O2053
f:\atty\muni\laws\barry\construction rate dcp-12d.doc
City Council Meeting 10-08-02 Santa Monica, California
ORDINANCE NUMBER 2053 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ADDING SECTION 9.04.10.02.450 AND PART 9.04.20.15 TO THE SANTA
MONICA MUNICIPAL CODE AND DELETING SECTION 9.04.08.56.070 OF THE
SANTA MONICA MUNICIPAL CODE TO ESTABLISH A CONSTRUCTION RATE
PROGRAM FOR MUL TI-FAMIL Y DEVELOPMENT IN ALL MUL TIFAMIL Y
RESIDENTIAL DISTRICTS AND A DESIGN COMPATIBILITY PERMIT
REQUIREMENT FOR THE DEVELOPMENT OF CONDOMINIUMS AND OTHER
MUL TI-FAMIL Y OWNERSHIP HOUSING
WHEREAS, the 1998-2003 Housing Element Update Program 7.f required that the
City monitor the rate of development activity in multi-family residential districts so as to
ensure that rapid development did not jeopardize the character of the neighborhoods and
negatively impact the quality of life; and
WHEREAS, this program further provided that if the rate or pattern of development
appeared to negatively affect the quality of life or character of neighborhoods, the City
Council should consider enacting a construction rate program; and
WHEREAS, the City began to experience a significant increase in the level of multi-
family development activity in the City's multi-family residential districts in the late 1990's
and
WHEREAS, monitoring the rate of development activity in multi-family residential
districts revealed that the rate of development in 1999~16 projects) represented a 246%
increase over the rate in 1998/1997 (6 and 7 projects respectively) and a 533% increase
over the rate in 1996 (3 projects) and the rate of development in 2000 surpassed the
development rate of 1999 with 18 projects obtaining building permits; and
WHEREAS, the City itself is extremely dense with a land area of just eight square
miles, a population of approximately 85,000 people, and just over a third of the City zoned
multi-family residential; and
WHEREAS, this substantial increase in the rate of multi-family development activity
negatively affected the quality of life or character of neighborhoods
WHEREAS, it was not simply the rate of development that threatened the City's
character and quality of life, but the lack of compatibility of new condominium
developments negatively impacted the context of existing neighborhoods including the
character and scale of existing residences; and
WHEREAS, the City's Zoning Ordinance currently requires approval of a Conditional
Use Permit ("CUP") for the development of condominiums, which is intended to allow the
establishment of those uses which have some special impact or uniqueness such that their
effect on the surrounding environment cannot be determined in advance of the proposed
use and its particular location; and
WHEREAS, in conjunction with the preparation of the 1998-2003 Housing Element
Update, the City determined that it should eliminate the requirement that condominium
projects obtain a CUP since it is generally not the condominium use that is at issue in the
City's review of residential condominium applications; instead, the City determined it should
evaluate other procedures which would achieve an appropriate level of design review so as
to ensure that the physical development is compatible with and relates harmoniously to the
surrounding sites and neighborhoods; and
2
WHEREAS, the 1998-2003 Housing Element Update Program 1.a required the
elimination of the Conditional Use Permit (CUP) requirement for condominiums and the
evaluation of other procedures which could achieve an appropriate level of design review;
and
WHEREAS, in light of this policy and to ensure that condominium development does
not threaten the existing character and scale of the City's neighborhoods, the City
determined that it should replace the conditional use permit requirement for condominium
projects with a design compatibility permit; and
WHEREAS, the City Council adopted Ordinance Number 1966 (CCS) on March 7,
2000 which established a construction rate program, established a design compatibility
permit and required a design compatibility permit for condominium development; on April
11,2000, the City Council adopted Ordinance Number 1969 (CCS) extending Ordinance
Number 1966 (CCS) for eighteen months; on August 1, 2000, the City Council adopted
Ordinance Number 1984 (CCS) extending Ordinance Number 1966 (CCS) until November
11, 2001; and on October 9, 2001 the City Council adopted Ordinance Number 2022
(CCS) extending Ordinance 1966 (CCS) until November 11, 2002; and
WHEREAS, the City Council found and declared that the public health, safety and
general welfare required the adoption and extension of Ordinance 1966 (CCS) through the
adoption of Ordinance 1969 (CCS), Ordinance Number 1984 (CCS) and Ordinance
Number 2022 (CCS) to avert the negative impacts of construction such as traffic
circulation, noise, neighborhood aesthetics and pedestrian enjoyment of City streets, to
minimize the disruptive effects of the construction process on the neighborhood by limiting
the number of projects in close proximity to each other which can be constructed at any
3
one time through regulating both the timing and distribution of construction projects through
the building permit approval process, and to establish a design compatibility review process
for condominiums to ensure that the physical development is compatible with and relates
