Loading...
SR-120484-8A (2) e e CA:RKM:JSH:jhintor7 CIty CouncIl Meeting 12-4-84 Santa Monica, CalIfornIa i-A STAFF REPORT Dte 0 4 1984 TO: Mayor and Clty CouncIl FROM: City Attorney SUBJECT: Ordinance ImplementIng an Interim Development Permit Procedure Pending Revlsions to the Zoning Ordinance to Comply WIth the General Plan In conJunctIon with the adoptIon of the Land Use and CIrculation Elements of the General Plan on October 23, 1984, the City Council dIrected the City Attorney to prepare an ordinance establishing InterIm development procedures pending adoption of a revIsed zoning ordinance. In response to this direction, the accompanYing ordinance has been prepared and IS presented for City Council consideration. OrdInance Number 1251 (CCS) WhICh creates the eXIsting development permIt process Will expIre by Its own terms 90 days from October 23, 1984, which IS when the City Council adopted the revIsed Land Use and Circulation Elements of the General Plan. Accordingly, the Clty Council dlrected the preparatIon of an ordInance establIshIng Interim development procedures pendIng comprehensive reVISIons to the zoning ordInance. The followIng is a sectIon by sectIon analysIs of the proposed ordinance: 1 ~-fl DEe 0 4 1" e e SectIon 1. ThIS sectIon sets forth the fIndIngs and purpose of the proposed ordInance. Section 2. ThIS sectIon sets forth the classes of development WhICh wIll be exempt from the proposed InterIm permit process. These classes Include the followIng: (a) Single dwellIngs provIded they do not exceed 30 feet in the R1 DIstrIct. (b) MultIple lImItatIons: 1. The DIrector of PlannIng determInes that the development is consistent wIth the General Plan and the ZonIng Ordinance. ThIS determInatIon will be done on an dwellIngs subJect to the followIng adminIstrative level. 2. FInal desIgn plans are revIewed by the ARB. 3. FInal parkIng lot plans are revIewed by the ParkIng and TraffIc EngIneer. 4. Development complies wIth applicable bUIldIng codes and energy conservatIon requIrements regardIng openable WIndows. 5. A bUIldIng permIt shall be obtaIned WIthIn one year from the day the DIrector of Planning determines that such development may proceed pursuant to thIS subsectIon. (e) Government aSSIsted housIng. (d) Changes of use which conform to the General Plan and ZonIng Ordinance. A development permIt shall be reqUIred for any auto parts and repaIr shops, 24 hour uses, fast food establIshments, entertainment uses, VIdeo arcades, restaurants 2 e e with more than over 50 seats, or alcohol outlet whIch requires a condItIonal use permIt pursuant to OrdInance Number 1319 fCCS). (e) ModIfIcatIons to eXIstIng non-resIdentIal structures subject to the fOlloWIng limItatIons: 1. Floor area being added does not exceed 10,000 square feet. A development permit shall be reqUIred for a 10\ addition to any of the class of eXIsting uses WhICh are enumerated In Section 3(d) above. 2. The development IS conSIstent WIth the General Plan and ZonIng OrdInance 3. FInal deSIgn plans are reVIewed by the ARB. 4. FInal parking lot plans are reviewed by the Pa~king and TraffIC EngIneer. 5. Compliance WIth applIcable bUIlding and energy conservation codes regardIng openable WIndows 6. ComplIance WIth Ordinance Number 1242 (CCS) regardIng street trees. 7. Street and alley lIghtIng shall be prOVIded per speCifIcations of the General Services Department. 8. On-site parkIng shall be prOVIded WIthout cost to bUIldIng employees when necessary to comply with the Land . Use and CIrculation Elements. 9. A securIty plan shall be approved by the Chief of PolIce prIor to the Issuance of a CertIfIcate of Occupancy when necessary to comply with the Land Use and Circulation Elements 3 e e 10. Compllance wlth standard Planning Department condltions manner of requIrements regarding placement of nOlse-generatIng equlpment, conductIng operatIons, complIance wIth legal for the dlsabled, and a One year lImIt on the rIght to exerCIse thIS class of exemption. (f) New non-resIdentIal proJects prOVIded the net total gross floor area does not exceed 15,000 square feet and the project complIes wIth the condltlons set forth In subsection (e) above. (g) PrevIously proved conversIons, subdiVISIons WhICh comply wIth the current HOUSIng Element, tenant partIcipatIng conversions, proJects wIth currently valId bUildIng permIts, projects approved pursuant to OrdInance Number 1251 (CCS), development agreements, and other mIscellaneous mInor proJects. SectIon 3. No demolition permit, bUIldIng permit, business lIcense or other permIt shall be Issued by any agency of the City unless the proposed actiVIty complIes