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SR-8-D (27) . . ~ . ~-j) CA:BAR:rordsr.emgjwpfilesjpc city council Meeting 10-27-92 OCT 2 7 1992 Santa Monica, California STAFF REPORT TO: Mayor and city council FROM: city Attorney SUBJECT: Ordinance Extending a Moratorium on Multifamily Residential Development with certain Exemptions in Order to Comply with Proposition R and Declaring the Presence of an Emergency INTRODUCTION On September 27, 1992, the City Counc1l adopted Ordinance Number 1649 (CCS) which established a moratorium on multifamily residential development with certain limited exemptions. Pursuant to its provisions, the moratorium and exemption provisions of this ordinance would only become operative should the stay of the judgment in Santa Monlca Housinq Councllf et alA v. Clty of Santa Monica be lifted, the Judgment otherwise becomes effective, or the Clty otherwise be prohibited from enforclng the provisions of Ordinance 1615 (CCS) pursuant to any other court order. Ordinance 1649 will expire on November 13, 1992. This report recommends that the Council adopt this ordinance which would extend the effective date of the moratorium ordinance for an additional ten (10) months and fifteen (15) days. BACKGROUND On November 6, 1990, the voters of the City of Santa Monica approved Proposltion R which mandates that on an annual basis not g-D neT 2 7 199,2 less than 30% of all multifamily residential housing newly constructed in the City be permanently affordable to low and moderate income households. On March 3, 1992, the city Counc1l adopted Ordinance Number 1615 (CCS) to meet the requirements of Proposltion R. On March 20, 1992, the Santa Monica Housing council and Robert J. Sullivan filed suit aga1nst the city, Santa Monica Housinq Council, et al. v. city of Santa Monica, Los Angeles Superior Court Case Number se 016169, contending, in part, that the city had to amend Program 12 of its Housing Element before adopting Ordinance 1615 (CCS). On August 28, 1992, the Court found that the city's adoption of Ordinance No. 1615 (CCS) without first amending Program 12 of the city's Housing Element violated state law. On September 23, 1992, the Court entered judgment ordering the city in relevant part to refrain from enforcement of Ord1nance 1615 (CCS) until the city has amended 1ts Housing Element; to amend its Housing Element to reflect the adoption of Proposition R, and, if desired, Ordinance 1615 (CCS); and pending the amending of the Housing Element, to process projects under Program 12 or establish a moratorium. The City appealed the Court's September 23, 1992 judgment on September 24, 1992. The appeal of the Court's judgment automatically stays the judgment, preventing it from taking effect pending the resolution of the appeal. However, Santa Monica Housing Council and Robert J. Sullivan have stated that they do not believe that portions of the Court's judgment are stayed pending the resolution of the appeal and have indicated that they will ask the Court to enforce the judgment, thereby necessitating the continued need for thls ordinance. On October 16, 1992, the Department of Housing and Community Development ("HeD") reported its written findings to the City concerning the C1ty'S revised Housing Element sent to HCD on August 31, 1992. HCD believes that additional revisions to the revised Housing Element are needed in order for the Element to comply with state law. The city is in the process of formulating a response to HCD's findings. The City is also in the process of preparing an environmental impact report in conjunction with the revised Housing Element. It is anticipated that this ErR will be completed in January 1993 and that the revised Housing Element and EIR will be presented to the Santa Monica Planning Commission and the Santa Monica city Council for review promptly thereafter. PROPOSED ORDINANCE This ordinance would extend the moratorium on multifamily residential development established by Ordinance 1649 with the same limi ted exemptions. This ordinance parallels the moratorium ordinances adopted by the City Council prior to 1ts adoption of Ordinance 1615 (CCS) and contains the principal exemptions set forth in those ordinances. However, the moratorium and exemption provlsions of this ordinance would only become operative should the judgment in Santa Monica Housing council, et alA v. City of Santa Monica become effective or the City otherwise be prohibited from '. enforcing the provislons of Ordinance 1615 (CCS) pursuant to any other court order. Pursuant to the Court's judgment, until the city amends its Housing Element, the City is required to process projects under Program 12 unless it establishes a moratorium. Simply processing development proJects pursuant to existing Program 12 provisions would not enable the city to meet the requirements of Proposition R. Thus, should the stay of the Court's judgment be lifted, this emergency moratorium is necessary so that the city will be able to meet the mandate of Proposition R. As stated, this ordinance will expire in ten (10) months and fifteen (15) days. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be introduced and adopted. PREPARED BY: Joseph Lawrence, Act1ng city Attorney Barry Rosenbaum, Deputy city Attorney . , CA:BAR:rord.emg/wpfiles/pc city Council Meet1ng 10-27-92 Santa Mon~ca, California ORDINANCE NUMBER 1656 (CCS) (City Councll Ser1es) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA EXTENDING A MORATORIUM ON MULTIFAMILY RESIDENTIAL DEVELOPMENT WITH CERTAIN EXEMPTIONS IN ORDER TO COMPLY WITH PROPOSITION RAND DECLARING THE PRESENCE OF AN EMERGENCY THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. F~nd1nqs and Purpose. The city council finds and declares: (a) On November 6, 1990, the voters of the City of Santa N:on~ca approved Propos~tion R, adding Section 630 to the City Charter to read as follows: The c~ty Council by Ordinance shall at all times require that not less than thirty percent (30%) of all multifamily-resldent1al houslng newly constructed in the City on an annual basis is permanently affordable to and occupled by low and moderate income households. For purposes of this section, "low income household" means a household with an income not exceeding sixty percent (60%) of the Los Angeles County median income, adjusted by fam~ly slze, as publ1shed from t~me to time by the Unlted States Department of Housing and 1 Urban Development, and "moderate income household" means a household with an income not exceedlng one hundred percent (100%) of the Los Angeles County median income, adjusted by family Slze, as published from time to time by the united states Department of Houslng and Urban Development. At least fifty percent (50%) of the newly constructed units required to be permanently affordable by this section shall be affordable to and occupied by low income households. (b) On March 3, 1992, the city Council adopted Ordinance Number 1615 (CCS) speciflcally to meet the requirements of Proposition R. (c) On March 20, 1992, the Santa Monica Housing Council and Robert J. Sulllvan filed suit agalnst the City, Santa Monica Housinq Councll, et alA v. Clty of Santa Monica, Los Angeles Superior Court Case Number SC 016169, contendlng, in part, that the City had to amend Program 12 of ltS Houslng Element before adopting Ordinance 1615 (CCS). (d) On August 28, 1992, the Court found that the city's adoption of Ordinance No. 1615 (CCS) without first amending Program 12 of the City's Housing Element vlolated state law. (e) On August 31, 1992, the City sent a revised Housing Element to the California Department of Housing and Community Development ("HCD") for its reVlew. 2 (f) This document conta1ns additions and revisions prepared specifically 1n response to comments made by HCD to an earlier version of the Clty'S revised Housing Element submitted to HCD by the City. The August 31, 1992 document also updates the Housing Element to reflect changes in City ordinances and population and income data from the 1990 census. The revised Housing Element contains a descrlpt10n of the passage of Propositlon R and its implementation through adopt1on of Ordinance 1615. There is no conflict between the rev1sed Housing Element sent to HCD on August 31, 1992 and the prov1s1ons of Ordinance 1615. (g) On September 23, 1992, the Court entered judgment orderlng the city in relevant part to refraln from enforcement of Ordinance 1615 (CCS) unt11 the city has amended its Housing Element; to amend its Houslng Element to reflect the adoption of Proposition R, and, if des1red, Ordinance No. 1615 (CCS); and pending the amending of the Housing Element, to process projects under Program 12 or establish a moratorium. (h) The C1ty appealed the Court's September 23, 1992 judgment on September 24, 1992. (i) The City's appeal of the Court's judgment automat1cally stays the judgment, preventing the judgment from being effective pending the resolut10n of the appeal. (j) Santa Monlca Hous1ng Council and Robert J. Sulllvan have 1nformed the Clty that they do not consider portions of the Court's judgment stayed pending resolutlon of appeal and that they will ask the Court to enforce those portions of the judgment should this 3 council adopt this ordinance. (k) On September 29, 1992, Ordlnance Number 1649 (CCS) was adopted to ensure that the Clty is able to meet the requirements of Proposltion R should the stay of the Court's Judgment be lifted or the judgment otherwise enforced. proposition R mandates that on an annual basis not less than 30% of all multifamily residential housing newly constructed ln the city be permanently affordable to low and moderate lncome households. Histor~cally, multifamily res1dential houslng developed in the city falls far short of this 30% requlrement. Slmply processing development proJects pursuant to the existing Program 12 provls1ons would not enable the city to meet the requirements of Propos1t1on R. Thus, this emergency moratorlum was adopted so that the Clty would be able to meet the mandate of Proposltion R. This ordinance w111 expire on November 13, 1992. (1) On October 16, 1992, the HCD reported its wrl.tten findings to the city concerning the revised Housl.ng Element. HCD believes that additional changes to the revised Housing Element are needed before the Rev1sed Houslng Element wl.ll comply with state law. The City lS in the process of formulating a response to HCD's find1ngs. (m) It is anticipated that the revised Houslng Element will not be presented to the Santa Monlca Planning COmID~SSlon and the Santa Monica city Council for review until early 1993 since the enVlronIDental impact report being prepared 1n conjunction with the ReVlsed Housing Element will not be completed until that time. 4 (n) Given that the C1.ty "lOuld not be able to meet the obllgatlons of PropositJ.on R should