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CA:BAR:rord.emg/wpfiles/pc
City Council Meeting 10-27-92
Santa Monica, California
ORDINANCE NUMBER 1656 (CCS)
(City council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA EXTENDING A MORATORIUM
ON MULTIFAMILY RESIDENTIAL DEVELOPMENT WITH CERTAIN
EXEMPTIONS IN ORDER TO COMPLY WITH PROPOSITION RAND
DECLARING THE PRESENCE OF AN EMERGENCY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Findinqs and Purpose. The city council finds and
declares:
(a) On November 6, 1990, the voters of the city of Santa
Monica approved proposition R, adding section 630 to the City
Charter to read as follows:
The City Council by Ordinance shall at all
times require that not less than thirty
percent (30%) of all multifamily-residential
housing newly constructed in the City on an
annual basis is permanently affordable to and
occupied
by
low
and
moderate
income
households.
For purposes of this Section,
"low income household" means a household with
an income not exceedlng sixty percent (60%) of
the Los Angeles county median income, adjusted
by family size, as published from time to time
by the United states Department of Housing and
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Urban Development, and "moderate income
householdll means a household with an income
not exceeding one hundred percent (100%) of
the Los Angeles County median income, adjusted
by family size, as published from time to time
by the United states Department of Housing and
Urban Development. At least fifty percent
(50%) of the newly constructed units required
to be permanently affordable by this Section
shall be affordable to and occupied by low
income households.
(b) On March 3, 1992, the city council adopted Ordinance
Number 1615 (CCS) specifically to meet the requirements of
Proposition R.
(c) On March 20, 1992, the Santa Monica Housing Council and
Robert J. Sullivan filed suit against the City, Santa Monica
Rousing council, et al. v. City of Santa Monica, Los Angeles
Superior Court Case Number se 016169, contending, in part, that the
city had to amend Program 12 of its Housing Element before adopting
Ordinance 1615 (CCS).
(d) On August 28, 1992, the Court found that the City's
adoption of Ordinance No. 1615 (CCS) without first amending Program
12 of the City'S Housing Element violated state law.
(e) On August 31, 1992, the city sent a revised Housing
Element to the California Department of Housing and Community
Development ("HCD") for its review.
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(f) This document contains additions and revisions prepared
specifically in response to comments made by HCD to an earlier
version of the City's revised Housing Element submitted to HCD by
the City. The August 31, 1992 document also updates the Housing
Element to reflect changes in City ordinances and population and
income data from the 1990 census. The revised Housing Element
contains a descrlption of the passage of Propositlon R and its
implementation through adoption of Ordinance 1615. There is no
conflict between the revised Housing Element sent to HeD on August
31, 1992 and the provisions of Ordinance 1615.
(g) On September 23, 1992, the Court entered judgment
ordering the City in relevant part to refrain from enforcement of
Ordinance 1615 (CCS) until the city has amended its Housing
Element; to amend lts Housing Element to reflect the adoption of
Proposition R, and, if desired, Ordinance No. 1615 (CCS); and
pending the amending of the Housing Element, to process projects
under program 12 or establish a moratorium.
(h) The city appealed the Court's September 23, 1992 judgment
on September 24, 1992.
(i) The City's appeal of the Court's judgment automatically
stays the judgment, preventing the judgment from being effective
pending the resolution of the appeal.
(j} Santa Monica Housing Council and Robert J. Sullivan have
informed the City that they do not consider portions of the Court's
judgment stayed pending resolution of appeal and that they will ask
the Court to enforce those portions of the judgment should this
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Council adopt this ordinance.
(k) On September 29, 1992, Ordinance Number 1649 (CCS) was
adopted to ensure that the city is able to meet the requirements of
Proposition R should the stay of the Court's judgment be lifted or
the judgment otherwise enforced. Proposition R mandates that on an
annual basis not less than 30% of all multifamily residential
housing newly constructed in the City be permanently affordable to
low and moderate income households. Historically, multifamily
residential housing developed in the City falls far short of this
30% requirement. Simply processing development projects pursuant
to the existing Program 12 provisions would not enable the City to
meet the requirements of Proposition R. Thus, this emergency
moratorium was adopted so that the City would be able to meet the
mandate of Proposition R. This ordinance will expire on November
13,1992.
(1) On October 16, 1992, the HCD reported its written
findings to the City concerning the revised Housing Element. RCD
believes that additional changes to the revised Housing Element are
needed before the Revised Housing Element will comply with state
law. The City is in the process of formulating a response to HCD's
findings.
