Santa Monica, California
Planning Commission Mtg: January 18, 1995
TO: The Honorable Planning Commission
FROM: Planning Staff
SUBJECT: Resolution of Intention to Amend Article IX of the Santa
Monica Municipal Code Regarding Permit Lifespans.
Address: Citywide
INTRODUCTION
The attached Resolution of Intention would amend Article IX of the
Santa Monica Municipal Code regarding permit lengths. A staff
report will be prepared and a public hearing will be held on this
matter at the March 1, 1995 meeting of the Planning Commission.
RECOMMENDATION
Staff recommends that the Planning Commission approve the attached
Resolution of Intention.
Prepared by: Amanda Schachter, Senior Planner
RESOLUTION NO. ___________
(Planning Commission Series)
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SANTA MONICA
DECLARING ITS INTENTION TO RECOMMEND AMENDMENT
OF THE CITY OF SANTA MONICA
COMPREHENSIVE LAND USE AND ZONING ORDINANCE
THE PLANNING COMMISSION OF THE CITY OF SANTA MONICA DOES
RESOLVE AS FOLLOWS:
Section 1. Pursuant to Santa Monica Municipal Code Section
9.04.20.16.020, the Planning Commission does hereby announce its
intention to recommend that the City Council amend the City of
Santa Monica Comprehensive Land Use and Zoning Ordinance regarding
permit lengths, as set forth in Exhibit A, attached to this
Resolution.
Section 2. The Planning Director shall certify to the
adoption of this Resolution, and thenceforth and thereafter the
same shall be in full force and effect.
Approved as to form: _________________________________
City Attorney
Adopted this ___________ day of ________________________, 199____.
I hereby certify that the foregoing Resolution of Intention
was duly and regularly introduced and approved at a meeting of the
Planning Commission on the _________ day of ________________,
199___ by the following vote:
Ayes:
Noes:
Abstain:
Absent:
Attest: __________________________
Planning Director
EXHIBIT A
Santa Monica Municipal Code Section 9.04.20.08.040 is amended to
read as follows:
Section 9.04.20.08.040 Term of Permit.
The Performance Standards Permit shall expire if the rights
granted are not exercised within the period established by the
Zoning Administrator or Planning
Commission on appeal as a condition of granting the permit, or,
in the absence of such established time period, within one year
from the effective date of permit approval. A permit for an
affordable housing project that has received City, State or
Federal funding shall expire three years from the effective date
of permit approval.
(a) Exercise of Rights. If the Performance Standards Permit is
granted in conjunction with approval of new construction,
issuance of a building permit shall constitute exercise of rights
under the Performance Standards Permit, provided, however, that,
unless otherwise specified as a condition of project approval,
the Performance Standards Permit shall expire if:
(1) The building permit expires; or
(2) The rights granted under the Performance Standards 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; or commencement of the use
granted by the Performance Standards Permit.
(b) Extension. The Zoning Administrator may administratively
grant one extension of the term of the Performance Standards
Permit not to exceed six months, if the applicant requests such
extension in writing. For projects which include residential
uses, the Zoning Administrator may grant a one year extension if
the applicant requests such extension in writing.
Santa Monica Municipal Code Section 9.04.20.10.060 is amended to
read as follows:
SECTION 9.04.20.10.060. . Term of Permit. The Variance shall
expire if the rights granted are not exercised within the period
established by the Zoning Administrator or Planning Commission on
appeal as a condition of granting the Variance, or, in the
absence of such established time period, within one year from the
effective date of Variance approval. A permit for an affordable
housing project that has received City, State or Federal funding,
project shall expire three years from the effective date of
permit approval.
(a) Exercise of Rights. If the Variance is granted in
conjunction with approval of new construction, issuance of a
building permit shall constitute exercise of rights under the
Variance, provided, however, that unless otherwise specified as a
condition of project approval, the Variance shall expire if:
(1) The building permit expires; or
(2) The rights granted under the Variance 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; or commencement of the use
granted by the Variance.
(b) Extension. The Zoning Administrator may
administratively grant may grant one extension of the term of the
Variance not to exceed six months, if the applicant requests such
extension in writing. For projects, which include residential
uses, the Zoning Administrator may grant a one year extension if
the applicant requests such extension in writing.