harmoniously to the surrounding sites and neighborhoods; and
WHEREAS, these interim ordinances have been very successful in minimizing the
disruptive effects of the construction process and ensuring that new development is
compatible with the surrounding sites and neighborhoods; and
WHEREAS, the significant rate of multi-family development activity continues in the
City's multi-family residential districts with 10 building permits issued for multi-family
developments in 2001 and 9 building permits issued so far in 2002, and consequently, the
construction rate program and the design compatibility permit remains vital to the quality of
life in the City's neighborhoods; and
WHEREAS, in preparing its 2000-2005 Housing Element, the City contracted with
the policy, financial, and management consulting firm of Hamilton, Rabinovitz & Alschuler
("H R&A"); and
WHEREAS, HR&A undertook an extensive review and analysis of numerous
governmental programs to assess whether these programs operated as a constraint on
housing development within the meaning of State Housing Element Law; and
WHEREAS, as part of this review and analysis, HR&A specifically assessed
whether the Construction Rate Program or the Design Compatibility Permit requirement
would operate as governmental constraints and concluded that neither programs operated
as a constraint on housing development; and
4
WHEREAS, the concerns which motivated the City Council to adopt and extend
these interim ordinances remain; and
WHEREAS, for these reasons, the City's Comprehensive Land Use and Zoning
Ordinance should be revised to regulate the rate of construction to avert the negative
impacts of construction on traffic circulation, noise, neighborhood aesthetics and
pedestrian enjoyment of City streets and to ensure that development is consistent with the
public health, safety and welfare and is compatible with and relates harmoniously to the
surrounding sites and neighborhood; and
WHEREAS, on August 21, 2002, the Planning Commission conducted a public
hearing to adopt a Resolution of Intention which stated the Commission's intention to
modify the Zoning Code to establish a Construction Rate Program and a Design
Compatibility Permit; and
WHEREAS, on September4, 2002, the Planning Commission held a public hearing
on these proposed zoning text amendments; and
WHEREAS, the Planning Commission forwarded a recommendation to the City
Council to adopt Zoning Code amendments to establish the proposed Construction Rate
Program and Design Compatibility Permit; and
WHEREAS, the City Council held a public hearing on the proposed Zoning
Ordinance Text Amendments on September :24,2002; and
WHEREAS, the proposed amendments are consistent in principle with the goals,
objectives, policies, land uses, and programs specified in the adopted General Plan,
specifically, the 2000-2005 Housing Element Policy 1.3 which states establish and maintain
development standards that support development while protecting quality of life goals and
5
Policy 1.7 which states that the City should maintain development standards that ensure
that the development of new housing in residential neighborhoods is designed to fit within
the existing neighborhood context; and
WHEREAS, the public health, safety, and general welfare require the adoption of
the proposed amendment to ensure the protection of neighborhood aesthetics and
pedestrian enjoyment through the Design Compatibility process, which requires that
physical development is compatible with and relates harmoniously to the surrounding sites
and neighborhoods and to avert the negative impacts of construction, such as traffic
circulation, noise, neighborhood aesthetics and pedestrian enjoyment of City streets
through a construction rate program which minimizes the disruptive effects of construction
on residential neighborhoods by limiting the number of projects in close proximity to each
other that can be constructed at anyone time,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 9.04.10.02.450 is hereby added to the Santa Monica Municipal
Code to read as follows:
9.04.10.02.450 Construction rate program.
(a) For projects involving the new construction or substantial
remodel of two or more dwelling units in all multi-family residential districts in
the City for which a development application was deemed complete on or
after March 7, 2000, only one such construction project shall be allowed
6
within a five hundred foot radius of another construction project subject to
this Section. Except as provided in subsection (c) of this Section, this
restriction shall apply for fifteen months after issuance of a building permit,
after which time another project may begin construction in the defined area.
The multi-family residential districts in the City are: R2R, R2, R3, R4, RVC,
RMH, OP-Duplex, OP2, OP3, OP4, NVV-Overlay, BR Boulevard Residential
R3 Overlay, R2B, and R3R.
Building permits shall be provided on a first come first served
basis in accordance with the terms of this Section. No application for a
building permit shall be accepted for filing or otherwise processed by the
Building and Safety Division unless the applicant provides documentation on
forms provided by the City that the project has received all other city or state
approvals or permits necessary to commence the project, with the exception
of building and sewer allocation permits.
