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SR-8-B (66) CA:BAR:rordsr.emg/wpfiles/pc City Council Meeting 9-29-92 Y-8 SEP 2 9 1992 Santa Monica, California ~.... STAFF REPORT TO: Mayor and City Council FROM: City Attorney SUBJECT: Ordinance Establishing a Moratorium on Multifamily Residential Development with Certain Exemptions in Order to Comply with Proposition R and Declaring the Presence of an Emergency BACKGROUND On November 6, 1990, the voters of the city of Santa Monica approved Proposition R which mandates that on an annual basis not less than 30% of all multifamily res1dential housing newly constructed in the City be permanently affordable to low and moderate income households. On March 3, 1992, the city Council adopted Ordinance Number 1615 (CCS) to meet the requirements of Proposition R. On March 20, 1992, the Santa Monica Housing Council and Robert J. Sullivan filed suit against the city, Santa Monica Housinq Council, et al. v. City of Santa Monica, Los Angeles Superior Court Case Number SC 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 ordinance 1615 i-B SEP 2 9 i992 ~ . t (CCS) until the city has amended its Houslng Element; to amend its Housing Element to reflect the adoption of Proposition R, and, if desired, Ordinance 1615 (CCS)i 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 may ask the Court to lift the stay of this judgment, thereby necessitating the need for this ordinance. PROPOSED ORDINANCE This ordinance would establish a moratorium on multifamily residential development with certain limited exemptions. This ordinance, in large measure, parallels the moratorium ordinances adopted by the City Council prior to its adoption of Ordinance 1615 (CCS) and contains the principal exemptions set forth in those ordinances. However, the moratorium and exemption provisions of this ordinance would only become operative should the judgment in Santa Monica Housinq council, et al. v. City of Santa Monica become effective or the City otherwise be prohibited from enforcing the provisions of Ordinance 1615 (CCS) pursuant to any 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. This ordinance will expire in forty-five (45) days. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be introduced and adopted. PREPARED BY: Joseph Lawrence, Acting City Attorney Barry Rosenbaum, Deputy City Attorney CA:BAR:rord.emgjwpflles/pc City Council Meeting 9-29-92 Santa Monlca, Californla ORDINANCE NUMBERl649 (CCS) (City council Serles) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING A FORTY-FIVE DAY MORATORIUM ON MULTIFAMILY RESIDENTIAL DEVELOPMENT WITH CERTAIN EXEMPTIONS IN ORDER TO COMPLY WITH PROPOSITION R AND DECLARING THE PRESENCE OF AN EMERGENCY THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Findlnqs and purpose. The Clty Council finds and declares: (a) On November 6, 1990, the voters of the city of Santa Mon1ca approved Proposition R, addlng Section 630 to the City Charter to read as follows: The City Council by Ordlnance shall at all times require that not less than thlrty percent (30%) of all mUltifamlly-resldential housing newly constructed in the city on an annual basis is permanently affordable to and occupied by low and moderate income households. For purposes of this section, "low income household" means a household with an income not exceedlng sixty percent (60%) of the Los Angeles County median income, adjusted by family size, as publlshed from time to time by the United States Department of Housing and 1 Urban Development, and "moderate lncome household" means a household with an income not exceedlng one hundred percent (100%) of the Los Angeles County medlan income, adJusted by family size, as publlshed from time to time by the United States Department of Housing 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 occupled by low income households. (b) On March 3, 1992, the City Councll adopted Ordinance Number 1615 (CCS) specifically to meet the requirements of Propos1tion R. (c) On March 20, 1992, the Santa Monica Housing council and Robert J. Sulllvan flIed SUlt against the city, Santa Monica Housinq council f et al. v. Cl ty of Santa Monica, Los Angeles Superior Court Case Number SC 016169, contending, in part, that the city had to amend Program 12 of its Housing Element before adopting Ordlnance 1615 (CCS). (d) On August 28, 1992, the Court found that the City's adoptlon of Ordinance No. 1615 (CCS) without first amending Program l2 of the C1ty's Housing Element vlolated state law. (e) On August 31, 1992, the city sent a rev1sed Housing Element to the California Department of Housing and Community Development ("HCD") for its reVlew. 2 (f) This document contains additions and revlsions prepared in response to comments made by HCD to an earlier verSlon of the Clty's revlsed Housing Element submitted to HCD by the city. The August 31, 1992 document also updates the Housing Element to reflect changes in City ordlnances and population and income data from the 1990 census. The revised Housing Element contalns a descript10n of the passage of Propositlon R and its implementatlon through adoption of Ordinance 1615. There is no confllct between the revised Houslng Element sent to HCD on August 31, 1992 and the provisions of Ordinance 1615. (g) The California Department of Houslng and Community Development has forty-five days to report is wrltten findings to the Clty. After these findings are received, the revlsed Houslng Element will be revlewed by the Santa Monica Plannlng Commisslon and the Santa Monica city Councll prlor to final adoptlon. (h) On September 23, 1992, the Court entered Judgment orderlng the City ln relevant part to refrain from enforcement of Ordinance 1615 (CCS) untll the Clty has amended lts Houslng Element; to amend its Housing Element to reflect the adoptlon of Proposition R, and, if deslred, Ordinance No. 1615 (CCS); and pending the amending of the Housing Element, to process projects under Program 12 or