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City Council Meeting 4-30-86
Santa Monica, California
ORDINANCE NUMBER 1367(CCS)
(City council Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA IMPLEMENTING
THE PROJECT MITIGATION MEASURES OF
THE LAND USE AND CIRCULATION ELEMENTS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Pro;ect Mitiqation Measures.
Whenever the City requires as a condition of approval for
the development of any general office development, including
medical office buildings, in excess of 15,000 square feet of new
construction or 10,000 square feet of additions to existing
development, that such development satisfy the Project Mitigation
Measures of the Land Use and CirCUlation Elements of the General
Plan ("Project Mitigation Measures"), the developer may satisfy
the Project Mitigation Measures by complying with either Section
2 or section 3 of this Ordinance.
SECTION 2. In-Lieu Fees.
(a) The Project Mitigation Measures may be satisfied by an
in-lieu fee paid to the City in accordance with this Section.
(b) The amount of the fee pursuant to this section shall
be determined as follows: $2.25 per square foot for the first
15,000 square feet of net rentable square footage and $5.00 per
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square foot for the remainder of the net rentable square footage.
The net rentable square footage of a building shall be the total
square footage of the buildings minus the exterior and load
bearing walls, elevator shafts, stairwells, equipment rooms, and
parking.
(c) Any fee pursuant to this Section shall be adjusted for
inflation by the percentage change in the Consumer Price Index
("CPIn) between October, 1984 through the month in which payment
is made. For purposes of this Section, CPI shall mean the index
for urban Wage Earners and Clerical Workers for the Los
Angeles/Long Beach statistical area, as published by the united
states Department of Labor, Bureau of Labor statistics.
(d) Any payment required by this section shall be made by
payment of at least twenty-five percent (25%) of the total
obligation prior to the issuance of a Certificate of Occupancy
for the development. The balance of the fee shall be due in
equal annual installments with payment in full no later than
three years after the issuance of the Certificate of Occupancy.
All payments are subject to the adjustment for inflation as
provided in subsection (c).
(e) Any fee required by this Section shall be secured by
execution of an irrevocable letter of credit or other form of
security acceptable to the city in favor of the City for the full
amount of the obligation. The letter of credit or other
acceptable security shall be delivered to the City prior to the
issuance of a building permit for the development.
(f) This section shall not apply to any office development
for which the City has approved, prior to the adoption of this
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Ordinance, an agreement between the developer and a non-profit
corporation to satisfy the Project Mitigation Measures.
SECTION 3. On-site or Off-Site Development.
(a) Upon the mutual agreement of the developer and the
City, the developer may satisfy the proj ect Hi tigation Measures
by providing low and moderate income housing or developing new
park space, on or off the project site. The number of units of
housing or square footage of park space to be provided by the
developer shall be established at the level equal to the amount
of the in-lieu payment which would be required for the project
pursuant to Section 2 of this ordinance.
This shall be
determined by valuing each housing unit at $30,060, and each
square foot of improved park space at $48. No set percentage of
either housing or parks shall be required for any individual
development. The valuations of $30,060 per housing unit and $48
per square foot of improved park space shall be adjusted for
inflation by the percentage change in the Consumer Price Index as
specified in Section 2(0) of this Ordinance, except that
adjustments shall commence upon the effective date of this
Ordinance.
Cb) If the developer elects to develop the required parks
or housing on-site, the parks and housing must be approved by the
City prior to issuance of a building permit, unless it is being
constructed in a separate phase.
If the developer elects to
develop the parks and housing off-site, or on-site in a later
phase of the development, completion of the parks and housing
shall be secured by a letter of credit or other form of security
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acceptable to the city in favor of the City delivered prior to
issuance of a building permit. The developer must submit the
necessary plans, evidence of site control, and financing plans to
the city prior to issuance of the Certificate of Occupancy. If
the developer does not so demonstrate, prior to issuance of a
certificate of Occupancy, that the parks and/or housing
developments will be completed in a timely manner, the developer
shall pay the first 25% installment of the in-lieu fee to the
City, and subsequent annual installments, as required by section
1. If the developer does demonstrate that the parks and housing
developments are feasible and will be completed in a timely
manner, the security device shall remain in full force and effect
until the parks and/or housing developments are completed.
(c) Park space developed on-site or off-site pursuant to
this section shall meet the following minimum requirements:
(1) All required setbacks of the development shall be
provided and shall not count as park space.
(2) Park space shall be separated by a clearly defined
physical barrier, such as a fence, hedge, or other landscaping
treatment, from each adjacent building. The physical barrier
must be separated from each building by the normally required
setback.