During the plan-check process, the Building and Safety Division
shall determine the status of other building permits for projects in the area. A
building permit shall not be issued when the Building Officer determines that
a building permit has been issued in the previous fifteen months for any
other project within a five hundred foot radius of the subject property unless
the owner of the previously permitted project has formally relinquished the
building permit for that project or obtained a certificate of occupancy for the
project
7
(d) If the Building Officer determines that another building permit
has been issued less than fifteen months prior to the date on which the
building permit has received all plan-check approvals and the exceptions
specified in subsections (c) and (e) do not apply, the Building Officer shall
place the project on a waiting list in order of the date and time of day that the
permit application received all plan-check approvals. The life of other City
approvals or permits necessary to commence the project shall be
automatically extended by the amount of time that a project remains on the
waiting list. The Building Officer shall approve the project in accordance with
the Uniform Technical Code in effect at the time of the plan check.
(e) The following projects shall be exempt from this Section:
Affordable housing projects in which one hundred
percent of the units will be deed restricted for very low, low, middle, and/or
moderate income housing.
Structures identified by the Building and Safety Division
as unreinforced masonry construction and subject to City-mandated seismic
upgrading.
Projects to be developed on a site that is vacant.
Projects to be developed on a site in which either: (a)
the structures on the site are uninhabitable, not as a result of the owner's
failure to maintain the structure, or the property of which the structure is a
part, in good repair, and the structures cannot be rendered habitable in an
economically feasible manner or (b) the current use of the property is not
8
otherwise economically viable. The City shall prepare an exemption
application form which delineates all submission requirements. An owner
shall not be required to file a project application with the exemption
application. City staff shall make a final determination whether a project
meets the requirements of this subdivision (4) within ninety (90) days after
the owner's exemption application for the project is deemed complete,
(f) The Planning and Community Development Department may
develop administrative guidelines implementing this Section
SECTION 2. Santa Monica Municipal Code Section 9.04.16.01.020 is hereby
amended to read as follows:
9.04.16.01.020 Applicability.
All new or converted residential and commercial condominiums,
community apartment projects, stock cooperatives, and cooperative
apartments for which a development application was deemed complete on or
after March 7, 2000 shall require approval of a Design Compatibility Permit,
in addition to compliance with Santa Monica Municipal Code Section
9.04.16.01.030 establishing additional minimum requirements for
condominiums and any and all requirements of Chapter
9
9.20 of this Article for preparation, review, and approval of a Subdivision
Map.
SECTION 3. Part 9.04.20.15 is hereby added to the Santa Monica
Municipal Code to read as follows:
Part 9.04.20.15 Design Compatibility Permit
9.04.20.15.010 Purpose.
A Design Compatibility Permit is intended to allow the construction of
condominiums and other multi-family ownership housing to ensure the
design and siting of the projects do not result in an adverse impact on the
surrounding neighborhood. The permit allows for:
Review of the location, size, massing, and placement of the
proposed structure on the site and in relation to the surrounding
neighborhood;
Review of the location of proposed amenities within the project.
An evaluation of the project with regard to fixed and established
standards,
9.04.20.15.020 Application.
An application for a Design Compatibility Permit shall be filed in a
manner consistent with the requirements contained in Santa Monica
Municipal Code Part 9.04.20.20, Sections 9.04.20.20.010 through
9.04.20.20.080.
10
9.04.20.15.030 Hearing and N()tice.
Upon receipt in proper form of a Design Compatibility Permit
application, a public hearing before the Planning Commission shall be set
and notice of such hearing given in a manner consistent with Santa Monica
Municipal Code Part 9.04.20.22, Sections 9.04.20.22.010 through
9.04.20.22.140,
9.04.20.15.040 Findings.
Following a public hearing, the Zoning Administrator shall prepare a
written decision which shall contain the Planning Commission's findings of
fact upon which such decision is based. The Commission, or City Council on
appeal, shall approve or conditionally approve a Design Compatibility Permit
application in whole or in part if all of the following findings of fact can be
made in an affirmative manner:
(1 ) The physical location, size, massing, and placement of
proposed structures on the site and the location of proposed amenities within
the project are compatible with and relate harmoniously to surrounding sites
and neighborhoods.
(2) The physical location, size, massing, placement of proposed
structures on the site, and parking access and the location of proposed
amenities within the project would not be detrimental to the public interest,
health, safety, convenience, or general welfare.
11
(3) The rights-of-way can accommodate autos and pedestrians,
including adequate parking and access.
(4) The health and safety services (police, fire etc.) and public
infrastructure (e.g., utilities) are sufficient to accommodate the new
development.
(5) Reasonable mitigation measures have been included for all
adverse impacts identified in an Initial Study or Environmental Impact Report
or a Statement of Overriding Considerations has been adopted for the
proposed project.
(6) The proposed use conforms precisely to the minimum
requirements outlined in Section 9.04.16, Subchapter 9.04.16.01.030.