the stay be Ilfted or the judgment otherwlse enforced and thJ.s ordinance not be enacted, there is a current and immediate threat to the public health, safety, or welfare of the city. The process1.ng of tentative tract maps , tentative parcel naps, use permits, var 1.ances, bUJ.lding permits or other city perm1ts for multl-fam1ly resldential development contrary to the terms of this ordinance would also result in a threat to public health, safety, or welfare. (0) This ordinance is adopted in conformity with Santa Monica MUn1.Clpal Code Section 9120.6. SECTION 2. Applicab1l1ty. The provlsJ.ons of Sectlons 3 and 4 of this ordlnance shall become immediately operative the date that any of the following events occur: (a) The stay of the Judgment in Santa Mon1ca Housinq council. et alA v. City of Santa Monica, Los Angeles Superior Court Case Number SC 016 169 is lifted pursuant to the provlsions of Code of CiVll Procedure Section 1110b or the judgment, or any portion thereof, otherwise becomes effectlve. (b) The C1ty is prohibited from enforclng the provisions of Ordinance 1615 (CCS) pursuant to any court order. SECTION 3. Moratorium. ~ (a) SubJect to the exemptions set forth in Section 4 of this Ordinance, a moratorium is hereby placed on the acceptance for processing of any appllcations for approval of tentative tract 5 maps, tentative parcel maps, admlnistrative approvals, development review permits, conditional use permits, or any other City permits for the erection, constructlon, moving, and excavation and grading for, any mUlti-family resident1al bU11ding or structure. (b) Subject to the exemptlons set forth in section 4 of this Ord1nance, the Plann1ng Commission and city staff are hereby directed to disapprove all applications for approval of tentative tract maps, tentat1ve parcel maps, admlnistratlve approvals, development review permits, conditional use permits, or any other city permits for the erection, construction, moving, and excavation and grading for, any multi-family residential building or structure. SECTION 4. Exempt1ons. The following applications are exempt from the provisions of Section 3 of this Ordinance: (a) Applications for approval of permits involving the erection, construct1on, enlargement, demolit1on, or moving of, and excavation and grading for any mUlti-family res1dential development intended for rental hous1ng for persons of low and moderate income or for senior citizens, and which development is financed by any federal, state or city housing assistance program or owned by any non-profit organization, provided a deed restriction is recorded restricting the development to such purpose. (b) Applications for approval of permits involving the erection, construction, and excavation and grading for any multi- family residential development that has already obtained a vesting tentative map from the city that has not subsequently expired. 6 (c) Appl1cations for approval of permits involving the construction and excavat10n and grading for, mUlti-family residential developments where the followlng requlrements are met: (1) The applicant proposes that thirty percent (30%) of the total number units to be constructed on slte by the applicant, excluding any density bonus units the applicant is ent1tled to under Government Code section 65915, shall be permanently affordable to and occupied by low and moderate income households as provided for 1n this subsection. (2) For purposes of this subsection, "low income household" means a household with an income not exceeding sixty percent (60%) of the Los Angeles County medlan income, adjusted by family Slze, as publlshed from time to time by the Unlted states Department of Housing and Urban Development, and "moderate income household" means a household with an income not exceeding one hundred percent (100%) of the Los Angeles county medlan income, adjusted by famlly slze, as published from time to time by the Unlted States Department of Housing and Urban Development. (3) At least fifty percent (50%) of the newly constructed unlts required to be permanently affordable by this subsection shall be affordable to and occupied by low income households. (4) In determining the number of inclusionary units required, any declmal fraction less than 0.5 shall be rounded down to the nearest whole number, and any decimal fraction of 0.5 or more shall be rounded up to the nearest whole number. However, in 7 . . determining the number of low lncome incluslonary units required, any decimal fractlon less than 0.5 shall be rounded up to the nearest whole number. (5) At the time of filing an application wlth the city's Plannlng Department for permission to develop mUlti-family market rate dwelling units, the developer shall specify the number, type, location, size, and constructlon schedule of all dwelling units proposed to be developed and shall indicate which of the dwelling units, lf any, are intended to satisfy the lnclus10nary housing requlrements of thlS Chapter. (6) If located on the proJect slte, lnclusionary units shall, whenever reasonably possible, be evenly distributed throughout the proJect. The appl1cant may reduce elther the size or interior amenities of the inclusionary units as long as there are not signlficant identifiable differences between inclusionary and market rate units vislble from the exterlor of the units and the size and design of the units are reasonably cons1stent with the