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SR-400-008-07 e e '-:8 NOV 1 4 1989 !' CA:RMM:ll639bjhpc city council Meeting 11-14-89 7"tJO- OOlf ~07 Santa Monica, California STAFF REPORT FROM: Mayor and city Council City Attorney TO: SUBJECT: ordinance Amending Ordinance Number 1481 (CCS) to Exempt Applications for Proposed Developments at or Below Specified Square Footages in the Broadway Commercial District and the Residential visitor commercial District At its meeting on October 17, 1989, the City Council introduced for first reading an ordinance to create exemption thresholds for small projects in the Broadway Commercial District and the Residential Visitor Commercial District in the city. The ordinance is now presented to the City Council for adoption. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be adopted. PREPARED BY: Robert M. Myers, city Attorney Laurie Lieberman, Deputy City Attorney '~B NOV 1 4 19B9 VOTE: Aff~rmat~ve: Negative: Abstain: Absent: PROOF VOTES WITH ANOTHER PERSON BEFORE ANYTHING . DISTRIBUTION: ORIGINAL to he s~gned, sealed and f~led in Vault. ~E~ORE DISTRIBUTIOJlltECK CONTENT DISTRIBUTION OF RESOLUTION # OF ALL Counc~l Meet~ng Date /~V/ J'9 tP-g /yC;, Agenda Item # Was ~t amended? 7- I L~ FOR C~ CLERK'S ACTION ORDINANCE # /Y 9 J Introduced: / ~/j 7,/ Y.1 Adopted: //// 7/t 1 ALWAYS PUBLISH ADOPTED ORDINANCES Cross out Attorney's approval ,. NEWSPAPER PUBLICATION (Date: ) Department or~g~natlng staff report( Laur~e L~eberman) Ord~nances only for Attorney ( Claudla Thompson) Management Serv~ces Lynne Barrette ORDINANCES ONLY Agency mentioned ~n document or staff report (certlf ied?) for departments who need to know). Parking Auth. SUbJect fl1e (agenda packet) Counter file Others: (Review Airport Aud~torium BU~l,ding Dept. C/ED Personnel Planning Pollce Purchasing Recr!Parks Transportat1on Treasurer F1nance General Servo Lilil-rary , '" Manager F1re ... SEND FOUR COPIES OF ALL ORDINANCES TO: COOED SYSTEMS 120 Ma~n Street Avon, New Jersey 07717 SEND FOUR ~OPIES OF ALL ORDINANCES TO: Debra MyrJ..ck Santa Monlca Munic~pal Court 1725 Maln Street, Room 118 Santa Monica, CA 90401 ( 2 1 1 1 I 4 4 is- Total Copies ~ y' . . W""_1 ..-' - , CA:RMM:ll639/hpc City Council Meeting 11-14-89 Santa Monica, California ORDINANCE NUMBER 1498(CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING ORDINANCE NUMBER 1481 (CCS) TO EXEMPT APPLICATIONS FOR PROPOSED DEVELOPMENTS AT OR BELOW SPECIFIED SQUARE FOOTAGES IN THE BROADWAY COMMERCIAL DISTRICT AND THE RESIDENTIAL-VISITOR COMMERCIAL DISTRICT THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 3 of Ordinance Number 1481 (CCS) is amended to read as follows: SECTION 3. Exemptions. The following applications are exempt from the provisions of Section 2 of this ordinance: (a) Applications for approval of permits invol ving proposed developments on land owned, operated or controlled by the City of Santa Monica, Santa Monica College, the Santa Monica School District, or the State of California. (b) Applications for approval of permits for proposed developments in the Third street Mall Specific Plan Area and in the Hospital Specific Plan Area. - 1 - . . .. , (c) Applications for approval of permits for proposed developments that fall at or below the following square feet of floor area for the district in which the development is located: C-2 Neighborhood Commercial 8,000 C-) Downtown 22,000 C-4 Downtown OVerlay Highway Commercial 22,000 C3C 18,000 C-5 Special Office 22,000 C-6 Boulevard Commercial 22,000 CM Main street 11,000 CP Commercial Professional 16,000 M1 Industrial Conservation 22,000 BCD Broadway Commercial 16,000 RVC Residential-Visitor Commercial The Promenade 11,000 All other parts of the District 22,000 To the extent that a proj ect contains both residential and non-residential components, this moratorium applies only to the non-residential component of such project. A project that contains both residential and non-residential components may proceed with an application only if the square footage of the non-residential portion of the project falls below the threshold set forth in this subsection. - 2 - . . (d) Applications for approval of permits involving proposed developments for which development agreement applications have been filed on or before May 2, 1989 and proposed developments for which development review applications have been filed and deemed complete on or before May 2, 1989. (i) 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 substantially 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 "substantially complete" if the missing information is supplied within two (2) working days of the city's request. (ii) If an application for approval of a proposed development has been deemed complete by the City on or before May 2, 1989, an amended application for the same project shall be deemed complete as of May 2, 1989, so long as the Planning - 3 - . . Director determines that the changes to the project do not increase the size or sUbstantially alter the scope of the proposed project. This Section shall not apply for purposes of deeming an application complete under the Permit Streamlining Act. (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 development permits by the Planning Commission or Planning Division on or before May 2, 1989. 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. - 4 - -T . . 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 within 15 days after its adoption. This Ordinance shall become effective upon adoption. APPROVED AS TO FORM: ~\N'\.~ ROBERT M. MYERS city Attorney - 5 - ~, . . Adopted and approved this 14th day of November, 1989. ~h/~ yor I hereby certify that the foregoing Ordinance No. 1498(CCS) was duly and regularly introduced at a meeting of the City council on the 17th day of October 1989; that the said Ordinance was thereafter duly adopted at a meeting of the city Council on the 14th day of November 1989 by the following council vote: Ayes: Councilmembers: Abdo, Finkel, Genser, Jennings, Katz, Reed, Mayor Zane Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: None ATTEST: City Clerk