O1529
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CA:RMM:lld613b/hpc
City Council Meeting 5-22-90
Santa Monica, California
ORDINANCE NUMBER 1529(CCS)
(City council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING ORDINANCE NUMBER 1486 (CCS)
TO EXTEND PROGRAM 10 OF THE HOUSING ELEMENT TO APPLY
TO CONVERSIONS AND CHANGES OF USE AS WELL AS DEMOLITIONS
WHEREAS, Program 10 of the Housing Element of the General
Plan of the City of Santa Monica adopted on January 25, 1983,
provides for a replacement housing program where removal of
existing multifamily residential rental dwelling units occurs in
order to preserve and maintain the city's overall housing stock
and population density; and
WHEREAS, on April 25, 1989, the City Council directed the
preparation of an initial study on a proposed ordinance
implementing Program 10; and
WHEREAS, the city Council desires to ensure that any
project demolishing multifamily dwelling units complies with the
Program 10 ordinance; and
WHEREAS, on June 27, 1989, the City Council adopted
Ordinance Number 1486 (CCS); and
WHEREAS, on April 10, 1990, the City council announced its
intention to amend Ordinance NUmber 1486 (CCS),
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
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SECTION 1. The following condition shall be imposed in
connection with the approval of any development proj ect where
removal of mUlti-family dwelling units occurs:
Prior to the issuance of a
certificate of occupancy for this project,
the project shall comply with any
ordinance adopted by the city Council to
implement Program 10 of the Housing
Element. In the event that such an
ordinance has not been adopted prior to
the issuance of a certificate of occupancy
for this development project, this
condition shall be of no further force and
effect. Failure to adopt an implementing
ordinance shall not excuse a developer
from the obligation to comply with any
other condition imposed in connection with
Program 10 of the Housing Element.
SECTION 2. Program 10 of the Housing Element and its
successor program shall hereinafter be interpreted to require the
replacement of multifamily residential units in the event of
removal of such units. A removal shall be deemed to have
occurred upon demolition of multifamily residential rental units
or upon the conversion of such units to other use. On or after
the effective date of this Ordinance, no department, commission,
board, or agency of the City shall issue any new permi t or
application to demolish, convert, or otherwise remove a
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multifamily residential rental unit unless the applicant has
complied with, or entered into an agreement satisfactory to the
city agreeing to comply with, Program 10 of the Housing Element
or its successor program and any ordinance adopted by the City
Council to implement such program.
SECTION 3. 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, are hereby repealed or modified to that extent necessary
to affect the provisions of this Ordinance.
SECTION 4. 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 any 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.
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SECTION 5. 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 after 30 days from its adoption.
APPROVED AS TO FORM:
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ROBERT M. MYERS U
City Attorney
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Adopted and approved this 22nd day of May, 1990.
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I hereby certify that the foregoing Ordinance No. 1529(CCS)
was duly and regularly introduced at a meeting of the city
council on the 15th day of May 1990; that the said Ordinance was
thereafter duly adopted at a meeting of the city council on the
22nd day of May 1990 by the following Council vote:
Ayes: Councilmembers:
Abdo, Finkel, Genser, Mayor Zane
Noes: Councilmembers:
Jennings, Katz, Reed
Abstain: Councilmembers:
None
Absent: Councilmembers:
None
ATTEST:
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