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CA:RMM:lld634b/hpc JUl 2 <1 1990
city Council Meeting 7-24-90 Santa Monica, California
STAFF REPORT
TO: Mayor and City Council
FROM: City Attorney
SUBJECT: Ordinance Amending Santa Monica Municipal Code
Section 9422 Relating to the Applicability of
1990 Revisions to the City's Inclusionary Housing
Program
At its meeting on July 10, 1990, the City Council
introduced for first reading an ordinance amending Municipal Code
section 9422 relating to the applicability of the 1990 revisions
of the city's Inclusionary Housing Program to delay the effective
date for small projects from March 27, 1990, to April 17, 1990.
The ordinance is now presented to the city Council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be adopted.
PREPARED BY: Robert M. Myers, city Attorney
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I City council Meeting 7-24-90 Santa Monica, California
ORDINANCE NUMBER 1532(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA
MUNICIPAL CODE SECTION 9422 RELATING TO THE
APPLICABILITY OF 1990 REVISIONS TO THE CITY'S
INCLUSIONARY HOUSING PROGRAM
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 9422 is
amended to read as follows:
SECTION 9422. Applicability.
(a) An inclusionary requirement
shall apply to all projects involving new
construction of two or more residential
market rate dwelling units or condominium
or cooperative conversion of two dwelling
units or more.
(b) The construction of any
multiple rental or limited equity
cooperative housing which has a recorded
deed restriction requiring occupancy of
all units in the project by and rent
levels of all units affordable to low and
moderate income persons or households for
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.
a period of not less than 30 years, and
.
which is either financed by federal,
state, or local housing assistance, or
owned by religious or other non-profit
organization shall be exempt from the
requirements of this Chapter.
(c) (1 ) The 1990 revisions to
this Chapter shall apply to any project
for which an application for a project
with five or more units was filed with the
City Planning Division on or after March
27, 1990. The 1990 revisions to this
Chapter shall apply to any project for
which an application for a project with
fewer than five units was filed with the
city Planning Division on or after April
17, 1990.
(2) A project not subject to
the 1990 revisions to this Chapter
pursuant to subdivision (c) (1) of this
section shall be subject to the provisions
of this Chapter as they existed on the
date of approval of the application for
the project, unless the applicant
voluntarily requests that the amendments
of this Chapter apply to the proj ect . In
the event of such a request, the
provisions of this Chapter shall apply to
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such project unless the request is barred
.
by the provisions of section 9424(g) of
this Chapter.
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 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 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 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 15 days after its adoption. This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
(l,t1:-....Jt Vv'- ~
ROBERT M. MYERS (
City Attorney
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Adopted and approved this 24th day of July, 1990.
Ds., 21~
I hereby certify that the foregoing Ordinance No. l532(CCS)
was duly and regularly introduced at a meeting of the City
Council on the lOth day of July 1990: that the said Ordinance was
thereafter duly adopted at a meeting of the City council on the
24th day of July 1990 by the fOllowing Council vote:
Ayes: councilmembers: Abdo, Finkel, Genser, Jennings,
Katz, Reed, Mayor Zane
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: None
ATTEST:
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A!:.~T citty Clerk