SR-400-07
f:\atty\muni\strpts\bar\processingtimechanges.doc
City Council Meeting 8-10-04 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: An Ordinance Of The City Council Of The City Of
Santa Monica Amending Santa Monica Municipal Sections
9.04.20.06.040, 9.04.20.10.040, 9.04.20.11.030, 9.04.20.20.030,
9.04.20.22.040, 9.04.20.22.100, 9.04.20.26.040, 9.04.20.28.020, And
9.04.20.32.040 To Conform The City’s Hearing And Processing
Requirements For Discretionary Land Use Permits With The California
Permit Streamlining Act And To Modify Or Clarify The Time For Issuing
Temporary Use Permits And Administrative Approvals And Adding
Chapter 9.64 to the Santa Monica Municipal Code To Establish A
Procedure For Appealing Certain Environmental Determinations To The
City Council
Introduction
At its meeting on January 21, 2004, the Planning Commission recommended approval
of a text amendment that would amend various sections of the City’s Zoning Ordinance
to conform hearing and processing requirements for discretionary land use permits with
the California Permit Streamlining Act and modify or clarify the time for issuing
Temporary Use Permits and Administrative Approvals. The accompanying ordinance
would amend the Zoning Ordinance as recommended by the Planning Commission and
is presented to the City Council for first reading. Adoption of this ordinance will help to
insulate the City against legal challenges based on discrepancies between State and
local processing times. This proposed ordinance would also add Chapter 9.64 to the
Municipal Code to establish a procedure for appealing certain environmental
determinations to the City Council. This ordinance is presented to the City Council for
first reading.
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Background
City staff processes applications for development projects in conformity with the
California Permit Streamlining Act (“Act”), Government Code Sections 65920, et seq.
The Act sets forth rules establishing time limits within which a permitting agency must
approve or deny an application for a development project, as well as the process and
requirements for determining the completeness of an application. Currently, mostly due
to changes made to the Act over time, the City’s Zoning Ordinance contains deadlines
for conducting hearings that do not conform to the Act. In some instances, the Zoning
Ordinance requires hearings more promptly than state law. In addition, certain projects,
such as ministerial projects, are exempt from the Act, but under the City’s Zoning
Ordinance must be processed as if the applications are subject to it. Given workload
and priorities, this can create unnecessary scheduling and case management
difficulties, as well as confusion. Therefore, it is necessary to amend various sections of
the City’s Zoning Ordinance to bring these sections into conformity with state law.
Discussion
In order to bring the City’s Zoning Ordinance into conformity with state law, the Zoning
Ordinance should be amended as set forth in the attached, proposed ordinance. Staff
also recommends: (1) amending the time period within which the Zoning Administrator
must issue a written decision on temporary use permits, currently 7 or 10 calendar days
based on the duration of the temporary use permit, to a standard 21 calendar days; and
(2) modifying the processing requirements for administrative approvals to clarify that
these permits are not subject to the Act and to clarify the time for acting on these
permits.
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The impact of these changes will in most instances be quite modest. For instance,
currently, Section 9.04.20.22.040 requires that a public hearing occur within 60 days
after an application is determined/deemed to be complete when the project is exempt
from CEQA. Under the proposed ordinance, and consistent with the Act, the public
hearing must occur within 90 days after the application is determined/deemed complete.
This thirty-day difference is a reflection that under State law, staff has thirty days after
an application is determined to be complete to assess whether further environmental
review is required or the project is exempt. Obviously, the determination of the
appropriate level of environmental review is critically important. The City’s Zoning
Ordinance unnecessarily eliminates this thirty-day period.
A more significant time difference occurs when a project requires the preparation of an
Environmental Impact Report (EIR). Under State law, the EIR must be certified within
one year, but the project need not be approved at that time. The public agency is
provided an additional six months to act on the project. The City’s Zoning Ordinance
requires that the application be acted upon within that same one-year period. While it
is, and will remain, the City’s general practice to act on a project at the same time that
the EIR is certified, there are certainly instances in which it is desirable to certify an EIR,
but not act on the project because additional modifications are required to the project.
