O1944
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CIty Council Meeting 5-25-99
Santa MOnica, California
ORDINANCE NUMBER 1944 (CCS)
(City Council Serres)
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ENACTING A MORATORIUM ON MULTI-FAMilY RESIDENTIAL
DEVELOPMENT IN THE CITY'S MULTI-FAMilY RESIDENTIAL DISTRICTS,
DECLARING THE PRESENCE OF AN EMERGENCY
THE CITY COUNCil OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOllOWS
SECTION 1 FindIngs and Purpose The Council finds and declares
(a) DrastiC changes In state law and the local economy have propelled the City to
a crossroad In Its hIstory at which the City must now pause to ensure that its land use laws
and poliCIes are adequate to ensure Its future welfare
(b) The gravIty of this sItuation IS greatly intenSified by the fact that Santa MOnica
has much to lose located atthe western edge of the Los Angeles baSin, the City affords
a unique combination of natural splendors -- bfoad beaches, stunning Views, mIld weather
and clean aIr -- together with sophisticated urban amenities and a community scale that
respects both the natural environment and Individual needs All this eXists In a very small
space -- Just eIght square miles
(c) In that small space, the City teems wIth activity It IS home to 90,000 residents,
and Its population denSIty, 11,200 persons per square mIle, is the highest among coastal
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commUnitIes in Los Angeles County. Santa MOnica IS also the workplace for approximately
155,000 workers and a destination for as many as 400,000 dally VISItors Thus, extreme
density complicates plannIng efforts and makes preservatIon of the quality of life a dIfficult
challenge
(d) Moreover, planning difficultIes are exacerbated by the fact that the CIty is fully
bUilt-out and has been so for decades As of November 1995, there were only sixty-two
(62) vacant residential parcels out of approximately 6, 132 multi-family zoned parcels In the
entIre City Since then, even this limIted number of vacant parcels has shrunk Thus,
planning flexibilIty IS limited by the reality that reSidentIal development In the City's
reSidential districts means change -- not expansIon -- and Virtually any new project or
constructIon replaces an eXlstmg structure or Improvement
(e) Planning dIffIculties afe most acute In the multi-family districts which are the
largest and densest In the City Santa MOnica has the highest percentage of land zoned
multi-family residential among westslde/south bay JUrisdictions PermItted densltles In
these zones range from approximately 29 Units to approximately 48 units per acre. As
a result of these standards, the vast majority of CIty residents live In multi-family dwellings
Most of them live In the City's 37,000 apartment unIts
(f) In the past, the dynamiC created by competIng demands for use of a small,
choice space has brought the City to crossroads on other occasIons I n the late 1970's,
the City faced a severe shortage of rental hOUSing precipitated In part by a "Demolition
Derby" -- a fifteen (15) month period dUring which over 1,300 rental hOUSing Units were
demolished and hundreds of others were converted Into condominiums These hOUSing
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Units wefe removed from the market at ten (10) tImes the rate of removal (relative to
populatIon) of Los Angeles
(g) The CIty Council wrestled with the polIcy Issues raIsed by the Demolition Derby
but could not resolve them So the voters took control They amended the City Charter by
adopting a stringent Rent Control Law The law Imposed stnct controls on rents, whIch
applied even when unIts were vacated, and restncted the demolition or conversion of
controlled Units. Legal challenges ensued, but the courts upheld the law as a legitimate
exercise of the City's pohce power to provide for the health, safety and welfare of Its
reSidents.