9.04.20.15.050 Term of Permit.
The Design Compatibility Permit shall expire if the rights granted are
not exercised within the period established by the Planning Commission or
City Council on appeal as a condition of granting the Design Compatibility
Permit, or, in the absence of such established time period, within two (2)
years from the effective date of permit approval. However, if the permit is for
affordable housing or a mixed use project where housing units comprise at
least seventy-five percent of the floor area of the project (collectively
"housing project"), and the housing project has received City, State or
Federal funding or is comprised of units at least fifty percent of which are
deed-restricted to be affordable to low income households and the remainder
12
of which are deed-restricted to be affordable to low or moderate income
households, in the absence of a time period established by the Planning
Commission or City Council on appeal as a condition of granting the permit,
the Design Compatibility Permit shall expire if the rights granted are not
exercised within three years, or if located in the Coastal Zone, three and one-
half years from the effective date of permit approval.
(a) Exercise of Rights. "Exercise of rights" shall mean actual
commencement of the use granted by the permit, unless the permit is
granted in conjunction with approval of new construction,
If the Design Compatibility Permit is granted in conjunction with
approval of new construction, issuance of a building permit shall constitute
exercise of rights under the Design Compatibility Permit; provided, however,
that, unless otherwise specified as a condition of project approval, the
Design Compatibility Permit shall expire if:
(1 ) The building permit expires; or
(2) The rights granted under the Design Compatibility Permit
are not exercised within one year following the earliest to occur of the
following: issuance of a Certificate of Occupancy; or if no Certificate of
Occupancy is required, the last required final inspection for the new
construction.
(b) Extension. If the applicant files an extension request with the
Zoning Administrator in writing prior to expiration of the permit, the Zoning
Administrator may administratively grant a one-year extension of the term of
13
the Design Compatibility Permit. The applicant may apply to the Planning
Commission for any further extension if such request is filed at least one
month prior to the permit's expiration. Such extension request shall be
processed in the same manner and for the same fee as a new Design
Compatibility Permit. The Planning Commission may grant an extension
request for good cause, and may consider in this review the extent to which
the project is consistent with current development standards and policies,
whether the project is consistent in principle with the goals, objectives,
policies, land uses, and programs specified in the adopted General Plan,
conditions surrounding the project site and whether the project will adversely
effect public health, safety and general welfare.
9.04.20.15.060 Revocation.
The Planning Commission may, or upon direction from the City
Council, revoke any approved Design Compatibility Permit in accordance
with the following procedure:
(a) A revocation hearing shall be held by the Planning
Commission. Notice of the hearing shall be published once in a newspaper
of general circulation within the City and shall be served either in person or
by registered mail on the owner of the property and on the permit holder at
least 10 days prior to such hearing. The notice of hearing shall contain a
statement of the specific reasons for revocation,
(b) After the hearing, a Design Compatibility Permit may be revoked
1..1.
by the Planning Commission, or by the City Council on appeal or review, if any
one of the following findings are made:
That the Design Compatibility Permit was obtained by
misrepresentation or fraud.
That the use for which the Design Compatibility Permit
was granted has ceased or has been suspended for six or more consecutive
calendar months.
(3) That the conditions of the permit have not been met, or
the permit granted is being or has recently been exercised contrary to the
terms of the approval or in violation of a specific statute, ordinance, law or
regulation
(c) A written determination of revocation of a Design Compatibility
Permit shall be mailed to the property owner and the permit holder within 10
days of such determination.
9.04.20.15.070 Appeals.
The approval, conditions of approval, denial, or revocation of a Design
Compatibility Permit may be appealed within fourteen consecutive calendar
days of the date the decision is made in the manner provided in Santa Monica
Municipal Code Part 9.04.20.24, Sections 9.04.20.24.010 through
9.04.20.24.040.
15
9.04.20.15.080 Hearings.
Notice of public hearings shall be given in accordance with Santa
Monica Municipal Code Section 9.04.20.22.050 to all owners and residential
and commercial tenants of property within a radius of 500 feet for a Design
Compatibility Permit.
SECTION 4, Santa Monica Municipal Code Section 9.04.08.56.070 is hereby
repealed in its entirety.
SECTION 5. 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 6, 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.
SECTION 7. The Mayor shall sign and the City Clerk shall attest to the passage of
16
Adopted and approved this 8th day of October, 2002.
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2053 (CCS) had it's introduction on September 24, 2002, and
was adopted at the Santa Monica City Council meeting held on October 8,2002 by the
following vote:
Ayes: Council members: Holbrook, O'Connor, Bloom, Genser, Mayor Pro
Tem McKeown, Mayor Feinstein
Noes: Council members: Katz
Abstain Council members: None
Absent: Council members: None
ATTEST: