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CA:RMM:rmd309/hpca
City council Meeting 9-23-86
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Santa Monica, California
ORDINANCE NUMBER 1389 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ESTABLISHING IN-LIEU
FEES FOR COMPLIANCE WITH PROGRAM 12
OF THE HOUSING ELEMENT
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION l. In-Lieu Fees for Inclusionarv Housinq.
(a) Whenever the City requires as a condition of approval
of a market-rate housing development that the development include
inclusionary housing units pursuant to Program 12 of the Housing
Element of the General Plan, the developer may in lieu of
providing such on-site inclusionary housing pay a fee to the City
in accordance with the provisions of this section.
(b) The amount of the fee pursuant to this section shall
be determined as follows: $3.00 per gross square foot for the
first 10,000 square feet of development and $4.00 for each gross
square foot in excess of lO,OOO square feet.
(c) Any fee pursuant to this Section shall be paid in full
before a Certificate of Occupancy is issued for the housing
development.
(d) Any fee required by this Section shall be secured by
execution of an irrevocable letter of credit in favor of the city
or other security acceptable to the City for the total amount of
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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 housing development.
(e) Any payment made pursuant to this section shall be
deposited in a Reserve Account in the General Fund to be used
only for development of low and moderate income housing.
(f) This Section shall not apply to any housing
development for which an agreement has been executed between the
City and developer to provide for the on-site inclusionary unit
and the inclusionary unit has been occupied.
(g) This Section shall not apply to any housing
development in which a density bonus has been given pursuant to
Government Code Section 65915.
SECTION 2.
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further, is hereby repealed or modified to that extent necessary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 affect the provisions of this ordinance.
SECTION 3.
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
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any portion of the ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 4. 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 l5 days after its adoption.
effective 30 days from its adoption.
The ordinance shall be
APPROVED AS TO FORM:
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ROBERT M. MYERS
City Attorney
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Adopted and approved this 23rd day of September, 1986.
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I Mayor '
I hereby certify that the foregoing Ordinance No. 1389 (CCS)
was duly and regularly introduced at a meeting of the city
Council on the 9th day of September 1986; that the said Ordinance
was thereafter duly adopted at a meeting of the City council on
the 23rd day of September 1986 by the following Council vote:
Ayes: Councilmembers: Conn, Epstein, Jennings, A. Katz,
H. Katz, and Mayor Reed
Noes: councilmembers: Zane
Abstain: Councilmembers: None
Absent: Councilmembers: None
ATTEST:
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