Thus, this change in the law will not effect a practical change in the processing time
frame in the vast majority of projects, but will ensure that the City can carefully review
projects even after EIR certification for those few project that warrant this additional
review.
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The Act is designed to expedite decisions on development projects. It establishes a
very aggressive processing requirement. Consequently, by conforming the City’s
requirements with the time frame of the Act, the proposed ordinance will not subject
development projects to unnecessary delays and will not result in a significant
difference in application processing.
Additionally, while staff recommends slightly increasing the time for issuing written
decisions on temporary use permits to 21 calendar days, these permits will still be
issued more promptly than required by the Act. This prompt processing time is
appropriate since these are minor permits issued for short durations, generally for
events which will occur very soon after the application has been filed.
Finally, the modification to the administrative approval provision of the Zoning
Ordinance will not result in any additional processing time before issuance of a written
decision, but is simply proposed to reflect that the Act is not applicable to this type of
approval. Current law requires a decision within sixty days after an application is
deemed complete. The proposed law will require a decision within ninety days after a
complete application has been filed. Since current law provides thirty days to determine
if an application is complete, the processing time is unaltered.
The proposed ordinance would also add Chapter 9.64 to the Municipal Code to
authorize any person to appeal from a decision of a nonelected decisionmaking body of
the City to certify an environmental impact report, approve a negative declaration or
mitigated negative declaration or determine that a project is not subject to CEQA if that
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decision is not otherwise subject to further administrative review. State law requires this
right of appeal to the City Council.
Financial/Budget Impact
There are no anticipated financial or budget impacts.
Recommendation
It is respectfully recommended that the accompanying ordinance be introduced for first
reading.
PREPARED BY: Marsha Jones Moutrie, City Attorney
Barry Rosenbaum, Senior Land Use Attorney
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f:\atty\muni\laws\barry\processingtimechanges-1.doc
City Council Meeting 8-10-04 Santa Monica, California
ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL SECTIONS
9.04.20.06.040, 9.04.20.10.040, 9.04.20.11.030, 9.04.20.20.030, 9.04.20.22.040,
9.04.20.22.100, 9.04.20.26.040, 9.04.20.28.020, AND 9.04.20.32.040 TO CONFORM
THE CITY’S HEARING AND PROCESSING REQUIREMENTS FOR DISCRETIONARY
LAND USE PERMITS WITH THE CALIFORNIA PERMIT STREAMLINING ACT AND
TO MODIFY OR CLARIFY THE TIME FOR ISSUING TEMPORARY USE PERMITS,
AND ADMINISTRATIVE APPROVALS AND ADDING CHAPTER 9.64 TO THE SANTA
MONICA MUNICIPAL CODE TO ESTABLISH A PROCEDURE FOR APPEALING
CERTAIN ENVIRONMENTAL DETERMINATIONS TO THE CITY COUNCIL
WHEREAS, City staff process applications for development projects in conformity with
the California Permit Streamlining Act, Government Code Section 65920 et seq.; and
WHEREAS, the Permit Streamlining Act set forth rules establishing time limits within
which a permitting agency must approve or deny a development project applications, as
well as the process and requirements for determining the completeness of an
application; and
WHEREAS, the Streamlining Act is designed to expedite decisions on development
projects and establishes a very aggressive processing requirement; and
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WHEREAS, mostly due to changes made to the Act over time, the City’s Zoning
Ordinance contains deadlines for conducting hearings that do not conform to the Act; in
some instances requiring hearings more promptly than State law; and
WHEREAS, certain projects, such as ministerial projects are exempt from the Act, but
under the City’s Zoning Ordinance, must be processed as if the applications are subject
to it; and
WHEREAS, these discrepancies in processing time can created unnecessary
scheduling and case management difficulties and confusion; and
WHEREAS, the impact of these changes will in most instances be modest, generally
adding no more than thirty days to application processing time; and
WHEREAS, on December 3, 2003, the Planning Commission adopted Resolution
