Item 8-C

City Council Meeting 8-10-99 Santa Monica, California

TO: Mayor and City Council

FROM: City Attorney

SUBJECT: Interim Ordinance Amending Interim Ordinance 1947 (CCS) To Exclude Tentative Tract Maps and Tentative Parcel Maps Submitted On Or Before May 25, 1999 From The Moratorium On Multi-Family Residential Housing Development In The City=s Multi-Family Residential District And Request To Also Exclude Conditional Use and Development Review Permits

 

Introduction

The City Council has directed staff to prepare an amendment to Ordinance Number 1947 (CCS) which would exempt certain development applications from the moratorium imposed by that ordinance. The attachment fulfills that direction.

Discussion

At its meeting on June 29, 1999, the City Council adopted Interim Ordinance No. 1947 (CCS) extending Interim Ordinance No. 1944 (CCS) which imposed a moratorium on multi-family development in the City=s multi-family residential districts with specified exceptions. More specifically, this ordinance imposes a temporary moratorium on the acceptance for processing of applications for permits to build condominiums and apartments. It also directs the Planning Commission and City staff to disapprove all applications for apartment and condominium development which were previously submitted but were not deemed complete as of May 25, 1999.

Subsequent to the adoption of Interim Ordinance 1947, the City Council directed staff to prepare an ordinance which would amend it to exempt applications for tentative maps and parcel maps submitted on or before May 25, 1999 from the moratorium. The attached proposed ordinance has been prepared in response to the City Council=s direction.

After the Council gave direction to prepare the amendment, an applicant who would be affected by it requested, through counsel, that the exemption be broadened. Specifically, the applicant requested that the amendment exempt conditional use and development review permits as well as tentative maps. Acceding to this request would moot out the applicant=s legal claims. However, the proposed ordinance before Council does not presently include this broadened exemption.

Recommendation

It is respectfully recommended that the accompanying ordinance be introduced for first reading and that the Council consider expanding the moratorium exemptions to include applications for conditional use and development review permits that were submitted on or before May 25, 1999.

PREPARED BY: Marsha Jones Moutrie, City Attorney

Barry Rosenbaum, Deputy City Attorney

 

City Council Meeting 8-10-99 Santa Monica, California

 

 

ORDINANCE NUMBER ____ (CCS)

(City Council Series)

 

AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA

MONICA AMENDING INTERIM ORDINANCE 1947 (CCS) TO EXCLUDE TENTATIVE

TRACT MAPS AND TENTATIVE PARCEL MAPS SUBMITTED ON OR BEFORE

MAY 25, 1999 FROM THE MORATORIUM ON MULTI-FAMILY RESIDENTIAL

DEVELOPMENT IN THE CITY=S MULTI-FAMILY RESIDENTIAL DISTRICTS

THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS:

SECTION 1. Section 2 of Interim Ordinance Number 1947 (CCS) is amended to read as follows:

SECTION 2. Moratorium.

(a) Subject to the exemptions set forth in Section 3 of this Ordinance, a moratorium is hereby placed on the acceptance for processing of any applications for approval of tentative tract maps, tentative parcel maps, administrative approvals, development review permits, and conditional use permits, for any residential building or structure, including any hotel or motel, on properties located in multi-family residential districts in the City. For purposes of this Ordinance, the multi-family residential districts in the City are: R2R, R2, R3, R4, RVC, RMH, OPDuplex, OP2, OP3, OP4, NWOverlay, R2B, and R3R.

(b) Subject to the exemptions set forth in Section 3 of this Ordinance, the Planning Commission and City staff are hereby directed to disapprove all applications which have not been deemed complete as of May 25, 1999, for tentative tract maps, tentative parcel maps, administrative approvals, development review permits, and conditional use permits for any residential building or structure, including any hotel or motel, on properties located in multi-family residential districts in the City.

SECTION 2. As set forth in the findings of Interim Ordinance Number 1947 (CCS), the moratorium is necessary because the continuing development of multi-family housing in the City=s residential zones prior to the comprehensive review of the City=s housing and land use policies and regulations presents a current and immediate threat to the public peace, health, safety, and welfare. If urgent action is not taken, irreversible development activity will continue unabated, thereby committing scarce land resources to development that is not in the best interests of the residents of the City. The approval of additional multi-family housing development in the City=s multi-family housing districts, with limited exception, pending the City=s review of its housing and land use policies and regulations would result in a threat to the public health, safety, and welfare.

SECTION 3. Except as amended herein, Interim Ordinance Number 1947 (CCS) remains in full force and effect.

SECTION 4. This Ordinance shall be of no further force and effect after March 28, 2000, unless prior to that date, after a public hearing, noticed pursuant to Santa Monica Municipal Code Section 9.04.20.22.050, the City Council, by majority vote, extends this interim ordinance.

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 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:

_________________________

MARSHA JONES MOUTRIE

City Attorney