Santa Monica Municipal Code Section 9.04.20.11.060 is amended to
read as follows:
SECTION 9.04.20.11.060. Term of Permit. The Use Permit
shall expire if the rights granted are not exercised within the
period established by the Zoning Administrator or the Planning
Commission on appeal as a condition of granting the Use Permit,
or, in the absence of such established time period, within one
year from the effective date of permit approval. A permit for
an affordable housing project that has received City, State or
Federal funding shall expire three years from the effective date
of permit approval.
(a) Exercise of Rights. If the Use Permit is granted in
conjunction with approval of new construction, issuance of a
building permit shall constitute exercise of rights under the Use
Permit, provided, however, that, unless otherwise specified as a
condition of project approval, the Use Permit shall expire if:
(1) The building permit expires; or
(2) The rights granted under the Use 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; or commencement of the use
granted by the Use permit.
(b) Extension. The Zoning Administrator may grant one
extension of the term of the Use Permit not to exceed six months,
if the applicant requests such extension in writing. For
projects, which include residential uses, the Zoning
Administrator may grant a one year extension if the applicant
requests such extension in writing.
Santa Monica Municipal Code Section 9.04.20.12.060 is amended to
read as follows:
SECTION 9.04.20.12.060. Term of Permit. The Conditional
Use 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 Conditional Use
Permit, or, in the absence of such established time period,
within one year from the effective date of permit approval. A
permit for an affordable housing project that has received City,
State or Federal funding shall expire three years from the
effective date of permit approval.
(a) Exercise of Rights. If the Conditional Use Permit is
granted in conjunction with approval of new construction,
issuance of a building permit shall constitute exercise of rights
under the Conditional Use Permit, provided, however, that, unless
otherwise specified as a condition of project approval, the
Conditional Use Permit shall expire if:
(1) The building permit expires; or
(2) The rights granted under the Conditional Use 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; or commencement of the use
granted by the Conditional Use Permit.
(b) Extension. The Zoning Administrator may grant one
extension of the term of the Conditional Use Permit not to exceed
six months, if the applicant requests such extension in writing.
For projects, which include residential uses, the Zoning
Administrator may grant a one year extension if the applicant
requests such extension in writing. The applicant may apply to
the Planning Commission for any further extension if such request
is submitted 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 Conditional Use 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 principal 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.
Santa Monica Municipal Code Section 9.04.20.14.050 is amended to
read as follows:
SECTION 9.04.20.14.050. Term of Permit. The Development
Review 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 Development Review Permit, or, in the absence of such
established time period, within one year from the effective date
of permit approval. A permit for an affordable housing project
that has received City, State or Federal funding shall expire
three years from the effective date of permit approval.
(a) Exercise of Rights. If the Development Review Permit
is granted in conjunction with approval of new construction,
issuance of a building permit shall constitute exercise of rights
under the Development Review Permit, provided, however, that,
unless otherwise specified as a condition of project approval,
the Development Review Permit shall expire if:
(1) The building permit expires; or
(2) The rights granted under the Development Review
Permit are not exercised within one year following the earliest
to occur of the following: issuance of a Certificate of
Occupancy; the last required final inspection for the new
construction; or receipt of a business license.
(b) Extension. The Zoning Administrator may grant one
extension of the term of the Development Review Permit not to
exceed six months, if the applicant requests such extension in
writing. For projects, which include residential uses, the
Zoning Administrator may grant a one year extension if the
applicant requests such extension in writing . The applicant may
apply to the Planning Commission for any further extension if
such request is submitted 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 Development
Review 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 principal 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.
Santa Monica Municipal Codes Section 9.04.20.26.050 is amended to
read as follows:
SECTION 9.04.20.26.050. Term of Permit. The Reduced
Parking Permit shall expire if the rights granted are not
exercised within the period established by the Zoning
Administrator or Planning Commission on appeal as a condition of
granting the Reduced Parking Permit, or, in the absence of such
established time period, within one year from the effective date
of Reduced Parking Permit approval. A permit for an affordable
housing project that has received City, State or Federal funding
shall expire three years from the effective date of permit
approval.