(h) The Rent Control Law had the effect of limIting change In the multi-family areas
ofthe City In the years following Its adoption of the Rent Control Law, the CIty maintained
a stable and diverse residentIal population, and the multi-family neighborhoods retaIned
their basIc character and scale. Most structures In these neighborhoods afe one or two
stones high. Many have gardens, lawns or courtyards. Thus, despite their denSity, these
neighborhoods retained a unique sense of space, greenery and lIght condUCIve to human
Interaction and qUietude. The streets In the fesldentlal neighborhoods were "pedestnan
fnendly" A City survey showed that walking became City reSidents' favorite recreatIonal
activity
(I) Meanwhile, In the years follOWing the adoption ofthe Rent Control Law, the rest
of the City developed and changed rapIdly In the Single family dIstricts, hOUSing pnces
skyrocketed. By the early 1980's even older, very small homes In the R-1 Dlstnct were
selling for $250,000 or more. Pnces dipped In the early 1990's, and shot upwards again,
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making it virtually Impossible for low or moderate Income families to purchase homes In the
R-1 District
(]) At the same time, the numbers of workers coming to the City each day swelled
as multi-story office parks were bUilt in the central city. Moreover, commuter numbers will
increase dramatically as new multi-story office bUIldings are completed dUring the next two
years Additionally, as the City shifted Its revenue base to hotel taxes, many large new
hotels were bUilt, and the CIty became an Internationally acclaimed vacatIon spot hostIng
approxImately 2,355,000 vIsitors In 1997
(k) Thus, the City boomed and became richer and more crowded, but the multI-
famIly fesldentlal neIghborhoods remaIned relatively qUiet and stable consldenng their
denSity Accordingly, for years, a balance was struck between residential and commercial
Interests wh Ich preserved the character ofthe CIty's multi-family residential neighborhoods
but allowed the City to flOUrish economically
(I) In 1994, natural disaster swept the City Into a penod of transition. On January
17th, the City suffered Widespread damage to both its reSIdential and commercial districts
as a result of the Northndge earthquake The earthquake rendered approximately 3,100
dwelling umts Uninhabitable and damaged thousands of other propertIes thus necessitatIng
substantial rebUilding However, the balanCing of resIdential and commercIal interest
remained unchanged
(m) Recent changes In state law destroyed this balance. In 1996, In response to
intense lobbYing efforts by landlords and real estate developers. the State Legislature
drastically restricted local control of hOUSing poliCY by adoptIng the Costa-Hawkins Rental
Housing Act of 1995 ("Costa-HawkIns") Costa-HawkIns weakens local rent control by
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phasing In mandatory vacancy decontrol, which became fully effective in January of this
year This sIgnaled the end of local rent control as It had existed for almost twenty years
m Santa MOnica It also threw the communIty Into a period of extreme uncertainty as the
potential for radical change loomed large
(n) Costa-Hawkins has already had a dramatic Impact on the City's housmg stock
Between January 1 and March 31, 1999, nine hundred and fifteen (915) vacancy
registratIons have been processed by the Rent Control Board These registratIon forms
set forth the new rent fOf unIts decontrolled by Costa-Hawkins The vacancy Increases
have resulted In the loss of 582 Units affordable to low Income households If vacancy
registrations continue to be filed at the same rate, It IS estimated that almost 2400 Units that
had been affordable to low income households will be lost ThiS figure represents, 10 one
year, a citYWide loss of approximately 10% of the Units that had been affordable to low
Income households.
(0) ThIS loss of affordablllty has a number of serious repercussIons. At a time when
the demand for affordable hOUSIng already exceeds supply, the addItional loss of
affordable hOUSIng will only serve to exacerbate thiS problem Low Income households
will face almost Insurmountable odds In securing affordable hOUSIng and such housing will
not be available to new low income households seeking to move mto the City. Individuals
presently working 10 the City will fInd It increasingly difficult to find affordable hOUSIng The
new Jobs that will be created by the additional commercial development ongoing In the City
will only serve to aggravate thiS hOUSing CriSIS by generating additional demands on thiS
limIted su pply of hOUSing The result will be that these workers will be forced to live In more
distant commumties and commute to Santa MOnica This trend WIll add to the already
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heavy burden on the region's congested streets and overtaxed transportation system The
loss of this housing will also result In Increased over-crowding for those mdlvlduals who are
unable to secure larger affordable umts as thelf need for such units develop
(p) At the same tIme as Costa-Hawkins was phasing In, the City was experiencing
a time of unprecedented economic boom Land values were skyrocketing agaIn In the
single famIly neIghborhoods, small lots sold for sums ranging from hundreds of thousands
of dollars to a million or more. Modest forty-year old homes sold for as much as half a
million dollars The burgeoning economy Impacted the multi-famIly development as well
Between 1996 and 1997, the number of multi-family hOUSing Units approved for
constructIon almost tripled Prior to that time, the three year average was under 80 new
umts per year. In 1997 the number Jumped to 234 (excluding one enormous and highly
unusual project of 351 Units)
(q) Along With the economic boom and accelefatlon In bUIlding came a dramatic
shift In demographics The vast maJorrty of new, prrvately bu lit unIts were for upper income
purchasers These new hOUSing developments have committed scarce land resources to
proViding luxury hOUSing which IS unaffordable to most reSidents of the City. Moreover,
market conditions, Including the high cost of residential land, construction costs, and the
availabilIty and cost of fInanCIng, make the development of affofdable housing in the City
extremely difficult
(r) These trends are continuing Planning approvals for multi-famIly constructIon
will substantially exceed the rate approved last year Accelerated development Impacts
the City as a whole and also Impact the dally lives of reSidents who must cope With the
nOise and Interference caused by construction undertaken In a crowded, fully developed
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community. Construction matenals and equipment are often placed In the roadway and/or
on sidewalks, thereby obstructing both vehicular and pedestnan traffic. Neighborhood
aesthetics suffer.
