SR-407-000-07 (2)
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City Council Meeting 5-8-90
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Santa Monica, California
STAFF REPORT
TO:
Mayor and City Council
City Attorney
FROM:
SUBJECT:
Ordinance Establishing A Hardship Procedure for
Reducing Mitigation Fees for Removal of Low
Cost Lodging Accommodations Established by
Ordinance Number 1516 (CCS)
At its meeting on February 27, 1990, the City Council
adopted Ordinance Number 1516 (CCS), which implements Policy 45
of the City of Santa Monica Draft Local Coastal Program. The
ordinance established mitigation fees in the sum of $8,000 per
unit for the removal of low cost lodging accommodations in the
Santa Monica Coastal Zone. At the same meeting, the City council
directed the City Attorney to amend Ordinance Number 1516 (CCS)
to provide a hardship claim procedure.
In response to this
direction, the accompanying ordinance has been prepared and is
presented to the City Council for its consideration.
The accompanying ordinance establishes a hardship procedure
which permits an applicant, based upon economic justification
considerations only, to seek a reduction in the mitigation fee
required under Ordinance Number 1516 (CCS) from $8,000 per unit
to a low of $5,500, depending upon the facts of the case.
certain procedures must be followed by hardship applicants and
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the city Council has 120 days from the date of filing of a claim
to hear and determine whether or not to grant the claim.
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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CA:RMM:lld6l4b/hpc
City council Meeting 5-8-90
Santa Monica, California
ORDINANCE NUMBER
(City council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ESTABLISHING A HARDSHIP
PROCEDURE FOR REDUCING MITIGATION FEES FOR REMOVAL
OF LOW COST LODGING ACCOMMODATIONS ESTABLISHED BY
ORDINANCE NUMBER 1516 (CCS)
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Any person required to pay a mitigation fee
pursuant to Ordinance Number 1516 (CCS) may file a hardship claim
in accordance with the following procedure:
(a) Any person claiming a hardship
from Ordinance Number 1516 (CCS) must
substantiate the claim in a proceeding
under
this
section.
In
such
a
proceeding,
the person claiming
the
hardship shall have the burden of proof.
(b) Claims of hardship shall be
determined by the City Council.
Claims
shall be filed on a form approved by the
ci ty Attorney.
The City Council shall,
within 120 days of the date of filing of
a claim, hear and determine whether to
grant or deny the claim.
Decisions of
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the City Council shall be reviewable by
writ of mandate, subject to the ninety
(90) day time limitation set forth in
Santa Monica Municipal Code Section l400.
(c) In order to obtain a hardship
exception, the claimant must show each of
the following:
(1) That a reasonable
economic return will be denied unless
removal of the existing units is
accomplished.
(2 )
That
the
proposed
replacement project will not generate a
reasonable economic return upon
appl ication of this Ordinance where such
project would otherwise generate such a
return.
(3) That the applicant
acquired the property prior to February
27, 1990.
(d) The City shall retain the
services of a professional appraiser and
cost analyst in order to evaluate an
applicant's claim of hardship. The
reasonable cost of such services shall be
paid by the applicant. Upon the filing
of a hardship application, the applicant
shall deposit with the City the amount of
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Five Thousand Dollars ($5,000.00), which
shall be credited toward such costs. If
additional sums are necessary to pay such
costs, the applicant shall pay such
additional amounts within ten (10) days
of request by the City. If the costs are
less than Five Thousand Dollars
($5,000.00), the remaining balance of the
applicant's deposit shall be refunded.
(e) If, based upon evidence
presented, the City council determines
that a hardship claim should be granted,
the fee required by this Ordinance may be
reduced in an amount deemed appropriate
by the city council, but in no event
shall the fee be reduced to lower than
Five Thousand Five Hundred Dollars
($5,500.00) per low cost lodging unit
removed.
SECTION 2. Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of
this Ordinance I 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
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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
within 15 days after its adoption. This Ordinance shall become
effective 30 days from the date of its adoption.
APPROVED AS TO FORM:
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ROBERT M. MYERS
City Attorney
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even though the manufacturer or importer is also the
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retailer
thereof and whether or not the amount of such tax is stated as a
separate charge.
( iii)
In connection with a person leasing,
subleasing, or renting property, all amounts paid by a tenant or
subtenant to a lessor or sublessee for the services performed, or
materials used, or utilities or facilities furnished by the
lessor or sublessor on the premises or in connection with the
tenant's or subtenant's use, possession, or the right to possess
the property, including but not 1 imi ted to income from laundry
facilities on the property; any receipts paid by a tenant or
land, or the right to use or possess land other than that upon
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subtenant to a lessor or sublessor for the use or possession of
which the building or structure is located but which is used or
subtenant for purposes related to the tenanc7all amounts paid as
prepaid rent, and all amounts paid by a tenant or subtenant for
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possessed or is available for use or possession by a tenant or
the rental of any furniture, equipment, fixtures, garage, or
storage space.
(iv) Receipts of any person received
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as
commissions or fees earned, or charges of any character made
compensation of any character received, for the performance of
any service by said person or any of said person's employees and
receipt of any person received as partial or full compensation or
reimbursement for salaries, payroll taxes, fringe benefits, and
any and all similar expenses for persons who are employees of
said person and receipts of any person received as partial or
full compensation or reimbursement for equipment, supplies,
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4Ifitv Wide statistics 4It
01/01/89
through
12/31/89
01/01/89
through
12/31/89
01/01/89
through
12/31/89
01/01/89
through
12/31/89
01/01/89
through
12/31/89
Part I Crime: 9203
All Other Arrests:
(Except Traffic)
6269
Total: 15,472
Beat/RD 2..
Part I Cr~me: 1842
All other Arrests: 1528
(Except Traffic)
Total: 3370
Soecial RD 2A
Part I Crime: 106
All Other Arrests: 113
(Except Traffic)
Total: 219
Specl.al RD 2B
Part I crime: 285
All Other Arrests: 120
(Except TraffJ..c)
Total: 405
Soec1.al RD 2C
Part I Crime: 81
All Other Arrests:
{Except Traffic}
58
Total: 139
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even though the manufacturer or importer is also the retailer
thereof and whether or not the amount of such tax is stated as a
separate charge.
( iii) In connection with a person leasing,
subleasing, or renting property, all amounts paid by a tenant or
subtenant to a lessor or sublessee for the services performed, or
materials used, or utilities or facilities furnished by the
lessor or sublessor on the premises or in connection with the
tenant's or subtenant's use, possession, or the right to possess
the property, including but not limited to income from laundry
facilities on the property: any receipts paid by a tenant or
subtenant to a lessor or sublessor for the use or possession of
land, or the right to use or possess land other than that upon
which the building or structure is located but which is used or
possessed or is available for use or possession by a tenant or
subtenant for purposes related to the tenancy, all amounts paid
as prepaid rent, and all amounts paid by a tenant or subtenant
for the rental of any furniture, equipment, fixtures, garage, or
storage space.
(iv) Receipts of any person received as
commissions or fees earned, or charges of any character made or
compensation of any character received, for the performance of
any service by said person or any of said person's employees and
receipt of any person received as partial or full compensation or
reimbursement for salaries, payroll taxes, fringe benefits, and
any and all similar expenses for persons who are employees of
said person and receipts of any person received as partial or
full compensation or reimbursement for equipment, supplies,
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