Number 03-016 (PCS) which declared its intention to consider amending the text of the
City’s Zoning Ordinance as described above; and
WHEREAS, on January 21, 2004, the Planning Commission held a public hearing on
the proposed text amendment and recommended that the City Council adopt this
amendment;
WHEREAS, the State Legislature recently amended Public Resources Code Section
21151(c) to provide that if a nonelected decisionmaking body of a local agency certifies
an environmental impact report, approves a negative declaration or mitigated negative
declaration, or determines that a project is not subject to the California Environmental
Quality Act, then that determination is subject to review by the City Council; and
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WHEREAS, on April 27, 2004, the City Council held a public hearing on the proposed
text amendment; and
WHEREAS, the proposed amendment is consistent in principle with the goals,
objectives, policies, land uses, and programs specified in the adopted General Plan,
including, but not limited to, Land Use Element 1.1 (Improve the quality of life for all
residents by providing a balance of land uses...) since this proposal will eliminate
conflicts between State and local law and unnecessary scheduling and case
management difficulties and general confusion; and
WHEREAS, the public health, safety, and general welfare require adoption of the
proposed amendment since this proposal will bring the City’s Zoning Ordinance into
conformity with State law and will clarify the requirements for issuing temporary use
permits, home occupancy permits, and administrative approvals.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 9.04.20.06.040 is hereby
amended to read as follows:
Section 9.04.20.06.040 Findings.
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The Zoning Administrator may approve a temporary
use permit application only when all of the following findings
can be made in an affirmative manner:
(a) The operation of the requested use at the location
proposed and within the time period specified will not
jeopardize, endanger, or otherwise constitute a menace to
the public health, safety, or general welfare.
(b) The proposed site is adequate in size and shape
to accommodate the temporary use without material
detriment to the use and enjoyment of other properties
located adjacent to and in the vicinity of the site.
(c) The proposed site is adequately served by streets
or highways having sufficient width and improvements to
accommodate the kind and quantity of traffic that the
temporary use will or could reasonably generate.
(d) Adequate temporary parking to accommodate
vehicular traffic to be generated by the use will be available
either on-site or at alternate locations acceptable to the
Zoning Administrator.
Deleted:
For temporary use permits
, The Zoning Administrator shall prepare a written
Deleted:
approved for forty-five days
or less
decision on the temporary use permit application within 21
Deleted:
t
Deleted:
seven
9
Deleted:
of
calendar days after a complete application has been filed
Deleted:
the date
Deleted:
the
which shall contain the findings of fact upon which the
Deleted:
is
decision is made.
Deleted:
For temporary use permits
approved for a period greater than
If a temporary use permit is issued for a period
forty-five days, the Zoning
Administrator shall prepare a written
decision within ten calendar days of
greater than forty-five days, a copy of the decision shall be
the date the application is filed which
shall contain the findings of fact upon
which the decision is made.
mailed to the applicant and the Planning Commission.
Deleted:
A
Deleted:
by the end of ten-day
period
SECTION 2. Santa Monica Municipal Code Section 9.04.20.10.040 is hereby
amended to read as follows:
Section 9.04.20.10.040 Hearings and notice.
Subject to the provisions of Section 9.04.20.22.020,
upon receipt in proper form of a Variance application, a
Deleted:
not less than ten days nor
more than sixty days after the
public hearing before the Zoning Administrator shall be set in
application is determined to be
complete,
accordance with the Permit Streamlining Act, Government
Code Section 65920 et seq., or any successor legislation
thereto, and notice of such hearing shall be given to all
property owners and tenants within three hundred feet of the
exterior boundaries of the property involved in a manner
consistent with Part 9.04.20.22, Sections 9.04.20.22.010
through 9.04.20.22.140.
SECTION 3. Santa Monica Municipal Code Section 9.04.20.11.030 is hereby
amended to read as follows:
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Section 9.04.20.11.030 Hearing and notice.
