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SR-820525-8A_r, ;~ a i,,e2 `CA:RMM:r 'City Council Meeting 5-25-82 Santa Monica, California r' STAFF REPORT TO: Mayor and City Council FROM: City Attorney SUBJECT: Ordinance Extending With Modifications the Interim Permit Procedures INTRODUCTION On September 1, 1981, the City Council adopted Ordi- nance Number 1220 (CCS) establishing interim permit pro- cedures. Pursuant to Section 7, Ordinance Number 1220 (CCS) expires on July 1, 1982. Because the planning process has not been completed, this staff report recommends an extension of the interim permit procedures with certain modifications. ANALYSIS On April 22, 1981, the City Council adopted an emer- gency ordinance establishing a moratorium in the City of Santa Monica. The Emergency Building Moratorium expired on October 1, 1981. On September 1, 1981, the City Council established interim permit procedures by the adoption of Ordinance Number 1220 (CCS). This ordinance lifted the moratorium and has resulted in numerous projects proceeding with the approval of the Planning Commission. MA`s 2 5 i982 On October 27, 1981, the City Council adopted Resolu- tion Number 6385 (CCS). This resolution indicated the in- tention of the City Council to change zoning and established guidelines for decision-making under the interim permit procedures. Parts of Resolution Number 6385 (CCS) establish- ing interim development fees were preliminarily enjoined in United Brotherhood of Carpenters v. City of Santa Monica. During the period of the moratorium and interim permit procedures, considerable progress has been made in evaluating various long-term planning proposals. A draft housing ele- ment has been completed and is currently before the Planning Commission. In addition, the Planning Commission has held a number of public hearings on the zoning proposals contained in Resolution Number 6385 (CCS) and the recommendations of the Commercial and Industrial Task Force, the Residential Task Force and the Permit Process and Neighborhood Planning Task Force. The complexity of many of the proposals has dictated that careful study rather than quick action guide the plan- ning process. Thus, because of careful scrutiny of an envir- onmental impact report, the housing element has not yet been forwarded to the City Council for action. It is anticipated that the housing element will be forwarded to the City Council in June. Many of the public hearings in response to Resolution Number 6385 (CCS) have resulted in thoughtful comments being made by the public and by such groups as the Chamber of -2- Commerce. The Planning Commission has expressed legitimate concern that it does not have all of the information neces- sary to evaluate the rezoning recommendations. The process before the Planning Commission has high- lighted a major problem in proceeding with rezoning. As the City Council is aware, a fundamental land use concept is that zoning should be in conformity with the general plan. A carefully developed general plan should form the foundation for zoning implementation. In the past few years, considerable effort has been directed toward development of a housing element of the general plan. Once adopted, the housing element will provide the support necessary for a variety of housing programs. Although the housing element is a central part of the general plan, it is only one of nine elements mandated by Government Code Section 65302. An equally important element of the general plan is the land use element. Government Code Section 65302(a) describes the required features of a land use elements A land use element which designates the proposed general distribution and general location and extent of uses of the land for housing, business, industry, open space, including agri- culture, natural resources, recre- ation, and enjoyment of scenic beauty, education, public buildings -3- and grounds, solid and liquid waste disposal facilities, and other cate- gories of public and private uses of land. The land use element shall include a statement of the standards of population density and building intensity recommended for the various districts and other territory covered by the plan. . The City's land use element was adopted in 1958. It has not been comprehensively reviewed or revised since its initial adoption over 25 years ago. In the past, the Plan- ning Department started to revise the land use element consistent with City Council action on July 8, 1975, adopting General Plan Goals and Objectives. However, limited planning resources have prevented substantial progress toward adoption of a revised land use element. After much thought, it is the opinion of the City Attorney that the best way to implement land use changes and support them should litigation be commenced is through adop- tion of a revised land use element. Once the new land use element is adopted, zoning changes can be adopted as a logical step in bringing zoning into consistency with the general plan. During the pendency of revising the land use element, it is appropriate to continue interim permit procedures in place. The problems that the City Council confronted last -4- year in adopting an emergency building moratorium were the consequence of planning and zoning laws failing to keep pace with the needs and desires of the community. During the last year, the City has made rapid strides toward modernization of its land use policies and ordinances. The long-awaited adoption of the housing element will satisfy an important requirement of state law. The City has also recently undertaken