(m) It is anticipated that the revlsed Housing Element will
not be presented to the Santa Monlca Planning Commission and the
Santa Monica City Council for review until early 1993 since the
environmental impact report being prepared in conjunction with the
Revised Housing Element will not be completed until that time.
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(n) Given that the City would not be able to meet the
obligations of Proposition R should the stay be lifted or the
judgment otherwise enforced and this ordinance not be enacted,
there is a current and immediate threat to the public health,
safety, or welfare of the city. The processing of tentative tract
maps, tentative parcel maps, use permits, variances, building
permits or other city permits for multi-family residential
development contrary to the terms of this ordinance would also
result in a threat to public health, safety, or welfare.
(0) This ordinance is adopted in conformity with Santa Monica
Municipal Code Section 9120.6.
SECTION 2. Applicability.
The provisions of sections 3 and 4 of thls ordinance shall
become immediately operative the date that any of the following
events occur:
(a) The stay of the judgment in Santa Monica Housinq Council.
et ale v. city of Santa Monica, Los Angeles superior Court Case
Number SC 016 169 is lifted pursuant to the provisions of Code of
Civil Procedure Section 1110b or the judgment, or any portion
thereof, otherwise becomes effective.
(b) The City is prohibited from enforcing the provisions of
Ordinance 1615 (CCS) pursuant to any court order.
SECTION 3. Moratorium. ~
(a) Subject to the exemptions set forth in Section 4 of this
Ordinance, a moratorium is hereby placed on the acceptance for
processing of any applications for approval of tentative tract
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maps, tentative parcel maps, administrative approvals, development
review permits, conditional use permits, or any other city permits
for the erection, construction, moving, and excavation and grading
for, any mUlti-family residential building or structure.
(b) Subject to the exemptions set forth in Section 4 of this
Ordinance, the Planning commission and city staff are hereby
directed to disapprove all applications for approval of tentative
tract maps, tentative parcel maps, administrative approvals,
development review permits, conditional use permits, or any other
City permits for the erection, construction, moving, and excavation
and grading for, any mUlti-family residential building or
structure.
SECTION 4. Exemptions. The following applications are exempt
from the provisions of Section 3 of this Ordinance:
(a) Applications for approval of permits involving the
erection, construction, enlargement, demolition, or moving of, and
excavation and grading for any mUlti-family residential development
intended for rental housing for persons of low and moderate income
or for senior citizens, and which development is financed by any
federal, state or City housing assistance program or owned by any
non-profit organization, provided a deed restriction is recorded
restricting the development to such purpose.
(b) Applications for approval of permits involving the
erection, construction, and excavation and grading for any multi-
family residential development that has already obtained a vesting
tentative map from the City that has not subsequently expired.
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(c) Applications for approval of permits involving the
construction and excavation and grading for, mUlti-family
residential developments where the following requirements are met:
(1) The applicant proposes that thirty percent
(30%) of the total number units to be constructed on site by the
applicant, excluding any density bonus units the applicant is
entitled to under Government Code Section 65915, shall be
permanently affordable to and occupied by low and moderate income
households as provided for in this subsection.
(2) Fa}:' purposes of this subsection, "low income
household" means a household with an income not exceeding sixty
percent (60%) of the Los Angeles County median income, adjusted by
family size, as published from t~me to time by the united states
Department of Housing and Urban Development, and "moderate income
household" means a household with an income not exceeding one
hundred percent (100%) of the Los Angeles County median income,
adjusted by family size, as published from time to time by the
united states Department of Housing and Urban Development.
(3) At least fifty percent (50%) of the newly
constructed units required to be permanently affordable by this
subsection shall be affordable to and occupied by low income
households.
(4) In determining the number of inclusionary units
required, any decimal fraction less than 0.5 shall be rounded down
to the nearest whole number, and any decimal fraction of 0.5 or
more shall be rounded up to the nearest whole number. However, in
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determining the number of low income inclusionary units required,
any decimal fraction less than 0.5 shall be rounded up to the
nearest whole number.
(5) At the time of filing an application with the
City's Planning Department for permission to develop multi-family
market rate dwelling units, the developer shall specify the number,
type, location, size, and construction schedule of all dwelling
units proposed to be developed and shall indicate which of the
dwelling units, if any, are intended to satisfy the inclusionary
housing requirements of this Chapter.