Upon receipt in proper form of a Use Permit
application, a public hearing before the Zoning Administrator
Deleted:
.
shall be set and notice of such hearing shall be sent to all
Deleted:
N
property owners and tenants within three hundred feet of the
property in a manner consistent with Part 9.04.20.22,
Sections 9.04.20.22.010 through 9.04.20.22.140.
SECTION 4. Santa Monica Municipal Code Section 9.04.20.20.030 is hereby
amended to read as follows:
Section 9.04.20.20.030 Determination of
completeness.
(a) No application shall be processed pursuant to Part
9.04.20.22 prior to the determination by the Zoning
Administrator that the application is complete in accordance
with this Section and the Permit Streamlining Act,
Government Code Section 65920 et. seq. or any successor
legislation thereto.
Deleted:
(b) The Zoning
Administrator, within 30 days of
(b)The determination shall state whether the
receiving a submitted application and
associated information shall
determine in writing the completeness
application is complete pending payment of the required
of the application and shall
immediately transmit this
determination to the applicant. ¶
filing fee, or is incomplete and shall specify additional
Deleted:
(c)
information to be resubmitted.
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Deleted:
(d)
(c) A completed application shall consist of:
(1) The application form with all applicable information
included on the form.
(2) The additional information, reports, dimensioned
drawings and other material required with application form.
(3) A description of how the proposed project or
requested action is consistent with the goals, objectives,
policies, programs, and other provisions of the adopted
General Plan.
(4) Payment in full of the required fee for processing
the application.
Deleted:
(e)
(d) An application determined to be complete pending
payment of the required filing fee shall be processed
pursuant to Part 9.04.20.22 only upon payment of the
required filing fee.
Deleted:
(f)
(e) If an application is deemed incomplete, the Zoning
Administrator shall transmit to the applicant in writing the
reason for the determination and shall list the information
that must accompany a resubmitted application. An
incomplete application shall be deemed withdrawn if the
information requested is not received by the Zoning
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Administrator within 30 days of the date the written
determination of incompleteness is mailed.
Deleted:
Within 30 days of receiving
a resubmitted application, t
(g) The Zoning Administrator shall determine in
writing the completeness of the resubmitted application and
transmit the determination to the applicant. If deemed
complete, the applicant may pay the required filing fee(s)
and the resubmitted application shall be processed pursuant
to Part 9.04.20.22. If the application is deemed to be
incomplete, the applicant shall be noticed pursuant to this
Deleted:
shall
subsection and the application may be deemed withdrawn.
Deleted:
T
If deemed withdrawn, the applicant may file a new
application or appeal the determination of incompleteness to
the Planning Commission pursuant to Part 9.04.20.24.
(h) If the Zoning Administrator fails to make a timely
determination as to completeness of an application, or
Deleted:
within the 30 day time
period provided for in this Section,
resubmitted application, the application shall be
automatically deemed complete. Applications that are
deemed complete shall be processed pursuant to Part
9.04.20.24 upon payment in full of the required filing fee. The
applicant and the Zoning Administrator may mutually agree
in writing to extend these time periods.
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(i) The time periods for processing any applications
under this Chapter shall commence upon the date the
application has been determined to be complete.
SECTION 5. Santa Monica Municipal Code Section 9.04.20.22.040 is hereby
amended to read as follows:
Section 9.04.20.22.040 Public hearing date.
A public hearing on any application shall be
scheduled before the Zoning Administrator, or Planning
Commission in accordance with the Permit Streamlining Act,
Government Code Section 65920 et. seq. or any successor
Deleted:
no later than 60 days from
the date any application is deemed
complete, or in the case of an
legislation thereto.
application requiring preparation of an
Initial Study or Environmental Impact
Report, no later than 60 days from the
date the public comment period
SECTION 6. Santa Monica Municipal Code Section 9.04.20.22.100 is hereby
closes
amended to read as follows:
Section 9.04.20.22.100 Time limit for approving
applications.
