Loading...
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. 1 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. 2 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. 3 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 4 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 5 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 6 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 7 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. 8 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: 10 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. 11 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 12 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. 13 (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. 14 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 15 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. 16 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. 18 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 19