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SR-400-008-01 (15) . . j>..LJ MAY - ~ &89 I / ( . \ --- (. LJ -c c ~ -(\ i CA:RMM:ll623jhpc City council Meeting 5-9-89 I r. ~~ .. . "" .. 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. ~A MAY - 9'389 - 1 - . . 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 - 2 - . . 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. - 1 - . . 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. - 2 - . . (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 - 3 - . . 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 - 4 - . . 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 - 5 - . . 'development permits by the Planning Commission or Planning ~ 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 - 6 - . . .. . 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: ~ }.y-.... ROBERT M. MYERS City Attorney ~ - 7 -