establlsh a moratorium. (i) The City appealed the Court's September 23, 1992 judgment on September 24, 1992. (j) The city's appeal of the Court's judgment automatically stays the judgment, preventing the judgment from being effective 3 pending the resolutlon of the appeal. (k) Santa Monlca Housing council and Robert J. Sulllvan may ask the Court to llft the stay pursuant to Code of civil Procedure Section 1110b. (I) Should the stay be lifted, this ordinance lS necessary to enable the Clty to meet the requlrements of Proposltlon R. Proposition R mandates that on an annual baS1S not less than 30% of all multifamily resldentlal houslng newly constructed in the city be permanently affordable to low and moderate income households. Historically I multifamily residential housing developed in the City falls far short of thls 30% requlrement. slmply processing development projects pursuant to the existing Program 12 provisions would not enable the Clty to meet the requirements of Propositlon R. Thus, thlS emergency ~oratorium must be adopted so that the City will be able to meet the mandate of Proposltion R. (m) Given that the City would not be able to meet the obligations of Proposition R should the stay be llfted and this ordinance not be enacted, there IS a current and immediate threat to the public heal thl safety, or welfare of the Cl ty. The processing of tentative tract maps, tentatlve parcel maps, use permits, variances, building permits or other City permits for mUlti-family residential development contrary to the terms of this ordinance would also result ln a threat to public health, safety, or welfare. (n) This ordlnance is adopted in conformity wlth Santa Monica Munlcipal Code Section 9120.6. 4 SECTION 2. Applicabllity. The provislons of Sectlons 3 and 4 of thlS ordinance shall become lmmediately operative the date that any of the following events occur: (a) The stay of the judgment in Santa Monica Houslnq Council, et al. v. city of Santa Monlca, Los Angeles Superlor Court Case Number SC 016 169 ~s lifted pursuant to the provlslons of Code of civil Procedure Section 1110b or the Judgment otherwise becomes effective. (b) The Clty is prohlb~ted from enforclng the provlslons 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 lS hereby placed on the acceptance for processing of any appllcations for approval of tentative tract maps, tentative parcel maps, adminlstrative approvals, development reVlew permits, condltlonal use permits, or any other City permits for the erection, constructlon, mov1ng, and excavation and grading for, any multi-family residential building or structure. (b) subject to the exemptions set forth ln section 4 of this Ordinance, the Planning Commisslon and City staff are hereby directed to disapprove all applications for approval of tentative tract maps, tentative parcel maps, administrative approvals, development review perm~ts, conditional use permits, or any other Clty permits for the erection, construction, moving, and excavation and grading for, any multl-famlly residential bUlldlng or 5 structure. SECTION 4. Exemptions. The following applications are exempt from the provlsions of Sectlon 3 of thlS Ordinance: (a) Appllcatlons for approval of permits involving the erection, constructlon, enlargement, demolition, or moving of, and excavation and grading for any multiple dwelllng development intended for rental housing for persons of low and moderate income or for senior citlzens, and WhlCh development is financed by any federal, state or Clty houslng assistance program or owned by any non-profit organization, provlded a deed restriction lS recorded restrictlng the development to such purpose. (b) Applications for approval of permits lnvolving the erection, construction, and excavatlon and grading for any multiple dwelling development that has already obtalned a vesting tentative map from the Clty that has not subsequently explred. (c) Appllcations for approval of permits lnvolving the construction and excavatlon and grading for, projects where the followlng requlrements are met: (1) The appllcant proposes that thirty percent (30%) of the total number unlts to be constructed on slte by the applicant, excluding any denslty bonus units the applicant is entitled to under Government Code Sectlon 65915, shall be permanently affordable to and occupled by low and moderate income households as provlded for in thlS subsectlon. (2) For purposes of this subsectlon, "low income household" means a household wlth an lncome not exceeding sixty 6 percent (60%) of the Los Angeles County median income, adjusted by family size, as publlshed from time to time by the United states Department of Houslng and Urban Development, and IImoderate income household" means a household with an lncome not exceeding one hundred percent (100%) of the Los Angeles County median income, adjusted by family size, as published from tlme to time by the United states Department of Houslng and Urban Development. (3) At least fifty percent (50%) of the newly constructed units required to be permanently affordable by this subsection shall be affordable to and occupied by low lncome households. (4) In determining the number of lnclusionary units required, any declmal fraction less than 0.5 shall be rounded down to the nearest whole number, and any deClmal fraction of 0.5 or more shall be rounded up to the nearest whole number. However, ln determlnlng the number of low lncome lncluslonary units required, any decimal fract1.on less than 0.5 shall be rounded up to the nearest whole number. (5) At the time of flling an application with the City's Planning Department for permission to develop mUlti-family market rate dwelling un1.ts, the developer shall specify the number, type, location, size, and construction schedule of all dwelling unlts proposed to be developed and shall indicate which of the dwelling units, if any, are lntended to satisfy the inclusionary houslng requirements of this Chapter. (6) If