with thIS proposed ordInance. Sectlon 4 The development permIt procedure IS substantially SImIlar to that set forth In OrdInance Number 1251 (CCS). The Director of Planning shall notIce a publiC hearIng before the PlannIng CommissIon In accordance WIth ZonIng OrdInance SectIon 9148. The deciSIon of the PlannIng CommIssIon shall be In wrItIng and IS appealable to the CIty Council The Planning Commission or City Council may attach 4 e e conditions of approval to ensure that the proposed development complies with the proposed ordinance. In approving development, the Planning CommiSSion, or CIty Council on appeal, shall make the follow1ng written f1ndings: (a) The development 15 cons1stent w1th the General Plan, Zon1ng Ordinance and the f1nd1ngs and purpose of the proposed ordinance. (b) The locatIon, Slze and placement of the development 1S compatible with the surrounding neighborhood. (c) The proposed development w1ll prov1de adequate pedestr1an and automob1le facilities, includlng off-street parlong. (d) Publ1C and/or prIvate health and safety fac1lities w1ll be adequate to prov1de for the proposed development. (e) The proposed development m1t1gates adverse environmental impacts 1dent1f1ed 1n environmental documents. (f) New general and med1cal offlce development over 15,000 square feet, and any addItIon of over 10,000 square feet to an eX1sting off1ce development, shall prov1de adequate ProJect M1tIgation Measures to meet the goals of the Land Use and Clrculatlon Elements or any subsequent Clty ordInance which further 1mplements the Land Use and Clrculation Elements. Sect10n 5. Thls sect10n reqUires that all not1ces and appl1cation fees shall comply w1th Ord1nance Number 1230 ( CCS) . 5 tit e SectIons E.-8. These sectIons are standard provisIons for the adoptIon of a CIty ordInance. The proposed ordInance has been revIewed for complIance with the CalIfornIa EnvIronmental Quality Act (CEQA). The proposed ordInance has been found to be wIthIn the General Rule ExemptIon from CEQA because the proposed ordInance does not change the standards for development currently In effect In the CIty and It can be seen with reasonable certaInty that the ImplementatIon of the proposed ordinance could not possIbly have a sIgnIfIcant effect on the environment. In addition, the City CouncIl has prevIously certified a comprehenSIve EnvIronmental Impact Report In conJunctIon WIth the adoptIon of the Land Use and CIrculatIon Elements. ThIS ErR exceeds the scope of potentIal development whIch can occur pursuant to thIS ordInance. RECOMMENDATION It IS respectfully recommended that the CIty CouncIl Introduce the attached ordInance for fIrst readIng. PREPARED BY: Robert M. Myers, CIty Attorney Jonathan S. Horne, Deputy CIty Attorney 6 e e CA:RMM:JSH:Jhintor4 C1ty Council Meeting 12-4-84 Santa Mon1ca, Cal1fornla ORDINANCE NUMBER (C1ty Councll Serles) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING INTERIM DEVELOPMENT PROCEDURES PENDING IMPLEMENTATION OF GENERAL PLAN AMENDMENTS THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. F1ndlnas and PUroose. The C1ty CouncIl f1nds and declares: (a) The Housing, Land Use and Clrculatlon Elements of the General Plan of the City of Santa Monlca have recently been substant1ally revIsed. (b) The C1ty'S planning and zoning regulat10ns are under comprehensIve reV1ew and reVlSIon 1n order to ensure that such regulatIons are consIstent wIth the General Plan as amended and consistent w1th the publIC peace, health, safety and welfare. (c) Pend1ng completIon of these revislons, it 1S 1mportant that development be conSIstent with the General Plan. (d) The existing InterIm Development process adopted pursuant to OrdInance Number 1251 (eCS) expires by 1ts own terms 90 days from October 23, 1984, the date on Wh1Ch the 1 e e CIty CouncIl adopted the revIsed Land Use and CIrculatIon Elements of the General Plan. SECTION 2 Develooment Permitted. The folloWing development is permitted in the City of Santa MonIca without a development permIt under SectIon 4: (a) Sinole DwellIngs ~nd Accessory BUlldlnqs. In any residentIal dIstrict, the erection, constructIon, enlargement, remodelIng, repair, demolition, or moving of, and excavatIon and gradIng for, any sIngle dwelling unit, or any accessory bUIldIng, except for new construction exceeding 30 feet in height In the Rl DIstrIct. (b) Multlole DwellIngs. In any resIdentIal dlstrlct~ the erectIon, constructIon, enlargement, remodelIng) repalr~ demolItIon, or moving of, and excavatIon and gradIng for, two or more residentIal units, prOVIded the DIrector of PlannIng determines that such development IS consIstent