(s) This construction boom will likely continue A significant amount of the City's
residential housing stock was bUilt pnor to the 1960's Parcels developed with older
structures tend to be developed at densIties and heights that are lower than what is
currently allowed by zOning Given these conditions and the booming economy, there is
a high likelihood that a Significant amount of construction will occur In the City WIth ItS
attendant disruptIon to reSidents' peace and qUIet enjoyment
(t) The redevelopment of these currently underdeveloped properties at greater
height and densities would also result in the loss of views and light and could pose a thfeat
to the eXistIng chafacter of neighborhoods and the City's unique natural environment
(u) There IS also a SignifIcant shortage of reasonably available and convenient
parking spaces In these residential dlstncts ThIs IS demonstrated In part by the large
number of preferential parking dlstncts that have been established by the City and the
contmued demand for the creation of new preferential parkIng dlstncts. Given the growing
affluence of the communIty, Increased development may exacerbate an already
unacceptable level of parkIng problems
(v) I n order to address the changes resulting from Costa-Hawkins and from the
economic boom, In part, the City undertook a revIsion of Its hOUSing policies through the
process of amending the City's HOUSing Element This was a difficult process State
HOUSIng Element law purports to fequlfe citIes to continually proVide new hOUSing
However, Santa MonIca IS fully bUilt out and committed to neighborhood preservation
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Despite this problem and an addItional problem caused by the State's failure to supply
RHNA numbers, Santa MOnica completed the amendment process last summer, and the
State approved its amendment The Housing Element establishes the City's fair share at
3,219 housing Units and Its quantified objective at 1,542 housIng umts These objectives
are based exclusively on the construction of new housIng.
(w) After the City completed reVISions, the State again changed the law. This time,
the State amended the Housing Element law to allow cities to count rehabilitated unIts In
meeting their "fair share" of housIng opportunities This change has major significance for
Santa Momca because the City has an aging housing stock and a strong commitment to
neighborhood preservation AccordIngly, consistent with local policies favoring
preservation, the City needs the opportunity to evaluate whether this change in state law
affords new opportunities for the City to fulfill ItS own goals. This process will take some
tIme because the state law which allows the counting of rehabilItated units IS complicated
and difficult to utilize
(x) Maintaining the umque character of Santa Monica's neighborhoods IS Important
for many reasons First, CIty residents value theIr nelghbofhoods. The preservatIon of
neighborhoods promote a sense of place and loyalty from residents It provides residents
with quiet enjoyment in their homes and a commumty which eXists on a pedestrian friendly
scale Design and development standards which are sensitive to eXisting neighborhood
conditIons can further environmental and SOCial goals Preservation of eXisting
neIghborhoods can serve to maIntain the City's supply of affordable housing and ItS
architectural diversity Meanwhile, workers need good traffic circulation, adequate parking
and perhaps even places to lIve T OUflStS expect to recreate in an aesthetically appealing
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community which combines entertainment opportunities with small town warmth and
charm
(y) The City must address the very difficult question of how to balance these
competing demands and fulfill ItS legal responsibility to provide affordable housing in new
ways The method which worked for twenty years has been eVIscerated by State action.
Time IS needed to exped Itlously evaluate the new optIon for rehabilitation su pplied by state
law.
