O1661
CA:MHS:a9422/hpadv
city Council Meeting 1-12-93
Santa Monica, California
ORDINANCE NUMBER 1661(CCS)
(city council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING
SANTA MONICA MUNICIPAL CODE SECTION 9.28.030
REGARDING INCLUSIONARY HOUSING
WHEREAS, the requirements of the inclusionary housing
ordinance of the ci ty of Santa Monica presently apply when a
project involves new construction of a single family home when it
is replacing more than one dwelling unit in a mUlti-family
district; and
WHEREAS, property development standards of the Zoning
Ordinance preclude the construction of more than one dwelling
unit on certain parcels in mUlti-family districts which currently
have more than one dwelling unit; and
WHEREAS, it is necessary to amend the Municipal Code to
exempt from the requirements of the inclusionary housing
ordinance those proj ects which involve new construction of a
single family home when it is replacing more than one dwelling
unit in a mUlti-family district, where development of more than
one dwelling unit would be prohibited under the zoning Ordinance,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
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SECTION l. Santa Monica Municipal Code Section 9.28.030 is
amended to read as follows:
SECTION 9.28.030. Applicability.
(a) An inclusionary requirement
shall apply to all projects for which a
development application was deemed
complete after February 11, 1992,
involving new construction of two or more
residential market rate dwelling units or
condominium or cooperative conversion of
two or more dwelling units; or involving
new construction of a single family home
when it is replacing more than one
dwelling unit in a mUlti-family district,
and more than one dwelling unit would be
allowed on the property under the
requirements of the zoning Ordinance. An
inclusionary unit requirement shall not,
however, apply to tenant participating
conversions governed by the provisions of
the Tenant Ownership Rights Charter
Amendment, Article XX of the Santa Monica
City Charter.
(b) A proj ect not subj ect to this
Chapter pursuant to subdivision (a) of
this section shall be subject to the
provisions of this Chapter as they
existed on the date the application for
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the proj ect was deemed complete, except
that with respect to any project for
which an application has been filed but
not approved at the time this Chapter
becomes effective, the applicant can
elect to have the provisions of this
Chapter apply to the project.
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, are hereby repealed or modified to that extent necessary
to effect 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 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.
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
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within l5 days after its adoption. This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
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Adopted and approved this l2th day of January, 1993.
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I hereby certify that the foregoing Ordinance No. 166l(CCS)
was duly and regularly introduced at a meeting of the City
Council on the l5th day of December 1992; that the saId Ordinance
was thereafter duly adopted at a meeting of the City Council on
the 12th day of January 1993 by the following Council vote:
Ayes: Councilmembers: Abdo, Genser, Greenberg,
Holbrook, Olsen, Rosenstein,
Vazquez
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: None
ATTEST:
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city Clerk