O2139
f:\atty\mun i\laws\barry\processingtimechanges2d-1 .doc
City Council Meeting 9-14-04 Santa Monica, California
ORDINANCE NUMBER 2139 (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
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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
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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.
The Zoning Administrator may approve a temporary
use permit application only when all of the following findings
can be made in an affirmative manner:
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(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.
The Zoning Administrator shall prepare a written
decision on the temporary use permit application within 21
calendar days after a complete application has been filed
which shall contain the findings of fact upon which the
decision is made.
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If a temporary use permit is issued for a period
greater than forty-five days, a copy of the decision shall be
mailed to the applicant and the Planning Commission.
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
public hearing before the Zoning Administrator shall be set in
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:
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
shall be set and notice of such hearing shall be sent to all
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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.
(b )The determination shall state whether the
application is complete pending payment of the required
filing fee, or is incomplete and shall specify additional
information to be resubmitted.
(c) A completed application shall consist of:
(1) The application form with all applicable information
included on the form.
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(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.
(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.
(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
Administrator within 30 days of the date the written
determination of incompleteness is mailed.
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(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
subsection and the application may be deemed withdrawn. 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
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.
(i) The time periods for processing any applications
under this Chapter shall commence upon the date the
application has been determined to be complete.
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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
legislation thereto.
SECTION 6. Santa Monica Municipal Code Section 9.04.20.22.100 is hereby
amended to read as follows:
Section 9.04.20.22.100 Time limit for approving
applications.
Final action on an application for the project shall be
taken in accordance with the Permit Streamlining Act,
Government Code Section 65920 et seQ. or any successor
legislation thereto.
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
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hearing before the Zoning Administrator shall be set in
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
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
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Zoning Administrator and shall be filed with the Planning and
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.
The Zoning Administrator shall within ninety calendar
days after a complete application has been filed , prepare a
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.
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
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shall be set in 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 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
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
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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.
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:
~
ES MOUTRIE
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Approved and adopted this 14th day of September, 2004.
~W--
Richard Bloom, Mayor
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. 2139 (CCS) had its introduction on August 10, 2004, and was
adopted at the Santa Monica City Council meeting held on September 14, 2004, by the
following vote:
Ayes: Council members: Mayor Bloom, Mayor Pro Tem McKeown,
Feinstein, Genser, Holbrook, Katz, O'Connor
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: None
ATTEST:
~....~.~
Maria M. Stewart, Cit
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