a series of studies on development fees. Once completed, the foundation will be established for any development fee program the City Council desires to imple- ment. Likewise, the adoption of a revised land use element will lay the foundation for any major zoning changes the City Council desires to adopt. The accompanying ordinance proposes to extend the interim permit procedures established by Ordinance Number 1220 (CCS) with a number of modifications. The following is a section-by-section analysis of the proposed ordinance: Section 1. Section 1 contains the findings and purpose for extending interim permit procedures. Section 2. Section 2 continues the prohibition against approval of tentative subdivision maps and continues the pro- hibition against extension of tentative subdivision maps. Because the City does not have a housing element meeting the requirements of Government Code Section 65302(c), it is the opinion of the City Attorney that this section is legally required. As soon as the housing element is adopted, this section will be of no further force or effect. -5- Section 3. Section 3 directs the preparation of a revised land use element. In so doing, the section indicates that the proposals for rezoning contained in Resolution Num- ber 6385 (CCS) shall be considered in revising the land use element. The section also indicates that Resolution Number 6385 will no longer operate as a resolution of intention to change zoning. Section 4. Section 4 specifies the development that can occur after July 1, 1982, without an interim development permit. A development may proceed without an interim devel- opment permit if it falls within one of the 13 categories specifically set forth in Section 4. The following develop- ments are specifically set forth: 1. All building activity permitted under the Municipal Code in the R-1 District and any remodeling of one-family dwellings in any other district. 2. Rental housing for persons and families of low and moderate income or senior citizens that is subsidized by federal or state housing assistance programs or owned by a religious or other non-profit organization. 3. Alterations of any building or structure unless the total gross floor area of the building will be enlarged by greater than 10~. 4. Condominium conversions for which a final subdivi- Sion map has been issued prior to October 1, 1981, and for which approval has been obtained from the Santa Monica Rent Control Board. -6- 5. Public works projects. 6. Signs. 7. Developments for which a vested right determination is granted under the ordinance. 8. Developments for which a vested right or hardship was granted under the Emergency Building Moratorium or Ordi- nance Number 1220 (CCS), provided that the building permit for such development has not expired pursuant to the provi- sions of the Building Code. 9. Developments for which a building permit was law- fully obtained during the period of the Emergency Building Moratorium provided that the building permit for such devel- opment has not expired pursuant to the provisions of the Building Code. 10. Developments for which an exemption determination was made by the City Council in connection with a housing authority agreement under Section 3(b) of the Emergency Building Moratorium provided that the building permit for such development has not expired pursuant to the provisions of the Building Code. 11. Developments for which a development agreement is approved by the City Council or for which an interim develop- ment permit was granted under Ordinance Number 1220 (CCS). 12. A change of use that does not involve more than $ 100,000 in improvements or renovations and which is determined by the Planning Director to be consistent with the purposes of the ordinance. (This is a significant change from Ordinance Number 1220 (CCS) and will eliminate a large number of hearings before the Planning Commission.) 13. Any residential development for which a tentative subdivision map is approved after adoption of a revised -7- housing element. Section 5. Section 5 indicates that various permits may only be issued for developments authorized under Sections 3 and 6 of the ordinance. Section 6. Section 6 identifies the interim permit procedures established by the ordinance. Developments not specifically identified in Section 3 of the ordinance may proceed by making application to the Planning Director. The application is thereafter set for public hearing before the Planning Commission which can approve, disapprove, or con- ditionally approve the application. The decision of the Planning Commission may be appealed to the City Council. (The Interim Permit Procedure is similar to the site review procedure currently required for developments in certain districts of the City.) The Planning Commission, or the City Council on appeal, may approve a permit if it makes the following findings: 1. The development is consistent with the findings and purpose of the ordinance. 2. The existing and/or proposed rights-of-way for both pedestrian and automobile traffic will be adequate to accom- modate the anticipated results of the proposed development including off-street parking facilities and access thereto. 3. The existing and/or proposed public and/or private health and safety facilities (including, but not limited to, sanitary, sewers, storm drains, fire protection devices, protective services, and public utilities) will be adequate -8- to accommodate the anticipated results of the proposed devel- opment. 