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Council Mtg: October 17, 1989
Santa Monica, California
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TO: Mayor and City council
FROM: City staff
SUBJECT: Recommendation to Introduce Ordinance for First Reading
Amending Ordinance 1481 to Create Exemption Thresholds
for Small Projects in the BCD and RVC Districts
INTRODUCTION
This report recommends that the city council introduce for first
reading an ordinance amending the commercial development
moratorium ordinance to create small-project exemption thresholds
for projects in the BCD (Broadway Commercial District) and RVC
(Residential-Visitor Commercial District) districts. Because of
an oversight, no small project exemption thresholds were
established for these zones,
effectively prohibiting all
development within them, unlike the other non-residential zones
of the City.
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BACKGROUND
On May 23, 1989, the City Council adopted Ordinance 1481, which
established a moratorium on applications for major new
non-residential development in most of the city (Attachment nAn).
Section 3(c) of the ordinance sets small project exemption
thresholds at approximately 75% of the development review
thresholds of the Zoning Ordinance for all the non-residential
districts of the city, with two exceptions:
the BCD and RVC
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OCT l 7 1989
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zones. These zones were inadvertantly omitted. Thus, projects
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of up to 22,000 sq. ft. or less can be processed in several
zones, but no project of any size can be processed in the BCD or
RVC zones.
The lack of a small project exemption for the BCD and RVC zones
creates an inequity relative to the city I s treatment of other
non-residential zones: therefore, consistent with the methodology
used to set the existing thresholds, staff is recommending the
inclusion of exemption thresholds of 11,000 sq. ft. for RVC zone
projects on the Promendade, and 22,000 sq. ft. for all other
areas of that district, and 16,000 sq. ft. for the BCD zone.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any
budget or fiscal impact.
RECOMMENDATION
It is respectfully recoIlUtlended that the City Council introduce
for first reading the attached ordinance (Attachement tlB")
amending Ordinance 1481 to create small project exemption
thresholds in the BCD and RVC zones.
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Prepared by: D. Kenyon Webster, Principal Planner
Paul Berlant, Director of Planning
Attachments: A) Ordinance 1481
B) Ordinance for Introduction and First Reading
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CA:RMM:11639/hpc
city Council Meeting 10-17-89
Santa Monica, California
ORDINANCE NUMBER
(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 L 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 involving
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.
(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:
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C-2
Neighborhood Commercial
8,000
C-3
Downtown
22,000
C3C
Downtown Overlay
22,000
C-4
Highway Commercial
18,000
C-5
Special Office
22,000
C-6
Boulevard Commercial
22,000
eM
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 project 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.
(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.
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(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
Plann1ng 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 proj ect shall be
deemed complete as of May 2, 1989, so long as the Planning
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
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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.
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
withln 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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