(z) For the reasons detaIled, the continuing development of multi-family housing In
the City's residential zones prior to the comprehensive review of the City's housing and
land use policies and regulatIons presents a current and Immediate threat to the public
peace, health, safety, and welfafe If ufgent action IS not taken, Irreversible development
activity will continue unabated, thereby committing scarce land resources to development
that IS not In the best Interests of the resIdents of the CIty. The approval of additional
multi-family housmg development in the CIty's multI-family housing distncts, With limited
exceptIon, pending the City's review of ItS hOUSing and land use policies and regulations
would result In a threat to the public health, safety, and welfare.
SECTION 2 MOfatoflum
(a) Subject to the exemptions set forth In Section 3 of thIS Ordinance, a moratorium
IS hereby placed on the acceptance for processing of any applications for approval of
tentative tract maps, tentatIve parcel maps, administrative approvals, development review
permits, and cond Itlonal use permits, for any reSidential bu ildlng or structure, including any
hotel or motel, on properties located In multi-family resIdentIal districts in the City For
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pUfposes of this Ordinance, the multi-family residential districts In the City are: R2R, R2,
R3, R4, RVC, RMH, OPDuplex, OP2, OP3, OP4, NWOverlay, R2B, and R3R
(b) Subject to the exemptions set forth In SectIon 3 of this Ordinance, the Planning
CommISSion and City staff are hereby directed to disapprove all applications whIch have
not been deemed complete as of May 25, 1999, for tentative tract maps, tentative parcel
maps, administratIve approvals, development revIew pefmlts, and conditional use permits
for any residential building or structure, including any hotel or motel, on properties located
In multi-family residential dlstrrcts In the City.
SECTION 3 Exemptions. The follOWing applications are exempt from the
Pfovlslons of SectIon 2 of this Ordinance
(a) ApplicatIons for approval of permits involVing the erection, construction,
enlargement, demolItion or moving of, and excavation and grading for any multiple
dwelling development Intended for rental housing for persons of low and moderate Income
and whIch development IS financed by any federal, state or City hOUSing assistance
program or owned by any non-profit organization, provided the Director of Planning
determInes that such development IS In conformance wIth the General Plan and the Zoning
OrdInance and proVIded a deed restnctlon IS recorded restricting the development to such
purpose.
(b) Applications for approval of permits involVIng the erection, construction, and
excavatIon and grading for an additional reSIdentIal dwelling Unit on a site which currently
contains and WIll maintain an eXisting Single family home
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(c) Applications for approval of permits mvolvmg the erection, construction,
enlargement of, and excavatIon and gradIng for, projects whIch will be developed on sites
that were vacant as of May 25, 1999
SECTION 4 This ordinance IS declared to be an urgency measure adopted
pursuant to the provIsIon of Section 615 of the Santa MOnica City Charter As set forth
In the findings above, this ordinance IS necessary fOf preservIng the public peace, health,
safety, and welfare
SECTION 5. This OrdInance shall be of no furthef force and effect forty-five (45)
days from the date of Its adoption, unless prror to that date, after a public heanng, noticed
pursuant to Santa Monica MUnicipal Code SectIon 9.04.20 22 050, the CIty Council, by
majority vote, extends thiS interim Ordinance
SECTION 6 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
effect the provIsions of thIS OrdInance
SECTION 7 If any sectIon, subsection, sentence, clause, Of phrase of thIS
OrdInance IS for any reason held to be invalid or unconstItutional by a decIsion of any court
of competent Junsdlctlon, such decIsion shall not affect the validIty of the remaining
portIons of thiS Ord Inance The City Council hereby declares that It would have passed thIS
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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 8 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
Its adoption
APPROVED AS TO FORM
!li
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S MOUTRIE
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Adopted and approved thIS 25th day of May, 1999 1
lAIA/l/t ()O?j1A-
plm O'Connor, Mayor
State of CalIforrua )
County of Los Angeles ) S5
CIty of Santa Moruca )
L Mana M Stewart, CIty Clerk of the CIty of Santa Moruca. do hereby certIfy that the
foregomg Ordmance No 1944 (CCS) had Its mtroductlOn and adoptIon on May 25, 1999.
by the followmg vote
Ayes
CouncIl members McKeown, Femstem, Bloom,
Mayor Pro Tern Genser. Mayor O'Connor
Noes
Councl1members Holbrook, Rosenstein
Abstam
None
Absent
None
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Mana M Slewan. Ctty ~