(6) If located on the project site, inclusionary
units shall, whenever reasonably possible, be evenly distributed
throughout the project. The applicant may reduce either the size
or interior amenities of the inclusionary units as long as there
are not significant identifiable differences between inclusionary
and market rate units visible from the exterior of the units and
the size and design of the units are reasonably consistent with the
market rate units in the proJect, provided that all units confirm
to the requirements of the applicable Building and Housing Codes.
Inclusionary units provided shall have at least the same number of
bedrooms as the average unit in the proJect and if the floor area
of the inclusionary units is not the same as the floor area of the
market rate units at the project, each of the inclusionary units
shall satisfy the following minimum total floor area, depending
upon the number of bedrooms provided:
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0 Bedroom 500 Square Feet
1 Bedroom 600 Square Feet
2 Bedrooms 850 Square Feet
3 Bedrooms 1080 Square Feet
4 Bedrooms 1200 Square Feet
(7) All inclusionary units in a project or a phase
of a project shall be constructed concurrently with the
construction of market rate units in the project or phase of that
project.
(8) Incluslonary units developed on the project
site must be rental units in rental or ownership projects.
(9) The city shall, on an annual basis, set maximum
allowable rents for inclusionary units, adjusted by the number of
bedrooms. Such maximum allowable rents shall be set at rates such
that qualified occupants for low income units pay no more than
thirty percent (30%) of the gross monthly household income for
households earning 60% of the median income. Qualified occupants
for moderate income units shall pay no more than 30% of the gross
household income for households earning the median income. The
owner of each inclusionary unit shall retain discretion in the
selection of eligible renters for that unit, provided that such
renters meet the requirements of Subsections (c) (10)-(c) (12) of
this Section.
(10) Only low and moderate income households shall
be eligible to occupy inclusionary units. The City may establish
administrative guidelines for determining household income, minimum
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and maximum occupancy standards and other compatible eligibility
criteria. The city council may, by resolution, approve a tenant
certification process with which a project applicant subject to
this Chapter shall be requlred to comply.
(11) The following individuals, by virtue of their
position or relationship, are ineligible to occupy an affordable
unit:
(i) All employees and officials of the City of
Santa Monica or its agencies, authorities, or commissions who have,
by the authority of their position, policy-making authority or
influence affecting city housing programs.
(ii) The immediate relatives, employees, or
other persons gaining significant economic benefit from a direct
business association with public employees or officials.
(iii) The immediate relatives of the applicant
or owner, including spouse, children, parents, grandparents,
brother, sister, father-in-law, mother-in-law, son-in-law,
daughter-in-law, aunt, uncle, niece, nephew, sister-in-law, and
brother-in-law.
(12) In setting priori ties among eligible
households, first priority shall be given to santa Monica
residents, second priority to persons employed in Santa Monica, and
third priority to other persons.
(13) Prior to the issuance of a bUllding permit for
a project exempt under this subsection, the applicant shall submit
deed restrictions or other legal instruments setting forth the
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obligations of the applicant under this subsection for city review
and approval. Such restrictions shall be effective for the
lifetime of the project.
(14) The requirements of this subsection shall be
made conditions to the approval of any application filed pursuant
to this subsection.
(d) App11cations for approval of permits involving the
rehabilitation or enlargement of existing dwelling units.
SECTION 5. This ordinance shall be of no further force and
effect ten (10) months and fifteen (15) days from its adoption.
SECTION 6. This ordinance is declared to be an urgency
measure adopted pursuant to the provisions of section 615 of the
Santa Monica City Charter. It is necessary for preserving the
public peace, health and safety, and the urgency of its adoption is
set forth in the findings above.
SECTION 7. 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 not further,
are hereby repealed or modified to that extent necessary to affect
the provisions of this Ordinance.
SECTION 8. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconsti tutional 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
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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 9.
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 upon adoption.
APPROVED AS TO FORM:
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JO PH LAWRENCE
Acting City Attorney
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Adopted and approved this 27th day of october, 1992.
I hereby certify that the foregoing Ordinance No. l656(CCS)
was duly and regularly introduced at a meeting of the city
Council on the 27th day of October 1992; that the said Ordinance
was thereafter duly adopted at a meeting of the city Council on
the 27th day of October 1992 by the following Council vote:
Ayes: Councilmembers: Abdo, Genser, Holbrook, Olsen,
Vazquez, Zane
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: Katz
ATTEST:
/' -: -
/6'duc; ~~.
~ ~ City ClerK
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