4. The proposed plans comply with existing regulations contained in the Municipal Code. 5. The proposed development will not prejudice the ability of the City to prepare a revised land use element. A development will not prejudice the ability of the City to adopt a revised land use element if the development is in substantial compliance with Resolution Number 6385 (CCS). (This finding is similar to a finding the regional and state coastal commissions were required to make under the Coastal Act of 1976.) Under the proposed ordinance, the Planning Commission has more flexibility than it did under Ordinance Number 1220 (CCS). Under Ordinance Number 1220 (CCS), the Planning Commission was required to make a consistency finding with resolutions adopted by the City Council. Under the proposed ordinance, the Planning Commission is required to find that a proposed development will not prejudice the ability of the City to adopt a revised land use element. As the ordinance indicates, a development will not prejudice the ability to adopt a revised land use element if the development is in substantial compliance with Resolution Number 6385 (CCS). The concept of substantial compliance gives the Planning Commission grater flexibility while ensuring that the goals and objectives of the City Council and its citizen task forces are met. -9- Section 7. Section 7 contains a vested rights procedure. Only someone eligible for a vested right under the Emergency Building Moratorium would be entitled to a vested right determination under the new ordinance. Section 8. Section 8 incorporates the notification and fee procedures adopted by Ordinance Number 1230 (CCS) for interim permit procedures applications. Sections 9-11. Sections 9, 10, and 11 are the standard sections of any ordinance. ALTERNATIVES The principal alternatives available to the City Coun- cil are: 1. Adopt the accompanying ordinance with such modifi- cations as the City Council desires. 2. Take no action and allow Ordinance Number 1220 CCS) to expire. Of the two available alternatives, the adoption of the accompanying ordinance is best suited to accomplishing the objectives of the City Council in adopting the Emergency Building Moratorium and Ordinance Number 1220 (CCS). -10- RECOMMENDATION It is respectfully recommended that the accompanying ordinance be introduced for first reading. PREPARED BY: Robert M. Myers, City Attorney -11- CA:RMM:r City Council Meeting 5-25-82 ORDINANCE NUMBER Santa Monica, California (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA EXTENDING WITH MODIFICATIONS INTERIM DEVELOPMENT PROCEDURES 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) The City's zoning, planning, subdivision, and building regulations are under comprehensive review and revi- Sion in order to ensure that development is consistent with the public peace, health, and safety. (b) There exists within the City a housing crisis because of the serious shortage of housing affordable by per- sons and families of low and moderate income. New housing developments in the City have committed scarce land resources to providing luxury housing unaffordable to most residents of the City. (c) The new jobs created by commercial developments in the City have aggravated the housing crisis by generating additional demands on the limited supply of housing. (d) The City adopted a housing element pursuant to Government Code Section 65302(c) on December 16, 1975. The housing element has not been revised even though the Califor- nia Department of Housing and Community Development found on April 26, 1976, that the housing element failed to comply with state law. In addition, the housing element does not meet the guidelines adopted by the California Department of Housing and Community Development on December 7, 1977, and located in Subchapter 3 (commencing with Section 6300) of Chapter 6 of Part 1 of Title 25 of the California Administra- tive Code. (e) State planning law requires-that all cities adopt a housing element meeting the requirements of Government Code Sections 55580-89 on or before October 1, 1981. Although this deadline is past, the City is diligently proceeding with revising its housing element to meet these requirements. (f) Commercial and residential development in the City has not taken into account the demand for additional police and protective services, traffic, energy conservation, sewage capacity, and the interests of adjoining residential neigh- borhoods. (g) The industrial base of the City has been diminish- ing as already scarce industrial land is being rapidly devel- oped with commercial uses. (h) On April 22, 1981, the City Council adopted Ordinance Number 1205 (CCS) creating an Emergency Building Moratorium on commercial and residential development. On -2- April 28, 1981, the City Council adopted Ordinance Number 1207 (CCS) readopting the Emergency Building Moratorium with amendments. The Emergency Building Moratorium expired on October 1, 1981. (i) Three citizen task forces have made detailed re- commendations to the City Council on residential development, commercial and industrial development, and permit processing. The reports recommend substantial changes in various planning and zoning requirements to ensure that development is con- sistent with the public peace, health, and safety. (j) On Sepember 1, 1981, the City Council adopted Ordinance Number 1220 (CCS) establishing interim permit procedures. The interim permit procedures have ensured that development is consistent with the public peace, health, and safety. (k) On October 27, 1982, the City Council adopted Resolution Number 6385 (CCS) declaring its intention to change the zoning. (1) The