with the General Plan and the Zoning Ordinance subject to the follOWIng condItIons: (1) Plans for fInal deSign and landscapIng shall be subject to reVIew and approval by the ArchItectural ReView Board. (2) Final parkIng lot layout and speCIfIcatIons shall be subject to the review and approval of the Pa~klng and TraffIc EngIneer. throughout (3) Openable the project, windows shall be provided In a manner conSistent With 2 e e appl1cable requ1rements. (4) A bUilding permit shall be obtained within from the date the Director of Planning determines bUilding code and energy conservation one that year such development may proceed pursuant to this subsection. (c) Government Assisted Houslna. The erect10n or construction of, and excavat10n and grading for, any multiple dwelling intended for rental housing for persons of low or moderate income or for senior citizens and which 1S financed by any federal, state or C1ty housing ass1stance program or owned by any non-prof1t organization, provided the D1rector of Planning determines that such development IS In conformance with the General Plan and the Zoning Ordinance. (d) Changes of Use. Any change of use which the Director of Planning determines IS In conformance with the General Plan and Zoning Ordinance. A development permlt pursuant to Section 4 shall be requ1red for any gas station, auto repair shop, auto parts store, 24-hour market or other 24-hour use, fast food establishment, entertalnment use, Video arcade, restaurant With more than 50 seats, or alcohol outlet which requires a conditional use permit. (e) Modlflcations to Non-R~sidentlal and Mixed Use Projects. The relocation, enlargement, expansion, alteration, repair, Improvement, and excavation and grading fori any building or bUilding complex, prOVided the Director of Planning determlnes that such development IS conslstent 3 e e wIth the General Plan and ZonIng OrdInance subJect to the followIng conditIons: (1) The total gross floor area being added does not exceed 10,000 square feet of additIonal gross floor area. A development permIt under SectIon 4 shall be requIred for an expansIon of more than 10% of the eXIstIng floor area of any alcohol outlet, gas statIon, auto repaIr shop, auto parts shop, 24-hour market or other 24-hour use, fast food establishment, entertainment use, VIdeo arcade or restaurant over 50 seats. (2) Plans for fInal desIgn, landscapIng, trash enclosures, and sIgnage shall be subject to screening, review and approval by the ArchItectural ReVIew Board. The Architectural RevIew Board, In Its reVIew, shall pay partIcular attentIon to the project's pedestrian orientatIon and pedestrian amenItIes, scale and artIculatIon or desIgn elements, exterIor colors, textures and materials, window treatment, glaZIng and landscaping. (3) FInal parkIng lot layout and specIfIcatIons shall be subject to the reVIew and approval of the ParkIng and TraffIc Engineer. (4) Openable wIndows shall be provIded throughout the proJect In a manner conSIstent with applIcable bUIlding code and energy conservatIon reqUIrements. (5) Street trees shall be retaIned, relocated or provided as requIred by the CIty's Tree Code [Ordinance Number 1242 (CCS)), and In conformIty wIth the speCIfIcatIons 4. e e of the Department of RecreatIon and Parks and the Department of General Services. No street tree shall be removed wIthout the approval of the Department of RecreatIon and Parks. (6) Street and/or alley lightIng shall be provIded on publIC rIghts-of-way adJacent to the proJect In conformity WIth the specIfIcatIons of the Department of General Services. (7) On-sIte parkIng shall be made avaIlable WIthout cost to building employees when necessary to comply WIth the Land Use and CIrculatIon Elements. (8) A securIty plan shall be approved by the Chief of PolIce prIor to the Issuance of a CertifIcate of Occupancy when necessary to comply WIth the Land Use and CirculatIon Elements. (9) No nOIse such eqUIpment shall be reSIdential bUIldIngs. generatIng compressors or other placed adJacent to neIghboring (10) The operatIon shall at all tImes be conducted In a manner not detrImental to surrounding propertIes or resIdents by reason of lIghts, nOIse, activitIes, parkIng or other actIons. (11) A bUIldIng permIt shall be obtaIned WIthIn from the date the DIrector of PlannIng determInes development may proceed pursuant to this one year such that subsectIon (12) The development shall comply WIth all legal requIrements regardIng provisions for the dIsabled. 