14th street and
Wilshire Boulevard and Declaring the Presence
of an Emergency
At its meeting on April 25, 1989, the City Council directed
the City Attorney to prepare an emergency ordinance that would
prohibit all new residential development in the area bounded by
Wilshire Boulevard on the south, Montana Avenue on the north,
Ocean Avenue on the west, and 14th Street on the east (including
property on the east side of the street).
In response to this
direction, the accompanying ordinance has been prepared and is
presented to the City Council for its consideration.
SECTION BY SECTION ANALYSIS
section 1. This section sets forth the findings and
purpose of the ordinance.
Section 2. This section places a moratorium on acceptance
of applications for approval of tentative maps, administrative
approvals, development review permits, conditional use permits,
and any other City permits for development in the defined
moratorium area.
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section 3.
This section exempts five categories of
development applications from the moratorium. Those include: (1)
applications for permits for single family dwellings, (2)
applications for permits for low and moderate income housing
developments, (3) applications for rehabilitation or enlargement
of existing dwelling units, (4)
applications for permits which
have been deemed complete on or before April 28, 1989, and (5)
applications for construction-related permits for projects which
have been granted Planning Commission or Planning Department
approvals prior to April 28, 1989.
Section 4. This section states that this ordinance shall
expire 45 days from the date of adoption, unless extended by the
City Council following a duly noticed public hearing. It
establishes June 13, 1989, as the date for the public hearing.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be adopted.
PREPARED BY: Robert M. Myers, City Attorney
Laurie Lieberman, Deputy City Attorney
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CA:RMM:11618/hpc
City council Meeting 5-9-89
Santa Monica, California
ORDINANCE NUMBER
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA CREATING A MORATORIUM
ON RESIDENTIAL DEVELOPMENT IN THE AREA BOUNDED
BY OCEAN AVENUE, MONTANA AVENUE, THE EAST
SIDE OF 14TH STREET AND WILSHIRE BOULEVARD AND
DECLARING THE PRESENCE OF AN EMERGENCY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Findings and Purpose. The City council finds
and declares:
(a) A significant level of development activity has
occurred between January 1987 and March 1989 in the area bounded
by Ocean Avenue on the west, by Montana Avenue on the north
(including the R-3 and R-4 zoned property on the north side of
Montana Avenue), by 14th street on the east (including the R-3
zoned property on the east side of 14th street), and by Wilshire
Boul evard on the south
(hereinafter referred to as the
"moratorium area").
(b) More than twenty-one (21) residential development
projects that will result in the construction of 269 new
residential units in the moratorium area have been approved
between January 1987 and March 1989. This number of projects and
units is significant when compared with the development activity
in the two previous two-year periOdS in the moratorium area.
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During the period from January 1985 through December 1986, only
four (4) residential development projects, which resulted in the
construction of sixteen (16) new residential units, were approved
in the moratorium area. During the period from January 1983
through December 1984, only five (5) residential development
projects, which resulted in the construction of seventy-seven
(77) units, were approved in the moratorium area.
(c) While the city's Land Use and Circulation Element,
adopted on October 23, 1983, identifies a standard of 48 dwelling
units per net residential acre for high density residential areas
in the City, the development activity that has occurred between
January 1987 and March 1989 has resulted in 49.4 dwelling units
per acre in the R-4 portion of the moratorium area.
(d) While the city's Land Use and Circulation Element
identifies a standard of 35 dwelling units per net residential
acre for medium density residential areas, development activity
that has occurred between January 1987 and March 1989 has
resulted in 40.9 dwelling units per acre in the R-3 portion of
the moratorium area.
(e) A number of existing properties in the moratorium
area are underdeveloped in relation to the city's existing
allowable height and density limits. This is significant in that
the redevelopment of these currently underdeveloped properties at
greater height and densities could result in the loss of views
and light and could pose a threat to the existing character of
the neighborhood.
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(f) Significant parking deficiencies exist in the
moratorium area and increased development is likely to exacerbate
an already unacceptable level of parking problems.
(g) There is continuing and increasing concern regarding
the capacity of the existing infrastructure in the moratorium
area to support increases in densities.
(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 moratorium area.
(i) The amount of construction activity taking place in
the moratorium area causes significant disruption and noise
problems for the residents of the area.
(j) The increase in development acti vi ty in the
moratorium area poses a threat to the pUblic health, safety and
welfare of the residents.
(k) The City's zoning, planning, subdivision, housing and
building regulations require review as they pertain to the
moratorium area in order to ensure that development is consistent
with the public health, safety and welfare.
(1) Pending completion of this review, it is necessary to
establish an interim control measure that will preserve the
existing character of the moratorium area and prevent any further
aggravation of the parking and other infrastructure limitations.
SECTION 2. Moratorium.
(a) Subject to the exemptions set forth in Section 3 of
this Ordinance, a moratorium is hereby placed on the acceptance
for processing of any applications for approval of tentative
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tract maps, tentative parcel maps, administrative approvals,
development review permits, conditional use permits, or any other
City permits for the erection, construction, demolition, moving,
conversion of, and excavation and grading for, any residential
building or structure, including any hotel or motel, on
properties zoned R-J or R-4 in the moratorium area.
(b) Subject to the exemptions set forth in section J of
this ordinance, the Planning Commission and City staff are hereby
directed to disapprove all applications filed after April 28,
1989, for approval of tentative tract maps, tentative parcel
maps, administrative approvals, development review permits,
conditional use permits, or any other city permits for the
erection, construction, demolition, moving, conversion of, and
excavation and grading for, any residential building or
structure, including any hotel or motel, on properties zoned R-3
or R-4 in the moratorium area.
SECTION 3. Exemptions. The following applications are
exempt from the provisions of section 2 of this Ordinance:
(a) Applications for approval of permits involving the
erection, construction, enlargement, demolition of a single
family dwelling, or moving of, and excavation and grading for any
single family dwelling.
(b) Applications for approval of permits involving the
erection, construction, enlargement, demolition, or moving of,
and excavation and grading for any multiple dwelling development
intended for rental housing for persons of low and moderate
income or for senior citizens, and which development is financed
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by any federal, state or city housing assistance program or owned
by any non-prOfit organization, provided the Director of Planning
determines that such development is in conformance with the
General Plan and the Zoning Ordinance and provided a deed
restriction is recorded restricting the development to such
purpose.
(c) Applications for approval of permits involving the
rehabilitation or enlargement of existing dwelling units.
(d) Applications for projects deemed complete on or
before April 28, 1989. 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
substant~ally 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 II substantially completell if the missing
information is supplied within two (2) working days of the City'S
request.
(e) Applications for approval of permits involving the
erection, construction, enlargement, demolition, or moving of,
and excavation and grading for, projects which have been granted
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'development permits by the Planning Commission or Planning
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Division prior to April 28, 1989.
SECTION 4. This Ordinance shall be of no further force and
effect 45 days from its adoption, unless prior to that date,
after a public hearing, noticed pursuant to Section 9131.5 of the
Santa Monica Municipal Code, the City Council, by majority vote,
extends the interim ordinance for up to 10 months and 15 days.
The City council hereby sets June 13, 1989, as the date for the
public hearing.
SECTION 5. This ordinance is declared to be an urgency
measure adopted pursuant to the provisions of Section 9120.6 of
the Santa Monica Municipal Code and Section 615 of the Santa
Monica City Charter. It is necessary for preserving the public
peace, health and safety, and the urgency for its adoption is set
forth in the findings above.
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
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every section, subsection, sentence, clause, or phrase not
declared inval id 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 upon adoption.
APPROVED AS TO FORM:
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ROBERT M. MYERS
City Attorney
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