located on the proJect site, incluslonary 7 unlts shall, whenever reasonably possible, be evenly distributed throughout the proJect. The applicant may reduce elther the size or lnterior amenltles of the inclusionary units as long as there are not significant ~dentlflable differences between lncluslonary and market rate units visible from the exterior of the units and the size and design of the units are reasonably cons1stent with the market rate units in the proJect, provided that all units confirm to the requirements of the appllcable BUllding and Housing Codes. Inclusionary units provided shall have at least the same number of bedrooms as the average unlt in the proJect and 1f the floor area of the lnclusionary units lS not the same as the floor area of the market rate units at the project, each of the lnclusionary units shall satisfy the following minlmum total floor area, depending upon the number of bedrooms provided: 0 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 lncluslonary units in a project or a phase of a project shall be constructed concurrently with the construction of market rate units in the proJect or phase of that project. (8) Incluslonary units developed on the proJect site must be rental units in rental or ownership proJects. (9) The City shall, on an annual basis, set maximum 8 allowable rents for 1nclusionary un1ts, adjusted by the number of bedrooms. Such maximum allowable rents shall be set at rates such that qualified occupants for low income unlts pay no more than thirty percent (30%) of the gross monthly household income for households earnlng 60% of the medlan income. Qualified occupants for moderate 1ncome units shall pay no more than 30% of the gross household income for households earnlng the median income. The owner of each lncluslonary unit shall retain discretion ln the selection of eligible renters for that unit, prov1ded that such renters meet the requlrements of Subsections (c) (10)-(c) (12) of thlS Section. (10) Only low and moderate income households shall be eligible to occupy inclusionary units. The City may establlsh admlnistratlve guidellnes for determining household income, minimum and maX1mum occupancy standards and other compatible eligibility criteria. The City Councll may, by resolution, approve a tenant certiflcation process with WhlCh a project applicant subject to thls Chapter shall be required to comply. (11) The following indivlduals, by virtue of their positlon or relationship, are ineligible to occupy an affordable unit: (1) All employees and offlcials of the city of Santa Monica or lts agenCles, authorities, or commissions who have, by the authority of thelr positlon, policy-making authority or influence affecting City housing programs. 9 (11) The lmmedlate relatlves, employees, or other persons gaining significant economic benefit from a direct bUSlness associatlon with public employees or officials. (iii) The immediate relatives of the applicant or owner, including spouse, children, parents, grandparents, brother, sister, father-in-law, mother-in-law, son-in-law, daughter-ln-Iaw, aunt, uncle, niece, nephew, sister-in-law, and brother-in-law. (12) In settlng priori ties among eligible households, flrst prlorlty shall be given to Santa Monlca resldents, second priorlty to persons employed in Santa Monica, and third priority to other persons. (13) Prior to the lssuance of a building permit for a proJect exempt under thlS subsectlon, the appllcant shall submit deed restrictlons or other legal instruments settlng forth the obligations of the applicant under this subsection for Clty review and approval. Such restrlctlons shall be effective for the llfetime of the project. (14) The requirements of this subsection shall be made condltions to the approval of any application filed pursuant to this subsectlon. (d) Applications for approval of permits lnvolving the rehabilltation or enlargement of existlng dwelllng units. SECTION 5. This ordinance shall be of no further force and effect forty-five days from its adoption. SECTION 6. This ordinance 1S declared to be an urgency 10 measure adopted pursuant to the provlsions of section 615 of the Santa Monica Clty Charter. It lS necessary for preservlng the public peace, health and safety, and the urgency of lts adoption is set forth in the find~ngs above. SECTION 7. Any provision of the Santa Monlca Municipal Code or append lees thereto inconslstent wlth the provlslons of thls Ordlnance, to the extent of such inconslstencles and not further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 8. If any sectlon, subsectlon, sentence, clause, or phrase of thlS Ordlnance is for any reason held to be invalid or unconsti tutional by a declslon of any court of any competent ]urlsdictlon, such decision shall not affect the valldity of the rema~nlng portlons of thlS Ordinance. The city council hereby declares that lt would have passed this ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstltutional without regard to whether any portion of the Ordlnance would be subsequently declared invalid or unconstltutional. 11 SECTION 9. The Mayor shall s1gn and the city Clerk shall attest to the passage of thlS Ordinance. The Clty Clerk shall cause the same to be publlshed once in the official newspaper wlthin 15 days after its adoption. This Ordlnance shall become effective upon adoption. APPROVED AS TO FORM: ,-~~ \. J J11"sEPH LAWRENCE Actlng City Attorney 12 Adopted and approved this 29th day of September, 1992. I hereby certify that the foregoing Ordinance No. 1649(CCS) was duly and regularly introduced at a meeting of the city council on the 29th day of September 1992; that the said Ordinance was thereafter duly adopted at a meeting of the city Council on the 29th day of september 1992 by the following council vote: Ayes: Councilmerobers: Abdo, Genser, Olsen, Vazquez, Zane Noes: Councilmembers: Katz Abstain: Councilmembers: None Absent: Councilmembers: Holbrook ATTEST: LIA~ ~ ~ city Clerk (