Planning Commission has held numerous hearings on the proposed zoning changes. As a result of these hear- ings, it is apparent that the rezoning anticipated by Resolu- tion Number 6385 (CCS) cannot be completed without additional studies. (m) The City has undertaken a study on the impact of commercial development and is studying development fees and exactions. (n) The land use element of the general plan was -3- adopted in 1958 and has not been amended or revised. In order to ensure that zoning is consistent with the needs of community, it is necessary and desirable to revise the land use element of the general plan so that it is consistent with current land uses and reflects community needs for a balanced community in the future. (o) Pending completion of these studies, it is impor- tant that development procedures ensure that development is consistent with the public health, safety and welfare, the orderly development of the community, and the economic stability of the community. SECTION 2. Subdivisions. Until such time as the City Council adopts a revised housing element: (a) No application for approval of a Tentative Tract or Parcel Map shall be accepted for processing. (b) Pursuant to Government Code Section 66473.5, no Tentative Tract or Parcel Map for which application has been made shall be approved. (c) No extension of any Tentative Tract or Parcel Map shall be granted pursuant to Government Code Section 66452.6. SECTION 3. Land Use Element. The Planning Department and Planning Commission shall prepare a revised land use element of the General Plan. The proposals for zoning changes contained in Resolution Number 6385 (CCS) shall be considered in, but shall not limit, the revision of the land use element. Resolution Number 6385 (CCS) shall no longer -4- operate as a resolution of intention to change zoning. SECTION 4. Development Permitted. The following development is permitted in the City of Santa Monica without a development permit under Section 6; (a) The erection, construction, enlargement, demolition, or moving of, and excavation and grading for, any one-family dwelling in the R-1 One-Family Residential Dis- trict and the alteration, repair, improvement of, enlarge- ment, or addition to any one-family dwelling in any other district. (b) The erection or construction of, and excavation and grading for, any multiple dwelling intended as rental housing for persons and families of low or moderate income or for senior citizens, which is financed by any federal or state housing assistance or owned by any religious or other non-profit organization. (c) The alteration, repair, improvement of or addition to, any building or structure, unless the total gross floor area of the building or structure will be enlarged by greater than 10~. {d) The conversion to condominiums of any multiple dwelling that has a final subdivision map prior to October 1, 1981, and has received either a removal permit or a vested rights determination from the Santa Monica Rent Control Board. (e) Public works projects of the City of Santa Monica. -5 - (f ) Signs. (g) The erection, construction, enlargement, demoli- tion, moving, or conversion of, and excavation and grading for, any building or structure for which a vested right determination is obtained pursuant to Section 7 of this ordinance. (h) The erection, construction, enlargement, demoli- tion, moving, or conversion of, and excavation and grading for, any building or structure for which a vested right determination or hardship was obtained under the Emergency Building Moratorium or Ordinance Number 1220 (CCS), provided that the conditions imposed in making any such determination are satisfied and provided that the building permit has not expired pursuant to the provisions of the Building Code of the City of Santa Monica. (i) The erection, construction, enlargement, demoli- tion, moving, or conversion of, and excavation and grading for, any building or structure for which a building permit was lawfully issued between April 23, 1981, and September 30, 1981, or for which an exemption was provided by Section 3(e) of Ordinance Number 1205 (CCS) or Ordinance Number 1207 (CCS), provided that the building permit has not expired pursuant to the provisions of the Building Code of the City of Santa Monica. (j) Any project for which an exemption determination was made under Section 3(b) of Ordinance Number 1205 (CCS) or Ordinance Number 1207 (CCS), provided that the building per- mit has not expired pursuant to the provisions of the -6- Building Code of the City of Santa Monica. (k) The erection, construction, enlargement, demoli- tion, moving, or conversion of, and excavation and grading for, any building or structure for which a development agreement is approved by the City Council or for which an interim development permit was granted under Ordinance Number 1220 (CCS). (1) A change of use that does not involve more than $ 100,000 in improvements or renovations and which is deter- mined by the Director of Planning to be consistent with the purposes of this ordinance. (m) The erection, construction, enlargement, demoli- tion, moving, or conversion of, and excavation and grading for, any residential building or structure for which a tenta- tive subdivision map is approved after the date of adoption of this ordinance in conformity with the revised housing element to be adopted. SECTION 5. Permits Authorized. No demolition permit, building permit, or other permit, including Architectural Review Board approval but excluding Final Tract Map approv- al, shall be issued for any development not