market rate units 1n the project, provided that all unlts confirm to the requirements of the applicable Building and Housing Codes. Inclusionary units provided shall have at least the same number of bedrooms as the average unlt in the project and if the floor area of the inclusionary units is not the same as the floor area of the market rate unlts at the project, each of the lnclusionary units shall satisfy the following mlnlmum total floor area, depending upon the number of bedrooms provided: 8 . . o Bedroom 500 Square Feet 1 Bedroom 600 Square Feet 2 Bedrooms 850 Square Feet 3 Bedrooms 1080 Square Feet 4 Bedrooms 1200 Square Feet (7) All inclusionary units In a project or a phase of a project shall be constructed concurrently with the construction of market rate unlts in the project or phase of that project. (8) Inclusionary unlts developed on the project s1te must be rental unlts 1n rental or ownersh1p projects. (9) The Clty shall, on an annual basis, set maximum allowable rents for inclusionary units, adjusted by the number of bedrooms. Such maximum allowable rents shall be set at rates such that qualified occupants for low income units pay no more than thirty percent (30%) of the gross monthly household income for households earning 60% of the medlan lncome. Qualified occupants for moderate lncome un1ts shall pay no more than 30% of the gross household income for households earning the median 1ncome. The owner of each inclusionary unit shall retain discretion in the selection of eliglble renters for that unit, provided that such renters meet the requ1rements of Subsections (c) (10)-(c) (12) of this section. (10) Only low and moderate 1ncome households shall be eligible to occupy inclusionary units. The City may establish administrative guidelines for determining household income, minimum 9 . , and maXlmum occupancy standards and other compat~ble eligibllity crlterla. The Clty Councll may, by resolution, approve a tenant certlfication process with WhlCh a project applicant subject to thIs Chapter shall be required to comply. (11) The follow1ng lndividuals, by virtue of their position or relationship, are lneliglble to occupy an affordable unlt: (i) All employees and officials of the City of Santa Monica or its agencies, authorities, or commissions who have, by the authority of thelr position, policy-making authorlty or influence affecting Clty housing programs. (ii) The 1mmediate relatives, employees, or other persons galning sign1flcant econom1C benefit from a direct business assoclation with public employees or officials. (iii) The immediate relat1ves of the applicant or owner, including spouse, children, parents, grandparents, brother, slster, father-1n-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, nlece, nephew, slster-ln-law, and brother-in-law. (12) In setting priorities among eligible households, first priority shall be given to Santa Monica residents, second priority to persons employed in Santa Monica, and third priority to other persons. (13) Prlor to the issuance of a bUIldlng permit for a project exempt under this subsection, the applicant shall submit deed restrictions or other legal instruments setting forth the 10 . . obligations of the applicant under this subsection for City review and approval. Such restrictlons shall be effective for the llfetlme of the proJect. (14) The requlrements of this subsection shall be made conditions to the approval of any application filed pursuant to this subsection. (d) Applications for approval of permits involving the rehabilitation or enlargement of existing dwelling units. SECTION 5. This ordinance shall be of no further force and effect ten (10) months and flfteen (15) days from its adoption. SECTION 6. This ordinance is declared to be an urgency measure adopted pursuant to the provlsions of section 615 of the Santa Monlca Clty Charter. It is necessary for preserving the public peace, health and safety, and the urgency of its adoption is set forth in the findings above. SECTION 7. Any provlsion of the Santa Monica Municipal Code or append1ces thereto lncanslstent Wl th the provisions of this Ordinance, to the extent of such lnconsistencies and not further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 8. If any section, subsectlon, sentence, clause, or phrase of th1s Ordlnance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdictlon, such declsion shall not affect the validity of the remaining portions of this Ordinance. The city Council hereby declares that lt would have passed this Ordinance, and each and 11 . . every section, subsection, sentence, clause, or phrase not declared invalld or unconstltutianal wlthout regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 9. 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 adoptlon. This Ordinance shall become effective upon adoptlon. APPROVED AS TO FORM: ~~ J}JPH ~WR~NCE Acting City Attorney 12 . . Adopted and approved this 27th day of October, 1992. I hereby certify that the foregoing Ordinance No. l656(CCS) was duly and regularly introduced at a meeting of the City council on the 27th day of October 1992~ that the said Ordinance was thereafter duly adopted at a meeting of the City Council on the 27th day of October 1992 by the following Council vote: Ayes: Councilmembers: Abdo I Genser, Holbrook, Olsen, Vazquez, Zane Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: Katz ATTEST: --- /~~~~ ~ - City Cler~