(3) The park shall be a minimum of one-half acre.
(4) Park space shall be accessible to the general
public directly from public thoroughfares. Parks shall be
located so as to be highly visible from the surrounding streets.
(5) Parking spaces for the park shall be provided
according to a parking demand analysis which shall be the
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responsibility of the developer and which must be approved by the
city parking and Traffic Engineer. The parking for the park may
be counted as park square footage only if the parking is
dedicated solely to park users and can reasonably be restricted
for that purpose.
For any park of less than one acre, the
parking provided shall not be included in the park square
footage.
(6) Park space shall be improved to the satisfaction
of the city. I f any improvements required by the ci ty can be
clearly demonstrated to exceed $6.00 per square foot, averaged
for the entire park, as adjusted for inflation, the cost in
excess of $6.00 per square foot shall be credited to the
developer against the requirement under this section. The burden
of proof of excessive cost shall lie with the developer, and the
City shall clearly approve any excess expenditure as part of its
approval process.
(7) Park space shall be dedicated to, and maintenance
shall be the responsibility of, the City, unless alternative
mutually acceptable agreements are made between the City and the
developer.
(d) Low and moderate income housing developed on-site or
off-site pursuant to this section shall meet the following
minimum requirements:
(1) All units must be affordable to households earning
no more than 80% of the median area income, as published by the
united states Department of Housing and Urban Development and
amended from time to time.
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(2) The formulas for establishing rents shall be the
same as those established for the City's inclusionary housing
program of the Housing Element.
(3) Units that are required to be provided on-site or
off-site under the terms of a Removal Permit from the Rent
Control Board by an office development that will displace
existing controlled rental units may not be counted towards the
satisfaction of the requirements of this Section.
(4) Units shall be targeted primarily to families and
shall have an average of at least two bedrooms.
(5) A management plan describing how tenants will be
selected and how the building will be managed shall be approved
by the City.
(6) Units must be deed-restricted for at least fifty
(50) years to remain affordable to low and moderate income
persons. At the end of this 50 year period, the units shall be
dedicated to the City or its designee.
SECTION 4. Use of In-Lieu Fees.
(a) Each payment made pursuant to section 1 of this
Ordinance shall be deposited into two Reserve Accounts in the
General Fund as follows:
(1) Forty-five percent (45%) shall be deposited into a
Housing Mitigation Fund to be used for the development of low and
moderate income housing.
(2) Forty-five percent (45%) shall be deposited into a
Parks Mitigation Fund to be used for the acquisition and
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development of new parks or for significant capital improvements
which increase the recreational opportunities of existing parks.
(3) Ten percent (10%) shall be deposited into an
account which may be transferred to either the Housing Mitigation
Fund or Park Mitigation Fund.
(b) If any development meeting the Project Mitigation
Measures under Section 3 of the Ordinance does not provide such
mitigation measures in accordance with a 50% (housing) 50%
(park) formula, the value of the excess contribution for housing
or parks shall result in a transfer from the appropriate Reserve
Account as follows:
(1) If the value of the park was more than 50% of the
total value of the project Mitigation Measures, the following
amount shall be transferred from the Park Reserve Account to the
Housing Reserve Account:
50% of total value of the Project
Mitigation Measures less the value of housing actually provided.
(2) If the value of the housing was more than 50% of
the total value of the Project Mitigation Measures, the following
amount shall be transferred from the Housing Reserve Account to
the Park Reserve Account: 40% of the total value of the Project
Mitigation Measures less the value of the park actually provided.
SECTION 5. Inconsistent provisions. Any provision of the
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.
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SECTION 6.
Severability.
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 the 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. 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 effective 30 days from its adoption.
APPROVED AS TO FORM:
^ ...J_ _ ..c. \ \__
, '"V"'"" IrJoV'l ",-. - - 0- - -
ROBERT M. MYERS
City Attorney
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Adopted and approved thiS 30th day of April, 1986.
lV,-ic, ~ 1 ~
! " Mayor .
I hereby cert ify that the foregoing Qrd inance No. 1367 (CCS)
was duly and regularly introduced at a meeting of the City
Council on the 22nd day of April 1986; that the said Ordinance
was thereafter duly adopted at a meeting of the City Council on
the 30th day of April 1986 by the following Council vote:
Ayes: Councilmembers:
Epstein, A. Katz, Zane and Mayor
Reed
Noes: CounCilmembers:
Conn
Abstain: Councilmembers:
None
Absent:
Councilmembers:
Jennings and H. Katz
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ATTEST:
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