specifically authorized by Sections 4 or 6 of this ordinance. No building permit issued prior to April 22, 1981, for which stop work orders are in effect shall be valid unless such development is permitted pursuant to Sections 4 or 6 of this ordinance. SECTION 6. Permit Procedure. The erection, con- struction, enlargement, demolition, moving, change of use, or conversion of, and excavation and grading for, any building or structure not authorized by Section 4 of this ordinance may be approved, disapproved, or conditionally approved under -7- the following procedures: (a) Application for the approval of a development under this Section shall be made with the Planning Director. Upon receipt of such application, the Planning Director shall require such additional copies, materials or information as may be necessary for proper evaluation thereof, and shall place the matter before the Planning Commission at the earliest practicable meeting thereof. The matter shall be set for public hearing in accordance with the provisions of Santa Monica Municipal Code Section 9148. (b) Following review and evaluation, the Planning Commission or the City Council upon appeal or review shall approve, disapprove, or conditionally approve each applica- tion and require that written notice of such determination be communicated to the applicant and appropriate city offi- cials. (c) In approving or conditionally approving any appli- cation, the Planning Commission or City Council upon appeal or review shall find that: (1) The development is consistent with the findings and purpose of this ordinance. (2) The existing and/or proposed rights-of-way for both pedestrian and automobile traffic will be adequate to accommodate the anticipated results of the proposed development including off-street parking facilities and access thereto. (3) The existing and/or proposed public and/or -8- private health and safety facilities (including, but not limited to, sanitary, sewers, storm drains, fire protection devices, protective services, and public utilities) will be adequate to accommodate the anticipated results of the proposed development. (4) The proposed plans comply with existing regulations contained in the Municipal Code. (5) The proposed development will not prejudice the ability of the City to adopt a revised land use element. A proposed development will not prejudice the ability of the City to adopt a revised land use element if the development is in substantial compliance with Resolution Number 6385 (CCS). (d) In making its determination, the Planning Commis- sion or the City Council upon appeal or review may attach such conditions as it deems necessary to assure that the criteria set forth in subdivision (c) of this section are accomplished, including, but not limited to, the establish- ment of height limits, permitted uses, bulk"limits, setbacks and parking requirements and the requirement of dedications for necessary or planned right-of-way or improvement. In imposing conditions, the Planning Commission or the City Council on appeal shall specifically consider the relation- ship between the benefit conferred on the City and the burden on the public created by the development. -9- (e) The approval, disapproval, or conditional approval by the Planning Commission of any application under this section may be appealed or reviewed in the manner set forth in Santa Monica Municipal Code Section 9148. SECTION 7. Vested Rights Process. (a) Any person claiming a vested right to be exempt from Section 6 of this ordinance must substantiate the claims in a proceeding under this section. In such a proceeding, the person seeking the vested right shall have the burden of proof. (b) Claims of vested rights shall be determined by the City Council based upon staff recommendations. Claims shall be filed on a form approved by the City Attorney. The City Council shall, within 45 days of the date of filing of a claim, determine whether to grant, deny, or refer the claim to a hearing examiner for such determination as the City Council deems necessary. A claim referred to a hearing examiner shall be decided by the City Council not later than the adjournment of the second regular City Council meeting thereafter. Decisions of the City Council shall be review- able by writ of mandamus, subject to the 90 day time limita- tion set forth in Santa Monica Municipal Code Section 1400. (c) A vested right determination can be granted only if the claimant can demonstrate that it would have been granted a vested right determination from the Emergency Building Moratorium adopted on April 22, 1981, had it applied -10- for such a determination. SECTION 8. Notice and Application Fees. Notice and application fees for hearings and appeals pursuant to Section 6 of this ordinance shall be in accordance with Ordinance Number 1230 (CCS). SECTION 9. Expiration, This ordinance shall remain in effect until 90 days after the date the City Council adopts a revised land use element after which time it shall be of no further effect and shall be deemed repealed. SECTION 10. Inconsistent Provisions. Any provision of the Santa Monica Municipal Code or appendices thereto incon- sistent 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 affect the provisions of this ordinance. SECTION 11. Severability. 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 the 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. -11- SECTION 12. Execution. 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. The ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: ~ ~l ROBERT M. MYERS City Attorney -12-