(a) Exercise of Rights. If the Reduced Parking Permit is
granted in conjunction with approval of new construction,
issuance of a building permit shall constitute exercise of rights
under the Reduced Parking Permit, provided, however, that unless
otherwise specified as a condition of project approval, the
Reduced Parking Permit shall expire if:
(1) The building permit expires; or
(2) The rights granted under the Reduced Parking Permit
are not exercised within one year following the earliest to occur
of the following: issuance of a Certificate of Occupancy; the
last required final inspection for the new construction; or
receipt of a business license.
(b) Extension. The Zoning Administrator may
administratively grant one extension of the term of the Reduced
Parking Permit not to exceed six months, if the applicant
requests such extension in writing. For projects, which include
residential uses, the Zoning Administrator may grant a one year
extension if the applicant requests such extension in writing.
Santa Monica Municipal Code Section 9.04.20.28.030 is amended to
read as follows:
SECTION 9.04.20.28.030. Term of Permit. The Administrative
Approval shall expire if the rights granted are not exercised
within the period established by the Zoning Administrator as a
condition of granting the permit, or, in the absence of such
established time period, within one year from the date of
approval. A permit for an affordable housing project that has
received City, State or Federal funding shall expire three years
from the effective date of permit approval.
(a) Exercise of Rights. If the Administrative Approval is
granted in conjunction with approval of new construction,
issuance of a building permit shall constitute exercise of rights
under the Administrative Approval, provided, however, that unless
otherwise specified as a condition of project approval, the
Administrative Approval shall expire if:
(1) The building permit expires; or
(2) The rights granted under the Administrative Approval
are not exercised within one year following the earliest to occur
of the following: issuance of a Certificate of Occupancy; the
last required final inspection for the new construction; or
receipt of a business license.
(b) Extension. The Zoning Administrator may
administratively grant one extension of the term of the
Administrative Approval not to exceed six months, if the
applicant requests such extension in writing. For projects,
which include residential uses, the Zoning Administrator may
grant a one year extension if the applicant requests such
extension in writing.
Santa Monica Municipal Code Section 9.04.20.32.060 is amended to
read as follows:
SECTION 9.04.20.32.060. Term of Permit. The Yard
Modification Permit shall expire if the rights grated are not
exercised within the period established by the Zoning
Administrator or Planning Commission on appeal as a condition of
granting the Yard Modification Permit, or, in the absence of such
established time period, within one year from the effective date
of permit approval. A permit for an affordable housing project
that has received City, State or Federal funding shall expire
three years from the effective date of permit approval.
(a) Exercise of Rights. If the Yard Modification Permit is
granted in conjunction with approval of new construction,
issuance of a building permit shall constitute exercise of rights
under the Yard Modification Permit, provided, however, that
unless otherwise specified as a condition of project approval,
the Yard Modification Permit shall expire if:
(1) The building permit expires; or
(2) The rights granted under the Yard Modification
Permit are not exercised within one year following the earliest
to occur of the following: issuance of a Certificate of
Occupancy; or the last required final inspection for the new
construction.
(b) Extension. The Zoning Administrator may
administratively grant one extension of the term of the Yard
Modification Permit not to exceed six months, if the applicant
requests such extension in writing. For projects, which include
residential uses, the Zoning Administrator may grant a one year
extension if the applicant requests such extension in writing.
Santa Monica Municipal Code Section 9.04.20.34.080 is amended to
read as follows:
SECTION 9.04.20.34.080. Term of Permit. The Adjustment
shall expire if the rights granted are not exercised within the
period established by the Zoning Administrator as a condition of
granting the Adjustment, or, in the absence of such established
time period, within one year from the effective date of permit
approval. A permit for an affordable housing project that has
received City, State or Federal funding shall expire three years
from the effective date of permit approval.
(a) Exercise of Rights. If the Adjustment is granted in
conjunction with approval of new construction, issuance of a
building permit shall constitute exercise of rights under the
Adjustment, provided, however, that unless otherwise specified as
a condition of project approval, the Adjustment shall expire if:
(1) The building permit expires; or
(2) The rights granted under the Adjustment are not
exercised within one year following the earliest to occur of the
following: issuance of a Certificate of Occupancy; the last
required final inspection for the new construction; or receipt of
a business license.
(b) Extension. The Zoning Administrator may
administratively grant one extension of the term of the
Adjustment not to exceed six months, if the applicant requests
such extension in writing. For projects, which include
residential uses, the Zoning Administrator may grant a one year
extension if the applicant requests such extension in writing.