SR-8-A (2)
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Santa Monica, California
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CA:RMM:ll582bjhpc
city Council Meeting 4-3-90
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SUPPLEMENTAL STAFF REPORT
TO:
Mayor and City Council
FROM:
city Attorney
SUBJECT:
Ordinance Amending Santa Monica Municipal Code
sections 9420, 9421, 9422, 9423, 9424, 9427,
9428 and 9429 Relating to the Inclusionary
Housing Program
The accompanying ordinance has been amended in two respects
since it was distributed to the city Council for introduction at
the March 27, 1990, city Council meeting. First, it has been
brought to our attention that there is an inconsistency between
the Staff Report and the Ordinance with regard to the wording of
Municipal Code Section 9422(C) (1). This inconsistency has been
eliminated by substituting the word IIfiled1t for the word
"approvedU in the third line of the paragraph.
This change
correctly reflects the City council's direction that the new
inclusionary requirements apply to all projects for which an
application was filed after December 13, 1989. It was not the
city council's intent that the new requirements apply to project
applications which had been filed prior to December 13, 1989.
Second, since the last phrase of this section assumed that the
ordinance would be introduced for first reading on March 27,
1990, and it will instead be introduced on April 3, 1990, the
Section has been amended by replacing the previous language with
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staff has determined that it is necessary to perform, or
contract for the performance of, economic studies and a more
detailed analysis than can be done in the near term, to determine
the appropriate on-site requirement and fee structure.
Thus,
staff proposes that an interim ordinance be adopted pending
completion of the required economic studies.
staff proposes that the interim ordinance apply to all
projects of three units or more, and that the inclusionary
requirement be increased from fifteen percent (15%) to thirty
percent (30%).
Under staff's proposal, in order to meet the
thirty percent (30%) requirement, at least twenty percent (20%)
of the units to be constructed in a project must be affordable to
low-income households and ten percent (10%) must be affordable to
moderate-income households.
"Low-income" is proposed to be
defined as below sixty percent (60%) of the area median income.
"Moderate-income" is proposed to be defined as between sixty-one
percent (61%) and 100 percent (100%) of the area median income.
These definitions have been revised in order to parallel the
definitions contained in Assembly Bill 1863, which recently
amended the state density bonus provisions contained in
Government Code Section 65915 et seq.
The accompanying
ordinance has been prepared in accordance with these parameters.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be introduced for first reading.
PREPARED BY: Robert M. Myers, City Attorney
Laurie Lieberman, Deputy city Attorney
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