5 e e (f) New Non-Res1dent1al and M1xed Use ProJects. The erect1on, construct1on, demol1t1on or excavation and grad1ng for any bUllding or bUlldlng complex, prov1ded the D1rector of Plann1ng determines that such development is consistent wlth the General Plan and Zon1ng Ordinance sUbJect to the follow1ng condItIons: (1) The total gross floor area does not exceed 15,000 square feet. A development permIt under Section 4, In addition to any other entitlements for use requ1red by law, shall be required for any gas statlon, auto repair shop, auto parts store, 24-hour market or other 24-hour use, fast food establIshment, entertalnment use, v1deo arcade, restaurant wIth more than 50 seats, or alcohOl outlet WhICh reqUIres a conditional use permIt. (2) Plans for final des1gn, landscaplng} screen1ng, trash enclosures, and signage shall be subJect to review and approval by the Arch1tectural Review Board. The Architectural Rev1ew Board, In 1ts revlew, shall pay particular attention to the proJect's pedestrian orientation and pedestr1an amen1t1es} scale and artlculatlon or deSign elements, exter10r colors, textures and mater1als, wlndow treatment, glaZing and landscaplng. (3) Flnal parking lot layout and speclf1cations shall be subject to the review and approval of the Parking and Traffic Eng1neer. 6 e e (4) Openable wIndows shall be provided throughout the proJect In a manner consIstent WIth applIcable building code and energy conservatIon requIrements. (5) Street trees shall be retaIned, relocated or provIded as requIred by the CIty'S Tree Code (OrdInance Number 1242 (CCS)), and In conformIty wIth the specifIcatIons of the Department of RecreatIon and Parks and the Department of General SerVIces. No street tree shall be removed wIthout the approval of the Department of RecreatIon and Parks. (6) Street and/or alley lightIng shall be provided on publIC rIghts-of-way adJacent conformIty wIth the specIfIcatIons of General SerVIces. (7) On-SIte parkIng shall be made avaIlable wIthout cost to bUIldIng employees when necessary to comply wIth the Land Use and CIrculation Elements. to the proJect In the Department of (8) A securIty plan shall be approved by the Chief of PolIce prIor to the Issuance of a CertIficate of Occupancy when necessary to comply with the Land Use and CirculatIon Elements. (9) No noise such equIpment shall be reSIdential bUIldIngs. generatIng compressors or other placed adJacent to neIghborIng (10) The operation shall at all times be conducted propertIes In a manner not detrImental to surroundIng or residents by reason of lIghts, nOIse, activitIes, parkIng or other actIons. 7 e e one that year such (11) A bUIldIng permIt shall be obtaIned within from the date the Director of PlannIng determines development may proceed pursuant to thIS subsection. (12) The development shall comply with all legal reqUirements regardIng prOViSions for the disabled. (g) Previouslv A~oroved Conv~rsions The converSion to condomIniums or other form of subdivided ownership for any multiple dwelling that has a final subdiviSion map approved prior to October 1, 1981, and has received either a removal permit or vested rlght determination from the Santa Monica Rent Control Board. (h) SubdiViSIons. The erection, construction, enlargement, demolitIon, mOVIng, or conVerSIon of, and excavation and grading for, any reSidential building or structure for which a tentative subdiVISIon map IS approved subsequent to January 25, 1983, In conformity With the HOUSing Element adopted on such date. (i) Tenant PartIci~ating ConverSions. The converSion of any reSidential bUIldIng pursuant to Article XX of the City Charter. (J) Project~ WIth Currently Valid BUilding Permits. The erection, construction, enlargement, demolItion, moving, converSion of and excavation and grading for, any building or structure for WhICh a valid bUIldIng permIt IS In effect as of the effective date of thIS ordInance. 8 e e ( k ) PrevIously Approved Development PermIts The erection, construction, enlargement, demolItIon, moving, converSIon of and excavatIon and grading for, any bUIldIng or structure for which a valId development permIt IS In effect pursuant to Ordinance Number 1251 (ees). A development permIt which does not contaIn an express lImIt on the tIme for exerCiSIng the permIt shall be deemed valId only if a bUIldIng permit IS obtaIned WIthIn one year of the date of adoption of this ordinance. (1) Signs. (m) PublIC Works ProJects of the CIty of Santa MonIca. (n) Development Aareements. Development In accordance WIth the terms and conditIons of a development agreement approved by the CIty Council pursuant to Section 9800 et seq. of the MunICIpal Code. SECTION 3. PermIts Authorized. No demolitIon permIt, bUIldIng permIt, bUSIness lIcense, or other permIt or