Deleted:
For projects that require the
preparation and certification of an
Final action on an application for the project shall be
Environmental Impact Report, f
taken in accordance with the Permit Streamlining Act,
Government Code Section 65920 et. seq. or any successor
Deleted:
within one year of the date
the application was accepted as
complete. For projects that require
legislation thereto.
the adoption of a Negative
Declaration, final action on an
application for the project shall be
taken within six months of the date
the application was accepted as
complete.
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SECTION 7. Santa Monica Municipal Code Section 9.04.20.26.040 is hereby
amended to read as follows:
Section 9.04.20.26.040 Hearings and notice.
Subject to the provisions of Section 9.04.20.22.020,
upon receipt in proper form a variance application, a public
Deleted:
not less than ten days nor
more than sixty days after the
hearing before the Zoning Administrator shall be set in
application is determined to be
complete,
accordance with the Permit Streamlining Act, Government
Code Section 65920 et. seq. or any successor legislation
thereto, and notice of such hearing shall be given to all
property owners and tenants within three hundred feet of the
exterior boundaries of the property involved in a manner
consistent with Part 9.04.20.22.
SECTION 8. Santa Monica Municipal Code Section 9.04.20.28.020 is hereby
amended to read as follows:
Section 9.04.20.28.020 Permit required.
An Administrative Approval, approved by the Zoning
Administrator, shall be required for all new construction and
new additions to existing buildings of more than one
thousand square feet of floor area located in residential and
non-residential zoning districts, not otherwise subject to
discretionary review and shall be issued prior to issuance of
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any Building Permit for the development except that new
single-family homes or additions thereto in any zoning
district shall not be subject to this requirement if such
development is not otherwise subject to discretionary
approval. A public hearing shall not be required for issuance
of an Administrative Approval. An application for an
Administrative Approval shall be in a form prescribed by the
Zoning Administrator and shall be filed with the Planning and
Deleted:
pursuant to Part 9.04.20.20
Zoning Division .
The Zoning Administrator shall issue an
Administrative Approval if the proposed development
conforms precisely to the development standards for the
area and does not require discretionary review or approval
as outlined in this Chapter. The Zoning Administrator shall
deny the Administrative Approval only if the development is
not in compliance with the development standards for the
area as outlined in this Chapter.
Deleted:
sixty
The Zoning Administrator shall within ninety calendar
Deleted:
of
days after a complete application has been filed , prepare a
Deleted:
deeming the application
complete
written decision which shall contain the findings of fact upon
which such decision is based. A copy of the decision shall be
mailed to the applicant at the address shown on the
application within ten days after the decision is rendered.
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SECTION 9. Santa Monica Municipal Code Section 9.04.20.32.040 is hereby
amended to read as follows:
Section 9.04.20.32.040 Hearings and notice.
Subject to the provisions of Section 9.04.20.22.020,
upon receipt in proper form of a Yard Modification Permit
Application, a public hearing before the Zoning Administrator
Deleted:
not less than ten days nor
more than sixty days after the
shall be set in accordance with the Permit Streamlining Act,
application is determined to be
complete,
Government Code Section 65920 et. seq. or any successor
legislation thereto, and notice of such hearing shall be given
to all property owners and tenants within three hundred feet
of the exterior boundaries of the property involved in a
manner consistent with Part 9.04.20.22.
SECTION 10. Chapter 9.64 is hereby added to the Santa Monica Municipal
Code to read as follows:
Chapter 9.64
CITY COUNCIL CEQA APPEALS
Any person may appeal to the City Council from the
decision of a nonelected decisionmaking body of the City to
certify an environmental impact report, approve a negative
declaration or mitigated negative declaration or determine
that a project is not subject to Public Resources Code
17
Section 21080 et seq. (California Environmental Quality Act)
if that decision is not otherwise subject to further
administrative review. Any such appeal must be filed with
the Secretary of the nonelected decisionmaking body within
fourteen consecutive calendar days of the date that the
decision is made. The appellant shall state the specific
reasons for the appeal on an appeal form prepared by the
City. The appeal must be accompanied by the required filing
fee.
SECTION 11. 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, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 12. 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.
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SECTION 13. 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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