entitlement for use, including ArchItectural Review Board approval, but exclUdIng final subdIVISIon map approval, shall be Issued for any development unless such development IS permitted pursuant to SectIon 2 of thIS ordinance or has been Issued a development permIt pursuant to SectIon 4 of this ordinance. SECTION 4 . Perm~t Proc~dure. The erectIon, constructIon, demolition, enlargement, expanSIon, relocation, 9 e e alteration, repa1r, 1mprovement, change of use, or converSIon of and excavat10n and gradlng for, any bUllding or structure not permitted pursuant to Section 2 of this ord1nance shall be approved, cond1tlonally approved or dlsapproved pursuant to the followIng standards and procedures: (a) Appllcation for a development Sect10n shall be made, In wrltlng, WIth permIt under thIS the DIrector of PlannIng. The DIrector of Planning shall reqUIre such addItIonal coples, materIals or InformatIon as may be necessary for proper evaluatlon. The Director of PlannIng shall place the applIcation before the Plannlng CommIssion at the earlIest practicable opportunIty The matter shall be set for publIC hearIng In accordance With Mun1clpal Code Section 9148. (b) FollOWIng reVlew and evaluatIon, the PlannIng CommlsSlon, or the C1ty Counc1l upon appeal or revlew, shall approve, condlt1onally approve or dIsapprove the applIcatIon. WrItten notIce of such deCIsion, IncludIng findIngs of fact 1n support of such deCISIon, shall be prOVIded to the applIcant and approprIate CIty offlClals. (c) In apprOVIng, condltlonally apprOVIng, or d1sapprovIng of an appl1catlon, the Plannlng CommISSIon, or CIty CounCIl upon appeal or review, shall make wrItten find1ngs of fact that: (1) The development is conSIstent with the fIndIngs and purpose of thIS ordinance. 10 e e (2) The physlcal locatlon, Slze and placement of proposed structures on the site and the locatlon of proposed uses in the proJect are compatlble with and relate harmonlously to surrounding sltes and nelghborhoods. (3) The existlng and/or proposed rights-of-way and facilities for both pedestrlan and automoblle trafflc wlll be adequate to accomodate the anticlpated results of the proposed development Includlng off-street parklng facllltles and access thereto. (4) The eXlstlng and/or proposed publlC and/or prIvate health and safety facil1tles (lnclud1ng but not IlmIted to sanltary, sewers, storm draIns, fire protectlon deVIces, protective servlces, and publlC utillties) wIll be adequate to accommodate the ant1clpated results of the proposed development. (5) The proposed development 1S conslstent wlth the General Plan of the Clty of Santa Monlca and the Zonlng OrdInance. (6) The proposed development mItlgates significant adverse impacts Identlfled In an Inltial Study, Negatlve Declaratlon or EnVIronmental Impact Report. (7) For new general and medlcal office development over 15,000 square feet, and any addItIon of over 10,000 square feet of offlce space, such development shall provlde adequate ProJect Mltlgatlon Measures to meet the goals of the Land Use and CirculatIon Elements of the General 11 e e Plan or any subsequent CIty ordInance WhICh further implements thIS program. Cd) In makIng Its determInatIon, the PlannIng CommISSIon, or the City CounCIl on appeal or review, may attach such condItIons as It deems necessary to assure that the crIter1a set forth In subdiVISIon (c) of the sectIon are accomplIshed (el The approval, condit1onal approval or d1sapproval by the PlannIng CommissIon under this sect10n may be appealed or reviewed 1n the manner set forth In MunICIpal Code Section 9148. SECTION 5. NotIce and AoolIcatIon Fees. NotIce and applIcatIon fees for the processIng of development permIts shall be In accordance WIth OrdInance Number 1230 (eCS). SECTION 6. Incons1stent Provis1ons. Any prOVISIon of the MunICIpal Code or appendIces thereto InconSIstent WIth the prov1sIons of thIS ordinance, to the extent of such InconsIstenc1es and no further, IS hereby repealed or modIfIed to that extent necessary to effect the proviSIons of thIS ordinance. SECTION 7. SeverabilIty. If any section, subsection, sentence, clause, or phrase of thIS ordInance IS for any reason held to be InvalId or unconstltut1onal by a deciSIon of any court of competent JurIsdIction, such deCISIon shall 12 e e not affect the valIdlty of the remalnlng portions of the ordinance. The City Council hereby declares that It would have passed thIS ordlnance 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 8. 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 effectlve 30 days from Its adoptIon. APPROVED AS TO FORM: ~'-.'-- 6- ROBERT M. MYERS City Attorney 13